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UNIVERSITY OF DANANG WORLD BANK

RESETTLEMENT ACTION PLAN


(First draft)
VIETNAM NATIONAL UNIVERSITIES DEVELOPMENT PROJECT,
UNIVERSITY OF DANANG SUBPROJECT

Danang, 2020
TABLE OF CONTENTS

PART 1: GENERAL INFORMATION...................................................................................... 12


1.1. Project description ........................................................................................................ 12
1.1.1. Project’s overview ................................................................................................. 12
1.1.2. University of Danang subproject ............................................................................. 12
1.1.3. Due diligent review ............................................................................................... 15
PART 2: SCOPE OF LAND ACQUISITION ............................................................................. 17
2.1. Number of affected households .......................................................................................... 17
2.2. Impact on land ................................................................................................................. 17
2.3 Affected house/structure and other on-land assets .................................................................. 18
2.4. Affected crops and trees .................................................................................................... 18
2.5. Affected public assets ....................................................................................................... 19
2.6. Affected historical relics, cultural and religious structures and works. ..................................... 19
2.7 Affected grave .................................................................................................................. 19
2.8 Mitigation measures .......................................................................................................... 19
PART 3: SOCIO-ECONOMIC INFORMATION OF AFFECTED HOUSEHOLDS ................... 22
3.1. Socio-economic survey’s objectives and survey method ........................................................ 22
3.1.1. Objectives ................................................................................................................. 22
3.1.2 Scope of the survey ..................................................................................................... 22
3.1.3 Survey method ............................................................................................................ 22
3.2. Socio-economic condition of Ngu Hanh Son district ............................................................. 24
3.2.1. Natural conditions ...................................................................................................... 24
3.2.2. Socio-economic condition of the affected households ..................................................... 26
3.3 Social risks related to labor influx and Gender base violence .................................................. 33
PART 4: LEGAL FRAMEWORK AND POLICY FOR COMPENSATION, ASSISTANCE AND RESETTLEMENT UNDER THE PROJECT
................................................................................................................................................ 36
4.1. World Bank’s Involuntary Resettlement Policy (OP4.12) ...................................................... 36
4.1.1. Objectives of the policy. ............................................................................................. 36
4.1.2. Implementation principles ........................................................................................... 36
4.2. Legal framework on land acquisition, compensation, support and resettlement of Vietnam ........ 36
4.3. Discrepancies between WB’s safeguard policies and GoV’s laws, regulations, policies and measures proposed for the project. 38
4.4. Cut off date...................................................................................................................... 41
PART 5: PROJECT POLICIES ON COMPENSATION, ASSISTANCE AND RESETTLEMENT42
5.1. Eligibility ........................................................................................................................ 42
5.2. Resettlement priciples of the project ................................................................................... 42
5.3. Compensation, assistance and resettlement policies .............................................................. 43
5.3.1. Compensation policy .................................................................................................. 43

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5.3.2. Support policy ........................................................................................................... 45
5.3.2.7. Support for self-relocated households ........................................................................ 49
5.4. Incentive bonus for handing over land on time. ................................................................ 49
PART 6. INCOME RESTORATION PROGRAM ..................................................................... 61
6.1. Objective ......................................................................................................................... 61
6.2. Target participants of the program ...................................................................................... 61
6.3. Results of the survey on people’s demand for income restoration ........................................... 61
6.4. Activities of the program ................................................................................................... 63
6.4.1. Establishment of a savings and loan team using the National employment fund ................. 63
6.4.2. Support for access to loans for business operation ......................................................... 64
6.4.3. Support for vocational training .................................................................................... 64
6.4.4. Provision of information and job placement .................................................................. 65
6.5. Budget for program implementation................................................................................... 65
6.6. Implementation plan ......................................................................................................... 65
6.7. Monitoring and evaluation ................................................................................................. 66
PART 7: RESETTLEMENT ..................................................................................................... 67
7.1. Principle for selection of resettlement site ............................................................................ 67
7.2. Development of the resettlement site................................................................................... 67
7.2.1. Location and demand for resettlement .......................................................................... 67
7.2.3. Construction of Resettlement site ................................................................................. 67
7.2.4. Cost for construction of the Resettlement site ................................................................ 67
7.2.5. Issuance of land use right certificate ............................................................................. 67
7.2.6. Environmental issues when constructing resettlement site ............................................... 68
PART 8: INFORMATION DISSEMINATION, PUBLIC CONSULTATION AND PARTICIPATION 69
8.1. Objectives of information dissermination and public consultation........................................... 69
8.2.1. Public consultation during project preparation.............................................................. 69
8.2.2. Public consultation mechanism during project implementation stage ................................ 70
8.2.3. Information dissemination........................................................................................... 70
PART 9 – GRIEVANCE REDRESS MECHANISM .................................................................. 72
PART 10: INSTITUTIONAL RESPONSIBILITY.................................................................. 74
PART 11: IMPLEMENTATION PLAN .................................................................................... 76
PART 12: COST ESTIMATE ................................................................................................... 77
13.1. Quick survey on replacement cost ..................................................................................... 77
13.2. Cost estimate and source of fund ...................................................................................... 77
PART 13: MONITORING AND EVALUATION ....................................................................... 78
13.1 Monitoring .................................................................................................................... 78
13.1.1 Internal monitoring .................................................................................................. 78
13.1.2 Independent monitoring and evaluation ...................................................................... 79

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13.2 Evaluation..................................................................................................................... 79

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LIST OF TABLES
Table 1: List of construction work items under this subproject .................................................................................. 13
Table 2: Classification of affected households ........................................................................................................... 17
Table 3: Scope of impact on land ............................................................................................................................... 17
Table 4: Affected structures........................................................................................................................................ 18
Table 5: Affected crops and trees ............................................................................................................................... 18
Table 6: Sample structure ........................................................................................................................................... 22
Table 7: Qualitative survey ......................................................................................................................................... 23
Table 8: Population size and density in Ngu Hanh Son district in 2018 ..................................................................... 24
Table 9: Numbers of poor HHs in wards of Ngu Hanh Son by years ......................................................................... 24
Table 10: Educational level of surveyed people và các thành viên ............................................................................ 28
Table 11: Income sources of affected HHs/month ..................................................................................................... 29
Table 12: HH’s participation in socio-economic organizations .................................................................................. 32
Table 13: Estimated number of workers ..................................................................................................................... 33
Table 14: Proposed measures ..................................................................................................................................... 34
Table 15: Differences between GOV’s policies and WB’s policies on compensation, assistance and resettlement and proposed measures to be applied for this project
.................................................................................................................................................................................... 39
Table 16: Project’s entitlement matrix........................................................................................................................ 50
Table 17: Labor structure in gender and age .............................................................................................................. 61
Table 18: Occupational structure by age .................................................................................................................... 62
Table 19: People’s interest in options for income restoration .................................................................................... 62
Table 20: Stakeholders, roles and responsibilities: ..................................................................................................... 63
Table 21: Cost estimate for program implementation ................................................ Error! Bookmark not defined.
Table 22: Environmental issues in the areas ............................................................................................................... 68
Table 23: Implementation plan ................................................................................................................................... 76
Table 24: Results of survey on residential land unit price .......................................................................................... 77
Table 25: Cost estimate for implementation ............................................................................................................... 77

LIST OF FIGURES
Figure 1: Demorgraphic characteristics (unit: 100%) ................................................................................................. 27
Figure 2: Structure of age of project’s affected people ............................................................................................... 28
Figure 3: Main occupation of the surveyed HHs (unit: %) ......................................................................................... 29
Figure 4: Type of houses ............................................................................................................................................ 30
Figure 5: People’s healthcare (Unit: 100%)................................................................................................................ 31

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ABBREVIATIONS
AP Affected people
AH Affected household
CSCC Compensation and Site Clearance Committee
Compensation, Assistance and Resettlement
CARC
Committee
DARD Department of Agriculture and Rurcal development
EM Ethnic Minority
IDA International Development Association
IMA Independent Monitoring Agency
IOL Inventory of Losses
LFDC Land fund development center
LURC Land Use right Certificate
Ministry/Department of Labor, Invalids and Social
M/DoLISA
Affairs
MONRE Minstry of Natural Resources and Environment
NGO Non-Governmental organization
PC People’s committee
PMU Project Management Unit
PAPs Project’s Affected people
RAP Resettlement Action plan
SS Secondary school
USD US dollar
VND Viet Nam dongs
WB World Bank

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DEFINITION OF TERMS

Project affected person Individuals, households, organizations who are directly affected
(PAP) socially and economically by the project’s land acquisition and/or
involuntary restriction in exploitation of land, leading to (i) relocation
or loss of shelter); (ii) loss of assets or access to assets; or (iii) loss of
income sources, or means of livelihood though the affected person is
not relocated. In addition, the PAP is also those who have involuntary
limit access to the prescribed areas and protected areas resulting to
adverse impact on their livelihood.
When the family includes many couples or generations living under the
same roof, the affected person will be all members of the family and
each couple eligible to form a separate household in accordance with
prescribed regulation will be considered as an affected household.

Associated Facilities Activities, regardless of the source of financing, resulting in involuntary


resettlement, that in the judgment of the Bank, are
(a) directly and significantly related to the Bank-assisted 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.

Census Census of all affected people will include key socio-economic


information of the project affected persons (PAPs), such as main
occupations, sources of income, and levels of income in order to be
able to determine vulnerable households as well as to establish baseline
data for monitoring of livelihood restoration of the PAPs.

Inventory of losses is a process where all land, structures, trees, assets to be temporarily or
(IOL) permanently acquired for the project implementation are identified,
measured, their owners identified, their exact location pinpointed, and
their replacement costs determined. Additionally, the severity of
impact to the affected assets and the severity of impact to the livelihood
and productive capacity of displaced households will be determined.

Cut-off date The date of land acquisition announcement to affected


households made by district PC. Project affected households
and local communities will be informed of the cut-off date for
the project, and that anyone moving into and/or asset created in
the Project Area after the cut-off date will not be entitled to
compensation and assistance under the Project.

Livelihood A set of economic activities performed by individuals,

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households and communities for earning their living, including
waged employment, agricultural production, aquacultural
production, farming and other economic activities based on
natural resources, small business, goods exchange.

Replacement cost is the method of valuation of assets that helps determine the amount
sufficient to replace lost assets and cover transaction costs. If there is a
corresponding market price, the replacement cost will be the market
price determined through an independent, qualified real estate
valuation unit, plus transaction costs. If there is no corresponding
market price, the replacement cost will be determined through various
methods such as calculating the output value of land or productive
assets, or the price of material, labors (without taking into account the
depreciation) for construction or formation of that work, or other fixed
assets plus transaction costs. In all cases if physical relocation results in
the loss of shelter of an affected person, the replacement cost must be
at least sufficient for the affected person to purchase or build a house at
the minimum acceptable quality and safety standards. The valuation
method in determining replacement cost should be synthesized and
included in relevant resettlement plan documents. Transaction costs
include administrative fees, registration fees, fee for determination of
entitlements, reasonable relocation costs, and similar costs incurred by
affected people. To ensure compensation at replacement cost, the
expected compensation rates must be updated in the project areas with
high inflation or where there is prolong time from calculation of
compensation and payment of compensation.

Involuntary Resettlement ` Involuntary resettlement refers both to physical displacement


(relocation or loss of shelter) and to economic displacement
(loss of assets or access to assets that leads to loss of income
sources or other means of livelihood) as a result of project-
related land acquisition and/or restrictions on land use.
Resettlement is considered involuntary when affected persons
or communities do not have the right to refuse land acquisition
or restrictions on land use that result in physical or economic
displacement.
This occurs in cases of (i) lawful expropriation or temporary
or permanent restrictions on land use and (ii) negotiated
settlements in which the buyer can resort to expropriation or
impose legal restrictions on land use if negotiations with the
seller fail.

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Severely affected who lose 20% (10% for the vulnerable and poor households) or more
households of their productive land and asset (income source) and/or (ii) relocated
as a result of the project

Stakeholders Any and all individuals, groups, organizations, and institutions


that are interested in the project, are likely to be affected by
the project, or may affect the project.

Vulnerable groups Those who might, due to characteristic of gender, ethnicity, age or
physical or mental defects, economic or social position disadvanage,
suffer disproportionately from adverse impacts of the project’s
resettlement and/or be less able to access the project benefits and asset
compensation, when compared to the rest of the PAPs, including: (i)
female headed households with dependents (single, widow, disabled
husband); (ii) people with disability, lonely elderly; (iii) the poor
under MOLISA standard; (iv) non-land people; (v) ethnic minority
people; and social policy families

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EXECUTIVE SUMMARY
Introduction
The resettlement action plan (RAP) is prepared for the University of Danang Subproject under the Vietnam National Universities
Development Project. The subproject consists of 03 components including: (i) Component 1: Enhancement in teaching quality; (ii)
Component 2: Excellence in Science research and technology transfer in selected fields; and (iii) Component 3: Technical assistance and
project implementation support. For implementation of the subproject, about 40 hectares of land will be acquired for construction of work
items proposed by University of Danang. However, this area is within an area of 70ha not cleared so that the university decided to acquire
all 70ha in which 40ha is used for the Bank financed subproject and 30ha will be use for the future project. A resettlement site of 12ha needs
to be constructed for relocated households of the subproject financed and ownered by Da Nang city in a separate project. The resettlement
site is considered as an associated facility with the UD subproject. Therefore, this RAP will cover the UD subproject and resettlement site.
This resettlement plan includes results of the preliminary inventory of loss, socio-economic survey, entitlement of the affected people and
assessment on project positive and negative effects. The plan also refers to resettlement options, livelihood restoration program,
consultations and participation of stakeholders, grievance redress mechanism, and implementation of the resettlement plan, monitoring and
evaluation of the implementation of resettlement planas well as cost for implementation of the RAP.
Scope of land acquisition and site clearance
Total 70ha of land of all kinds needs to be acquired of which 26.9ha are urban residential land, 14.1ha are non-agricultural land, 1.2ha are
land for perennial crops, and 10.9ha are land for annual crop (including 6.9 of rice land). The remaining area is land of transportation,
irrigation, cemetery and other purposes. There are 468 severely affected households due to loss of productive land and residential land, 64
vulnerable households, 468 displaced households and 84 affected business households. No ethnic minority community is affected by the
project. For resettlement site, please see item 1.1.3 for details.
Mitigation measures
During the preparation of the project, Consultant worked with stakeholders and affected households in meetings, surveys and public
consultation to find out measures to mitigate negative impacts from the project, increase investment efficiency and minimize land
acquisition. Mitigation measures which have been implemented include consultation for preparation of the resettlement action plan,
including preparation of income restoration program to provide fully support for required households. In addition, consultations on methods
for relocation of special houses and structures like ancestral house, graves and religious facilities…have also been conducted thoroughly to
ensure public concensus and compliance. Mitigation measures for design and implementation stage were recommended and will be
implemented and monitored.
Policy framework
Resettlement policy framework for the subproject is based on the World Bank’s Operation Policy (OP.4.12) on involuntary resettlement
and the laws and regulations of the GOV on compensation, support and resettlement when the State recovers land.
The main objective of this RAP is to establish a plan for provision of compensation and assistance for affected households based on the
principles of full replacement cost. Affected households will be provided with various types of assistance for life subsistence and livelihood
restoration.
Income restoration program
The project’s policy aims to help affected people stabilize their lives and restore their income and livelihood at least equal or higher than
pre-project level. The income restoration program will be provided for 468 eligible affected households based on survey on assistance
demand, with proposed activities including (i) forming savings and loan programs from the national employment fund; (ii) credit supporting
program for business activities; (iii) vocational training; and (iv) job placement support. In addition, willing households will be instructed
for business registration free of charge and in a quick manner.

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Institutional arrangement
Project Management Unit and the City’s resettlement committee will be responsible for managing and implementating the Resettlement
Action Plan. During the project implementation, there will be close connection among related agencies including Resettlement Committee,
PMU, ward/commune PC and affected people and resettlement specialists.
Implementation plan
Resettlement Action plan wil be implemented in connection with the construction work schedule of the project. Affected households will
get full compensation and allowance before site clearance.
Public consultation and participation
Local government, people and affected households will be consulted via public meetings. Socio-economic survey and inventory of loss was
done for affected households. Obtained results during the public consultation have been presented in the resettlement action plan and will
be updated for the implementation process. Consulation will be continued during the project implementation
Monitoring and evaluation
The Project Management Unit (PMU) is responsible for conducting internal monitoring of the implementation of the RAP. In addition, the
PMU will hire an external monitoring agency (EMA) to undertake independent monitoring of the process of RAP implementation and to
assess changes in living standard of the affected people during and after the completion of the resettlement.
Grievance redress mechanism
All affected people can make their complaints and querries on their entitlements detailed in this Resettlement Action plan. One grievance
redress mechanism has been established to ensure all complaints will be resolved timely and reasonably. If the complainant does not agree
with the resolution, they can submit the complaint to the court whenever they wish. The complainant will not have to pay any costs relating
to the resolution of their complaints. The PMU will appoint one staff being in charge of monitoring and following up complaints and
grievance of APs until resolved.
Cost estimate for resettlement
Total estimated cost for implementation of this RAP is 1,221,758,842,871 VND. This includes cost for compensation of land, non-land assets
and crops/trees as well as cost for income restoration program, monitoring and evaluation. Cost for construction of resettlement site is not
included because it is included in a separate project. Resettlement cost will be updated at the time of compensation implementation. The
resettlelement cost will be taken from counterpart fund.

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PART 1: GENERAL INFORMATION

1.1. Project description

1.1.1. Project’s overview


1. The Government has begun to press stronger requirements for academic quality, transparency in governance and financial accountability.
The Law on Higher Education in 2012 requires universities to be responsible for: (a) Quality Assurance (QA), especially in the evaluation and
accreditation of academic programs and all member units as well as to preserve basic QA conditions on academic and non-academic people,
training curricula, facilities, and financial resources; (b) Publicize information about QA conditions, research, training results and status of
accreditation and (c) Publicize their financial practices and audit reports
2. The tertiary education quality assurance system includes internal, external quality assurance, and quality assurance agencies. So far, 75% of
universities have established internal quality assurance units. However, the external accreditation has not met the set-forth objectives due to
insufficient capacity and governance. Five (05) accreditation centers have been established but only a few organizations and a small portion of
programs are satisfactory for institutional and accreditational procedures. A number of leading universities including Vietnam National
University of Hanoi (VNU-HN), Vietnam National University of Ho Chi Minh City (VNU-HCMC) and University of Danang (UD) have
respectively been recognized by regional and international programs of the ASEAN QA Network and Specialized accreditation organizations
such as AACSB and ABET on business and technical management.
3. The Government has identified two national universities and a regional university to receive World Bank investment funding under the
Vietnam National Universities Development Project, including (i) VNU-HN, (ii) VNU-HCMC; and (iii) UD.
4. Project Development Objective(s) are: To improve the relevance and quality of the graduates and research products of Vietnam National
University-Hanoi, Vietnam National University-Ho Chi Minh City and the University of Da Nang (UD) and to improve their governance and
financing mechanisms.
5. The project includes three main components:
- Component 1: Research excellence in selected fields
- Component 2: Enhanced quality of teaching and learning
- Component 3: Effective governance and sustainable financing
6. Among three proposed universities, the University of Da Nang requires land acquisition for construction of infrastructure components and
resettlement site for relocated households. Other universities do not require land acquisition because the proposed infrastructure components
will be constructed within the existing campus. Therefore, this RAP is prepared and implemented for the University of Da Nang only.
7. Expected implementation duration of the project: 2020-2025
1.1.2. University of Danang subproject
1.1.2.1 Background of the University of Danang
8. UD is the national key training and scientific research center in the Central area and Western highland of Vietnam, which include 6 member
universities, 12 affiliated units, 3 research institutes, 35 research and technology transfer centers and 26 research teams. UD’s training programs
focus on economics, education, technology and state governance. With a strategic role and location, UD is authorized by Government of Vietnam
to be one of three leading training centers in Vietnam..
9. In 2016, Da Nang University became the first regional university of the country to be accredited externally. Especially, the University of
Science and Technology (one of its member universities) has been recognized by the High Council for Evaluation of Research and Higher
Education and two of the advanced programs accredited by AUN-QA. The University of Danang has had about 100 papers published in
ISI/SCOPUS journals annually over the past few years. Regarding internationalization, the University of Danang has implemented 6 joint
programs and signed a memorandum of understanding with 142 international universities in Japan, South Korea, United Kingdom, USA, Iceland,
Finland, etc. enable credit transfers, staff exchanges and collaborative research. UD enrolls a total of 51,000 students, of which about 3,360 are
enrolled in the Master's/PhD program. It operates under the supervision of the Ministry of Education and Training.
1.1.2.2 Objectives of the subproject
10. General objective:

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- Strongly and significantly improve the technical infrastructure and academic environment of UD, contribute to achieving the overall
development goal of UD which is: "Making UD become a training, scientific research and technology development center following
international standards to provide high quality human resources meeting requirements of each period of socio-economic development of
the country and the development level of new technologies in the world”.
11. Specific objectives:
- Complete the technical infrastructure, serving as a basis for deployment of the works of teaching, researching and transferring technology
of UD, create a premise for a world-class university in the Central area and western highlands. Contribute to help UD meet the criteria
for assessment of facilities for teaching, scientific research and technology transfer in the world’s university assessment and ranking;
- Improve the working environment of lecturers, researchers and living, studying and researching area of students under the model of a
smart, green, energy-saving and eco-friendly university;
- Improve the quality of training, scientific research and technology transfer to meet international standards and meet the requirements of
the industry 4.0;
- Contribute to achieving the goals of gender equality, support students in disadvantaged areas, students of ethnic minorities to access
advanced living, learning and research environment, meeting international standard.
12. Project’s investment scope:
Component 1: Enhanced quality of teaching and learning.
Component 2: Excellence in scientific research and technological transfer in key fields
Component 3: Technical assistance and project implementation support
13. Total investment, capital structure and on-lending mechanism.
Total investment: 119.50 million USD (equivalent to 2,808.189 billion Vietnamese dongs). Of which:
Capital structure: WB’s fund and counterpart fund from the State budget and non-business revenue of the UD.
- WB’s fund : 100 million USD, accounting for 83.68%.
- Counterpart fund: 19.50 million USD, accounting for 16.32%.
On-lending mechanism:
- For the WB’s fund (GoV allocates 90%, on-lends 10% to the UD).
- For the counterpart fund: State Budget and non-business revenue of the UD.
14. Expected implementation time of the project: 2020-2025
15. Components of the subproject: University of Danang subproject includes 3 components (see table 1 for details):
- Component 1: Enhancement of teaching quality by constructing for items: (i) University of Technical education, (ii) University of Foreign
language studies, (iii) International university and (iv) National defence training area.
- Component 2: Excellence in scientic research and technology transfer in selected fields by constructing for two items (i) Construction of
technical infrastructure (internal roads, water supply, drainage, electricity…) and (ii) Technopole area (belonging to the research,
development and incubation zone .
- Component 3: Effective governance on IT basis and model of advanced university (non-infrastructure)
16. Among three proposed components, components 1 and 2 require 40ha of land for construction of the proposed works. However, this area
locates within an area of 70ha reserved for the university but has not been cleared so that the university decided to clear all 70ha in which 40ha
is used for the Bank financed subproject and 30ha will be used for the future project. Therefore, this RAP covers 70ha and resettlement site of
12ha
Table 1: List of construction work items under this subproject

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Number
Number Total floor
No Description of Unit
of floor area
building

Component 1: Enhancement of
A
teaching quality (A1+A2+A3+A4)

A1 University of Technical education

m2
1 Office building (01 5-floor building) 1 5 8,500
floor

Academic building (02 5-floor building m2


2 2 5 30,000
blocks) floor

Workshops, practice room, labratory (01 m2


3 1 3 6,642
3-floor building block) floor

Auxiliary works (yard, internal roads,


4 landscapes, trees, garages, parking lots, Item
sub stations and other auxiliary items ...)

