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Resettlement and Ethnic Minority Development Plan (REMDP) Document Stage: Updated REMDP 19 May 2010 GMS: Kunming-Hai Phong Transport Corridor - Noi Bai- Lao Cai Highway Project Tran Yen District, Yen Bai Province Prepared by: Vietnam Expressway Corporation

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Page 1: Resettlement and Ethnic Minority Development Plan (REMDP)...Resettlement and Ethnic Minority Development Plan (REMDP) Document Stage: Updated REMDP 19 May 2010 GMS: Kunming-Hai Phong

Resettlement and Ethnic Minority Development Plan (REMDP)

Document Stage: Updated REMDP 19 May 2010

GMS: Kunming-Hai Phong Transport Corridor - Noi Bai-Lao Cai Highway Project Tran Yen District, Yen Bai Province

Prepared by: Vietnam Expressway Corporation

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ABBREVIATIONS

ADB - Asian Development Bank AP/AH - Affected person/Affected household CARB - Compensation, Assistance, and Resettlement Board CPC - Commune Peoples’ Committee CSDP - Center for Support of Social Development Programs DCARB - District Compensation, Assistance, Resettlement Board DMS - Detailed measurement survey DONRE - Department of Natural Resources and Environment DPC - District Peoples’ Committee EA - Executing agency EM - Ethnic minority EMA - External monitoring agency EPMU - Expressway Project Management Unit GOV - Government of Vietnam HIV /

AIDS - Human immunodeficiency virus/ Acquired immune deficiency syndrome

IOL - Inventory of losses IRP Income Restoration Program LA-PMU - Land Acquisition – Project Management Unit LURC - Land Use Rights Certificate MOT - Ministry of Transport NTP - Notice to proceed PCARB - Provincial Compensation, Assistance, Resettlement Board PPC - Province Peoples’ Committee RCS - Replacement cost study ROW - Right-of-way REMDP - Resettlement and ethnic minority development plan SRU - Social/Resettlement Unit SES - Socio-economic survey VEC - Vietnam Expressway Corporation VND - Vietnamese Dong VWU - Viet Nam Women’s Union

WEIGHTS AND MEASURES

Ha - hectare Km - kilometer M - meter

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DEFINITION OF TERMS

Affected person/Affected household (AP/AH)

- Refers to any person or persons, household, firm, private or public institution 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 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. In the case of affected household, it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components.

Cut-off date

- This refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorized as AP. In this Project, the cut-off date coincides with the period the census of affected persons and the inventory of losses (IOL) were conducted in April to June 2007. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the IOL; or (ii) they have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS).

Detailed Measurement Survey (DMS)

- With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of APs earlier done during REMDP preparation. The final cost of resettlement can be determined following completion of the DMS. For Tran Yen District, the DMS was conducted between April and August 2008.

Entitlement - Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base.

Host community - Means the community already in residence at a proposed resettlement or relocation site.

Income restoration - This is the re-establishment of sources of income and livelihood of the affected households.

Inventory of Losses (IOL)

- This is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way (ROW) are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of APs will be determined.

Land acquisition - Refers to the process whereby an individual, household, firm or private institution 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

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compensation at replacement costs. Rehabilitation

- This refers to additional support provided to APs losing 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

- This is the physical relocation of an AP from her/his pre-project place of residence and/or business.

Replacement cost

- This is the amount calculated before displacement which is needed to replace 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; (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.

Replacement Cost Study

- This refers to the process involved in determining replacement costs of affected assets based on empirical data.

Resettlement

- This includes 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 and Ethnic Minority Development Plan (REMDP)

- This is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Severely affected households

-

This refers to affected households who will (i) lose 10% or more of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project.

Vulnerable groups - These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support, and (v) landless households, (vi) indigenous people or ethnic minorities.

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TABLE OF CONTENT I. INTRODUCTION 1

A. Background 1 B. Project Location and Impact Areas 1 C. Civil Works to be undertaken 1 D. Measures Taken to Minimize Impacts 2 E. Objectives of the updated district-level REMDP 2

II. PROJECT IMPACTS 3 A. Affected Land 3 B. Affected Main Structures 4 C. Affected Secondary Structures 5 D. Loss of Crops, Trees, and Aquaculture Ponds 5 E. Business Disruption and Income Loss 6 F. Public Facilities 6 G. Summary of Impacts 7

III. GENERAL SOCIOECONOMIC PROFILE 9 A. Composition of the AHs 9 B. Profile of the Sample AHs 9 C. Ethnicity and Gender of the Heads of Sample AHs 10 D. Educational Attainment of the Heads of Sample AHs 10 E. Main Sources of Livelihood of the Sample AHs 10 F. Monthly Income and Food Sufficiency of Sample AHs 10 G. Health and Sanitation 11 H. Sources of Energy for Lighting and Cooking 11

IV. ENTITLEMENTS 12

V. RESETTLEMENT STRATEGY 24 A. Affected Land 24 B. Affected Main Structures (Houses, Buildings) 24 C. Compensation for Affected Secondary Structures 25 D. Compensation for Standing Crops and Trees 25 E. Affected Businesses and Income Loss 27 F. Affected Vulnerable AHs 27 G. Income Restoration Program 27 H. Relocation Arrangements 28 I. Temporary Impacts 29 J. Unforeseen Impacts 29 K. Ethnic Minorities 29 L. Gender Issues 31

VI. ORGANIZATIONAL FRAMEWORK 32 A. Vietnam Expressway Corporation 32 B. Provincial People’s Committee 32 C. Province Compensation and Resettlement Board 33 D. District People’s Committee (DPC) 33 E. District Steering Committee (DSC) 33 F. Commune People’s Committee (CPC) 34 G. Consultants 34 H. Indicative Implementation Schedule of the REMDP 35

VII. PUBLIC PARTICIPATION AND CONSULTATION 37

VIII. GRIEVANCE REDRESS 39

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A. First Stage, Commune People’s Committee 39 B Second Stage, District People’s Committee 39 C. Third Stage, Provincial People’s Committee 39 D. Final Stage, the Court of Law Arbitrates 39

IX. MONITORING AND EVALUATION 40 A. Internal Monitoring 40 B. External Monitoring 40

X. COSTS AND BUDGET 42 A. Procedures for Flow of Funds 42 B. Cost Estimates and Inflation Adjustment 42 C. Implementation, Administration and Contingency Costs 42 D. Estimated Costs of Resettlement 42

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LIST OF TABLES Table ES I-1 : Indicative Resettlement Schedule .............................................................. iiiTable II-1 Distribution of Land Losses of Affected Households ...................................... 3Table II-2 Distribution of Affected Household Heads Losing Land by Gender ............... 3Table II-3 Reconstruction Preferences of AHs Losing Entire Houses ............................. 4Table II-4 Floor Area of Wholly Affected Houses by Grade .............................................. 4Table II-5 Quantities of Affected Secondary Structures ................................................... 5Table II-6 Area (in m²) of Productive Land Used for Annual Crops ................................. 6Table II-7 Inventory of Affected Perennial Trees ............................................................... 6Table II-8 Inventory of Affected timber Trees .................................................................... 7Table II-9 Summary of Impacts .......................................................................................... 8Table III-1 Composition of the Affected Households ........................................................ 9Table III-2 Sample Size per Commune ............................................................................... 9Table III-3 Education Attainment of Sample AHs Heads (%) .......................................... 10Table III-4 Main Occupation of Household heads ........................................................... 10Table III-5 Average Monthly Household Income and Expenditure (in VND) .................. 11Table III-6 Main Sources of Water of the Ahs .................................................................. 11Table III-7 Toilet Used by Project Affected Households ................................................. 11Table III-8 Sources of Energy for Lighting ...................................................................... 11Table IV-1 Entitlement Matrix ........................................................................................... 14Table V-1 Replacement Cost of Affected Private Land (in US$) .................................... 24Table V-2 Allowance for Households Losing more than 10% of their Productive Land 28Table V-3 Replacement Costs (in US$) of Totally Affected Houses by Grade .............. 25Table V-4 Allowance for Relocating Households ............................................................ 29Table V-5 Cash Allowances (in US$) for AHs Losing Entire Houses ............................. 25Table V-6 Replacement Cost (in US$) of Affected Secondary Structures ..................... 25Table V-7 Compensation (in US$) for Standing Crops ................................................... 26Table V-8 Compensation amount (in US$) of Perennial Trees ....................................... 26Table V-9 Compensation amount (in US$) of Timber Trees ........................................... 26Table VI-1 Indicative Schedule of Resettlement Activities for Tran Yen District .......... 36Table VII-1 Roles and Responsibilities of Key Stakeholders in the REMDP ................. 37Table X-1 Summary of Resettlement Costs ..................................................................... 43Table ES I-1 : Indicative Resettlement Schedule .............................................................. iiiTable II-1 Distribution of Land Losses of Affected Households ...................................... 3Table II-2 Distribution of Affected Household Heads Losing Land by Gender ............... 3Table II-3 Reconstruction Preferences of AHs Losing Entire Houses ............................. 4Table II-4 Floor Area of Wholly Affected Houses by Grade .............................................. 4Table II-5 Quantities of Affected Secondary Structures ................................................... 5Table II-6 Area (in m²) of Productive Land Used for Annual Crops ................................. 6Table II-7 Inventory of Affected Perennial Trees ............................................................... 6Table II-8 Inventory of Affected timber Trees .................................................................... 7Table II-9 Summary of Impacts .......................................................................................... 8Table III-1 Composition of the Affected Households ........................................................ 9Table III-2 Sample Size per Commune ............................................................................... 9Table III-3 Education Attainment of Sample AHs Heads (%) .......................................... 10Table III-4 Main Occupation of Household heads ........................................................... 10Table III-5 Average Monthly Household Income and Expenditure (in VND) .................. 11Table III-6 Main Sources of Water of the Ahs .................................................................. 11Table III-7 Toilet Used by Project Affected Households ................................................. 11Table III-8 Sources of Energy for Lighting ...................................................................... 11Table IV-1 Entitlement Matrix ........................................................................................... 14Table V-1 Replacement Cost of Affected Private Land (in US$) .................................... 24Table V-2 Allowance for Households Losing more than 10% of their Productive Land 28

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Table V-3 Replacement Costs (in US$) of Totally Affected Houses by Grade .............. 25Table V-4 Allowance for Relocating Households ............................................................ 29Table V-5 Cash Allowances (in US$) for AHs Losing Entire Houses ............................. 25Table V-6 Replacement Cost (in US$) of Affected Secondary Structures ..................... 25Table V-7 Compensation (in US$) for Standing Crops ................................................... 26Table V-8 Compensation amount (in US$) of Perennial Trees ....................................... 26Table V-9 Compensation amount (in US$) of Timber Trees ........................................... 26Table VI-1 Indicative Schedule of Resettlement Activities for Tran Yen District .......... 36Table VII-1 Roles and Responsibilities of Key Stakeholders in the REMDP ................. 37Table X-1 Summary of Resettlement Costs ..................................................................... 43

List of figures

Figure VI-1 Noi Bai-Lao Cai Highway Organizational Structure for Resettlement Work ....... 32Figure VI-2 Updated REMDP Preparation and Implementation Organizational Frame-work 33

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LIST OF APPENDICES

Appendix 1 Listing of PCARB, DCARB, LAPMU and RTF Members

Appendix 2 Detailed Measurement Survey (DMS) Forms

Appendix 3 Master List of Affected Households

Appendix 4 Information on the Relocation Sites

Appendix 5 Replacement Cost Study Report

Appendix 6 CSDP Report on Income Restoration Project

Appendix 7 IRP Framework

Appendix 8 Record of Public Meetings

Appendix 9 Project Information Booklet (PIB)

Appendix 10 Terms of Reference for the External Monitoring Agency (EMA)

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EXECUTIVE SUMMARY

A. Scope of Land Acquisition and Resettlement Impacts

1. The GMS: Kunming-Hai Phong Transport Corridor - Noi Bai-Lao Cai Highway Project (the “Project”) involves during its first phase the construction during the first phase of a new 244 km highway to be open to traffic by 2012. The highway will start near the Noi Bai International Airport in the District of Soc Son, Ha Noi City, crossing the provinces of Vinh Phuc, Phu Tho, Yen Bai and Lao Cai, before terminating at the border with China in Lao Cai City. The highway will traverse 76 communes in 18 districts. The scope of the Project during the first phase includes the construction of 4 lanes (i.e., 2 lanes each way) from Noi Bai to Yen Bai and 2 lanes (i.e., 1 lane each way) from Yen Bai to Lao Cai. About 5 to 7 years following completion of the first phase, Government plans to add 2 lanes for the entire length of the highway during the highway’s second phase of construction. This updated resettlement and ethnic minority development plan (REMDP) is for the Tran Yen District in Yen Bai province.

2. To reduce overall resettlement impacts, the right of way (ROW) for the highway’s ultimate configuration of typically 50 m in width will be acquired during the first phase. Government anticipates major changes in land use in the Project area due to rapid economic development induced by the Project and, unless the full width of the ROW is acquired in the first phase, additional resettlement work will be carried out during the highway’s second phase of construction. Acquiring the full ROW during the first phase will also ensure that land acquisition and resettlement impacts could be planned and implemented better in line with ADB’s social safeguards policies.

3. The detailed measurement survey (DMS) conducted in April-August 2008 in Tran Yen District confirmed that 2,850,079.7 m2 of landholdings belonging to 1,536 affected households. These 1,536 AHs includes the 338 AHs affected by the loss of their agricultural land for the development of 16 relocation sites in Tran Yen District. Of this number, productive land, such as annual crop land, aquaculture land, perennial (fruit-bearing) tree land and forest land, total 2,746,870.3 m2 (96.37 % of total area affected). The total of residential land to be affected is 103,209.4 m2 (3.63 %)..

4. Of the 306 AHs who will lose residential land, These 306 AHs have houses on the affected properties. 306 houses will be totally affected. All of these AHs losing houses desire to shift and rebuild their abode at the relocation sites. All 306 AHs will be compensated at replacement cost for their affected residential land and houses, sufficient for them to acquire replacement residential land and to build replacement house. Affected secondary structures include 162 kitchens, 109 toilets, 245 animal sheds, 6 units of fence, 160 units of multi-purpose pavement, 302 cisterns, 157 graves, and 274 water wells.

5. The Project will acquire 10,384 perennial trees and 182,168 timber trees. At the time of updating the REMDP, the DCARB has not yet completed the DMS of public utilities. All public utilities and structures will be replaced and/restored by the civil works contractor, the cost of which will be borne by the project but not to be taken from the resettlement budget, with minimal disruption in services.

6. In all, 1,588 households in the District (approximately 7,940 persons based on an average household size of 5 members) are adversely affected by the aforementioned losses.

B. Legal and Policy Framework

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7. The Project resettlement policy and entitlements have been developed from the laws of the Government of the Socialist Republic of Viet Nam, principally the Constitution (1992) that confirms the right of citizens to own and protect the ownership of a house; 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; and ADB’s Policy on Involuntary Resettlement (1995), guided by Operations Manual on Involuntary Resettlement (OM/F2, 2006). Provisions and principles adopted in this Project will supplement the provisions of relevant decrees currently in force in Viet Nam wherever a gap exists, 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).

