Resettlement Planning Document

Resettlement Plan Document Stage: Final Project Number: P40019 May 2008

VIE: HEALTH CARE IN THE SOUTH CENTRAL COAST REGION PROJECT

Prepared by Ministry of Health, Viet Nam

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

The Socialist Republic of Viet Nam

Viet Nam: Health Care in the South Central Coast Region Project

Resettlement Plan

April 2008

TABLE OF CONTENTS

EXECUTIVE SUMMARY ...... 6

I. INTRODUCTION...... 8

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS...... 8 A. SUMMARY SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS...... 8 B. DA NANG SUBPROJECT ...... 10 B. QUANG NAM SUBPROJECT ...... 11 C. QUANG NGAI SUBPROJECT...... 11 D. BINH DINH SUBPROJECT...... 12 E. PHU YEN SUBPROJECT...... 13 F. KHANH HOA SUBPROJECT ...... 14 G. NINH THUAN SUBPROJECT ...... 14 H. BINH THUAN SUBPROJECT ...... 14 III. SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS...... 15

IV. PROJECT OBJECTIVES, POLICIES, AND PRINCIPLES ...... 19 A. RELEVANT VIETNAMESE LEGISLATION...... 19 B. ADB’S POLICIES ...... 20 C. RECONCILIATION OF GOVERNMENT AND ADB POLICY ON RESETTLEMENT ...... 21 D. PRINCIPLES OF RESETTLEMENT...... 23 V. CUT-OFF DATE OF ELIGIBILITY AND PROJECT ENTITLEMENTS ...... 25

VI. CONSULTATION AND GRIEVANCE REDRESS MECHANISM...... 27 A. OBJECTIVES OF PUBLIC INFORMATION AND CONSULTATION ...... 27 B. GRIEVANCE REDRESS PROCEDURES...... 28 VII. RELOCATION, COMPENSATION AND INCOME RESTORATION ...... 29 A. RELOCATION OPTIONS ...... 29 B. COMPENSATION AND INCOME RESTORATION...... 30 VIII. GENDER AND VULNERABILITY...... 30

IX. INSTITUTIONAL ARRANGEMENTS...... 31

X. RESETTLEMENT BUDGET AND FINANCING ...... 32

VIII. IMPLEMENTATION SCHEDULE...... 33

IX. MONITORING AND EVALUATION...... 34

Attachments: 1. Attachment 1 – Inventory of Losses 2. Attachment 2 – RP Cost Estimates by Subproject 3. Attachment 3 – Sample of Public Information Booklet (Hoa Vang Subproject)

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ABBREVIATIONS

ADB : Asian Development Bank AP : Affected Person CPC : Commune People’s Committee DPC : District People’s Committee DMS : Detailed Measurement Survey DRC : District Resettlement Committee GOV : Government of Viet Nam HH : Household IOL : Inventory of Losses LURC : Land Use Right Certificate MOH : Ministry of Health NGO : Non-Government Organization PIB : Project Information Booklet PDOH : Provincial Department of Health PPC : Provincial People’s Committee PRC : Provincial Resettlement Committee RP : Resettlement Plan RC : Resettlement Committee RCS : Replacement Cost Survey SES : Socio-economic Survey VND : Vietnam Dong

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GLOSSARY

Affected person - means any person or persons, household, firm, private or public institution (AP) that, on account of changes resulting from the Project, will have its (i) standard

of living adversely affected; (ii) right, title or interest in any house, land

(including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or fixed assets acquired,

possessed, restricted or otherwise adversely affected, in full or in part,

permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement.

Affected In the case of a household, the term “affected households” includes all - households members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. Compensation - means payment in cash or in kind to replace losses of land, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs. Cut-off date - means the date prior to which the occupation or use of the Project area makes residents/users eligible to be categorized as affected persons. The cut-off date

coincides with the date of completion of the DMS within the Project area boundaries. Persons not covered in the DMS, because they were not residing, having assets, or deriving an income from the Project area, are not eligible for compensation and other entitlements. Affected people and local communities will be informed of the cut-off date for the Project. Entitlement - means a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, and relocation support which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Host - means the community already in residence at, or occupying or using, a community proposed resettlement or relocation site. Land - means the process whereby an individual, household, firm or private institution acquisition is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation equivalent to the replacement costs of affected assets. Rehabilitation - means assistance provided to project affected persons due to the loss of productive assets, incomes, employment or sources of living, to supplement

payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life. Relocation - means the physical relocation of an AP from her/his pre-project place of residence.

Replacement - This is the amount calculated before displacement which is needed to replace cost an affected asset without deductions for taxes, and/or costs of transaction as follows:

(i) Productive land (Agricultural, fishpond, garden, forest) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value; 4

(ii) Residential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes; (iii) Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials; (iv) Standing crops equivalent current market value of the crop at the time of compensation; (v) Perennial crops and trees, cash compensation equivalent to current market value given the type, age and productive value (future production) at the time of compensation. (vi) Timber trees, based on diameter at breast height at current market prices. Resettlement - means all measures taken to mitigate any and all adverse impacts of a project on AP property and/or livelihoods, including compensation, relocation (where

relevant), and rehabilitation as needed. Resettlement - is a time-bound action plan with budget setting out compensation and plan (RP) resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation. The RP must be prepared and approved prior to loan appraisal for the Project. Severely Mean APs who will (i) lose 10% or more of their total productive land and/or affected assets; (ii) relocate due to insufficient remaining residential land to rebuild; - persons and/or (iii) lose 10% or more of their total income sources due to the Project. Significant - occur when 200 or more people experience major resettlement effects, that is, resettlement they are physically displaced and/or lose 10% or more of their productive, effects income-generating assets. Vulnerable - Mean distinct groups of people who might suffer disproportionately or face the groups risk of being marginalized by the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled-headed households, (iii) households falling under the generally accepted poverty line, (iv) landless households, (v) elderly households with no means of support and (vi) ethnic minorities.

5 EXECUTIVE SUMMARY

The Project. The Health Care for the South Central Coast Project (the Project) will improve the health status of the poor, women, children, ethnic minorities, and other vulnerable groups in eight provinces in the South Central Coastal Region (SCCR) towards achieving the Millennium Development Goals (MDGs) by 2015. Major project outputs are (i) upgraded health facilities; (ii) sustainable human resources development; (iii) improved access to health services for the poor; and (iv) strengthened provincial health systems. The Project will support the Government’s efforts to develop a comprehensive and well managed provincial health system that preserves the gains in health status already achieved, extends those gains to the poor and underserved, and is better able to address emerging challenges and changing demands. The eight provinces are Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, and Binh Thuan.

A full Resettlement Plan (RP) has been prepared for the Project, covering the 9 subprojects in 6 provinces where resettlement impacts have been identified. The Project will upgrade or newly construct a total of 26 facilities, including 12 district hospitals, 5 regional (inter-district) hospitals, 1 provincial hospital, 1 rehabilitation hospital, 1 traditional medicine hospital, 1 secondary medical school (SMS), and 5 district preventive medicine centers (DPMCs). 21 sites are known at this stage. There are 5 new sites for 1 regional hospital, 3 district hospitals and 1 secondary medical school. The regional and district hospitals are typically located in less populated areas and either to be constructed on vacant Government-owned land or private agricultural land. One plot is owned by a company. A Resettlement Framework (RF) has also been prepared because the sites for some subprojects will be identified during Project implementation. For each of these subprojects found to require land acquisition or resettlement, a resettlement plan will be prepared by the provincial project management units (PPMUs), under the guidance of the provincial people’s committee (PPC) and the Ministry of Health (MOH). Scope of Land Acquisition and Resettlement Impacts. Based on the result of inventory of losses undertaken from 10-30 December 2007, and updated for the Traditional Medicine Center in Binh Dinh Province and the Secondary Medical School in Ninh Thuan Province from 3-12 April 2008, a total of 119 affected persons (APs) were identified for the 9 subprojects: 112 households (499 people); 5 people’s committees (1 Town PC and 4 Commune People’s Committees); and 2 state-owned companies (1 Pharmaceutical and 1 TV Station). The socio- economic survey carried out found that there are 20 vulnerable households affected in the subproject sites.

Entitlements. All compensation is based on the principle of replacement cost. Compensation and provision of assistance will be provided and income restoration programs will be put in place prior to relocation of affected households from their houses, land, and assets, such that they will be at least as well off as they would have been in the absence of the Project. Affected households that are poor and/or includes vulnerable groups, including ethnic minorities, will be assisted to help improve their socioeconomic status. The type and number of APs and the entitlements will be added in the Updated RP, as needed, to cover other eligible persons and impacts identified during the detailed measurement survey (DMS).

Consultation and Disclosure. At the early stages of project preparation, local authorities and leaders of different administrative levels in each of the Project towns/districts were informed 6

about the project proposal, its objectives, and proposed activities. They were consulted on development needs and resettlement issues, their perception toward project objectives, technical designs, and their tasks and roles in project planning and implementation. Affected persons have also been informed about the proposed Project on an individual household basis and been consulted about how the Project will directly affect them. They have been involved in developing the proposed resettlement and compensation packages and expressed their preferences for the type of compensation. Disclosure of the RP to the affected people was done prior to appraisal, using locally appropriate information booklets. The draft RP has been uploaded to ADB’s website.

Implementation Arrangements. The Ministry of Health (MOH) is the Executing Agency (EA) for the Project. The provincial project management units (PPMUs) will be the principal units for project implementation in each province, while the project management unit (PMU) under the MOH will provide technical, coordination, and logistics support. The MOH is responsible for approving the RP and ensuring that the RP is approved by each of the involved Provincial Peoples Committees. The PPMUs will ensure coordination of provincial and/or district agencies involved in resettlement and review compensation rates and the resettlement budget. Resettlement committees at the provincial and district levels have been established to organize, plan and carry out daily detailed RP activities in the towns together with the PPMUs.

RP Cost Estimates. The current cost of resettlement for the Project is estimated at US$ 1,229,651.35 . This amount includes the cash cost of land acquisition, provision or purchase of other land for farmers (if land for land compensation is applied), compensation for loss of houses, structures, crops and business, relocation, and living standards rehabilitation measures, monitoring and administration costs, and contingencies. Adequate budgetary support will be fully committed and made available by the MOH, with provincial and district authorities, to cover the costs of land acquisition and resettlement within the agreed implementation period.

Implementation Schedule. Resettlement implementation will be coordinated with the civil works schedule for the health facilities. Approval to award of any civil works contracts will not be given until the required lands have been fully acquired and affected households are appropriately compensated and relocated. The Project will be implemented for a period of 5 years starting in 2008.

Monitoring and Evaluation. The PPMUs will monitor land acquisition and resettlement during updating and implementation and will submit quarterly resettlement reports to the PMU. The PMU in turn will include PPMU resettlement progress in the overall Project’s quarterly progress reports that will be submitted to ADB. Monitoring reports will be uploaded on ADB's website.

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I. INTRODUCTION

1. The Health Care in the South Central Coast Region Project (the Project) will improve the health status of the poor, women, children, ethnic minorities, and other vulnerable groups in eight provinces in the SCCR towards achieving the MDGs. Major project outputs are (i) upgraded health facilities; (ii) sustainable human resources development; (iii) improved access to health services for the poor; and (iv) strengthened provincial health systems. The Project will support the Government’s efforts to develop a comprehensive and well managed provincial health system that preserves the gains in health status already achieved, extends those gains to the poor and underserved, and is better able to address emerging challenges and changing demands. The eight provinces are Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, and Binh Thuan.

2. A full Resettlement Plan (RP) has been prepared for the Project, covering the 9 subprojects in 6 provinces where resettlement impacts have been identified. The Project will upgrade or newly construct a total of 26 facilities, including 12 district hospitals, 5 regional (inter- district) hospitals, 1 provincial hospital, 1 rehabilitation hospital, 1 traditional medicine hospital, 1 secondary medical school (SMS), and 5 DPMCs. 21 sites are known at this stage. There are 5 new sites for 1 regional hospital, 3 district hospitals and 1 secondary medical school. The regional and district hospitals are typically located in less populated areas and either to be constructed on vacant Government-owned land or private agricultural land. One plot is owned by a company.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS

A. Summary Scope of Land Acquisition and Resettlement Impacts

3. Based on the result of inventory of losses undertaken from 10-30 December 2007, and updated for the Traditional Medicine Center in Binh Dinh Province and the Secondary Medical School in Ninh Thuan Province from 3-12 April 2008, a total of 119 affected persons (APs) were identified for the 9 subproject sites:

• 112 households (499 people) • 5 people’s committees (1 Town PC and 4 Commune People’s Committees) • 2 government-owned companies (1 Pharmaceutical and 1 TV Station) 4. Of the 112 households that will be affected by the Project, 52 households will be losing more than 10% of their productive land and 32 households will be required to relocate.

