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Resettlement Monitoring Report Quarterly Report June 2013 Viet Nam: Thanh Hoa City Comprehensive Socioeconomic Development Prepared by the Institute of Sociology for the Provincial People’s Committee of Thanh Hoa Province and the Asian Development Bank.

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Page 1: Resettlement Monitoring Report€¦ · Resettlement Monitoring Report Quarterly Report June 2013 Viet Nam: Thanh Hoa City Comprehensive Socioeconomic Development Prepared by the Institute

Resettlement Monitoring Report

Quarterly Report June 2013

Viet Nam: Thanh Hoa City Comprehensive

Socioeconomic Development

Prepared by the Institute of Sociology for the Provincial People’s Committee of Thanh Hoa

Province and the Asian Development Bank.

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REPORT ON EXTERNAL

RESETTLEMENT MONITORING

(The Fifth Mission)

THANH HOA CITY COMPREHENSIVE

SOCIOECONOMIC DEVELOPMENT PROJECT

June

2013

Institute of Sociology Vietnam Academy of Social Sciences

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Hanoi, .... September, 2013

TO: PROJECT MANAGEMENT UNIT OF THE THANH HOA CITY

COMPREHENSIVE SOCIOECONOMIC DEVELOPMENT PROJECT

OFFICE OF THE ASIAN DEVELOPMENT BANK IN HANOI

Institute of Sociology (IOS) – Vietnam Academy of Social Sciences implemented the Fifth Mission on the compensation, site clearence and ressettlement of the CSEDP. It was carried out in September, 2013. This is a Final Monitoring in accordance with the signed contract between PMU and IOS.

IOS would like to submit the The Fifth Mission Report. The solving of the outstanding problems, complaints and recommendations of The Fourth Mission (EMA 4) will be presented in The Fifth Mission (EMA 5). This report also will point out the key findings, remaining problems of the resettlement plan and the project's safeguard policies on The Fifth Mission.

The status and solutions of the complaints and petitions resolution of APs and Peoples’ Committee of communes/wards in the Project area also are presented by the report.

The report also states the revisions regarding the compliance with the principles and policies of the resettlement plan as well as the implementation of entitlement Matrix of affected communities/people. The comments and recommendations of the Consultant that improve the activities of coordination and complying with the regulations in order to make the implementation of the resettlement better on the final period. Based on that, resolve thoroughly the outstanding issues of land acquisition & resettlement, minimize the Project’s impacts and stabilize the livelihood and sustainable development of the Ahs and communities located in the Project areas

We kindly request the Project Management Unit of the Thanh Hoa city Comprehensive Socioeconomic Development project (CSEDP) and the Office of the Asian Development Bank in Hanoi to review and have comments on the report.

Yours sincerely,

Vu Manh Loi, Vice Director

Institute of Sociology

1 Lieu Giai, Ba Dinh, Hanoi, Vietnam

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Contents

SUMMARY .............................................................................................................................6

I. INTRODUCTION ..............................................................................................................9

1.1. Introduction to the project ..........................................................................................9

1.2. Description of four Components having site clearance and resettlement ..............9

1.3. Impacts on land acquisition and resettlement of the Project ...............................10

1.3.1. Impacts on lands ....................................................................................................11

1.3.2. Impacts on Houses. ................................................................................................11

1.3.3. Impacts on other architecture types. .....................................................................12

1.3.4. Impacts on trees and crops ....................................................................................12

1.3.5. Impacts on Business ..............................................................................................13

1.3.6. Impacts on Institutions and Public Works .............................................................14

1.4. Tasks of independent monitoring agency ................................................................14

1.5. External Monitoring Methodology ..........................................................................16

1.5.1. Documents review and checking records ..............................................................16

1.5.2. Interview directly APs and Community consultation ...........................................17

II. RESULT OF THE SOLVING OUTSTANDING PROBLEMS,

RECOMMENDATIONS OF THE EMA 4........................................................................17

2.1. Compensation .............................................................................................................17

2.2. Solutions to outstanding problems and other petitions ..........................................18

2.3. Impacts on construction. ...........................................................................................19

III. SOME SPECIFIC RESULTS OF THE EMA 4 (EMA 4) .........................................20

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3.1. Consultation community and information dissemination .....................................20

3.2. Inventory and Price fixing. .......................................................................................22

3.3. Compensation paying. ...............................................................................................22

3.4. Site Clearance and Resettlement .............................................................................24

3.5. Support Policies and Income Restoration ...............................................................28

3.6. Petition and petition settlement ................................................................................29

3.7. Gender and Ethnic minorities ..................................................................................29

3.8 Impacts on construction. ...........................................................................................30

3.9. The satisfaction of the AHs about the compensation, site clearance and

resettlement of the Project. ..............................................................................................31