C. Project Entitlements

8. One key policy objective of the Project is to replace and compensate lost assets based on the principle of replacement cost. Compensation and various forms of assistance will be provided and income restoration programs will be put in place prior to the displacement of AHs from their houses, land, and other assets, in a way that will ensure that their standards of living are at least restored to their pre-project levels, and that those in the category of vulnerable groups (such as poor households, ethnic minority households, etc.) are assisted to help improve their socioeconomic status.

D. Ethnicity and Gender Issues

9. In Tran Yen District, all of the 1,588 AHs (in of which 52 AHs with affected minority structures including the graves and 1,536 AHs loss the land) belong to the majority “Kinh” population. About 7.68 % (122 AHs) of the AHs in Tran Yen District are ethnic minorities (EM). In addition, there are 34 female-headed AHs, that will lose residential and productive lands; 122 AHs are EM; 37 AHs are poor; 2 AHs headed by persons with disabilities; and another 158 AHs headed by the elderly (within the retirement age).

10. Particular attention will continue to be given to the specific needs and concerns of vulnerable AHs. Gender strategies are included in the updated District REMDP, which mandates the active participation of women during public consultation and Project monitoring; representation of women in resettlement committees; and capacity-building activities. Monitoring indicators by gender have been developed, and the external monitoring agency will include a female staff.

E. Participation and Grievance Redress

11. Consultations, public meetings and village discussions with the AHs and local officials were carried out at various occasions during the updating of the District REMDP. Keeping the AHs informed and having them involved will continue during the implementation of the updated REMDP in line with the Project’s participatory approach. A grievance redress mechanism has been designed to ensure that AHs’ complaints and grievances are addressed and resolved in a timely and satisfactory manner.

F. Income Restoration and Relocation Strategies

12. The DMS has identified 1,213 AHs in district that will be severely affected with the loss of 10% or more of their productive assets. The AHs, district and commune authorities,

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VEC and its consultants will design the income restoration program (IRP) as a collective effort. Project authorities have agreed on a framework on how to proceed with the planning and implementation of the IRP. Since the conceptualization of the IRP for the district will involve a series of workshops and consultations with the AHs and will thus take time to finish, the agreed specific income restoration activities of the AHs and updates on their implementation will be included in the monthly progress report on resettlement that will be submitted by the PMU to VEC and ADB. The agreed IRP for the district will be evaluated every six months to ensure the attainment of the objectives of the program. Modifications in the program will be made as and when necessary.

13. As mentioned earlier, 226 AHs out of 306 losing entire houses have decided to shift to group relocation sites to be provided by the Project through the DCARB. Sixteen (16) relocation sites have been identified and agreed upon by the DCARB and the relocating AHs. These facilities are located within the Tran Yen District. The remaining 80 AHs will relocate by themselves and get the assistance. The shifting AHs will not be displaced until the designated relocation sites are ready for occupancy.

G. Implementation Arrangements

14. VEC, through the Expressway Project Management Unit (EPMU), is overall responsible for the satisfactory implementation of resettlement. A Social and Resettlement Unit in the EPMU has been created to provide guidance to the DCARB. For this reason, personnel from the EPMU will represent VEC in the CARB.

15. The Provincial and District CARBs, through the Land Acquisition and Project Management Unit (LAPMU) and with guidance from VEC and assistance from the TA Loan consultants, spearheaded the updating of the district REMDP. The CARBs will likewise spearhead its implementation. The Vice Chairman of the respective Provincial and District People’s Committees head the CARBs. Members come from various departments and representatives of local organizations, including the AHs.

16. The Project consultants will assist the EPMU and the CARBs in ensuring that resettlement is carried out according to the social safeguards laid out in the loan agreement. In this regard, said consultants will provide the necessary training and capacity-building interventions to VEC and the CARBs.

17. Upon completion of the contract of the TA Loan consultants on 31 May 2009, their tasks relative to resettlement will be handed over to the Project supervision consultants (PSC). However, within 1 month prior to the demobilization of the TA Loan consultants, the PSC will set up a social development/resettlement team similar to that of the TA Loan consultants to ensure continuity of assistance to VEC and the CARBs.

18. This updated District REMDP will be submitted by VEC to ADB for review and concurrence. Land acquisition and relocation of AHs in the District will not commence until this updated REMDP has been approved by ADB. Moreover, VEC will not allow construction activities to commence in a given section of the project highway in the District until compensation payment and the relocation of AHs to new sites have been satisfactorily completed, agreed income restoration program is in place, and that the specific section is free of all encumbrances.

Table ES I-1 : Indicative Resettlement Schedule

Activities Schedule Notification of local population about PPC decision on land recovery, conduct of DMS, updating of unit costs of affected assets, and holding of public consultations

April – October 2008

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Activities Schedule Updating of the district REMDP March 2009 - July 2009 Planning of the income restoration program (IRP) December 2008 - May 2010 Submission and ADB concurrence of district REMDP August 2009 – May 2010 Posting of the summary of the approved district REMDP in local government offices and distribution of revised public information booklet; posting of district REMDP on ADB website

May 2010

Implementation of the IRP June 2010 – 2012 Payment of compensation for affected assets May - June 2010 Development of relocation sites July 2009 – May 2010 Shifting of AHs to relocation sites June – July 2010 Start of civil works June 2010 Internal Monitoring (with quarterly progress reports) December 2008 – 2013 External Monitoring (with quarterly and bi-annual reports) December 2008– 2013

H. Monitoring, REMDP Budget and Implementation Schedule

19. VEC is overall responsible for internal monitoring of resettlement activities. Progress reports will be submitted to ADB on a quarterly basis.

20. An external monitoring agency (EMA) has been hired by VEC starting in December 2008. The EMA has submitted to VEC an inception report 1 month following its mobilization. The EMA will likewise submit quarterly and semi-annual reports on the progress of REMDP updating and implementation for all the districts and will make recommendations as needed. VEC will provide a copy of these monitoring reports to ADB. The EMA is tasked to conduct a post-resettlement implementation evaluation 6 to 12 months after completion of resettlement activities for the entire Project highway.

21. The total cost of resettlement in Tran Yen District is US$ 13,616,346. This includes compensation and allowances, implementation of an income restoration program for the SAHs, relocation site development, operational/administrative expenses, and contingencies. VEC will ensure the timely provision of funds for resettlement to meet any unforeseen obligations in excess of the resettlement budget estimates in order to satisfy the requirements and objectives of resettlement.

I. Disclosure of Resettlement and Ethnic Minority Development Planning and Monitoring Documents

23. Key information on the updated Tran Yen District REMDP has been disclosed to the AHs through the holding of initial disclosure meetings to present the results of the DMS and to discuss resettlement options. Previous to this, the distribution of public information booklets (PIB) in the local language was done in August 2007 during project processing. The summary of the revised updated Tran Yen District REMDP will be posted in local government offices and the full report of the approved district REMDP will be uploaded on the ADB website.

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I. INTRODUCTION

A. Background

1. The Asian Development Bank (ADB) on 14 December 2007 approved a loan of $1,096 million to help finance the GMS: Kunming-Hai Phong Transport Corridor: Noi Bai-Lao Cai Highway Project1 (the “Project”). The Vietnam Expressway Corporation (VEC) of the Ministry of Transport (MOT) is the Executing Agency. Project planning documents that were prepared by a consortium of consulting firms2

2. This updated district REMDP provides a detailed account of the adverse impacts of the Project on the physical, economic, and socio-cultural assets of affected persons and households (APs and AHs) and the corresponding measures the Vietnamese Government will carry out to mitigate said adverse impacts with the view of helping restore or even improve the AHs’ pre-Project standards of living. This is consistent with the Project resettlement policy and the social safeguards laid out in the Project loan agreement.

engaged by VEC during appraisal and loan approval included (i) detailed engineering design; (ii) economic and financial assessment; and (iii) a resettlement and ethnic minority development plan (REMDP). Consistent with the Memorandum of Understanding (MOU) signed by VEC and ADB at the conclusion of the Loan Fact-finding Mission on 26 June 2007 – 11 July 2007, this district-level REMDP has been updated based on the results of the detailed measurement survey (DMS) undertaken in April to August 2008 in Tran Yen District, Yen Bai Province. This updated district-level REMDP requires concurrence by ADB before it could be implemented.

B. Project Location and Impact Areas

3. The Project highway starts near the Noi Bai International Airport in the District of Soc Son, Ha Noi City, crossing the provinces of Vinh Phuc, Phu Tho, Yen Bai and Lao Cai, before terminating at the border with China at Lao Cai City. A total of 76 communes distributed in 18 districts are traversed by the approximately 244 km Project highway. In Tran Yen District, the Project highway will run for approximately 26.567 km through the communes of Minh Quan, Bao Hung, Hop Minh, Au Lau, Minh Tien, Y Can, and Quy Mong.

C. Civil Works to be undertaken

4. Government plans to carry out the construction of the highway in two phases. During Phase 1, which is the scope of this Project, 4 lanes (i.e., 2 lanes in opposite directions) will be constructed from Noi Bai to Yen Bai, while 2 lanes (i.e., 1 lane each way) will be constructed from Yen Bai province to Lao Cai province. In future (second phase of the highway construction), the Vietnamese Government plans to widen the Noi Bai-Yen Bai Section into 6 lanes, and the Yen Bai-Lao Cai Section into 4 lanes. In light of this plan, a right-of-way (ROW) of typically 50 m in width3

1 Project Number 33307-04 and Loan Number 2391/2392, the amount for which is sourced from the Bank’s

Ordinary Capital Resources and from Asian Development Fund.

will be acquired during Phase 1 of the Project. Government anticipates major changes in land use in the area traversed by the Project due to rapid economic development expected to be induced by the Project. Unless the full width of the ROW is acquired in the first phase, additional resettlement work will be carried out during the highway’s second phase of construction. Acquiring the full ROW during the first

2 Headed by the Pacific Consultants International (PCI), the other members of the consortium were Pacific Consultants International Asia, Inc.; Asian Pacific Engineering Consultants; and HAFICO Group Corporation.

3 In deep cutting or high embankment areas the ROW is wider. The ROW in any point of the proposed expressway will be finally determined following completion of the detailed engineering design. A detailed measurement survey of affected fixed assets will then be conducted and the REMDP will be updated accordingly.

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phase will help ensure that land acquisition and resettlement impacts are better planned and implemented in line with ADB’s social safeguards policies.

5. The Noi Bai – Yen Bai Section is approximately 121 km long, while the Yen Bai – Lao Cai Section is approximately 123 km long. The construction limit for the roadway is variable, from a minimum of 27 m to a maximum of about 36 m. Adding allowance for embankment or cut slopes and a setback area of 5 m on each side, the ROW requirement for the highway is 50 m at the minimum.

6. The Tran Yen District section of the expressway is 26.567 km long. It starts from STA 109 + 755 runs to STA 136 + 322. Major structures to be built in the District include 5 underpasses and 1 interchange to be built in the phase 1.

D. Measures Taken to Minimize Impacts

7. Efforts to minimize the adverse social impacts of the Project highway include the shifting of the proposed road alignment at various points to avoid human settlements, public facilities, water bodies, and hilly areas. Likewise, the need for borrow pits in the construction of embankments will be minimized and the Project will, whenever feasible, use materials from cuttings in the construction of embankments.

8. During the census of affected people (APs) and the inventory of losses (IOL) in April and June 2007 and again during the DMS in April - August 2008, AHs have been advised (through public meetings and consultations) not to introduce new fixed structures within the ROW and/or widen and further develop structures that have been documented during the IOL and DMS. A public information booklet (PIB) that explains, among others, the policy on cut-off date for eligibility, has been distributed to the AHs and local governments in 2007 during the preparation of the first REMDP, and in April – August 2008 during the preparation of this district-level REMDP. Said PIB will be revised and distributed to the AHs and local governments, as needed, following ADB’s concurrence of the Tran Yen District REMDP.

9. Other than the aforementioned, Government will ensure that the acquisition of assets, payment of compensation, and the resettlement and rehabilitation of AHs, except for long-term income restoration activities, will be completed prior to the issuance of notice to proceed (NTP) to start construction works in the District.

E. Objectives of the updated district-level REMDP

10. This updated district REMDP should be read in conjunction with the REMDP that was prepared and approved in 2007 by the Government during Project appraisal and loan approval. This updated district REMDP and the 2007 REMDP are basically the same, except that (i) the information herein are based on verified inventory of affected assets of the AHs per DMS conducted in April - August 2008 in the District, while the 2007 REMDP was based on preliminary information on the ROW and Project corridor of impact (COI); and (ii) the updated District REMDP does not elaborate any more on the legal aspects, policy and procedural guidelines for asset acquisition, compensation, resettlement, since these are adequately discussed in the 2007 REMDP. Both versions of the REMDP, however, provide for (i) a time-bound action plan and budget for resettlement which is aimed at helping ensure that the social and economic well-being of the AP/AHs in the District is protected, their economic situation is improved or at least restored to pre-Project level and (ii) assurances that vulnerable AP/AHs in the District are not marginalized during resettlement planning and implementation, and that they receive full benefits relative to compensation, relocation and rehabilitation as required by the Project resettlement policy.

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II. PROJECT IMPACTS

11. The detailed measurement survey (DMS) conducted by the Land Acquisition Steering Committee (more commonly known as the District Compensation, Assistance, and Resettlement Board or DCARB) in April – August 2008 confirmed that a total of 1,588 AHs in the District are affected by the loss of assets and sources of livelihood due to the construction of the Project highway. (Appendix 1 contains the decision of the provincial government creating the PCARB, district CARB, the Land Acquisition Project Management Unit or LAPMU, and the resettlement task force of RTF). A number of these AHs will lose more than 1 type of assets, such as land, structures, crops and trees. There are no registered ethnic minorities residing in the Tran Yen District. (See Appendix 2 for the DMS forms used and Appendix 3 for the master list of affected households).

A. Affected Land 1. Land Area

12. An aggregate of 2,850,079.7 m² of land belonging to 1,536 households will be acquired by the Project. Of this area, 2,746,870.3 m2 (96.37 %) are productive land and 103,209.4 m2 ( 3.63%) are residential land. In the productive land, 1,269,370.3 m2 are annual cropland (46.21%); 743,049.7 m2 (27.05 %) are Perennial Tree Land, 578,991.8 m2 (21.07%) are forestland; 115,134.5 m2 ( 4.19%) are aquaculture land and 40,324 m2 are other agriculture land ( 1.48%).

Table II-1 Distribution of Land Losses of Affected Households

Commune Unit Residential Land

Annual Crop land

Perennial tree Land

Forest Land

Aquaculture Land

Other Agriculture

Land Total

Minh Quan m2 8,534.4 207,018.5 99,995.6 234,586.4 51,547.1 835.2 602,517.2 HH 25 134 83 91 36 3 260 Bao Hung m2 10,077.0 216,717.3 142,868.7 32,904.0 8,943.7 12,675.9 424,186.6 HH 28 99 89 76 12 25 144 Hop Minh m2 6,316.5 81,904.8 59,503.6 82,537.3 7,116.8 10,780.6 248,159.6 HH 40 82 83 32 8 18 121 Au Lau m2 24,863.5 214,565.5 139,542.5 56,328.8 9,111.5 15,157.9 459,569.7 HH 101 320 134 96 15 56 380 Minh Tien m2 8,115.2 125,156.8 47,873.1 31,657.3 12,936.3 874.4 226,613.1 HH 22 128 55 51 36 5 133 Y Can m2 16,959.4 197,874.7 101,937.5 85,258.9 11,668.4 0.0 413,698.9 HH 42 201 110 110 28 0 255 Quy Mong m2 28,343.4 226,132.7 151,328.7 55,719.1 13,810.7 0.0 475,334.6 HH 48 207 120 115 32 0 243 Total m2 103,209.4 1,269,370.3 743,049.7 578,991.8 115,134.5 40,324.0 2,850,079.7 HH 306 1,171 674 571 167 107 1,536* *The households lose perennial tree (garden) land, residential land, and agriculture land simultaneously.