Table 1: Scope of Land Acquisition and Resettlement Impacts

Estimated Land Affected Affected Households APs Other Impacts Sites Acquisition (m2) Persons population to be losing relocated 10% or more of productive assets I. Danang Province: No land and resettlement requirements for Ngu Hanh Son District sanatorium and hospital as civil works are within sanitarium and hospital campus. Hoa Vang 46,669 m2 of • 3 HHs 17 2 0 1 – Grade 4 District public vacant land • 1 house Hospital (new owned by 1- temporary

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Estimated Land Affected Affected Households APs Other Impacts Sites Acquisition (m2) Persons population to be losing relocated 10% or more of productive assets site) pharmaceutical pharmaceutical house company and company 1,149 m2 of agricultural land II. Quang Nam Province: No land and resettlement requirements, the civil works are within the hospital campuses.

III. Quang Ngai Province: No land and resettlement requirements for Ba To, Tra Bong, and Tay Tra as the civil works are within the hospital campuses. Son Tay 2,650 m2 of 9 HHs 53 4 0 3 grade-4 District residential land houses; 1 Hospital and 4,000 m2 of temporary agricultural land houses; Trees, crops IV. Binh Dinh Province: No land and resettlement requirements for Binh Dinh Provincial Hospital and Phu My District Hospital, as the civil works are within the hospital campus Traditional ,19,455 m2 of • 13 HHs 69 2 9 2-grade 4 Medicine which residential • 1 CPC houses Hospital (new land is 200 m2, site) 19, 255 m2 of agricultural land V. Phu Yen Province Tuy An 39,480 m2 of • 8 HH 47 3 2 HHs 15 HHs Regional agricultural land & • 1 CPC- cultivating CPC Hospital (new 520 m2 of residt. owned land land (allocated site) • 15 HHs temporarily to cultivating HHs) CPC land Tay Hoa 15,092 m2 of rice • 14 HHs 71 1 13 1 grade-4 District and residential • 1 Hoa Binh house, Hospital land CPC) crops/trees

Song Cau 5,692 of 17 HHs 67 11 5 11 grade-4 District residential & houses, 1 Hospital agricultural land temporary house, secondary structures, crops/trees VI. Khanh Hoa Province: No land and resettlement requirements for Cam Ranh and Van Ninh hospitals as the civil works are in the hospital campuses

VII. Ninh Thuan Province

Thuan Bac 14,837 m2 of rice • 3 HHs 22 3 Crops and trees District field and special • 1 Town PC Hospital (new land site) Secondary 29,761 m2 of rice • 26 HHs 129 6 20 6 grade 4 Medical School field, 238 m2 of 1 CPC, and 1 houses, (new site) residential land TPC crops/trees and 3,814 m2 of irrigation/transport land VIII. Binh Thuan Province: No land and resettlement requirements for Duc Linh as the civil works are in the hospital

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Estimated Land Affected Affected Households APs Other Impacts Sites Acquisition (m2) Persons population to be losing relocated 10% or more of productive assets campus. Bac Binh 2,784 m2 of • 3 HHs 24 3 0 3 grade-4 District residential and • 1 TV station houses, 1 Hospital public land temporary house, secondary structures, Total 186,141 119 499 32 52 Source: IOL in December 2007. No=number, and HHs=households. 5. An estimated 186,141 m2 of land will be acquired for the nine civil works (Table 4) and is described below. Most of the land that will be acquired is agricultural land (124,319 sq.m).

Table 2: Summary of Land Acquisition in 9 Project Sites (6 provinces)

Province Project Land Acquisition (m2) sites Residential Agricultural Garden Salt- Construction Public Total Making Da Nang Hoa Vang 1,149 46,669 47,818 Quang Ngai Son Tay 2,650 4,000 6,650 Binh Dinh Traditional 200 18,360 895 19,455 Medicine Hospital Song Cau 1,800 3,640 252 5,692 Phu Yen Tuy An 520 39,480 40,000 Tay Hoa 2,000 13,092 15,092 Ninh Thuan Thuan Bac 14,837 14,837 Secondary 238 29,761 3,814 33,813 Medical School Binh Thuan Bac Binh 500 2,284 2,784 Total 7,908 124,319 252 4,709 48,953 186,141

6. The detailed results of the inventory of losses on land and non-land assets (types of structures, crops and trees) are presented in Attachments 1 and 2.

B. Da Nang Subproject

7. Da Nang City proposed to construct a new general district hospital at Hoa Vang district and two new departments of adult and children rehabilitation treatment of the sanatorium and rehabilitation hospital.

a) The Hoa Vang District Hospital will be located at Hoa Nhon commune, Hoa Vang district, Da Nang city. The construction of the new hospital will acquire an area of 47,818 m2 of land, of which 46,669 m2 is public land owned by Danang City People’s Committee and 1,149 m2 is agricultural land owned by two households.

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There is one house on the agricultural land, and 14 office structures (e.g., storage, warehouse) and one house owned by the Da Nang State Pharmaceutical Company. on the public land. The house is being occupied by the family of a former security guard employee.

b) The Da Nang City Rehabilitation Hospital located at My An Ward, Ngu Hanh Son District is about 5 km to the Southeast of the Centre of Da Nang City. The Project will build two more departments, for adult and children rehabilitation treatment for poor patients. Total landholding of the hospital is 8,070 m2. The construction of the two new departments will be on 1,300 m2 of vacant land owned by the hospital. No resettlement or land acquisition will be required for this construction work.

C. Quang Nam Subproject

8. Quang Nam province proposes to upgrade three hospitals, one regional hospital in Dien Ban district and two district hospitals.

a) The Dien Ban Regional Hospital is located in Vinh Dien town, Dien Ban District. The total land area of the hospital is 23,045 m2, of which the constructed area is 5,047 m2. There are 20 existing structures built in the hospital campus, of which 11 structures were built after 1984. The buildings are now dilapidated and there is a need to replace the old structures with new ones. The Quang Nam Regional Hospital plans to construct a new building with 4 floors for the General Department of Paraclinical-Pharmaceuticals to replace the existing structure built on the area of 1,000 m2 of land. The construction of the new building will not require any land acquisition because the land and structure are already owned by the hospital and there will be no resettlement effects.

b) The Bac Tra My District Hospital is located in Tra My town, Bac Tra My district. The total land area of the hospital is 8,859 m2, of which the existing structures occupy 1,595 m2. There are about 9 existing structures that are almost degraded and need to be replaced. The Bac Tra My District Hospital plans to replace all of the medical examination and treatment departments. The construction works will be on a land area of 3,900 m2 and will not require any land acquisition because land and structures are owned by the hospital. There will be no resettlement effects.

c) The Dong Giang District Hospital is located in Prao town, Dong Giang district. The total land area of the hospital is 10,200 m2, of which the existing structures occupy 3,250 m2. There are about 12 existing structures built in the hospital campus on a land area of about 2,200 m2 and almost all are run down and need to be replaced with new buildings. The Dong Giang District Hospital plans to replace all of the medical examination and treatment departments. The new construction works will be on a land area of 3,250 m2 and will not require any land acquisition or cause any resettlement effects.

D. Quang Ngai Subproject

9. The Quang Ngai Health Care Subproject plans to upgrade 4 district hospitals.

a) The Son Tay District Hospital is located in Son Dung Commune. Son Tay Town plans to upgrade the center as a district hospital in 2009. The hospital will need an area of about 13,250 m2 of land. 6,600 m2 was already allocated in 1997 by Quang Ngai PPC,

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therefore, about 6,650 m2 additional land is needed for the proposed upgrading.

The results of the inventory of losses shows that there will be a total of 9 households who will be affected, and 4 of these households will be severely affected. Impacts are as follows:

• Four households whose residential land with houses will be totally acquired, hence, will require them to relocate to other plots of land; • One household losing residential land (no house built on land) will be partially affected and the remaining land is still found to be viable; and • Four households losing productive land will lose less than 9% of their total landholding per household.

b) The Tra Bong District Hospital is planned to be constructed on an area of 10,274 m2 of land. The 5,240 m2 was allocated by Quang Ngai Peope's Committee in 2001 for the medical center of Tra Bong district and another 5,030 m2 was acquired in 2005 for the expansion of the medical center. The expansion resulted in the acquisition of land from 5 households. The new construction works will be within the 10,274 m2 land and will not require any land acquisition or cause any resettlement effects.

c) The Ba To District Hospital will be constructed on a land area of 19,458 m2 of the district medical center, of which 14,458 m2 was allocated by Quang Ngai PPC in 2001 and 5,000 m2 was allocated in 2003. The land was owned by the PPC and 25 affected households who had graves and trees (timber and fruit trees) on the land were compensated in 2004. The medical center will be upgraded to a district hospital and not require any land compensation or cause any resettlement effects.

d) The Tay Tra District Hospital will be constructed on a land area of 13,802 m2 of the district medical center, of which 9,192 m2 was allocated by Quang Ngai PPC in April 2006. Compensation was fully paid to two households in April 2005. The hospital construction works of Tay Tra district hospital will not require any additional land acquisition or cause any resettlement effects.

E. Binh Dinh Subproject

10. The Binh Dinh Health Care Subproject plans to upgrade 3 hospitals, i.e., one provincial hospital, one traditional medicine hospital and one district hospital.

a) The Binh Dinh Provincial Hospital has a total land area of 58,000 m2. Its plan is to improve and construct a new building with 6 floors for the General Department of Medical Examination and one pharmaceuticals department. The construction of the new building will not require any land acquisition because the land is owned by the hospital and there will be no resettlement effects.

b) The Phu My District Hospital has a total land area of 27,360 m2. The hospital plans to construct three new buildings for the following departments: a 2-storey building (375 m2) for endocrinology department, a 2-storey building (219 m2) for pharmaceuticals department, and a one-storey building (388 m2) for recuperation and emergency department. The construction of these buildings will be on existing land of the hospital and therefore, there are no resettlement effects.

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c) The Traditional Medicine Hospital will be on new land located in Nhon Phu Ward, Quy Nhon city. Total area of land acquired for the hospital is 19,455 m2, of which residential land is 200 m2 belonging to two households and 19,255 m2 is agricultural land (1,490 m2 used by 7 households, and 17,765 m2 owned by the ward). There are 14 affected households. Among the 14 APs, 2 households loose their houses and will be relocated in the resettlement site of the city, 7 HHs loose agricultural land and 6 HHs loose trees/crops cultivated on public land. The compensation was already paid in full to 12 households in September 2007, and all they were satisfied with their compensation. The remaining two relocating APs will receive compensation when the lots are available in the resettlement site, which is their preferred compensation. The two households have already been allocated lots in the resettlement site, by PPC Decision No. 782 and 783/QD-UBND dated 7 March 2008. The size of the lot is 81 m2 and each household will receive cash compensation for the 19 m2 of residential land differential. It is expected that the relocation of the two households will be completed no later than second Quarter of 2008.

F. Phu Yen Subproject

11. The Phu Yen Health Care Subproject will cover upgrading and expansion of 2 district hospitals and construction of a new regional hospital.

a) The new Regional Hospital will be located about 2 km south of Chi Thanh Town, Tuy An District and will need an area of about 40,000 m2. Based on the inventory of losses survey, 8 households will lose land, houses and crops, and trees. In addition, the Project will acquire 1 area of CPC-owned land (30,888 m2) which is being cultivated by 15 households. The impacts are:

1. Three households with residential land and houses (Class 4) will be totally affected and required to relocate 2. Five households will lose paddy land, two of these households will lose about 20% of their productive land 3. Fifteen households cultivating CPC-land will be affected. These households have a five-year agreement with the CPC (from 2004-2009) and were allocated land temporarily at no cost to them. The impacts will not be significant as they will lose less than 10% of the land they are cultivating and will be able to sustain their livelihoods on other paddy land they own within the commune. These households will be entitled to cash assistance to cover investments made on land.

b) The Song Cau District Hospital is located at Long Hai Bac Street, Song Cau Town. The hospital will construct a new building on 26,481.5 m2 of land, of which 20,519.5 m2 is already owned by the hospital. The remaining 5,692 m2 of land will be acquired for expansion. The inventory of losses shows that a total of 17 households will be affected by the acquisition of land, 14 of these households will be severely affected:

• Three households who have both residential and garden land will be totally affected. They have houses built on affected residential land and will therefore be required to relocate; • Eight households who have residential land and houses will be totally affected and will be required to relocate; • One household who have residential land only (no house built on land) will be totally

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affected; and • Five households who have paddy land will be partially affected, two of these households are considered severely affected since they will lose more than 10% of their productive land.

c) The Tay Hoa District Hospital is located at Hoa Binh 2 Commune, Tay Hoa District. The district plans to expand and build a new hospital. At present, the hospital owns 16,500 m2 of land. Due to the proposed expansion, the hospital will require an additional 13,092 m2 of land. The expansion will affect a total of 14 households who owns paddy land and 1 which is CPC-owned land (residential land). Of the 14 households, 13 households will be severely affected. There is also a class 4 house on CPC land and a community access road (750 m2) that will be affected permanently. The impacts on the community access road will not restrict access to the communities as they have identified a similar access road nearby.