3.9.1. Community consultation and information dissemination .....................................31

3.9.2. Inventory/Price fixing, Compensation and Resettlement ......................................31

3.9.3. Policies for income support and restoration ..........................................................31

3.10. About CSEDP and Thanh Hoa Compensation and Site Clearence Commitee .31

IV. CONCLUSIONS AND RECOMMENDATIONS .....................................................33

APPENDIX 1: SUMMARY OF HHs’ COMPLAINTS/PETITIONS IN EMA 5 ..........36

APPENDIX 2: RESULTS OF THE EMA 4 ON SOLVING THE PETITIONS ..........41

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ABBREVIATIONS

ADB Asian Development Bank

AP Affected person

AH Affected household

CSEDP The Thanh Hoa city Comprehensive Socioeconomic Development Project

DMS Detailed measurement survey

EMA External Monitoring Agency

GOV Government of Vietnam

RAP Resettlement Action Plan

PPC Peoples’ Committee (Provincial/City/Commune)

PPMU Provincial Project Management Unit

SES Socioeconomic Survey

CSCC Compensation and Site Clearance Committee

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SUMMARY

The CSEDP to invest in the development of the basic infrastructure services for Thanh

Hoa city, which comprises 05 Components: (1) urban road development; (2) water supply upgrading and expansion; (3) drainage and wastewater treatment improvement;

(4) human resource development, including the upgrading of vocational schools and development of training curriculum; and (5) tourism development.

The External Resettlement Monitoring Report - The Fifth Mission (EMA5) presents the compensation, site clearance and resettlement of CSEDP. The report provide an

independent periodic review and assessment of (i) The compliance of compensation and resettlement implementation with the approved RP; (ii) achievement of resettlement

objectives; (iii) changes in living standards and livelihoods; (iv) restoration and/or improvement of the economic and social base of the affected people; (v) effectiveness

and sustainability of entitlements; and (vi) the need for further mitigation measures

The community consultation and information dissemination are fully carrying out at all

levels with various forms such as consultation meetings, using public address system, posting update RP at the community headquarters and distributing booklets.

The process of information dissemination, community consultation have been strictly

undertaken at all 17 communes/wards including not land acquisition locations and site

clearance. The CSEDP coordinating with the City CSCC, People’s Committees of communes/wards organized many meetings and direct dialogue with HHs, who had

complaints to resolve these complaints/petitions

The information on resettlement problem, land prices, completed process of resettlement

infrastructure areas, priority-support policies of the City for each project and recent program as income restoration are quickly published/ disseminated to AHs and

communities.

The resolving complaints/petitions of EMA 4: By the time of EMA 5 (dated 4/9/2013),

70 Decisions were approved by PPC to compensate for CSEDP before dated 4/6/2013 (EMA 4). Local authorities has paid for 98.4% of approved money out of 1628 HHs,

accounted 97.6% of approved HHs. Many remaining complaints from the EMA 4 have been resolved with highly effective. However, the impacts on construction have yet to

resolve fully.

At the time of EMA5, the inventory process have basically completed all of communes

located have the site clearance. The inventory team have enough members following the Project’s provisions. The process of additional inventory and support lacked assets have

undertaken well in order to contribute resolving the comments/petitions. At the present,

some lands and assets of 07 AHs at Dong Cuong of the component 4 have not yet inventoried and compensated additionally

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The price fixing in accordance with PPC’s Decisions has applied to count the compensation for affected types

The compensation paying has complied with provisions. From EMA 4 (04/06/2013) to EMA 5 (04/092013) paid for 10 approved Decisions. The CSCC paid completely

compensation for 5/10 approved Decisions. Result as 98 % of money was paid and 92.2% (83/90 HHs) of HHs were received.

Totally, at the time of EMA 5 (04/9/2013), 80 Decisions were approved with the number of money as 384,405,963 VND. Of which 378,306,480 VND paid (including

fees for CSCC) accounted 98.4%. The number of HHs who were approved the

compensation as 1.758 HHs and 1.711 HHs were received compensation, accounted

97.3%.

At the point of dated 04/9/2013 (EMA 5), All of 04 Components were cleared the sites.

The packages are enough conditions to construct .

From EMA 4 to EMA 5, the resettlement has been implemented effective with the

participation of the functional departments, local government and political institutions. All 255 compulsorily resettled households on 7 communes/wards have already received

compensation for land transfer. Most of the resettlement households have received land

allocation decisions and land in the resettlement areas. However, some households

received resettlement land quite more slowly compared with the time their land was handed over for the project. Approximately 60% of resettlement households are building

their house for stable lives. Some households have received the Red Book (land use right certification) after fully paying for the land

There are 03 outstanding problems and receiving many comments/petitions from resettled HHs as: (i) Infrastructure at resettlement sites must be completed quickly.

There are only 50% of resettlement sites having full electricity, water; (ii) HHs who have fully paid for purchasing land also should deliver over Use land Right to them as

soon as possible (iii) Build a additional supportive plans for housing and workshop rent for households which have not been allocated land in time (slower than the time they handed their ground); and recommending solutions to support AHs to do their business

The Project is being implemented land acquisition to construct infrastructure of resettlement sites for 05 collective organizations by refunded method. The public works

of the localities such as the interior canals, rural roads, electricity cords, etc. which have been affected by the implementation of the project can be remade after the Project

completes. However, all the temporary impacts on production and life (while they have not been remade) must be compensated

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The project has strictly followed subsidizing policies as stated in the RP, and the support

levels are assessed low by community. Thanh Hoa city/province has special support

policies for resettlement HHs of the Project to speed up resettlement progress as well as secure on livelihood for HHs at least as before.