A2 University of Foreign language studies

Office building (01 5-floor building m2


5 1 5 10,500
blocks) floor

Academic building (01 5-floor building m2


6 1 5 7,500
blocks) floor

Auxiliary works (yard, internal roads,


7 landscapes, trees, garages, parking lots, Item
sub stations and other auxiliary items ...)

A3 International university

Office building (01 5-floor building m2


8 1 5 4,350
blocks) floor

Academic building và thực hành, thí m2


9 1 5 9,750
nghiệm (01 5-floor building blocks) floor

Auxiliary works (yard, internal roads,


10 landscapes, trees, garages, parking lots, Item
sub stations and other auxiliary items ...)

A4 National defence training area

Office building (01 5-floor building m2


11 0 5 0
blocks) floor

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Number
Number Total floor
No Description of Unit
of floor area
building

m2
12 Dormitory (03 5-floor building blocks) 3 5 11,340
floor

Academic building (01 5-floor building m2


13 1 5 9,750
blocks) floor

m2
14 Canteen (01 1-floor building) 1 1 3,413
floor

Auxiliary works (yard, internal roads,


15 landscapes, trees, garages, parking lots, Item
sub stations and other auxiliary items ...)

Component 2: Excellence in scientic


B research and technology transfer in
selected fields (B1+B2)

Construction of technical infrastructure


B1 (internal roads, water supply, drainage, Ha 49.0
electricity…)

Technopole area (belonging to the


B2 research, development and incubation
zone (16+17+18)

Office building (01 5-floor building Item


16 1 5 8,500
blocks)

Hi-tech laboratory building (4 blocks of Item


17 4 3 15,600
3-floor building

18 Wastewater treatment plant 1 1 m3 500

1.1.3. Associated facilities


17. A Resettlement site needs to be constructed to accommodate 468 relocated households due to losing residential land and houses. This
resettlement site is invested by Da Nang city as a separate project and in the judgment of the Bank it is considered as an associated facility because
it is:
- Directly and significantly related to the project; and
- Carried out, or planned to be carried out, contemporaneously with the project; and
- Necessary for the project to achieve objective
18. Scope and level of impact:
✓ Affected land area: 12ha
✓ Number of affected households: 102
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✓ Number of severely affected households: 58
✓ Number of relocated households: 28
✓ Number of vulnerable households: 7
19. Investor: People's Committee of Da Nang CityImplementation duration: 2020-2021
20. Estimated total investment: 15,000,000,000 VND

21. The Resettlement site is associated with the UD subproject, so the Bank’s safeguards policy shall apply and implementation of resettlement
for the resettlement site will be followed this RAP. The UD-PMU in combination with external monitoring agency will monitor the
implementation of resettlement of this site and include in semi-annual monitoring reports of the UD subproject to submit to the Bank.
1.1.4. Due diligent review
22. Within the University of Danang village area, University of Education and the Dormitory has been constructed and operated since 2016. The
site clearance, compensation, assistance and resettlement of this subproject was completed before 2014. Due diligent review on resettlement
implementation shows that compensation, assistance and resettlement have been implemented in accordance with requirements, laws and
regulations of the GoV. The affected households have had stable lives and improved livelihood. No complaint found so far.

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PART 2: SCOPE OF LAND ACQUISITION
23. Scope of land acquisition mentioned in this report includes the land area for construction of work intems of UD and for construction of the
resettlement site. The following impacts of land acquisition area determined through an initial inventory of losses which was based on the basic
design. Details of the impacts will be determined and updated in RAP after completion of detailed design and detailed measurement survey
(DMS).
2.1. Number of affected households
24. The subproject will affect a total of 468 households (AHs) of which 468 households will be relocated, 60 affected households are vulnerable
group (50 poor HHs, the remainings are households with heads as single women and social policy househsolds), 468 households are severely
affected by losing 20% of agricultural land, 88 affected households are businesses. No households of ethnic minorities live in the project area.
Table 2: Classification of affected households

No Type of HHs Number of HHs


Total affected HHs 468
1
2 Number of vulnerable HHs 60
3 Number of relocated HHs 468
4 Number of severely affected HHs 1 468
5 Number of business HHs 84
Source: Census and preliminary inventory of losses, 2019
2.2. Impact on land
25. The project will acquire about 70ha of land of all kinds. Of the total of affected land, 26.9ha are urban residential land, 14.1ha are non-
agricultural land, 1.2ha are land for perennial crops, and 11ha are annual crop land (including 6.9ha of rice land). The remaining area is
transportation land, irrigation, cemetery land and other land (see details in Table 3).
Table 3: Scope of impact on land

TT Type of land Area (ha)

1 Urban residential land


26.9
2 Other non-agricultural land
14.1
3 Land for annual crops
11.0
4 Land for perenial crops
1.2
5 Land for transportation development
3.5
6 Land for cementary
8.7
7 Unused vacant land
3.5

1
Severely affected households are those who lose more than 20% of agricultural land (10% for vulnerable households).
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TT Type of land Area (ha)

8 Land of religious establishments


0.4
9 Land of folk belief
0.4
10 Land for aquacultural production
0.017
11 Other agricultural land
0.11
12 Water surface
0.003
13 Land of cultural establishments
0.17
Total 70.0
Source: Preliminary inventory of losses, 2019
2.3 Affected house/structure and other on-land assets
26. There are 419 households losing their houses (in which 49 households have separated but are currently sharing the same shelter, raising total
468 relocated households). Total affected house area is 50,600 m2. The type of houses is mainly grade 3-4 houses because after the announcement
of the master plan in 1997, the whole situation of the houses did not change much because they were not granted new construction permits.
Table 4: Affected structures

Number of
Type of house HHs Area
For construction of UD village
House grade 3- 4 419 50,600
Other type 0 0
Total 419 50,600
Source: Preliminary inventory of losses, 2019
27. In addition, other anxiliary works and structures affected by land acquisition include:
- Ancillary works: 23,495m2
- Shops, factories: 1,460 m2
- Yard: 20,650m2
- Fence: 35,821m2
- Drilled well: 424 wells
- Electricity/water meter: 449 pieces
- Graves: 1500 graves
2.4. Affected crops and trees
28. The project will affect crops and trees of households such as fruit trees, ornamental plants, rice, vegetable and beans (refer to Table 4 for
details)
Table 5: Affected crops and trees

No Type of trees Quantity


I For construction of UD village
Fruit trees (coconuts, jackfruit, orange,
1 4,500
avocado, cashew)
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Dragon fruit, papaya, banana (fruited,
2 27,500
fruit-free, seedlings)
3 Ornamental plants trees 3,500
4 Flowering plant (m2) 5,000
5 Small garden trees 15,000
6 Big garden trees 4,500
7 Vegetable and bean (m2) 100,000
8 Rice (m2) 152,800
Source: Preliminary inventory of losses, 2019
2.5. Affected public assets
29. About 300m2 of hall of Hai An village will be relocated. In addition, 35,479 m2 of roads will be affected.
2.6. Affected historical relics, cultural and religious structures and works.
30. Within the project area, there are two works under management of religious and folk belief institutions namely Hai An Pagoda and
temple of Caodaism Khai Tay 2. According to information obtained from consultation with City leaders and local religious community, Hai
An Pagoda has planned to relocate and the pagoda and local community have accepted.
31. For the temple of Caodaism Khai Tay 2, according to the existing plan, the temple will only be affected during construction of the project
due to restriction in access especially on the full moon or the 1st day of the lunar month, during which the dust or behavior of workers can be a
concern for local people. However, if there is any other possible alternative, consultation with local people will be re-conducted before
commencement, then the RAP will be updated. Impacts and mitigation measures are detailed in section 2.8
2.7 Affected grave
32. The project will cause relocation of about 1,500 graves. The People's Committee of Da Nang City has prepared a plan to relocate all graves
in the city, including 1,500 graves in the UD village project, to Hoa Ninh Cemetery Park which has been built and under operation, 20km from
the city center. The affected households were consulted, and all agreed on relocation of these affected graves to the new cemetery of the city.
2.8 Legal status of land use of affected households
Census survey on affected households shows that about 100% of households have been granted land use right certificate (LURC). However,
many households had transferred their land to others without registration with local authorities. This results in name of current land owners
(purchasers) not reflected in the LURC but they have written transaction certificate signed by both sides. In these cases, affected household will
get full compensation for their affected land.
2.9 Mitigation measures
33. This is a project to build infrastructure, lecture halls and research centers, so the land acquisition is unavoidable. Therefore, measures to
minimize the impacts due to land acquisition should be applied.
2.9.1 Mitigation measures in the preparation phase
34. Extensive consultation and regular communication to the people: As the project has been delayed for a long time, the local government has
regularly communicated with local people about the project through community activities to limit the generation of assets such as houses or
other investments on planned land; minimize damage to people when the project is implemented.
35. Consultation on sensitive receptors: (i) Hai An Pagoda and Caodaism Khai Tay 2 temple; (ii) relocating graves and (iii) 02 Temple of
Families:
36. Hai An Pagoda:
- Consultations on relocation of the temple have been carried out during the first and second phase of the project so far. In 2013, the
representative of Hai An pagoda submitted an application to the People's Committee of Da Nang City for allotment of a land plot for the
pagoda in the new place.
- Local authorities coordinated with Hai An Pagoda to hold meetings to consult people about the location of the new temple.

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- On August 22, 2017, the Department of Construction submitted to the Da Nang City People's Committee an official letter No. 7355/SXD-
PTĐT on the results of selecting a new location for the pagoda, which was a basis for conducting the next steps for land arrangement for
the pagoda.
- On September 14, 2017, the People's Committee of Da Nang City issued notice No. 125/TB-UBND, announcing the new construction
site in the land adjacent to the East of Hoa Quy Industrial Sewing Factory, on the planned area for construction of the resettlement site
for this subproject. Land area is 2000m2.
- On November 3, 2018, Da Nang People's Committee approved master plan scaled 1/500 of Hai An pagoda area, Hoa Quy ward, Ngu
Hanh Son district, Da Nang city.
- On March 21, 2018, Hoa Quy ward People's Committee held a meeting to announce the planning of Hai An pagoda project.
- During preparation of RAP for the project using fund from the World Bank, the Consultant also consulted with representatives of Hai
An Pagoda and local people for relocation of the pagoda to the new place. Consultation shows that the pagoda representative and local
people agreed to relocate the pagoda to a new place to facilitate religious activities and the project implementation
37. Caodaism Khai Tay temple 2
- Similar consultations have been carried out on issue of the Caodaism Khai Tay 2 temple. However, due to the fact that people who come
to the temple for religious activities are from many nearby localities, so far, there has been no agreement made on the relocation of this
temple. Therefore, the current plan still proposes to keep existing status of the temple and there should be a design concept that ensure
harmony and access to this religious building. Specifically, the community should freely access to this temple for their religious activities.
At present, the UD village is designed to be an open space, so the design concept can totally meet this requirement. In addition, local
people should be able to access to the temple during construction process, especially on the 1st day and 15th day of every lunar month.
Thus, construction methods should be strictly followed to minimize dust, noise and to ensure health environment for the temple.
38. Graves: There are about 1,500 graves which will need to be relocated for construction of the university. Da Nang city has had a plan for
relocation of all graves in Ngu Hanh Son district to a centralized cemetery in Hoa Ninh commune which is 20km from the city. To implement
this plan, the city has consulted with people and published information about the cemetery. In May 2019, Ngu Hanh Son District People's
Committee together with Department of Labor, Invalids and Social Affairs invited affected households to visit the cemetery in Hoa Ninh. Almost
all affected households had agreed with the new place after visited.
- Accordingly, the relocation of graves will be done on the basis of full consultation with the affected households to meet their customs
and habits regarding to relocation of graves. Compensation payment for affected graves includes full costs associated with a) land for re-
burial, b) excavation, c) relocation, d) reburial, e) construction of new tombs, and f) other reasonable related costs which are necessary
to meet local customs and habits.
- In case owner of the affected graves could not be identified, public announcement have to be made (on TV, popular newspaper) for a
number of times to look for the grave owners. Within a reasonable time, if grave owners could not show up, the relocation of graves
should be done by a specialized unit in consultation with the District Department of Health. The geographical location and status of the
graves (with photos taken in details), the procedure of grave relocation, and the new location of the graves have to be documented
carefully for the owner’s use at a later time. During implementation the Subproject Owner will make early announce to the households
whose graves are affected so that they can arrange their embodiment in consistence with the spiritual practices of the people and
compensate to the affected household as required in the Resettlement Action Plan (RAP) and Environment and Social Management Plan
(ESMP) for the subproject.
39. Ancestral houses:
- This issue related to many members of the family so it required more time and more steps for consultations. Local authorities of all levels
have cooperated with stakeholders to conduct the consultations to get people’s concensus. At first, meetings with representatives of
families have been held to obtain people’s comments and wishes, then the families representatives would discuss with their families’s
members.

- At present, the Le and Pham families have basically agreed with the project but they were not consent about locations for construction
of their new ancestral houses. Therefore it is required to have additional consultations to clarify and get strong concensus on this issue.
40. Preparation of Resettlement Action Plan: The project has developed a Resettlement Action Plan to ensure all the affected assets of households
are fully compensated at replacement cost and all affected households are supported for restoration of income and livelihood; any concern and/or
complaint of affected people are satisfactorilly resolved, creating consensus among the people.

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41. Livelihood restoration program: In addition to compensation at replacement cost, the Project also develops a livelihood restoration plan for
supporting severely affected households to help them restore their livelihoods and have better living standards and living conditions than before
the project.
42. Information disclosure, consultation and participation: The project will make full disclosure of project information and policy at each stage
of the project. Information disclosure aims to inform people about subproject objectives, activities, policy, benefits, positive and negative
impacts, grievance redress mechanism, … and collect opinions/comments from the local community on the subproject and mitigation measures.
During preparation of the ESIA and RAP, following information have been disclosed to local communities and relevant organizations and local
authorities in the subproject area:
- Information on the items and tentative activities and benefits of the subproject;
- Anticipated extent and scope of subproject impacts with proposed mitigation measures;
- Legal framework and policies on compensation, support and resettlement of the subproject;
- Proposed livelihood restoration program;
- Resettlement plan, grievance redress mechanism, land acquisition plan and other related issues.

2.9.2 Mitigation measures in implementation phase


43. Before issuing a decision on land recovery, no later than 90 days for agricultural land and 180 days for non-agricultural land, the People's
committee of Ngu Hanh Son district will send the notification on land acquisition to the owner of the affected land. The notification will include
information of plan for land acquisition, inventory of losses, detailed measurement survey…so that people can timely harvest crops and plan for their
lives
44. Monitor and timely update the Resettlement Plan along with the construction work; ensure that all losses arising during the construction
process will be fully compensated and supported according to the RAP.
45. Regularly grasp the need for support, ensuring that people’s arising needs for support are all addressed and handled promptly and effectively
in the Livelihood Restoration Program.
46. Construct a resettlement site for relocated HHs near by the university so that they can get benefits from the subproject.
47. Implement mitigation measures for environmental impacts during demolition and site clearance. Mitigation measures to be applied during
construction phase at area of Caodaism Khai Tay 2 temple:
o Do not transfer materials and waste within 20 m from a pagoda/pagoda
o Water the construction areas within the temple 100 m every day
o Minimize the amount of temporary loading of materials and waste in the area and minimize noise-generating activities on the
1st and 15th day of the lunar month
o Sign code of conducts with workers of contractors and monitor the implementation of code of conducts
48. For Hai An Pagoda, the People's Committee of Da Nang City has reached agreement and has a relocation plan for the pagoda to facilitate
people's religious activities when the community is resettled in a new place. In the case when construction of the new pagoda is not completed
but other work items are put into construction, measures will be provided to avoid any restriction of people’s access to the pagoda, and measures
will be applied in the same way with the case of the Caodaism Khai Tay 2 temple.
49. Implement grievance redress mechanism to receive and resolve timely complaint of affected people.

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PART 3: SOCIO-ECONOMIC INFORMATION OF AFFECTED HOUSEHOLDS

3.1. Socio-economic survey’s objectives and survey method


3.1.1. Objectives
50. The socio-economic survey on affected households helps understand the overall context of the subproject area and current socioeconomic
status of affected households. It also provides inputs for preparation of resettlement instruments and designing livelihood restoration measures
more relevant to the context of affected households to ensure the sustainability of the project entitlements.
51. Specifically, the Socioeconomic Survey (SES) aims to collect, from affected households, information on a) their demographic characteristics,
b) occupations, c) living standards (income, expenditure, loan/credit, health status, environment and sanitation, water access, participation, social
bonds), d) vulnerability of affected households, e) project impact on people’s assets, including its cumulative impact at household level, f)
consultation with PAP on the potential impact (self-assessment) and mitigation measures, g) their ability to restore their livelihoods, h) preference
on resettlement options, and i) their support for project implementation.
3.1.2 Scope of the survey
52. The survey was conducted in the project area in Hoa Quy ward, Ngu Hanh Son district, Da Nang city. Surveyed people included the project-
affected households in residential clusters No.58, 59, 60, and 61 of Hoa Quy ward and representatives of stakeholders mentioned in section
3.1.3.
3.1.3 Survey method
a) Collection of secondary information
53. Document review: The consultant has collected necessary documents available at local offices including laws, Decrees, Circulars, Decisions
related to Vietnam's land acquisition and social safeguard policies as well as the World Bank's guidelines to study and analyze the differences
and propose measures to harmonize these differences; collect and study annual socio-economic reports and socio-economic development
strategies of Da Nang City, Ngu Hanh Son District and Hoa Quy Ward to obtain information on existing status of local socio-economic
development and economic development orientations. The documents collected include:
- Policies of GoV in general and the regulations of Da Nang city in particular on compensation, assistance and resettlement;
- WB policy on involuntary resettlement (OP4.12);
- Statistical Yearbook of Da Nang City, Ngu Hanh Son District in 2018;
- Socio-Economic Report 2018 of Danang City, Ngu Hanh Son District and Hoa Quy Ward;
b) Collection of primary information and data
54. The consultant carried out a population census, inventory of losses (IOL) and socio-economic survey to collect initial data for preparation of
a compensation, assistance and resettlement plan for the project. At the same time, this data will also help provide an in-depth understanding of
the current socio-economic status of the AHs including their livelihoods and living conditions to establish entitlements to compensation and
support for Livelihood restoration that is appropriate to socio-economic events of affected households.
55. Quantitative method: a quantitative survey by questionaire was used for collecting socio-economic data of affected HHs. A semi-structured
questionnaire with specific questions was designed in a way that enables statistical analysis.
56. Principle for the survey method: the surveyed people are those who are directly affected by the project (focus on severely affected (losing
20% of productive land and/or relocation) and vulnerable persons). Those selected for the survey should represent households that are between
the ages of 18 and 60. The total sample size of the survey is 200 persons represented for 200 affected households.
Table 6: Sample structure

Information Male Female Severely affected household

Number of 72 128 200


households

Percentage 36 64 100

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57. Qualitative method: In addition, qualitative method was also applied. Objective of the method is to collect general information, clarify or
obtain opinions and comments on specific issues from individuals or a small group of people who are selected from different groups (male and
female affected persons, vulnerable persons, leaders,). At the same time, this method was also used to build people's consensus on the project.
Focus group discussions are a good way to assess stakeholders’ view on the project and identify their issues and concern. The application of
SWOT (strengths, weaknesses, opportunities and challenges) matrix analysis method can help identify priority issues and activities of the project
for social groups. In addition to group discussions, in-depth interviews with some related people were also conducted to have better understanding
of their opinions on some issues or concerns. Guidelines for group discussion and in-depth interview have been prepared according to different
topics and groups/persons. Consultant has conducted 8 in-depth interviews with 8 local leaders and three group discussions with total 82 people.
Table 7: Qualitative survey

Methods Interviewees Number of Number of


interview/discussions people
participants

Indepth interview Representative of PMU 01 01

Representative of Hoa 01 01
Quy ward PC

Head of villages 03 03

Representative of 02 02
relocated HHs

Representative of 01 01
vulnerable HHs

Group discussion Group of leaders: PMU’s 01 07


staff, local authority,
Women’s Union, Farmer
Union, Heads of
residential clusters

Group of with affected 01 60


HH

Group of Students 01 15

c) Site observation
58. This method aims to gather useful and timely information by observing what is happening at the project area to gain a better understanding
of the assessment results. The above method can be used to understand the context in which information is gathered and interpret the survey
results. During the RAP preparation, the consultant visited the subproject site to find out about the living conditions of the people including: (i)
housing and facilities for living and production; (ii) sanitary conditions; (iii) infrastructure conditions; (iv) access to public services ... The
consultant also visited the proposed resettlement site to assess the comfortability of the resettlement site for relocated households. In addition,
the consultant also visited the new cemetery area of the city in Hoa Ninh commune.
d) Data analysis
59. Quantitative data are processed by SPSS – a statistical analysis software.

