RP337
v3
Public Disclosure Authorized
Public Disclosure Authorized
Livestock Waste Management in East Asia Project

POLICY FRAMEWORK FOR RESETTLEMENT
OF PROJECT DISPLACED PERSONS IN
VIETNAM

Project preparation under GEF PDF-B grant
Public Disclosure Authorized

By Dr. Thai Anh Hoa

Public Disclosure Authorized
September 10, 2004

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TABLE OF CONTENTS

Abbreviations 1

Section
1:
Introduction
2
A.
The
Project
2
B.
Policy
Framework
2
C.
Displaced
Persons
3
D.
Principles
and
Objectives
3
E.
Resettlement
Plan
4

Section 2: Institutional and Legal Framework


5
A.
Institutional
Framework
5
B.
Legal
Framework
5

Section 3: Entitlement Policy





6

Section
4:
People's
Participation
8

Section
5:
Baseline
Information
8
A.
Census
and
Inventory 8
B.
Resettlement
Plan
9

Section 6: Implementation Arrangements


9
A.
Implementation
Schedules
9
B.
Institutional
Arrangement
9
C.
Complaints
and
Grievances
9
D.
Supervision, Monitoring and Evaluation


10

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Section 7: Costs and Budget





11

Annexes
12

Annex 1. Entitlement Matrix




12
Annex 2.
Inventory of Project Displaced Persons


16
Annex 3.
Entitlement of Project Displaced Persons
17
Annex 4.
Socio-economic Household Data Sheet


18

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ABBREVIATIONS

ARP

Abbreviated
Resettlement
Plan
CP

Chinh Phu, the Government
DRC

District
Resettlement
Committee
DEC

District
Executive
Committee
DP

Displaced
Person
DPC

District People's Committee
GOV

Government
IA

Implementing
Agency
ND ­ CP

Nghi Dinh Chinh Phu, Government Decree
NGO

Non-Government
Organization
NSC

National
Steering
Committee
OP

Operational
Policies
PMU

Project Management Unit
PPC

Provincial
People's
Committee
PRC

Provincial Resettlement Committee
RP

Resettlement
Plan
TT-BTC Thong Tu Bo Tai Chanh, Circular of Ministry of Finance
VND

Vietnamese Dong (unit of currency)
(US$ 1 # VND 15,750 in August, 2004)

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2
SECTION 1
INTRODUCTION

A. The Project

1. This project would address one of the most significant and rapidly growing causes of land-
based pollution of the South China Sea ­ environmentally unsustainable industrial-scale
livestock production. The overall objectives of the project is to reduce the negative local and
global environmental impacts of rapidly increasing livestock production in selected
demonstration areas in China, Thailand, and Vietnam that drain into the South China Sea and
Gulf of Thailand. Specifically, the proposed project and its replication would lead to a
reduction of land-based pollution from livestock production in the country and, consequently,
in the international waterways of the South China Sea.

2. The proposed project consists of four components: (i) Component 1: Conducive Policy
Framework; (ii) Component 2: Demonstration of Livestock Waste Management; (iii)
Component 3: Development of Decision Support Tools and Regional Co-ordination; and (iv)
Component 4: Project Management and Monitoring. The first component is expected to lead
to the development and implementation of policies for both livestock production and waste
management with strengthened and better-enforced regulations, more effective institutions
and financial incentives. The outcome of the second component would be demonstrations in
micro-watersheds with improved livestock waste management including the establishment of
improved nutrient-balances in surrounding agricultural land. The third component would
develop common decision support tools for policy makers and promote the exchange of
experiences and lessons learned amongst the three participating countries directly involved in
the Project as well as those bordering the South China Sea. The last component would result
in efficient project management and effective monitoring of the political/institutional and
environmental changes brought about by the Project.

3. The focus of the proposed project is centered on the implementation of cost-effective
livestock waste management in selection watershed sites in Thailand, Vietnam and in one
province of China bordering the South China Sea (Guangdong).

4. In Vietnam, the project sites selected for the second component, i.e., Demonstration of
Livestock Waste Management, are in two (2) provinces namely: Dong Nai and Ha Tay.
Specifically, the demonstration sites for livestock waste management would be in Bien Hoa
city of Dong Nai province and in Thuong Tin District of Ha Tay province.

3. To implement this second component, land acquisition/rental or land exchange may be
required for establishing common waste treatment system. However, the land area needed for
establishing livestock waste treatment system in the demonstration sites would not cause
large scale of land acquisition and resettlement. For the ownership and implementation
arrangements, two (02) separate resettlement plans (RPs) will be prepared prior to the
appraisal for the 2 (two) project provinces.