The income restoration program begins to be implemented following the Decision No. 2872/QĐ- UBND dated August 14th 2013 of Thanh Hoa Provincial People's Committee.

The income restoration program (though being deployed slowly) have turned to the right beneficiaries under provisions of Vietnam and ADB.

The petitioning process has relatively followed regulated steps. All written petitions

have been addressed in written forms or witnessed dialogues between responsible

agencies and local HHs.

Gender issues have not been properly cared. There is not yet any form of information

dissemination or assistance exclusively for the group of families headed by women or single mothers in the proces of solving complaints and petitions.

Participation by women or women’s associations at all levels in the entire process of executing the project has not yet shown efficiency. They have not yet upheld the

women’s role in supervising, examining petitions and petition settlement.

The income restoration program of the project has targeted the single women group;

nevertheless, there should be special policy priorities for seriously affected households with many women laborers.

Construction was effected to the communal daily life and production. Most of these impacts on construction have been having since EMA1 to now, even tend to increase

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I. INTRODUCTION

1.1. Introduction to the project

The CSEDP uses the 117.9 USD-million loan from the ADB and the Export-Import Bank

of Korea to invest in the development of the basic infrastructure services for Thanh Hoa city, which comprises: (1) urban road development; (2) water supply upgrading and

expansion; (3) drainage and wastewater treatment improvement; (4) human resource development, including the upgrading of vocational schools and development of training

curriculum; and (5) tourism development.

This is a mutli-sectoral project with the purpose of giving priority to all-round investment,

creating an urban environment with sustainable development, elevating the role of the central urban area of Thanh Hoa City in the whole province and in the northern central

region and making Thanh Hoa a grade-1 city by 2015. The project will be put into practice in 17 communes and wards of Thanh Hoa, and will be carried out in two stages.

Site clearance and Resettlement of four Components are implementing at EMA 5 (the Project). There is no site clearance in Component 2. The impacts on land acquisition and

resettlement will mention four Components as 1,3,4,5 below.

1.2. Description of four Components having site clearance and resettlement

Component 1 - Urban Road Development: An improved urban road network

approximately 9 km and urban basic services (water supply and drainage, transportation, power, etc.) to link peri-urban villages with the city center along with complementary basic

urban services;

Component 3 - Drainage and Wastewater Treatment: (i) Construction 9.7km of the

interceptor (staring from Dong Tho ward, crossing Truong Thi, Lam Son, Dong Ve wards

and ending at Quang Thinh commune) to collect the sewage in core area to WWTP for

treatment; Construction of secondary and tertiary sewage system in core area; improvement of 2 ponds (In Dien Bien and Phu Son Wards) with the function of rainwater regulation; (ii)

Construction of 01 WWTP for City’s hospital in Truong Thi ward and 01 WWTP for hospital of Endocrinology in Dong Ve ward; (iii) Construction of wastewater treatment

pond in QuangThinh Commune.

Component 4 - Human Resource Development: Improved human resources and skills

through the upgrading of vocational training centers and capacity building for teachers in the local school and vocational training centers; and

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Component 5 - Tourism Development: This component includes the main task as the

following: (i) Construction of Conference Center, construction of pedestrian path around

Botanical Garden and necessary infrastructures in Ham Rong ward in order to make favorable conditions for economic and tourism development in the area, (ii) construction of

pedestrian path around Mat Son Mountain to facilitate the economic and tourism development in region

1.3. Impacts on land acquisition and resettlement of the Project

The describles about site clearance activities of 04components under the captioned project,

there are 1,484 HHs (including 6,330 persons) to be permanently affected by the project, of

which (i) 255 HHs requiring resettlement; (ii) 984 HHs affected by loss of agricultural land; (iii) 52 HHs affected business; and (iv) 245 Vulnerable, disadvantaged HHs including poor

HHs according to MOLISA standard, war invalids or fallen soldiers HHs, single mum/woman HHs, disability HHs, elderly HHs… See more Table 1.1

Table 1.1: Project’s Impacts on the types of AHs – classified by communes/wards

Work Items Commune/ward

Total

affected

households

In which

Resettlem

ent HH

No. of

HHs with

Affected

Agricultu

ral Land

Business

HH

Vulnerable/

disadvantage

d HH

Component 1

Belt road Tân Sơn 27 9 18 10 3

Belt road Đông Hưng 16 16 2

Belt road Quảng Thắng 230 23 194 6 20

Belt road Đông Vệ 220 196 65

Belt road Quảng Thành 236 42 159 4 26

Belt road Quảng Hưng 48 8 10 9

Total of the C. 1 777 82 593 20 125

Component 3

Wastewater Treatment plant

Quảng Thịnh 200 - 191

- 50

Interceptor Sewer Đông Vệ, Quảng Thịnh

75 - 10 - 9

Detention Pond 1 Điện Biên 141 118 - 31 17

Detention Pond 2 Phú Sơn 29 21 24 - 6

Total of the C.3 445 139 225 31 82

Component 4

Extending the job-training school

Đông Cương 126 - 126 - 20

Component 5

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Ham Rong Conference Center

Hàm Rồng 95 34 40 1 18

Stroll around the Ham Rong botanical garden

Phường Hàm Rồng 22 - - - 0

Stroll around the Mat Son Mountain

Đông Vệ 19 - - - 0

Total of the C. 5 136 34 40 1 18

Total of the Project (4 Components) 1,484 255 984 52 245

(Source:DMS)

1.3.1. Impacts on lands

The Project will permanently acquire 922.736m2 of legal/legalizable land which consists of 648.688m2 is managed by HHs (70%) and 274.048 of public/collective land accounted for

30%.

