Socialist Republic of Vietnam Road Network Improvement Project · September 2003 Public Disclosure Authorized Public Disclosure Authorized ... (DPs) within the Corridor of Impact

RP173 Rev. V.4September 2003

Socialist Republic of VietnamRoad Network Improvement Project

Resettlement Action PlanChapters 10 to 14 - NH 48

Year 1 National Improvement Program Roads

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Submitted by:

Ministry of TransportationVietnam Road AdministrationProject Management Unit 18

Prepared with the Assistance of:

.P The Louis Berger Group, Inc.

Final DraftSeptember 2003

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Socialist Republic of Vietnam - Network Improvement Project

EXECUTIVE SUMMARY

A. THE ROAD NETWORK IMPROVEMENT PROJECT

The economic growth rate of Vietnam is one of the highest in Southeast Asia.Agriculture is the backbone to the economy, employing the majority of the country'slabor force, while certain industries, such as manufacturing, and the service sectoralso employ a large number of workers. Vietnam has made substantial gains inpoverty reduction in recent decades, but poverty still remains high particularly inrural areas. One of the strategies of the Government of Vietnam (GOV) for reducingrural poverty is improving rural road infrastructure and connectivity with urbancenters.

The Network Improvement Project (NIP) aims to contribute to this strategy byimproving rural road networks in Northern provinces in Vietnam. By doing so, theproject expects to (i) reduce road transit times in selected rural areas in northernVietnam; (ii) reduce vehicle-operating costs; (iii) improve overall road access to poorand isolated agricultural communities; and (iv) facilitate the delivery of goods fromagricultural production centers to markets.

The NIP will focus on the rehabilitation and strategic widening of approximately 635kilometers of roadways over a three-year period. The GOV will finance the NIPthrough the lending facilities of international development institutions. For the sub-projects scheduled to be implemented in the first year, the Ministry of Transport(MOT) will apply for loan assistance from the World Bank. However, the MOT has tocomply with certain requirements prior to World Bank appraisal of the sub-projects.Among them are compliance to World Bank guidelines for the Resettlement ActionPlans (RAP) (i.e., current document) and the Policy Framework for Compensation,Resettlement and Rehabilitation of Displaced Persons (hereafter referred to as the PolicyFramework).

B. THE NIP SUB-PROJECTS

The first year program of the NIP covers three national highways with a total lengthof 124.2 km. Their existing widths are varied with rough pavements and unevenedges. These sub-projects are as follows.

(i) NH 37 spans two provinces with 26.7 km of road improvements planned forBac Giang and 23 km for Thai Nguyen.

(ii) NH 47 is located in the province of Thanh Hoa. It is a part of the nationalhighway that leads to the Vietnamese border with Laos. The proposedupgrading shall cover 20.5 km, spanning two districts in the province.

(iii) NH 48 is located in Nghe An province. The road upgrading shall cover threedistinct sections, which are referred in this report as Sections 1, 2, and 3 andwhich have a road length of 8, 20, and 26 km, respectively.

The civil works on the three sub-project roads will include modifications on thecurrent height and width of road embankments and repaving of road surfaces.

E-1Resettlement Action Plan: Umbrella ReportPrepared with assistance of The Louis Berger Group, Inc.


C. SUB-PROJECT IMPACTS

All the three first-year sub-projects are anticipated to produce favorable impacts overthe long-term that will promote economic development and an improvement inliving standards in the sub-project areas. However, the sub-projects may also lead tosome negative impacts, particularly during the construction period. The DetailedMeasurement Surveys (DMS) conducted in the first two weeks of April 2003indicated that there are 7,404 Displaced Persons (DPs) within the Corridor of Impactof the first-year NIP roads.

Extensive project-related documentation - including an Environmental Assessment(EA), Environmental Management Plan (EMP), Social Assessment (SA), and EthnicMinority Development Plan (EMDP) - has been prepared to set out measures tomitigate negative socio-environmental impacts that potentially would result fromNIP works.

D. SCOPE OF RAP

This RAP aims to ensure that all DPs are adequately compensated for any project-related acquisition or damage to private assets and that sufficient measures are takento provide relocation services and economic rehabilitation assistance for the sub-project populations. This RAP follows the Policy Framework for the compensationand entitlement of DPs, which is based on existing Vietnamese laws and Work Bankpolicy, particularly OP No. 4.12. The ultimate goal of this RAP is that no DP is worseoff because of the NIP. Determination of DP-level compensation and entitlementsare based on the Policy Framework and particularly bear in mind the issues ofEligibility, Legal Framework, and Compensation and Entitlement Policy.

E. ELIGIBILITY

All persons whose houses and other structures; agricultural and residential land;businesses, occupation or place of work; crops and trees; and access to communityresources are temporarily or permanently affected as a result of the NIP will beentitled to compensation and other rehabilitation measures outlined in the RAP. Thecut off date for eligibility is the last day of the DMS for each sub-project.

F. LEGAL FRAMEWORK

A series of GOV laws, decrees and regulations relating to resettlement, compensationand rehabilitation and the World Bank Operation Directive 4.12 with Annexes on"Involuntary Resettlement" are the guiding legal documents for the NIP.Discrepancies among them have been resolved in the Policy Framework. To complywith World Bank guidelines, GOV has agreed to waive Decree No. 172/1999/CP forDPs without legal or legalizable rights over affected assets; Articles 7, 8, 16, 17, 18and 25 of Decree No. 22/1998/CP-ND; and Decree No. 87/1994/CP.

G. COMPENSATION AND ENTITLEMENT POLICY

Based on relevant laws of the GOV and Operating Policy (OP) No. 4.12 of the WorldBank, a compensation and entitlement policy has been developed to guide PMU 18



in awarding compensation and other entitlements to DPs. The overall objective ofthe compensation and entitlement policy is to restore DPs to pre-project livingstandards, income earning capacity and production levels. Compensation paymentswill be awarded at replacement cost. Land for land arrangements will be madeunless replacement land is unavailable or at the informed request of the DP for cashpayment. Different subsidy allowances and other forms of assistance are alsoavailable to different categories of DPs. Severely affected DPS will be entitled to foodaid and/or training and income restoration programs run through the DistrictAgricultural Extension Office and other relevant offices.

H. INSTITUTIONAL ARRANGMENTS

The MOT is the project investor for the NIP, while the Project Management Unit 18(PMU-18) under MOT is responsible for project implementation. CompensationCommittees will be established at provincial and district level to assist PMU-18 in allactivities related to the RAPs. They will be supervised by the provincial and districtPeople's Committee, respectively, as well as PMU-18. At least 3 DP representativesfrom each commune, including men and women, and the Head of the CommunePeople's Committee in relevant communes will be members on the DistrictCompensation Committees.

I. PUBLIC PARTICIPATION AND CONSULTATION

According to World Bank guidelines, DPs will be adequately informed andconsulted to enable their active participation in the planning and implementation ofRAPs. PMU 18 will be responsible for carrying out a Public Information Campaignand preparing a Project Information Manual for distribution to all DPs. Phase 1 ofthis campaign has already been carried out with considerable achievements, whilePhase 2 will be carried out after the GOV has signed a loan agreement with theWorld Bank for the NIP.

J. COMPLAINTS AND GRIEVANCES

The NIP will ensure that effective mechanisms are available and accessible to DPs foraddressing grievances and complaints. The timeframes and procedures foraddressing grievances and complaints are explained in the Public InformationManual to be distributed to DPs. In sum, DPs may address grievances andcomplaints at any time, beginning with the Commune People's Committee (PC). Ifthe DP is unsatisfied with the decision or the Commune PC is unable to resolve theissue, then the DP may refer to the District PC, then Provincial PC, and finally theDistrict People's Court. External monitoring and evaluation will also verify thatcomplaints by DPs have been resolved appropriately and in accordance with theRAP and Policy Framework.

K. MONITORING AND EVALUATION

The NIP will include both internal and external monitoring and evaluation measures.PMU-18 will be primarily responsible for internal monitoring and evaluation, inclose collaboration with district and provincial Compensation Committees, through



the preparation of quarterly RAP Implementation Status Reports submitted to GOV.An independent agency shall be retained to carry out external monitoring andevaluation. External monitoring and evaluation will focus on social impacts of theNIP on DPs and whether DPs have been able to maintain pre-project livingstandards, income earning capacity and production levels. Internal and externalmonitoring and evaluation will be carried out regularly throughout implementationof the RAPs and external monitoring and evaluation will continue for up to 2 yearsafter DPs have been paid for compensation.

L. ROAD IMPROVEMENT FOR NATIONAL HIGHWAY 48

The NIP sections of NH 48 are located in 3 sub-sections in Nghe An province. NgheAn is located in the North Central Coastal region of Vietnam. NH 48-1 traverses arelatively flat coastal area. The southern portion of NH 48-2 is relatively flat while itsnorthern portion and all of NH 48-3 are located in areas with rolling hills. Proposedimprovement measures for the sub-project include widening of the road formationand paving with asphalt concrete materials. The section of NH 48 between Km 20and Km 32 is currently scheduled to be improved under another project fundedlocally by the MOT. All resettlement issues associated with improvement works forthe three sections of the NIP, as well as the section funded by the MOT, will followthe guidelines laid out in the Policy Framework and the Umbrella Report of the RAPof the NIP.