B. Policy Framework

4. This resettlement policy framework prepared based on the OP 4.12 of the World Bank on
involuntary resettlement issued in December 2001. The principle objectives of the Policy
Framework are to ensure that: (i) involuntary resettlement should be avoided where feasible,

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3
or minimized, exploring all viable alternative project designs; and (ii) where it is not feasible
to avoid resettlement, displaced persons (DPs) should be meaningfully consulted and should
be assisted in their efforts to improve their livelihoods and living standards or at least to
restore them to pre-project levels.

5. The Policy Framework lays down the principles and objectives, eligibility criteria of DPs,
entitlements, legal and institutional framework, modes of compensation and rehabilitation,
peoples participation features and grievances procedures that will guide the compensation,
resettlement and rehabilitation of the DPs.

C. The Displaced Persons (DP's)
6. The DP's include the following persons to be identified by the baseline information
collected for each of the Resettlement Plans (RP's):
(a)
Persons whose houses are in part or in total affected (temporarily or permanently)
by the project;
(b)
Persons whose premise and/or agricultural land is in part or in total affected
(permanently or temporarily) by the project;
(c)
Persons whose businesses are affected in part or in total (temporarily or
permanently) by the project; and
(d)
Persons whose crops (annual and perennial) and trees are affected in part or in
total by the project.

D. Principles and Objectives
7. The principles outlined in the OP 4.12 of the World Bank on involuntary resettlement have
been adopted in preparing this Policy Framework. In this regard the following principles and
objectives would be applied:

(a)
Acquisition of land and other assets, and resettlement of people will be minimized
as much as possible
(b)
All DP's residing, working, doing business or cultivating land in communal waste
management plants, transmission infrastructure (pipelines, channels, etc.) and
access roads, etc. under the project as of the date of the baseline surveys are
entitled to be provided with rehabilitation measures sufficient to assist them to
improve or at least maintain their pre-project living standards, income earning
capacity and production levels. Lack of legal rights to the assets lost will not bar
the DP's from entitlement to such rehabilitation measures.
(c)
The rehabilitation measures to be provided are: (1) compensation at replacement
cost without deduction for depreciation or salvage materials for houses and other
structures; (2) agricultural land for land of equal productive capacity acceptable to
the DP's; (3) replacement of premise land of equal size acceptable to the DP's; (4)
and transfer and subsistence allowances.
(d)
Replacement premise and agricultural land will be as nearby as possible to the
land that was lost, and acceptable to the DP's.
(e)
The resettlement transition period will be minimized and the rehabilitation means
will be provided to the DP's prior to the expected start-up date of works in the
respective Project site.
(f)
Plans for acquisition of land and other assets and provision of rehabilitation
measures will be carried out in consultation with the DP's, to ensure minimal
disturbance. Entitlements will be provided by DP's prior to expected start-up of
works at the respective project site

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4
(g)
The previous level of community services and resources will be maintained or
improved.
(h)
Financial and physical resources for resettlement and rehabilitation will be made
available and as where and when required.
(i)
Institutional arrangements will ensure effective and timely design, planning,
consultation and implementation of the Inventories and RP's.
(j) Effective and timely supervision, monitoring and evaluation of the
implementation of the RP's will be carried out.

E. Resettlement Plan (RP)
8. Based on the Annex A of OP 4.12, the elements of a resettlement and an abbreviated
resettlement are described as following.

Resettlement Plan
9. In the case of more than 200 people of each of the two (2) provinces selected for
demonstration component affected by the project, a RP for each demonstration site will be
prepared by the Project Management Unit (PMU) in close collaboration with Provincial
People Committee and District Executive Committee as well as the Implementing Agency.
The RP will be furnished by PMU under National Steering Committee to the World Bank for
its concurrence.

10. Each RP covers the below elements, as relevant:
(1) Description
of
the
project;
(2) Potential impacts of the project;
(3) Objectives of the resettlement program;
(4) Socio-economic studies: the findings of socio-economic studies to be conducted in
the early stages of project preparation and with the involvement of potentially DP;
(5) Legal
framework;
(6) Institutional
framework;
(7) Eligibility of DP's;
(8) Valuation of and compensation for losses;
(9) Resettlement
measures;
(10) Site selection, site preparation and relocation;
(11) Housing, infrastructure, and social services;
(12) Environmental protection and management;
(13) Participation and consultation;
(14) Integration with host populations;
(15) Grievances procedures;
(16) Organizational responsibilities;
(17) Implementation schedule;
(18) Cost and budget; and,
(19) Monitoring and evaluation.