A total of 590.599 m2 of cultivating land that is being used was acquired (accounted 64% of

total of acquired land area), 27.476 m2 of residential land (accounted 3%), and 30.613 m2 of pond/lake (accounted 3,3%)

Table 1.2. Impacts on acquired land – classified by land typies (m2)

HH’s Acquired Area Public Land

(organization, road, irrigation,

pond/lake

Total

Acquired Area Residential

land Productive

land Pond

/lake

Total

Component 1 19.015 311.635 30.613 361.263 73.213 434.476

Component 3 1.087 197.693 - 198.780 181.695 380.475

Component 4 50.384 50.384 1.167 51.551

Component 5 7.374 30.887 - 38.261 17.973 56.234

TOTAL 27.476 590.599 30.613 648.688 274.048 922.736

3% 64% 3.3% 70% 30% 100%

(Source:DMS)

1.3.2. Impacts on Houses.

A total of 288 HHs were affected their houses due to land acquisition, of which 255 HHs must relocate and resettle and 33 HHs do not have to move. They can build their houses on

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the remaining land or they temporarily affected by the construction on agricultural land

(farm land/hovel). See more Table 1.3

Table 1.3. Summary of Impacts on Houses

No. of HHs with their AHs Of which

Relocated HHs No. of AHs without relocation

Componet 1 84 82 15

Componet 3 170 139 31

Componet 5 34 34

TOTAL 288 255 33

(Source:DMS)

Especially, there were 118 HHs staying on the state-owned houses in the Component 3 of the Project. The Project had special supported policies for these HHs in order to keep their

stable life (See more detail in the next section). There are 80 eligible HHs will purchase resettlement land with different supported prices of from the Project: 175 million or 87.5

million, depending on HHs

1.3.3. Impacts on other architecture types.

The DMS iterated impacts of other architecture types such as toilet, kitchen, wells, fence and graves. A summary of affected structures is presented in the Table 1.4 below

Table 1.4. Summary of Impacts on other Architecture type

Component

Toilet Kitchen Bath

room

Well Animal

stall

Pavement Fence Grave Culvert

Psc m2 Psc Psc m2 m2 m2 Psc m

Component 1 61 329 61 53 910 7369 11.682 132 4.592

Component 3 18 223 18 5 310 480 1.303 25 2.471

Component 4

Component 5 27 174 26 12 118 38 2.187 151 2.552

TOTAL 106 726 105 70 1338 7887 15.172 308 9.615

(Source: DMS)

1.3.4. Impacts on trees and crops

The project also affects fruit trees (mango, orange, longan, durian), timbers (bamboo) and

crops of local people. A summary of the impacts on trees and crops is set out in the Table 1.5 below

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Table 1.5: Impacts on Trees/Crops Produce

Component Cat. 1 Cat. 2 Cat. 3 Cat. 4 Cat. 5 Paddy/Vege

table Tree m

2

Component 1 10.096 5.443 14.917 46 56 311.634

Component 3 233 183 7 2.607 300 207.323

Component 4 10 15 20 - - 50.383

Component 5 5.918 5.603 76 5.026 24.359 4.893

TOTAL 16.257 11.244 15.020 7.679 24.715 574.233

(Source: DMS)

Category 1: mango, coconut, milk fruit, longan, durian, sour sop, mangosteen

Category 2: orange, lemon, guava, pomelo, apple, custard apple, plum

Category 3: banana, dragon fruit, pineapple, sugar cane

Category 4: ornamental plants

Category 5: fuel wood trees, bamboo

1.3.5. Impacts on Business

There are 52 business HHs are permanently impacted by land acquisition and have to

relocate their business location, of which, 20 HHs are doing services. 32 HHs are doing retail business. Of 52 business HHs, 18 HHs have business registration and 34 HHs have

non-registered because they are a small and single operator type business. Most of affected businesses are in Quang Thanh, Quang Thang, Dong Hung, Tan Son (Component 1), Dien

Bien ward (Component 3) and Ham Rong ward (Component 5).

A total of 83 employees are affected their work – none of them has labour contracts. A

summary of these affected businesses is presented in the Table 1.6 below.