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- A frequency table with correlation tables of results for analysis into the report. The independent variables are gender of head of household,
economic group, etc. In addition, the correlation between variables such as income, employment, livelihood, poverty, ethnic minorities and
independent variables such as gender, age, education was analyzed to find out the relationships and the factors of impact. The collected data is
kept in a database to serve as an initial database for monitoring and evaluation during the project implementation period.
- Processing and analyzing qualitative information: The information gathered from in-depth interviews and group discussions is processed
by the Nvivo program on the topics that need to be assessed and analyzed. The qualitative results will help explain the quantitative results more
clearly and reflect the views as well as the consensus or opposition of the people to the project and help identify issues that people are interested
in.
- Results of the socio-economic survey of affected households and socio-economic information of the subproject district are presented in
the following pages.
3.2. Socio-economic condition of Ngu Hanh Son district
3.2.1. Natural conditions
60. Ngu Hanh Son District was officially established on the basis of former Bac My An Ward of Danang City and 02 communes of Hoa Hai and
Hoa Quy of Hoa Vang District under Decree No. 07/ND-CP dated 23 January 1997 by Government of Vietnam. Ngu Hanh Son District is located
southeast of Danang City, 8km from the city center; the East borders the East Sea with 12km long coastline, the West borders Hoa Vang, Cam
Le and Hai Chau districts, the North borders Son Tra district, the South borders Dien Ngoc Ward, Dien Ban Town, Quang Nam Province.
61. The district’s natural land area is 40.18Km2 of which 0.47Km2 used for agricultural production, 1.63Km2 for special purpose and 1.12Km2
for residential land.
b. Socio-economic condition
Population
62. Ngu Hanh Son District has 4 wards: My An, My Khe, Hoa Quy and Hoa Hai, with a natural area of 40.18 km2. As of 2018, the district’s
population is 87,259 consisting of 43,330 male (accounting for 66%) and 43,929 female (accounting for 50.34%). The subproject is implemented
within Hoa Quy ward.
Table 8: Population size and density in Ngu Hanh Son district in 2018

Population Population density


Ward/commune Area (Km2)
(person)) (person/Km2)
Ngu Hanh Son District 40.18 87,259 2,171.25
My An Ward 3.28 27,449 8,360.95
My Khe Ward 5.48 15,670 2,860.43
Hoa Quy Ward 14.82 16,868 1,137.78
Hoa Hai Ward 16.60 27,272 1,642.71
(Source: Statistical yearbook of Ngu Hanh Son district, 2018)
Poverty
63. Based on the national poverty standard for the period 2016-2020, the number of poor households in Ngu Hanh Son district is 722 households
(in 2018), of which Hoa Quy ward has 335 poor households.
Table 9: Numbers of poor HHs in wards of Ngu Hanh Son by years

Ward/commune Year (unit: HH)


2015 2016 2017 2018
Ngu Hanh Son District 595 2,313 1,256 722
My An Ward 66 312 171 78
My Khe Ward 73 335 199 116
Hoa Quy Ward 169 551 342 335
Hoa Hai Ward 287 1.115 544 193

Page 24
(Source: Statistical yearbook of Ngu Hanh Son district, 2018)
64. The total production value of economic sectors in 2018 of Ngu Hanh Son district is VND 2,699 billion, reaching 106.5% of the plan. In
which tourism - trade is determined as a key economic sector of the district, of which:
- Tourism - Trade is estimated at VND 1,884 billion, reaching 103.97% of the plan. In 2018, Ngu Hanh Son relics and landscapes welcomed
1,946,494 visitors, revenue of 82.3 billions Dong, reaching 126% of the plan;
- Retail sales of consumer goods and services are estimated at VND 5,094 billion, reaching 103.95% of the plan.
- Industry - Handicraft - basic construction reaches VND 744.38 billion, reaching 110.7% of the plan. There are 657 industrial facilities in the
district, attracting 3,243 workers. The main industrial products of Ngu Hanh Son district are steel, alloy; Prefabricated building components;
Pure water; Shoes, clothes .... Production value of industry – handicraft is estimated at 422.46 billion VND, reaching 105.09%; and production
value of the basic construction industry is estimated at 321.92 billion VND, reaching 119.23%.
- Agriculture - Fishery industry is estimated at 70.7% billion dong, gaining 141.4% of the plan, including
- Cultivation: Cultivated area: 467.5 ha, of which 247 ha of rice, yield 63 quintals/ha, yield 1,546 tons; vegetables 96 ha, yield 95
quintals/ha, yield 912 tons
- Breeding: Control of slaughtering, animal quarantine and vaccination for cattle and poultry are basically ensured. Avian influenza in
2018 across the district for 91 households with 7,923 poultry ...
- Aquaculture: Aquaculture area: there are 4 ha for freshwater fish farming, 11 ha for brackish water shrimp farming in Hoa Quy. The
main stocking households are raising shrimp, snakehead fish and a few households raising tilapia tilapia, hybrid catfish, etc. The shrimp
productivity is estimated at 6 tons/ha, cultured fish of all kinds reaches 1.5 tons/ha. The fishing output is estimated at 1,150 tons of aquatic
products of all kinds. The district has 28 ships with a capacity of 10,966 CV (25 ships with a capacity of over 90cv).
Infrastructure
65. Transportation system:
- Ngu Hanh Son District is located on the main transport route between Danang City and Hoi An Ancient Town of Quang Nam Province.
Ngu Hanh Son District has convenient location and conditions for the development of various types of tourism, resorts, restaurants, hotels, and
home stays. This is also one favorable area for expansion of the city toward the southeast. The main roads in the district are as follows:
• Vo Nguyen Giap coastal road
• Truong Sa coastal road
• Le Van Hien and Tran Dai Nghia streets
• Vo Chi Cong street
• Mai Dang Chon street
• Nam Ky Khoi Nghia street connecting to the western ring road of Da Nang city
• Nguyen Phuoc Lan street
- These are arterial roads of Ngu Hanh Son district connecting the district with the center of Da Nang city and nearby localities, particularly,
the two roads namely Mai Dang Chon and Nam Ky Khoi Nghia are the two main roads which connect with UD village. In addition, these are
also the main routes for transportation of construction materials during the project construction process.
66. Water supply
- Currently, Ngu Hanh Son district already has water supply service provided by Ngu Hanh Son water supply plant but only meets about
80% of the needs of the people. In some areas where there are no supply of clean water, households use available natural water sources such as
dug wells, drilled wells ... for domestic purposes. Basically, people's needs of water have been met but there is shortage of water at some locations
in the summer.
- During the construction of the project, there will be migrant workers from other places to the project area (about 1,200 workers), which
may result in difficulties for water supply services especially in the summer. Therefore, the PMU and the contractor need to have a detailed
recruitment plan as well as a water supply plan to meet the workers' water needs.
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67. Waste collection and disposal
- Currently, the district's waste collection and disposal is undertaken by Ngu Hanh Son Urban Environment company. Everyday, the
company arranges 04 forklifts of 4.5 tons, 7 tons to 9 tons to collect and transport waste throughout the district. The average volume of waste
collected by the company in the district ranges from 110 to 115 tons per day, using following collection methods:
• Direct collection by rolling truck (combined with hauling trunks): 32- 35 tons
• Direct collection by trashbins mounted on tricycles (for collection of domestic waste): 50 - 55 ton
• Collection through permanent bins located on streets: 20 - 25 tons
- These methods will also be used for collection of all wastes generated in the project site, including waste from worker's camps.
68. Electricity supply
- At present, Ngu Hanh Son district is using electricity from national power grid with stable quality which can completely meet electricity
demands for production and daily lives of local people as well as for other ongoing projects in the city.
- At the project area: Currently, the project area has a 22kV on-ground wire grid connected from the branch of the route 471E13 to serve
for 3 transformer stations of the dormitory of Pedagogical University (180kVA-TBA), Pedagogical University T1 (320kVA) - Pedagogical
University T3 (320kVA).
- Low-voltage grid of 0.4kV is underground arranged along the sidewalk in the existing areas.
- The lighting net using on-ground cable is supplied with power from the electric cabinets located at 3 substations in order for lighting the
roads in the area.
69. Schools
- The educational system of the project area is quite complete from kindergarten to high school. In addition to the system of public schools
in the project area, there are also private schools. There is no discrimination on gender and household economic situation, all children of school
age can go to school
- Boys are more likely to drop out of school than girls, mainly because of their poor ability to study or they prefer playing to learning.
- With not very high educational level of the heads and members of the affected households in the project area, this can cause a great
impact on the development of the livelihood restoration program for the severely affected households - especially vocational training and career
transition programs for working age members of the subproject. The proposed plan is to focus on basic majors with short-term training such as:
garment, cooking, veterinary…
70. Health care centers and hospitals
- As of December 31, 2018, there are 7 healthcare facilities in Ngu Hanh Son district including 2 hospitals and 4 ward medical stations
with 1,448 beds and 145 medical staffs (36 doctors, 32 physicians, 47 nurses, 11 midwives, 19 technicians). In general, medical and healthcare
services for local people in the project area are good and quite convenient.
71. During the project’s construction phase, the local healthcare facilities can fully meet the needs of medical examination and treatment of
migrant workers.
72. In short, during the construction process, the "Vietnam National Universities Development project – University of Danang Sub-project" will
have to mobilize a large number of workers to the site during 18 to 36 months depending on the size and nature of the work items. Concentration
of a large number of workers will increase the pressure and competitiveness on public service providers, specifically: The presence of
construction workers and service providers (maybe even their family members in some cases) may create additional needs for the provision of
public services such as: electricity, water, health services, transportation, education and social services; as well as potential risks of social evils
and environmental pollution. Therefore, Danang City, the Project Owner and the PMU should have effective responding plan.
3.2.2. Socio-economic condition of the affected households
73. The project of UD Village was planned in 1997, but has not been implemented yet due to lack of capital. This has a great influence on local
socio-economic development. Since 1997, people in the project area have not been allowed to build or expand their houses because they have

Page 26
not been granted construction permit. Therefore, their living conditions are limited, their houses are degraded, their electricity and water utilities
are damaged, their children's schooling and travel are difficult ...
74. The analysis below is based on the results of the socio-economic survey with 200 affected households conducted by the Consultant in
November 2019 and secondary data review.
3.2.2.1. Social and demographic characteristics of households
*) Household size
75. Household size: Out of 200 households surveyed with a total of 712 people, the average size of affected households is 3.6 people/household,
in which, 16% are single households (1 member), 24% have from 2 to 3 members, 48% of households have from 4 - 5 members and 12% of
households have 6- 7 members. The biggest household size has 7 members while the smallest household size has 1 person only (in this study,
the number of family members is the number of people living together and sharing the same household registration book). There is no big
difference in terms of gender, the average male population is 1.84 male/household (368 people) and the average female population is 1.72
female/household (344 people). The average number of people of working age in a household is 2.1 per household, equivalent to 420 people.

Figure 1: Demorgraphic characteristics (unit: 100%)


(Source: Social and Economic survey on affected HHs, 11/2019)
*) Age structure
76. Age of surveyed people: The average age of respondents is 56.7 years old of which the youngest age is 27 years old and the oldest age
is 78 years old. The survey results on the age of the respondents show that the age of respondents is reliable, these are adults and hold an important
role in the family.
77. Age structure of the project’s affected people in the sample: group under 15 years old account for 25.6% (equivalent to 182 people), age
group from 15 – 40 years old account for the highest percentage of 31.4% (equivalent to 224 people), followed by the age group from 41 – 60
years old accounting for 25% (equivalent to 178 people) and over 60 years old accounting for 18% (equivalent to 128 people). It is obviously
that the group at working age accounts for a high percentage, which is a challenge for appropriate arrangement of livelihood or provision of
appropriate supports for such a huge laborforce. However, this is also one advantage for implementation of the livelihood restoration program
because there is not high percentage of dependents. For each age group, the project will have general and specific impacts.
- People under 15 years old: implementation of the project can affect people at this age group because they need change their way to access
to schools or some students can move to other schools for more convenient. However, the resettlement site is located in Hoa Quy ward and is
not too far from their old houses so the impact is not signigicant.
- People from 15 – 40 years old and from 41 – 60 years old are those who are at working age. Results of the survey on people’s occupation
show that, affected households have four main occupation groups namely: agriculture, trade/service, public servants and other (housewife,
unstable waged job …). The project will affect on employment and occupation of people at this age, especially people who do home-based
businesses because they will lose their trading area and loyal customers. There will be challenge in restoration of livelihood for the old age

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people. The project’s livelihood restoration program should pay special attention to this occupational characteristics to provide appropriate and
effective support.
- People over 61 years old are those who are at retirement age, retired people or farmers usually support their children with daily chores.
The project’s impacts on these people are mainly the change in accomodation, daily habbits or sepearation with community relationships.
- Analysis on people’s occupational characteristics and their needs for supports are presented in Chapter 6: Income restoration program

Figure 2: Structure of age of project’s affected people


(Source: Social and Economic survey on affected HHs, 11/2019)
78. Ethnicity: The survey results show that all the affected households by the project are Kinh people (dominant group), no ethnic minority
households are living in the project area.
*) Educational level
79. Educational level of the household heads and members: The survey results shows that, educational level of the heads of affected HHs is
not high, mainly graduated from primary school (92 household heads, accounting for 46%), secondary school (60 household heads,
accounting for 30%), high school (24 household heads, accounting for 12%), Vocational secondary school (8 heads of households,
accounting for 4.0%) and college/university (12 heads of households, accounting for 6.0%). The rate of illiterate household heads is 2.0% (4
heads of households).
80. The family members are high school graduates (34.0%), followed by secondary school graduates (22.7%), primary school graduates
(21.9%), illiterate (1.6%) and pre-school (10.9%). 9.0% are university/college graduates. Percentages of primary school or illiterate are
mainly found at the group of old people.
81. The percentage of children dropping out of school is not high (4.7%) with the reason that they are incapable to pursuit of education. At
the present, universalization of education has been completed in Hoa Quy ward and 100% of 5-year-old children attended preschool.
Table 10: Educational level of surveyed people và các thành viên

No Educational Head of HH Member of HH


background frequency Percentage Frequency Percentage
(%) (%)
1 Pre- school 0 0.0 56 10.9
2 Illiterate 4 2.0 8 1.6
3 Primary school 92 46.0 112 21.9
4 Secondary school 60 30.0 116 22.7

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5 High school 24 12.0 174 34.0
6 Vocational training 8 4.0 0 0.0
7 College/university 12 6.0 46 9.0
(Source: Social and Economic survey on affected HHs, 11/2019)
*) Occupational characteristics
82. Main occupation of people: Results of the survey on the main occupation of the people, (the working age of people in the report is from 18
to 60 years old) show that there are four main groups of employments namely agriculture production (28.5%), Business/trade (27.4%) and public
servants (27%) in addition to a number of 16.8% of other occupations (housewife, seaonsal waged job and retired person). Survey results on the
main occupation of employees are shown in detail in the following chart:

Figure 3: Main occupation of the surveyed HHs (unit: %)


(Source: Social and Economic survey on affected HHs, 11/2019)

3.2.2.2. Household’s economic condition


*) Household’s income and income structure
83. Income: The average income of the AHs by the project is 5,083,673 VND/household/month. The highest income is VND 25
million/household/month and the lowest is VND 1 million/household/month. Average income of affected households is lower than the city’s
income per capita (5,506,000 VND/HH/month). The income structure of households is detailed in the following table:
Table 11: Income sources of affected HHs/month

Number
Income resource (Household) Per (%)
Agriculture 36 18
Business 44 22
Waged worker 128 64
Handicraft 4 2
Savings deposit interest rates 0 0
Support for policy family 20 10
Other sources 4 2

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(Source: Social and Economic survey on affected HHs, 11/2019)
84. In terms of income sources, about 64% of households have income from wages, reflecting a fact that all households have members at working
ages who are involved in labor market with monthly salary such as workers, waged labors, public officials. 22% of households have income
from business; 18% of households have income from agricultural production. Though nearly 30% of surveyed households are farmers, only 18%
said they have income from agricultural activities with very low amount (about VND 300,000 /month). The reason is that this area has been
planned for the project, thus, people could not invest in large scale. Agricultural production here is only spontaneous serving people's daily
consumption, not for commercial purposes. "In fact, cultivation can be even losses, with no income expectation." (Household said). In
particularly, none of the surveyed households has savings at the bank. This partly reflects vulnerability of the affected community. This issue
will be addressed again in analysis of household expenditure.
85. Surveyed households' average expenditure is about 5.7 million VND/month/HH; while the average income is 5,083,673VND. As a result,
these households do not have savings and this reflects the vulnerability of the affected communities. Activities for livelihood restoration should
be timely identified and updated to ensure that the lives of the affected people can soon be restored and developed. Thus, care should be taken
when implementing the project so that negative impacts on people's daily life can be mitigated. The survey was conducted on 11 poor households
(among 50 poor households under the project).
86. Savings: According to the results of the current survey, the income of the project’s affected households is lower than their expenditure.
Therefore, within the past years, these households made no savings.
*) Households’ debt
87. Debt: From surveyed result on affected households’ income and expenditure, most of the surveyed households said that in the past 2 months,
they had income lower than their spending. As a result, 24 out of 200 surveyed households reported to be in debt of 12% of their income. The
main source of household loans is from banks (20 households) and mass organizations (4 households). On average, the household’s banking
loan is 12,400,000 VND and from organizations and unions (5,000,000 VND). The household’s loan is for expenditure (50%), business and
other purposes account for 25%.
*) Household’s housing condition
88. Housing: Housing is one of the most important criteria for household living standards. However, the project area has been planned by
the city for constructing the university of Danang, so households has not been allowed to expend or build new houses. Housing type of affected
households is shown in detail in the following chart
Bungalow with
simple structure
2%

20% Bungalow with


34% brick wall

44% Bungalow with


concrete
framework
Other type of
house

Figure 4: Type of houses


(Source: Social and Economic survey on affected HHs, 11/2019)
89. Current living conditions of the affected households are very poor, the houses have been degraded, temporarily repaired and unsafe for living.
In particular, in the rainy season, the drainage system is not good, causing local flooding and generation of mostquitoes and flies.
90. The reason households did not repair their houses to ensure their safety and to have better living conditions is that their houses are located in
the area which has been planned for project since 1977 so they are not licensed to build/repair houses.
*) Environmental sanitation condition
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91. Clean water: Currently, the project area has been suppling with clean water by Ngu Hanh Son water supply plant. However, according to
the assessment of households, the water supply source is not stable in terms of quality and quantity. Therefore, in addition to tap water as a main
source (70%), households also use other water sources such as dug wells (10%) and drilled wells (20%).
92. Sanitation: In the project area, 74% of households use hygienic toilets (with septic tank), 22% of households use two-compartment toilets.
In addition, 4% of households use simple toilets (2% of households use one compartment toilet and 2% of households use rudimentary toilets -
squat toilet).
93. At present, there is waste collection and treatment service in the project area, but only convenient at the main roads while at small lanes
where the wastewater collection services can not access, households have to handle their own waste in many manual ways such as: burying,
burning ...
94. Energy: The source of energy that households are using for lighting is electricity from the national grid, 100% of households use this source
of energy. The main sources of energy used for cooking are: Gas (78%); Kerosene (20%) and Electricity are (2%).
95. Assessment of living standards: Number of poor HHs in sample are 11 (these ones of the subproject are 50). According to the survey results,
people rated their living standard not very high, only 2% said that their family was well-off, 40% was average, 56% were at poverty level and
2% of households found no criteria. Living standard of the project affected people is much lower than average living standard of people in Hoa
Quy ward. The ward’s total percentage of poor household is 11.68%, and near poor household is 1.59%.
3.2.2.3. Healthcare condition
96. Disease: About 58% (116/200 households) of the surveyed affected people said there were sick people in their family over the last 3 months.
The diseases that households suffered are mainly common diseases such as: cold/fever (54%); Digestive is (32%); Dengue fever (54%);
Respiratory (28%); Injury (56%) and other illnesses (12%). This is a fairly high and worrying indicator of the health of the people in the project
area compared to the overall condition of health when the healthcare services are become better and better.