G. Khanh Hoa Subproject

12. The Khanh Hoa Health Care Subproject will include upgrading of one district hospital in Van Ninh district, and one regional hospital in Cam Ranh town.

a) The Cam Ranh District Hospital has a total area of 19,800 m2 land and it is located at 97 Nguyen Thai Hoc Street, Cam Ranh Town. The planned replacement of old buildings will be within the existing hospital premises and will not require any land acquisition or resettlement effects.

b) The Van Ninh District Hospital has a total land area of 8,367 m2 and is located at Dinh Tien Hoang Street, Van Gia town. The hospital plans to construct new structures within the hospital premises, thus, will not require any land acquisition or resettlement effects.

H. Ninh Thuan Subproject

13. The Ninh Thuan Subproject will support the construction of one new district hospital in Thuan Bac district, and one new secondary medical school in Phan Rang-Thap Cham city.

a) The Thuan Bac District Hospital will be located at the new administrative centre of the district. The project will require an area of 16,442 m2, of which 14,837 m2 is agricultural land owned by three households. These three households own between 9,000 m2 to 19,000 m2 of land. The Project will acquire between 18% to 72 % of their land, thus, they are considered severely affected. In addition, the Project will acquire1,605 m2 of unused land managed by Loi Hai Commune People's Committee.

b) The Secondary Medical School will be located at Van Hai Ward and a part of Khanh Hai town, Phan Rang-Thap Cham city. The project will acquire an area of 33,813 m2, of which 29,761 m2 is agricultural land owned by 24 households, 238 m2 is residential land of two households, and 3,814 m2 is irrigation land. The project will acquire between 18% to 100% of agricultural land of 20 households, thus they are considered severely affected.

I. Binh Thuan Subproject 14. The Binh Thuan Health Care Subproject will support civil works in the upgrading of two

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regional hospitals: Northern Regional Hospital in Bac Binh District, and Southern Regional Hospital in Duc Linh District. a) The Northern Regional Hospital is located at Cho Lau Town, Bac Binh District in the campus of the former Bac Binh Health. At present, the hospital has an area 23,816 m2. It will require an additional 2,784 m2 for the proposed expansion. This expansion will severely affect three households who have residential land and houses in the area. There is also one district-owned TV station affected due to loss of land and structures.

b) The Southern Regional Hospital located at Duc Linh Commune, Duc Linh District currently owns a total land area of 28,216 m2. The expansion will not require additional land and there are no resettlement effects.

III. SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS

15. The socio-economic survey covered 85 households with a total population of 430 persons. The average household size is 4.99. 55.3.% of households have 5-8 members, 35.3% of households have 1-4 members and 9.4% of households have more than 8 members in the family.

Table 3: Household Characteristics

Project sites Household Total Hoa Son Tuy Tay Song Thuan Bac Characteristics HHs Traditional Secondary Vang Tay Medicine An Hoa Cau Bac Med.Sch Binh No. of HH 85 3 9 5 9 15 17 3 20 4 HH Members 430 17 58 26 47 71 67 22 98 24 • Female 228 9 33 14 24 37 34 12 52 13 • Male 202 8 25 12 23 34 33 10 46 11 HH size • Average size: 4.99 5.66 6.4 5.2 5.22 4.73 3.94 7.33 4.9 6.0 • 1-4 persons: 30 1 4 2 2 4 6 0 10 1 • 5-8 persons: 47 2 5 3 6 9 10 2 7 3 • Over 8 8 0 0 0 1 2 1 1 3 0 persons: Note: second socio-economic survey was undertaken between 4 – 11 April 2008 with 25 HHs in 2 updated sites who are considered as severely APs (5 SAPs in Traditional Medicine Hospital, and 20 SAPs in Secondary Medical School).

16. Vulnerable households are households that may be at greater risk from impacts of land acquisition and resettlement. As a consequence, they are entitled to additional assistance (cash or in-kind) to help them restore their living and socio-economic conditions. The following table summarizes the numbers of vulnerable households found in the project sites. Details are in Table 18:

(i) There are two ethnic minority households in the Son Tay project site, Quang Ngai province, representing about 1.4% of affected households. The two households will be relocated to a resettlement area near their current residences and receive social assistance allowances as detailed in the Entitlement Matrix.

(ii) Female-headed households: in the nine subproject areas, the number of female-headed households is 15, representing about 13.4 % of affected households. They are mainly

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located in Song Cau, and in the Secondary Medical School in Phan Rang-Thap Cham city.

(iii) There are no surveyed households in the project sites that have been classified as poor, according to MOLISA criteria.

(iv) In Bac Binh subprojct (Binh Thuan province) and Son Tay subproject (Quang Ngai province) there are three households who are headed by disabled persons, elderly people without support, or war heroes (known as “Policy Households”), representing about 2.7% of affected households.

Table 4: Summary of Vulnerable Households

Project Sites Vulnerable HHs Total HHs Hoa Son Traditional Tuy Tay Song Thuan Secondary Bac Vang Tay Medicine An Hoa Cau Bac Med.Sch Binh Ethnic minority 2 0 2 0 0 0 0 0 0 0 Female-headed 15 0 0 2 1 2 5 1 4 0 Poor 0 0 0 0 0 0 0 0 0 “Policy HHs” 3 1 0 0 0 0 0 0 2 Totals 20 0 3 2 1 2 5 1 4 2

17. With regard to educational achievement, most of the affected household heads reached primary and secondary levels. More than a third (35.3%) reached primary level, 49.4% reached secondary level, and 10.6% reached high school level. Only 3.5% reached university level. There are only 1 affected households from Son Tay who did not go to school. The education level of household members in the 9 subproject areas is generally low. Most of them only reached primary and secondary level. The survey shows that the main reason for pupils not going/continuing to go to school are (i) financial difficulties; (ii) their household needs labor in agriculture; (iii) travel with family to other places to work, mostly in Tay Hoa (Phu Yen). The percentage of students that go to the school is about 53% of boys and 47% of girls.

Table 5: Education Levels of Affected Household Heads

Project Sites Education Levels Total HH Heads HHs Hoa Son Traditional Tuy Tay Song Thuan Secondary Bac Vang Tay Medicine An Hoa Cau Bac Med.Sch Binh 1. No formal schooling 1 0 1 0 0 0 0 0 0 0 2. Primary school 30 1 4 3 3 5 7 3 2 2 3. Secondary school 42 2 3 2 5 7 6 0 15 2 4. High school 9 0 0 0 1 2 4 0 2 0 5. University 3 0 1 0 0 1 0 0 1 0 Totals 85 3 9 5 9 15 17 3 20 4

18. The primary source of income of most households in the nine subprojects is from agricultural production. There are 50 affected households who derive their main source of

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income from agricultural production (58.8%); followed by hired labor at 11.7% and ten households (11.7%) are engaged in business as their main income source and 6 households are employees( 7.0%). There are only 8 households (9.4%) who have their main income source from wages and salary.

Table 6: Sources of Household Income

Project sites Main HH Income Total Sources APs Hoa Son Traditional Tuy Tay Song Thuan Secondary Bac Vang Tay Medicine An Hoa Cau Bac Med.Sch Binh 1. Agriculture 50 2 6 5 7 11 2 3 14 2. Business 10 0 2 5 2 1 3. Employee 6 1 1 0 4 0 4. Wages/salary 8 1 0 1 3 2 1 5. Hired labour 10 0 2 1 3 2 2 6. No answer 1 1 0 0 Totals 85 3 9 5 9 15 17 3 20 4

19. The results of the socio-economic survey show that the average monthly income per household from agriculture is around VND 1,400,000 - 1,550,000. Households engaged in business earn between VND 2,500,000 - 4,000,000 per month. They are mostly from Ninh Hai and Song Cau areas.

20. In Ninh Hai subproject, 7 households who have affected land derive their main source of income from business activities, and have retail shops-cum-residence. In Song Cau subproject, of the 5 households who derive their main income from business, 3 have to relocate due to the expansion. The remaining 2 households have their shops in the town market and will not be affected by the expansion.

21. The majority (90%) of the affected households have their main source of electricity from the national power grid. 81% have access to clean water (town piped water supply). With regard to toilet facilities, more than three quarters use fishponds to discharge their wastes. Only 21% have sealed toilets, mainly households in the Song Cau and Bac Binh districts, and Khanh Hai town.

22. Almost all households go to public health care services. Average distance to the health center is about 200m. All households live near the commune markets at an average distance of 100m. Primary and secondary schools are on average less than a kilometer from their houses.

23. All affected households with residential and garden land have either permanent land use rights certificates (LURCs) or they are in the process of getting LURCs. For agricultural and salt-making land, people have LURCs for 30-50 years. For the 15 households cultivating CPC- land, they cannot be considered renters as they were allocated land temporarily from 2004-2009 by the commune people’s committee at no cost to these households.

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Table 7: Tenure Status of Households

Province Project sites No. of APs APs with LURC for APs with LURC for residential land productive land No.of APs % of APs No. of APs % of APs 1 Da Nang Hoa Vang 4 1 25 2 50 2 Quang Ngai Son Tay 9 5 55.5 4 44.5 3 Binh Dinh Traditional 14 2 100.0 5 35.7 Medicine Hosp 4 Song Cau 17 12 70.6 5 29.4 Phu Yen Tuy An 24 3 12.5 5 20.8 Tay Hoa 15 1 6.6 14 93.4 5 Ninh Thuan Thuan Bac 4 2 50 Secondary 28 2 7.7 26 100.0 Medical Sch. 6 Binh Thuan Bac Binh 4 4 100 Totals 119 30 63 Note: Among the 119 APs there are 7 state-owned companies, and CPCs.

24. The former security guard employee of the Hoa Vang Pharmaceutical Company has been living with his family in the project site since 1987. He stopped working for the pharmaceutical company in 2007 and is now working as a truck driver. The PPC has recently allocated him a 80 m2 plot of residential land in Hoa Tho Commune, Hoa Vang district, about 1.5 km to the west of their recent residence. The new residential lot has been given to the employee for free and the said employee agreed to relocate to the new site.

25. Gender Analysis. Women play an important role in the livelihoods of the agricultural households that predominate in the subproject areas in Khanh Hai (Secondary Medical School) ,and of the business-trading households in Song Cau subproject. The following summarizes the existing conditions of women:

(i) Overall, women head are 15 occupying 17.6% of surveyed households that will be directly affected by the Project, compared to a national average of 24%. In the area of Song Cau hospital, the percentage is 29.4%, in Traditional Medicine Hospital 14.3, in Secondary Medical School 15.4%. Women who head households are from all age groups, from women in their thirties to elderly women in their sixties.

(ii) In the subproject areas, women work alongside their husbands and adult children to sustain livelihoods based on rice cultivation, other agricultural activities, and some business-trading activities. Three of the 5 women heading households in Song Cau subproject are working in small business-trading activities, and two are working in government offices. All six (6) women – headed households in the Traditional Medicine and Secondary Medical School subprojects are working in agricultural production. Three of the 15 households with temporary use rights are female-headed and they all work in agricultural production.

(iii) Women are engaged in micro and small businesses, particularly as a secondary source of household incomes. At present, however, trade, services and other non-agricultural activities play more important roles in the livelihoods of people living in the nine subproject areas.

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IV. PROJECT OBJECTIVES, POLICIES, AND PRINCIPLES

26. The main objective of the RP is to ensure that persons affected by the Project will be at least as well off, if not better off, than they would have been without the Project. Affected persons should be able to restore and preferably improve their standard of living and quality of life after resettlement. Affected vulnerable persons will be assisted to improve their standard of living and quality of life.

27. The legal and policy framework for compensation, resettlement and rehabilitation under the Project is defined by the relevant laws and regulations of the Government of Viet Nam and the ADB policies. In case of discrepancies between the Borrower’s laws, regulations, and procedures and ADB's policies and requirements, ADB's policies and requirements will prevail, consistent with Decree No. 131/2006/ND-CP which provides that in case of “discrepancy between any provision in an international treaty on Official Development Assistance, to which the Socialist Republic of Viet Nam is a signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall take precedence” (Article 2, Item 5).

A. Relevant Vietnamese Legislation

28. The Constitution of the Socialist Republic of Viet Nam (1992) confirms the right of citizens to own and protect the ownership of a house. In addition, the Government has enacted a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation and resettlement. The principal documents include the Land Law No. 13/2003/QH11, providing Viet Nam with a comprehensive land administration law; Decree No. 197/2004/ND-CP, on compensation, rehabilitation and resettlement in the event of land recovery by the State, as amended by Decree No. 17/2006/ND-CP; Decrees No. 188/2004/ND- CP and 123/2007, specifying the methods for land pricing and land price frameworks in the event of land recovery by the State.