M. SUB-PROJECT IMPACTS AND ENTITLEMENTS

A total of 2,665 households in Nghe An will be affected by the NIP. A total of 1,308households of Displaced Persons (DPs) have agricultural landholdings that will beacquired by the project, of which 65 will be severely affected. A total of 1,314 DPshave residential landholdings that will be acquired by the project, of which 56 will beseverely affected. The large majority of the severely affected DPs have requestedcash compensation. Along NH 48-1, two (2) DPs asked for replacement agriculturalland and 13 DPs asked for replacement residential land. But because thesehouseholds are scattered along NH 48-1, the development of a resettlement site forgroup relocation is not foreseen. All DPs along the NH 48 sub-project roads hadlegal or legalizable land use rights.



N. RESETTLEMENT COSTS AND IMPLEMENTATION PLAN

Resettlement costs cover both compensation for damages and/or losses to physical

assets, entitlement payments for DPs with specific circumstances and additionalcosts for administration, monitoring and evaluation. Compensation costs were

estimated at the district level, based on the results from an independent marketsurvey conducted in July 2003 in all the affected districts of Nghe An province.

The total resettlement costs are:

* NH 48-1: VND 17,151,594,000 equal to USD 1,121,000

* NH 48-2: VND 33,609,598,000 equal to USD 2,197,000

* NH48-3: VND 11,960,800,000 equal to USD 782,000.

The total resettlement budget for the entire NH 48 sub-project is USD 4,100,000.

Implementation of the RAP for NH 37 will occur over a period of six (6) months.Implementation of income rehabilitation assistance programs will continue for some

time afterwards, depending on the scale and nature of these programs as identified

by the eligible DPs. Based on the information available in July 2003, it is expected

that civil works will start in June 2004, which would mean that resettlement activitieswould be initiated in January 2004.



10. INTRODUCTION

10.1 Sub-Project Description

National Highway 48 (NH 48) is a road sub-project proposed for the first-yearprogram of the Network Improvement Project (NIP). The sub-project covers threedistinct sections, which are referred to as Sections 1, 2, and 3.

NH 48-1 (formerly known as Provincial Road 536) begins at NH 1 in Nam Cam andruns eastwardly ending at Binh Minh near Cua Lo beach for a total length of 8 km. Itis generallv flat and its existing width varies from 3.5 to 7 meters. The condition ofpavement on this segment ranges from good to poor.

NH 48-2 begins at the intersection with NH 1A (Km 412+537) and continuesnorthwestwardlv to Km 20 in Nhia Tuan. It is generally rolling and its existingwidth varies from 5.5 to 12 meters. The condition of pavement on this segmentranges from good to poor.

NH 48-3 begins at Km 32 in Nghia Dan and runs northwestwardly, ending at Km 64in Quy Hop. It is generally rolling and its existing width varies from 5.5 to 12meters. The pavement on this segment is in poor condition.

Proposed improvement measures for the sub-project include widening of the roadformation and paving with asphalt concrete materials. The section of NH 48between Km 20 and Km 32 does not fall under the proposed NIP works, as it iscurrently scheduled to be improved under another project funded locally by theMOT.

10.2 Sub-Project Area

The NIP sections of NH 48 are located in Nghe An province, as shown in Figure 10-1.Nghe An is located in the North Central Coastal region of Vietnam. NH 48-1traverses a relatively flat coastal area. The southern portion of NH 48-2 is relativelyflat while its northern portion and all of NH 48-3 are located in areas with rollinghills.

10-1Resettlement Action Plan: NH 48Prepared with the assistance of The Louis Berger Group, Inc.


Figure 10-1: Map of NH 48 Sub-Project

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NH 48-1 begins at NH 1 in Nam Cam and runs eastwardly through five communesin Nghi Loc district. The tail end of NH 48-1 traverses two precincts of the town ofCua Lo. Figure 10-2 provides a more detailed map of the sub-project area of NH 48-1.

NH 48-2 begins at the intersection with NH 1A and continues northwestwardlythrough three communes in Dien Chau district. The tail end of this road sectiontraverses two communes in Quynh Luu district. Figure 10-3 provides a moredetailed map of the sub-project area of NH 48-2.

NH 48-3 begins at Km 32 in Nghia Dan district and crosses through six of itscommunes. The tail end of this road section traverses five communes in Quy Hopdistrict. Figure 10-4 provides a more detailed map of the sub-project area of NH 48-3.

10-2

Resettlement Action Plan: NH 48Prepared with the assistance of The Louis Berger Group, Inc.


Figure 10-2: Map of NH 48-1 Sub-Project Area with Approximation of Road Alignment

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Figure 10-3: Map of NH 48-2 Sub-Project Area with Approximation ofRoad Alignment

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Figure 10-4: Map of NH 48-3 Sub-Project Area with Approximation ofRoad Alignment

NGHE AN NH-48-3

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10.3 Resettlement Issues

The Resettlement Action Plan for the NH 48 sub-project aims to ensure that all DPslocated in Nghe An province are adequately compensated for any project-relatedacquisition or damage to private assets and that sufficient measures are taken toprovide relocation services and economic rehabilitation assistance for the sub-projectpopulation. It follows the Policy Framework for Compensation, Resettlement andRehabilitation of Displaced Persons and the Umbrella Report of the RAP for the NIP.Additionally, all resettlement activities associated with road improvement works onthe road segment between NH 48-2 and NH 48-3 will have to follow the guidelineslaid forth in the Policy Framework and Umbrella Report of the RAP for the NIP.



11 IMPACTS

The following information on impacts was derived from the DMS, which was conducted

with 100% of DPs in Nghe An province, except for questions where sample size is

indicated below (see Chapter 2 for more detail). This chapter describes, first, socio-economic characteristics of affected area and, second, impacts of the NIP on DPs.

11.1 Socio-Economic Characteristics

11.1.1 DP Count

The number of households and individuals affected by the project are shown in Table11.1a, 11.1b and 11.1c below respectively for sections NH48-1, NH48-2 and NH48-3.

Table 11.1a - Distribution of DPs Along NH48-1 Corridor of Impact*

# DP DPCommune District

Households PopulationNghi Long Nghi Loc 9 35Nghi Xa Nghi Loc 165 802Nghi Quang Nghi Loc 66 339Nghi Hop Nghi Loc 107 486Nghi Khanh Nghi Loc 8 38

Sub-Total Nghi Loc 355 1,700

P. Nghi Thuy Cua Lo 33 152P. Thu Thuy Cua Lo 42 211

Sub-Total Cua Lo 75 363

NH 48-1 Total _ _430 2,063

Table 11.1b Distribution of DPs Along NH48-2 Corridor of Impact*

Commune District # DP DPHouseholds Population

Dien Yen Dien Chau 280 1,309Dien Doai Dien Chau 86 303Dien Lam Dien Chau 584 2,140

Sub-Total Dien Chau 950 3,752

Quynh Tam Quynh Luu 29 129Quynh Chau Quvnh Luu 349 1,470

Sub-Total Quynh Luu 378 1,599

NH 48-2 Total 1,328 5,351

11-1

Resettlement Action Plan: NH48Prepared with the assistance of The Louis Berger Group, Inc.


Table 11.1c Distribution of DPs Along NH48-3 Corridor of Impact*

Commune District # DP DPHouseholds Population

Nghia Quang Nghia Dan 19 82

Nghia Tien Nghia Dan 55 325Nghia Tan Nghia Dan 44 186

Nghia Lien Nghia Dan 111 450Nghia Hieu Nghia Dan 40 164

Nghia Hung Nghia Dan 28 133

Sub-Total Nghia Dan 297 1,340

Nghia Xuan Quy Hop 157 624Minh Hop Quy Hop 67 246Tam Hop Quy Hop 135 551Dong Hop Quy Hop 167 653Yen Hop Quy Hop 84 364

Sub-Total Quy Hop 610 2,438

NH 48-3 Total 907 3,778

*The order in which the communes are listed follows their relativelocation from the beginning to the end of the project road.

11.1.2 Marital StatusFigure 11-1:

The respondents of the DMS have r Marital statusthe following marital status: 97.8 ipercent are married, 0.9 percent are 100.0%single, 1 percent are widowed and 80.0%-0.3 percent are either divorced or 600%

separated (Figure 11-1). 20.0% ,

0.0% /O Al_ _Slngle Married Divorced/ Widowed

Separated

11.1.3 Size of HouseholdThe average household size of the DPs in Nghe An is approximately 4, which is slightlylower than the national average of 5 persons per household.

11-2Resettlement Action Plan: NH48Prepared with the assistance of The Louis Berger Group, Inc.


11.1.4 Income

Main income provider of the DPs surveyed in the project area is from husbands andwives combined (72 percent) (Figure 11-2a). The head of household was the main

income provider in 21 percent of households, and parents and children in 6 percent.