13. Of the 1,536 AHs losing land (both productive land and residential land), 1224 (79.68 %) are male-headed, while 312 (20.32 %) are female-headed. By land use, of the 306 households losing residential land, 247 (80.71 %) are male-headed, while 59 (19.29 %) are female headed. Similarly, of the 1,171 households losing productive land, 933(79.67%) are male-headed, while 238 (20.33 %) are female-headed.

Table II-2 Distribution of Affected Household Heads Losing Land by Gender

Commune

Unit

Residential Land

Annual Crop land

Perennial tree Land

Forest Land

Aquaculture Land

Other Agriculture

Land Total

Male - Headed

m2 83,310.6 1,011,561.2 592,136.3 461,398.6 91,750.7 32,134.2 2,272,2

91.6 HH 247 933 537 455 133 85 1,224

Female - Headed

m2 19,898.8 257,809.1 150,913.4 117,593.2 23,383.8 8,189.8 577,788

.1 H 59 238 137 116 34 22 312

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H

Total m2 103,209.4 1,269,370.3 743,049.7 578,991.

8 115,134.5 40,324.0 2,850,079.7

HH 306 1,171 674 571 167 107 1,536

2. Tenure Status of AHs Losing Land

14. The affected landholdings of the 1536 AHs are all covered with a Land Use Rights Certificate (LURC).

3. AHs Losing Leased Land

15. There are no affected leased lands. Likewise there are no households affected by the loss of land that they cultivate that belongs to other households or to the government.

4. Severely Affected AHs Losing Productive Land

16. Based on the DMS conducted by the DCARB, There are 1,213 AHs who are severely affected with the loss of 10% or more of their total productive assets. 88 of these severely affected AHs are ethnic minorities, while 34 of these severely affected AHs are female-headed. 37 are classified as poor, while persons with disability head 2 AHs, and persons beyond the retirement age head 158 of the severely affected AHs.

B. Affected Main Structures

1. Affected Houses and Severity of Loss

17. A total of 306 AHs will lose their entire houses. Of this number, 247 are male-headed, while 59 are female-headed.

2. Reconstruction Options

18. Of the 306 AHs affected by the loss of their entire houses, 80 AHs have decided to relocate to other places by themselves while 226 of these AHs have decided to shift to the group relocation site to be developed by the government. Table II-3 summarizes the reconstruction preferences of the 306 AHs. (Appendix 4 includes detailed information on the relocation sites).

Table II-3 Reconstruction Preferences of AHs Losing Entire Houses

Commune Male - Headed AHs Female - Headed AHs

Total Relocate elsewhere by themselves

Relocate elsewhere

Relocate elsewhere by themselves

Relocate elsewhere

Minh Quan 13 7 0 5 25 Bao Hung 1 23 0 4 28 Hop Minh 12 24 1 3 40 Au Lau 0 78 0 23 101 Minh Tien 5 13 0 4 22 Y Can 7 25 3 7 42 Quy Mong 30 9 8 1 48 Total 68 179 12 47 306

3 Floor Area of Wholly Affected Houses 19. Wholly affected houses have an aggregate floor area of 24,173.61 m². Of this area, 2,557.19 m2 ( 10.57 % of the total) are classified as Grade 4 structures while 21,616.42 m2 ( 89.43 % of the total) are classified as Grade 5 structures.

Table II-4 Floor Area of Wholly Affected Houses by Grade

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Commune Unit Grade of House Total 1 2 3 4 5

Minh Quan m2 0.00 0.00 0.00 579.68 1,874.36 2,454.04 HH 0 0 0 10 15 25

Bao hung m2 0.00 0.00 0.00 1,103.30 1,901.42 3,004.72 HH 0 0 0 8 20 28

Hop Minh m2 0.00 0.00 0.00 0.00 2,139.00 2,139.00 HH 0 0 0 0 40 40

Au Lau m2 0.00 0.00 0.00 0.00 8,576.81 8,576.81 HH 0 0 0 0 101 101

Minh Tien m2 0.00 0.00 0.00 328.72 1,983.26 2,311.98 HH 0 0 0 8 14 22

Y Can m2 0.00 0.00 0.00 239.89 1,419.56 1,659.45 HH 0 0 0 5 37 42

Quy Mong m2 0.00 0.00 0.00 305.60 3,722.01 4,027.61 HH 0 0 0 4 44 48

Total m2 0.00 0.00 0.00 2,557.19 21,616.42 24,173.61 HH 0 0 0 35 271 306

4. Floor Area of Partially Affected Houses

20. There are no partially affected houses in Tran Yen District.

C. Affected Secondary Structures

21. The following secondary structures are adversely affected by the Project, namely, kitchen (detached from the main house owned by 162 AHs and with an aggregate floor area of 3,720.3 m²); toilet (detached from the main house owned by 109 AHs and with an aggregate floor area of 635.1 m²); Animal Shed (owned by 245 AHs with an aggregate floor area of 4,793.6 m²); fence (owned by 6 AHs with an aggregate length of 52.9 Cubic meters); multi-purpose concrete pavement (owned by 160 AHs with an aggregate area 3,639.5 m2), and . In addition, 302 water wells, 274 Cisterns and 157 graves will be affected. These secondary structures will be compensated at replacement cost.

Table II-5 Quantities of Affected Secondary Structures

Commune Unit Kitchen (m2)

Toilet (m2)

Animal Shed (m2)

Fence (lm)

Concrete pavement

(m2) Well (Unit)

Cistern (Unit)

Grave (Unit)

Minh Quan Quantity 644.78 10.64 596.46 0 113.56 27 29 12 HH 17 6 14 0 4 27 29 10

Bao Hung Quantity 5.5 109.32 397.32 32.39 0 2 24 31 HH 1 22 52 4 0 2 24 31

Hop Minh Quantity 582.5 47.25 276.44 0 460 54 23 7 HH 16 15 14 0 20 54 23 2

Au Lau Quantity 939.05 228.95 750.02 20.49 2289.65 102 58 51 HH 83 58 78 2 110 102 58 46

Minh Tien Quantity 478.23 4.05 377.49 0 19.33 22 40 7 HH 14 1 16 0 6 22 40 4

Y Can Quantity 264.71 19.24 1703.24 0 408.05 46 42 0 HH 8 4 48 0 12 46 42 0

Quy Mong Quantity 805.52 15.64 692.67 0 348.91 49 58 49 HH 23 3 23 0 8 49 58 12

Total Quantity 3,720.3 435.1 4,793.6 52.9 3,639.5 302.0 274.0 157.0 HH 162 109 245 6 160 302 274 105

D. Loss of Crops, Trees, and Aquaculture Ponds

22. A total of 10,384 fruit-bearing (perennial) trees, 182,168 timber trees and other forest products of various species will be acquired. In addition 1,269,370.3 m2 of land planted to annual crop and vegetables will likewise be affected. These trees will be compensated at

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replacement cost. Details of the species and number of affected trees are provided in Table II-6 , table II-7 and table II-8. The schedule of construction work in the District will be closely coordinated with the AHs to allow for the harvesting of standing crops. However, any un-harvested annual crops will be compensated at prevailing market rates.

Table II-6 Area (in m²) of Productive Land Used for Annual Crops

Commune Type of Crop Paddy (m2) Maize (m2) Cassava ( tree) Banana ( tree)

Minh Quan 140,501.1 653.0 4,864.0 896.0 Bao Hung 72,359.4 944.0 9,334.0 918.0 Hop Minh 20,308.0 7,651.0 3,554.0 256.0 Au Lau 21,664.0 0.0 3,800.0 649.0 Minh Tien 47,916.1 711.3 6,568.0 455.0 Y Can 77,110.6 2,438.3 424.0 386.0 Quy Mong 105,485.6 6,855.8 608.0 540.0 Total 485,344.8 19,253.4 29,152.0 4,100.0

E. Business Disruption and Income Loss

23. The DMS did not identify any businesses that will be affected by the implementation of the highway project.

F. Public Facilities

24. At this time, the DMS has not yet completed of public facilities that will be affected by the implementation of the highway project. Per agreement between VEC and PCARB, the local government will be responsible for finalizing the estimate of quantities of affected public facilities and the calculation of the cost for restoring and/or relocating the same which will be borne by the Project but will not be taken from the resettlement budget. The actual removal, transfer, and restoration of these affected public facilities will be carried out during road construction. Moreover, the relocation and restoration of power and telephone service will be carried out with minimum service interruption as possible. Similarly, the removal and rebuilding of irrigation canals will be done during off-farm season.

Table II-7 Inventory of Affected Perennial Trees

Type of Perennial Tree Unit

Commune Minh Quan

Bao Hung

Hop Minh Au Lau Minh

Tien Y Can Quy Mong

Papaya Tree 49 73 0 0 16 46 54 Guava Tree 48 46 0 0 74 45 42 Polemo Tree 44 60 6 54 81 107 113 Palm Tree 737 560 0 0 117 948 555 Orange Tree 42 24 0 0 1 7 71 Areca Palm Tree 294 969 0 0 413 257 253 Tea m2 51,375.4 106,790.8 41,428.0 52,010.0 8,980.0 16,812.9 35,305.7 Persimmon Tree 34 41 21 51 49 69 37 Khe Tree 25 19 6 18 30 41 29 Apricot tree Tree 0 4 20 23 5 0 14 Jacqkfruit Tree 71 62 30 59 35 58 55 Sugar Apple Tree 28 10 16 16 19 4 10 Longan Tree 97 102 22 207 27 177 53 Tram Tree Tree 74 245 11 41 6 91 47 Trung Ga tree Tree 17 13 3 3 10 22 22 Litchi Tree 116 94 83 252 107 89 105 Mango Tree 198 219 15 259 55 95 192

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Table II-8 Inventory of Affected timber Trees

Type of Timber Tree Unit

Commune Total Minh

Quan Bao

Hung Hop Minh

Au Lau

Minh Tien Y Can Quy

Mong Vernicia montana Tree 18 0 0 0 0 179 215 412 Boh Tree Tree 41,296 98 17 999 388 9,424 2,882 55,104 Dien Tree Tree 3,508 295 125 376 385 1,724 726 7,139 Bambusa tuldoides Tree 7,255 1,643 1,352 337 571 1,315 923 13,396 Eucalyptus Tree 14,304 7,377 44 3,973 4,700 7,106 3,171 40,675 Luong Tree Tree 0 0 0 0 40 252 1,133 1,425 Mai Tree Tree 2,849 575 741 73 98 976 83 5,395 Manglietia conifera Tree 15 55 0 200 8 220 31 529 Cinamon Tree Tree 361 508 162 979 241 5,524 26,210 33,985 Bamboo Tree 4,909 1,179 4,413 782 2,944 5,463 3,129 22,819 China Tree Tree 271 296 0 366 63 140 153 1,289 Total Tree 74,786 12,026 6,854 8,085 9,438 32,323 38,656 182,168

G. Summary of Impacts

25. Table II-9 gives a summary of the affected assets and other adverse social impacts of the Project in the Tran Yen District.

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Table II-9 Summary of Impacts

Items Unit Total AHs/ CPC

Land

Non - Agriculture Land

Residential Land m2 103,209.4 306 Special Use Land m2 0.0 0 Streams and special - use water surface land m2 0.0 0 Religious m2 0.0 0 Land for cemeteries, grave yards m2 0.0 0 Other Non - Agriculture Land m2 0.0 0

Agriculture Land

Annual Crop Land m2 1,269,370.3 1171 Perennial Tree Land m2 743,049.7 674 Forest land m2 578,991.8 571 Aquaculture Land m2 115,134.5 167 Other Agriculture Land m2 40,324.0 107

Other Land m2 0.0 0 Total of affected land 2,850,079.7 1,536 AHs

Main Structures ( houses ) Grade 1 (villa) m2 0.0 0 Grade 2 (Concrete floor, high quality of materials) m2 0.0 0

Grade 3 ( Concrete floor, average quality of materials) m2 0.0 0

Grade 4 (brick wall, wooden frame with titled roof) m2 2,557.2 35 Grade 5 ( bamboo and wooden frame with palm roof) m2 21,616.4 271 Totally affected house m2 24,173.6 306 Partially affected (house) m2 0.00 0 Secondary Structures Kitchen m2 3,720.3 162 Toilet m2 435.1 109 Animal Shed m2 4,793.6 245 Fence m 52.9 6 Multi-Purpose Concrete Pavement m2 3,639.5 160 Well No 302 302 Cistern No 274 274 Grave No 157 105 Trees and Crop Annual crop m2 1,269,370.3 1171 Perennial Tree Tree 10,384 674 Timer Tree Tree 182,168 571 Public facility Electric Poles Unit 0 0 Electric Transformer Unit 0 0 Electric line m 0 0 Irrigation canal m 0 0 Telephone line m 0 0 Total Number of Affected Households Total of affected households HH 1,588 AHs Relocating Households HH 306 Relocating small shop owners HH 0 Vulnerable households Women headed household HH 34 Household head with disability HH 2 Poor household HH 37 Ethnic minority household HH 122 Elderly household heads HH 158

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III. GENERAL SOCIOECONOMIC PROFILE

A. Composition of the AHs

26. The DMS has identified a total of 1588 affected households (AHs). 15.42 % (or 1225 AHs) of them were located in Minh Quan commune. 9.06 % (or 720 AHs) of them were located in Bao Hung commune. 7.61 % (or 121 AHs) of them were located in Hop Minh commune. 25.75 % (or 409 AHs) of them were located in Au Lau commune. 9.55 % (or 151 AHs) of them were located in Minh Tien commune. 16.75 % (or 266 AHs) of them were located in Y Can commune and 15.86 % (or 252 AHs) of them were located in Quy Mong commune. These affected households were made up of 7490 persons.

Table III-1 Composition of the Affected Households Commune Total No. of HH

Total Persons % Average/HH

Minh Quan 245 1225 15.42 5 Bao Hung 144 720 9.06 5 Hop Minh 121 605 7.61 5 Au Lau 409 2045 25.75 5 Minh Tien 151 755 9.55 5 Y Can 266 1330 16.75 5 Quy Mong 252 1260 15.86 5 Total 1588 7490 100 B. Profile of the Sample AHs

27. In view of the fact that (i) the AHs identified during the inventory of losses (IOL) in 2007 were based on preliminary information of the ROW and Project corridor of impact (COI), and (ii) there was reason to believe that the AHs identified during the DMS in April – August 2008 were substantially different from those identified during the IOL, project authorities decided to conduct a new socio-economic survey of the AHs based on a random sample survey of 20% of severely affected AHs (SAHs) and 10% of the rest of the AHs. The master list of AHs from which the samples were obtained came from the results of the DMS.