11. Each RP will be completed no later than six months prior to the estimated date for
commencement of the works. Each RP will be furnished to the World Bank for consideration
no later than three months prior to the actual initiation of the works under the Project.
Compensation, resettlement and rehabilitation activities will only commence after the World
Bank has found acceptable the respective RP and the project NSC and the Provincial People
Committee have approved it. The compensation, resettlement and rehabilitation activities will
be completed before awarding contracts of civil works for each demonstration site.

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5
Abbreviated Resettlement Plan (ARP)
12. In the case that the entire number of DPs is less than 200 people for each selected
demonstration site, an ARP will be prepared by the Project Management Unit (PMU) in close
collaboration with Provincial People Committee and District Executive Committee as well as
the Implementing Agency. The RP will be furnished by PMU under National Steering
Committee to the World Bank for its concurrence.

13. Each ARP covers the following elements:
(1) A census survey of displaced persons and valuation of assets;
(2) Description of compensation and other resettlement assistance to be provided;
(3) Consultation with displaced people about acceptable alternatives;
(4) Institutional responsibility for implementation and procedures for grievances
redress;
(5) Arrangements for monitoring and implementation: and
(6) A timetable and budget

14. The ARP will be completed no later than four months prior to the estimated date for
commencement of the works under the project. Each ARP will be furnished to the World
Bank for consideration no later than three months prior to the actual initiation of the works
under the Project. Compensation, resettlement and rehabilitation activities will only
commence after the World Bank has found acceptable the respective ARP and the NSC and
Provincial People Committee have approved it. The compensation, resettlement and
rehabilitation activities will be completed before awarding the contracts of civil works for
each demonstration site.

SECTION 2
INSTITUTIONAL AND LEGAL FRAMEWORK

A. Institutional Framework

15. The responsibility for preparing and implementing the Policy Framework and RP's are as
follows:
a) The overall responsibility for enforcement of the Policy Framework and for
planning and implementing RP's rests with PMU under NSC; the project
Provincial People Committees and their relevant Departments/Institutions. PMU
is responsible for preparing RP's and for the day-to-day implementation thereof
within their respective jurisdiction. The peoples committees at the district and
commune levels will actively involve in the preparation and implementation of
RP's. In order to have RPs acceptable to the World Bank to implement RP
smoothly, PMU under NSC is responsible for: (i) hiring qualified consultants to
prepare RPs; (ii) appointing qualified social safeguard staff for PMU and DECs.
b) Funds for implementing RP's will be from counterpart funds based on budgetary
requirements established by local governments (provincial, district and commune
peoples committees) in consultation with the DP's.

B. Legal Framework

16. The legal framework governing the implementation of RP's are OP 4.12 on Involuntary

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6
Resettlement of the World Bank and Vietnamese legal framework and policies.

17. The Vietnamese legal framework and policies that have let the preparation of this RP
Framework and warrant its legality are:
· The Land Law issued on 15 October 1993, revised and adopted by the National
Assembly and reissued in 2001 and 2003.
· The Government Decree No 22/1998/ND-CP of 4/24/1998 on the compensation for
damage when State recovering land for National defense, security, national interests and
public interests.
· Circular No. 145-1998/TT-BTC issued on 4 November 1998 guidelines to implement
Decree 22/1998/ND-CP.
· The Government Decree 60/CP issued on 5 July 1994 regulates property ownership and
land use rights in urban areas.
· The Government Decree 61/CP issued on 15 July 1994 regulates dwelling house
purchases, sales and business.
· The Government Decree No 64/CP issued on 2 September 1993 on the long-term
distribution of agricultural land to the households for agricultural purpose.
· The Government Decree No 87/ CP of August 17th, 1994 on price framework for land in
the whole country.
· The Government Decree 45/CP issued on 3 August 1996 regulates the Amendment of
Article 10 of Decree 60/CP (5 July 1994).

18. Article 29 of the Government Decree 17/2001/ND-CP issued on 4 May 2001 on the
stipulation of procedure of management and using ODA states that compensation, land
clearance, resettlement for the ODA programs to be implemented according to the laws of
Government. In the case of international Agreement signed by State of Viet Nam or GOV
which policy on land clearance, resettlement differ from Viet Nam policy, the policy set forth
in the Agreement will be followed.