Figure 11-2a:

Main income provider (n=2292)

Support from children

Parents &children~ W-'"'~*f

Husband & wifem1_-

Head ofHH HH ___

0% 20% 40% 60% 80%

The main source of income among DPs surveyed was from both agriculture andhusbandry (76 percent) (Figure 11-2b). Seven (7) percent depend solely on agricultureand 17 percent on government pensions. No DPs gain income from the lease of land orproperty.

Figure 11-2b:

Source of income (n=373)

Animals and Agriculture

Agnculture

Lease/rent of property

Government pension

0% 20% 40% 60% 80%

11.1.5 IndebtednessAlmost no DPs in Nghe An owe debt to banks and/or private sources.

11-3



11.1.6 Household Utilities and Facilities11.1.6.1 Water Supply

Many DPs stated that water quality in many parts of road area is not good. As withother areas in Vietnam, the people in the communes mostly boil water for drinking.Around 33 percent of DPs own deep water wells, many of whom also have access topiped water. People usually use deep well water for washing and bathing, while pipewater is for drinking and food preparation.

11.1.6.2 Electricity Connriection

Power lines are available in all districts and the coverage rate is slightly higher than theother provinces with DPs. Close to 33.7 percent have an electricity connection at home,with access to lighting facilities. Figure 11-3 highlights DP access to utilities.

Figure 11-3: Utilities found from the house

40%%

30%-

20%

10%

0%Deep well Electricity Lighting

connection facilities

11.1.7 Age and Gender DistributionPeople below 20 years old accounted for 49.5 percent of DPs. The next most prevalentage ranges are 20-29 years of age (13.1 percent), 30-39 years of age (15.5 percent) and 40-49 years of age (12.7 percent). The old (70 and above) account for 2 .6 percent of DPs.The percent of males and females is of little difference. The male population is only 2.0percent less than female. This is a common tendency for all age groups except for thosebetween 40-49 years of age. DP population characteristics are detailed in Figure 11-4and Table 11-2.

Figure 11-4:

Age and sex of PAPs

25.0%

20.0%

15.0%

10.0%/

5.0%-, I3U IVIw.r AM0.0%-

Below 20-29 30-39 40-49 50-59 60-69 70 and20yrs yrsodd yrsodd yrsold yrsold yrs-'-

dd a Male * Female



Table 11-2: DP Population Distribution by Age Groups (% of Total)

Age Group Male Female TotalBelow 20 yrs 24.6 24.9 49.5old20-29 yrs old 6.4 6.7 13.1

30-39 yrs old 7.6 7.9 15.5

40-49 yrs old 6.4 6.3 12.7

50-59 yrs old 2.2 2.2 4.4

60-69 vrs old 1.3 1.4 1.770 and above 0.8 1.0 1.8Total 49.5 51.5 100.0

11.1.8 Human Settlement Distribution

The existing Road No 48 traverses through areas where there is high density of

population and has had an important influence on settlement patterns. Mosthouseholds living along roadsides have frontage shops, where they run running small

trades such as groceries, goods store, construction material shops, tourism services, andmotor garages.

11.1.9 Socio-Economic Activities

11.1.9.1 Agriculture

A number of communes along NH 48 are purely involved in agriculture cultivation,

such as Dong Hop and Dien Lam. They grow rice paddy with two crops a year. Theyalso grow other crops such as maize, potatoes, sugar canes, peanuts.

11.1.9.2 AnimalHusbanzdry

Animal husbandry in the sub-project areas forms a secondary source of income amonghouseholds. Peasants breed cattle and poultry, consisting of mainly pigs, ducks,

chickens, goats and cows in a quite large scale. Water buffaloes are numerous but theseare mainly used for the ploughing of fields for the cultivation of rice.

11.1.9.3 Services Inidustry

Nghe An is famous for its long and beautiful beaches. Services of tourism industry havedeveloped very fast. These consist of hotels, restaurants, and travel agencies. Crafts and

local specialty trading are also considered to be important sources of income.

11-5



11.2 Project Impacts

A summary of project impacts on DPS is provided in Table 11.3. Note that the total

count of of DPs in Table 11.3 will be larger than the total number of DPs (above) becausethe categories of impact are non-exclusive. For example, a single DP may be reported

three times for compensation of agricultural land, trees and crops, and allowances.



Table 11-3: Summary of Impacts

DP Households

Definition . NH 48-1 NH 48-2 NH 48-3 NH 48

Loss type of entitled Applcayio Compensaton Nghi Cua Dien Quynh Nghia Quy

person Loc Lo Total Chau Luu Total Dan Hop Total TOTAL

District Town District District District District

1. 1.1 Legal

Agricultural or Cash for affected area 344 4 348 464 93 557 284 102 386 1,291

land legalizableland ~rights

0 3 3 2 3 5 4 3 7 15

2.~~~~.

land ~~legallizable

Resiendential or Cash for affected area T 31 451 48 473T 2821 755 | 4551 455 1 ,258|

0 13 13 19 5 24 0 6 6 43

f .? ~ ~ ~ ~~~~~~~~ 1 3| 13 0 nl ol ol nl ol 131

11-7

Resettlement Action Plan: NH48

Prepared with the assistance of The Louis Berger Group, Inc.


Table 11-3 (continued)

3. Houses and 3.1 Partially affected Cash comp. for 0 1 1 9 5 14 0 0 0 15structures affected area

3.2 Entirely affected Cash comp. for 1 44 45 40 8 48 0 15 15 108entire structure _

4. Rented 4.1 Renters Cash allowance 0 2 2 0 0 0 0 0 0 2residencesI

4.2 Temporarily 1 35 36 19 2 21 0 10 10 67displaced DPs I _I I_I I_I I_I I I _

5. Crops trees 5.1 DPs before cut- Cash346 46 392 760 166 926 36 123 159 1,477off date compensation

6. Fixed assets 6.1 DPs before cut- Cash 1 2 551 571 313 2351 5481 2681 524 7921 1,397_ off date compensation !! ! ! ! ! ! ! ! ! ! __

7. Business 7.1 DPs before cut- Cash 1 0 91 91 25 9 1341 01 8 81 51off date compensation __ ! ! !

8.1 DPs left without Transport &8. Allowances viable residential transition 0 26 26 19 5 24 0 6 6 56

land holdings allowance

8.2 DPs RepaDrPallowanceexperiencing partial perepartially 0 9 9 9 oa5 14 o 23damage to building paffected structure 9 9structures afce tutr

8.3 PAPs with >

| 10% loss of | rehabilitation 44 15 59 128 45 173 4 40 44 276productive assets, assistance

____ ____ ___ or ill gal D P s_ _ _ _ _ _ _ _

9.1 Public9. Community Institutions with Cash allowance 1 1 2 22 19 41 1 21 22 65infrastructure affected

infrastructure

11-8



11.2.1 Land

Tables 11.4a, b and c respectively present the land impacts of the NIP along NH48-1, 2 &3.

Table 11.4a - Land Impacts (NH48-1)

Level of Nghi Loc District Cua Lo Town TOTALType of Land Impact M^2 M^2 M^2

Plots Plots PlotsPartial 3 167 37 2,902 40 3,069Entire 0 0 25 3,420 25 3,420

Residential Illegal Min.* 0 0 0 0 0 0

Sub-Total 3 167 62 6,322 65 6,489

Partial 0 0 8 733 8 733Entire 0 0 1 200 1 200

Commercial Illegal Min.* 0 0 0 0 0 0

Sub-Total 0 0 9 933 9 933Partial 345 39,860 4 70 349 39,930Entire 0 0 5 469 5 469

Agricultural Illegal Min.* 0 0 0 0 0 0

Sub-Total 345 39,860 9 539 354 40,399Partial 348 40,027 49 3,705 397 43,732

Entire 0 0 31 4,089 31 4,089Total Land Illegal Min.* 0 0 0 0 0 0

Sub-Total 348 40,027 80 7,794 428 47,820

Amount of land required to provide DPs without legal land rights with the minimumstandard for their respective localities.

11 -9



Table 11.4b - Land Impacts (NH48-2)Dien Chau Quynh Luu TOTAL

Type of Land Level of District District #____Type of Land Impact MA2 MA MA2

Plots Plots Plots

Partial 455 39,911 277 13,577 732 53,488

Residential Entire 18 5,400 2 155 20 5,555Residentallea Mn*0 0 0 0 0 0

Sub-Total 473 45,311 279 13,732 752 59,043

Partial 23 2,365 6 547 29 2,912

. Entire 1 300 3 361 4 661


Sub-Total 24 2,665 9 908 33 3,573

Partial 474 77,785 106 20,376 580 98,161

Agricultural Entire 2 1,700 3 700 5 2,400AgricuturalIllegal Min.* 0 0 0 0 0 0

Sub-Total 476 79,485 109 21,076 585 100,561

Partial 952 120,061 389 34,501 1,341 154,562

Entire 21 7,400 8 1,216 29 8,616Total Land Illegal Min.* 0 0 0 0 0 0

Sub-Total 973 127,461 397 35,717 1,370 163,178

Table 11.4c - Land Impacts (NH48-3)

Level of NDistrict Quy Hop District TOTAL

Type of Land ImpactMA2 MA2 MA2

Plots Plots Plots

Partial 0 0 454 14,094 454 14,094

Entire 0 0 6 366 6 366Residential Illegal Min.* 0 0 0 0 0 0

Sub-Total 0 0 460 14,460 460 14,460

Partial 0 0 3 194 3 194

. Entire 0 0 0 0 0 0


Sub-Total 0 0 3 194 3 194

Partial 284 4,963 103 29,282 387 34,245

Entire 4 295 3 320 7 615Agricultural Illegal Min.* 0 0 0 0 0 0

Sub-Total 288 5,258 106 29,602 394 34,860

Partial 284 4,963 560 43,570 844 48,533

Entire 4 295 9 686 13 981Total Land Illegal Min.* 0 0 0 0 0 0

Sub-Total 288 5,258 569 44,256 857 49,514

11-10



11.2.1.1 Agricultural Land

Along NH48-1, a total of 349 plots of agricultural land will be partially affected by theNIP, amounting to 39,930 m2 of acquired area. A total of 5 plots of agricultural land willbe rendered non-viable and, therefore, entirely acquired by the NIP, amounting to 469m

2 .