28. The results of the new socio-economic survey, which was carried out by the NGO contracted to prepare the income restoration program for SAHs, are presented below. A total of 370 AHs have been covered in the socio-economic survey and in of which, 83 AHs were located in the Au Lau Commune, 33 AHs were located in the Bao Hung commune, 33 AHs were located in the Hop Minh commune, 67 AHs were located in the Minh Quan commune, 36 AHs were located in the Minh Tien commune, 64 AHs were located in the Quy Mong commune and 54 AHs were located in the Y Can commune.

Table III-2 Sample Size per Commune Communes n %

AU LAU 83 22.4 BAO HUNG 33 8.9 HOP MINH 33 8.9 MINH QUAN 67 18.1 MINH TIEN 36 9.7 QUY MONG 64 17.3 Y CAN 54 14.6

Total 370 100

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C. Ethnicity and Gender of the Heads of Sample AHs

29. 345 out of 370 heads of the respondent AHs were from the majority Kinh tribe. 23 AHs were Muong ethnic , 1 AH was Thai ethnic and 1 AH was Tay ethnic. In addition, 74 AH heads were females while 296 AHs were males.

D. Educational Attainment of the Heads of Sample AHs

30. Of the 296 male AH heads interviewed, 1 (0.33 %) was Illiterate; 54 AHs ( 18.24%) had completed primary education; 185 AHs (62.50 %) had completed secondary education, 35 AHs (11.82 %) had completed high school and 5 AHs ( 1.69 %) had completed college. In contrast, of the 74 female AH heads, 7 AHs ( 9.45%) were Illiterate; 29 AHs (39.18 %) had completed primary education, 29 AHs (39.18 %) had finished secondary education; 6 AHs ( 8.10%) had completed high school and 1 AH ( 1.35 %%) had completed college.

Table III-3 Education Attainment of Sample AHs Heads (%)

Educational level AU

LAU BAO

HUNG HOP MINH

MINH QUAN

MINH TIEN

QUY MONG

Y CAN Male Female All

n n n n n n n n n n % Illiterate 3 . . 2 2 1 . 1 7 8 2.2 Primary 10 11 7 13 16 16 10 54 29 83 22.4 Secondary school 43 15 16 47 14 42 37 185 29 214 57.8 Not finished high school 3 2 6 3 . 3 1 15 3 18 4.9 Finished high school 20 4 4 2 3 2 6 35 6 41 11.1 College graduate 4 1 . . 1 . . 5 1 6 1.6 Total 83 33 33 67 36 64 54 295 75 370 100

E. Main Sources of Livelihood of the Sample AHs

31. The sample households reportedly were engaged in multiple sources of livelihood. However, as would be expected in a predominantly agriculture-based economy, most of the household heads interviewed (341 out of 370 or 92.2 %) reported farming as their main occupation, followed by raising livestock, where 274 households ( 74.1 %) were engaged in, 24 AHs ( 6.5 %) were government employee; selling goods – 18 AHs ( 4.9 %) were engaged in ; factory/shop worker – 10 AHs( 2.7 %) and 5 AHs worked as restaurant/ Eatery.

Table III-4 Main Occupation of Household heads

Source of income AU

LAU BAO

HUNG HOP MINH

MINH QUAN

MINH TIEN

QUY MONG Y CAN Total

n n n n n n n n % Farming 68 32 30 61 32 64 54 341 92.2 Raising livestock 55 30 26 40 29 56 38 274 74.1 Selling goods 9 1 2 3 2 0 1 18 4.9 Restaurant/eatery 2 1 0 1 0 0 1 5 1.4 Factory/shop worker 3 1 0 4 2 0 0 10 2.7 Government staff 8 4 3 5 3 0 1 24 6.5 Private employee 0 0 2 0 0 0 0 2 0.5 Transport operator 0 0 0 0 0 0 0 0 0.0 Driver 2 0 1 0 0 0 0 3 0.8 Remittances (local) 1 0 0 0 0 0 1 2 0.5 Remittances (Abroad) 0 1 0 0 0 0 0 1 0.3 Housewife 1 0 0 0 0 0 0 1 0.3 F. Monthly Income and Food Sufficiency of Sample AHs

32. Total of 37 AHs or 10 % interviewed claim that they have an average monthly income was below the Government-set poverty threshold which is lower than VND 1,000,000 per household per month. The remaining 333 (90 %) household heads interviewed said their monthly income of over 1 million VND which is above Government- set poverty threshold.

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Table III-5 Average Monthly Household Income and Expenditure (in VND) Monthly Household Income n % <1 million VND per HH per month 37 10 1 million VND per HH per month 333 90

33. It should be noted that while the reported cash incomes of some of the AHs were below the poverty threshold, it was learned during the socio-economic survey that the average productive lands with Land Use Rights Certificate (LURC) of each AH were 664 m2 of housing land, 2,462 m2 agriculture land, 1,677 m2 aquaculture land, and 9,497 m2 forest land. None of the AHs will lose all of the various types of land allocated to them by the government.

G. Health and Sanitation

34. Majority of the interviewed AH heads ( 94.3 % or 349 households) reported that their main source of water for washing and drinking were by dug well; 27 AHs were using the interstice from the mountain and 5 AHs used from the lake/streams.

Table III-6 Main Sources of Water of the Ahs

Sources AU LAU BAO HUNG

HOP MINH

MINH QUAN

MINH TIEN

QUY MONG

Y CAN Total

n n N n n n n n % Dug wells 81 27 29 59 35 64 54 349 94.3 Own faucet \ 0 0 2 0 0 0 0 2 0.5 Lake/streams 0 0 0 5 0 0 0 5 1.4 Interstice from mountain 3 6 11 6 0 0 1 27 7.3 Rain 0 0 0 0 0 1 0 1 0.3

35. Regarding toilet facilities, majority of the AH heads or 32.4 % ( 120 households) reported to use one- compartment latrine; 28.1 % ( 104 households) had water-sealed latrine located adjacent to their houses; 21.9 % or 81 households reported to use the open pits ; and 13.5 % or 50 households had two – compartment latrine.

Table III-7 Toilet Used by Project Affected Households

Types of latrine AU LAU BAO HUNG

HOP MINH

MINH QUAN

MINH TIEN

QUY MONG Y CAN Total

n n n n n n n n % Water-sealed latrine 53 11 10 16 5 3 6 104 28.1 Pits 9 0 4 21 9 19 19 81 21.9 One-compartment latrine 14 20 8 10 11 30 27 120 32.4 Two-compartment latrine 8 2 9 11 8 10 2 50 13.5 Public latrine 0 0 0 0 0 0 0 0 0.0 H. Sources of Energy for Lighting and Cooking 36. Most common power source for lighting among the AHs was electricity with almost of ( 369 households – 99.7 %) heads interviewed reporting to use it. a total of 56 AHs ( 15.1 %) still used petrol-lit light/kerosene and battery (22 AH or 5.9 %), wood/coal ( 2 households – 0.5 %) in addition to electricity for their lighting needs.

Table III-8 Sources of Energy for Lighting

Sources of lighting AU LAU BAO HUNG

HOP MINH

MINH QUAN

MINH TIEN

QUY MONG Y CAN Total

n n n n n n n n % Electricity 83 33 33 67 36 63 54 369 99.7 Water-generated electricity 0 0 1 0 0 0 0 1 0.3 Battery 4 0 1 8 0 0 9 22 5.9 Petrol-lit light 12 11 4 11 5 7 6 56 15.1 Wood/coal 1 0 1 0 0 0 0 2 0.5 Others 0 0 1 0 0 0 4 5 1.4

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IV. ENTITLEMENTS

37. The approved REMDP in 2007 spelled out the various entitlements the APs/AHs will receive based on the type and severity of their losses, in addition to their relative capacity to rehabilitate themselves. In 2008, the Yen Bai Province People’s Committee (PPC) promulgated a number of decisions (see list below) that seeks to implement the objectives and principles of the Project Resettlement Policy within the context of existing laws of the country and of the province.

a. Yen Bai Decision No 06/2008/QD-UBND, dated 24 April, 2008 - provision on compensation, support and resettlement; Compensation unit cost for assets, trees, crops which will be affected by construction of Noi Bao – Lao Cai highway project in Yen Bai province section.

b. Yen Bai Decision No 19/2008/QD-UBND, dated 04 September 2008 – Amending and supplement to the decision No 06/2008/QD-UBND, dated 24 April, 2008 - provision on compensation, support and resettlement; Compensation unit cost for assets, trees, crops which will be affected by construction of Noi Bao – Lao Cai highway project in Yen Bai province section.

c. Yen Bai Decision No 703/QD-UBND, dated 21 May 2009 – Provision on support and allowances for the affected households by the Noi Bai – Lao Cai project..

38. A revisit of the purpose for which the transition subsistence allowance was envisaged in the approved 2007 REMDP is in order to help put things in their proper context, The amounts of kilograms of rice or Vietnam Dong in transition allowance to be provided to severely affected households was linked to a specific purpose. They were to be provided to severely affected households in tranches

39. VEC opted for a change in strategy for the IRP when, during the preparation of the REMDP for Tam Duong District (Vinh Phuc province) in 2008, project authorities realized that (i)_the participating AHs had the propensity to choose livelihood activities that required big cash input with no assurance of success and/or with 5 to 7 years gestation period before any return in investment could be expected; (ii) ensuring that AHs could provide for their daily sustenance in the next 2 years following displacement was a big question; and (iii) the AHs would most likely end up in debt to cover for their daily needs. In addition, the provincial and district Resettlement Boards are ad hoc bodies and their members have other regular duties in government. Therefore, the task of having to manage the release of the transition subsistence allowance of the AHs in tranches over a period of 2 years was not feasible. On top of it all, the AHs would probably demand to get in one go the entire transition allowance they are entitled to, thereby defeating the purpose for which the allowance had been conceived.

to coincide with the harvest season, or every 6 months, for a period of 2 years during which time the AHs were to participate in an income restoration program (IRP) that was geared towards a change in livelihood. Since all of the households losing more than 10% of their productive land are farmers, the intention of the subsistence allowance was to provide the affected households “guaranteed harvest” each cropping season for a period of 4 cropping seasons while they start a new line of livelihood. It was reckoned in 2007 that it would take 2 years at least before a severely affected household could re-establish itself economically, with assistance from the project. In other words, the 24-month transition allowance was not a “cash windfall” of sort; it was linked to the IRP.

40. In view thereof, a new strategy for the IRP has been designed during the preparation of the REMDP for Tam Duong District. Aware of the fact that none of the affected

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households in the entire stretch of the project highway will lose all of their productive lands, the revised IRP strategy puts emphasis on AHs being able to produce during the immediate term (first year) for their basic needs by maximizing the use of their remaining productive lands on food production, and by engaging in fast-return and short-cycle backyard livelihood production, in addition to helping them find work in neighboring factories and urban areas.

41. Since the conceptualization of the IRP for the district will involve a series of workshops and consultations with the AHs and will thus take time to finish, the agreed specific income restoration activities of the AHs and updates on their implementation will be included in the quarterly progress report on resettlement that will be submitted by the PMU to VEC and ADB. The agreed IRP for the district will be evaluated every six months to ensure the attainment of the objectives of the program. Modifications in the program will be made as and when necessary. (For more on the modified IRP strategy, see Resettlement Strategy in next Chapter).

42. Moreover, every year, the commune evaluates the capacity of the households to provide for their basic needs. Specific to poor severely affected AHs (SAHs), the Expressway Project Management Unit (EMPU) of VEC, along with the CPC and the District Compensation, Assistance, and Resettlement Board (DCARB), will monitor and evaluate the progress of these SAHs in rehabilitating themselves. Assistance from the poverty program of the national government4

43. Apart from the change in strategy for the IRP, the province has also issued provision of various assistance to households losing more than 10% of their productive land and for relocating households. It should be noted that these assistance are in addition to what was in the agreed entitlement matrix in the original REMDP. These are provision of additional cash assistance for affected productive land, transition subsistence allowance, change of job assistance, lump sum allowance for households who opted for self-relocation and assistance to cover miscellaneous and living expenses. These new allowances are highlighted in the entitlement matrix below.

will continue, in addition to the Income restoration program of the project to help ensure that they are able to restore or even improve their pre-project productive capacity and standards of living.

.

4 While not an offshoot of the Noi Bai – Lao Cai Highway Project, the PPC believes that the decisions it

promulgated on compensation and allowances to AHs cannot be dissociated with the government’s anti-poverty program. Under the program, households with a monthly income (i.e., in cash and/or cash equivalent of produce) of VND 1 million are entitled to (i) VND70,000 per month for each child attending primary school; (ii) VND140,000 per month for each child attending secondary school; (iii) VND130,000 per year for each child aged less than 6 years old; (iv) VND240,000 per month for each child below 18 months old; (v) Free medical diagnosis at commune clinics; government health insurance to cover 95% of the cost of medicine; government health insurance to cover 95% of the cost of confinement and doctor’s fee in hospitals; and (vi) Housing loan at low interest.

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Table IV-1 Entitlement Matrix

No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009 1. Productive land

(agricultural, aquaculture, forest, garden)

Marginal loss (i.e., land is still economically viable for use or meets the expected personal yield)

Owners with LURC; in the process of acquiring LURC; are eligible to acquire LURC; and those covered by customary rights, such as members of ethnic minority groups.

• For the portion to be acquired permanently: Cash compensation at replacement cost (free from taxes and transaction costs).

• For the portion to be used temporarily during construction: (i) rental in cash which will be no less than the net income that would have been derived from the affected property during disruption; (ii) restoration of the land within 3 months after use; VEC will pay full replacement cost if contractor fails to restore the affected land within 3 months after end of use.

• For non-land assets, see Items 3-5 below.

• Affected households to be notified at least 4 months prior to the date that the Project will actually be acquired by the Project

• For the portion to be acquired permanently, cash compensation at replacement cost (free from taxes and transaction costs)

• No mention of temporary use of land; but it is common

practice in Vietnam that contractors cannot use any private property without a negotiated arrangement with the owners of the same.

• For non-land assets, see Items 3-5 below. • Consistent with the country’s law on disclosure,

households affected by government projects are constantly updated on developments about the projects that are undertaken in their communities.

` Same application

as above Affected households with lease agreement over the affected land

• For the portion to be acquired permanently: (i) cash assistance equivalent to 30% of the replacement cost of the land for any improvements (e.g., landscaping, filling, leveling, etc.) invested on the affected property to make it productive; (ii) cash assistance for permanent loss of production equivalent to market value of produce on affected land per year multiplied by 3 years.

• For the portion to be used temporarily during construction: (i) rental in cash

• For Land to be acquired permanently : cash assistance for any investment expenditure ( but should not exceed 40% of the replacement cost of the land ) for any improvements (e.g., landscaping, filling, leveling, etc.) invested on the affected property to make it productive;

• For crop and trees loss : cash assistance for permanent

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No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009 which will be no less than the net income that would have been derived from the affected property during disruption; (ii) restoration of the land within 3 months after use; Government will pay 30% of the replacement cost of the property if contractor fails to restore the affected land within 3 months after end of use.

• For non-land assets, see Items 3-5 below

• Affected households to be notified at least 4 months prior to the date that the land will actually be acquired by the Project

loss of production equivalent to market value of produce on affected land per average of 3 years before.