19. Therefore, in approving this Framework (before the negotiation of the project), the
Government grants the above-mentioned required waivers and authorizes NSC, PMU and
project provinces to provide: (a) compensation at replacement cost without deduction for
depreciation and salvage materials, for land, houses and other assets taken by the project;
and (b) to provide compensation and resettlement assistance in lieu of compensation all
affected persons regardless of without title to the assets lost.

20. In submitting RP to the World Bank for clearance, letters of Chairs of Project Provincial
People's Committees on agreements in implementing the policy set forth in RP are required.

SECTION 3
ENTITLEMENT POLICY

21. DP's will be entitled to the following types of rehabilitation and assistance measures:
(a) DP's losing agricultural and productive land and crops
(i)
The general mechanism for compensation of lost agricultural land will
be through provision of "land for land" arrangements of equal
productive capacity, satisfactory to the DP's.
(ii)
However, if the DP prefers to receive cash compensation then the

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following applies:
· if the portion of the land to be lost represents 25% or less of the
total area of the landholding, and the remaining land is still a viable
economic holding, cash compensation, at full replacement cost, may
be provided to the DP's; or
· if the portion of the land to be lost more than 25% of the total
area of a land holding and the remaining holding is not viable then
the Project will acquire the entire landholding and provide cash
compensation at full replacement cost
(iii)
DP will be compensated for the loss of standing crops and fruit or
industrial trees at market price. Productive trees will be compensated at
replacement cost.
(iv)
DP's whose land is temporarily taken by the works under the project
will be compensated for their loss of income, standing crops and for
the cost of soil restoration and damaged infrastructure. Land will be
rehabilitated after the project construction by PMU.

(b) DP's losing residential land and household/structure
(i)
The mechanism for compensating loss of residential land and
structures will be: (l) the provision of replacement residential land
(house site and garden of equivalent size, satisfactory to the DP or cash
compensation at replacement cost according to DPs' choice; and (2)
cash compensation reflecting full replacement cost of the
house/structures, without deduction for depreciation or salvage
materials or compensate in kind according to DPs' choice.
(ii)
If residential land is only partially being affected by the Project and the
remaining areas are not sufficient for reorganizing DP's house then at
the request of the DP, the entire residential land will be acquired at full
replacement cost, without depreciation.
(iii)
If house/other structure is only partially being affected by the Project
and the remaining areas are not convenient to using, the house/
structure will be acquired at full replacement cost, without
depreciation.
(iv)
Tenants, who have leased a house for residential purposes will be
provided with a cash grant of six months rental fee at the prevailing
market rate in the area, and will be assisted in identifying alternative
accommodation.
(c) DP's losing business
The mechanism for compensating loss of business will be: (1) the
provision of alternative business site of equal size and accessibility to
customers, satisfactory to the DP; (2) cash compensation for lost
business structure reflecting full replacement cost of the structures,
without depreciation; and (3) cash compensation for the loss of income
during the transition period.
(d) DP's will also be provided compensation at full replacement cost, without
deduction for depreciation and salvage materials for any other fixed assets
affected in part or in total by the project, such as tombs and water wells, etc.

22. In cases where community infrastructure such as schools, factories, water sources, roads,
sewage systems is damaged, PMU under NSC and PPC will ensure that these would be

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8
restored or repaired as the case may be, at no cost to the community.

23. Besides the direct compensation for the losses, DPs also will be entitled to
subsidies/allowances as stipulated in the Decree No.22 of GOV. These subsidies/ allowances
are as below:
a) Transportation allowance.
According to the Article 17 of Decree 22/1998 CP, all DPs relocating within the
province are entitled to a minimum allowance of 1 million VND and maximum of 3
million VND. All DPs relocating out of the province are entitled to a minimum
allowance of 3 million VND and maximum of 5 million VND. This subsidy
allowance is for the transportation of their salvageable materials and living facilities.
b) Subsistence allowance.
According to Article 25 of Decree 22/1998 CP, all relocating DP's shall, for a period
of six months, receive a cash allowance equal to 30 kg of rice of average price per
month for family member. If DP's have to be relocated to another province and the
impact is severely, this subsidy period could be for one year.
c) Rehabilitation allowance.
DPs, who are permanently affected more than 25% of productive land or incomes,
will be entitled to trainings or other economic rehabilitation programs of about
1,500,000 VND per household.
d) Relocation bonus.
According to Article 26 of Decree 22/ 1998 CP, a bonus of 5 million VND per
household will be awarded to DP who dismantle their houses and vacate their
premises in accordance with the resettlement schedule of RP.