Figure 5: People’s healthcare (Unit: 100%)


(Source: Social and Economic survey on affected HHs, 11/2019)

97. Causes affecting people's health: Based on the survey results, there are two main causes affecting people's health, namely unsafe food (51.1%)
and water pollution (54.8%). It is observed that the living environment in the project area is really degraded due to the unsecured drainage system
and the dense vegetation not being cleared.
98. Access to healthcare services: in general people in the project area and the affected households in particular have quite convenient access to
healthcare services. There is a rather complete hospital system from the medical station to the city general hospital in Da Nang city. In addition,
there is a large network of hospitals, private clinics and pharmacies that also enhances health access for affected groups. The distance from the
project area to the ward health station and pharmacy is from 2 to 5 km, while the distance to the city general hospital is over 5 km. Currently, in
Hoa Quy ward, there is 1 health station with 7 patient beds and 1 doctor and 0 3 midwives, which has provided good initial services for medical

Page 31
examinationand treatment. According to the survey on health insurance, 100% of children under 1 got vaccinated and 100% of the surveyed
affected households have health insurance.
3.2.2.4. Gender issues, social relations and community cohesion of the surveyed households
99. Labor division of the survey households: Regarding the division of labor by gender in the affected households, there is not much difference
between men and women. All activities involve both men and women. However, in some activities such as cooking, cleaning the house and
taking care of children, women are often in charge. The division of labor in the project area does not differ from the current research and analysis
on gender labor in Vietnam: Women are engaged in production, reproduction and child care activities while men are mainly engaged in
production activities.
100. Decision making on family issues: According to the survey results, for making decisions on family’s matters (buying assets for the family,
borrowing money from banks, repairing houses) or making decisions about the education of children ...), there is a discussion of both husband
and wife.
101. Onwnership of household valuable assets: Most of the land plots have a land use right certificate but the name of owners on the certificates
are not the actual affected households. This is due to the fact that, the land area has been planned since 1997 and all transactions of land were
not allowed, however, some households still had private transactions of land because they have demand and the project has not been implemented
in a long time. These transactions were made by purchasee and purchaser through writing commitments without registration with local
authorities. Information of land ownership on the document was therefore not taken into account when assessing the project’s gender issues.
This characteristic also requires a careful and thorough implementation of compensation and site clearance to avoid any missing cases or wrong
cases.
102. Participating in community activities: such as attending meetings, participating in environmental protection, security and order of the
residential area, the participation rate of both spouses are over 70%, the participation rate of both men and women in these activities is equal:
(community meetings: men (12.0%), women (14.0%); sanitation activities (both men and women: 10.2%); activities to protect neighborhood
security order: men (12.2%) and women (10.2%).
103. Participation in mass- organizations: According to the survey results, there are active and strong socio-political organizations in the
project area such as: (i) Farmers’ association; (ii) Women's Union; (iii) Youth Union; (iv) Elderly Association and (v) Veterans Association, etc.
The survey results show that most of the households have members participating in at least one of the social organizations mentioned above.
These mass organizations are an effective element of community connection. Many of the community support activities are promoted by these
organizations. Therefore, implementation of the project in general and resettlement activities in particular should be consulted with these
organizations to achieve the best results.
- The Farmers' Association - A socio-economic organization of the farmer class: 8/200 surveyed households participate in this
organization with the 1-2 members/household;
- The Women's Union : 194/200 surveyed households participate in the union, with the number of participants from 1-2
members/household;
- The Youth Union is the socio-political organization of Vietnamese youth, the survey results show that 66.7% of the households
participate with 1 to 3 members per household;
- The Veterans' Association is a socio-political organization of the armed forces and semi-armed forces in the struggle for national
independence and sovereignty over time. The survey results show that 2% of the households participated with the number of
participants is 01 person.
104. In general, participation in social unions has great signigicance to households when they need access or mobilize resources.
105. Consultation results showed that the Women's Union plays an important role in implementing many activities for development support
such as unsecured loan program, support program for single women and poor households; The Women's Unions also undertake communications
very effectively. Many development projects of non-governmental organizations implemented in the area choose the Women's Union as their
partner. Some other organizations such as the Fatherland Front supporting policy households or farmer associations will promote programs for
farmers, ect. Result of survey on households’ participations in union organizations is presented in the following table:
Table 12: HH’s participation in socio-economic organizations

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No Name of organization Frequency Percentage Number of family
member
1 Farmers’ association 8 4.0 1

2 Women’s uninon 194 97.0 2

3 Youth union 133 66.7 1- 2

4 Veteran’s association 4 2.0 1

(Source: Social and Economic survey on affected HHs, 11/2019)

3.3 Social risks related to labor influx and Gender base violence
106. Estimated number of mobilized workers (following the project's phase and progress): it is estimated that a huge number of workers (about
1200 workers) will be mobilized for construction of items under the UD sub-project during a period from 18 months to 36 months depending on
the size and nature of the works. The estimated number of workers for each work item is as follows:
Table 13: Estimated number of workers

Number of Phase
Construction
No Work item worker
time (month)
(people)
I Component 1
1 University of Technical education, 200 24 Phase 2
2 University of Foreign language studies 200 36 Phase 2
3 International university 150 24 Phase 2
4 Central area of University of Danang 100 24 Phase 1
5 Multi-functional education area 150 24 Phase 1
II Component 2
6 Technopole and creative space 300 36 Phase 2
Technical infrastructure for an area of Phase 1
7 100 18
40ha
Total 1200

107. It is expected that workers from other localities will be mobilized for construction of the main work items. About 100 - 300 workers will
be mobilized for each work item (there will be total 1,200 workers if all work items are constructed at the same time). This workforce will come
from many different places, with different demographic characteristics, culture, etc…so if this issue is not properly managed, theft, gambling,
and prostitution can occur in the workers' group;
108. Environmental pollution is also a potential risk. With a large number of workers gathered at the same time, there will be a large amount
of waste and domestic wastewater. If the treatment capacity is not good, it will create environmental consequences.

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109. Poor treatment of wastewater and waste will also increase the number of flies and mosquitoes, and may result in outbreaks of diarrhea
and dengue fever;
110. Arrangement of worker camps also cause potential community conflicts due to the local pollution caused by the workers as well as the
disturbance and impact on health of students and nearby households.
111. The density of workers at the site can increase the prevalence of HIV/AIDS and other sexually transmitted diseases, especially through
prostitutes, threatening the local community.
112. Capacity for handling with potential risks, adaptive capacity and management capacity were assessed as follows:
- Capacity of the local government of Danang city: Danang is a large city of Vietnam. During construction and development process, the
city has implemented many large-scale construction projects. In the 2017-2020 period alone, Da Nang has had 68 key projects in different fields
which have been included in the porfolio for investment and implementation. Therefore, the city has had good experience in responding to
potential risks of construction projects in the city in order to minimize negative impacts and promote positive impacts and the project’s efficiency.
The network of functional units with direct responsibility includes: district and grassroots local authorities, public security and social
organizations at all levels.
113. Capacity of the PMU:
- The project management unit used to manage and implement other projects of University of Danang, so they has good experience in
managing contractors as well as contractors’s workers;
- Through consultation, the PMU also anticipated content of the requirements for contractors in preparing accommodation for workers;
density of workers and related commitments for contractors on the basis of existing requirements for contractors and reconciliation with the
World Bank's requirements;
- The PMU also had certain experience in communication and cooperation with media partners for dissemination of information on
infectious diseases, especially HIV / AIDs as well as certain experience in management
- In the process of preparing the project in general and preparing the Resettlement Plan for the project in particular, the PMU also shown
capacity for coordinating effectively with local authorities to promote deployment of necessary activities. This capacity is very important when
management of the project's potential risks.
114. Proposed measures are presented in the table 14 below:
Table 14: Proposed measures

Risks Measures Responsible by

The risk of insecurity, Develop program and plan to coordinate with PMU
increased social evils stakeholders including contractors, police
agencies, and mass organizations to manage,
supervise and provide timely support for
workers.
Make commitments with the contractor on labor
use, labor management and mechanism of labor
contract termination in necessary cases.

Environmental Working with contractors on the distribution of PMU, contractor


pollution workers, labor mobilization at the construction
site to best suit the infrastructure capacity at the
residence area of workers;
Organize communication to raise awareness on
environment and environmental sanitation for
workers;

Page 34
Risks Measures Responsible by
Clean the site, clean sewers, spray if necessary
around workers' camps;
Organize quarterly and unexpectedly health
checks (if required) for workers and laborers in
general;

Infectious diseases Organize communication campaign PMU, contractor


(HIV/ADIs) Organize training courses on related issues and
skills
Arrange periodic health check and lists;
Interview/raise questions about workers’ use of
condoms;
Provide workers with free condoms

Social conflicts Set up daily rules for the worker camps. PMU, contractor
Frequently organize teamwork in cleaning,
clearing sewers, clearing bushes (if any) for the
worker camp area and surrounding area
Increase community connection
Organize communication on environmental
sanitation

115. Risks of sexual abuse and harassment:


- With a large number of workers concentrated over a period of time, there may be potential risks of sexual harassment, in the construction
site environment, female workers usually subjected to this risk, because the ratio of males is usually much higher
- The project is implemented on the campus of the University of Danang where there are many female students studying and staying at
dormitories or in surrouding rental houses. The large number of male workers also cause potential risk of sexual abuse or harassment against
female students, even sexual assault. Measures recommended for this risks are:
- For contractors: Develop a Code of Conduct for workers in the workplace and sign with workers. The PMU should supervise the
implementation of this code strictly; regularly organize activities for raising legal awareness for male and female workers such as provision of
leaflets, regular activities,
- The PMU to establish a mechanism to receive support information related to this issue and ensure information confidentiality;
- The university to organizes educational activities and enhance life skills for students in general and female students in particular and
integrate the organization of communication activities in the university’s training program

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PART 4: LEGAL FRAMEWORK AND POLICY FOR COMPENSATION, ASSISTANCE AND RESETTLEMENT UNDER THE
PROJECT
116. The legal Framework of the project is prepared based on the World Bank’s involuntary resettlement policy (OP4.12) and the laws of Viet
Nam and the GoV’s regulations relating to compensation, assistance and resettlement. The objectives of the Framework are to establish the
principles of compensation, support and resettlement for affected people. The Framework will be applied to all project activities that cause
involuntary resettlement, regardless of budget source. The World Bank’s involuntary resettlement policy (OP4.12) is also applied for activities
of project or subproject that is deemed by the WB to be related to this project that do not use the World Bank's capital but are assessed as having
the following characteristics:
- Directly and significantly related to the Bank-assisted project,
- Necessary to achieve its objectives as set forth in the project documents; and
- Carried out, or planned to be carried out, contemporaneously with the project
4.1. World Bank’s Involuntary Resettlement Policy (OP4.12)
4.1.1. Objectives of the policy.
117. The WB’s Operation policy (OP4.12) on involuntary resettlement pays special attention to support vulnerable groups to achieve
development goals. Hence, this policy objective is aimed at.
- Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.
- Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development
programs, taking into account project’s benefits for the affected people by providing sufficient investment resources and improving
participatory compensation, assistance and resettlement.
- Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them to pre-
project levels.
4.1.2. Implementation principles
118. Ensure that displaced persons, affected households are provided with: (i) full and free information on all project activities, (ii) regardless
of legal status, affected household assets shall be compensated, supported (iii) compensation at replacement cost, (iv) livelihood of the affected
persons/households will be restored equal to or better before the project, (v) having independent complaint and petition mechanism.
119. Use participatory methods in designing and executing projects to ensure that the design and construction methods integrate the needs of
all population groups, especially disadvantaged groups;
4.2. Legal framework on land acquisition, compensation, support and resettlement of Vietnam
120. The legal framework of GoV with respect to land acquisition, compensation and resettlement is based on the Constitution of the Socialist
Republic of Vietnam (2013), the Land Law 2013 and relevant decrees and requirements. The principal legal documents applied for this RP
include the following
- Constitution 2013 of the Socialist Republic of Vietnam;
- Land Law 2013 (No. 45/2013/QH13), takes effect on July 1, 2014;
- Law on Public Investment 2014 (No. 49/2014/QH13) takes effect on January 01st, 2014;
- Decree No. 43/2014/ND-CP dated May 15, 2014 of GoV on detailing a number of articles of the Land Law No 45/2013/QH13; effective
on 1st Jul 2014
- Decree No. 44/2014/ND-CP dated May 15, 2014 of GoV on land prices;
- Decree No. 45/2014/ND-CP dated May 15, 2014 of GoV on collection of land use levies;
- Decree No. 46/2014/ND-CP dated May 15, 2014 of GoV on collection of land rent and water surface rental;

Page 36
- Decree No. 47/2014/ND-CP dated May 15, 2014 of GoV on compensation, support and resettlement upon land recovery by the State;
- Decree No. 136/2015/ND-CP dated December 31, 2015 of the GoV on guidelines for implementation of a number of Articles of the Law
on Public Investment;
- Law on housing No.65/2014/QH13, dated 25 November 2014;
- Decree No.99/2015/ND-CP dated October 20, 2015of the GoV on guidelines for implementation of a number of articles of the Law on
Housing;
- Decree No. 01/2017/ND-CP dated January 06, 2017 on amendment and supplement of a number of Articles of the Decree detailing
regulations on implementation of the Land Law;
- Decree No. 16/2016/ND-CP dated March 16, 2016 and Circular No. 12/2006/TT-BKHDT dated August 08, 2016 on management and use
of ODA fund and preferential funds of foreign donors;
- Circular No. 30/2014/TT-BTNMT dated June 02, 2014 of the MONRE regulating profiles for land allocation, land lease, land use purpose
transfer, and land acquisition;
- Circular No. 36/2014/TT-BTNMT dated June 30, 2014 of MONRE on land pricing method; compilation of and adjustment to land price
lists; determination of specific land prices and consultancy on land pricing;
- Circular No. 37/2014/TT-BTNMT of MONRE dated June 30, 2014 on compensation, support and resettlement upon land recovery by the
State
- Circular No. 332/2016/TT-BTC dated December 26, 2016 on amendment and supplement of a number of articles of Circular No.
76/2014/TT-BTC dated June 16, 2014 of the Ministry of Finance on guidelines for implementing Decree No. 45/2014/ND-CP on collection
of land use levy.
121. Other relevant laws, decrees and regulations
- The Construction Law No.50/2014/QH13 dated June 18, 2014 on construction activities, rights and obligations of organization and
individual investing in civil works construction and construction activities;
- Decree No.102/2014/ND-CP on sanctioning of administrative violations in the field of land;
- Decree 59/2015/ND-CP dated June 18, 2015 on management of construction investment projects;
- Decree No.126/2014/ND-CP on marriage and family law implementation, stipulating that all documents registering family assets and land
use rights must be in the names of both husband and wife;
- Decree No. 11/2010/ND-CP dated February 24, 2010 of the GoV prescribing the management and protection of road infrastructure and
Decree No. 100/2013/ND-CP dated September 03, 2013 on amendment and supplement of a number of Articles of Decree No.
11/2010/ND-CP dated February 24, 2010 of the GoV prescribing the management and protection of road infrastructure.
- Decision No.1956/2009/QD-TTg of Prime Minister dated November 17, 2009 on approval of project on “Vocational training for rural
labors by the year 2020”;
- Decision No. 46/2015/QD-TTg dated September 28, 2015 on policies on support for job search and vocational training courses for workers
whose agricultural land is acquired;
- Decision No.63/2015/QD-TTg dated December 10, 2015 of Prime Minister on assistance in vocational training and job search for workers
whose replacement land is acquired.

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- Decree No. 61/2015/ND-CP dated July 09, 2015 of Prime Minister on job creation policies and national employment fund.
122. Decrees relevant to protection and preservation of cultural property include Decree No. 98/2010/ND-CP Detailed regulations for
implementation of some articles of the Law on Cultural Heritage and the Law on editing and supplementing some articles of the Law on Cultural
Heritage requiring that sites currently recognized as cultural and historical vestiges, should be kept intact according to current legal regulations.
123. Documents relating to complaints and resolve complaints mechanisms: Complaints Law 02/2011/QH13 dated November 11, 2011;
Decree No. 75/2012/ND-CP dated October 03, 2012 on specific provisions a number of articles of the Complaints Law.
124. There are also other regulations that apply to projects such as
- Document No. 1665/TTg-CN dated October 17, 2006 of the Prime Minister related to management of site clearance, clearance of mines,
UXO and explosive materials for transport works, and
- Decision No. 96/2006/QD-TTg dated 4/5/2006 on the management and implementation of clearance of bombs, mines and explosive
objects.
125. For Da Nang city, decisions issued as a basis for calculating compensation and resettlement assistance when the State recovers land in
the city include
- Decision No. 38/2017/QD-UBND dated November 30, 2017 by the People's Committee of Da Nang City on promulgating regulations on
compensation, assistance and resettlement when the State recovers land in Da Nang city;
- Decision No. 23/2019/QD-UBND dated May 2, 2019 by the People's Committee of Da Nang City on amending and supplementing a
number of articles of the regulation on compensation, assistance and resettlement when the State recovers land in Da Nang city issued
together with Decision No. 38/2017/QD-UBND dated November 30, 2017 by the People's Committee of Da Nang City;
- Decision No. 46/2016/QD-UBND dated December 20, 2016 by the People's Committee of Da Nang City on promulgating regulations on
land types in Danang city;
- Decision No. 06/2019/QD-UBND dated January 31, 2019 by the People's Committee of Da Nang City on the amendment and
supplementation of a number of articles stipulating the prices of land types issued together with Decision No. 46/2016/QD -UBND
December 20, 2016 of Danang People's Committee.
4.3. Discrepancies between WB’s safeguard policies and GoV’s laws, regulations, policies and measures proposed for the project.
126. With the promulgation of the Land Law No. 45/2013/QH13 and relevant Decrees stated above, the policies and practices of the
Government have become more consistent with the WB’s social safeguards policies.
127. The GOV’s policies and practices both in resettlement and compensation are mostly compatible with the WB’s guidelines. The most
compatible domains are as follows:
- People who have no legal land use rights but possibly satisfy conditions of land legalization are allowed to get compensation for losses.
- Eligible displaced people are entitled to choose what form of compensation they want such as relocation to a better resettlement site or
receiving cash.
- New resettlement locations for displaced persons should have better infrastructure and public services than DP’s previous locations as
well as better living condition.
- There will be mechanism to assist PAPs/DPs during the transition period and keep people informed so that they can negotiate for
compensation and voice their grievances.
- For the PAPs who are not entitled to the compensation, the GOV has support policies in accordance with the WB policy to help them
restore their livelihood

Page 38
128. However, there are several differences between the GOV’s regulations and WB’s OP4.12 policies in terms of compensation, assistance
and resettlement. The following table summarizes differences between the two policies and measures for this project.

Table 15: Differences between GOV’s policies and WB’s policies on compensation, assistance and resettlement and proposed measures to be
applied for this project

Subject World Bank’s OP 4.12 Government of Vietnam Project Policies

1. Land

1.1.Policy objectives PAPs (Project Affected Not clearly mentioned. Livelihoods and income sources
Persons) should be assisted in will be restored in real terms, at
However, there is a provision of
their efforts to improve their least, to the pre-displacement
support to be considered by PPC to
livelihoods and standards of levels or to levels prevailing prior
ensure they have a place to live, to
living or at least to restore to the beginning of project
stabilize their living and production.
them, in real terms, to pre- implementation.
(Article 25 of Decree 47).
displacement levels or to
levels prevailing prior to the In case the amount of compensation
beginning of project for land is not enough for resettled
implementation. people to buy a standard
resettlement plot/apartment, they will
be financially supported to be able to
buy a minimum resettlement
plot/apartment (Article 86.4 of Land
Law 2013 and Article 27 of Decree
47)

The policy for land compensation is 1. User of illegal agricultural land


stipulated in Articles 75 and 77 of the used after 1/7/2004 and before the
a. Agriculture land: No land 2013 Land Law. cut-off date is assisted for livelihood
compensation but livelihood 1. Clause 2, Article 77 of the 2013 restoration not less than 60% of
assistance and other assistances Land Law stipulated: compensation value at replacement
to meet the objectives in OP4.12 For agricultural land used before July cost for the area of the affected land
1.2. Illegal land and land if the land was used before the 1st, 2004, of which users are to assist them in livelihood
not eligible for a land cut-off date; households or individuals directly restoration.
legislation b. Non-agriculture land: no engaged in agricultural production but 2. User of illegal residential land
compensation but user will get have not yet been granted a land use will get support equal to 30% of
resettlement assistance and other right certificate or are not eligible to be
compensation value of affected land;
assistances if the land was used granted certificates of land use rights
before the cut-off date. and ownership of houses and other on- and
land assets under this Law, shall be 3. Users of land will be considered
compensated for the actual land areas to get assistance for life subsistence
used and not exceeding the allotment
Page 39
Subject World Bank’s OP 4.12 Government of Vietnam Project Policies
quota prescribed in Article 129 of this and support for resettlement for
Law. displaced people

1.3. Compensation for Compensation at full cost for all No compensation but provision of Compensation at full replacement
structure illegally affected structures regardless of financial support depending on cost will be given for all affected
constructed or legal status of land use of the practical cases under decision of the structures if constructed before the
constructed on the PAP’s if the affected structures competent authority cut-off date, regardless of legal
illegal land were constructed before the cut- status of land use.2
off date.