Table 1.6. Summary of affected businesses

Total

Business Activity Registration status Employees

Service Retail Other Registered

None No of

Labours

with

contract

No of

Labours

without

Contract

Component 1 20 8 12 20 27

Component 3 31 11 20 - 18 13 - 55

Component 4

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Component 5 1 1 - - - 1 - 1

TOTAL 52 20 32 18 34 83

(Souce: DMS)

1.3.6. Impacts on Institutions and Public Works

There are 35 public/collective institutions affected by the Project, of which 12 agencies or institutions are impacted on housing and architecture types, 23 institutions acquired land.

Affected public assets were recorded during the DMS - the results are presented in the Table 1.7. Total state-owned houses of 5.638m2 was acquired, of which 8.660 m2. There 124

power poles must move out and there 11,363m of concrete canal and 170m of water

pipeline are also affected .

Table 1.7. Affected Public Assets

No. of

affected

housing

Area of

affected

housing

Area of

affected

construction

land

Power

Pole

(Psc)

Electricity

Line

(m

Concrete

Canal

(m)

Water

Pipeline

(m)

Component 1 95 10.966

Component 3 9 5.638 8.660 12 250 265 170

Component 4 12 62

Component 5 5 50 70

T NG CỘNG 9 5.638 8.660 124 300 11.363 170

(Source: DMS)

The cultural structures such as temples, shrines, historical buildings and cultural heritage,

natural landscapes are not affected by the Project

1.4. Tasks of independent monitoring agency

(i) Compensation: The full compensation, support and resettlement to the impacted HHs prior to acquisitions at replacing price at the time of compensation and provisions

that have been specified in the approved RP;

(ii) Coordination of the resettlement activities with the construction schedule: The land

acquisition and resettlement activities must be completed before awarding any civil work contracts;

(iii) Availability of favorable conditions for APs in accessing the socioeconomic rehabilitation programs and project policies;

(iv) Public consultation and awareness meetings must be equipped to fully consulted with APs, to ensure that the APs clearly aware of the project objectives and policies as

well as the social benefits and their interests then help to recognize the selection trends of APs as compared to those recommended in the RP;

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(v) Monitor the rehabilitation of production activities: The APs should be regularly

monitored to ensure that they are satisfied with the rehabilitation programs;

(vi) Effectiveness, impact and sustainability of entitlements and income restoration programs and the need for further improvement and mitigation measures;

(vii) Relocation site development (housing and market) from the sites identified through consultation meetings with APs. The land use right and issuance of land use

certificates;

(viii) Capacity of affected HHs to restore/re-establish livelihoods and living standards.

Special attention will be given to severely affected HHs and vulnerable HHs focusing

on achieving project objectives of improving socio-economic status of the vulnerable

HHs;

(ix) Resettlement impacts caused by construction activities;

(x) Participation of APs in RP updating and implementation;

(xi) The satisfactory of APs towards various aspects of the RP;

(xii) Trends and changes in APs living standard: This will be followed and surveyed with special cares on gender issues. Any potential issues during the implementation of the

lively-hood restoration programs shall also be reflected;

(xiii) Monitor the grievance redness and the satisfaction of the APs on the grievance

redness;

(xiv) Mornotor the issues of gender and ethnic monority in the resettlement

implementation.

With regard to the use of ADB funds for land acquisition and resettlement, Consulting firm

will monitor and report the following:

(i) Channeling of funds (transparently, efficiently and effectively);

(ii) Compliance to use of the funds through Second Generation Imprest Accounts (SGIA) of the Resettlement Committee (RC1) for compensation payment to the APs.

(iii) Proper documentation on liquidation of any amount paid from any SGIA for land or other assets, comprising: (a) the results of the detailed measurement survey (DMS) as compared to the payment of the AP, with their agreement on the assets to be

acquired; (b) receipt of payment is acknowledged by the AP.

1 This project will establish 02 RC and SGIAs at city and district levels including: (i) The RC of Thanh Hoa City which

will be responsible for the land clearance, compensation and resettlement in the city administrative area; and (ii) the RC of Quang Xuong district will be responsible for the clearance and compensation of 20,0 ha land for the waste water treatment in Quang Thinh commune, Quang Xuong district.

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1.5. External Monitoring Methodology

1.5.1. Documents review and checking records

The documents, reports relating to the compensation, site clearence and resettlement of which collected from the CSEDP and City Compensation and Site Clearance Committee.

They were evaluated and compared with the results of sample survey:

Decree No. 594/BQLDA-TC dated 19/8/2013 of CSEDP sent to CCSC: Undertaking the

contents of memorandum about site clearance of CSEDP

Decision 2872/QĐ-UBND dated 14/08/2013 of Thanh Hoa PPC about approving

income restoration program of the Project: Thanh Hoa City Comprehensive Socioeconomic Development Project, Thanh Hoa province

Decree No. 574/BQLDA-TC dated 6/8/2013 of CSEDP sent to Thanh Hoa PPC about resolving the remaining problem on the site clearance of CSEDP

Decree No.487/BQLDA-TC dated 14/6/2013 of CSEDP sent to Thanh Hoa PPC about reporting some remaining problem on the site clearance of CSEDP

Decree 61/ QĐ- UBND dated 5/1/2013 of Thanh Hoa PP, on approving updated RP of the CSEDP Project’s Component 3&5 and the RP of the Component 3&5.