24. Given the nature of project impacts, the losses affecting DPs have been classified into 7
categories. The entitlement matrix is attached (see Annex 1)

SECTION 4
PEOPLE'S PARTICIPATION

25. The local authorities and its relevant organizations, DPs and host communities will
participate throughout the various stages of the planning and implementation of RPs. Prior to
the preparation of RPs, the DPs will be fully informed of the provisions of this Policy
Framework at public meetings held by the respective NSC, its PMU and local authorities.

26. Each DP will be fully informed and consulted by the relevant District Peoples' Committee
and/or Commune Peoples' Committees of their entitlements and rehabilitation choices under
the respective RP.

SECTION 5
BASELINE INFORMATION

A. Census and Inventory
27. The baseline information will include the following information for each household:
(a)
number of persons and names;
(b)
number, type, and area of the houses lost;

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9
(c)
number and area of all the residential plots lost;
(d)
number, category and area of agricultural land lost;
(e)
quantity and types of crops ands trees lost;
(f)
businesses lost including structures, land and other fixed assets;
(g)
productive assets lost as a percentage of total productive assets;
(h)
quantity and category of other fixed assets affected by the project; and
(i)
temporary damage to productive assets.

The inventory form is attached (see Annex 2)

28. The entitlements of assets and land affected are calculated based on the above
information in an "Entitlement Form" (see Annex 3).

B. Resettlement Plan
29. The baseline information for a RP will include: a) a Census and Inventory (see above);
and b) a detailed socioeconomic survey of all DP's describing their age, sex, ethnicity,
education, occupation, sources of income, and total household income. The form for socio-
economic is attached (see Annex 4)

SECTION 6
IMPLEMENTATION ARRANGEMENTS

A. Implementation Schedule
30. A detailed implementation schedule of the various activities to be undertaken will be
included in each RP. The RP implementation schedule must be developed based on the
linkage to the civil work implementation schedule.

31. Payment of compensation and furnishing of other restoration/assistance entitlements (in
cash or in kind), and relocation if that be the case, will be completed prior awarding contracts
for civil works

B. Institutional Arrangement
32. The PMU and PPCs will arrange adequate and experience staff to make sure that PR will
be implemented smoothly as approved schedules.

C. Complaints and Grievances
33. Complaints and grievances related to any aspect of RP implementation, including the
determined area and price of the lost assets, will be handled as follows:

First step
If any person is aggrieved by any aspect of the resettlement and rehabilitation
program, he/she can lodge an oral or written grievance with commune authorities. Commune
People's Committee will resolve the issue within fifteen days from the date it receive the
complaint.

Second step
If any aggrieved person is not satisfied with the decision in stage 1, he/she can bring
the complaint to the District People's Committee (DPC) or District Resettlement Committee

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10
(DRC) within fifteen days from the date of the receipt of the decision in stage 1. The District
People's Committee (DPC) or District Resettlement Committee (DRC) will reach a decision
on the complaint within fifteen days.

Third step
If the DP is still not satisfied with the decision at the district level, he/she can appeal to
the Provincial People's Committee (PCC) or Provincial Resettlement Committee (PRC)
within 15 days of receiving the decision of the DPC or DRC. The Provincial People's
Committee (PRC) or Provincial Resettlement Committee (PRC) will reach a decision on the
complaint within fifteen days.

Fourth step
If the DP is not satisfied with the decision of the Provincial level, the case may be
submitted for consideration by the District Court within 15 days of receiving the decision of
the PPC or PRC.
34. DP's will be exempted from all administrative and legal fees.

D. Supervision, Monitoring and Evaluation
35. Implementation of RPs will be regularly supervised and monitored by the PMU in
coordination with the respective District and Commune Peoples' Committees. The findings
will be recorded in quarterly reports to be furnished to NSC and project PPCs.

36. Internal monitoring and supervision will:
(a) Verify that the baseline information of all DP's has been carried out and that the
valuation of assets lost or damaged, and the provision of compensation,
resettlement and other rehabilitation entitlements has been carried out in
accordance with the provisions of this Policy Framework and the respective RP.
(b) Oversee that the RP's are implemented as designed and approved.
(c) Verify that funds for implementing the RP's are provided to the PMU in a timely
manner and in amounts sufficient for their purposes, and that such funds are used
by the PMU in accordance with the provisions of RP.
(d) Record all grievances and their resolution and ensure that complaints are dealt
with in a timely manner.