Along NH48-2, a total of 580 plots of agricultural land will be partially affected by theNIP, amounting to 91,161 m2 of acquired area. A total of 5 plots of agricultural land willbe rendered non-viable and, therefore, entirely acquired by the NIP, amounting to 2,400m

2 .

Along NH48-3, a total of 844 plots of agricultural land will be partially affected by theNIP, amounting to 48,533 m2 of acquired area. A total of 13 plots of agricultural landwill be rendered non-viable and, therefore, entirely acquired by the NIP, amounting to981 M2.

Impacts on agricultural land will affect a total of 1,308 DPs (Table 11.3). All DPs havelegal or legalizable land use rights. A total of 1,243 DPs will be marginally affected and65 DPs will be considered as severely affected (see Chapter 12). The severely affectedDPs include 15 DPs whose agricultural plot will be entirely acquired or the remaininglandholding will be non-viable and, therefore, considered as entirely acquired; andanother 50 DPs who will lose more than 20% of their landholding. Only two (2) of theseverely affected DPs whose agricultural plot will be entirely acquired have optedreplacement land, while the rest have opted for cash compensation.

11.2.1.2 Residenitial Lanid and Commercial Lanid Use

Along NH48-1, a total of 40 plots of residential land will be partially affected by the NIP,amounting to 3,069 m2 of acquired area. A total of 25 plots of residential land will berendered non-viable and, therefore, entirely acquired by the NIP, amounting to 3,420 M2 .

Another 9 plots of residential land that is used for commercial purposes will also beaffected by the NIP, including 8 plots partially affected and one (1) plot entirely affectedor partially affected but rendered non-viable'.

Along NH48-2, a total of 732 plots of residential land will be partially affected by theNIP, amounting to 53,488 m2 of acquired area. A total of 20 plots of residential land willbe rendered non-viable and, therefore, entirely acquired by the NIP, amounting to 5,555m2 . Another 33 plots of residential land that is used for commercial purposes will alsobe affected by the NIP, including 29 plots partially affected and four (4) plots entirelyaffected or partially affected but rendered non-viable.

l The main difference in entitlement policy for residential land used for commercial purposes is ahigher compensation value. Policies affecting severely affected DPs and DPs without legal orlegalizable land use rights are the same as for residential land without a commercial use. DPsusing residential land for commercial purposes are also entitled to a business allowance and

income rehabilitation assistance if affected assets are more than 10%, as described below.11-11



Along NH48-3, a total of 454 plots of residential land will be partially affected by theNIP, amounting to 14,094 m2 of acquired area. A total of 6 plots of residential land willbe rendered non-viable and, therefore, entirely acquired by the NIP, amounting to 366m2. Another 3 plots of residential land that is used for commercial purposes will bepartially affected by the NIP and remain viable for commercial use.

In total, loss of residential land (with and without commercial uses) on all sections ofNH48-3 will affect 1,314 DPs. All DPs have legal or legalizable land use rights. A totalof 1,258 DPs will be marginally affected and 56 DPs will be severely affected (seeChapter 12), as they will be left with less than the minimum standard of residential landin Vietnam (i.e., 40 m2 in urban areas and 100 m2 in rural areas). Only 13 of the severelyaffected DPs, all of them located along NH 48-1, opted for replacement land, while therest opted for cash compensation for the entire holding. Because these 13 DPs arescattered along NH 48-1, the development of a resettlement site for group relocation will

not be required.

11.2.2 Houses and Other Structures

As shown in Table 11.5a for NH48-1, a total of 67 houses or structures will be affected bythe NIP. Of these, a total of 9 will be only partially affected, while 58 will be entirelyaffected or partially affected but rendered non-viable. The latter will be replacedconsidered as entirely affected in both cases.

As shown in Table 11.5b for NH48-2, a total of 65 houses or structures will be affected bythe NIP. Of these, a total of 14 will be only partially affected, while 51 will be entirelyaffected or partially affected but rendered non-viable. The latter will be replacedconsidered as entirely affected in both cases.

As shown in Table 11.5c for NH48-3, a total of 16 houses or structures will be affected bythe NIP. All of them will be entirely affected or partially affected but rendered non-viable. These structures will be replaced because considered as entirely affected.

A total of 15 DPs have houses or other structures that will be partially affected but stillviable and, therefore, will receive compensation for reconstruction of the affected areaand a repair allowance. However, 108 DPs have houses or other structures that will beentirely affected by the NIP or partially affected but rendered non-viable. These DPswill be compensated for reconstruction of the entire structure. Whether DPs will re-organize the reconstruction the structure on current landholdings or relocate willdepend on the viability of their remaining residential land, as described above.Compensation of houses and other structures will be made regardless of whether DPshave legal or legalizable land use rights.

11-12



Table 11.5a - Building Structure Impacts (NH48-1)

Nghi Loc Cua Lo TOTAL

Construction Level of District Town

Class Impact # M^2 # MA2 # MA2

Partial 0 0 7 28 7 28

Temporary Entire 0 0 2 55 2 55

Sub-Total 0 0 9 83 9 83

Partial 0 0 2 67 2 67

Grade 4 Entire 1 50 46 1,379 47 1,429Sub-Total 1 50 48 1,446 49 1,496

Partial 0 0 0 0 0 0Grade 3 Entire 0 0 9 852 9 852

Sub-Total 0 0 9 852 9 852

Partial 0 0 0 0 0 0

Grade 2 Entire 0 0 0 0 0 0

Sub-Total 0 0 0 0 0 0

Partial 0 0 9 94 9 94All Classes Entire 1 50 57 2,287 58 2,337

Sub-Total 1 50 66 2,381 67 2,431

Table 11.5b - Building Structure Impacts (NH48-2)

Dien Chau Quynh Luu TOTALConstruction Level of District District

Class Impact # M^2 # M^2 # MA2

Partial 0 0 0 0 0 0

Temporary Entire 0 0 0 0 0 0

Sub-Total 0 0 0 0 0 0

Partial 9 185 5 153 14 338

Grade 4 Entire 41 1,504 10 679 51 2,183

Sub-Total 50 1,689 15 832 65 2,521

Partial 0 0 0 0 0 0


Sub-Total 0 0 0 0 0 0

Partial 0 0 0 0 0 0


Sub-Total 0 0 0 0 0 0

Partial 9 185 5 153 14 338

All Classes Entire 41 1,504 10 679 51 2,183

Sub-Total 50 1,689 15 832 65 2,521



Table 11.5c - Building Structure Impacts (NH48-3)

Nghia Dan Quy Hop TOTAL

Construction Level of District DistrictClass Impact # M^2 # MA2 # MA2

0 0 0 0 0 0Temporary Entire 0 0 2 80 2 80

Sub-Total 0 0 2 80 2 80

Partial 0 0 0 0 0 0

Grade 4 Entire 0 0 14 907 14 907

Sub-Total 0 0 14 907 14 907

Partial 0 0 0 0 0 0


Sub-Total 0 0 0 0 0 0

Partial 0 0 0 0 0 0


Sub-Total 0 0 0 0 0 0

Partial 0 0 0 0 0 0

All Classes Entire 0 0 16 987 16 987

Sub-Total 0 0 16 987 16 987

11.2.3 Renters and Temporary DisplacementsA total of two (2) DPs in Nghe An are renting houses that will be affected by the NIP(Table 11.2). They will be entitled to a cash allowance corresponding to 6 months rentfor lost residence and assisted in identifying an alternative place of residence.

Another 67 DPs in Nghe An province will be temporarily displaced due to impacts onhouses. They will also be entitled to a cash allowance corresponding to 6 months rentand will be assisted in securing a temporary residence during the time of displacement.