Decision 85/UBND-KTTC dated 05/01/3013 of the Thanh Hoa Provincial People's Committee for support and resettlement compensation policies the of the Project: the

construction of technical infrastructure for residential intersections in Nguyen Trai - East West Avenue and North-South railway; the resettlement HHs in Tan Son and Dien Bien

wards are expected to move this area; this Decision issued together with the Decision on the price of each site in this area.

Some meeting minutes of community consultation and information dissemination in the communes/ward among Project areas

10 approved Decisions about compensation, support and site clearance in locations

among CSEDP Project from EMA 4 (4/6/2013) to EMA 5 (3/9/2013)

During the process of payment monitoring for AHs, The consultant always checked APs’ profile for compliance with the provisions about ADB procedures.

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1.5.2. Interview directly APs and Community consultation

PRA involved community was carried out by depth interview, focus group discussion

focusing on some objective groups, who had complaints and serious APs. There were 43 HHs, who are resettlement HHs and having complaint/pettition HHs are directly

interviewed. There were 27 in-depth interviews with the City Site Clearence and Resettlement Department, Local Authorities, Commune/ward People’s Committee, Resettlement HHs and HHs who had complaints are undertaken.

Beside, methods of observation and photography at the site clearance and resettlement

areas were conducted to check and monitor the information.

Sources of information collection

The CSEDP Management Board and internal supervision reports.

Thanh Hoa CSCC, and communes/wards’ reports.

The People’s Committee and the departments of the 17 communes/wards of the Components 1,3,4,5 in the project area.

Those heavily affected family households and their complaints and queries.

A number of communities/groups in the project area.

II. RESULT OF THE SOLVING OUTSTANDING PROBLEMS,

RECOMMENDATIONS OF THE EMA 4

2.1. Compensation

At the time of EMA 4 (04/6/2013), Thanh Hoa PPC had approved 70 Decisions on

paying compensation for AHs and affected groups of the 04 Components. At the time

of EMA 4 (04/6/2013), there 18 out of 70 Decisions have not yet paid. Among 3 month

from dated 4/6/2013 to dated 4/9/2013 (at the time of EMA 5) have completely paid

money compensation for 08 Decisions. There are 10 Decisions have not been paid

completely for AHs with many reasons. See more detail Table 2.1

Table 2.1. Results of paying compensation according to 50 Decisions that were approved by

before dated 04/3/2013 (at the point of EMA 3) and the detail of 10 Decisions have not been

paid completely (on 4/6/2013)

Commune/ Number of money ( unit: 1000đ) Number of HH The main reason not

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Ward No. Decision Total of approved

money

Total of paid money

Number of not paid money

Number of

approved HH

Number of paid

HH

Number of not

paid HHs

to pay/HHs have not

received payment yet

Quảng Thành

QĐ 27 (4/1/2013) 4,216,191

4,186,991

29,200

34

33

1

Have yet to pay money compensation in order to deduct resettlement land

QĐ 1844 (28/4/2013)

614,125 592,410 21,715

13 9 4 Have not yet received money

Tân Sơn QĐ 7179 (10/12/2012)

33,099,780 32,112,000 1,887,780 10 9 1 Mr. Nguyen Ba Hung do not agree land acquisition as 8.3 m2 of affected pavement land

Quảng Hưng QĐ 6271 (8/11/2012)

10,341,694 10,317,822 23,872 10 9 1 Land areas of Mr. Can will be not acquired

QĐ 1016 (5/3/2013)

375,585 294,500 68,115 3 2 1

Điện Biên – Hồ Thành 4

QĐ 843 (21/2/2013)

12,500,277 12,497,782 2,495 42 41 1 Has yet to receive money because of far from home

QĐ 998 (1/3/2013)

11,123,163

7,490,699

3,632,464

80 55 25

Supported money to buy resettlement land is reviewed

QĐ 1244 (13/3/2013)

284,580 254,580 30,000

31 30 1 Has yet to receive money because of far from home

Ham Rong

QĐ 3331 replaced QĐ 1843

458,600

456,916

1,684

9 8 1

Previous Decision is replaced by new Decision and money will be paid

QĐ 2049 (22/4/2013)

2,908,706

2,632,763

275,943

28 24 4

Has petition about price of garden land that located the same lot and residential land

Total of 10 Decisions that unpaid 75,922,701 69,936,463 5,986,238 260 220 40

TOTAL OF 70 APPROVED DECISION AND RATIO OF PAYING IN ACCORDANCE WITH THE NUMBER OF MONEY AND HHs

378,639,990 372,653,752 5,986,238 1668 1628 40

100% 98,4% 1,6% 100% 97.6% 2.4%

Source: CSCC

2.2. Solutions to outstanding problems and other petitions

As of the EMA 5 (04/9/2013), all of the complaints have compensated or supported with the satisfactions as the lack of assets inventory; stabilizing life (some persons have yet to

support or proportion of land acquisition lacked…); the types of land are not exactly determined ; the land acquisition area is not exactly comparing with the Land Use Right.

There are now 04 HHs at Dong Cuong are affected by the Component 4 and they have not yet resolved because of raising from determining un-clear the demarcation of land

acquisition.