37. Independent Monitoring: An independent agency or agencies or individual consultant will
be retained by the PMU to periodically carry out external monitoring and evaluation of the
implementation of RP's. The independent agencies will be academic or research institutions,
Non-Governmental Organizations (NGOs) or independent consulting firms, all with qualified
and experienced staff and terms of reference acceptable to the World Bank.

38. In addition to verifying the information furnished in the internal supervision and
monitoring reports of the PMU, the external monitoring agency will visit a sample of 20% of
household DPs in each project province six months after each RP implementation to:
(a) Determine whether the procedures for DPs participation and delivery of
compensation and other rehabilitation entitlements have been done in accordance
with this Policy Framework and RP.
(b) Assess if the Policy Framework objective of enhancement or at least restoration of
living standards and income levels of DPs have been met.
(c) Gather qualitative indications of the social and economic impact of project

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implementation on the DPs.
(d) Suggest modification on the implementation procedures of RPs, as the case may
be, to achieve the principles and objectives of this Policy Framework.

SECTION 7
COSTS AND BUDGET

39. Each RP will include detailed cost of compensation and other restoration/assistance
entitlements and relocation of DPs, if that be the case, with a breakdown by agricultural land,
residential land, business land, houses, businesses and other assets. The cost estimates will
make adequate provision for contingencies.

40. Sources of funding for the various RP activities will be clearly specified in the cost tables.
For Livestock Waste Management in East Asia project, funds for implementing RP's will be
from counterpart funds based on budgetary requirements established by local governments
(district and commune peoples committees) in consultation with the DP's.

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12
Annex 1
Entitlement Matrix
No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DPs
1
Temporary acquisition
All DPs who
DPs
- Cash compensation for affected trees at
- DECs and local authorities determine and ensure that
of productive land
have
trees,
with/without
the replacement cost plus cost for cutting
compensation for trees will be at the replacement cost and for
crops,
other
land certificate
trees, crops at market price. Number of crop
crops at the market price. If DP is requested for cutting
assets
included in the
patterns to be compensated based on the
affected trees, DECs or project provinces will pay money for
temporarily
inventory
or
time of temporarily acquired of land.
this work. DP has right for using salvageable trees.
required
for
able to prove
- No compensation for land
- Full compensation at least 01 month before land clearance.
construction of
land
-
Rehabilitate
land
after
the
project
Payment to DPs
will be
delivered by DECs/District
common waste
occupancy
construction.
Resettlement Committees (DRCs).
treatment
prior to cut-off
- Affected land will be rehabilitated by contractors after the
systems
date.
project construction and land could subsequently be used
- Finance available for compensation and well information
disclose/disseminate to DPs and key stakeholders.
2
Temporary acquisition
All DPs with
Same as above
- Cash compensation for affected fruit trees
- DECs and local authorities determine and ensure that
of residential and
orchards
or
and trees at replacement cost.
compensation for trees will be at the replacement cost and for
garden land without
trees
- No compensation for land
crops at the market price. If DP is requested for cutting
house or structures
temporarily
affected trees, DECs or project provinces will pay money for
-
Rehabilitate
land
after
the
project
affected by
required
for
this work. DP has right for using salvageable trees.
construction.
construction of
construction of
- Full compensation at least 01 month before land clearance.
common waste
common waste
Payment to DPs
will be
delivered by DECs/District
treatment systems
treatment
Resettlement Committees (DRCs).
systems
- Affected land will be rehabilitated by contractors after the
project construction and land could subsequently be used
- Finance available for compensation and good information
disclose/disseminate to DPs and key stakeholders.
3
Temporary impact on
All DPs who
Same as above
House/ building:
- DECs and local authorities determine and ensure that
residential and garden
have house /
- DP can opt for: i) Maintain their houses or
compensation will be paid at the replacement cost, without
land. Affected area less
building
and
building; or
ii) Cash compensation for the
deduction for salvageable materials.
than 10% of total area
trees/fruit trees
directly affected rooms at the replacement
-
DPs
will
demolish
the
impacted
part/
room
and
and the demolished
temporarily
cost and cost for demolishing an affected
reconstruct/or improve their houses themselves.
area does not impact to
required
for
room.
the remaining
construction of
- Full compensation for trees and fruit trees at least 01 month
- No compensation for land.
house/building.
common waste
before land clearance. If DP is requested for cutting affected
-
Rehabilitate
land
after
the
project
Residential land and
treatment
trees, DECs or project provinces will pay money for this
construction by contractors.
garden land not
systems
work. DP has right for using salvageable trees.
Tree and fruit tree
ff
d b