• For non-land assets, see Items 3-5 below • Consistent with the country’s law on disclosure,

households affected by government projects are constantly updated on developments about the projects that are undertaken in their communities.

There is no leased land in the District.

Severe loss (i.e., land no longer viable for continued use or does not meet the expected personal yield, therefore the entire property to be acquired.)

Owners with LURC; in the process of acquiring LURC; is eligible to acquired LURC; and those covered by customary rights, such as members of ethnic minority groups.

• Cash compensation at replacement cost (free from transaction costs) for the entire land, or land-for-land of equivalent productive value and with secure tenure.

• For non-land assets, see Items 3-5 below

• For allowances due to severe loss, see Items 9 and 11 below

• Entitled to take part in the income restoration program

• Affected households to be notified at least 4 months prior to the date that the land will actually be acquired by the Project

• Cash compensation at replacement cost (free from transaction costs) for the entire land.

• For non-land assets, see Items 3-5 below • For allowances due to severe loss, see Items 9 and 11

below • Entitled to take part in the income restoration program • Consistent with the country’s law on disclosure,

households affected by government projects are constantly updated on developments about the projects that are undertaken in their communities.

Same application as above

Affected households with lease agreement over the affected land

• Cash compensation equivalent to 30% of the replacement cost of the entire land for lost investments or land-for-land of equal productive

For Land to be acquired permanently : cash assistance for any investment expenditure ( but should not exceed 40% of the replacement cost of the land ) for any improvements (e.g., landscaping, filling, leveling, etc.)

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No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009 value and with same lease agreement, plus cash assistance for permanent loss of production equivalent to market value of produce on affected land per year multiplied by 3 years.

• For non-land assets, see Items 3-5

below • For allowances due to severe loss,

see Items 9 and 11 below • Entitled to income restoration

program • Affected households to be notified

at least 4 months prior to the date that the land will actually be acquired by the Project

invested on the affected property to make it productive; • For crop and trees loss : cash assistance for permanent

loss of production equivalent to market value of produce on affected land per average of 3 years before.

• For non-land assets, see Items 3-5 below • For allowances due to severe loss, see Items 9 and 11

below • Entitled to take part in the income restoration program • Consistent with the country’s law on disclosure,

households affected by government projects are constantly updated on developments about the projects that are undertaken in their communities.

There is no leased land in the District.

2. Residential land Marginal loss (i.e., land is still viable for use and not requiring relocation)

Owners with LURC; in the process of acquiring LURC; are eligible to acquire LURC; and those covered by customary rights, such as members of ethnic minority groups.

• For the portion to be acquired permanently: Cash compensation at replacement cost (free from taxes and/or transaction costs).

• For the portion to be used temporarily during construction: (i) rental in cash to be negotiated by CARB with the affected households; (ii) restoration of the land within 3 months after use; Government will pay replacement cost if contractor fails to restore the affected land within 3 months after end of use.

• For non-land assets, see Items 3-5 below

• Affected household to be notified

• Cash compensation at replacement cost (free from transaction costs) for the entire land.

• No mention of temporary use of land; but it is common

practice in Vietnam that contractors cannot use any private property without a negotiated arrangement with the owners of the same.

• For non-land assets, see Items 3-5 below • Consistent with the country’s law on disclosure,

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No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009 at least 6 months prior to the date that the Project will actually be acquired by the Project

households affected by government projects are constantly updated on developments about the projects that are undertaken in their communities.

Severe loss

(i.e., land no longer viable for continued use and the entire property to be acquired).

Owners with LURC; in the process of acquiring LURC; is eligible to acquire LURC; and those covered by customary rights, such as members of ethnic minority groups.

• Cash compensation at replacement cost (free from taxes and transaction costs) for the entire land, or land-for-land of similar attributes with secure tenure

• For non-land assets, see Items 3-5 below

• For allowances due to relocation of house, see Item 10 below

• Affected households to be notified at least 6 months on the date that the Project will actually be acquired by the Project

The Project, through the CARB and the Commune People’s Committee (CPC), will acquire and develop a group relocation site if at least 8 affected households losing entire residential land in a village are willing to shift to said relocation site in lieu of cash compensation for their lost residential land. Each home plot will be not less than 200 m² in rural areas and not less than 100 m² in urban areas and will have its own latrine. Relocation site will have basic facilities.

• Cash compensation at replacement cost (free from taxes and transaction costs) for the entire land, or land-for-land of similar attributes with secure tenure

• For non-land assets, see Items 3-5 below • For allowances due to relocation of house, see Item

10 below • Affected households to be notified at least 6 months

on the date that the Project will actually be acquired by the Project

306 HHs have to relocate and 226 out of these AHs have decided to shift to group relocation sites. 16 sites are available. Size of individual plots is 300 m².

3. House and shops

Marginal impact (i.e., unaffected portion of the house is still viable for use and require no relocation

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit

• Cash compensation at replacement cost (i.e., no depreciation and no deduction for salvage materials) for the affected portion.

• Repair allowance not less than 20% of replacement cost of the affected portion or equivalent to the

• Cash compensation at replacement cost (i.e., no depreciation and no deduction for salvage materials) for the affected portion.

• Repair allowance not less than 20% of replacement cost

of the affected portion or equivalent to the actual cost of repair.

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No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009

actual cost of repair. No partial impacts on houses. All affected houses will be totally affected

.

Severe impact (i.e., house is no longer viable for continued use and the entire structure is to be acquired

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit

• Cash compensation based on current market prices of materials and labor without depreciation or deductions for salvaged building materials for the entire structure.

• For allowances see Item 10 below

• Cash compensation based on current market prices of materials and labor without depreciation or deductions for salvaged building materials for the entire structure.

• For allowances see Item 10 below

4. Secondary structures (kitchen, latrine, etc)

Loss of, or damage to, assets

Owners of the structures with or without acceptable proof of ownership over the land; with or without building permit

• Cash compensation based on current market prices of materials and labor without depreciation or deductions for salvaged building materials

• Cash compensation based on current market prices of materials and labor without depreciation or deductions for salvaged building materials

5. Crops and trees, aquaculture products

Loss of, or damage to, assets

Owners regardless of tenure status

• Annual crops and aquaculture products equivalent to current market value of crops/aquaculture products at the time of compensation;

• For perennial crops trees, cash compensation at replacement cost equivalent to current market value given the type, age and productive value (future production) at the time of compensation.

• Timber trees based on diameter at breast height at current market value

• Cash compensation for annual crops and aquaculture products based on PPC rates. The RCS conducted by consultants confirmed that PPC rates were at par with market rates.

• For perennial crops trees, cash compensation based on

PPC rates. The RCS conducted by consultants confirmed that PPC rates were at par with market rates.

• Cash compensation for timber trees based on PPC

rates. The RCS conducted by consultants confirmed that PPC rates were at par with market rates.

6. Public facilities

(electric poles, telecom

Loss of, or damage to, assets

EVN, Telecom, Cash compensation to cover the cost of restoring the facilities

• Per agreement between VEC and the Provincial People’s Committee, the inventory of affected public utilities and structures will be done separately since their

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No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009 restoration and/relocation will be carried out by the civil works contractor under the supervision of PPC and DPC.

7. Communal irrigation system

Loss of, or damage to, assets

Irrigators’ Association Cash compensation to cover the cost of restoring the irrigation system

• Per agreement between VEC and the Provincial People’s Committee, the inventory of affected public utilities and structures will be done separately since their restoration and/relocation will be carried out by the civil works contractor under the supervision of PPC and DPC.

8. Graves Damage to graves Affected households All costs of excavation, relocation and reburial will be reimbursed in cash to the affected family. Graves to be exhumed and relocated in culturally sensitive and appropriate procedure

All costs of excavation, relocation and reburial will be paid in cash to the affected family. Graves to be exhumed and relocated in culturally sensitive and appropriate procedure

9. Loss of income/livelihood due to loss of productive land

Severe impacts due to loss of 10% or more of their total productive land and income sources

Owners with LURC; in the process of acquiring LURC; are eligible to acquire LURC; and those covered by customary rights, such as members of ethnic minority groups and affected households with lease agreement over the affected land

• Transition subsistence allowance of VND 24,192,000 ($1,512) per household, sufficient to provide minimum basic needs of the household for 2 years at $63.00 per month and which amount will be given in tranches every 6 months to coincide with the cropping season while affected households are taking part in the income restoration program in order to restore their pre-project income/livelihood. Additional cash and in-kind assistance to the participating affected households will be provided as and when necessary

• A new strategy for the IRP has been designed during the preparation of the REMDP for Tam Duong District. Aware of the fact that none of the affected households in the entire stretch of the project highway will lose all of their productive lands, the revised IRP strategy puts emphasis on AHs being able to produce during the immediate term (first year) for their basic needs by maximizing the use of their remaining productive lands on food production, and by engaging in fast-return and short-cycle backyard livelihood production, in addition to helping them find work in neighboring factories and urban areas. The agreed IRP for the district will be evaluated every six months to ensure the attainment of the objectives of the program. Modifications in the program will be made as and when necessary.

• Payment of annual crops on the affected land recorded during the DMS. HHs will still be paid for loss of annual crops even if there are no standing

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No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009 crops at the time of payment.

• In addition to payment for affected land at current

market value, cash assistance amounting to 500VND/sq.m. for affected productive land. This will apply to households losing more than 30% of their productive land.

• Transition subsistence allowance : Lose from 10 % to 30% of productive land. The

AHs will get 9,000,000 VND/HH of Transition subsistence allowance.

Lose from 30% to 50% of productive land ( If not shifting). The AHs will get the allowance by cash equivalent ( 30 Kg x 50% of total member AHs x 3 months) – OR 6 Months ( If shifting AH). The minimum amount of allowance is 12,000,000 VND/HH.

Lose from 50% to 70% of productive land ( If not shifting). The AHs will get the allowance by cash equivalent ( 30 Kg x 70% of total member AHs x 3 months) - OR 6 Months ( If shifting AH). The minimum amount of allowance is 18,000,000 VND/HH.

Lose more than 70% of productive land. The AHs will get the allowance by cash equivalent (30 Kg x 100% of total member AHs x 3 months) - OR 6 Months ( If shifting AH).The minimum amount of allowance is 24,000,000 VND/HH.

( Note : The minimum allowance is meaning that, if computing following the PPC rate of allowance, the amount is less than the minimum value. The AHs will be added to equal in the minimum value. If the amount is more than the minimum value, the AH will be still get that amount.)

• Allowance for Change of job for HH working

member (between 18 to 50 years old) equivalent to 400,000 VND/HH member for a period of three

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No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009 months:

o HHs losing more than 70% of their productive land: 100% assistance to all working HH members

o HHs losing between 50% to 70% of their productive land: 70% assistance to all working HH members

o HHs losing between 30% to 50% of their productive land: 50% assistance to all working HH members

10 Impacts on houses and will require relocation

Severe impacts on houses

Relocating households (houses) regardless of tenure status

• Materials transport allowance not less than VND 3,000,000/

Affected households opting to transfer to another province will be provided not less than VND

household ($188) or equivalent to the actual cost of relocation expenses (labor, transport) if relocating within the district.

5,000,000/ household

• Miscellaneous/Living Cost Allowance of not less than 6 months VND 6,048,000/household ($378). This will cover miscellaneous/ living expenses and costs of rebuilding of house. Additional transition subsistence allowances will be provided as and when necessary.

($312.50) or equivalent to the actual cost of relocation expenses (labor, transport).

• Material Transport allowance amounting to VND 4,000,000/ household if relocating within the district. Affected households opting to transfer to another province will receive VND 6,000,000/household

• Transition subsistence allowance for a period of 6

months: 100,000 VND/HH member for 6 months • Cash assistance for self-relocating households

amounting to 25,000,000VND per household.

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No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009

11 Loss of income/ livelihood due to relocation of business

Severe impacts on shops

Relocating shop owners) regardless of tenure status

• Materials transport allowance not less than VND 3,000,000/ shop owner ($188) if relocating within the district or equivalent to the actual cost of relocation expenses (labor, transport). Affected shop owner opting to transfer to another province will be provided not less than VND 5,000,000/ shop ($312.50) or equivalent to the actual cost of relocation expenses (labor, transport).

• Business disruption allowance of VND 6,048,000/household ($378) to cover the loss of income for a period of not less than 6 months during the reestablishing of shops which is reckoned to take six months

There are no affected businesses in the District. Business disruption allowance : The HHs lose of income source cause by relocation and disruption of business which to be affected by the project and the business households have registered to the TAX office, the AHs will get 6,000,000 VND /HH for allowance. The registered company shall be get the allowance equal 30% of income per one year, average income will be calculated over 3 years ago but that must to be confirmed by the tax office.

12 Higher risks of impoverishment /hardship due to loss of resource base

Loss of Land and Non-Land Assets

Affected vulnerable groups regardless of severity of impacts

• Additional support allowance of not less than VND 12,096,000 ($756) per household for 12 months at $63.00 per month to cover for additional human resources to help them rebuild their houses and re-establish their livelihood.

• Additional support allowance for AHs that belong to any of these vulnerable groups -- ethnic minority, and/or headed by the disabled, woman, and elderly at 12,000,000VND per month..

• Additional allowance for poor households losing 10% or

more of their productive lands are entitled to additional allowance equivalent to 15kg of rice per household member for 36 months based on the following computations: o Losing more than 70% of productive land: 100%

assistance or 15 kg rice multiplied by VND10,000 multiplied by total number of persons in the

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No. Type of Loss/Impacts Application Eligible Persons 2007 REMDP Entitlements

( Number of Decision ) 2008 and 2009 PPC-approved Entitlements

Decision No 06/2008/QD-UBND dated 24/04/2008, Decision No 19/2008/QD-UBND dated 04/09/2008 and Decision 703/QD-

UBND dated 21/05/2009 • Entitled to take part in Income

Restoration Program

household multiplied by 36 months, o Losing between 50% to 70% of productive land: 15

kg rice multiplied by VND10,000 multiplied by 70% of the number of persons in the household multiplied by 36 months,

o Losing between 30% to 50% of productive land: 15 kg rice multiplied by VND10,000 multiplied by 50% of the number of persons in the household multiplied by 36 months

o HHs losing between 10% to 30% of productive land: 12,000,000 VND/HH

• Anti-poverty program for mountain-rural areas:

a. VND70,000 per month for each child attending primary school;

b. VND140,000 per month for each child attending secondary school;

c. VND130,000 per year for each child aged less than 6 years old;

d. VND240,000 per month for each child below 18 months old; and

e. Free medical diagnosis at commune clinics; government health insurance to cover 95% of the cost of medicine; government health insurance to cover 95% of the cost of confinement and doctor’s fee in hospitals.

f. Housing loan at low interest • See New IRP strategy in Item 9 above.

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V. RESETTLEMENT STRATEGY

44. This Chapter discusses in detail the various entitlements the Project will provide the AHs to help them restore or improve their living condition to at least their pre-Project levels.

A. Affected Land

1. Compensation to Owners of Affected Land

45. The Project will acquire a total of 2,850,079.7 m² of private land in the District at the cost of $ 3,911,770.2. This amount has been calculated consistent with the findings of the replacement cost study (RCS) done by an independent organization in July 2008. (See Appendix 5 for the RCS report).