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In Tan Son, Quang Thanh, Dien Bien, Ham Rong, all of resettlement HHs have received

compensation money and handed their grounds over to the Project to construct. The most of

AHs at all communies/wards have agreed with receiving compensation and handing the grounds over on the shorted time because it is the result of City/Province ‘s the special support policies to speed up Project progress such as: discount the resettlement areas (30%); ensure the resettlement price ≤ the acquisition land price; have the land/money support policies for HHs who are living in collective building or renting kios; and with many other support policies.

The tattered and uncultivated land acquisition were satisfactorily resolved and had no

comments.

2.3. Impacts on construction.

Many impacts on construction that were presented on EMA 3 report were still unresolved such as difficulty of transport, harvest, irrigation and uncultivated and drainage problems or

in Quang Thanh, Dong Ve, Quang Thang, Dong Hung. Furthermore, many projects are constructing together in the communes/wards affect seriously to resident’s life. The CSEDP

and CSCC coordinating with local authorities work with construction contractors in order to take measures mitigating damages and protect environment, and pay compensations for

AHs.

SEE MORE APPENDIX 2: RESULTS OF THE EMA 4 ON SOLVING THE

PETITIONS (Paper 41 )

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III. SOME SPECIFIC RESULTS OF THE EMA 4 (EMA 4)

By the time of the EMA 5 (dated 04/9/ 2013) the compensation of land acquisition and

resettlement of the CSEDP Project for all four components having site clearance which has

almost been completed. The contract packages are qualified for construction. Only few

additional compensation proposals for affected areas (with low values) arise, and the CSCC

is checking and counting, submitting for approval in the soonest time. Some issues that need

to be resolved and completed in the coming period are as follows:

• Completing the infrastructure: electricity, water, road, drainage of resettlement areas to

facilitate the housing construction and stable lives of AHs.

• Land acquisition and infrastructure construction in the resettlement of 5 collective

organizations by refunded manner.

• Implementation of income restoration program abiding by Decision No. 2872/QĐ-UBND

dated August 14th 2013 of Thanh Hoa PPC approving the income restoration program of

CSEDP.

• Examining, identifying objects and preparing additional supportive plans for housing and

workshop rent for households which have not been allocated land in time (slower than the

time they handed their ground); and recommending solutions to support AHs to do their

business.

The monitoring results of 04 these Components will be presented below – The Project

3.1. Consultation community and information dissemination

Although the site clearance and resettlement have completed basically, the consultation community and information dissemination carried on undertaking all of communes/wards

relevant to the Project where have land acquisition. The CSEDP coordinating with the CSCC, People’s Committees of communes/wards organized many meetings and direct dialogue with HHs, who had complaints to resolve these complaints. Especially, from EMA 3 (3/2013) to EMA4 (6/2013), CSEDP have to make advocacy, disseminate information

about priority and supportive policies of Province/City to speed up the site clearance of the Project. Make sure that AHs have sufficient information as quickly as possible.

The consultation community and information dissemination have been implemented in accordance with ADB’s regulations. Consultation community has been launched city-wide,

to every commune, precinct, ward and hamlet. It has received strong support from the

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community on such themes as land and properties which have been affected and qualified

for compensations in cash. The policy for resettlement HH is « land-to-land » exchange

equivalent to the compensated properties. Resettlement sites are similar to those of the recovered land. The appropriate support policies will be undertaken for each APs in

accordance with the Vietnamese Government’s provisions and the entitlement matrix following regulations of the projects using ODA. And especially in accordance with priority

and supportive policies of Province/City for the Project.

Resettlement HHs have received consultancy on resettlement sites and were given rights to

choose ways of resettlement. They have, however, not been involved into the supervision of

the entire process of the construction of the resettlement sites such as designing,

construction, infrastructure

There were no meetings for the women group. There were no methods of disseminating

special information for vulnerable groups. Information and plans on executing a new program about income restoration that was approved by Thanh Hoa PPC in accordance

with the Decision No. 2872/QĐ- UBND dated 14/08/2013 is being undertaken to the communes/wards of Project areas

Project’s handbook have been distributed to almost all AHs and none AHs living in the Project’s sites. The process of petition, locations of solving complaints were also disseminate in the meetings.

The RP updated of the Component 4 have given to AHs and posted in the commune

People’s Committees/hamlet cultural houses but some AHs have not known/or have clearly unknown about RP’s information. The coordination between responsible agencies and socio-political organizations to encourage AHs to abide by law has been conducted with high efficiency from EMA 4 to EMA 5

Province/City’s priority and supportive policies for the Project and especially the decreasing price of resettlement site, supporting money to buy houses for HHs who have had land

timely and supporting for HHs who are doing business affected by land acquisition have been disseminated widely and received high consensus of AHs. AHs’ comments/petitions are resolved satisfactorily by these policies and contributed stability livelihood of HHs

Comments and Findings:

Information on methods to solve differences between AHs’ rights as stated by the resettlement plan and Provincial regulations and policies, (in accordance with Land Use Right, land and assets compensation) is disseminated widely and fully to HHs.