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No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DPs
affected by
- Compensation for affected trees and fruit
- Full entitlement payment to DPs impacted on house/building
construction of
trees at the replacement cost.
at least 03 months before land clearance.
common waste
Allowances:
- Payment to DPs will be delivered by DECs/ DRCs
management system is
- Finance available for compensation and good information
sufficient for re-
- Relocating allowance of 30 kg of rice
disclose/ disseminate to DPs and all key stakeholders.
organizing (not less
equivalent per person per month in six
than 60 m2).
months.
4
Temporary impact on
All DPs who
Same as above
House/ building:
- Consultation for DP's options on remain their house or
residential and or
have house /
- DP can opt for : i) Maintain their houses
move out.
garden land. Impact
buildings
or
or building; or ii) Cash compensation at
- DECs and local authorities
determine and ensure that
more than 10% or less
/fruit
trees
replacement cost for full areas of impacted
compensation will be replacement
cost at the time of
than 10% of total
temporarily
house/building and demolish DP's house
payment.
house/building area but
required
for
- No compensation for land.
- DPs will demolish the impacted areas and reconstruct/or
the demolished area
construction of
-
Rehabilitate
land
after
the
project
improve their houses themselves.
will impact the
common waste
construction by contractors.
remaining house /
treatment
- Full compensation for trees and fruit trees to DPs at least 01
structure. Land not
systems
Tree and fruit tree
month before land clearance. If DP is requested for cutting
affected is sufficient
affected trees, DECs or project provinces will pay money for
- Compensation for affected trees and fruit
for reorganizing (not
this work. DP has right for using salvageable trees.
trees at the replacement cost.
less than 60 m2).
Allowances:
- Full compensation payment for impacted house
and
allowances to DPs at least 03 months before land clearance.
- Relocation allowance of 30 kg of rice
equivalent per person per month in six
- Payment to DPs will be delivered by DECs/ DRCs
months.
- Cleared residential could be reused with other restricted
purposes.
- Finance available for compensation/ rehabilitation and well
information disclose/ disseminate
5
Temporary impact on
All
DPs
who
Same as above DPs can opt for one of the followings:
- Consultation for DP's options on remain their house or
residential and or
have
house
/
i) Maintain their houses or building; or ii) move out
garden land from
building
and
Cash compensation for the whole residential - PMU and local authorities determine and ensure that
construction of
trees, fruit trees
area which DP occupied (not only for the compensation will be at replacement
cost at the time of
common waste
temporarily
impacted areas) and properties associated payment.
treatment systems.
required
for
with occupied land at replacement cost. - Replacement land, and resettlement sites development.
Full or partial
construction
of
Impacted land will be obtained by local
house/building
common
waste
- DPs receive compensation will demolish the impacted house
authorities; or iii) "Land for land" with the
impacted and land
treatment
areas and reconstruct/or improve their houses themselves.
same area which DP occupied and cash at
outside of is not
systems
replacement cost for the affected assets - Full compensation payment for trees and fruit trees to DPs at
sufficient for
associated with land. Land occupied by DP least 01 month before land clearance. If DP is requested for
reorganizing (less than
will be obtained by local authorities.
cutting affected trees, DECs or project provinces
will pay