46. While the ideal mode of compensation for lost land, especially for those that will be acquired wholly, is land-for-land, the District REMDP takes cognizance of the difficulty in finding replacement land. Therefore, cash compensation at replacement cost is the preferred mode of reparation for productive land (i.e., annual crop land, aquaculture land, perennial tree land, and forest land). For non-productive land (i.e., residential, special use land, etc.), the AH have decided to receive cash compensation for their property. 226 of the 306 AHs will shift to relocation sites to be provided by the project (16 relocations sites are available for these) while 80 AHs will relocate by themselves and these AHs will get the amount of $US 121,212.1 for relocation assistance. (A detailed discussion on relocation is provided in Section I of this chapter and more information on the relocation site is in Appendix 4).

Table V-1 Replacement Cost of Affected Private Land (in US$)

Commune Unit Residenti

al Land Annual

Crop land Perennial tree Land

Forest Land

Aquaculture Land

Other Agriculture

Land Total

Minh Quan USD 22,184.0 256,621.1 108,815.5 114,371.1 78,101.7 882.3 580,975.7

HH 25 134 83 91 36 3 260 Bao Hung USD 28,787.3 245,656.7 154,701.8 19,363.7 12,980.4 34,699.4 496,189.3 HH 28 99 89 76 12 25 144 Hop Minh USD 26,897.4 92,586.7 66,288.8 41,530.2 10,783.0 4,441.2 242,527.3 HH 40 82 83 32 8 18 121 Au Lau USD 520,267.8 498,733.8 164,416.5 41,870.1 13,805.3 101,774.7 1,340,868.2 HH 101 320 134 96 15 56 380 Minh Tien USD 21,822.9 147,044.2 53,590.2 20,303.5 19,757.3 950.5 263,468.5 HH 22 128 55 51 36 5 133 Y Can USD 26,991.1 194,840.4 113,339.2 44,854.4 21,388.9 0.0 401,414.1 HH 42 201 110 110 28 0 255 Quy Mong USD 68,402.1 299,212.4 168,764.4 30,553.4 19,394.9 0.0 586,327.1 HH 48 207 120 115 32 0 243 Total USD 715,352.5 1,734,695.3 829,916.3 312,846.5 176,211.5 142,748.1 3,911,770.2 HH 306 1,171 674 571 167 107 1,536

2. Compensation to Lessees of Affected Leased Land

47. There are no affected leased lands in Tran Yen District.

B. Affected Main Structures (Houses, Buildings)

1. Compensation and Allowances for Wholly Affected Main Structures

48. The 306 AHs in the District whose houses will be acquired wholly will receive compensation at replacement cost amounting to an aggregate of $ 1,429,343.8.

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Table V-2 Replacement Costs (in US$) of Totally Affected Houses by Grade

Commune Unit Grade of House Total 1 2 3 4 5

Minh Quan USD 0.00 0.00 0.00 75,709.09 113,052.54 188,761.63 HH 0 0 0 10 15 25

Bao hung USD 0.00 0.00 0.00 106,560.61 95,084.85 201,645.45 HH 0 0 0 8 20 28

Hop Minh USD 0.00 0.00 0.00 0.00 145,187.88 145,187.88 HH 0 0 0 0 40 40

Au Lau USD 0.00 0.00 0.00 0.00 476,409.09 476,409.09 HH 0 0 0 0 101 101

Minh Tien USD 0.00 0.00 0.00 53,000.00 102,393.94 155,393.94 HH 0 0 0 8 14 22

Y Can USD 0.00 0.00 0.00 34,478.79 84,761.23 119,240.02 HH 0 0 0 5 37 42

Quy Mong USD 0.00 0.00 0.00 47,617.58 95,088.24 142,705.82 HH 0 0 0 4 44 48

Total USD 0.00 0.00 0.00 317,366.06 1,111,977.77 1,429,343.83 HH 0 0 0 35 271 306

C. Compensation for Affected Secondary Structures

49. The various secondary structures affected by the Project in the Tran Yen District will be compensated at replacement cost totaling $ 633,161.6.

Table V-3 Replacement Cost (in US$) of Affected Secondary Structures

Commune Unit Kitchen

(m2) Toilet (m2)

Animal Shed (m2)

Fence (lm)

Concrete pavemen

t (m2)

Well (Unit)

Cistern (Unit)

Grave (Unit) Other

Minh Quan

USD 27,306.0 817.7 3,138.9 0.0 838.7 1,915.4 8,950.7 1,921.2 32,873.8

HH 17 6 14 0 4 27 29 10 15

Bao Hung USD 32.7 26,715.

0 19,365.

7 1,537.

5 0.0 363.3 10,543.5 7,333.7 16,753.8

HH 1 22 52 4 0 2 24 31 20

Hop Minh USD 20,321.7 1,834.2 1,943.0 0.0 3,780.8 1,508.9 4,446.4 1,200.0 22,702.0

HH 16 15 14 0 20 54 23 2 56

Au Lau USD 30,007.6 10,750.

5 8,287.6 476.8 9,692.4 5,012.1 5,103.9 7,814.5 211,935.5

HH 83 58 78 2 110 102 58 46 120

Minh Tien USD 21,957.4 8.8 1,647.3 0.0 229.7 1,981.2 6,693.6 1,030.3 5,070.2

HH 14 1 16 0 6 22 40 4 25

Y Can USD 2,029.2 317.3 10,785.

5 0.0 121.8 1,973.6 10,010.6 0.0 16,084.9

HH 8 4 48 0 12 46 42 0 48

Quy Mong USD 14,655.8 190.6 4,890.2 0.0 1,645.7 2,130.0 11,472.

2 7,297.0 3,713.1

HH 23 3 23 0 8 49 58 12 12

Total USD

116,310.4

40,634.1

50,058.2

2,014.3 16,309.1 14,884.

5 57,220.

9 26,596.

7 309,133.

4 HH 162 109 245 6 160 302 274 105 296

D. Compensation for Standing Crops and Trees

50. It is the policy of this Project to allow as much as practicable the harvesting of standing annual crops on land inside the ROW prior to the commencement of civil works. As mentioned earlier, some 1,269,370.3 m² of productive land had standing crops when the DMS was conducted in April – August 2008. The market value of said crops have been calculated at $125,977.20. This amount is included in the resettlement budget to be approved by the provincial people’s committee (PPC). By default, the AHs will receive said amount even if at the time of payment of compensation, there are no standing crops on their affected lands, of the AHs.

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Table V-4 Compensation (in US$) for Standing Crops

Commune Type of Crop Total Paddy Maize Cassava Banana Other Minh Quan 25,545.7 47.5 434.8 1,620.2 2,263.3 29,911 Bao Hung 13,215.0 68.7 869.1 1,558.2 1,513.2 17,224 Hop Minh 3,692.4 556.4 321.3 483.6 2,715.8 7,770 Au Lau 3,815.6 0.0 388.4 1,120.3 0.0 5,324 Minh Tien 9,921.4 50.7 409.1 827.3 7,566.5 18,775 Y Can 14,131.9 177.3 79.2 746.7 6,275.6 21,411 Quy Mong 19,199.6 496.7 396.4 908.5 4,560.9 25,562 Total 89,521.6 1,397.4 2,898.2 7,264.7 24,895.3 125,977.2

51. The market value of the 10,384 fruit-bearing (perennial) trees, 182,168 timber trees and other trees is estimated to be $ 1,075,687.9 based on the following factors: (i) average annual yield multiplied by an assumed number of productive years for each species, in addition to the cost of the seedling and labor, for fruit-bearing trees; and (ii) cost of seedling and labor and the prevailing market rates of lumber for timber trees. The owners of said standing trees have been determined during the DMS.

Table V-5 Compensation amount (in US$) of Perennial Trees

Type of Perennial Tree Unit

Commune Total Minh

Quan Bao

Hung Hop Minh Au Lau Minh

Tien Y Can Quy Mong

Papaya USD 333.6 357.9 0.0 0.0 79.4 320.0 367.3 1,458.2 Guava USD 490.0 430.0 0.0 0.0 1,048.3 112.2 316.0 2,396.5 Polemo USD 1,280.6 1,340.0 175.8 850.3 1,460.0 2,260.0 2,011.5 9,378.2 Palm USD 3,334.5 2,890.9 0.0 0.0 637.6 4,492.1 1,903.0 13,258.2 Orange USD 784.8 436.4 0.0 0.0 30.3 272.7 759.4 2,283.6 Areca Palm USD 951.5 1,322.1 0.0 0.0 2,770.0 2,536.7 1,630.6 9,210.9 Tea USD 39,464.2 89,957.4 40,779.8 39,587.4 7,217.2 12,934.9 26,871.1 256,812.0 Persimmon USD 1,030.3 1,137.6 1,190.9 1,747.9 1,845.5 2,267.1 1,153.9 10,373.2 Khe USD 103.0 51.5 32.1 67.3 144.2 202.4 112.1 712.7 Apricot tree USD 0.0 29.1 187.3 28.5 14.5 0.0 155.8 415.2 Jacqkfruit USD 1,176.4 606.5 463.1 761.1 463.0 1,205.6 527.1 5,202.8 Sugar Apple USD 420.0 115.2 290.9 141.8 279.4 37.0 115.2 1,399.4 Longan USD 3,482.4 1,509.1 1,227.9 2,781.2 1,703.0 3,241.2 1,106.1 15,050.9 Tram Tree USD 1,281.8 807.6 176.7 223.6 27.3 595.5 438.2 3,550.6 Trung Ga tree USD 75.2 52.1 36.4 26.7 81.2 141.7 142.8 556.0 Litchi USD 2,854.5 2,560.6 957.6 5,932.7 3,118.2 1,700.0 2,536.6 19,660.2 Mango USD 2,893.9 3,730.3 351.5 3,921.8 823.6 2,081.8 1,948.5 15,751.5 Other USD 49,588.8 15,801.4 9,886.0 44,791.0 14,258.2 16,790.7 25,740.2 176,856.4 Total USD 109,545.7 123,135.8 55,755.9 100,861.2 36,000.9 51,191.7 67,835.3 544,326.5

Table V-6 Compensation amount (in US$) of Timber Trees

Type of Timber Tree

Commune Total Minh

Quan Bao

Hung Hop Minh Au Lau Minh

Tien Y Can Quy Mong

Vernicia montana 32.7 0.0 0.0 0.0 0.0 671.9 813.3 1,518.0 Boh Tree 36,557.9 76.4 8,231.5 4,077.3 383.0 5,979.1 1,870.9 57,176.0 Dien Tree 1,064.5 150.0 37.9 676.6 119.7 536.1 222.1 2,806.9 Bambusa tuldoides 1,795.2 408.0 327.8 203.3 138.4 318.8 223.8 3,415.2 Eucalyptus 11,620.7 6,166.2 69.6 12,836.0 4,225.3 6,152.1 2,634.0 43,703.8 Luong Tree 0.0 0.0 0.0 0.0 12.1 76.4 343.3 431.8 Mai Tree 881.5 174.2 224.5 327.9 34.5 297.6 25.2 1,965.5 Manglietia conifera 18.2 48.2 0.0 3,449.6 7.3 180.9 27.3 3,731.4 Cinamon Tree 2,078.8 2,157.0 933.3 9,425.6 1,412.1 25,725.8 140,545.5 182,278.1 Bamboo 2,996.4 823.6 2,727.0 2,129.6 1,962.4 3,368.8 2,977.9 16,985.6 China Tree 224.8 252.7 0.0 2,070.2 50.6 98.5 152.7 2,849.6 Other 7,233.9 4,620.7 12,531.5 101,906.9 1,942.2 20,472.5 65,791.5 214,499.3 Total 64,504.5 14,877.0 25,083.0 137,103.1 10,287.8 63,878.4 215,627.5 531,361.4

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E. Affected Businesses and Income Loss

52. The DMS has determined that there are no commercial establishments along the project road alignment.

F. Affected Vulnerable AHs

53. The DMS has identified 122 EM AHs, 34 female-headed AHs, 158 elderly-headed AH, 37 poor AHs, and 2 AHs headed by persons with disabilities. Each household will receive VND 12,000,000. Please see below for information of allowances on vulnerable Groups in Tran Yen district:

Allowances on Ethnic Minority AHs (122 Case or a total of $US 88,727.3)

Allowances on Female – Headed AHs ( 34 Case or a total of $US 24,727.3)

Allowances on Elderly – Headed AHs ( 158 Case or a total of $ US 114,909.1)

Allowances on Disabilities – Headed AHs (2 Case or a total of $US 1,454.5)

Allowances on Poor AHs ( 37 Case or a total of $US 26,909.1 )

54. In addition to the aforementioned, the commune people’s committee (CPC), along with the DCARB and the EPMU, will ensure that SAHs, especially the poor, will be able to avail of the national government anti-poverty program for rural mountain areas. The CPC, DCARB and EPMU will monitor and evaluate the progress of these SAHs in rehabilitating themselves. Assistance from the poverty program of the national government will continue, in addition to assistance from the Income restoration program of the project and other programs of government, will be extended to the SAHs until they are able to restore or improve their pre-project productive capacity and standards of living.

G. Income Restoration Program

55. The project’s IRP framework is aimed at helping severely affected AHs be able to produce for their basic needs within the first year of displacement. This will be accomplished by helping them find ways to (i) maximize the use of their remaining productive lands for food production (rice and vegetables), (ii) engage in fast-return and short-cycle backyard livestock production, and (iii) find work in neighboring factories and urban areas. The IRP strategy puts emphasis on food production, aware of the fact that the AHs are all farmers and that production in the project area is basically for home consumption. Farm production will be augmented by small-scale, short-cycle livestock production on the remaining lands of the AHs. This activity is intended to provide both food and cash to the AHs. It is also intended to provide livelihood to members of the AHs who are no longer able to seek employment in factories and shops in urban areas, such as the elderly. In addition to the two activities, members of the AHs that are within the working age (15 to 60 years old) will be provided training, as needed, and referred to factories and establishments in need of workers. This component of the strategy is also intended to bring in cash for the other basic needs of the AHs.

56. In the long term, the AHs may consider engaging in other livelihood activities that require bigger capital, such as those cited in the IRP report by CSDP, after they have stabilized their post-displacement situation. (See Appendix 6 for a copy of the IRP framework). At present, the VEC and the people’s committee of Yen Bai province are in the process of setting up the Provincial Income Restoration Steering Board that is tasked to review, approve, and oversee the implementation of the income restoration plan to be prepared by the District Income Restoration Management Committee, more commonly

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known as the IRP Working Group. With technical support from the project consultants, the income restoration plan for Tran Yen district will be laid out by the end of May 2010, complete with detailed activities, organizational requirements, timeframe, and budget. Said IRP plan will be based on a needs and opportunities assessment to be carried out with severely affected and vulnerable AHs. The IRP plan will need to be endorsed by the Provincial Income Restoration Steering Board to VEC and ADB. Once approved, funds for the district IRP’s implementation will be remitted by VEC to a special account that the District IRP Working group will open for the purpose. Based on the initial estimates of the NGO that was contracted by the TA Loan Consultants to help in the preparation of the concepts of the IRP, $164,866 is tentatively allocated for the IRP in the District.