29. Other laws, decrees and regulations relevant to land management, land acquisition and resettlement include the Construction Law 16/2003/QH11 on compensation and relocation of people affected by ground clearance for investment projects, Decree 16/2005-ND-CP on the implementation of the Construction Law, Decree 182/2004/ND-CP on penalties for administrative violations in land issues, and Decree 198/2004/ND-CP on land use fees.

30. Laws, decrees and decisions relevant to public disclosure of information include Land Law, No. 13/2003/QH11, Article 39, requiring disclosure of information to affected people prior to recovery of agricultural and non-agricultural land of, respectively, 90 and 180 days minimum and Decision 3037/QD-BGTVT, 2003, making the Project Management Unit (PMU) together with the Resettlement Committee responsible for public disclosure through mass media of the Project policies and the extent of site clearance to local people, particularly those that will be affected.

31. Decrees relevant to protection and preservation of cultural property include Decree No. 172/1999/ND-CP, Article 25, requiring that sites currently recognized for cultural and historical preservation and that are situated within the boundaries of waterway safety corridors, should be kept intact according to current legal regulations.

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B. ADB’s Policies

32. The following summarizes the key ADB policies relevant to the preparation of the Resettlement Plan for the Project.

33. The aim of ADB Policy on Involuntary Resettlement is to avoid or minimize the impacts on people, households, businesses and others affected by the acquisition of land and other assets, including livelihood and income. Where resettlement is not avoidable, the overall goal of the ADB policy is to help restore the living standards of the affected people to at least their pre-Project levels by compensating for lost assets at replacement costs and by providing, as necessary, various forms of support.

34. The main objectives and principles of the ADB Policy on Involuntary Resettlement are as follows:

a. Involuntary resettlement should be avoided where feasible. b. Where population displacement is unavoidable, it should be minimized by exploring all viable project options. c. All compensation is based on the principle of replacement cost. d. Each involuntary resettlement is conceived and executed as part of a development project or program e. Affected people should be fully informed and consulted on compensation and/or resettlement options. f. Institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported. Affected people are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted. g. The absence of a formal legal title to land is not a bar to ADB policy entitlements. h. Affected people are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cut-off date, preferably at the project identification stage, to prevent a subsequent influx of encroachers of others who wish to take advance of such benefits. i. Particular attention must be paid to the needs of the poorest affected households and other vulnerable groups that may be at high risk of impoverishment. This may include affected households without legal title to land or other assets, households headed by women, the elderly or disabled, and ethnic minority peoples. Appropriate assistance must be provided to help them improve their socio-economic status. j. The full costs of resettlement and compensation should be included in the presentation of project costs and benefits. k. Relocation and rehabilitation may be considered for inclusion in ADB loan financing for the project, if requested, to assure timely availability of the required resources and ensure compliance with involuntary resettlement procedures during implementation.

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35. The ADB Policy on Indigenous Peoples (1998) focuses on the participation of indigenous peoples in development and avoiding any undesired effects of development. Indigenous or ethnic minority peoples are defined as “those with a social or cultural identity distinct from the dominant or mainstream society, which makes them vulnerable to being disadvantaged in the processes of development”. The Policy recognizes the potential vulnerability of ethnic minorities in the development process; that ethnic minorities must be afforded opportunities to participate in and benefit from development equally with other segments of society; and, have a role and be able to participate in the design of development interventions that affect them.

36. The policy on indigenous peoples is “designed to promote the participation of indigenous peoples in project preparation and implementation, to ensure that they benefit from development interventions that would affect them, and to provide effective safeguards against any adverse impacts”. In any ADB interventions, the approaches to be used are as follows: (i) to achieve the greatest possible reduction of poverty among the affected indigenous peoples; (ii) when negative impacts are unavoidable, they should be minimized as much as possible, and appropriate measures will be taken to mitigate the adverse impacts; (iii) in enhancing the benefits of a development intervention for indigenous peoples or reducing negative impacts of a development intervention, clear mechanisms for accurate and objective analysis of their circumstances will be prepared; and (iv) the mechanisms for any intervention must be transparent and should ensure accountability.

37. ADB’s Policy on Gender and Development adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate and that their needs are explicitly addressed in the decision-making process. For projects that have the potential to have substantial gender impacts, a gender plan is prepared to identify strategies to address gender concerns and the involvement of women in the design, implementation and monitoring of the project.

38. Other policies of the ADB that are relevant for resettlement planning and implementation are the (i) Public Communications Policy (March 2005) and OM Section L3/BP (September 2005), and (ii) Accountability Mechanism (OM Section L1/BP, dated 29 October 2003).

C. Reconciliation of Government and ADB Policy on Resettlement

39. With the promulgation of Decree 197/2004/ND/CP (3/12/2004) and relevant decrees stated above, the policies and practices of the Government have become more consistent with ADB’s social safeguards policies. Nonetheless, provisions and principles adopted in this Resettlement Plan will supersede the provisions of the relevant decrees currently in force in Viet Nam wherever a gap exists, as provided for under Decree 131/2006/ND-CP (November 2006), which regulates the management and use of official development assistance. It should also be noted that as per Decree 197/2004, Article 32, it states "Apart from the supports prescribed in Articles 27, 28, 29, 30 and 31 of this Decree, basing themselves on the local realities, the provincial-level People’s Committee presidents shall decide on other supporting measures to stabilize life and production of persons who have land recovered; special cases shall be submitted to the Prime Minister for decision”, therefore, if additional gaps not mentioned below are found during RP preparation.

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40. The differences between the Government’s Laws and Decrees and ADB Policy with regard to resettlement and compensation, and how to address these gaps, are shown in the table below. Table 8: Gaps Between National Laws and ADB Policy

Key Issues National Laws ADB Policy Project Policy Non-titled Decree 197/2004, Articles 6 and Non-titled APs, including Poor and vulnerable non-titled users 121, the Peoples’ Committees displaced tenants, users will be provided of the provinces or centrally-run sharecroppers and squatters, appropriate assistance to help cities shall consider providing are not entitled to them improve their socio- such support on case-by-case compensation for land but are economic status. basis. entitled to payment for non- The security guard employee land assets and assistance to will be provided with a free plot restore their pre-project living of land within the commune. standards. If they are poor and vulnerable, appropriate assistance must be provided to help them improve their socio-economic status. Compensation Decree 123/2007 which amends All compensation is based on Payment for land will be based of land at Decree 188/2004, sets price the principle of replacement on the principle of replacement replacement limits of land and authorizes cost, which is the method of cost. cost Provincial People’s Committees valuing assets to replace the to set local land prices by loss at current market value, establishing ranges for all plus any transaction costs categories of land and land such as administrative prices in each category. The charges, taxes, registration price limit would not be allowed and titling costs. In the to exceed a benchmark price by absence of functions markets, more than 20 per cent nor a compensation structure is undercut the benchmark price required that enables affected by more than 20 per cent. people to restore their However, in remote, isolated livelihoods to levels at least areas, or an area with socio- equivalent to those maintained economically difficult conditions, at the time of dispossession, poor infrastructure, when the displacement, or restricted actual price of land in the access. market is lower than minimum price limit in the Decree, the provincial people’s committee will adjust the specific price to be applied locally and report it to the Ministry of Finance. Houses and Decree 197/2004, Articles 18- For non-land assets, all Payment for structures, structures 20: Houses and structures eligible affected people, regardless of tenure status, constructed prior to land use whether titled, legalizable, or will be compensated at full plans or the right of way non-titled, need to be replacement cost. Additional announcements will be assisted compensated at replacement cash or in-kind assistance will at 80% of replacement cost. cost, through cash or be provided on a case-by-case Houses and structures replacement assets. basis. constructed after land use plans or the right of way announcements will be provided assistance on case-by-case basis. Non- Decree 187/2004, Articles 26- For non-land assets, all Non-registered businesses will registered 28: Only registered businesses eligible affected people, be eligible for cash or in-kind business are eligible for assistance. whether titled, legalizable, or assistance, this includes non-titled, need to be renters of structures, tenants compensated at replacement and employees

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Key Issues National Laws ADB Policy Project Policy cost, through cash or replacement assets. Included among these APs are renters of buildings, tenants and employees of affected businesses. Provision of Decree 187/2004, Articles 28- Rehabilitation assistance is Rehabilitation assistance will rehabilitation 29: APs losing more than 30% required for those who lose be provided to those who lose assistance of productive land will be 10% or more of their 10% or more of their entitled to living stabilization and productive income generating productive income generating training/job creation assistance. assets and/or being physically assets and/or being physically Decree 17/2006 strengthens displaced. displaced. The Project will this provision and provides for focus on strategies to avoid long term assistance to poor Focus on strategies to avoid further impoverishment and households. further impoverishment and create new opportunities to create new opportunities to improve status of the poor and improve status of the poor and vulnerable people. vulnerable people. The Project will compensate for loss of income from annual crops for one-year in addition to the transition subsistence allowance.

D. Principles of Resettlement

41. The basic principles of the Project are as follows:

a. Acquisition of land and other assets, and resettlement of people will be avoided or minimized as much as possible by identifying possible alternative project designs and appropriate social, economic, operation and engineering solutions that have the least impact on populations in the project area.

b. Affected households residing, working, doing business and/or cultivating land within the project impacted areas during the conduct of the census and inventory of losses survey (IOL), are entitled to be compensated for their lost assets, incomes and businesses at replacement cost, and will be provided with rehabilitation measures to improve or at least maintain their pre-Project living standards, income-earning capacity and production levels.

c. Affected households will be eligible for compensation and rehabilitation assistance, irrespective of tenure status, social or economic standing and any such factors that may discriminate against achievement of the resettlement objectives explained above. Lack of legal rights to lost assets or adversely affected tenure status and social or economic status will not bar the affected households from entitlements to such compensation and rehabilitation measures.

d. Affected households will be fully consulted and given the opportunity to participate in matters that will have adverse impacts on their lives during the design, implementation and operation of the Project. Moreover, plans for the acquisition of land and other assets will be carried out in consultation with the

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affected households who will receive prior information of the compensation, relocation and other assistance available to them. e. Any acquisition of, or restriction on access to, resources owned or managed by the affected households as a common property, e.g., communal forest, communal farm, will be mitigated by arrangements that will ensure access of those affected households to equivalent resources on a continuing basis. f. There will be no deductions in compensation payments for land, structures or other affected assets for salvage value, depreciation, taxes, stamp duties, fees or other payments. g. Shop owners and operators will be allowed to construct a replacement of their stalls before demolishing the existing ones in order to minimize, if not avoid, income loss arising from the disruption of business operation. h. Affected households that lose only part of their physical assets will not be left with a portion that will be inadequate to sustain their current standard of living. The minimum size of remaining land and structures will be agreed between Project authorities and the affected households during the detailed resettlement planning process. i. Temporarily affected land and communal infrastructure will be restored to pre- Project conditions. j. There will be effective mechanisms for hearing and resolving grievances during the planning and implementation of the RP. k. Existing cultural and religious practices will be respected and, to the maximum extent possible, preserved. l. Special measures will be incorporated in this RP and in complementary mitigation and enhancement activities to protect socially and economically vulnerable groups at high risk of impoverishment, such as ethnic minorities, female-headed families, disabled-headed households, landless households, children and elderly people without support structures, and people living in poverty. Appropriate assistance will be provided to help them improve their socio-economic status. m. Adequate resources will be identified and committed during the preparation and implementation of the Updated Subproject RPs. This includes adequate budgetary support fully committed and made available to cover the costs of land acquisition, compensation, resettlement and rehabilitation within the agreed implementation period for the Project; and, adequate human resources for supervision, liaison and monitoring of land acquisition, resettlement and rehabilitation activities. n. Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system.

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o. This RP or its summary and the updated Subproject RPs or their summaries will be translated into local language and placed in commune offices for the reference of affected households as well as other interested groups.

p. Civil works contracts will not be awarded for a specific subproject or geographic area until (i) compensation payment and relocation to new sites have been satisfactorily completed for that subproject or geographic area; (ii) agreed rehabilitation program is in place; and (iii) the area is free from all encumbrances as per approved RP.

q. Cash compensation or replacement land for affected households losing entire residential land will be made available well ahead of civil works to allow the affected households sufficient lead time to reconstruct their houses.

r. No demolition of assets and/or entry to properties will be done until the affected household is fully compensated and relocated.

V. CUT-OFF DATE OF ELIGIBILITY AND PROJECT ENTITLEMENTS

42. Cut-off Date. All APs who are identified in the project-impacted areas on the cut-off date will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date is the final day of the census and inventory of losses survey (IOL) in each subproject area. Those who encroach into the subproject area after the cut-off date will not be entitled to compensation or any other assistance unless there is a change of scope and/or unanticipated impacts caused during construction.