2. Compensation

Compensation for lost land and Compensation for land at specific land Independent appraiser identifies
non-land assets including houses price of affected land; Compensation replacement costs for all types of
and structures should be paid at for living house at the cost enough for lands and assets affected, which are
2.1. Compensation rates
full replacement costs without constructing new house with similar appraised by provincial level land
for land and non-land
depreciation and deduction of technical standard; Compensation for appraisal committee and approved
assets
salvageable materials. other structures at current value but not by Provincial People’s Committees
exceed cost for new construction of the to ensure full replacement costs.
affected structure.

2.2. Assistance for Households losing 20% or more Households losing 30% or more of Households losing 20% or more of
severely affected of agricultural landholding agricultural landholding agricultural landholding (10% or
households (10% or more for vulnerable more for vulnerable households)
households) will be considered as severely
affected households to get
assistances for subsistence and
livelihood restoration.

2.3.Livelihood Provide livelihood restoration Provide other assistances and measures Provide livelihood restoration
restoration assistance assistances to achieve the policy for livelihood restoration as regulated assistances to achieve policy
objectives in Article 25, Decree 47/2014/ND-CP.. objectives,

2.4.Consultation, Consultation with and Focus mostly on consultation during 4. PAPs should be disclosed full
participation and participation of PAPs in implementation of resettlement information of the project, including
disclosure planning, implementation, and (consultation on draft plan of policy of resettlement, and involved
monitoring of the project, compensation, support and in all stages of the project,
including implementation of resettlement and plan for training,
resettlement. career change and facilitating job
searching); information sharing and
disclosure.

3. Grievane redress mechanism

2
In case, at time of construction of structure, local authorities have announced and prevented the construction and recorded by the minutes but household has not followed,
local government policy shall apply. If there is no minutes, WB policy shall apply.
Page 40
Subject World Bank’s OP 4.12 Government of Vietnam Project Policies

Grievance redress mechanism is Resolving complaints following the More effective grievance Redress
set forth for the project and complaint law of Viet Nam. The same mechanism is established, built on
should be independent. Governmental body makes decisions on the existing Governmental system
compensation and resettlement, and and the Bank’s GRS, with
also handle grievances at the first step. monitoring by an independent
monitoring agency.
However, complainants can go to court
at the second step as PAP wishes.

4. Monitoring & Evaluation

Internal and external monitoring Citizens are allowed to supervise Both internal and external
are required. and report on breaches in land use (independent) monitoring is to be
and management on their own (or regularly maintained (on a
through representative organizations), monthly basis for internal and
including land recovery, compensation, biannual basis for independent
support and resettlement (Article 199, monitoring). An end-of-project
Land Law 2013). However, there is no evaluation on the implementation of
explicit requirement on resettlement resettlement is required and
monitoring, including both internal and evaluation report will be prepared to
independent (external) monitoring. confirm whether the objectives of
OP 4.12 have been achieved.

4.4. Cut off date


129. The date of land acquisition announcement to affected households made by Ngu Hanh Son district PC is considered as the cut-off date
for affected person and asset elibible for compensation and support. At time of announcement, detailed design of the Project has been completed
and detailed measurement survey has been started. All that anyone moved into and/or asset created in the Project Area after the cut-off date will
not be entitled to compensation and assistance under the Project.

Page 41
PART 5: PROJECT POLICIES ON COMPENSATION, ASSISTANCE AND RESETTLEMENT
5.1. Eligibility
130. The eligibility for entitlement to compensation is determined by asset ownership criteria as follows:
(i) Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country. In the
consideration, it is also useful to document how long they have been using the land or the assets associated with it);
(ii) Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets provided that such
claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan;
(iii) Those who have no recognizable legal right or claim to the land they are occupying.
131. Persons covered under (i) and (ii) are provided compensation for the land they lose, and other assistance as stipulated in the Resettlement
Policy Framework. Persons covered under (iii) are provided with resettlement assistance in lieu of compensation for the land they occupy, and
other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established
by the borrower and acceptable to the Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other
form of resettlement assistance. All persons included in (i), (ii), or (iii) are provided compensation for loss of assets other than land that they
owned or used before the cut-off date.
5.2. Resettlement priciples of the project
132. The principles mentioned in the World Bank’s OP 4.12 and regulations of Government of Viet Nam are used for the preparation of the
subproject RAP, including:
- All Project Affected People (PAP) who have assets within or reside within the area of project before the cut-off date are entitled to
compensation or/and assistance for their losses. Those who have lost their income and/or livelihood will be eligible for livelihood
rehabilitation assistance based on the criteria of eligibility defined by the project in consultation with the PAPs. If, by the end of the project,
livelihoods of PAPs have been shown not to be restored to pre-project levels, additional measures will be provided.
- The compensation rates will be determined based on the results of independent appraisal of the land/crops/assets (associated with the land)
at time of resettlement implementation in a consultative manner. All fees and taxes related to land and/or house transfers will be waived
or otherwise included in a compensation package for land and structures/or houses or businesses. The local authorities will ensure that
PAP choosing self-relocation will obtain, without additional costs, the necessary property titles and official certificates commensurate with
similar packages provided to those who choose to move to the project resettlement sites with no additional cost.
- Land will be compensated in principle of “land for land” if the local land fund is available, or in cash if the local land fund is not available,
or according to PAP’s choice. Those losing 20% or more of their productive land will have priority to select the compensation of “land for
land” at equivalent value. Otherwise, the borrower shall confirm with WB there is no land for compensation. Those losing less than 20%
of their productive land will be compensated and assisted to restore their livelihood. The same principles apply for the poor and vulnerable
people losing 10% or more of their productive landholding.
PAPs who prefer “land for land” for residential land will be provided land plots in a new residential area nearby the original resident, and
cash adjustment for difference between value of their lost land and the land plots provided. The resettlement site will be planned properly
and implemented in consultation with the PAPs. All basic infrastructures, such as paved roads, sidewalks, drainage, water supply, and
electricity and telephone lines, will be provided.
- PAPs who prefer “cash for land” and self-relocation will be compensated in cash at the full replacement cost and an assistance amount for
leveling at their new residential area equivalent to the investment cost for basic infrastructure for a standard land plot in the resettlement
site, or at the rate decided by the local regulation, whichever higher amount. These PAPs will be assisted in livelihood restoration and self-
relocation.
- Compensation for all residential, commercial, or other structures will be offered at the replacement cost, without any depreciation of the
structure and without deduction for salvageable materials. Structures shall be evaluated individually. Any rates set by category of structure
must use the highest value structure in that group (not the lowest) to ensure PAP can build a new structure with similar technical standard
and category
- Households who have to relocate but ineligible for compensation for affected land and have not any land or house within the project
commune/ward will be entitled to buying a minimum plot or house in resettlement site and resettlement assistance in cash.
Page 42
- PAPs will be provided with full assistance (including a transportation allowance) for transportation of personal belongings and
assets, in addition to the compensation at replacement cost of their houses, lands and other properties.
- Additional efforts, such as economic recovery assistance, vocational training and other forms of assistance, should be provided to PAPs
losing income sources, especially to vulnerable groups, in order to enhance their future prospects toward livelihood restoration and
improvement.
- Full compensation and allowance must be provided to affected households prior to the land acquisition and site clearance.
- As the implementation of RAP is one of the project components, the project will not be considered complete until the RAP has been
successfully implemented and met OP 4.12 policy objective.
5.3. Compensation, assistance and resettlement policies
5.3.1. Compensation policy
5.3.1.1. Compensation for agricultural land
133. Household land: Currently, Danang City has no agricultural land fund for land-on-land compensation for agricultural land, so all affected
households eligible for compensation will be compensated in cash with 100% replacement cost. Specificially as follows:
134. Households and individuals that are using agricultural land when the State recovers land shall be compensated for the affected land in
accordance with the following provisions:
a) The agricultural land area to be compensated includes the area in the quota and the inherited land area; The compensation rate is
equal to 100% of the replacement cost;
b) Agricultural land area exceeding the quota prescribed in Article 129 of this Law will not be compensated for land but will be supported
under the Decision of the City People's Committee;
c) For agricultural land areas exceeding the quota as a result from land transaction before the effective date of this Law, the compensation
and support shall comply with the Government's regulations.
135. For agricultural land used before July 1, 2004, land users are households or individuals directly engaged in agricultural production but
do not have a certificate or are not eligible for a land legistration under the provisions of this Law shall be compensated for the actual land areas
being used, and the compensated areas must not exceed the quota for agricultural land allocation.
136. For cases of land use after July 1, 2004 to before the cut-off date, the affected households will get supports as regulated by the city
People's Committee but not lower than 60% of compensation value of affected land and are entitled to participate in the livelihood restoration
program.
137. Quota-exceeded area prescribed in item b) in Paragraph 63 above.
138. Agricultural land managed by Ward People's Committee3: Not compensated but provided support according to item 5.3.2.2 below.
5.3.1.2. Compensation for non-agricultural land4
- If affected land is eligible for compensation, affected people will be compensated in cash at replacement cost
- If affected land is not eligible for compensation, affected people will be supported in cash as prescribed by the City People's Committee.
5.3.1.3. Compensation for residential land
139. Land users eligible for compensation
- In case the entire area of residential land is acquired, or the remaining residential land area after land acquisition is not viable for living
as prescribed by the People's Committee of Da Nang City, while the affected households/individuals have no other residential land or
houses in the project area, the affected household/individual will be compensated at 100% of replacement cost for the whould afected
parcel and will be arranged with land plot in the resettlement site if they wish;

3 Decision 23/2019/QĐ-UBND
4 To be consulted further with the city policy on non-agricultural land

Page 43
- In case a part of residential land is recovered and the remaining land area is not viable for construction of a new house according to
planning of the local government, the State will acquire the remaining land area (if so desired) and the affected people will be compensated
in cash equal to 100% of replacement cost of the land;
- Land users who are eligible for compensation but the land is in dispute will be compensated at 100% of replacement cost and will receive
compensation after the dispute is settled.
- In case of a multi-generational household, many couples living together on a residential land plot, if they are eligible for separate
households according to the provisions of the residence law; or in case many households share the ownership of one affected land plot,
the affected people will be compensated at 100% replacement cost and will be considered for resettlement. The provincial People's
Committee shall base on the fund of residential land, resettlement houses and the actual situation in the locality to decide the level of
residential land and resettlement houses for each household.
- In case one part the affected residential land area is previously agricutural land which has not legalized as residential land, the affected
people will change the land use purpose of such land area into residential land within the highest residential land allocation quota, in
accordance with the approved land use plan. The household/individual accordance with the law on collection of land use fees.
140. Land users ineligible for compensation: The compensation board will synthesize specific cases of owner of residential land prior to cut-
off date but not eligible for compensation and submit to the City People’s committee for consideration for support, equal to 30% of compensation
value for afected land. If relocated household has not residential land or house within the affected ward/commune, household will be allocated
a standard plot in resettlement site and has to pay land use fee and supported for relocation.
5.3.1.4. Compensation for houses and structures
141. Houses/structures of affected households regardless of legal status will be compensated at replacement cost if created before the cut-off
date5. For houses and structures that are partially dismantled and the remaining area is not viable for accomodation (with specific confirmation
by Compensation, assistance and resettlement committee) will be fully compensated for the whole house at the replacement cost; for
houses/structures which are affected and the remaining part are viable for accommodation, apart from the compensation value for the dismantled
area, the affected people will be supported an additional amount equal to 30% of the value of the dismantled part for restoration of the structure,
or upgrade. The replacement cost is calculated for rebuilding a new house/structure without depreciation and a deduction for salvable materials.
5.3.1.5. Compensation for plant, crops and farm products
- Cash compensation at full replacement cost will apply. In case, aquatic animals that are not harvested at the time of land acquisition are
compensated for actual damage due to early harvesting; in case of being able to move, compensation for travel expenses and damage
caused by the movement must be provided;
- For livestock (including aquatic animals), at the time of land recovery, until the harvest time, there is no compensation, only support for
moving expenses for livestock. The Compensation Council must notify the displaced persons at least 06 (six) months in advance to
harvest the products.
- For affected trees that can be relocated to another location, the compensation level will include relocation costs plus actual damage (for
example, ornamental plants).
- For trees, flowers and vegetables grown on appropriated land or on unused land, which are managed by the People's Committees of
communes or wards, compensation will be paid if planted before the cut-off date, unless specifically agreed upon.
5.3.1.6. Compensation for labors when the establishment stops operation
- For registered economic organizations, production and business households hiring employees under indefinite-term labor contracts or
with a term of 1 (one) year or more and participating in social insurance, whose production and business are suspended due to land
acquisition, the laborers will be compensated during the time of production and business suspension. The compensation rate is not lower
than the regional minimum wage. Time to calculate compensation is 06 months at most6.

5
In case, at time of construction of structure, local authorities have announced and prevented the construction and recorded by the minutes, but household has not followed,
local government policy shall apply. If there are no minutes, WB policy shall apply.
6 Decree 141/2017/NĐ-CP
Page 44
5.3.1.8. Compensation for grave
- Compensation for relocation of graves will include costs of land, excavation, relocation, burial and other related costs in accordance with
customs and practices. The issues of customs, culture and compensation level when affected will be decided through consultation with
affected families/communities based on the regulations of the People's Committee of Danang City.
5.3.1.9. Compensation for other assets
- Other assets of the affected households such as telephone lines, water meters and electricity meters shall be compensated in cash according
to regulations
- Affected people with cable TV, internet access (subscribers) affected by the project will be compensated in cash with an amount equal
to the value of new installations.
5.3.1.10. Compensation for losses in construction phase
- For structures and land of private or community temporarily affected during the construction phase of the project there are two cases as
follows:
o If the impacts are caused by contractors: the construction contractor will be responsible for compensation for the affected assets at
replacement cost; and for temporary effects, the contractor will compensate for affected non-land assets and income lost during
temporary use period and have to reinstate the land to its original or better condition before returing to the affected households.
o If the impacts are not subjected to the contractors (i.e. design, construction requirement…): compensation for affected assets will
follow the resettlement plan.
5.3.1.11. Compensation for transportation cost when the State recovers land
142. Households and individuals subject to relocation when relocating to a new place of residence will be compensated for moving expenses.
- Relocation to a new place within the same district in Danang city: will get 3,000,000 (Three million) dong/household for transportation;
- Relocation to a new place other than the district or ward in Da Nang city, will get 4,500,000 VND (Four million five hundred thousand
dong)/household for transportation;
- In case of relocation of accommodation to other provinces and cities, compensation will be VND 10,500,000 (Ten million five hundred
thousand dong)/household
5.3.2. Support policy
143. In addition to direct compensation for affected assets, APs will get support/assistance for income restoration and life subsistence during
the transition period. Assistance includes, but is not limited to the following assistances.
5.3.2.1. Assistance for housing rent
144. For relocated households eligible to get support for life subsistance as stipulated in Article 30 of Decision No. 38/2017/QD-UBND of
Da Nang City, when resettlement site is not ready for relocation at time of handing over land, the relocated household will be provided rental
for temporary relocation as follows:
- Case 1: Relocated household who is eligible for compensation and support, already got the decision on land acqusition and relocation
and already handed over the land but not yet received land plot in the resettlement site (just allocated on map), and do not live in
temporary houses but self-rent houses will be provided with rental support of VND 1,800,000 (One million and eight hundred thousand)
dong/month/household. The rental support will be provided from the date when that household handed over land until they are arranged
land plot in the resettlement site, plus 6 (six) month assistance for construction of their new house. In case the number of rental support
days is not even, if ≤ 15 days, it will be rounded to half of a month, if it is> 15 days, then it will be rounded to 1 month. In case a
household is arranged with some plots in resettlement site, the rent support will be provided for the first land plot received only. Since
the date when the household gets their land plot in the resettlement site, they will continue to get the rent support for 6 months for
construction of their new house.
- Case 2: Relocated households who are eligible for compensation and support and have 10 (ten) or more household members will be
supported rental equal to 1.5 (one point five) times of the support of case 1 with the same duration.

Page 45
- Case 3: Relocated households who are not eligible for compensation and support, but have their own houses and auxiliary works located
within the main household's land parcel, or households who have had a separate decision on land acquisition, or had a house on the
affected land but not eligible for compensation of residential land will be supported rental equal to VND 1,500,000 (One million and five
hundred thousand) dong/month with the same duration of the case 1 above.
5.3.2.2. Assistance for acquisition of public land under management of ward/commune7
- For agricultural land managed by the People's Committees of communes and wards but alloted to households or individuals for
cultivation, they shall be entitled to 100% support according to agricultural land prices; in which, households and individuals farming
get 60% and the People's Committees of communes and wards get 40% (the support amount of 40% for the People's Committees of
communes and wards is paid into account of the commune/ward and only used to invest in construction of infrastructure works or the
public purposes of the commune/ward);
- For agricultural land managed by the People's Committee of the commune or ward, which has not been leased or allocated for production,
will be supported 100% according to the agricultural land price. The support amount shall be remitted into the account of commune/ward
and only used to invest in construction of infrastructure works and for public utility purposes of communes and wards.
- In case of the land under management of People's Committee of a commune or ward but not in the public land fund, being cultivated by
households and individuals and the cultivation is certified by PC as regularly and stable before the disclosure of land planning, a support
of 60% of the agricultural land price will be entiled to households and individuals who are using that land area (no support for career
change or life subsistence). ”
5.3.2.3. Assistance for life and production subsistence
There are two options of assistance that afected people can chose depending on whichever is higher:
Option 1: Households and individuals directly engaged in agricultural production when the State recovers agricultural land, including garden
and pond land (except land for aquaculture, forest land; 5% land, public land alloted to households and individuals for use), will get support for
life subsistence of VND 11,000/m² (eleven thousand dong/m²), but the maximum support area must not exceed 20,000 m2/household (Twenty
thousand square meters/household).8
- Option 2: Support based on percentage of loss of agricultural land:
- Affected households losing from 20% to 70% (10% to 70% for vulnerable households) of agricultural land will be supported for
6 months if they do not have to relocate and for 12 months if they are relocated;
- Affected households losing over 70% of the agricultural land will be supported for 12 months if they do not have to relocated and
for 24 months if they are relocated;
- The support for a family member is paid in cash equivalent to 30kg of rice per 01 month at the average price at the time they get
the support.
- Households and individuals who are compensated with agricultural land are supported to stabilize their production, including: Supporting
plant varieties and animal breeds for agricultural production, agricultural and forestry extension services, services of plant protection,
veterinary medicine, husbandry techniques and professional techniques for production and business of industrial and commercial
services.
- For households who have houses at the affected land and have permanent residence at the project ward/commune before the State recovers
the land, support to stabilize their life at the following levels:
o The support of 06 (six) months/person for households who have to relocate.
o The support of 3 (three) months/person for households who have only partially affected house, the rest can still be used.
o In case the house only is partially affected but the remaining house cannot be used, they must rebuild the whole house, full
compensation for the entire house will be made.

7 23/2019/QĐ-UBND, on amending and supplementing a number of articles of the provisions on compensation, support and resettlement when the State recovers land in Da Nang city, issued together with Decision No. 38/2017 /QD-UBND dated November 30, 2017
of Danang People's Committee (According to Article 24 and Article 25 of Decree No. 47/2014/ND-CP)

8
Decision No 38/2017/QĐ-UBND, dated 30 Nov 2017 of CPC Da Nang
Page 46
- For households who have houses at the site of clearance, have a household registration book in Da Nang city but have not transferred
their household registration to the ward/commune where the site is cleared and have a register of long-term temporary residence at the
police of the ward or commune places of land clearance, which must be relocated when the State recovers land, support the stabilization
of life according to regulations, including:
Where the former households had a household registration in Da Nang city but for some reason moved their household to another place,
now return to the old place, but are not eligible to re-register their permanent residence and have a register of long-term temporary
residence at the police of wards and communes where the clearance is supported with life as prescribed.
- Where there is a house at the site of clearance and a register of long-term temporary residence at the police of the ward or commune
where the clearance is located in Da Nang city
o If compensation for residential land is made according to regulations, support for life stabilization as prescribed.
o If no compensation for residential land is required, a temporary registration must be made at least 03 (three) years prior to the
clearance counting time.
- For households who have houses at the site where they have been relocated but have just been registered or have registered their temporary
residence after the time of tallying, they are not eligible for support for life stabilization. Particularly for the following cases where proof
is available, consideration and settlement of support for life stabilization shall be considered:
o Complete military service, graduate from University, College, High School, and return to his/her former home.
o Newborns.
o Just married, the daughter-in-law (or son-in-law) returns to stay at the husband's house (or wife's house).
o Cases where imprisonment sentences have been served or the time to focus on re-education is completed.
- 01 (one) month support for life subsistence for 01 person (s) is calculated in cash equivalent to 30 kg of ordinary rice at the market price
in Da Nang city. Department of Finance is responsible for announcing rice prices from time to time as a basis for calculation of support.
5.3.2.4. Support for vocational training and job creation for cases of agricultural land acquisition9;
- For annual crop land: The support level is equal to 2.0 (two) times of the annual crop land price.
- For perenial crops land: The support level is equal to 0.5 (zero point five) times the price of Land for perenial crops.
- For land with water surface for aquaculture: The support level is equal to 0.5 (zero point five) times the price of land with water surface
for aquaculture
- For production forest land: The support level is equal to 0.5 (zero point five) times the price of planted production forest land.
- Households losing more than 20% of agricultural land (or more than 10% for vulnerable households), in addition to the above-mentioned
supports, can also participate in the project of livelihood restoration program
5.3.2.5. Support for suspension of business operation
145. Economic organizations, production and business households operating in the area of land acquisition shall actually stop production and
business due to relocation or impact of land acquisition. In this case, they will be entitled to following support:
- Case 1: For business organizations and business households that pay corporate income tax at the monthly lump sum prescribed by the
tax agency, they will be entitled to 06 (six) months of corporate income tax already paid consecutively before the cut-off date (with
attached Receipt); In case there are not enough tax receipts for 06 (six) consecutive months, it shall be calculated according to the actual
tax amount already paid in consecutive tax payment receipts before the time of tallying.
o In case the households in the cleared area have registered their production and business but only pay the monthly fee, do
not pay the corporate income tax, they will not be entitled to compensation for suspension of business operation; instead
they will get specific supports under decisions of Danang City people's committee.
o For cases when clearance of land does not affect directly the business/production establishment, they will not be entitled
to support for suspension of business operation.