11.2.4 Crops and TreesTables 11.6a, b & c show the impacts on trees and crops for NH48-1, 2 & 3 respectively.

Table 11.6a - Impacts on Crops and Trees (NH48-1)

ItemUnit Nghi Loc Cua LoItem UntTOTAL

District TownBanana 0 200 200Banglang # 0 6 6

Bonsai 0 102 102Cajuput 0 20 20Flamboyant 0 20 20Gourd MA2 0 10 10Mint 0 6 6Papaya 0 8 8Peanut MA2 2,101 0 2,101Pumpkin MA2 0 10 10Rice MA2 34,661 0 34,661

Unspecified Fruit 0 226 226Unspecified Timber I 0 42 42Unspecified Vegetable MA2 545 0 545

Table 11.6b - Impacts on Crops and Trees (NH48-2)

Dien QuynhItem Unit Chau Luu TOTAL

District DistrictBean MA2 12,849 0 12,849

Custard Apple 0 2 2Guava 0 6 6Jackfruit # 0 5 5Pumpkin MA2 0 10 10Rice MA2 88,709 0 88,709Sophora Japonica 0 5 5

Unspecified Crop MA2 78 12,526 12,604Unspecified Fruit 31 34 65Unspecified Timber 11 321 332Unspecified Tree 0 171 171Unspecified Vegetable MA2 2,328 807 3,135



Table 11.6c - Impacts on Crops and Trees (NH48-3)

Nghia QuHoItem Unit Dan Quy Hop TOTAL

District District

Bamboo # 0 27 27

Banana 0 20 20Bean MA2 0 60 60Corn MA2 0 105 105Peanut MA2 0 85 85Rice MA2 1,532 320 1,852

Shade Tree 302 0 302Sugar Cane MA2 0 765 765Tea 0 66 66Unspecified Crop MA2 0 405 405

Unspecified Fruit 5 825 830Unspecified Timber 0 218 218Unspecified Tree 11 0 11Unspecified Vegetable MA2 0 1,203 1,203

Along NH48-1, a total of 37,327 m2 of land with annual crops are affected by the NIP, ofwhich 93% are used for the culture of rice and 6% for peanut. A total of 630 trees will beaffected by the NIP. The largest numbers are found for fruit trees (36%), banana (32%)and bonsai (16%).

Along NH48-2, a total of 117,307 m2 of land with annual crops are affected by the NIP, ofwhich 76% are used for the culture of rice, 11% for peanut and 11% for other unspecifiedcrops. A total of 586 trees will be affected by the NIP. The largest numbers are found fortimber trees (57%).

Along NH48-3, a total of 4,475 m2 of land with annual crops are affected by the NIP, ofwhich 41% are used for the culture of rice and 27% for unspecified vegetables and 17%for sugar cane. A total of 1,474 trees will be affected by the NIP. The largest numbers arefound for fruit trees (56%), shade trees (20%) and timber trees (15%).

A total of 1,477 DPs in Nghe An province will lose trees and crops from lands acquiredby the NIP (Table 11.2). They will be compensated at full replacement cost, regardless ofwhether they have legal or legalizable land use rights.



11.2.5 Fixed Assets

Tables 11.7a, b & c show the impacts on fixed assets for NH48-1, 2 & 3, respectively.

A total of 1,397 DPs in Nghe An province will lose fixed assets from lands acquired bythe NIP (Table 11.3). They will be compensated at full replacement cost regardless ofwhether they have legal or legalizable land use rights.

Although all fixed assets have been inventoried, those corresponding to public utilities(electricity, telephone, water) will not be compensated under this RAP but, rather, areincluded in the construction cost.

Table 11.7a - Fixed Asset Impacts (NH48-1)

Material/ Nghi Loc Cua LoItem Umit TOTALDescriptor District Town

Ditch MA2 266 0 266Fence Constructed M 0 184 184Fence Brick M 0 498 498Foundation Stone MA3 0 109 109Gate # 0 17 17Kiosk M^2 0 24 24Outhouse MA2 0 5 5Pond MA2 455 0 455Roof Fibro MA2 0 898 898Roof Tin MA2 0 224 224Watertank Concrete 0 2 2Well Pump # 0 16 16Well Dig 0 7 7Yard Cement MA2 0 1,121 1,121Yard Brick M^2 0 418 418



Table 11.7b - Fixed Asset Impacts (NH48-2)

Material!/ Dien Chau QuynhlItem Unit Luu TOTAL

Descriptor District District

Box culvert # 0 508 508

Bridge # 210 300 510Cattle cage MA2 0 23 23Concrete MA3 69 134 203Culvert 90 297 387Ditch M 0 20 20Ditch Concrete M 6,420 0 6,420Embankment Stone MA3 289 60,000 60,289Fence Constructed M 0 253 253Floor Macadam MA2 762 0 762Floor Earth MA2 657 0 657Foundation MA3 0 555 555Gate Constructed 0 1,747 1,747Kiosk MA2 18 0 18Kitchen MA2 0 9 9Loi 3,726 4,725 8,451Patio Fibro MA2 0 183 183Pond MA2 4,300 470 4,770Wall Constructed MA2 399 195 594Well 14 42 56Yard Cement MA2 10,338 3,268 13,606



Table 11.7c - Fixed Asset Impacts (NH48-3)

Item Material/ Unit Nghia Dan Quy Hop TOTALDescriptor District District

Concrete MA3 0 1,747 1,747

Culvert 0 1,137 1,137

Culvert Slab 0 327 327

Ditch M 400 0 400

Door Iron 1 0 1

Fence Constructed M 157 20 177

Fence Wire M 0 20 20

Foundation MA3 0 1,283 1,283

Gate Constructed 0 11 11

Kiosk MA2 59 0 59

Patio Tin-roof MA2 0 292 292

Pond MA2 0 1,145 1,145

Wall Constructed MA2 19 955 974

Watertank Cement 0 1 1

Well 0 29 29

Yard Cement MA2 3,485 9,789 13,275

Yard Brick MA2 0 36 36

Yard Plastic MA2 0 354 354

11.2.6 Business allowanceA total of 51 DPs in Nghe An province have businesses on the residential land that willbe acquired by the NIP. They will be provided with a cash allowance for lost businessincome for the duration of the transitional period at 100% of revenue estimatedforegone, as described in Chapter 5. Compensation of land and structures used forbusinesses will be covered under the entitlement policy for residential land andstructures, respectively.

11.2.7 AllowancesA total of 56 DPs in Nghe An province will receive allowances for transportation andtransition, according to Decree 22/CP-ND, and economic rehabilitation assistancebecause of relocation.

A total of 23 DPs in Nghe An province will receive a repair allowance for partiallyaffected structures.



Another 276 DPs in Nghe An province will be eligible for income rehabilitationassistance because they have lost more than 10% of productive assets or are illegal DPs.

11.2.8 Community InfrastructureA total of 65 public institutions in Nghe An province are expected to have their assetsdamaged or fully acquired by the NIP. PMU 18 and PCC will ensure that communityinfrastructure will be restored or replaced to previous condition and operationalcapacity.

11.2.9 Temporary ImpactsNo temporary impacts were recorded in the DMS. However, in the case of temporaryimpacts on DPs for the purpose of road construction, the PCC will assist DPs innegotiating a rental contract with the construction company that will recognize costs forland restoration, reconstruction of houses and structures, and loss of income incurredduring the period of land use.

Impacts that will last for more than 2 years will be considered as permanent.



12. ENTITLEMENTS

Based on the impacts described in the previous chapter, DPs on NH48 will be entitled accordingto the compensation and rehabilitation policies described in the Entitlement Matrix (Table 12.1)to achieve the policy objective.



Table 12.1. Entitlement Matrix

Type of Loss Application Definition of Entitled Compensation Policy Implementation IssuesPerson

1. Agricultural 1.1 Less than 20% of 1.1.1 DP has legal or -Cash compensation at 100% replacement - If temporary impacts, DP will beland affected land holding and legalizable land use rights cost for affected land area compensated for loss of income, standing

remainder of holding is - Cash compensation for crops and trees crops and land restoration costs toeconomically viable at market price previous level of productivity(marginal impact) - Eligibility for income rehabilitation

assistance if affected area is more than1,308 DPs 1,243 DPs 1,243 DPs 10%

1.1.2 DP is without legal - No compensation for land, but provisionor legalizable land use of income rehabilitation assistance in lieurights of land compensation

- Cash compensation for lost crops,0 DPs houses and other assets at market price

1.2 More than 20% of 1.2.1 DP has legal or - Choice of "land for land" or cash - If temporary impacts, DP will beaffected land holding or legalizable land use rights compensation at 100% replacement cost compensated for loss of income, standingremainder of holding is - Compensation for or replacement of crops and land restoration costs toeconomically non-viable entire landholding, if remainder of previous level of productivity(severe impact) holding is economically non-viable

- Cash compensation for lost crops andtrees at market price- Eligibility for income rehabilitation

65 DPs 65 DPs assistance1.2.2 DP is without legal - No compensation for land, but provisionor legalizable land use of income rehabilitation assistance in lieurights of land compensation

- Cash compensation for lost crops,houses and other assets at market price- Provision of minimum standard of land(defined by locality), if DP is left with less

0 DPs than this minimum



Table 12.1. (continued)

Type of Loss Application Definition Compensation Policy Implementation Issues2. Residential 2.1 Loss of land and 2.1.1 DP has legal or - Cash compensation at 100% replacementland remaining landholding is legalizable land use rights value for land

viable (i.e., at least 40m2 - Eligibility for income rehabilitationin urban area and JOOm