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14
No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DPs
60 m2)
- Compensation for affected trees and fruit
money for
this work. DP has right for using salvageable
trees at the replacement cost.
trees.
Allowances:
- Full compensation for impacted house and allowances to
- Relocating allowance of
30 kg of rice DPs at least 05 months before land clearance.
equivalent per person per month in six - Payment to DPs will be delivered by DECs/ DRCs
months
- Cleared residential could be used with other restricted
- Transportation allowance for relocating DP
purposes.
according to the Compensation Decree
- Finance/ land available for rehabilitation and restoration and
22/1998 CP dated April 22, 1998 of GOV.
well information disclose/ disseminate to DPs and key
-
Rehabilitation
assistance
if
DPs stakeholders..
permanently losing business or more than - DECs and local authorities will consult with DP who are
25% of their incomes.
eligible to restoration programs for their options and prepare
- Incentive for relocating in a timely manner:
proposal for restoration
programs in the period of RP
maximum 5,000,000 VND/HH
implementation.
6
Permanent acquisition
All
DPs
with
Same as above For DP losing productive land:
- Consultation for DP's options on land compensation.
of land for building of
land
and
a.
Land loss less than 25% of their total - PMU and local authorities determine and
ensure that
common waste
property
landholdings
compensation will be at replacement
cost at the time of
treatment systems.
permanently
- Cash compensation for the lost area if the payment.
impacted
by
remaining plot is still economically viable.
- Replacement land, and resettlement sites development.
construction
of
common
waste
- Cash compensation for the whole impacted - DPs receiving compensation will demolish the impacted
treatment
plot if the remaining plot is not economically areas and reconstruct/or improve their houses themselves.
systems.
viable.
- Full compensation for trees and fruit trees to DPs at least 01
-
Cash
compensation
for
properties month before land clearance. If DP is requested for cutting
associated with land
affected trees, DECs or project provinces will pay money for
b.
Land loss equal or more than 25% of this work. DP has right for using salvageable trees.
their total landholdings:
- Full compensation for impacted house and allowances to
DP can opt for the followings:
DPs at least 05 months before land clearance.
i)"Land for land" with the same area and - No award civil work contract before completion of
productive of impacted area if the remaining compensation and reorganizing houses or relocation.
plots are still economic viable and for the - Payment to DPs will be delivered by DECs/ DRCs
whole impacted plots if the remaining plots
are not economic viable.
- Finance/ land available for compensation/ rehabilitation and
well information disclose/ disseminate.
ii) Cash for land at the replacement cost.
- DECs and local authorities will consult with DP who are
- Compensation for trees and affected fruit eligible to restoration for their options and prepare proposal for
trees at the replacement cost.
restoration programs in the period of RAP implementation.
- Rehabilitation assistance.

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15
No
Type of loss
Application
Definition of
Compensation Policy
Implementation Issues
entitled DPs
For DP losing residential and garden
- DPs will be granted with Land Use Right Certificate without
land:
payment of administrative fees.
- If remaining land is sufficient for
reorganizing (not less than 60 m2): Cash
compensation for lost area and assets
associated with land.
- If remaining land is not sufficient for
reorganizing:
DP can opt for i) cash compensation at
replacement cost for land and assets on land,
or ii) "land for land" compensation for the
whole residential area which DP occupied
(not only for the impacted areas) and
properties associated with occupied land. For
affected
house
and
building,
the
same
entitlement to DP of categories 3 or 4 or 5.
7
DP
impacted
on All
DPs
Same as above
(a) Temporary impact on business or other
- Full compensation for incomes lost to DPs at least 01 month
business
or
other impacted
on
services.
before land clearance.
services
business
and
- DECs and local authorities will consult with DP who are
other
services
Compensation
for
income
lost
in the
eligible to
rehabilitation for their options and prepare
by construction
affected time
proposal for rehabilitation programs in the period of RP
of
common
(b) Permanent impact on business or other
implementation.
waste treatment
services.
systems
Rehabilitation assistance.

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16
Annex 2
Inventory of Displaced People
Province: ____________________
District: ___________________
Commune: ________________
Land to be
Loss of
Survey
Name of
No. of
Total
acquired in
Loss
Loss of Assets
Loss of Crops
Other
Other Losses
Temporary
No.
Head of
persons
landholding
m2 by Type
as %
assets
Losses
Household
in HH
of HH in m2
of
Number and
Structures
Structures
Area of
Fruit trees lost
Eg.,
(specify)
total
type of lost
permanent
temporary
residential
Type and
Paddy
Other
Tombs,
Residence
Business
Income
structures
(m2)
(m2)
land lost
Number
area
(Specify)
well, etc.
(rented)
Lost
Loss
(m2)
(m2)
(No. &type)

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17
Annex 3
Entitlements of DPs
Province: ___________________
District: ____________________
Commune: ________________
Survey
Name
Compensation for Land
Compensation for Structures
Compensation for Crops &
Compensation for Other
Total
No.
of
Trees
Assets (wells,Tombs, etc.)
in
Head
Quantity
Unit
Entitlement
Quantity
Unit
Entitlement
Quantity
Unit
Entitlement
Quantity
Unit
Entitlement
Dong
of
Sq.
Price
in Dong
Sq.
Price
in Dong
Unit
Price
in Dong
Unit
Price
in Dong
HH
Meters
Sq.
Meters
in
in
in
Meters
Dong
Dong
Dong

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18

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19
Annex 4
Socio-Economic Household Data Sheet of Project Affected People
Province: _______________
District: _________________
Commune: ________________
Name of Household Member
Occupation
Estimated
Survey
Address of
Sex
Age
Ethnic
Education
and Sources of
Employment
Total
No.
Household
Group
Income
Income per
Year
(VND)

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20

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