57. Apart from the income restoration program described above, the province has issued various support to households losing 10% or more of their productive land. It should be noted that these allowances are in addition to what was in the agreed entitlement matrix.

Table V-7 Allowance for Households Losing more than 10% of their Productive Land

No. of HHs Amount (VND) Amount (US$) Subsistence Allowance Losing 10% to 50% of productive land (9,000,000/VND/HH to 12,000,000VND/ HH)

1,213 14,554,570,800 882,095.20

Allowance for change of job Losing 30% to 50% of productive land (400,000 VND/month x 3 months = 1,200,000 VND/person)

584 1,231,782,750 74,653.50

Additional Cash Allowance for Households Losing more than 30% of Productive Land (500 VND /sq.m. per affected land)

584 1,068,779,250 64,774.50

H. Relocation Arrangements

58. There are 247 male-headed and 59 female-headed AHs in the District that will lose residential land, all of 306 of which have houses on their properties and will lose entire houses. They will therefore have to relocate.

59. DCARB, LAPMU and VEC have agreed to develop Sixteen (16) relocation sites in Tran Yen district. The aggregate area of the relocation site is approximately 192,610.2 m2, to be acquired from the productive lands of 338 AHs for the purpose. The average area of each plot in the relocation site is 300 m2. The resettlement sites will have a total of 226 plots. A number of public facilities will be provided in these relocation sites, such as electric power supply system, road network with drainage system. Appendix 4 contains detailed information on the relocation sites.

60. The plots in the relocation sites are not free; the AHs will have to pay for the base cost of the plot (i.e., excluding the cost of infrastructure and development which will be borne by VEC). Therefore, with the compensation at replacement cost that they will receive for their recovered residential land, the AHs should be able to pay for the base cost of each plot in the relocation site.

61. For households who opted to self-relocate, the province will provide a lump sum amount of 25,000,000 VND per household. A total of 80 households opted to self-relocate and will receive this allowance. Miscellaneous and living cost allowance will also be

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provided to all relocating households to cover their cost during relocation and rebuilding their houses.

Table V-8 Allowance for Relocating Households

Type of Allowances No. of Eligible HHs

Amount (VND) Amount (US$)

Materials Transport Allowance Within the Province* (9,000,000/VND/HH to 12,000,000VND/ HH)

306 1,223,999,700 74,181.80

Misc/Living Expenses Allowance Losing 30% to 50% of productive land (100,000 VND/household member)

306 653,857,050 39,672.70

Households who Opted to Self-Relocate (25,000,000 VND/household)

80 2,000,000,000 121,212.10

* All households will relocate within the provinces.

Table V-9 Cash Allowances (in US$) for AHs Losing Entire Houses

Commune Misc/Living Expenses Allowance Materials Transport Allowance Total

Minh Quan 3,636.4 6,060.6 9,697.0 Bao Hung 4,509.1 6,787.9 11,297.0 Hop Minh 5,527.3 9,697.0 15,224.2 Au Lau 10,290.9 24,484.8 34,775.8 Minh Tien 3,163.6 5,333.3 8,497.0 Y Can 5,927.3 10,181.8 16,109.1 Quy Mong 6,618.2 11,636.4 18,254.5 Total 39,672.7 74,181.8 113,854.5

I. Temporary Impacts

62. To ensure that temporary impacts during construction are minimized, if not avoided entirely, the civil works contract will include the following provisions, (i) contractor to pay rent for any land required for construction work space; (ii) to the extent possible, only unused land will be used as construction work space; and (iii) temporarily used land will be restored or improved to its pre-Project condition. The contractors will submit to VEC, EPMU and DCARB the required work space specifying the duration of use. Together with the DCARB, the contractors will undertake the DMS and apply the corresponding compensation and allowances for all losses as provided in the Project entitlement matrix. VEC and DCARB will review said DMS, written agreement with AHs, and payment records to ensure compliance with the approved District REMDP.

J. Unforeseen Impacts

63. New AHs/APs that will emerge in the course of Project implementation (for example, due to changes in alignment or scope of work) will be provided the same entitlements as those of the other AHs/APs.

K. Ethnic Minorities

1 . Government and ADB Policies on Gender

64. The Government recognizes the same social position, rights and obligations of all ethnic groups within the territory of the Vietnamese State, consistent with the declarations of the National Assembly in 1946, 1959, and 1980 and the 1992 Constitution of the country. Recognizing, however, that ethnic minorities are disadvantaged vis-à-vis the majority Kinh

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population, the Government has enacted a number of policies and programs that provide for preferential support to the ethnic minorities, specifically Program 135 on hunger eradication and poverty reduction and Program 134 for remote communes with special difficulties, not to mention the establishment of the Committee for Ethnic Minorities (CEM) that is tasked to coordinate the implementation of the aforementioned programs.

2 . Strategy to Address Resettlement of Ethnic Minorities 65. To ensure that EM AHs are not marginalized during the implementation of District REMDP and receive full benefit of resettlement activities related to compensation, entitlement, and income restoration program the following have been carried out or have been adopted:.

a. Separate consultation-meetings were conducted with the EM AHs on specific

resettlement concerns, such as compensation and entitlements, rehabilitation of livelihoods and establishment of resettlement sites. All public information and consultation meetings in ethnic minority villages include local translation in minority languages to ensure that information covered in the same were understood by both men and women EM AHs. Village meetings were held to raise the EM AHs’ awareness and understanding of resettlement related issues, such as project timing, entitlements, compensation determination and payments, grievance process, support for relocation/rebuilding etc.

b. During the DMS, both men and women EM AHs participated in the measurement activities including discussions related to land acquisition and other resettlement concerns.

c. The Province Compensation, Assistance and Resettlement Board (PCARB) and District Compensation, Assistance and Resettlement Board (DCARB) included representatives from the Committee for Ethnic Minorities (CEM), while the District Committee for Assistance and Resettlement Board (DCARB) included one male and one female representative of the EM AHs.

d. Prior to the DMS, an orientation was conducted to equip the members of PCARB and DCARB, and representatives of CEM in the task they are to perform.

e. The delivery of compensation will be monitored specifically to ensure that they are paid out fully and directly to the EM AHs and that they do not suffer any discrimination.

f. Where land is allocated or use rights assigned, said land will be registered in the names of both husband and wife.

g. Needs assessments of alternative livelihood programs for EM AHs will be done in coordination with the international social development specialist, and national EM specialist and gender specialist. The present livelihood system (agriculture, livestock, poultry, fish pond, forestry, NTFP) of the EM AHs will be taken into consideration in designing new livelihood activities. For loss of fodder, planting of forage grasses will be initiated. The full involvement of EM AHs in planning any alternative livelihood program will be ensured.

h. Skill development training for livelihood activities will be conducted separately for EM AHs in their respective languages or in a language of their choice, which might include either the commonly spoken market language of Dao or Kinh.

i. Where EM AHs are required to rebuild or relocate, rehabilitation options and sites should be acceptable to them and should ensure that they are able to continue with their existing livelihood, lifestyle, housing structure, etc.

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j. Relocation of graves was discussed with the EM AHs to ensure that their transfer is in accordance with local customs and beliefs.

a. Disaggregated monitoring indicators by gender and ethnicity will be developed for better monitoring of the implementation and effectiveness of resettlement.

L. Gender Issues

1. Government and ADB Policies on Gender 66. The Government recognizes women as equal to men under the laws and constitution of Viet Nam. While Government has no specific policy to promote gender issues in the country, Vietnam Women’s Unions (VWU) generally exist at every level of the bureaucracy. 67. 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 in any development undertakings.

2. Strategy to Address Gender Issues 68. The following specific actions have been adopted to address gender issues in the Project:

a. The PCARB, DCARB, and the commune resettlement committee included representatives from CEM and the VWU. A man and a woman representative of EM groups and a representative of female-headed AHs were included in each commune resettlement committee.

b. Prior to REMDP updating, an orientation was held to enable the DMS teams to do their respective task in relation to gender issues and concerns. Women staff had likewise been assigned to the RTF teams that conducted the DMS work.

c. During the DMS, both male and female APs participated in discussions related to land acquisition and other resettlement issues.

d. In the ongoing planning of the income restoration program, female APs will be actively involved. Appropriate economic activities for women will be included in the program in order to avoid any marginalization of women’s contribution to the household economy.

e. For those who have to shift elsewhere, separate discussion with women from affected households, female-headed AHs were held to discuss and agree on the relocation site, housing structure, and other social infrastructure.

f. Compensation will be given to both men and women from the AHs.

g. Replacement land will be registered in the name of both husband and wife.

h. Disaggregated monitoring indicators by gender of the head of AHs will be developed for monitoring on capacity development training program, livelihood program, participation, and other resettlement activities

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VI. ORGANIZATIONAL FRAMEWORK

A. Vietnam Expressway Corporation

69. VEC is the Executing Agency of the Project highway. Its tasks include the preparation, updating, and implementation of the District REMDP, in addition to monitoring. VEC has the following key responsibilities:

a. Updating, securing ADB’s concurrence, and implementing the District REMDP in collaboration with the People’s Committees at various levels and the Compensation, Assistance and Resettlement Boards of the province and District;

b. Securing ADB’s concurrence for any variations in the District REMDP;

c. Securing the budget for implementing the District REMDP, ensuring that funds for resettlement (i.e., compensation and all other entitlements) are available in a timely manner and in sufficient amounts;

d. Assisting in the resolution of grievances and complaints of the AHs.

70. The Expressway Project Management Unit (EPMU) has been created specifically to oversee the planning and implementation of the Noi Bai – Lao Cai highway project. The abovementioned tasks are included in the functions of the EPMU. Technical and administrative personnel from various VEC divisions have been seconded to the EPMU.

71. The responsibilities of the EPMU include the following resettlement tasks:

a. Provide orientation, as needed, to the People’s Committees of the province, districts, and communes, the CARB and related groups regarding the Project and its Resettlement Policy, and on the specific tasks of these groups relative to the updating and implementation of the REMDP.

b. Liaise with the Province People’s Committee (PPC) to facilitate the establishment of the CARB at the provincial and district levels.

c. Together with the CARB, spearhead field activities relative to the updating and implementation of the District REMDP, including such activities as dissemination of project information and holding of consultation with AHs and other stakeholders.

d. Coordinate with the Provincial/District Land Administration Offices for the expeditious allocation of replacement land to eligible AHs.

e. Supervise and monitor the updating and implementation of the District REMDP, ensuring consistency with the approved 2007 REMDP.

f. Prepare quarterly progress reports on REMDP updating and implementation for submission to VEC and the ADB. This includes financial report on resettlement budget (i.e., amount allocated and disbursed for compensation and allowances to AHs, development of relocation sites, income restoration program, external monitoring, administrative costs, and use of contingencies)

B. Provincial People’s Committee

72. The Province People’s Committee (PPC) will be overall responsible for resettlement activities in the Province. The resettlement responsibilities of the PPC include:

a. Establish the CARB in the province and in the districts.

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b. Ensure that the unit costs used in compensating for acquired private and public assets reflect replacement cost;

c. Review the District REMDP for endorsement to VEC.

d. Provide guidance in the updating and implementation of the District REMDP.

C. Province Compensation and Resettlement Board

73. The Province Compensation and Resettlement Board (PCARB), which is headed by the Vice-Chairman of PPC, include the heads of the Finance Department; the Natural Resources and Environment Department; Transport Department; Agriculture Department; and VEC, in addition to the representatives of the provincial Farmers’ Association, Women’s Union. The PCARB was established in Yen Bai Province through People’s Committee Decision No.1299/QD-UBND dated 30/08/2007. The main responsibilities of the PCARB are the following:

a. Coordinate, supervise and manage resettlement activities with the District CARB and Commune People’s Committees;

b. Spearhead the conduct of the DMS;

c. Review the updated District REMDP for endorsement to the PPC;

d. Oversee the implementation of the District REMDP.

74. Under the PCARB, the Land acquisition Project management project Unit (LAPMU) has been established based on Yen Bai Decision No.57/QD-UBND, dated 01/01/2008, and decision No 07/ QD- SGTVT, dated 22/01/2008, issued by the Department of Transportation. The main responsibilities of the LA PMU are the following:

a. Carry out the implementation of compensation, assistance and resettlement in order to hand over the affected lands to VEC for the NBCL project;

b. Prepare detailed plan on land acquisition, assign the detailed tasks of concerned units or groups;

D. District People’s Committee (DPC)

75. The primary resettlement tasks of the DPC are the following:

a. Establish the District Steering Committee (DSC) under whose jurisdiction falls the Resettlement Task Force (RTF) that is tasked to assist the DSC and PCARB in the updating and implementation of the District REMDP, liaising with the Commune People’s Committees and relevant organizations for the purpose.

b. Review and endorse the updated District REMDP to the PPC.

E. District Steering Committee (DSC)

76. The DSC is established for the Tran Yen District Municipal People’s Committee ( Decision No 302-QD/HU dated 31/03/2008, Decision No 146- QD/UBND, dated 13/05/2008, issued by Tran Yen district and Decision No 1188- QD/UBND, dated 20/10/2008, issued by Yen Bai City). Under DSC is the Resettlement Task Force (RTF) that has been established. The members of the RTF come from government district offices, in addition to representatives of the Cadastral officer, The local police of Communes, and chief of villages. The main responsibilities of the DSC and RTF are the following:

a. Organize, plan and carry out resettlement activities in the district on behalf of the LA PMU and under the guidance of PCARB and VEC.

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b. Assist the PCARB in DMS, consultation and disclosure activities.

c. Organize the data for updating the District REMDP by the TA Loan Consultants for review and approval by the DPC.

d. Assist the Commune People’s Committee in the identification and allocation of replacement land to eligible AHs.

e. Along with the CPC, assist the PCARB in the timely delivery of compensation and other entitlements to the AHs.

f. Assist in the resolution of grievances.

F. Commune People’s Committee (CPC)

77. The responsibilities of the CPC relative to resettlement include the following:

a. Assign commune officials to assist the DSC and RTF/or PCARB in the updating and implementation of the District REMDP.

b. Identify replacement land for the AHs.

c. Sign the Agreement Compensation Forms with the AHs.

d. Assist in the resolution of grievances.

G. Consultants

1. TA Loan Consultants

78. The TA Loan Consultants will continue to assist VEC in the updating and implementation of the District REMDP, including the design and the initial implementation of the income restoration program for severely affected and vulnerable AHs until the Project Supervision consultants shall have been mobilized in the first quarter of 2010.

2. Project Supervision Consultants

79. Relative to resettlement, the responsibilities of the PSC are the same as its predecessor. The PSC will also set up a resettlement team. The PSC will ensure that there is close collaboration and coordination between the resettlement team and the group responsible for income restoration. The resettlement tasks of the PSC include the following:

a. Review and assess the capacity of relevant institutions at the central and project levels, including the training and capacity building activities provided during the TA Loan, and continue to implement necessary training and capacity-building interventions.

b. Review and assess the consultation and disclosure activities that were carried out earlier, and revise the approach in consultation and disclosure as necessary to ensure the continuing and active involvement of the AHs and all stakeholders in a transparent way.

c. Assist in the updating of replacement costs, as required, during resettlement implementation.

d. Assist district authorities in the implementation of the income restoration program; review its implementation and provide advice, as needed.

e. Assist the CARB in the implementation of the ethnic minority and gender strategies as enunciated in the District REMDP.