2 assistance, if loss of residential land usedin rural area) (marginal for commercial purposes is more thanimpact) 10%

1,314 DPs 1,258 DPs 1,258 DPs2.1.2 DP is without legal - No compensation for land, but provisionor legalizable land use of income rehabilitation assistance in lieurights of land compensation0 DPs

2.2 Loss of land and 2.2.1 DP has legal or - Cash compensation at 100% replacement - Self-reorganizing: DPs that re-organizeremaining landholding is legalizable land use rights value for land and structures, without onto remaining lands will be providedinsufficient for re- deductions for depreciation or salvage with a rental allowance, as requiredorganizing (i.e., at least materials - Relocation: All relocated DPs will be40m 2 in urban area and provided with transport and transitionlOOm 2 in rural area) allowances, in accordance with Decree 22(severe impact) - Group relocation: Development of

56 DPs resettlement site, if clusters of DPsrequire replacement land

56 DPs 2.2.2 DP is without legal - No compensation for land, but provision Ibid.or legalizable land use of income rehabilitation assistance in lieurights of land compensation

- Compensation for structures at marketcost, without deduction for depreciationor salvage materials

0ODPs



Table 12.1. (continued)

Type of Loss Application Definition Compensation Policy Implementation Issues3. Structures 3.1 Partially affected 3.1.1 All DPs - Cash compensation at 100% replacement - No deductions for depreciation or

structure and remaining cost for affected area of structure salvage materialsstructure is viable - Repair allowance for partially affected

structures123 DPs 15 DPs 15 DPs - Rental allowance for renters, as required

3.2 Entirely affected 3.1.2 All DPs - Cash compensation at 100% replacement - No deductions for depreciation orstructure or partially cost for entire structure salvage materialsaffected but remaining - Rental allowance for renters, as requiredstructure is non-viable108 DPs 108 DPs

4. Businesses 4.1 Independent shops on 4.1.1 All DPs operating - Business allowance for temporary loss of - Compensation for "residential land"residential land acquired independent shops or business income during the transition equal to value of "commercial land"by the project other businesses period

51 DPs 51 DPs 51 DPs I _



13. RESETTLEMENT COSTS AND BUDGET

13.1 Overview

The budget outlined in this chapter comprises the total amount required to fund theimplementation of the RAP for the three sub-sections of the NH 48 sub-project. Itcovers direct compensation, rehabilitation costs, administrative expenses, andmonitoring and evaluation. Direct compensation and rehabilitation costs have beencalculated in accordance with the compensation and entitlement policies discussed inChapter 5. Based on costs estimates provided by the Nghe An PDOT and PMU-18,administrative costs were estimated at five percent (5%) of direct costs.

13.2 Direct Compensation and Rehabilitation Costs

Direct costs cover both compensation for damages and/or losses to phvsical assetsand entitlement payments for DPs with specific circumstances. Chapter 11 presentsthe quantities of affected assets. These include land, building structures, fixed assets,crops, and trees. Budget calculation for asset compensation involves multiplyingindividual item quantities by their respective replacement costs. An independentmarket survey was conducted in July 2003 in all the affected districts of Nghe Anprovince. Based on the results of this survey, district-level replacement rates wereestimated and are provided below. Budget allocations for entitlement allowancesare based on the Entitlement Matrix provided in Chapter 12 and are also discussedbelow.

13.2.1 Land

The replacement rates for agricultural, residential, and commercial land arepresented in Tables 13.1a and 13.1b and 13.1c. These rates are based on the weightedaverage land prices reported in the independent market survey for each classificationof land'.

Table 13.1a - Land Replacement Rates for NH 48-1 (VND/ MA2)

Type of Land Nghi Loc District Cua Lo TownResidential 600,000 1,220,000Commercial 1,700,000Agricultural 18,000 18,00q

I Average prices are weighted based on the number of DPs represented by each datacollection point.

13-1



Table 13.1b - Land Replacement Rates for NH 48-2 (VND / MA2)

Type of Land Dien Chau District Quynh Luu DistrictResidential 187,90( 187,90(Commercial 222,90( 222,90(Agricultural 65,0001 65,00C

Table 13.1c - Land Replacement Rates for NH 48-3 (VND / MA2)

Type of Land J Nghia Dan District J Quy Hop DistrictResidential 130,00( 130,00OCommercial 130,00( 130,00(Agricultural 13,00(4 13,000

13.2.2 Building Structures

The replacement rates for building structures by construction classification arepresented in Tables 13-2A, 13-2B, and 13-2C. These rates are based on the weightedaverage construction costs per square meter reported in the independent marketsurvey for each building class. There are no Grade 2 structures located in the impactcorridor of any of the three sections.

Table 13.2a - Building Structure Replacement Rates for NH 48-1(VND / M^2)

Construction Nghi Loc Cua LoClass District Town

Temporary 130,000Grade 4 600,000 716,000Grade 3 1 1,380,000Grade 2 _ __ __

Table 13.2b - Building Structure Replacement Rates for NH 48-2(VND/ MA2)

Construction Dien Chau Quynh LuuClass District District

Temporary

Grade 4 590,000 590,000Grade 3Grade 2



Table 13.2c - Building Structure Replacement Rates for NH 48-3(VND/ M^2)

Construction Nghia Dan Quy HopClass District District

Temporary 170,000 170,000Grade 4 500,000 500,000Grade 3Grade 2

13.2.3 Rental Allowances

Calculation of rental allowances is based on the rental price information collected bythe independent market survey. The estimation of monthly rent is detailed in Table13-3. Estimated month rent is then multiplied by six months to arrive at thebudgeted rental allowances.

Table 13.3 - Estimation of Monthly Rent of DPs

Province Average MA2 Average Monthly Estimated MonthlyPer Affected Rental Rate Per MA2 Rent PerResidence of Residential Land Residence

NH 48-1Nghi Loc 50 1,000 50,000Cua Lo 40 40,000 1,600,000

NH 48-2Dien Chau 45 16,300 733,500Quynh Luu 45 16,300 733,500

NH 48-3Nghia Dan 75 1,000 75,000Quy Hop 75 1,000 75,000

13.2.4 Crops and Trees

The replacement rates for crops and trees are presented in Tables 13-4A, 13-4B, and13-4C. These rates are based on the weighted average replacement costs reported inthe independent market survey for each type of crop or tree. Replacement ratesprovided by the Nghe An PDOT are utilized to address any gaps in the coverage ofthe market survey with respect to specific types of crops or trees. Replacement ratesfor unspecified fruit trees, timber trees, general tree, and crops are based on theaverage price for each sub-category reported in the market survey.



Table 134A: Crop and Tree Replacement Rates for NH 48-1 (VND)

Item Unit Nghi Loc Cua LoDistrict Town

Almond #Banana - 50,00(Bang lang - 19,00CBonsai - 95,90(Cajuput - 100,00(Flamboyant - 45,40(Gourd MA2 - 5,00(Mint - 4,00(Papaya - 90,70CPeanut MA2 360 -Pumpkin MA2 - 5,00(Rice MA2 3,600 -

Unspecified Fruit # 172,00(Unspecified Timber # 83,500Unspecified Vegetable MA2 1,050 -

Table 1344B: Crop and Tree Replacement Rates for NH 48-2 (VND)

Item Unit Dien Chau Quynh LuuDistrict District

Bean MA2 300 300Custard Apple # 143,400 143,40(Guava 52,000 52,00(Jackfruit 122,400 122,40(Pumpkin MA2 90,00 90,00Rice MA2 11,99 11,99

Sophora Japonica 900,00 900,00Unspecified Crop MA2 60,00 60,00Unspecified Fruit 132,400 132,40(Unspecified Timber 66,50C 66,50Unspecified Tree 77,290 77,29Unspecified Vegetable MA2 4,725 4,72c



Table 134C: Crop and Tree Replacement Rates for NH 48-3 (VND)

Item Unit Nghia Dan Quy HopDistrict District

Bamboo 5,300 5,300Banana 13,80( 13,80CBean MA2 30C 30CCorn MA2 4,899 4,89cPeanut MA2 360 36Rice MA2 11,993 11,995Shade Tree 40,00C 40,00CSugar Cane MA2 11,880 11,88CTea 5,000 5,00CUnspecified Crop MA2 11,113 11,11Unspecified Fruit 80,000 80,00Unspecified Timber 80,000 80,00C

Unspecified Tree # 80,000 80,00

Unspecified Vegetable MA2 1,050 1,05(

13.2.5 Fixed Assets

The replacement rates for fixed assets are presented in Tables 13-5A, 13-5B, and13-5C. These rates are based on the weighted average replacement costs reported inthe independent market survey for each type of fixed asset. Replacement ratesprovided by the Nghe An PDOT are utilized to address any gaps in the coverage ofthe market survey with respect to specific types of fixed assets.