9
Article 31. Support for vocational training, job change and job seeking in the event the State recovers land

Page 47
- Case 2: For economic organizations and business households that pay corporate income tax on annual income, based on the financial
statement approved by the tax authority, the support level is equal to 30% (thirty percent) of the 01 (one) year of income after tax. The
income level of one year after tax is calculated on average of 03 (three) years preceding the time of tallying. If an economic organization
or household business has been operating for less than 3 (three) years, the after-tax income is based on the financial statements of the
years of operation. If the financial statement is not approved by the tax authority, the determination of after-tax income shall be based on
the financial statement and report on the results of production and business activities at the end of each year sent to the tax office.
- For economic organizations, households and individuals renting premises for production and business, the subsidies for stopping
production and business shall be equal to 50% of the levels prescribed for cases 1 and 2 above.
- Business households without business registration will be assessed and proposed the compensation level and support by the
Compensation Committee. The support level will be implemented under the Decision of the People's Committee of Da Nang City.
- The owner of the house and land for lease but does not have business registration will be assessed based on consultations with the
affected households and then proposed the compensation level by the Compensation Committee. The support level will be implemented
under the Decision of the People's Committee of Da Nang City.
5.3.2.6. Support for vulnerable groups
146. For policy households eligible to get support for life subsistence, the support level is:
- Following households get support of 7,5000,000VND/HH
o Households having at least 03 (three) relatives of martyrs;
o Households with meritorious services to Vietnamese heroic mothers;
o Households with 01 (one) war invalids of 1/4 rank;
o Armed force hero or Labor hero.
- The following households are supported 4,500,000 VND/househol

o Households with 02 (two) relatives of martyrs;


o Households with 01 (one) wounded soldier of rank 2/4.
- The following households are entitled to VND 3,000,000/household:
o The household has 01 (one) relative who is a martyr;
o Households with 01 (one) war invalids of 3/4, 4/4 grades, diseased soldiers of all kinds.
- In case a household has a member eligible for multi-supports mentioned above, only the highest support that person is entitled to.
- Poor households certified by local authorities receive VND 3,000,000 (three million) dong/household.
- Households with unexpected difficulties, female-headed households with dependents of the Compensation Committee specifically
examine and propose the City People's Committee to consider and decide the level of support.
- For relocated households, with the total value of compensation and support for damages of less than VND 50,000,000 (fifty million),
families of elderly, lonely, disadvantaged people, the Compensation Committee proposes The City People's Committee considers and
decides the specific difficulty level for support.
5.3.2.7. Support for pond and garden land not entitled to converting residential land10
147. For households and individuals whose acquired garden or pond land is in the same parcel of land with houses in residential areas but are
not entitled to be residential land; garden and pond land in the same parcel of land with separate houses; garden and pond land in the same parcel
of land with houses along canals and along traffic routes, apart from compensation at the price of agricultural land for planting perennial trees
or annual crops, they shall be entitled to a support in cash as follows:

10
Decision 23/2019/QĐ-UBND
Page 48
- 50% of the price of residential land in the same parcel of land with houses that are used by households and individuals before October
15, 1993;
- 30% of the price of residential land in the same parcel of land with residential houses used by households and individuals from October
15, 1993 onwards;
- The supported land area shall be calculated according to the actual recovered land area but must not exceed 5 (five) times of the new
residential land allocation limit in the locality. "
5.3.2.7. Support for self-relocated households
148. Households who opt to self-relocate will be provided transportation and rental supports as regulated during the waiting time for new
shelter if they do not have other places.
5.4. Incentive bonus for handing over land on time.
- Incentive bonus of 5% of compensation value for houses, auxiliary works, architectural objects, trees (excluding compensation value of
land and other support policies) for affected organizations, households and individuals with total compensation value less than VND
50,000,000 (Fifty million).
- Incentive bonus of 8% of compensation value for houses, auxiliary works, structures, trees (excluding compensation value of land and
other support policies) for affected organizations, households and individuals with compensation amount from VND 50,000,000 (Fifty
million) or more. The maximum incentive bonus must not exceed 8,000,000 (Eight million) dong/household.
- For tents, shops and gardens, forests must be cleared, the incentive bonus is equal to 50% of the above-prescribed levels but not exceed
VND 2,500,000 (Two million and five hundred thousand dong)/household.

Page 49
Table 16: Project’s entitlement matrix

No Type of loss Application Type of affected household Compensation policy Implementation step

A. Project’s compensation policy

Residential land Residential land eligible for Non-relocated household Compensation in cash for the acquired land Independent
permanently acquired compensation area, equal to 100% of replacement cost evaluation agency to
determine replacement
Relocated household Compensation in cash for the acquired land costs for land and
area, equal to 100% of replacement cost other assets to pay
In case the remaining residential land area is not compensation
viable for construction of new house, the AHs must be notified
affected household/individual will be at least 180 days in
compensated at 100% of replacement cost for advance before the
entire affected land parcel and eligible for land acquisition
resettlement; commencement.
In case the affected households have
agricultural land adjacent to the affected The allocation of
1. residential land but this agricultural land is not resettlement plots
eligible to be residential land, the affected should take into
household will be able to convert land use consideration the
purpose to residential land (within quota for needs of separated
residential land), in line with local land use households;
planning.
Compensation and
In addition, affected people will get allowances must be
resettlement supports paid one time before
relocation.

Residential land not eligible to be Non-relocated household No compensation for land but supported at If the household has to
compensated least 30% of the compensation value of the relocate and does not
afected land at replacement cost have land or other

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No Type of loss Application Type of affected household Compensation policy Implementation step
houses in the project
Relocated household No compensation for land but will be supported
commune/ward they
at least 30% of the compensation value of the
will be entitled to
afected land at replacement cost; and provided
geting a standard plot
resettlement allowance.
of land in the
resettlement site and
have to pay land use
fees.

Residential land in dispute Compensation as in policy but compensation is


only paid after the dispute is settled.

Non-agricultural land Eligible for compensation Compensation in cash for the acquired land
area, equal to 100% of replacement cost
2.
Not eligible for compensation No compensation but will be supported in cash
at levels in regulation of PC of Danang city;

Agricultural land Eligible for compensation Compensation in cash for the acquired land To notify affected
area, equal to 100% of replacement cost households 90 days
In addition, affected people will get supports before taking land
such as subsistence, vocation training and job
placement.
Those losing 20% (from 10% for vulnerable
households), addition to compensation will be
entiled to participation in the project's
livelihood restoration program.
Please refer to 5.3.1.1

Not eligible for compensation Land used before July 1, 2004 will be
compensated at replacement cost.

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No Type of loss Application Type of affected household Compensation policy Implementation step
Land used after July 1, 2004 up to the cut-of
date will not be compensated for land but get
support for livelihood restoration equal to 60%
of replacement cost and compensation for on-
land assets at replacement cost. AND
participated in the project's livelihood restoration
program

Structure/house Totally affected For houses and structures that are entirely or No depreciation
partially dismantled but the remaining area is and/or deduction for
not viable for accomodation will be salvegeable materials
compensated for entire house at replacement shall apply.
cost regardless of legal status if created before
the cut-off date

Partially affected For houses/structures which are partially


4. affected and the remaining part is viable for
accommodation, will be compensated for the
dismantled part and supported an additional
amount equal to 30% of the value of the
dismantled part for restoration of the remaining,
or upgrade. The replacement cost is calculated
for rebuilding a new house/structure without
depreciation and a deduction for salvable
materials

Plants, crops, husbandry Affected plants, crops, husbandry Regardless legal status of land and Compensation in cash at replacement cost for
created/planted before the cut-off date plant and husbandry if not able to havest or
relocated at time of land acquisition.
5 For affected plants that can be relocated to
another location, the compensation will include
relocation costs plus actual damage (for
example, ornamental plants).

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No Type of loss Application Type of affected household Compensation policy Implementation step

Grave Affected grave Individual/household with affected grave Compensation for relocation of graves will Relocation of graves
include costs of land, excavation, relocation, must be consulted with
burial and other related costs in accordance and consent of
with customs and practices as regulated by Da affected households
Nang city
For grave buried less than 01 year (according to
the death certificate), the additional support is
VND 5,000,000/grave;
6
For grave with burial time from 1 to 3 years
(according to the death certificate), the
additional support for each grave is VND
3,000,000;

For ownerless graves, the CARC will


coordinate with the City Cemetery Committee
to move in accordance with the City People's
Committee regulations.

Compensation for labors Laborers contracted by production and Compensated at the basic wage for 06 months support for vocational
when the establishment business establishments and participate in at most training
stops operation social insurance premiums

7
Laborers without labor contract Laborers without labor contract, but having
working in a period of 6 months or more will be
considered to get support. The support level and
form of support are based on the decision of the
City People's Committee.

Page 53
No Type of loss Application Type of affected household Compensation policy Implementation step

Compensation for other Electricity line, water, telephone, Affected household/organization Other assets of the affected
assests internet households/organization such as telephone
lines, water meters, electricity meters/line cable
8 TV, and internet access shall be compensated in
cash to install the new one with similar
technical standard.

Compensation for losses in Temporary impact Affected Contractor will be responsible for Contractor could
construction phase household/individual/organization compensation and reinstate the land to its negotiate with affected
9 original or better condition. households on
compensation, if it is
failed, RAP’s
Permanent impact The Contractor is responsible for compensation regualations shall be
of the affected assets at replacement cost. applied

Compensation for Transportatioion fee Relocated households Compensation of 3,000,000VND/household This is a lumpsum of
transportation for transportation when relocating to a new compensation amount
place within the same district;
Compensation of 4,500,000VND/household
10 for transportation when relocating to a new
place in other district within Da Nang city.
Compensation of 10,500,000VND/household
for transportation when relocating to a new
place in other city/province

B Project’s assistance policy

For relocated households who have handed


Support for temporary over land to the project but resettlement site is
1. Temporary relocation Relocated households
dwelling/rent house not ready for relocation, they are allowed to
arrange temporary houses or rented apartment
Page 54
No Type of loss Application Type of affected household Compensation policy Implementation step
buildings of the State or get housing rental as
follows:
(i) rent assistance of VND
1,800,000/household/month. The period of
rental support is calculated from the date of
handing over the land until allocated plot in
resettlement site, plus 6 month rental allowance
for constructing new house;
(ii) Household having 10 (ten) or more members
will be supported with rental equal to 1.5 (one
point five) times of this level with the same
support duration.
(iii) Affected households are not compensated
or assisted at the price of residential land, but
have their own houses and auxiliary works
within the main household's land area, or
households have a decision on land acquisition;
Houses on land which are recovered but not
compensated for residential land shall be
supported with a rent of VND
1,500,000/month. The duration of support is as
provided for in case (i) above.

Land allotted to household and individual Support of 100% of agricultural land price, of
for culation which 60% is provided for affected households
and 40% for the People's Committee of the
2. Support for acquisition of commune/ward (this amount will be remitted
public land under into the accound of the commune/ward) to
management of invest in constructing infrastructure works to
ward/commune serve the public utility of the commune/ward.

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No Type of loss Application Type of affected household Compensation policy Implementation step

Land under management of Support 100% at the price of agricultural land


ward/commune but not allotted or (this amount will be remitted into the accound
contracted for household’s cultivation of the commune/ward to invest in the
purpose construction of infrastructure works for the
public utility of the commune/ward.

Households and individuals are directly Support 60% of the price of agricultural land
using for production for households and individuals directly
engaged in production.

Support for production and Household losing agricultural land Severely affected households The support will be (i) based on area of the
life subsistence affected agricultural land, or (ii) based on
percentage of loss of land, whichever higher
support.
Please refer to 5.3.2.3 for details.

For relocated households For all households who have to relocate to be Rice prices are
provided a support equivalent to 30kg of calculated according
3
rice/person/1 month for 06 months. to the market price at
For households who have to build houses on the the time of
remaining area, they are supported with 30kg of compensation
rice/person/month for 3 months for all members
of the household.
For households who self-relocate will be
provided with transportation and rental supports
as regulated during the waiting time for new
shelter if they do not have other places.

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No Type of loss Application Type of affected household Compensation policy Implementation step

Support for vocational Household losing agriculture land All affected households For annual crop land: The support level is equal
training, change career and to 2.0 (two) times of the annual crop land price.
job seeking For Land for perenial crops: The support level
is equal to 0.5 (zero point five) times the price
of Land for perenial crops.
For land with water surface for aquaculture:
The support level is equal to 0.5 (zero point
five) times the price of land with water surface
4 for aquaculture
For production forest land: The support level is
equal to 0.5 (zero point five) times the price of
planted production forest land.
For severely affected households, in addition to
the above-mentioned supports, can also
participate in the project of livelihood
restoration program

5 Support for suspension of Production, business Registered businesses For business organizations and business
business operation household/establishment households that pay corporate income tax at the
monthly lump sum prescribed by the tax
agency, they will be entitled to 06 (six) months
of corporate income tax already paid
consecutively before the cut-off date
For economic organizations and business
households that pay corporate income tax on
annual income, based on the financial statement
approved by the tax authority, the support level
is equal to 30% (thirty percent) of the 01 (one)
year of income after tax

Page 57
No Type of loss Application Type of affected household Compensation policy Implementation step
For economic organizations, households and
individuals renting premises for production and
business, the subsidies for stopping production
and business shall be equal to 50% of the levels
prescribed for level (i) and (ii);

Non-registered businesses they will get specific supports under decisions


of Danang City people's committee.

6. Support for vulnerable Support for vulnerable group Affected household *) Following households get support of In case a household
group 7,5000,000VND/HH: has a member eligible
- Households having at least 03 (three) relatives for multiple levels of
support mentioned
of martyrs;
above, only the
- Households with meritorious services to highest level of
Vietnamese heroic mothers; support that person is
- Households with 01 (one) war invalids of 1/4 entitled to.
rank;
- Armed force hero or Labor hero.
*) The following households are supported
4,500,000 VND/household:
- Households with 02 (two) relatives of martyrs;
- Households with 01 (one) wounded soldier of
rank 2/4.
*)The following households are entitled to
VND 3,000,000/household:
- The household has 01 (one) relative who is a
martyr;
- Households with 01 (one) war invalids of 3/4,
4/4 grades, diseased soldiers of all kinds.

Page 58
No Type of loss Application Type of affected household Compensation policy Implementation step
- Poor households certified by local authorities
receive VND 3,000,000 (three million)
dong/household.
*) For other subjects such as households with
unexpectedly difficult circumstances,
households whose houses are being relocated,
the value of compensation of less than VND 50
million, families of frail elderly people,
disadvantaged people, single women household
heads with dependents, the compensation
council proposed the City People's Committee
to consider to support specific difficulties.

7. Support for garden and For garden and pond land in the same parcel of The supported land
pond land not recognized as land with houses in residential areas but not area shall be
residential land recognized as residential land; garden and pond calculated according
land in the same parcel of land with separate to the actual recovered
houses; garden and pond land in the same land area but not
parcel of land with houses along canals and exceeding 05 times the
along traffic routes, apart from compensation local new land
according to the price of agricultural land for allocation limit.
annual crops or perennial trees, they shall be
provided with the following assistance:50% of
the price of residential land in the same parcel
of land with houses of households and
individuals before October 15, 1993;
30% of the price of residential land in the same
land plot with houses of households and
individuals used before October 15, 1993
onward.

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No Type of loss Application Type of affected household Compensation policy Implementation step

8 Incentive bonus for early Incentive bonus Households that hand over the site on time Bonus 5% of the compensation value of houses,
handover the site or before schedule auxiliary structures, architectural objects, trees
for organizations, households and individuals
with a total compensation value of under VND
50 million;

Bonus 8% of the compensation value of houses,


auxiliary structures, architectural objects, trees
for organizations, households and individuals
with a total compensation value of under VND
80 million. The maximum reward level must
not exceed 8 million VND/coral;

For tents, shops, gardens and forests, the reward


level must be cut down by 50% of the above-
prescribed levels, but not exceeding VND
2,500,000/household.

Page 60
PART 6. INCOME RESTORATION PROGRAM
6.1. Objective
149. The objective of the program is to help AHs, especially severely affected households recover their income and restore their lives at least
equal to or greater than before the project
150. The budget for implementing the income restoration program will come from the city budget and be included in the project compensation
costs.
6.2. Target participants of the program
151. The project will relocate many households, including houses, structures and productive land. All relocated households are included in
the Livelihood Restoration Program (LRP) to achieve the above goals.
152. There will be 468 households participating in the Program. In order to identify people’s demands for support, the Consultant carried out
a survey to assess people’s need for an appropriate income restoration program. People’s needs/demands will be updated at the time of
implementation to help the Program achieve its goals.
153. Information to be collected is demographic characteristics of HH members such as income and source of income, age of family members
and educational level and occupation; potential impacts on income/occupation and the need for income restoration and livelihoods. In this section,
we will focus on analyzing the specific structure of occupations, occupational skills, education levels of members aged 18-65, including 1040
people and their needs for LRP.
6.3. Results of the survey on people’s demand for income restoration
154. The total number of people at this age is 1040, including 508 male (48.8%) and 532 females (51.2%).
155. The number of employees under 40 accounts for over 50%; 40-50 year old group accounts for over 20% and the remaining 26.5% is for
age group over 50-65 year old.
156. According to the assessment, the challenging age of the Livelihood restoration Program is the group of 40-50 years old because at this
age, they still have family role while finding jobs/participating in vocational training is more difficult than the younger group.
157. For those over 50 years of age, finding or changing jobs is naturally difficult, but in this group, almost all of them have fulfilled their role
in family (raising children, saving, children already grown up…) so they can support to look after grandchildren, do housework if they are
jobless.
Table 17: Labor structure in gender and age

Survey result
Age Unit
Total Male Female
SL 567 287 280
Under 40
% 54.5 56.5 52.6
SL 232 121 111
40-50
% 22.3 23.8 20.9
SL 241 100 141
Over 50-65
% 23.2 19.7 26.5
SL 1040 508 532
Total
% 100 48.8 51.2
Occupational structure by age:
158. There are two groups of occupations that occupy the highest proportion are self-employed (30.3%) such as motorbike, taxi drivers,
vendors, construction workers, transporters ... and farmers (17.4%).