43. Entitlements. Based on the impacts found during the inventory of losses, the entitlement matrix below presents the corresponding compensation and allowances. During RP updating and following detailed design, a detailed measurement survey will be the basis for determining the final entitlements based on actual impacts/losses including appropriate relocation and rehabilitation assistance and special assistance to poor and vulnerable groups. Replacement cost surveys will be carried out to determine actual replacement costs and rates. Standards described below will not be lowered but can be enhanced in the RP as required.

Table 9: Entitlement Matrix

Impacts Eligible APs Entitlements Permanent For legal and legalizable Land-for-land as a priority for totally affected land or if acquisition of land owners remaining land is no longer viable. The land will be of similar productive value for agricultural/productive land, or of similar 112 households + characteristics or attributes for residential land, at a location 7 government and state- acceptable to the affected household. Replacement owned companies residential and agricultural land will be as close as possible to the land that is lost. All replacement land for residence and agriculture will be provided with secure tenure. Replacement land will have similar access to basic facilities.

If cash compensation, (i) Productive land. Cash compensation at replacement cost which is equivalent to the current market value of land that reflect recent land sales and in the absence of recent sales,

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Impacts Eligible APs Entitlements based on productive value without deduction for taxes and/or costs of transaction

(ii) Residential land. Cash compensation at replacement cost which is equivalent to the current market value that reflects recent land sales and in the absence of such recent sales, based on similar location attributes without deduction for taxes and/or costs of transaction.

15 households allocated Not entitled to payment for land, however, they are entitled to temporary use of land by the cash assistance to cover investment made on land which is commune (Tuy An Regional 30% of total replacement cost of the land1. These households Hospital) will continue to cultivate remaining portion of Commune Peoples' Committee (CPC)-land

Houses and All owners regardless of land Cash compensation based on current market prices of Structures including tenure status materials and labor with no deduction for depreciation or shops salvageable materials.

Crops, and trees All owners regardless of land (a) annual crops (e.g. paddy, maize) will be compensated in tenure status cash equivalent to one year's harvest based on current market value of the crops; (b) Perennial crops and trees will be compensated in cash based on the current market value given the type, age, and productive value (future production) (c) Timber trees will be compensated in cash based on diameter at breast height at current market value. Temporary impacts All APs (i) Payment of rent for the use of land during temporary use (during construction) which should not be less than the unrealized income and revenue that could be generated by the property during the period of temporary use of the land; (ii) cash compensation at replacement cost for affected fixed assets (e.g., structures, trees, crops); and (iii) restoration of the temporarily used land within 1 month after use of land or removal of contractor’s equipment and materials. The costs will be covered in the contractor’s contract subject to monitoring by the resettlement committee Community / state- Community/State Cash compensation to cover the cost of restoring the owned property facilities. Allowances Transition For relocating households a) Cash assistance equivalent to 30 kg of rice per month per Subsistence (32 households) household member, for 6 months for relocating allowance and households losing more households; than 10% of their productive b) Cash assistance equivalent to 30 kg of rice per month per land (52 households) household member, for 3 months for households losing more than 10% of their productive land. Transportation For relocating households Cash assistance up to VND 3,000,000 per household that allowance and shops relocate within the same province or up to VND 5,000,000 per (32 households) household that relocate to another province Training allowance* For households losing more Training allowance for households who lose more than 10% than 10% of their productive of their productive land is applied in this project to support land households in creating a new job for family income, when (52 households) applicable. An allowance of VND 5 million per HH has been budgeted.

Business transition For affected businesses APs are entitled to VND2 million cash payment of income allowance (4 shops) Transition allowance to compensate for loss of income Incentive allowance For relocating households Cash bonus up to VND 2 million per household for

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Impacts Eligible APs Entitlements (30 households, excluding 2 households that dismantle structures and hand over the HHs in Traditional Medicine productive land to the project from affected land in a timely Hospital) fashion.** and households losing more than 10% of their productive land (52 households) Social assistance For households considered In addition to the allowances stated above, additional social allowance by the province as “policy assistance allowance for poor and vulnerable households households” amounting to 2 million VND per household. (3 households) Other vulnerable households not covered under the “policy households” of the Government will be assisted in cash or in- kind in consultation with them during RP updating. Other income For severely affected and Technical assistance /income restoration programs will be restoration vulnerable households designed during RP updating. This may include, among measures others, (i) improved productivity for existing activities such as rice cultivation and extensive shrimp farming if needed; (ii) diversification of agricultural activities in terms of new crops, agro-processing and other activities; (iii) demand-based training courses on rural development, agricultural extension and animal breeding. *PPC sends affected households for job training/vocational training. However, the PPC can decide to provide cash assistance instead at the request of the affected households. ** As per Decree 197/CP

VI. CONSULTATION AND GRIEVANCE REDRESS MECHANISM

A. Objectives of Public Information and Consultation

44. Information dissemination to, consultation with, and participation of APs and involved agencies maintains transparency of the Project, reduces potential conflicts, minimizes the risk of Project delays, and allows the compensation to suit the needs and priorities of the APs. The main objectives of the public information campaign, stakeholders’ participation and APs’ consultation programs are to (i) provide APs with full information on the proposed project, its components and activities; (ii) obtain information on needs and priorities of APs and affected communities, their reactions towards project proposed policies and activities; (iii) achieve cooperation and participation of APs in proposed activities related to RP preparation and implementation; (iv) ensure that APs are able to participate in and make fully informed choices on issues that directly affect their incomes and living standards; and (v) ensure transparency in all activities related to land acquisition, relocation and rehabilitation.

45. At the early stages of project preparation, local authorities and leaders of different administrative levels in each of the Project towns were informed about the project proposal, its objectives, and proposed activities. The meetings covered issues about their development needs and resettlement impacts, their perception towards the project, technical designs, and their tasks and roles in project planning and implementation.

46. During consultations in December 2007 and April 2008, affected persons were also informed about the proposed Project on an individual household basis. They have been consulted about how the Project would directly affect them, and have been involved in developing the proposed resettlement and compensation packages. Some have also expressed their preferences for the type of compensation. Consultations revealed that some households preferred land-for-land compensation and as a result, provincial/district authorities have identified resettlement sites. Additional consultations will be carried out during implementation once compensation packages are updated and finalized. A total of 31 women

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were consulted individually and during group meetings.

47. During RP updating, separate consultations will continue to be held with APs to ensure that they participate in RP updating and implementation and that their needs and concerns are addressed in the updated subproject RPs. This will be monitored during implementation.

48. Consultation and disclosure will be continued in the project implementation stage, using different methods of information dissemination to provide the concerned public, and especially APs, with full information to make their best choices to overcome problems or difficulties in their resettlement transition period and rehabilitate or improve their incomes and living standards. A public information booklet has been prepared (Attachment 3) and translated into Vietnamese. It was disclosed to APs before appraisal. Key information disclosed include (i) compensation, relocation and rehabilitation options, (ii) DMS results, (iii) detailed asset valuations, (iv) entitlements and special provisions, (v) grievance procedures, (vi) timing of payments, and (vii) displacement schedule.

49. Methods for project information and public consultation will include site and household visits, public meetings, group and focus group discussions and the household socioeconomic survey. The information gathered from the consultation process will be used for further assessing project resettlement impacts, to clarify recommendations on possible alternative technical options for reducing and/or mitigating potential negative resettlement impacts on the local population, and to proactively address issues or problems that may emerge during implementation. Public information campaigns and consultations with affected persons will be continued to be documented.

50. In addition to disclosure of information to affected people and communities, draft and final RPs and updated subproject RPs will be uploaded on ADB’s website.

B. Grievance Redress Procedures

51. It is the responsibilities of resettlement committees (RCs) to help resolve confusion, misunderstandings or problems about land acquisition, compensation rates, rehabilitation and relocation. To ensure that all grievances of those affected on any aspect of land acquisition, compensation, relocation, and determination and payment of entitlements are resolved in a timely and satisfactory manner, and that all avenues for airing grievances are available, detailed procedures for hearing and redressing grievances, including appeal processes, will be made public through an effective public information campaign. The affected individuals will be made fully aware of their rights (both verbally and in writing) during consultations and at each phase of the resettlement process. 52. A four-stage procedure for redress of grievances is presented below:

Stage 1: An aggrieved affected household may bring his/her complaint before any member of the Commune People’s Committee, either through the Village Chief or directly to the CPC, in writing or verbally. It is incumbent upon said member of CPC or the village chief to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected household and will have 15 days following the lodging of the complaint to resolve it. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles.

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Stage 2: If after 15 days the aggrieved affected household does not hear from the CPC, or if the affected household is not satisfied with the decision taken on his/her complaint, the affected household may bring the case, either in writing or verbally, to any member of the DPC or the District RC. The DPC in turn will have 15 days following the lodging of the complaint to resolve the case. The District RC is responsible for documenting and keeping file of all complaints that it handles.

Stage 3: If after 15 days the aggrieved affected household does not hear from the District RC, or if the affected household is not satisfied with the decision taken on his/her complaint, the affected household may bring the case, either in writing or verbally, to any member of the PPC or the Provincial RC. The PPC has 15 days to resolve the complaint to the satisfaction of all concerned. The Provincial RC is responsible for documenting and keeping file of all complaints that reaches it.

Stage 4: If the complainant is not satisfied with the decision taken on his/her complaint at the provincial level, the case may be brought to the People’s court for adjudication. Under no circumstance will the affected household be evicted from his/her property or for the Government to take over his/her property without the explicit permission of the court. Pending the settlement of their complaints, the AP will abide by the decision, hand over their land according to plan and deadline already decided by the People’s Court.

VII. RELOCATION, COMPENSATION AND INCOME RESTORATION

A. Relocation Options

53. The result from the inventory of losses showed that there are 37 households that will be required to relocate. As per consultation with these affected households, 26 households opted to move to the new district/town resettlement sites and the remaining 11 households opted for cash payment and to relocate on their own by purchasing land in the district town to build the houses. Details are presented in Table 10.

Table 10: Resettlement Options for Relocating Households

Affected Households Province Project sites Relocation options No. of HHs Relocating Resettlement Individual APs site relocation 1 Da Nang Hoa Vang 4 2 0 2 2 Quang Ngai Son Tay 9 4 4 0 3 Binh Dinh Traditional 14 2 2 0 Medicine hosp. 4 Song Cau 17 11 8 3 Phu Yen Tuy An 9 3 0 3 Tay Hoa 15 1 0 1 5 Ninh Thuan Thuan Bac 4 - - - Secondary 28 6 6 0 Medical School 6 Binh Thuan Bac Binh 4 3 2 1 Total 104 32 22 10

54. With regard to the relocation sites, the following sites have been identified:

a) Son Tay District, Quang Ngai Province: Based on discussions held with the local

29

authorities of Son Tay district People's Committee, a new residential area located about 700 m from the town center is available and plots of land for relocating households will be allocated here.

b) Nhon Phu Ward, Quy Nhon city: There is a new available resettlement site located in Nhon Phu Ward, Quy Nhon city about 1 km to the southeast of the project area with complete infrastructure and basic facilities. People’s Committee of Binh Dinh province already issued Decision No. 782 and 783/QD-UBND dated 7 March 2008 to allocate 2 lots for two relocating APs.

c) Song Cau District, Phu Yen province: There are two new available residential areas with complete infrastructure and basic facilities where residential plots can be provided to affected households who opt to relocate to resettlement sites: one site named Tay Dan Phuoc located at about 700 m from existing district hospital with total 128 plots where the district PC has reserved 38 plots for the project; another site named South Nguyen Hong Son located at about 2 km south from the center of the town where plots are available for relocating households.

d) Khanh Hai District, Ninh Thuan Province: There will be a new resettlement site located in Khanh Hai town about 3 km to the East of the city centre. Local authorities will give priority to allocate lots for 6 relocating APs who opted to relocate in this resettlement area.

e) Bac Binh District, Binh Thuan Province: Local authorities will allocate free plots of land and new houses to two relocating households, because these households are poor and vulnerable households who receive special allowance from the Government.

B. Compensation and Income Restoration

55. A total of 52 households will be severely affected due to loss of more than 10% of their productive land. In consultation with these households, all households prefer to receive cash compensation for their land rather than provided land by the Project. The PPMU and the RCs will assist the severely affected households to identify and negotiate the purchase of replacement land when applicable. Moreover, the PPMU and the RCs will assess the needs of severely affected households for training and other technical assistance. This may include, among others, (i) improved productivity for existing activities such as rice cultivation and extensive shrimp farming if needed; (ii) diversification of agricultural activities in terms of new crops, agro-processing and other activities. For the 4 affected businesses, the shops will be located in district markets with similar lease arrangements. Relocation of shops will not take place until suitable sites are identified and the sites are satisfactory to the affected shop owners.