Table 13-5A: Fixed Asset Replacement Rates for NH 48-1 (VND)

Item Material / Unit Nghi Loc Cua LoDescriptor District Town

Ditch M 20,000 -

Fence Constructed M - 150,00CFence Brick M - 161,10CFoundation Stone MA3 - 1,000,00C

ate - 200,00Ciosk MA2 - 400,00Cuthouse MA2 311,20Cond MA2 3,600 -

Roof Fibro MA2 - 35,00CRoof Tin MA2 - 174,00CWatertank Concrete - 300,00CWell Pump - 400,00C

Well Dig - 237,40C

Yard Fement MA2 - 46,00CYard Brick MA2 - 91,50C



Table 13-5B: Fixed Asset Replacement Rates for NH 48-2 (VND)

Item Material/ Unit Dien Chau Quynh LuuDescriptor District District

Box culvert # 40,000 40,000ridge # 2,000,000 2,000,000attle cage MA2 500,000 500,000oncrete MA3 600,000 600,000ulvert _ # 80,000 80,000

Ditch M 40,000 40,000Ditch oncrete M 70,400 70,400Embankment tone MA3 180,000 180,000Fence onstructed M 10,000 10,000Floor Macadam MA2 50,000 50,000Floor Earth MA2 30,000 30,000Foundation MA3 180,000 180,000Gate Constructed 200,000 200,000Kiosk MA2 300,000 300,000Kitchen MA2 590,000 590,000Loi2 # 50,000 50,000Patio Fibro MA2 130,000 130,000Pond MA2 3,600 3,600Wall Constructed MA2 117,400 117,400Well _ 390,000 390,000Yard Cement MA2 45,400 45,400

2 An English translation could not be provided for this item. The Nghe An PDOT providedits replacement cost.



Table 13-5C: Fixed Asset Replacement Rates for NH 48-3 (VND)

Item Material/ Unit Nghia Dan Quy HopDescriptor District District

Concrete MA3 600,000 600,000Culvert # 40,000 40,000Culvert Slab # 490,000 490,000Ditch M 50,000 50,000Door Iron 500,000 500,000Fence Constructed M 71,100 71,10CFence Wire M 45,000 45,000Foundation MA3 300,000 300,000Gate Constructed 200,000 200,000Kiosk MA2 300,000 300,000Patio Tin-roof MA2 130,000 130,000Pond MA2 3,600 3,600Wall Constructed MA2 103,300 103,300Watertank Cement # 300,000 300,000Well 900,000 900,000Yard Cement MA2 32,900 32,900Yard Brick MA2 60,000 60,000Yard Plastic MA2 100,000 100,000

13.2.6 Business Allowances

Calculation of business allowances is based on the income information provided byDP business operators in the DMS. The average six-month income of project-affectedbusinesses is:

6,000,000 VND along NH 48-1 and 3; and6,529,410 VND along NH 48-2.

13.2.7 ResettlementAllowances and Income Rehabilitation Assistance

Other allowances include transport and transition allowances for DPs needing torelocate.

Transport allowance: 1,000,000 VND/DP householdTransition allowance: 30 kg rice x person x 6 mo.

Income rehabilitation assistance as has been budgeted at the following rate:

Income rehabilitation assistance: 1,100,000 VND/DP household


Socialist Republic of Vietnam -Network Improvement Project

13.3 Summary Budget

Tables 13-6A, 13-6B, and 13-6C present a summary of the budgets required for theimplementation of the RAP for each of the sub-sections of the NH 48 sub-project.Table 13-6D presents a summary of the total RAP budget for NH 48.

Table 13-6A: Summary Budget for NH 48-1

TOTAL VND TOTAL US$A. Compensation and Rehabilitation 13,558,572,034 886,1811. Agricultural Land 727,174,620 47,522. Residential Land 9,399,040,000 614,3163. Houses and Structures 2,251,971,880 147,1884. Rental Allowances 355,500,000 23,2355. Crops and Trees 192,140,754 12,5586. Fixed Assets 407,144,78 26,6117. Business Allowances 54,000,00 3,529B. Relocation Allowances 171,600,00 11,216B. Administrative Costs (5%) 677,928,60 44,309C. Monitoring and Evaluation (5%) 677,928,602 44,309TOTAL (A + B + C) 14,914,429,237 974,799D. Contingency (15%) 2,237,164,386 146,22GRAND TOTAL (A + B + C + D) 17,151,593,623 1,121,019APPROXIMATION 17,151,594,000 1,121,0

Table 13-6B: Summary Budget for NH 48-2

TOTAL VND TOTAL US$A. Compensation and rehabilitation 26,568,851,698 1,736,5261. Agricultural land 6,536,487,750 427,2212. Residential land 11,890,703,71 777,1703. Houses and other structures 1,487,390,00 97,2154. Rental allowances 92,421,00 6,0415 Crops and trees 4,662,651,39 304,7486 Fixed assets 1,386,697,900 90,6347 Business allowances 221,999,940 14,510B Relocation allowances 290,500,000 18,987

B. Administrative Costs (5%) 1,328,442,581 86,826C. Monitoring and Evaluation (5%) 1,328,442,585 86,826TOTAL (A + B + C) 29,225,736,868 1,910,179D. Contingency (15%) 4,383,860,53 286,527GRAND TOTAL (A + B + C + D) 33,609,597,39 2,196,706

PPROXIMATION 33,609,598,0 2,197,000



Table 13-6C: Summary Budget for NH 48-3

TOTAL VND TOTAL US$A. Compensation and rehabilitation 9,455,177,83; 617,9851. Agricultural land 453,176,10C 29,6192. Residential land 1,905,020,00 124,5113. Houses and other structures 466,910,00 30,5174. Rental allowances 4,500,00 2945. Crops and trees 4,413,705,94 288,4786. Fixed assets 2,139,265,79 139,8217. Business allowances 42,000,00C 2,7458 Rehabilitation allowances 30,600,00 2,00B Administrative Costs (5%) 472,758,892 30,899C Monitoring and Evaluation (5%) 472,758,892 30,899OTAL (A + B + C) 10,400,695,621 679,784

D. Contingency (15%) 1,560,104,343 101,968GRAND TOTAL (A + B + C + D) 11,960,799,964 781,752APPROXIMATION 11,960,800,000 782,000

Table 13-6D: Summary Budget for NH 48 (All Sections)

NH 48-1 NH 48-2 NH 48-3 TotalA. Compensation & Rehabilitation 886,181 1,736,526 617,985 3,240,6931. Agricultural Land 47,528 427,221 29,619 504,3692. Residential Land 614,316 777,170 124,511 1,515,9983. Houses and Structures 147,188 97,215 30,517 274,9204. Rental Allowances 23,235 6,041 294 29,5705 Crops and Trees 12,558 304,748 288,478 605,7846 Fixed Assets 26,611 90,634 139,821 257,0667 Business Allowances 3,529 14,51 2,745 20,7848 Relocation Allowances 11,216 18,98i 2,00C 32,203B Administrative Costs (5%) 44,30 86,82( 30,899 162,035

C. Monitoring and Evaluation (5%) 44,30 86,82( 30,899 162,035TOTAL (A + B + C) 974,79c 1,910,17S 679,784 3,564,762D. Contingency (15%) 146,22( 286,52 101,968 534,714GRAND TOTAL (A + B + C + D) 1,121,01' 2,196,70 781,752 4,099,477APPROXIMATION 1,121,001 2,197,00 782,000 4,100,000



14 IMPLEMENTATION ARRANGEMENTS

Implementation of the RAP for NH48 will occur over a period of six (6) months,starting from GOV approval of the RAP, as detailed in Figure 14.1 on the next page.Implementation of income rehabilitation assistance programs will continue for sometime afterward, depending on the scale and nature of these programs as identified bythe eligible DPs. Based on the information available in July 2003, it is expected thatcivil works will start in June 2004, which would mean that resettlement activitieswould have to be initiated in January 2004. Specific actions required are describedbelow.

14.1 Approval of the Resettlement Action Plan

Once a loan agreement is signed between the GOV and World Bank, the PrimeMinister's Office in Vietnam will issue an official Decision on the approval of theNIP. The decision will include name of project, objectives, timeframe, scope, budgetand institutional arrangements. The decision will name the relevant governmentagencies and institutions responsible for supporting and co-ordinating with theproject at central and local levels.

PMU-18 will forward copies of the Decision to Nghe An PPC and DPCs of DienChau, Quynh Luu, Nghia Dan, Quy Hop and Nghi Loc. The Decision will provideNghe An PPC with the legal authority to establish provincial and districtCompensation Committees, as well as carry out other activities relevant toimplementation of the NIP.

14.2 Establishment of Compensation Committee

Upon receiving the Decision, Nghe An PPC will issue an official Letter of Instructionfor establishment of Compensation Committees at the provincial level and forrelevant districts. The letter will name and assign each relevant person andoffice/department to support the function and operations of the PCC and DCC, asoutlined in Chapter 6.

Nghe An PPC will also issue an official information letter to inform DPs about theareas of land to be acquired for the NIP, as well as other official letters necessary atthe provincial level.