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f. Coordinate with the EMA, ensuring that its findings and recommendations are discussed with VEC and the CARB for appropriate action.

g. Assist VEC in the preparation of quarterly progress reports on resettlement, including the preparation of a Resettlement Completion Report. The Resettlement Completion Report includes a documentation of actual resettlement impacts, resettlement activities, and an evaluation of the implementation of the District REMDP. Said report will be based on internal and external monitoring reports, post-implementation evaluation report, and ADB Review mission Aide-Memoires and Memoranda of Understanding.

H. Indicative Implementation Schedule of the REMDP

80. Table VI-1 summarizes the various inter-related activities associated with the updating and implementation of district-level REMDPs. All resettlement activities will be in accord with the civil works schedule. Moreover, land acquisition and relocation of the AHs in the district cannot commence until this updated District REMDP has been reviewed and approved by ADB. VEC will not allow construction activities in specific sites to begin until all resettlement activities have been satisfactorily completed, agreed rehabilitation assistance is in place, and the site is free of all encumbrances.

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Table VI-1 Indicative Schedule of Resettlement Activities for Tran Yen District

Activities Schedule Notification of local population about PPC decision on land recovery, conduct of DMS, updating of unit costs of affected assets, and holding of public consultations

April – October 2008

Updating of the district REMDP March 2009 - July 2009 Planning of the income restoration program (IRP) December 2008 - May 2010 Submission and ADB concurrence of district REMDP August 2009 – May 2010 Posting of the summary of the approved district REMDP in local government offices and distribution of revised public information booklet; posting of district REMDP on ADB website

May 2010

Implementation of the IRP June 2010 – 2012 Payment of compensation for affected assets May - June 2010 Development of relocation sites July 2009 – May 2010 Shifting of AHs to relocation sites June – July 2010 Start of civil works June 2010 Internal Monitoring (with quarterly progress reports) December 2008 – 2013 External Monitoring (with quarterly and bi-annual reports) December 2008– 2013

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VII. PUBLIC PARTICIPATION AND CONSULTATION

81. Table VII-1 summarizes the roles and responsibilities of the Executing Agency, the local governments and the AHs in the preparation, updating and implementation of the District REMDP.

82. Key information on the updated Tran Yen District REMDP has been disclosed to the AHs through the holding of initial disclosure meeting in order to present the results of the DMS and to discuss resettlement options. (See Appendix 8 for the record of public meetings held). A public information booklet (PIB) in the local language has been distributed to the AHs in August 2007. The PIB includes the following information: (i) a brief background of the Project, specifically the civil works to be undertaken in the district and the adverse social impacts; (ii) DMS results, with a statement that detailed information is available at the commune office; (iii) basis used for asset valuation, stating also that detailed information is available at the commune office; (iv) the entitlements due to the AHs; (v) timing of payments and the schedule of displacement; (vi) grievance redress mechanism; and (vii) contact persons at VEC and the local authorities. (See Appendix 9 for a copy of the PIB).

83. The posting in provincial, district and commune offices of the draft summary Tran Yen District REMDP, and the uploading on the ADB website of the draft updated Tran Yen District REMDP will be done in May 2010. Once concurrence of the draft updated Tran Yen District REMDP is obtained from ADB, the final updated Tran Yen District REMDP will again be disclosed to the AHs through the distribution of an amended PIB, as needed, and the posting of the revised updated Tran Yen District summary REMDP in local government offices, along with its uploading on the ADB website. Per internal monitoring activities of the Expressway Project Management Unit (EPMU) of the VEC, social monitoring reports will be made available to the AHs and will be submitted to ADB for web posting.

Table VII-1 Roles and Responsibilities of Key Stakeholders in the REMDP Project Process

Stage Participatory Activities and Participants

(active participation of affected households throughout the process)

Responsible Institution

Number of Participants

Time Frame

Preparation Feasibility/ Preliminary

Briefing of the provincial, district/city, and commune officials, and stakeholders

Technical Design

MOT, VEC, Consultants

11

April-June 2007

Distribution of project brochure (project information, resettlement policy, schedule)

Consultants, CPC

400+ April-June 2007

Formation of the IOL survey teams VEC, CPC, Consultants,

400+

April-June 2007

Consultation meetings with commune and village officials and households in the 23 communes

VEC, Consultants, CPC

500+ commune and village officials* and households

April-June 2007

Conduct of IOL, census of APs, socio-economic survey; perceptions of the project, and concerns as to impacts and mitigation measures, options on compensation

IOL Survey Teams, CPC

5,548 April-June 2007

Small group meeting with affected households to discuss the results of the IOL; discuss the salient points of the Project Resettlement Policy; and talk about resettlement options; income restoration programs.

VEC, CARBs, Consultants

1500+ April-June 2007

Drafting of the REMDP and its submission to MOT and ADB for review and concurrence

VEC, Consultants

n/a July/Aug 2007

Distribution of the PIB to affected households and placing of REMDP at the provincial, district and commune Offices.

VEC, CARBs

affected households

Prior to Appraisal (August 2007)

Uploading of full draft REMDP on ADB Website

ADB n/a Prior to Appraisal (August 2007)

Updating and Implementation

Conduct of consultation, DMS, review and updating of unit costs for calculating replacement of affected assets Finalization of

PPC, CARBs, Consultants

affected households

April – October 2008

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Project Process Stage

Participatory Activities and Participants (active participation of affected

households throughout the process)

Responsible Institution

Number of Participants

Time Frame

Technical Updating of District REMDP Design

CARBs, Consultants, LA-PPMU

March - October 2009

Posting in public the compensation and support plan in commune and villages, which covers all project’s entitlements to APs

LA-PPMU, CARBs

September 2009

Distribution of the Updated PIB to affected households and placing of Draft Updated REMDP at the District and Commune Offices.

VEC, CARBs

affected households

November 2009

Submission of updated District REMDP to VEC and ADB for concurrence

VEC, Consultants

August 2009 – May 2010

Uploading of full draft and final updated District REMDP on ADB Website

May 2010

Disbursement of Payment to the affected households

CARBs, LA PPMU

May – June 2010

Implementation of income restoration program

CARBs with CPC

June 2010 – 2012

Reorganization and shifting of the affected households

CARBs with CPC

June – July 2010

Post- Implementation

Post-implementation evaluation of Resettlement

External monitor Agency (EMA)

6-12 months following completion of REMDP implementation

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VIII. GRIEVANCE REDRESS

84. Grievances related to any aspect of the highway Project will be handled through negotiation aimed at achieving consensus. Complaints will pass through 3 stages before they could be elevated to a court of law as a last resort. The VEC will shoulder all administrative and legal fees that might be incurred in the resolution of grievances and complaints.

A. First Stage, Commune People’s Committee

85. An aggrieved AH 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 AH 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.

B Second Stage, District People’s Committee

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

C. Third Stage, Provincial People’s Committee

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

D. Final Stage, the Court of Law Arbitrates

88. If after 15 days following the lodging of the complaint with the PPC the aggrieved AH does not hear from the Provincial CARB, or if he/she is not satisfied with the decision taken on his/her complaint, the case may be brought to a court of law for adjudication. Under no circumstance will the AH be evicted from his/her property or for the Government to take over his/her property without the explicit permission of the court.

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IX. MONITORING AND EVALUATION

89. The implementation of the updated District REMDP will be monitored regularly to help ensure that it is implemented as planned and that mitigating measures designed to address the Project’s adverse social impacts are adequate and effective. Towards this end, resettlement monitoring will be done by an internal body and by an external organization.

A. Internal Monitoring

90. The EPMU of VEC will serve as the Project’s internal monitoring body. As such, the EPMU will maintain a file of all data gathered in the field, including a data base on the affected households. The EPMU will submit quarterly monitoring report to the VEC starting from the commencement of REMDP updating, which coincides with the conduct of the detailed measurement survey. The VEC in turn will include updates on resettlement in its regular Project reports to MOT and ADB. Social monitoring reports will be made available to the AHs and will be submitted to ADB for web posting.

91. 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 REMDP, 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 REMDP, ensuring that all entitlements are delivered as planned and agreed, including compensation in cash or in kind, allowances, replacement land, resettlement sites developed and relocating AHs having shifted thereat;

c. Income restoration programs designed and carried out, including modifications in the programs, as and when necessary;

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

e. Affected public facilities and infrastructure are restored promptly; and

f. The transition between resettlement and commencement of civil works is smooth and that sites are not handed over for civil works until the AHs have been satisfactorily compensated and resettled.

B. External Monitoring

92. The general objective of the external monitor is to provide an independent periodic review and assessment of (i) the progress of resettlement; (ii) changes in living standards and livelihoods of the AHs; (iii) restoration of the economic and social base of the AHs; (iv) effectiveness, impact and sustainability of entitlements including the income restoration program; and (v) the need for additional mitigation measures. Lessons for future policy formulation and planning will also be drawn from the monitoring and evaluation of resettlement. The TOR of the External Monitoring Agency is provided in Appendix 10.

93. The external monitoring agency (EMA) has been mobilized by VEC in December 2008. The EMA has submitted to VEC in January 2009 an inception report. . The EMA will likewise submit quarterly and semi-annual reports on the progress of REMDP updating and implementation for all the districts and will make recommendations as needed. VEC will provide a copy of these monitoring reports to ADB. The EMA is also tasked to conduct a post-resettlement implementation evaluation 6 to 12 months following completion of

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resettlement activities for the entire project highway. Copies of all external monitoring reports will be made available to the AHs by placing copies of the reports in commune and field offices and will be uploaded on ADB website.

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X. COSTS AND BUDGET

94. Funds for the implementation of the District REMDP are part of the overall Project budget. Costs are based on the results of the DMS and on prevailing rates as of September 2008 per results of the replacement cost study (RCS) conducted by the TA Loan Consultants.

A. Procedures for Flow of Funds

95. VEC will secure funds to implement the REMDP. Funds for compensation and other entitlements will be forwarded to the Province Compensation, Assistance, and Resettlement Board (PCARB), through the Province People’s Committee (PPC). As per agreed disbursement schedule, the PCARB, assisted by the DCARB and commune officials, will deliver the compensation and other entitlements to the AHs. Payment of compensation and other entitlements, except for land-for-land arrangements, will be in cash and will be given at the Commune Office.

96. The AHs will be notified through the village chiefs two weeks in advance of the schedule of payment of compensation and other entitlements. The AHs will be advised to bring with them identification documents (such as LURC, ID, civil registration certificates, DMS record, Agreement Compensation Form, etc.) when claiming their compensation and other entitlements. If the AH is unavailable on the scheduled date of payment, he/she will inform local authorities as soon as possible with a written authorization for a representative to claim the same on his/her behalf. Alternatively, said AH may request the CARB to reschedule a later date for him/her to claim payment.

B. Cost Estimates and Inflation Adjustment

97. VEC, in consultation with the MOT and the Ministry of Finance, will determine the annual inflation rate and will ensure that adjustments are made in compensation rates and other cash entitlements to reflect current market rates.

C. Implementation, Administration and Contingency Costs

98. Implementation costs include cost to carry out consultation and disclosure activities, payment of allowances and per diem of concerned personnel involved in the updating and implementation of the District REMDP, particularly officials and staff of PCARB and DCARB, and the CPC, in addition to the village chiefs. Administrative and contingency costs represent 2 % and 15%, respectively, of the total costs of compensation and other entitlements. MOF will ensure that adequate funds are made available as and when necessary for the efficient and timely implementation of resettlement.

D. Estimated Costs of Resettlement

99. The estimated cost of resettlement for the Tran Yen District is US $ 13,616,346. Table X-1 gives a breakdown of this amount. The resettlement cost has been calculated based on the results of the DMS, the RCS, and relocation site planning and consultations/disclosure meetings with the AHs. Funds for the EMA have been included in the overall Project costs. Moreover, the cost of consultation and training/capacity building interventions for the EPMU, CARBs and CPC are incorporated in the consulting services budget.

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Table X-1 Summary of Resettlement Costs

Items Unit of measure Rate ($/unit) Quantity Amount (US$)

Replacement cost of Land 2,850,079.7 3,911,770.2

Annual crop land m2 1.21 - 1.51 USD/m2

1,269,370.3 1,734,695.3

Perennial tree land m2 1.09

USD/m2 743,049.7 829,916.3

Aquaculture Land m2 1.51

USD/m2 115,134.5 176,211.5

Forest/woodland m2 0.48 USD/m2 578,991.8 312,846.5

Residential m2 1.51 - 78.78 USD/m2 103,209.4 715,352.5

Other agriculture land m2 0.96 - 1.51

USD/m2 40,324.0 142,748.1

Main structures (Houses) 24,173.6 1,429,343.8 Grade 4 (brick wall, wooden frame with titled roof) m2 Variable

across provinces

(from $1.51 to $181.81)

2,557.2 317,366.1

Grade 5 ( bamboo and wooden frame with palm roof) m2 21,616.4 1,111,977.8

Secondary structure 633,161.6 Kitchen m2

Variable across

provinces (from $1.51 to $181.81)

3,720.3 116,310.4 Toilet m2 435.1 40,634.1 Animal Shed m2 4,793.6 50,058.2 Fence m2 52.9 2,014.3

Multi Purpose concrete pavement

m2 3,639.5 16,309.1

Well no. 302 14,884.5 Cistern no. 274 57,220.9 Grave no. 157 26,596.7 Other - 309,133.4 Crop and Trees 1,201,665.1

Annual Crop Products m2 0.09 - 0.90 USD/m2

1,269,370.3 125,977.2

Perennial tree Tree 0.36 - 72.7 USD/tree 10,384 544,326.5

Timber trees Tree 0.30 - 6.06 USD/Tree 182,168 531,361.4

Sub-total 1 7,175,940.8 Allowances: 1,256,589.9

1

Subsistence allowance for Households Losing between 10% to 50%

Household $545 - $727 / HH 1,213 882,095.2

2 Assistance for change of job Household

24.24 USD/Membe

r AH/3 Months

584 74,653.5

3

Transportation Allowance (within the province

Household 242.42 USD/HH 306 74,181.8

4

Misc/Living Allowance for relocating Households

Household 6$/Person AH 306 39,672.7

5 Addition allowance for the AH lose more

Household 303.03

USD/ha of affected

584 64,774.5

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than 30% of productive land

productive land

6 Allowance for the Households who Opted for Self-Relocation

Household 1,515.15 USD/HH 80 121,212.1

Vulnerable Group 256,727.3

Households headed by women

HH 727.27 USD/HH 34 24,727.3

Household head with disability (all males)

HH 727.27 USD/HH 2 1,454.5

Household below the poverty line

HH 727.27 USD/HH 37 26,909.1

Ethnic minority Household HH 727.27

USD/HH 122 88,727.3

Elderly household heads

HH 727.27 USD/HH 158 114,909.1

Income restoration program Lump sum 164,866.0 Construction cost for relocation site Lump sum 2,783,779.4

Sub-total 2 4,461,962.6 TOTAL DIRECT COST 11,637,903.3

Management expenditure ( 2% Direct cost) 232,758.1 231,462.6

Contingencies ( 15% of Direct cost) 1,745,685.5 1,735,969.3

GRAND TOTAL RESETTLEMENT COST 13,616,346.9