Page 61
159. The popular age working in agriculture is over the age of 40. As mentioned above, the age group above 40 is a challenge of the Income
Restoration Program. On the other hand, the majority of them are farmers, not trained. Thus, one more reason this group of objects becomes a
challenge of the Program.
Table 18: Occupational structure by age

Worker/ser

Housewife
establishm
structure

Freelance

Business

business

Student
Farmer

small

Total
Staff
Unit
Age

vice

ent
SL 26 28 105 198 78 49 52 31 567
< 40
% 74.3 15.5 92.1 62.9 76.5 42.6 35.4 100 54.5

SL 5 41 9 70 24 35 48 0 232
40-50
% 2.2 17.7 3.9 30.2 10.3 15.1 20.7 0 22.3

SL 4 112 0 47 0 31 47 0 241
>50-65
% 1.7 46.5 0.0 19.5 0.0 12.9 19.5 0 23.2

SL 35 181 114 315 102 115 147 31 1040


Total
% 3.4 17.4 11.0 30.3 9.8 11.1 14.1 3.0 100.0

160. It can be seen that, for occupation group 1, the group of officials and employees, almost no influence. This group accounts for a low rate,
3.4%.
161. Group 2: Agricultural group: this is the group completely affected, losing their livelihood; new livelihood is required. This group has a
relatively high average age, mainly over 40 years old; the level is not high; No other professional experience. This group accounts for 17.4%.
162. Group 3: Group of workers/salespeople: This group is the group with monthly salary, relatively stable. The impact level is not much and
it is not recognized that the group needs to change
163. Group 4: Freelance: this group is quite young on average. Described jobs include technology motorbike taxi, construction worker,
transportation ... This group is also not affected much on livelihoods; However, some wishing to startup as small businesses
164. Group 5: Business (not in residence): This group accounts for nearly 10%. Except for disturbing lives due to resettlement, the jobs of this
group are highly likely to remain. The group needs access to capital to expand their business
165. Group 6: Small-scale home-based businesses, this group accounts for 14.1%. Similar to the agricultural group, this group will suffer from
loss of livelihoods. However, with this group, it is feasible to re-create old livelihoods, only necessary support can be stabilized.
166. In short, it can be seen that the Program's challenges will be the elderly age groups working in agriculture and small home-based
businesses Because this is the object of losing all means of production due to the impact of recovery, especially the agricultural group, it is
necessary to change entirely new livelihoods because there is no alternative agricultural land.
167. However, as a city of tourism, especially resort tourism, there has been arising demand for skilled labor to take care of the homes and
gardens of the resorts. This is a career opportunity for workers over 40 years old.
168. Demand for income restoration support:
Table 19: People’s interest in options for income restoration

No Description Age groups

Page 62
Number of
interested Over
people 18-22 23-30 31-40 40-50 50
Access to small capital
1 (under 10 million VND) 281 0 77 93 76 35
Access to large capital
2 (over 10 million VND) 255 1 66 83 77 28
3 Vocational training 235 4 112 71 37 11
Provision of information
4 and job placement 500 4 203 240 50 3
Support business
5 registration guide 222 4 103 101 13 1
169. The above is a summary of concerns about livelihood restoration options of affected household members. People’s needs shall be updated
at the time before deployment of site clearance, resettlement and during construction, etc. to ensure the effectiveness of the livelihood restoration
program.
6.4. Activities of the program
6.4.1. Establishment of a savings and loan team using the National employment fund11
170. This activity aims to support access to small capital of less than VND 10 million for affected families who wish to do business but not
having asset for mortgage. The term of loan support is 5 years. To ensure loan repayment, savings groups will be set up and help households
repay loans on time and at the same time increase disciplined assets through daily savings.
Table 20: Stakeholders, roles and responsibilities:

No Stakeholer Role

1 - Update needs, guide households on the initial procedures


PMU - As a coordinating agency, connecting the needs of households and
stakeholders so that households can access loans
2 Women union - To be prestigous guarantee for the loan disbursement
- Preside over organizing reviews and lending to households
- Establish and organize savings group activities
- Supervise the operations of the loan team
3 People's Committee of Hoa Quy ward
- Establish and dissolve the management board of the savings loan group
- Direct, manage and check directly the borrowing and saving groups
4 - Monitor and supervise the activities of the group, at the same time
Policy bank coordinate with the People's Committee of the commune and the Union and
the Association to organize the training to improve the professional and
managerial level for the group management.
5 - Popular
Loan group - Being authorized to collect interest and savings by the Bank, monthly
interest and savings deposit will be collected from group members, then
11 Decision No. 63/2015/QD-TTg, dated December 10, 2015 of the Prime Minister on policies of supporting vocational training and creating jobs for laborers affected by land acquisition.

Page 63
submitted to the Bank on the fixed transaction date at commune transaction
points. .
6
Household participation - Households who want this loan voluntarily join the savings credit group

Implementation arrangement
Step 1: The Project Management Unit coordinates with the Ward People's Committee and the Women's Union to obtain people’s wish to join in
the savings loan group
Step 2: Ward PC establishes a management board
Step 3: Prepare necessary forms, books and documents with support from the Management Board and Policy Bank
Step 4: Establish credit and savings groups
Step 5: Conduct a meeting, disseminate the project's objectives and contents, regulations ... so that everyone can understand and voluntarily
commit to the project. Determine the amount of savings/day for each household or loan.
Step 6: Make a list of loan periods
Step 7: Meet the mortgage loan requirements
Step 8: Disbursement and cash flow management
Accordingly, households will be guided to make plans to use capital, save capital, economically manage, spend in households, and plan
production and business.
6.4.2. Support for access to loans for business operation
171. For large loans, apart from the Social Policy Bank, the Bank for Agriculture and Rural development and other commercial banks also
have programs for people affected by land acquisition and for development of the country.
172. Through preliminary assessment, over 250 people shown their interest in getting a big financel to develop businesses of different sizes
and industries.
173. The project will carry out activities to support access to and link loans to affected households in need. Activities include:
- Organize seminars to connect representatives of banks/funds and affected people to provide information on the access to loans before
compensation and site clearance. About 8 workshops are expected to be held.
- PMU will be responsible for organizing the Workshop with banks and is responsible for providing information to affected people in need
of access to loans.
6.4.3. Support for vocational training
174. Over 200 people of working age want to receive vocational training. Specific needs will be assessed during project implementation to
organize vocational training courses. Currently, in the city of Da Nang, there are many vocational training centers/institutions that meet the
market demand very well. Some training units are recorded as follows:
- Training and Vocational Center 579 - Vocational training center in Da Nang
- Car Driving Vocational Center (MASCO Motorcycles) - Da Nang
- Danang Vocational College - Vocational training center
- STC Center - Danang Vocational Training Center
- Da Nang Vocational Education Center - Vocational training in Da Nang
- Saigon Beauty Center - Vocational Training
- Danang Technological Vocational training College
- Vocational College No. 5 - Vocational College in Da Nang
- Viet Tin Computer Center - Vocational training center in Da Nang

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- Career Asia - Europe Vocational Training Center in Da Nang
- Trang Nail Spa – Vocational training center in Da Nang
Training courses usually last in 3 months with cost varying from 7 to 10 million VND/course
6.4.4. Provision of information and job placement
175. The PMU will update the employment needs in the area, including contractors of the project. If the affected people want to work for the
project, they can directly engage in recruitment or PMU will transfer the list to the contractors. The PMU will also discuss with construction
contractors to provide appropriate jobs for affected people if they need it. Commune People’s Committeeand local mass organizations will be
the key point in informing and recruiting laborers of the units who are in need of laborers.
6.4.5. Support for business registration
176. Households wishing to register their businesses will be supported and guided to complete the procedures as quickly as possible, creating
favorable conditions for the business to start
6.5. Budget for program implementation
177. Estimated budget for the Income restoration program is VND 1,694,000,000 including training, seminar, management, and supervision
and evaluation costs.
Table 21: Cost estimate for program implementation

Description Unit Quantity Unit price Amount

Establishment and
operation of the
savings and lending
team (budget for 1 -2 Year 2 50,000,000 100,000,000
years) after deduction
of interest for
operation

Organizing
workshops on
Workshop 8 30,000,000 240,000,000
accessing business
loans

Vocational training Person 200 6,000,000 1,200,000,000

Contingency 10% 154,000,000

Total 1,694,000,000

178. Budget for implementation of the income restoration program is taken from counterpart fund of Danang City
6.6. Implementation plan
179. The income restoration program is expected to be implemented after compensation payment to affected households, lasting up to 5 years
or until the Program targets are reached. Activities include: Updating needs; Organizing workshops to access capital; conducting vocational
training; and perform routine management.

Page 65
180. Implementing agency: The Project Management Unit will coordinate with relevant agencies such as the Department of Labor, Invalids
and Social Affairs, vocational training institutions, the People's Committee and the Women's Association of Hoa Quy ward. to implement the
Program.
6.7. Monitoring and evaluation
181. The income restoration program (IRP) will be regularly monitored by the PMU and the independent monitoring and evaluation
consultants every 6 months from the commencement until the end of the program. The objective of monitoring and evaluation is to examine the
effective implementation of program activities in order to promptly adjust the proposed activities to meet the program's objectives. The content
of monitoring and evaluation will be included in TOR for the independent monitoring consultant.

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PART 7: RESETTLEMENT
7.1. Principle for selection of resettlement site
182. Concentrated resettlement sites must build synchronous infrastructure, ensure construction standards and regulations and suit to local
conditions, customs and practices, specifically as follows:
- Locations for building resettlement sites in accordance with the local planning
- Living conditions in resettlement sites must be better than the old places of relocated households, including transportation, education,
health, trade ...;
- Relocated households in a short distance to ensure the customs, the lifestyles of relocated households are stable, not disturbed and changed
much.
7.2. Development of the resettlement site
183. The project of University of Danang Village is a large-scale project with a multi-year planning, so at present, to implement the project,
preparation of a resettlement site is an important issue.
184. The UD village project has been planned since 1997. So far, Da Nang City has conducted many consultations with affected households
on the location of the resettlement site. As a result, location of the resettlement site has been selected and included in the city's master plan.
185. During the preparation of this subproject, the consultant consulted with local people and stakeholders. Consultation results shown that
all households agreed with the option the resettlement site to be constructed in Hoa Quy ward. However, if the resettlement site is not available
at the time of land acquisition, to ensure the project's progress, some households can be relocated to the existing resettlement sites in the project
ward. Specific information will be updated during implementation.
186. Content of the public consultation is focused on the following:
- Resettlement options for people to choose;
- Location of resettlement site, advantages and disadvantages if resettlement in new place.
7.2.1. Location and demand for resettlement
187. The subproject will relocate 468 households. Currently, all households have demand for resettlement in resettlement sites.
188. A resettlement site with area of 12ha will be built right in Hoa Quy ward, next to the subproject area. The distance of the farthest
household to the resettlement site is about 2.5 km. This resettlement site is invested by the City People's Committee in a separate project which
is considered associated with the UD subproject.
189. In general, due to previous consultations on the relocation site, the people confirmed that such resettlement site is very reasonable and
suitable for people to arrange their lives. The location of the resettlement site is selected in accordance with the wishes of the households. The
transportation system in these areas is quite convenient, the arrangement of resettlement sites near the old places of the households will help the
lives not to be disturbed too much in terms of livelihood, access to education, health care, markets ... In addition, the religious place of the
majority of households in Hai An Pagoda was also relocated to this resettlement site, facilitate people’s agreement with the project.
190. People's comments mainly focus on the progress of resettlement implementation and site clearance.
7.2.3. Construction of Resettlement site
191. Under the 2013 Land law, resettlement sites must be built with adequate infrastructure before land acquisition to ensure that resettled
households do not have to temporarily relocate. In case, construction of resettlement site cannot be completed before taking land due to irresitible
reasons, housing rent will be provided as mentioned in the entitlement matrix.
192. The resettlement site is expected to be constructed in the year 2020—2021. The UD-PMU is responsible to coorparate with the owner of
the resettlement site to ensure land acquisition and construction of the resettlement site in compliant with the RAP and progress of the subproject.
7.2.4. Issuance of land use right certificate
193. According to the regulations of the Government of Vietnam, for households to be arranged with the resettlement land plot in the
resettlement site, the District People's Committee will issue LURC when the relocated household paid the land use fee for allocated plot.
Household could pay land use fee by instalment within 5 years for LURC. LURC must include name of both husband and wife.

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7.2.5. Environmental issues when constructing resettlement site
194. During construction and orperation phases, following potential environmental impacts may occur. The UD-PMU, external monitoring
agency and engineering supervision consultant are responsible to monitor the implementation of mitigation measures for environmental impacts.
Table 22: Environmental issues in the areas

No. Impact Mitigation measures


I Construction phase
The leveling process can pollute surface and groundwater in
the area and surrounding air quality. The process of leveling and construction should be carried out in a
closed line, restricting overflowing water from outside causing
1 water pollution. Spraying water to reduce dust generated in areas
near people's houses and roads.

The construction should be done according to the prescribed time,


Noise and smog during construction affect the surrounding air avoiding construction at lunch breaks or construction in the
2 quality evening. Construction equipment and devices need to ensure
technical standards to limit noise and dust.

The construction is guaranteed not to affect the houses, using


Construction machinery can cause shocks to damage nearby
technical measures to reduce vibration, vibration during
3 structures
construction.

The generation of construction wastes and domestic wastes of Collect domestic solid waste during construction and domestic
4
workers causing environmental pollution waste for proper treatment
The vehicle carrying materials, sand and dust does not cover Vehicles carrying materials should have a canvas to prevent
5 the spillage of dust and exhaust emissions, causing air spillage during transportation. In the dry season, water regularly to
pollution and traffic congestion. reduce dust. Reasonable traffic division to avoid traffic congestion
Training on labor safety for workers; Fully equip labor protection
Health and safety issues for workers and the community devices for workers;
6
during the construction phase Raise awareness for workers and the community about social
diseases such as HIV/AID; respect indigenous culture.
II Operation phase
The increase in domestic waste from daily activities of the
people Organize local public service units to collect domestic and solid
1
waste everyday

The population increase in the area will affect the security and
2 Strengthen management, patrol and control to ensure local
order situation
security and order

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PART 8: INFORMATION DISSEMINATION, PUBLIC CONSULTATION AND PARTICIPATION
8.1. Objectives of information dissermination and public consultation
Objective
195. This is very important activity of the project with following objectives:
- Ensure that the community is well known about the project information and project resettlement policy;
- Help the community understand the project’s importance in the local socio-economic development, create a high consensus of the
community on the project and opportunities for community participation in the project implementation; reduce the possible conflicts and
minimize the risk of project delays;
- Contribute comments on the implementation of compensation, assistance and resettlement to meet the needs of AHs, maximize benefits of
the project.
Requirement
196. The implementing agencies are required to provide full and timely information about the project's potential risks and impacts, as well as
the project's compensation, assistance and resettlement policy to those affected people and stakeholders in form and language understandable to
the affected people.
8.2. Disclosure, consultation and Participation procedures
8.2.1. Public consultation during project preparation
Methods of implementation:
197. Information dissemination and public consultation methods include rapid assessment with involvement and consultation of stakeholders,
using site-based techniques and household meetings and site visits, public meetings, focus group discussions, and socio-economic surveys.
198. Participants were consulted including: representatives of local authorities and mass organizations at all levels, affected households,
students and teachers of the university.
Consultation contents:
199. The consultation focused on the following main contents: (i) project’s proposed components, including objectives and proposed work
items; (ii) potential impacts and mitigation measures- especially consultations regarding resettlement and relocation of graves, ancestral houses
and religious facilities; (iii) General information on the policy framework that will be used for compensation, assistance and site clearance; (iv)
grievance redress mechanism;
200. 60 affected households were consulted in the form of group discussion on the above contents; 17 students who are housing renters. There
are 200 households surveyed through interview by questionnaire about their socio-economic status. These are households who will be relocated
under the project.
Consultation results:
201. The results of consultations show that the people were very upset about the delay in implementation of the University of Danang Village
project, which led to their very difficult living conditions due to the lack of construction and repair of houses. People expect the project to be
implemented soon so that they can stabilize their lives and develop their economy.
202. The main issues people all concerned about are the compensation, assistance and resettlement policy. Resettlement and site clearance
progress is a top concern of affected households. People want a stable life where they can build house, have a clean walkway, and have a
hygienic living environment.
203. People are also interested in the policy of separating households when the compensation, assistance and resettlement is implemented;
compensation policy; support policies for business households and people’s needs for new livelihoods when they lost their old livelihoods,
especially households working in agriculture and small home-based businesses.
204. People also expressed concerns about assistance when graves are relocated to the city's central cemetery in Hoa Ninh. Based on the
provided information such as compensation policy, assistance for relocation of the grave; relocation location and information previously provided
by the local authorities, people all agreed with the project's relocation policy.

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205. Local authorities and consultants have listened, discussed and responded to people's comments as needed in the project preparation phase.
Consultation minutes and brief content of consultation are attached in the Appendix. The interests of those affected by the project raised in the
consultations were reflected in the RAP.
8.2.2. Public consultation mechanism during project implementation stage
206. As requested by the World Bank, the resettlement action plan in Vietnamese language will be disclosed publicly at the PMU office, the
town people's committee and the relevant wards/communes and project website before and after approved by the the WB and PPC. The English
version will be disclosed on the Bank’s external website prior to and after project appraisal.
207. During the project implementation, the PMU, with the support of the Consultant, will undertake the following tasks:
- Provide information for the town’s Compensation, Assistance and Resettlement Committee (CARC) and local government at all levels
through workshops, and training.
- Coordinate with the town’s CARC/Land Fund Development Center (LFDC) to organize information dissemination and consultations for
all affected persons during the project’s implementation.
- Coordinate with the CARC/LFDC to update compensation unit costs and reaffirm the scale of land acquisition and impact on assets based
on the detailed measurement survey (DMS) and conduct consultations with the affected persons.
- After completetion of compensation plan preparation for affected households, the PMU/ CARC/LFDC will publicize of the plan through
meeting with affected persons and send a copy of the plan to them for comment. The compensation plans will be also posted at the ward
people's committees at least 20 days. In case all affected people agree with the compensation plan at the public meeting with them, it is no
need posting 20days.
- Organize public consultations with affected community and stakeholders to (a) inform them of the resettlement action plans (clearly explain
the characteristics of each plan), (b) request affected persons to confirm their choice for resettlement
- All affected people and community will be given opportunity to participate the process of resettlement implementation and monitoring.
208. During the detailed design stage, the community meetings will be held to provide additional information to the affected persons and
provide opportunities for them to participate in the more detailed, open discussions about the detailed design, policies and procedures for
resettlement. This information will be publicized through the mass media (such as newspapers, radios, posters, ward people's committees
in the project area). The affected persons must be provided with the following information:
- Project items: This includes information on the proposed works to be constructed and their benefits to people.
- Project impacts: Impacts on people who live and work in the project affected area, including implementation of land acquisition demand
for each specific work items of the project.
- The rights and compensation entitlements of the affected persons: Explain clearly with the affected persons the rights and compensation
entitlements for different types of impacts.
- Compensation and assistance and option for resettlement
- The grievance redress mechanism: The affected persons will be informed if they have any concerns/questions related to the project
compensation, resettlement and livelihood restoration, the CARC/LFDC and the competent authorities shall consider settling their
concerns/questions through access to the grievance redress procedures.
- The rights to participation and consultations: The affected persons will be notified of the rights to participate in the resettlement action
planning and implementation. The affected persons are represented at the CARC and their representatives will be present when the CARC
organize meetings to ensure their participation in the project sectors.
- Resettlement activities: All households affected by the project will be explained on the compensation calculations and compensation
payment, monitoring procedures, and resettlement site.
- Responsibilities for organization: The affected persons will be informed about the executing arency and implementation agencies and levels
of authorities relating to the resettlement and the responsibilities of each party.
- Implementation progress: Affected households will be informed about the progress of the resettlement activities. It should specify that the
affected persons will move only when they received full payment of compensation and allowances for their lost properties.
8.2.3. Information dissemination
209. As per the Bank’s requirement (OP 4.12, paragraph 29), the draft RAP will be disclosed in Vietnamese at the local level and at the website
and office of PC of Da Nang city and at the offices of the PMU, District PC, Ward PCs and in English at the World Bank’s external website.
After approval by the GoV and clearance by the WB, the final RAP will also be disclosed at the same places. For any changes to the RAP
it will be updated and cleared in the same way and re-disclosed.

Page 70
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PART 9 – GRIEVANCE REDRESS MECHANISM
210. Grievance redress mechanism is developed to ensure that all grievances of affected people will be timely and reasonably resolved and
that the affected people can freely submit their complaints. DPs can send any questions to the relevant authorities for answers and for their
entitlements related to compensation, compensation policies, exchange rates, land acquisition, and resettlement, allowance and income
restoration. In addition, they are not entitled to pay any fees to bring their complaints for resolution even at the Court. This cost is included
in the resettlement plan.
211. Complainant can submit their grievance/complaint in writing or verbal. In case a complaint is made in writing, the complaint must clearly
state the date of complaint; name and address of the complainant; content, reasons for complaints, documents related to the content of the
complaint and the request for resolution of the complainant. The complaint must be signed or fingerprinted by the complainant. In case of
direct complaint, the recipient will guide the complainant to write the complaint or the recipient record the complaint in writing and ask the
complainant to sign or fingerprint the document. The criteria and principles of operation of the grievance mechanism are presented as
follows:
- Complainant can submit their complaints free of charge.
- An account for payment of compensation, assistance and resettlement will be opened at a commercial bank for use during the time of
handling with the grievance to avoid delays in the progress of the project while ensuring that payment of compensation shall be made
immediately after the complaint is settled.
- All grievance redress agencies have a system for registering and retrieving all recommendations and complaints of affected people. All
inquiries, petitions, complaints and resolutions of affected people will be recorded and forwarded to PMU and other authorities for
monitoring monthly.
- To minimize complaints to the provincial level, the PMU will coordinate with the Compensation, assistance and resettlement committee
(CARC) of Ngu Hanh Son district to participate and consult to resolve and answer complaints timely.
- Specialized staff will be asigned to establish and maintain a database and project-related grievances of affected households including
information such as the content of the complaint, the source and the date of receiving the complaint, name, address of complainant, action
needed, current status.
- The process of resolving complaints and information, contact methods of the Grievance redress agency and Complaint Support Unit, will
be disseminated through information leaflets and disclose at the headquarters of ward People's Committee and PMU.
- All complaints and grievances will be properly, fully recorded and archived at the people’s committess of ward, district and PMU through
transparent and proactive consultations. Complaints and reports will be publicly accessible. All costs related to the grievance redress process
incurred by the complainant and/or the grievance representative will be covered by the project's funding.
- Independent monitoring and resettlement monitoring agency will be responsible for re-viewing the grievance process and solutions. The
agency may recommend additional measures for handling with unsolved complaints.
- All costs of establishment and operation of grievance redress mechanism are included in the project cost.
212. Grievance redress mechanism is established for the project in accordance with Complaint Law No. 02/11/QH13 and regulations on
complaints in Decree 75/2012/ND-CP of November 20, 2012 and the Bank's requirements. Complaints will be resolved through 3 levels
before going to Court as a last resort. The following steps may be taken by the complainant. However, complainants still have the right to
go to court at any time:
Step 1: At the ward PC (article 28 and article 32 of the law on complaint 2011)
- PAP may submit their complaint – either in written or verbal, to the One Stop Service (OSS) of the Ward People’s Committee. A member
of the One Stop Service will receive the complaints and will notify the C/WPC leaders of the complaint. The Chairman of the C/WPC will
meet the complainant in person and will solve it within 15 days following the receipt of the complaint.
Step 2: at the district people’s committee (article 28 and article 32, Law on complaint 2011)
- After 15 days since the submission of the complaints, if the aggrieved person does not have any response from the ward PC, or if the
complainant is not satisfied with the decision taken on his/her complaint, the complainant may take the case, either in written or verbal, to
the District People’s Committee. The District People’s Committee will have 30 days since the date of receipt of the complaint to resolve
the case. The District People’s Committee will record all the complaints submitted and will inform the District Compensation and
Resettlement Board of the District PC’s resolution/assessment results. Aggrieved person may elevate the case to the Courts of Law if they
wish.
Step 3: At the city people’s committee
- After 30 days, if the aggrieved PAP does not hear from the District PC, or if the PAP is not satisfied with the decision taken on his/her
complaint, the PAP may escalate the case, either in writing or verbal, to City People’s Committee, or lodge an administrative case with the

Page 72
District People’s Court for resolution. The City People’s committee will have 45 days to resolve the complaint to the satisfaction of all the
concerned. The CPC secretariat is also responsible for registering all complaints that are submitted. Complainant may elevate the case to
the Courts of Law if they wish.
Step 4: At the court
- If after 45 days the affected persons have received no feedback from Provincial PC, or not satisfied with the decision being made for his/her
complaints, the complainant can submit complaint to the Court to be considered. The court's decision will be final and related parties have
to follow decision of the Court.
- Decision in written on solving the complaints must be sent to the aggrieved PAPs and concerned parties and must be posted at the office of
the People’s Committee where the complaint is resolved. The decision/result on resolution is available at commune/ward level after 3 days,
and at district/City level after 7 days.