VIII. GENDER, ETHNIC MINORITIES AND VULNERABILITY

56. The Project recognizes that certain social groups may be less able to restore their living conditions, livelihoods and income levels; and therefore are at greater risk of impoverishment when their land and other assets are affected. Of the 20 vulnerable households, 15 female- headed are found to be severely affected: five from Song Cau, 4 from secondary medical school, 2 from Tuy An, 2 from Traditional medicine hospital, 1 from Tuy An, and 1 from Thuan Bac subproject areas. Two Ethnic Minority Households will be affected. Vulnerable households will be provided with social assistance allowances and appropriate income restoration

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measures (such as the identification of necessary farm inputs to make the land more productive) in consultation with them2. Finding replacement land for these households will be a priority. Their options for relocation and special needs during relocation will be carefully identified and addressed. Separate consultations will be held with women and vulnerable households from RP updating to implementation on specific resettlement concerns, such as compensation, relocation and rehabilitation of livelihoods.

Table 11: Vulnerable Households

Vulnerable Households Province Subprojects Total APs Ethnic Female headed "Policy" APs Minority Da Nang Hoa Vang 4 Quang Ngai Son Tay 9 2 1 Binh Dinh Traditional Medicine 14 2 hospital Song Cau 17 5 Phu Yen Tuy An 24 1 Tay Hoa 15 2 Ninh Thuan Thuan Bac 4 1 Secondary Medical 28 4 School Binh Thuan Bac Binh 4 2 TOTALS 119* 15 2 3 * Seven APs are state-owned companies and CPCs

IX. INSTITUTIONAL ARRANGEMENTS

57. The Ministry of Health (MOH) is the executing agency for the Project. The provincial project management units (PPMUs) will be the principal units for project implementation in each province, while the project management unit (PMU) under MOH will provide technical, coordination, and logistics support. The MOH is responsible for approving the RP and the PMU will be responsible for overall coordination of resettlement policies. The PPMUs will ensure coordination of provincial and/or district agencies involved in resettlement, reviewing compensation rates and the resettlement budget, and will ensure that the RPs for the respective provinces are approved and endorsed by the PPC.

58. The respective resettlement committees will carry out all land acquisition, compensation, relocation, and income restoration activities relating to provincial or district development projects. It will be headed by the vice-chairperson of the town or district and will have members from different departments and representatives from the affected persons. Local-based organizations such as the farmer’s group or women’s union may also be members of the resettlement committee to assist during RP updating and implementation.

59. Due to the number of subprojects and the limited capacity of the PMU, PPMU and resettlement committees to prepare, update and implement the RP following ADB’s policies and requirements, a national social development specialist will be engaged by the Project to provide

2 This assistance will be provided to vulnerable households to help them improve their socio-economic status.

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technical assistance to local administrative authorities and resettlement committees in updating and implementing the RP, and to ensure that resettlement activities meet Vietnamese and ADB regulations on involuntary resettlement. The social development specialist will provide capacity building and training in resettlement to the Government, PMU, PPMU, and resettlement committees, as needed. The specialist will work closely with the PPMU to internally monitor and evaluate all resettlement activities.

X. RESETTLEMENT BUDGET AND FINANCING

60. The current cost of resettlement for the Project is estimated at about US$ 1.230 million. This amount covers the cost of land acquisition, compensation for non-land assets, allowances, income restoration measures, administrative costs, monitoring and contingencies. Adequate budgetary support will be fully committed and made available by the MOH, with provincial and district authorities, to cover the costs of land acquisition and resettlement within the agreed implementation period.

61. A land market study was undertaken during RP preparation. It was found that the rates issued by the respective people’s committees are very close to the current market value of land in the area. During RP updating, the rates will be updated through the conduct of a more detailed replacement cost survey to ensure that the affected people will be compensated at replacement cost.

Table 12: Cost Estimate for 9 Subproject (US$1 = VND 16,000 as of 30 April 2008)

External Monitoring, Compensation & Admin, Contingencies Grand Total Subproject Allowances (VND) (VND)3 Grand Total (VND) (US Dollars)

Hoa Vang 3,643,177,600.00 619,340,192.00 4,262,517,792.00 266,407.36

Son Tay 1,443,500,000.00 245,395,000.00 1,688,895,000.00 105,555.94

Tuy An 1,581,450,000.00 268,846,500.00 1,850,296,500.00 115,643.53 Traditional Medicine 1,263,119,250.00 214,730,272.50 1,477,849,522,50 92,365.60

Song Cau 2,535,750,000.00 431,509,500.00 2,967,259,500.00 185,453.72

Tay Hoa 2,027,700,000.00 344,709,000.00 2,372,409,000.00 148,275.56

Thuan Bac 629,869,000.00 107,077,730.00 736,946,730.00 46,059.17

Secondary Medical School 2,742,390,000.00 466,206,300.00 3,208,596,300.00 200,537.27

Bac Binh 948,420,000.00 161,231,400.00 1,109,651,400.00 69,353.21

VND 16,815,375,850.00 2,859,045,894.50 19,674,421,744.50

In USDollars 1,050,961.00 178,690.36 1,229,651.35 1,229,651.35

62. Detailed breakdown of costs per subproject is presented in Attachment 2.

3 Includes provisions for external monitoring and additional income restoration programs, as required.

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XI. IMPLEMENTATION SCHEDULE

63. RP Updating. Following the final location of the sites and completion of detailed design per subproject, this RP will be updated per subproject and will be submitted to ADB for review and approval. The following steps need to be undertaken:

(i) Consultation with and information dissemination to the affected households will be undertaken on (a) project scope, (b) impacts (including detailed measurement survey), (c) final entitlements for all categories of losses and allowance; (d) detailed asset valuations based on replacement cost survey, (e) implementation schedule from RP updating to implementation to civil works construction; (f) timing of payments and relocation; (g) institutional responsibilities, and (h) the grievance mechanism. (ii) A resettlement committee will be established at the district or provincial level, if not already done, as soon as the Project has been approved. (iii) resettlement staff will be trained by the social development specialist soon after the Project has been approved. (iv) Replacement cost unit rates will be updated (v) Detailed measurement survey will be conducted following completion of detailed design. (vi) Relocation and income restoration measures will be designed in consultation with the affected households. (vii) The budget will be revised (viii) The updated RP will be prepared and the public information booklet (Attachment 4) will be updated and disseminated to the affected people. (ix) Each updated subproject RP will be submitted to ADB for review and approval prior to commencement of any resettlement activities for a particular subproject. (x) Internal monitoring will start during RP updating and will continue throughout the construction period.

64. Once the updated RP for a subproject is approved by Government and ADB, the provincial people’s committee will release the budget to the district or town resettlement committee. The district or town resettlement committee will then commence disbursement of compensation payment to APs. The venue, usually held in commune office, may change as per request of APs. Copies of payment forms will be provided to APs.

65. Implementation arrangements for resettlement will be coordinated with the civil works schedule. Approval to award any civil works contracts for a particular subproject or geographic area will not be given until the required lands for that particular subproject or geographic area have been fully acquired and affected households are appropriately compensated and relocated in accordance with the principles set out in this RP.

66. The Project will be for a period of 5 years from 2008.

Table 13: Implementation Schedule

RP Updating Activities Schedule Consultation, DMS, SES and Disclosure by subproject Month 1-4 Update compensation rates and apply project entitlements Month 4 Approval of updated subproject RP by PPC and MOH Month 5 Approval of updated subproject RP by ADB Month 6

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Implementation of Updated subproject RP, including Month 7-10 compensation and relocation of affected persons and assisting them in developing new land, in accordance with the principles set out in this RP Award of civil works contracts for subproject or geographic Month 11 area Internal and external monitoring Continuous Clearance of acquired land Month 11- onwards Handover of site to contractors, start of civil works Month 13 - onwards

XII. MONITORING AND EVALUATION

67. RP implementation will be monitored internally with the objective of providing feedback to management on implementation and identifying problems and successes as early as possible to facilitate timely adjustment of implementation arrangements. Regular monitoring of the RP implementation will be conducted by the implementing agencies and ADB, as well as by the social development specialist. Internal monitoring and supervision will have the following objectives:

a. Compensation and other entitlements are computed at rates and procedures as provided in the approved RP, with no discrimination according to gender, membership in an ethnic group or any other factor;

b. Affected households are paid their compensation and other entitlements as per approved updated RP, ensuring that all entitlements are delivered as planned and agreed, including compensation in cash or in kind, allowances, replacement land, resettlement sites developed and people moved onto them;

c. income restoration programs designed and delivered including modifications in the programs and provision of additional cash and in-kind assistance to the participating affected households as and when necessary;

d. Public information, public consultation and grievance redress procedures are followed as described in the approved updated RP; and

e. Affected public facilities and infrastructure are restored promptly.

68. One PPMU staff, together with the resettlement committee, and assisted by the national social development specialist, will be responsible for internal monitoring. The PPMU will submit the progress on RP updating and implementation to the PMU. The PMU will prepare a monitoring report on a quarterly basis and submit it to ADB. All social monitoring reports will be uploaded on ADB website.

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Attachment 1: INVENTORY OF LOSSES4

No Name Residential land Main House Productive land Area Remaining Total Area Total Total Area % Area % Lost Area Area Lost Area (m2) Area lost (m2) Area (m2) (m2) (m2) (m2) Lost (m2) Lost I. Da Nang City 1. Hoa Vang District Hospital of Da Nang City IOL date: 10 December 2007 1 Pharmaceutical company 18,564 18,564 - 4,174 4,174 100 2 Nguyen Thi Hong (former employee) 42 42 100 3 Tran Anh Tuan 8,500 620 7.3 4 Hoang Xuan Huynh 7,100 529 7.4 Total 18,564 18,564 - 4,216 4,216 100 15,600 1,149 7.4 2. Sanatoriums and Rehabilitation Hospital of Da Nang City 1 Departments of adult and children 8,070 1,300 ------rehabilitation treatment. Total 8,070 1,300

II. Quang Nam Province

1. Quang Nam Regional Hospital IOL date: 12 December 2007 1 Quang Nam Regional Hospital 23,045 1,000 832 832 Land and houses are owned by hospital Total 23,045 1,000 832 832

2. Bac Tra My District Hospital IOL date: 12 December 2007 Bac Tra My District Hospital 8,859 3,900 1,595 1,595 Land and houses are owned by hospital

Total 8,859 3,900 1,595 1,595

3. Dong Giang District Hospital IOL date: 13 December 2007 Dong Giang District Hospital 10,200 3,250 2,237 2,237 Land and houses are owned by hospital Total 10,200 3,250 2,237 2,237

III. Quang Ngai Province

1. Ba To District Hospital IOL date: 13 December 2007 1 Ba To District Hospital 19,458 no land acquisition Total 19,458

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2. Son Tay District Hospital: IOL date: 14 December 2007 Name of HHs 1 Dinh Thi Deo 700 700 - 40 40 - - - 2 Dinh Hong Nhia 800 250 550 - - - - - 3 Nguyen Quoc Dung 300 300 - 150 150 - - - 4 Vu Van Sau 1,200 1,200 - 200 200 - - - 5 Dinh Thi Nga 200 200 - 50 50 - - - 6 Dinh Xuan Tung 18,000 1,500 8.3 7 Tran Ran 15,500 900 5.8 8 Do Hong Dang 12,000 800 6.7 9 Pham Quoc Hong 14,000 800 5.7 Total 3,200 2,650 550 440 440 59,500 4,000 6.6 3. Tra Bong District Hospital: IOL date: 16 December 2007

1 Tra Bong District Hospital 10,274 no land 5,030 5,030 compens acquisition ated Total 10,274 5,030 5,030 4. Tay Tra District Hospital: IOL date: 16 December 2007 1 Tay Tra District Hospital 13,802 800 32,000 8,392 26.8% 147.0 147.0 compens compensat ated Total 13,802 800 32,000 8,392 26.8% 147.0 147.0 5. Quang Ngai Obstetrics Hospital: IOL date: 16 December 2007 1 Quang Nagi Obstetrics Hospital 16,640 16,640 public land Total 16,640 16,640 IV Binh Dinh Province:

1. Traditional Medicine Hospital

IOL date: 4,5,6 April 2008 1,177 1 Nguyen Khac Can 73 6.19 258 2 Dinh Van Ha 36 14.0

3 Tran Thi Ghe 448 42 9.28

4 Đinh Van Hai 307 74 24.17 1,405 5 Ngyen Van Hung (Mão) 665 47.4 6 Trần Thị Chí 100 100 0 66.0 66.0 100 1079 443 41.05 7 Đặng Thị Tuyết 100 100 0 66.0 66.0 100 256 156 61.40 Total 4,930 1,490 8 Tran Thi Gương Lost trees on public land 9 Tẩn Thi Anh Lost trees on public land 10 Vo Thi Nhieu Lost trees on public land 11 Dinh Su Lost trees on public land 12 Dinh Van Sy Lost trees on public land 13 Nguyen Van Ly Lost trees on public land