Figure 14.1: Implementation ScheduleActivity Unit Mnth I Month 2 Month 3 Month 4 Month Month 6

1 2 3 4 1 2 3 4 123 4 1 2 34 12 3 4 1 2341. Approval of RAP GoV

2. Establishment of PCC and PCCDCCs

3. Training of PCC PMU18/WB

4. Re-adjustment of DMS PMU18/PCC

5. Establishment of compensation PCC/CPCrates*

6. Public Information Campaign(P2)

-Act.1 Info dissemination PCC-Act.2 Public meetings PCC/DCC-Act.3 Comp. agreement PCC/DCC-Act.4 Info on1 comp. payment PCC/DCC7. Planniing for Resettlement and PCC/DCCIncome Rehab. Assistance8. Approval of CompensationPlan

-Approval and deliberation MOT-Arrangement of bank transfers PMU189. Payment of compensation & State Tresuaryother entitlements PMU 18/PCC

10. implementation of income PCC/DCCrehabilitation assitance I For approx. 6 months...11. Clearance of Corridor of PAP/PMU18Impact

12. Monitoring and evaluation _ 7773- Internal monitoring PMU18/PCC

External monitoring Independent- External evaluation lIndependent I I I I I I I I 1 16-12 months after completion of all resettlement activities |

Required only if implementation is delayed beyond March 2004 (i.e., 9 months after initial market survey)



14.3 Training of Resettlement Committee

With assistance from the World Bank, PMU 18 will organize a training course for thePCC, including the Heads of DCCs. The training course will cover:

* Project overview and institutional arrangements* Principles and objectives of World Bank guidelines* Compensation and entitlement policy for the NIP* Establishing compensation price lists at "replacement value"* Preparing the Compensation Plan* Implementing Phase 2 of Public Information Campaign* Procedures and timeframes for payment of compensation and other entitlements* Procedures and timeframes for land clearance and re-organization on existing

lands* Procedures and timeframes for relocation* Monitoring and evaluation* Lessons learned and experiences from previous World Bank resettlement projects

Subsequent training sessions for the rest of the DCC and CPCs will be held at theDistrict level as part of Phase 2 of the Public Information Campaign, as described inChapter 7 and below.

14.4 Potential Re-Adjustment of DMS

The DMS, which provided the data for the current document, was based on the NIProad designs prepared by the DOTs in each province. However, PMU 18 willprepare the final road design for the NIP, with technical assistance from the LouisBerger Group, Inc. The new design may include adjustments in the Corridor ofImpact for certain segments of the roads and, consequently, altercations in impactson DPs. For this reason, PMU 18 and the relevant Compensation Committees may berequired to re-measure affected lands and property for these segments and make thenecessary adjustments in the DP inventories from the original DMS.

Typically, around 20% of the final design is adjusted in road projects of this nature,which would amount to about 530 households in Nghe An province, but the exactnumber of households and areas requiring re-measurement will need to bedetermined upon finalization of the road design.

14.5 Establishment of Detailed Compensation Rates

According to the Policy Framework, compensation rates reflect "replacement value,"based on current market prices and government price lists issued by the PPC andDPCs. Current market prices are determined according to market surveys conductedin each district, which are then compared with government price lists. The highestprice between them determines the final compensation rate.



An independent market survey was conducted in July 2003 in all the affecteddistricts of Nghe An province, and compensation prices were established accordingto the methods just described (presented in Chapter 13). If the sub-project isimplemented within 9 months (i.e., by March 2004), then these price lists will beapplied. However, if implementation is delayed beyond this timeframe, thenindependent market surveys will be conducted again to update compensation ratesaccording to current market value.

To avoid complaints among communes, compensation prices will be made uniformwithin one District over urban and rural areas. Final prices will include:

* For households and structures: costs of dismantling and re-building the structure,including fees for materials, labour, management and taxes (a repair allowance isavailable for reparation of partially affected structures);

* For tombs and graves: all costs related to exhumation, movement and restorationto original state;

* For annual crops: costs based on average yield over past 3 years; and* For trees: total investment costs of seedling and production costs, beginning from

the time of its planting until expropriation; or prices will be based on type, ageand productive value, as appropriate.

14.6 Public Information Campaign (Phase 2)

Phase 2 of the Public Information Campaign will begin after adjustments in the DMShave been finalized and compensation price lists have been issued, except forActivity 1 which will begin before. The following activities will be carried out (formore detail, see Chapter 7):

Activity 1. Information dissemination and training. The PCC will disseminateinformation to DCC and CPCs to inform them about public meetingsand other consultations with DPs, as well as train them on basicpolicies and procedures for the RAP.

Activity 2. Public meetings. The PCC will convene public meetings in each districtwith all DPs, or representatives in their steed, to inform them aboutthe principles and policies for compensation, other rehabilitationmeasures and other aspects of the RAP.

Activity 3. Compensation agreement. The PCC will distribute to and co-sign witheach DP their individual Agreement Compensation Form. The ACFmay be distributed at the public meetings or through individualhousehold meetings, as required.

Activity 4. Information on compensation payments. The PCC will distribute lettersto all DPs informing them of the time, location and procedure forcompensation payments.



14.7 Planning for Resettlement and Income Rehabilitation Assistance

At the present stage, group relocation is not foreseen. However, consultations andresettlement planning activities initiated during preparation of the RAP will continueupon reconfirmation of options selected by DPs.

If group relocation were to become necessary, the PCC and DCCs would furtherconsult with DPs to identify a preferred resettlement site and plan for itsdevelopment. Development of the resettlement site would ensure land of equalproductive value and acceptable to the DPs, and similar or improved access to safewater, electricity, roads, markets, government services and other basic necessities.

DPs eligible for income rehabilitation assistance will be also consulted on theirpreferences for type of assistance. Income rehabilitation assistance will be providedin kind to DPs (based on the 1,100,000 VND budgeted for each eligible DP). Theexact nature of the assistance will vary depending on the needs, interests andcapacities of the specific DPs, as well as on conditions of the local context, such asland situation, market opportunities, technological level, and so on. They couldinclude such activities as occupational training, provision of new seed varieties andother suitable measures. The duration of these programs will also depend on thenature of the activity, but normally they should not exceed 6 months.

14.8 Preparation and Approval of Compensation Plan

PMU 18 will be responsible for finalization of the Compensation Plan, incollaboration with the PCC. PMU 18 will submit the finalized Compensation Plan tothe Quality Management Control Bureau of the MOT for approval. Once approved,PMU 18 will make a request to the State Treasury for a release of funds and makenecessary arrangements for bank transfers.

14.9 Payment of Compensation and Other Entitlements of DPs

Payment of compensation and allowances will be made in full to DPs at least one (1)month prior to the start date for road construction works. The State Treasury will beresponsible for disbursement of payments directly to DPs. PCCs will make known toDPs by way of letter the appropriate time and location of these payments (see above).DPs unable to attend at this time should make alternative arrangements through thePCC on a case-by-case basis. As stated in the Policy Framework, no DP will beevicted or forcibly removed from premises unless a secured place of residence hasbeen ensured.

14.10 Provision of Income Rehabilitation Assistance

Programs for delivering income rehabilitation assistance will begin at the same timeas Resettlement implementation. The programs will be delivered through therelevant district and commune level offices, such as the Agricultural Extension



Office. PCC will co-ordinate with DCCs to consult with DPs to re-confirm theirinterests in the activities specified in the Compensation Plan or make adjustments, asappropriate. Thereafter, the PCC and DCCs will ensure that DPs are adequatelyinformed about the time and location in the delivery of each activity and that theoverall programs are delivered effectively.

Income rehabilitation assistance programs will be monitored throughout theirimplementation and then evaluated by an independent agency after their completionto verify that they have achieved the policy objective.

14.11 Clearance of the Corridor of Impact

DPs will have at least one (1) month to dismantle their structures and/or relocate,starting from the date of the compensation payment. DPs will be required todismantle their own structures -the costs of which will have been calculated in thecompensation prices-but PMU 18 may grant assistance for households or areas withparticularly large structures.

During this time, DPs will also be responsible for making the appropriatearrangements to re-organize themselves on their remaining lands. As stated in theentitlement policy, DPs temporarily affected by loss of houses will be provided witha rental allowance for six (6) months.

14.12 Monitoring and Evaluation

Internal monitoring will be in effect from the inception of the NH48 Sub-project to itsconclusion. In addition to regular supervising of PCCs and DCCs, PMU 18 willprepare regular quarterly RAP Status Implementation Reports.

PMU 18 will be responsible for contracting an independent agency for externalmonitoring within one (1) month of inception of the NIP. The independent agencyshould be an academic or research institution, a non-governmental organization(NGO) or an independent consulting firm, all with qualified and experienced staff.External monitoring activities will begin at the same time as resettlementimplementation and continue on a quarterly basis throughout payment ofcompensation, individual and group relocation of DPs, and implementation ofincome rehabilitation assistance programs. A final evaluation will be conducted 6-12months after all of these activities have been completed.

The requirements for both internal and external monitoring and evaluation areoutlined in more detail in Chapter 9.


Documents

Socialist Republic of Vietnam Road Network Improvement Project · September 2003 Public Disclosure Authorized Public Disclosure Authorized ... (DPs) within the Corridor of Impact