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PART 10: INSTITUTIONAL RESPONSIBILITY
Provincial level:
213. Danang City People’s Committee is the competent authority for issuing regulations, and resolving issues related to policies, directing
the implementation of the project; playing the role of a contact point for directing and connecting stakeholders during implementation of the
project. Specific responsibilities are as follows:
(i) Appraise and approve the Resettlement Action Plan, including livelihood restoration program
(ii) Issue Notification of land acquisition or authorize the People's Committee of Ngu Hanh Son District to issues notification of land
acquisition immediately after selecting the location of the subproject;
(iii) Approve the acquisition and allocation of land in the project;
(iv) Approve replacement cost determined by an independent appraisal consultant;
(v) Direct the coordination between the project city/town, relevant agencies and provincial departments to implement compensation and
resettlement according to the approved resettlement action plan;
(vi) Provide sufficiently and timely budget for resettlement activities;
(vii) Ensure that the subproject resettlement activities are implemented in accordance with the approved resettlement action plan. Ensuring that
the objectives of the Resettlement Plan are achieved after the completion of resettlement activities
(viii) Ensure the Program of livelihood restoration of affected households is implemented effectively.
(ix) Settlement of grievances and complaints of affected people.
Danang Department of Natural resources and Environment:
- Responsible for reviewing and commenting the project’s Resettlement Plan for approval;
- Verify land acquisition records; appraise compensation, assistance and resettlement plan for the project
- Precide and coordinae with stakeholders in guiding, inspecting and organizing the compensation, assistance and resettlement for the
project;
PC of Ngu Hanh Son district
(i) Notify land acquisition to affected people if authorized by the City People's Committee;
(ii) Direct the Compensation, assistance and resettlement committee and the Ward People's Committee to disseminate project information,
policies on compensation, assistance and resettlement, implement site survey, inventory of losses, detailed measurement survey and
implement the resettlement action plan;
(iii) Approve compensation, assistance and resettlement options prepared by the District/City Compensation, Assistance, and Resettlement
Board under the authority of the City People's Committee
(iv) Make decision on land acquisition of individuals and households;
(v) Settle complaints and grievances of affected people within their authority.
(vi) Work closely with independent monitoring organizations.
Compensation, assistance and resettlement committee of Ngu Hanh Son district
214. Compensation, assistance and resettlement committee (CARC) is the body assisting the District People's Committee in organizing the
implementation of compensation, assistance and resettlement. The CARC is established by the District People's Committee to be responsible
for:
(i) Organize the implementation of the approved land acquisition, survey, survey, measurement and inventory plan.
(ii) Prepare, finalize and submit compensation, support, resettlement plans and livelihood restoration program for appraisal; organize the
implementation of the approved plans.

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(iii) Coordinate with the ward People's Committee to publicly post plans for compensation, support and resettlement according to regulations.
Guide, answer questions of land users on issues related to compensation, support and resettlement.
(iv) Pay compensation and support according to the approved compensation, assistance and resettlement plan.
(v) Summarize and report to the competent authorities on monthly and quarterly progress of site clearance ...

People's Committee of Hoa Quy ward


(i) Provide documents related to the land use origin of the affected households; Validation of affected people and affected assets;
(ii) Assist the competent authorities in resolving land disputes and grievances of affected people;
(iii) Assist the District People's Committee, the District Resettlement Committee to organize meetings, community consultations, socio-
economic surveys during RAP preparation and implementation;
(iv) Establishment of ward-level working groups to assist the District People's Committee and the District Resettlement Committees in
conducting detailed measurement surveys, replacement cost surveys, socio-economic surveys and providing necessary information to
support assistance in preparing and implementing RAP;
(v) Coordinate with the District Resettlement Committee in organizing payment of compensation, resettlement and implementation of
livelihood restoration program;
(vi) Identify replacement land for affected households who are eligible for compensation and propose livelihood restoration programs
appropriate to the conditions of the affected people and localities;
(vii) Settle complaints at ward and commune levels in accordance with the prevailing laws and authority;

Project management unit (PMU)/University of Danang


215. PMU is the agency established under the VNU-DN, directly managing projects on behalf of investors to perform the following tasks:
(i) Prepare and/or update the RAP according to WB OP4.12 on involuntary resettlement and the regulations of the Government of Vietnam
and the current regulations/decisions of Danang City and submit to City People's Committee and WB for approval before implementation;
(ii) Prepare resettlement site to arrange and relocate relocated households before land acquisition;
(iii) Guidance on implementation of resettlement policies;
(iv) Conduct internal monitoring of the project resettlement activities;
(v) Prepare detailed plans for implementation of site clearance and resettlement; Sign contracts with relevant agencies for implementation of
compensation, support and resettlement;
(vi) Recruit an external resettlement monitoring agency (EMA);
(vii) Implement remidies recommended by the external monitoring agency for non-compliance issues;
(viii) Hand over the cleared land to the contractor;
(ix) Prepare quarterly reports on resettlement activities for the World Bank.
Affected people
(i) Coordinate with implementing agencies during process of inventory of affected assets and land and sign in the inventory minutes for
certification.
(ii) Participate in all stages of preparation, implementation, monitoring, and commenting on the preparation, implementation and monitoring
of the Resettlement Action Plan in accordance with OP 4.12; and
(iii) Hand over the affected land to the project as planned after received full compensation and entitlements.

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PART 11: IMPLEMENTATION PLAN
216. Basic activities of compensation, site clearance and resettlement will be carried out in the following steps:
(i) Based on the detailed technical design of the project, the Design Consultant and the local PMU will hand over the landmarks for site
clearance to Compensation and Site Clearance Committee of Ngu Hanh Son district for determination of affected households and
measurement and inventory of affected assets.
(ii) Organize meetings with affected households to disseminate project information and principles of compensation and resettlement, including
project objectives and benefits, potential positive and negative impacts, mitigation measures, methods used to determine the price of
affected assets, compensation plans, rehabilitation measures and grievance redress mechanisms.
(iii) Conducting detailed measurement survey (DMS) of affected households and inventory of losses to collect information about the affected
people and the number of affected assets. Consult with affected people on measures to minimize project impacts and measures to support
livelihood restoration.
(iv) Conduct replacement cost surveys.
(v) Prepare compensation plan, consult and disclose compensation plan to get the opinion of the affected people, completing the compensation
plan and submitting it to the District People's Committee for approval.
(vi) Pay compensation and allowances.
(vii) Implement resettlement and site clearance after paying full compensation to affected people.
(viii) Conduct Internal and independent monitoring activities at the beginning of information dissemination activities and throughout the
implementation of compensation, assistance and resettlement to ensure that the implementation of compensation and resettlement is in
accordance with the approved Resettlement Plan.
Table 23: Implementation plan

Activities 2019 2020 2021 2022 2023 2024 2025

Project preparation (basic design)

RP preparation for basic design

Submit to WB’s approval

Detail design and approval

Benchmarking and site clearlance

Arranging resettlement site

Update the RP

Implementation of RP

Construction items

IRP implementation

Monitoring and Evaluation

Continuous activities

Interval activities

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PART 12: COST ESTIMATE
13.1. Quick survey on replacement cost
217. On January 31, 2019, the People's Committee of Da Nang City issued Decision 06/2019/QD-UBND, amending and supplementing a
number of articles of land price regulations attached to the decision. No. 46/2016/QD-UBND dated December 20, 2016 of the People's
Committee of Da Nang City, accordingly, the land price table has been adjusted to be close to the practical market in the City.
218. To ensure the initiative and feasibility of budgeting for the Resettlement Plan, the implementation of replacement cost surveys is
conducted objectively based on the information collection in the affected area of the project.
- Survey and exploration of affected households and surrounding areas;
- Survey of real estate business units/land transaction agents;
- Survey through quick assessment of local officials.
219. Results from a price quick survey were analyzed and evaluated in order to eliminate subjective cases that can change the value of assets
and land prices (for example, household’s desire for a high price ...) , as a result, the value of house/land would be determined under normal
conditions.
220. Information collection methods used for the quick survey on replacement cost include: review of relevant documents, consultations with
local authorities, quick interviews with local people and land transaction agents as well as local suppliers of construction materials as well as
local construction contractors.
221. Despite of that, the results of the survey during this period are preliminary, for reference only, in order to estimate the replacement cost
for the damages. Thus, in the stage of design and update of the resettlement plan, it is required to have an independent valuation unit to conduct
surveys on replacement cost at time of resettlement implementation and submit them to the People's Committee of Da Nang city for approval as
a basis for compensation and assistance.
222. Regarding residential land prices in the project area: Hoa Quy Ward is an area where many construction projects are being implemented,
the price of land here varies depending on different locations. The project area is along Luu Quang Vu and Nam Ky Khoi Nghia streets, residential
areas are distributed along these roads from positions 1 to 5. The compensation price for residential land are proposed in table below:
Table 24: Results of survey on residential land unit price

Price range in
Proposed price
Work item Decision No.63 (mil
range (mil VND/m2)
VND/m2)
Luu Quang Vu and Nam Ky Khoi Nghia street
2.5-3.0 4.0

Area for constructing resettlement site


1.8-2.5 3.0

223. Unit prices of crops, structures and other assets are similar to the City's recently issued Decision.
13.2. Cost estimate and source of fund
224. The estimated cost for implementing the Resettlement Plan is VND VND 1,221,758,842,871 (One thousand and two hundred and thwenty
one billions, seven hundred fivety eight million, eight hundred and fourty two thousand, eight hundred and seven one Vietnamese dongs). This
amount includes budget for compensation, assistance, implementation of livelihood restoration program, replacement cost survey, monitoring
and implementation. Budget for construction of resettlement site is not included in this RAP because it is implemented in a separate project
ownered and financed by Da Nang city. Below is a breakdown of cost.
Table 25: Cost estimate for implementation

Page 77
N Activities Cost
Total cost for compensation for the UD
I 1,194,181,218,501
village (1)
Compensation and assistance for residential
1 808,375,800,000
land
Compensation and assistance for agricultural
2 8,504,979,000
land
3 Compensation and assistance for houses 151,800,000,000
4 Compensation and assistance for structures 36,066,124,730
5 Plants and crops 14,510,271,800
6 Transportation assistance 1,404,000,000
7 Life subsistence support 3,936,240,000
8 Policy support 450,000,000
9 Grave 6,150,000,000
Assistance by HHs (50 million/HH on
10 23,400,000,000
average)
11 Contingency cost 10% 139,583,802,971

IV Other costs 27,577,624,370


Cost for implementation of site clearance (2%
1 project’s total compensation and assistance): 23,883,624,370
2%* (1)
2 Cost for replacement cost survey 500,000,000

3 Cost for income restoration program: 1,694,000,000


4 Cost for independent monitoring 1,500,000,000

Total cost of implementation of compensation and 1,221,758,842,871


site clearance assistance for UD village

PART 13: MONITORING AND EVALUATION


13.1 Monitoring
225. Monitoring is a continuous process that is carried out throughout the implementation of the project following an agreed implementation
plan. Monitoring work provides stakeholders with feedback on the status of implementation of the project’s resettlement plan, and at the same
time identifies the possibility of success and difficulties arising, so that it can be promptly adjusted in the operational phase of the project. There
will be internal and independent monitoring.
13.1.1 Internal monitoring
226. Internal Monitoring for implementation of the project’s Resettlement Plan is under responsibility of the PMU with the support of the
Project Consultant. This work is carried out regularly by the PMU through progress reports during the preparation and implementation of the
Resettlement plan by the People's Committee of the city and ward/commune where the project is located. The findings from monitoring work
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will be recorded in quarterly reports submitted to the City People's Committee and the World Bank. Internal monitoring reports must include the
following information:
- Number of affected households in different types of impacts, status of compensation payment, relocation and restoration of income sources
of affected households;
- Financing allocated for activities or compensation payments and disbursed funds for each activity;
- The final resolution for grievance and any existing issues that require management agencies at all levels to resolve;
- Problems arising in the implementation process;
- Compliance isues of resettlement implementation
- Implementation progress of resettlement plan updaated in pactice.
- Gender based-violence and labor influx issues
13.1.2 Independent monitoring and evaluation
227. An independent resettlement monitoring unit will be recruited by the PMU to conduct independent evaluation and monitoring the
implementation of resettlement plan. Implementation of the independent monitoring task must be based on the terms of reference approved by
the World Bank. The independent monitoring organization is not the one who prepared RAP.
228. The overall objective of independent monitoring is to provide periodic and independent reviews on compliance issues of RAP
implementation, the results of the resettlement objectives, changes in living standards and employment, income restoration and the establishment,
effectiveness, impact and sustainability of the social benefits of the people, providing recommendation of remidies for non-compliance issues
(if any) and to draw strategic lessons for future activities.
229. In addition to verifying the information provided in the PMU's internal monitoring and evaluation report, the independent monitoring
agency will conduct a sample survey at afftecd household level every 6 months. The sample size can be 100% of the relocated and severely
affected households and at least 20% of the remaining households (if selected randomly). The survey aims to:
- Determine whether the procedures for participation of affected people, compensation and restoration procedures for affected people are
consistent with the Resettlement Action Plan;
- Project implementation process, procedures for consultation and information dissemination, compensation policy disclosure;
- Assess whether the Policy Framework's goal of improving or at least restoring the living standards and income of affected people has been
achieved;
- A set of qualitative indicators of socio-economic impacts of project implementation on affected people;
- Recommend remidies for non-compliance issues, if necessary, to achieve the principles and objectives of the Policy Framework;
- The level of satisfaction of the affected people on different aspects of the Resettlement Plan will be monitored and recorded. The operation
of the grievance redress mechanism and the timing of grievance redress are also monitored;
- Through the implementation process, trends in living standards are observed and investigated. Any potential problems in the restoration
of living standards are reported.
- Monitor social risks and impacts related to labor influx and gender based-violence
13.2 Evaluation
230. The final assessment of the resettlement implementation will be conducted within about 6 to 12 months after the completion of
compensation, assistance and resettlement activities. This work will be done by an independent monitoring agency through a questionaire survey
on the same sample of the survey conducted during periodical monitoring.
231. If the evaluation work indicates that livelihood of severely affected households has not been restored as expected, additional measures
will be required to support them. In addition to submission to the PMU, this independent monitoring report must also be submitted to the World
Bank for review and included in the implementation completion report of the project. The project is considdered not completed if resettlement
is not finished successfully.

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APPENDIX
Appendix 1: Summary of group discussions

No Time and location Responses from investment


Participants Comments from local community
owners and consultants
• Vice Chairman of Ngu Hanh Son • This project has been suspended over 20 years, local authorities and people hope that the project • Thanked and acknowledged
district PC will be soon implemented. comments of the communities
• Department of Natural Resources • Provide documents, statistical data and social-environmental shortcomings of the area in particular and local authoritites
and Environment and the project area in general (through depth-interview with leaders) • This issue will be considered
• Department of Urban/Construction • Issues on land acquisition, site clearance in the subproject area (through-depth interview with during the ESIA process
Management leader of LFDC)
Ngu Hanh Son district • Office of district PC • Local leaders will create favorable conditions for the Contractors and Consultants to conduct
1 • Department of Statistics consultations, socio-economic and environmental survey to prepare reports at request of WB.
8h00' on 4 Nov 2019
• Ngu Hanh Son Land Fund
Development Center
• Chairman of Quy Hoa ward PC
• Leader and officers of University of
Da Nang
• Consultant
Participants: 15 people
• Secretary of Hoa Quy ward • Because of over 20 suspension, the abandoned land has been flooded in case of rain, we would like • Thanked and acknowledged
• Chairman of Quy Hoa ward PC the project will be soon implemented. comments of the communities
• Representatives of the ward mass • The time for the project preparation should be clear so that people can grasp and coordinate with and local authoritites
organizations (Women's Union, the implementing unit. • The Project Owner is making
Farmer's Union, Youth Union, • People required full compliance with the policy, as well as consultation with people during the an effort in early project
Hoa Quy ward
2 Fatherland Front, etc.) process of inventory of losses, DMS and application of price for replacement cost. preparation and to apply for a
8h00' on 5 Nov 2019 • Representatives of some households, • Decision on site clearance of the project must be infomed local people. WB’s ODA loan.
head and vice heads of residential • • Before construction, a resettlement area must be built to ensure the people’s life. • Record people’s comments in
quarters in the project area • Social wellfare must be ensured: resettlement area nad infrastructure must be fully built. the project preparation
• Specialized officers of the University • Support vulnerable groups (single, elderly women) documents and propose
of Da Nang • Security orders must be ensured because the number of students and services is expected to suitable/feasible mitigation
• Consultant increase, so that suitable mitigation measures should be proposed. measures.

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No Time and location Responses from investment
Participants Comments from local community
owners and consultants
Participants: 22 people • Assessment after relocation and job seeking assistance is required.
• Representatives of 70 households in • Consultation with each group of households about their socio-economic – environemental issues • Thanked and acknowledged
the project area through questionnaires. Comments recorded are as below: comments of the communities
• Quy Hoa ward PC • Local people are upset because of long-term suspension of the project that affects living conditions and local authoritites
• Consultants of local people (their houses become run-down due to flooding in case of rain when surrounding • This issue will be considered
infrastructure has not been invested) during the ESIA process
• Local people hope the Project Owner and local people will either implement the project or remove
it so that their living conditions will be improved.
• Local people expected that land acquisition for the project must be satisfactorily compensated.
Residential quarters of Resettlement area must be constructed with full infrastructure to ensure that replaced households will
60, 61, 62 – Quy Hoa not face difficulties like what they are facing due to the suspended project; job seeking support will
3 ward be needed to help local people stabilize their life.
• Resetlement: The existing living condition of local people are rather bad because this is the planned
from 6 to 8 Nov 2019
area. Bushes are not cleared, drainage system is degraded, living environment is poor; houses are
seriously degraded ...
• Therefore, people suggested that the new place must have adequate infrastructure, clean water and
environmental sanitation; with wide and clean roads.
• Relocation of Graves: In general, before the project preparation, the city already had a policy for
grave relocation, local people already visited the central cemetery which had been constructed. Thus,
during consultations, there were not many concerns about whether the graves should be relocated or
not. People mainly concerned about compensation and relocation policies.
• In addition, location for relocation of two ancestral houses of two families was also consulted.
• Some officers and students of • The construction schedule must be complied with. • Thanks and notes comments of
Faculty of Medicine and Pharmacy • Arrangement of functional departments must be consulted with beneficiaries to ensure the suitable local community and authority.
Hall of the College of
and the College of Information design. • Notes all comments and
Information
4 Technology • Erect fence and cover the construction site to reduce noise and dust to spread to surrounding area. considers in the EIA report
Technology
• Chairman of Quy Hoa ward PC • Do not use the main roads for transportation of construction machines and materials
14h00' on 6 Nov 2019 • Specialized officers of Da Nang • Opinion of students who are house renters: These students shown no worries about their
Universit y accommodation because there are still many spaces available in the dormitory and there are many
• Consultants suitable houses for rent in the ward which are not too far.

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No Time and location Responses from investment
Participants Comments from local community
owners and consultants
Participants: 32 people • Worker camps must be far from the Dormitory;
• Safety must be ensured to students and officers when going in/out of the university by placing traffic
safety signs, assigning an officer to regulate vehicles in study finishing time.
• Noise-generating activities shall not be implemented during studying period.

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Appendix 2: Scan of consultation minutes

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Appendix 3: Construction Planning of the University of Da Nang

UD SUBPROJECT
AREAS

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