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14 Nhon Phu ward PC 17,765

Total 200 200 0 100 4,930 19,455 94.59 V. Phu Yen Province 1. Tuy An Regional Hospital IOL date: 18 December 2007 Residential land Main House Productive land Name of HHs Area Remaining Total Area Total Total Area % Area % Lost Area Area Lost Area Area Area (m2) (m2) (m2) (m2) (m2) Lost (m2) lost Lost (2) 1 Phan Huu Hung 300 300 - 125 125 100 - - - 2 Nguyen Thanh Lieu 150 150 - 100 100 100 - - - 3 Nguyen Van Cong 70 70 - 40 40 100 - - - 4 Nguyen Van Ty 12,500 395 3.16 5 Nguyen Thi Dang 20,800 3,380 16.25 6 Tran Kim No 11,750 537 4.6 7 Tran Huu Hai 13,650 786 5.8 8 Nguyen Minh Tam 18,780 3,494 18.6 9 Public land allocated to about 15 30,888 30,888 100 HHs to cultivate temporarily Total 520 520 265 265 108,368 39,480 15 HHs use cultivating CPC-Land Productivr land (m2)

Total Area % Area landholdin leased lost g (m2) (m2) 1 Nguyen Van Vu 15,257 670 4.4

2 Vo Dam 9,478 442 4.7 3 Pham Thi Ty 12,080 1,140 9.4 4 Nguyen Ba Dat 8,250 305 3.7 5 Pham Ngoc Lan 19,730 1,200 6.1 6 Bui Van Luom 15,920 1,685 4.3 7 Nguyen Van Nhan 9,750 595 6.1 8 Ho Thien Quan 15,050 1,300 8.6 9 Nguyen Hong Chien 8,760 274 3.1 10 Dinh Ba Nguyen 11,300 393 3.5 11 Hoang Van Sinh 10,000 640 6.4 12 Quan Hoang Hai 17,200 540 3.1 13 Trinh Van Luan 12,500 850 6.8 14 Le Van Huan 15,700 265 1.7 15 Tran Van Qunyh 12,500 330 2.6 Total 193,475 10,332 5.34 Notes: 30,888 m2 of cultivating CPC-land, of which 10,332 m2 allocated temporarily to 15 HHs to cultivate soybean; 5,590 m2 of cemetery and 14,966 m2 of eucalyptus managed by CPC 2. Tay Hoa District Hospital IOL date: 19 December 2007 Name of HHs 1 Huynh Van Loc 2,001 300 15.0

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2 Le Dinh Long 1,950 540 27.7 3 Do Quoc Chuong 2,996 1,000 33.4 4 Nguyen Thi Khen 3,582 1,200 33.5 5 Phan Thi De 1,309 1,309 100 6 Truong Thi Nguyet 2,568 135 5.2 7 Le Thi Le 1,761 708 40.2 8 Nguyen Hung 4,057 2,441 60.1 9 Huynh Thi Hoa 1,837 920 50.0 10 Le Trong Tien 1,516 1,516 100 11 Le Van Hoang 1,471 988 67.2 12 Truong Kiem 1,398 537 38.4 13 Truong Cong Nhan 3,511 580 16.5 14 Doan Nhan 2,981 918 30.8 15 People's Committee of Hoa Binh 2,000 2,000 - 108 108 - Total 2,000 2,000 - 108 108 32,938 13,092 3. Song Cau District Hospital IOL date: 20, 21 December 2007 Name of HHs 1 Huynh Thanh Phong 400 400 - 200 200 - 116.3 116.3 100 2 Le Van Quy 200 200 - 100 100 - 97.4 97.4 100 3 Nguyen Thi Ly 124.8 124.8 - 100 100 - 4 Nguyen Van Lanh 132.2 132.2 - 100 100 - 5 Nguyen Thi Nghia 131.4 131.4 - 100 100 - 6 Nguyen Thi Hoa 131.5 131.5 - 100 100 - 7 Nguyen Thi Bong 115.2 115.2 - 100 100 - 8 Nguyen Van Sanh 150 150 - 80 80 - 37.6 37.6 100 9 Nguyen Van Loi 126.4 126.4 - 75 75 - 10 Phan Ngoc Cam 128 128 - 0 0 - 11 Nguyen Thi Yen 80 80 - 80 80 - 12 Nguyen Thi Kim Sa 80 80 - 80 80 - 13 Tran Hay 4,320 2,963 68.6 14 Nguyen Lo 3,280 77.4 2.4 15 Tran Bien 3,460 18.2 0.5 16 Lam Sy Thien 396 184.2 46.5 17 Do Nghiep 4,993 397.9 7.9 Total 1,799.5 1,799.5 1,145 1,145 16,701 3,893 VI. Ninh Thuan Province 1. Thuan Bac District Hospitall IOL date: 25 December 2007 Name of HHs 1 Khuc Duy Bac 18,900 3,358 17.8 2 Doan Dinh Ba 9,650 2,483 25.7 3 Bui Thi Huong 12,600 8,996 71.4 4 Thuan Bac town PC 1,605 1,605 100 Total 42,755 16,442 38.4 3. Secondary Medical School IOL date: 8,9,10,11 April 2008

Van Hai Ward 1 Nguyen Van Tho 158 158 0 85 85 100 2,300 2,162 94.0

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2 Tran Mao 5,381 2,781 51.7 3 Le Ngoc The 1,545 1,545 100 4 Le Van Dang 55 55 100 238 238 100 5 Nguyen Huu Phat 5,558 3,558 64.0 6 Nguyen Thi Thanh 1,100 1,100 100.0 7 Tran Thi My Loan 1,006 1,006 100.0 8 Doan Thi Nguyet 2,658 2,658 100.0 9 Nguyen Hung Dung 50 50 100 950 597 62.8 10 Truong Minh Phung 80 80 0 80 80 100 1,113 1,113 100 11 Nguyen An 3,500 3,235 92.4 12 Nguyen Van Quoi 300 54 18.0 13 Nguyen Van Banh 5,067 3,067 60.5 14 Truong Tan Ai 2,004 2,004 100 15 Nguyen Thi Rot 2,200 2,200 100 16 Nguyen Thanh (Sau) 55 55 100 500 22 4.4 17 Nguyen Thi Tai 2,120 884 41.7 18 Tran Dong 909 571 62.8 19 Nguyen Hung Son (Tho) 50 50 100 20 Tran Thu (Mao) 55 55 100 21 Van Hai Ward PC (irrigation land) 1,644 Khanh Hai Town 1 Do Tinh An 3,330 636 19.1 2 Nguyen Van Long 4,281 271 6.3 3 La Thi Huynh Van 1,043 237 22.7 4 Le Thanh Hai 2,566 120 4.7 5 La Thi Nguyet 1,644 379 23.1 6 Luong Thi Von 1,500 39 2.6 7 Khanh Hai Town PC (irrigation 1,454 land) Totals 238 238 0 430 430 100.0 52,813 33,575 62.0

VII. Binh Thuan Province 1. Bac Binh District Hospitall IOL date: 30 December 2007

1 Bac Binh district TV Station 310 310 100 2 Le Thi Can 150 150 - 50 50 100 3 Vo Thi Thanh 150 150 - 50 50 100 4 Nguyen Ba Ngoc 200 200 - - - - Total 500 500 410 410 100 Overall total 144,461.5 57,579.5 86,882 44,788 21,180 47.3% 328,928 114,247 34.7%

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Attachment 2: RP Cost Estimate by Subproject

Table 14 Hoa Vang Subproject Unit Cost Total Cost Resettlement Costs HHs Quantity (m2) (VND) (VND)

I Land acquisition 2 Agricultural land 2 1,149 22,400 25,737,600 II Structures 2 Grade 4 1 4,174 850,000 3,547,900,000 3 Temporary 1 42 570,000 23,940,000 III Allowances 1 Transportation allowance 14 14 3,000,000 42,000,000 2 Subsistence allowance 1 900,000 3,600,000 Sub-total (I-IV) 3,643,177,600

IV External Monitoring (5%) 182,158,880 V Administration Costs (2%) 72,863,552 VI Contingencies (10%) 364,317,760

VII GRAND TOTAL 4,262,517,792

USD 266,407.36

Table 15 Son Tay Subproject No Unit Cost Quantity Total Cost Resettlement Costs HHs (m2) (VND) (VND) I Land acquisition 556,500,000 1 Residential land 5 2,650 210,000 100,000,000 2 Agricultural land 4 4,000 25,000 II Structures 370,500,000 1 Grade 4 3 390 950,000 32,500,000 2 Temporary 1 50 650,000 III Crops/trees 9 320,000,000 IV Allowances 1 Transportation allowance 4 4 3,000,000 12,000,000 2 Social support 3 2,000,000 6,000,000 3 Subsistence allowance 4 1,800,000 36,000,000 4 Business transition allowance 1 2,000,000 2,000,000

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Son Tay Subproject No Unit Cost Quantity Total Cost Resettlement Costs HHs (m2) (VND) (VND) 5 Incentive bonus 4 2,000,000 8,000,000 Sub-total (I-IV) 1,443,500,000 V External Monitoring (5%) 72,175,000 VI Administration Costs (2%) 28,870,000 VII Contingencies (10%) 144,350,000 VIII GRAND TOTAL 1,688,895,000 USD 105,556

Table 16

Tuy An Subproject No Unit Cost Quantity Total Cost Resettlement Costs HHs (m2) (VND) (VND)

I Land acquisition 3 520 312,000,000 1 Residential land 600,000 789,600,000 2 Agricultural land 6 39,480 20,000

II Structures 3 265 209,350,000 1 Grade 4 790,000

III Crops/trees 212,000,000

IV Allowances 3 graves 3,000,000 9,000,000

1 Transportation allowance 3 3,000,000 9,000,000

2 Social support 1 2,000,000 2,000,000

3 Subsistence allowance 5 25 900,000 22,500,000

5 Training allowance 2 5,000,000 10,000,000

6 Incentive bonus 3 2,000,000 6,000,000

Sub-total (I-IV) 1,581,450,000

V External Monitoring (5%) 79,072,500

VI Administration Costs (2%) 31,629,000

VII Contingencies (10%) 158,145,000

VIII GRAND TOTAL 1,850,296,500

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Tuy An Subproject No Unit Cost Quantity Total Cost Resettlement Costs HHs (m2) (VND) (VND)

USD 115,644

Table 17

Song Cau Subproject No Unit Cost Quantity Total Cost Resettlement Costs HHs (m2) (VND) (VND)

I Land acquisition 12 1,799.50 719,800,000 1 Residential land 400,000 3 252 12,600,000 2 Garden land 50,000 182,050,000 3 Agricultural land 5 3,641 50,000

II Structures 11 1,115 880,850,000 1 Grade 4 790,000 1 30 19,500,000 2 Temporary 650,000

3 Other Structures 349,650,000

III Crops/trees 200,000,000

IV Allowances

1 Transportation allowance 12 3,000,000 36,000,000

2 Social support 5 2,000,000 10,000,000

3 Subsistence allowance 17 67 900,000 60,300,000

4 Business transition allowance 3 2,000,000 6,000,000

5 Training allowance 5 5,000,000 25,000,000

6 Incentive bonus 17 2,000,000 34,000,000

Sub-total (I-IV) 2,535,750,000

V External Monitoring (5%) 126,787,500

VI Administration Costs (2%) 51,147,000

VII Contingencies (10%) 253,575,000

VIII GRAND TOTAL 2,967,259,500

USD 185,454

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Table 18

Tay Hoa Subproject No Unit Cost Quantity Resettlement Costs HHs (m2) (VND) Total Cost (VND)

I Land acquisition 1 2,000 600,000,000 1 Residential land 300,000 327,300,000 2 Agricultural land 14 13,092 25,000

II Structures 81,000,000 1 Grade 4 1 108 750,000

2 Temporary

3 Other Structures 800,000,000

III Crops/trees 14 4500 60,000,000

IV Allowances

1 Transportation allowance 1 3,000,000 3,000,000

2 Social support 2 2,000,000 4,000,000

3 Subsistence allowance 13 66 900,000 59,400,000

4 Training allowance 13 5,000,000 65,000,000

5 Incentive bonus 14 2,000,000 28,000,000

Sub-total (I-IV) 2,027,700,000

V External Monitoring (5%) 101,385,000

VI Administration Costs (2%) 40,554,000

VII Contingencies (10%) 202,770,000

VIII GRAND TOTAL 2,372,409,000

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Table 19 Traditional Medicine Hospital Subproject No Unit Cost Quantity Resettlement Costs HHs (m2) (VND) Total Cost (VND)

I Land acquisition 1,042,755,000.00 2 1 Residential land 200.00 400,000.00 80,000,000.00 6 2 Garden land 832.20 50,000.00 41,610,000.00

3 Agricultural land 5 17,455.00 50,000.00 872,750,000.00

4 Other land 1 967.90 50,000.00 48,395,000.00

II Structures 118,300,000.00 2 1 Grade 4 130.00 910,000.00 118,300,000.00

2 Temporary

3 Other Structures

III Crops/trees 67,104,250.00

IV Allowances 40,954,000.00

1 Transportation allowance 2 2,000,000.00 4,000,000.00

2 Accommodation allowance 2 2,000,000.00 4,000,000.00

3 Subsistence allowance 2 9 members 6 months 12,960,000.00

4 Training allowance 2 5,000,000.00 10,000,000.00

5 Incentive bonus 2 2,000,000.00 4,000,000.00

6 Other allowance

Sub-total (I-IV) 1,263,119,250.00

V External Monitoring (5%) 63,155,962.50

VI Administration Costs (2%) 25,262,385.00

VII Contingencies (10%) 126,311,925.00

VIII GRAND TOTAL 1,477,849,522.50

USD 92,365.60

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Table 20

Thuan Bac Subproject No Unit Cost Quantity Resettlement Costs HHs (m2) (VND) Total Cost (VND)

I Land acquisition

1 Agricultural land 3 14,837 37,000 548,969,000

II Crops/trees 3 48,000,000

III Allowances

1 Subsistence allowance 3 22 450,000 9,900,000

2 Social allowance 1 2,000,000 2,000,000

3 Training allowance 3 5,000,000 15,000,000

4 Incentive bonus 3 2,000,000 6,000,000

Sub-total (I-IV) 629,869,000

V External Monitoring (5%) 31,493,450

VI Administration Costs (2%) 12,597,380

VII Contingencies (10%) 62,986,900

VIII GRAND TOTAL 736,946,730

USD 46,059

Table 21 Secondary Medical School Subproject No Unit Cost Quantity Resettlement Costs HHs (m2) (VND) Total Cost (VND)

I Land acquisition 2,026,250,000.00 2 238 1 Residential land 450,000 107,100,000.00

2 Garden land

3 Agricultural land 24 29,761 60,000 1,785,660,000.00

4 Irrigation land 2 3,814 35,000 133,490,000.00

II Structures 354,500,000.00 6 430 1 Grade 4 750,000 322,500,000.00

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Secondary Medical School Subproject No Unit Cost Quantity Resettlement Costs HHs (m2) (VND) Total Cost (VND) - 2 Temporary 32,000,000.00 3 Other Structures 6 200 160000

III Crops/trees 150,000,000.00

IV Allowances 211,640,000.00

1 Transportation allowance 6 430 3,000,000 18,000,000.00

2 Accommodation allowance 6 2,000,000 12,000,000.00 31 3 Subsistence allowance 6 members 6 months 44,640,000.00

4 Training allowance 25 Hộ 5,000,000 125,000,000.00

5 Incentive bonus 6 2,000,000 12,000,000.00

Sub-total (I-IV) 2,742,390,000.00

V External Monitoring (5%) 137,119,500.00

VI Administration Costs (2%) 54,847,800.00

VII Contingencies (10%) 274,239,000.00

VIII GRAND TOTAL 3,208,596,300.00

USD 200,537.27

Table 22

Bac Binh Subproject No Unit Cost Quantity Total Cost Resettlement Costs HHs (m2) (VND) (VND)

I Land acquisition 300,000,000 1 Residential land 3 500 600,000 II Structures 441,000,000 1 Grade 4 3 450 980,000 42,920,000 2 Temporary 1 74 580,000 3 Other Structures 120,000,000

III Allowances

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Bac Binh Subproject No Unit Cost Quantity Total Cost Resettlement Costs HHs (m2) (VND) (VND) 1 Transportation allowance 3 3,000,000 9,000,000 2 Social support 2 2,000,000 4,000,000

3 Subsistence allowance 2 1,500,000 22,500,000 4 Accommodation allowance 2 1,500,000 3,000,000 5 Business transition allowance 6 Incentive bonus 3 2,000,000 6,000,000 Sub-total (I-III) 948,420,000 IV External Monitoring (5%) 47,421,000 V Administration Costs (2%) 18,968,400 VI Contingencies (10%) 94,842,000 VII GRAND TOTAL 1,109,651,400

USD 69,353

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Attachment 3: Sample of Information Booklet (per Subproject)

VIETNAM: HEALTH CARE IN THE SOUTH CENTRAL COAST REGION PROJECT Hoa Voang Subproject , Da Nang City

QUESTION: WHAT IS THE VIETNAM-ADB: HEALTH CARE IN THE SOUTH CENTRAL COAST REGION PROJECT?

ANSWER: The Government of Viet Nam, with assistance from the Asian Development Bank (ADB), intends to support the health system and improve the health status of people in eight South Central Coast provinces. The major project outputs are (i) upgraded health facilities; (ii) sustainable human resources development; (iii) improved access to health services for the poor; and (iv) strengthened provincial health systems. The Project will support the Government’s efforts to develop comprehensive and well managed provincial health system that preserves the gains in health status already achieved, extends those gains to the poor and underserved, and is better able to address emerging challenges and changing demands. The eight provinces are Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, and Binh Thuan.

QUESTION: HOW WILL TH EPROJECT HELPUS IMPROVE OUR HEALTH STATUS?

ANSWER: The Project will focus on improving the quality of care at district hospitals that address the basic needs of the rural population. The Project will also finance several training activities and will strengthen secondary medical schools. The Project will support clinical training for doctors and nurses, and primary health care and behavior change communication training for health workers. The Project will support the Ministry of Health (MOH) and provincial departments of health in implementing pro-poor health financing schemes—the Health Care Fund for the Poor. Lastly, the Project will strengthen the management of health services in the province and hospitals.

QUESTION: HOW WILL WE BE AFFECTED BY THESE HEALTH INTERVENTIONS?

ANSWER: Based on the preliminary design and inventory of losses carried out in your project area, below is the results of the potential impacts by subproject

Estimated Affected Affected Households APs Other Hospital Sites Land Persons population to be losing Impacts Acquisition relocated 10% or (m2) more of productive assets Danang Province. No land and resettlement requirements for Ngu Hanh Son District sanatorium and hospital as civil works are within sanitarium and hospital campus A Hoa Vang 46,669 m2 of • 3 HHs 17 2 0 1 – Grade 4 District public vacant • 1 house land owned by pharmaceutical 1- temporary pharmaceutical company house company and 1,149 m2 of agricultural land

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QUESTION: IF OUR LAND AND NON-LAND ASSETS, INCLUDING MY SOURCE OF INCOME FROM BUSINESS IS AFFECTED, WILL THE PROJECT COMPENSATE US FOR OUR LOSSES AND ASSIST US?

ANSWER: Yes. All households, companies, and organizations identified during the inventory of losses are considered project affected persons (APs) and will be entitled to compensation and assistance. Additional assistance (in-kind or cash) will be provided to the poorest and vulnerable households. Below are the potential impacts found during the survey, with corresponding entitlements. The unit rates for various types of losses are available at the commune offices.

Impacts Eligible APs Entitlements Permanent For legal and legalizable Land-for-land as a priority for totally affected land or if acquisition of land owners remaining land is no longer viable. The land will be of similar productive value for agricultural/productive land, or of similar 112 households + characteristics or attributes for residential land, at a location 7 government and state- acceptable to the affected household. Replacement owned companies residential and agricultural land will be as close as possible to the land that is lost. All replacement land for residence and agriculture will be provided with secure tenure. Replacement land will have similar access to basic facilities.

If cash compensation, (i) Productive land. Cash compensation at replacement cost which is equivalent to the current market value of land that reflect recent land sales and in the absence of recent sales, based on productive value without deduction for taxes and/or costs of transaction

(ii) Residential land. Cash compensation at replacement cost which is equivalent to the current market value that reflects recent land sales and in the absence of such recent sales, based on similar location attributes without deduction for taxes and/or costs of transaction.

15 households allocated Not entitled to payment for land, however, they are entitled to temporary use of land by the cash assistance to cover investment made on land which is commune (Tuy An Regional 30% of total replacement cost of the land5. These households Hospital) will continue to cultivate remaining portion of Commune Peoples' Committee (CPC)-land

Houses and All owners regardless of land Cash Compensation based on current market prices of Structures including tenure status materials and labor with no deduction for depreciation or shops salvageable materials.

Crops, and trees All owners regardless of land (a) annual crops (e.g. paddy, maize) will be compensated in tenure status cash equivalent to one year's harvest based on current market value of the crops; (b) Perennial crops and trees will be compensated in cash based on the current market value given the type, age, and productive value (future production) (c) Timber trees will be compensated in cash based on diameter at breast height at current market value. Temporary impacts All APs (i) Payment of rent for the use of land during temporary use (during construction) which should not be less than the unrealized income and revenue that could be generated by the property during the

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Impacts Eligible APs Entitlements period of temporary use of the land; (ii) cash compensation at replacement cost for affected fixed assets (e.g., structures, trees, crops); and (iii) restoration of the temporarily used land within 1 month after use of land or removal of contractor’s equipment and materials. The costs will be covered in the contractor’s contract subject to monitoring by the resettlement committee Community / state- Community/State Cash compensation to cover the cost of restoring the owned property facilities. Allowances Transition For relocating households c) Cash assistance equivalent to 30 kg of rice per month per Subsistence (32 households) [including household member, for 6 months for relocating allowance shops?] households; and households losing more d) Cash assistance equivalent to 30 kg of rice per month per than 10% of their productive household member, for 3 months for households losing land (52 households) more than 10% of their productive land. Transportation For relocating households Cash assistance up to VND 3,000,000 per household that allowance and shops relocate within the same province or up to VND 5,000,000 per (32 households) household that relocate to another province Training allowance* For households losing more Training allowance for households who lose more than 10% than 10% of their productive of their productive land is applied in this project to support land households in creating a new job for family income. An (52 households) allowance of VND 5 million per HH has been budgeted.

Business transition For affected businesses APs are entitled to VND2 million cash payment of an income allowance (4 shops) Transition allowance to provide for loss of income Incentive allowance For relocating households Cash bonus up to VND 2 million per household for (32 households) households that dismantle structures and hand over the and households losing more productive land to the project from affected land in a timely than 10% of their productive fashion. land (52 households) Social assistance For households considered In addition to the allowances stated above, additional social allowance by the province as “policy assistance allowance for poor and vulnerable households households” amounting to 2 million VND per household. (3 households) Other vulnerable households not covered under the “policy households” of the Government will be assisted in cash or in- kind in consultation with them during RP updating. Other income For severely affected and Other technical assistance /income restoration programs will restoration vulnerable households be designed during RP updating. This may include, among measures others, (i) improved productivity for existing activities such as rice cultivation and extensive shrimp farming if needed; (ii) diversification of agricultural activities in terms of new crops, agro-processing and other activities.

QUESTION: IF DISAGREEMENTS OR PROBLEMS ARISE DURING THE PROJECT, FOR EXAMPLE REGARDING COMPENSATION OR GENERAL DISPUTES, DO I HAVE THE RIGHT TO VOICE MY COMPLAINT? ANSWER: Yes. Any AP may file a complaint. APs will be informed, both verbally and in writing during consultation, surveys and at the time of compensation, of their rights to grievance and the procedures for making a complaint. The APs may present their complaints to the concerned local administrative officials and resettlement committees. The complaint can be filed first at the ward or commune level and can be elevated to the provincial level, and then taken to a court of law, if the APs are not satisfied with the decisions made at the lower levels. APs will be exempted from all taxes, administrative and legal fees.

Attempts will be made to settle the issues at the ward/commune level through community consultation, involvement of social and resettlement experts as required, NGOs and mediators and facilitators if required. All complaints and resolutions will be properly documented by the concerned resettlement

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committees and follow the appeals process.

QUESTION: DO WE NEED TO MOVE OR CLEAR THE AREA IMMEDIATELY WHEN OUR LAND, HOUSES OR STRUCTURES HAVE BEEN IDENTIFIED AS AFFECTED?

ANSWER: No. Clearing the project site will only take place once compensation for affected land or other lost assets has been received by APs. Once the AP acknowledges receipt of payment, the Project will provide a reasonable time for APs to clear the area in order for construction activities to commence

QUESTION: WHEN WILL THE PROJECT COMMENCE?

ANSWER: The detailed design is expected to start in 2008. The detailed measurement survey will begin after the detailed design is completed. Construction of the infrastructure is most likely to begin in 4th Quarter 2008. You will be properly notified by the local officials prior to these activities.

QUESTION: AS A RESIDENT, HOW CAN I HELP?

ANSWER: We would like you to participate in all consultation meetings and other project-related activities to ensure that you are fully informed and your views are known and taken into account. Your active participation during the survey, detailed design and implementation will help us determine measures to mitigate impacts, identify problems or potential problems and quickly identify solutions.

If you have further questions, you can contact

PPMU -

PMU -

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