The CSEDP and CSCC have been strictly coordinated with local authorities to consult

about making decisions of the City/Province’s institutions in order to speed up process of the compensation and site clearance of the Project

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3.2. Inventory and Price fixing.

At the time of EMA 5, the inventory has completed almost of the site clearance areas. The

inventory teams consisted of all elements according to rules as the CSCC, local authorities, land registry offices, socio-political institutions, leader of hamlets and representatives of

AHs. AHs’ representatives signed in inventory minutes. The copy of inventory minutes were given to AHs. The inventory of additional assets, lacking/wrong supports have

completed basically with some AHs’ petitions. At the present, some land areas and assets of 04 AHs at Dong Cuong have been inventorying and waiting approval.

On-the-spot inventorying was conducted in relations with residential land, architecture

types and other assets. In regard to agricultural land : to calculate two kinds of inventory : conducting on-the-spot inventory and basing themselves on maps (if AHs agreed). most

representative HHs participated the inventory. The HHs recovered the agricultural land were not participated in the inventory process. They agreed calculation the area in

accordance with basing themselves on maps without conducting on the field inventory or authorized HH’s other representative participating the inventory because of owner HH working far from family.

The replacement price in accordance with the Decisions of Thanh Hoa People's Committee

on compensation and support for site clearance and resettlement of Components 3&5 has been applied to calculate the compensation prices for all affected types. The plans of

compensation price fixing were handed over to almost HHs and posted in People’s Committee of commune/ward in order to receive feedback before paying compensation at

least 05 days.

Comments and Findings:

From EMA 4 to EMA 5, the inventory process and fixing prices for affected additional assets at Dien Bien, Phu Son, Ham Rong wards of the components 3&5 were

implemented with high efficient and exactly contributing speed up the site clearance and resettlement process of the Project.

3.3. Compensation paying.

Compensation paying process has strictly followed rules and regulations:

i. The payment teams consist of all sectors : the CSEDP and the City CSCC,

representatives from the local administrations, supervision consultancy, communal chiefs, land registry offices

ii. The payment has been paid directly to (those who were listed in the decision), in case the others received the compensation money on the land owners ’ behalf they were required to show proxy sealed with local authorities’ stamps, full compensations

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were paid just one time at the communal offices. If there were no testimonies for

heritage (the owners had died) the beneficiaries should have to show the minutes of

family meetings with consensus reached by all family members and their proxy. The compensation money receivers signed all related documents, including commitments

to handing over the ground. iii. Full compensations were paid just one time at the communal offices

Some AHs is continuing to receive compensation money. The CSCC cooperates with local

authorities to advocate AHs having consensus, receiving compensation money, and handing

over ground. From EMA 4 (4/6/2013) to EMA 5 (4/9/2013) Thanh Hoa PPC approved 10

Decisions about Project’s compensations with many efforts and priority policies of the Project. 5/10 approved Decisions were paid by CSCC. As a result as 98% of the total

money was paid and 92,2% of HHs were received money (83/90 HHs). See more Table 3.1

Table 3.1: Result of compensation paying in accordance with 10 approved Decisions from EMA 4 (04/06/2013) to EMA 5 (04/09/2013) and the total of 80 approved Decisions from

the beginning to 4/9/2013

Commune/ward

Decision No

Number of money ( đ/v: 1000đ) Number of HH

Main reason for

unpaid/not received

money

Total of approved money

Number of Paid money

Number of unpaid money

Number of approved HH

Number of paid HH

Number of unpaid HH

Quang Thinh

QĐ 3949 (4/7/2013) 150,281 150,281 -

6 6 0

Tan Son

QĐ 4079 (12/7/2013) 40,000 40,000 -

8 8 0

QĐ 3242 (7/6/2013) 1,746,877 1,746,877 -

9 9 0

Ham Rong

QĐ 3331 (12/6/2013) 462,427 457,027 5,400

8 7 1

Dong Ve

QĐ 3710 (27/6/2013) 853,384 813,659 39,725

8 7 1

QĐ 3334 (12/6/2013) 66,506 6,386 60,120

4 2 2

Dien Bien

QĐ 4333 (26/7/2013) 27,540 24,540 3,000

18 16 2

QĐ 4081 (12/7/2013) 35,000 30,000 5,000

7 6 1

Phu Son

QĐ 4080 (12/7/2013) 1,508,543 1,508,543 -

19 19 0

QĐ 3724 (27/6/2013) 875,415 875,415 -

3 3 0

Total of 10 approved

Decisions

5,765,973 5,652,728 113,245 90 83 7

100% 98% 2% 100% 92.2% 7.8%

total of 80 approved 384,405,963 378,306,480 6,099,483 1,758 1,711 47

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Decisions from the

beginning to EMA 5

(4/9/2013) 100% 98.4% 1.6% 100% 97.3% 2.7%

(Source: CSCC)

Summary of paying compensation results:

In accordance with CSCC’s report, at the time of EMA 5 (4/9/2013), 80 Decisions have

approved with the total of compensation money as 384,405,963 VND. There 378,306,480 VND was paid (including fees for CSCC) accounted 98.4%

1.758 HHs were approved compensation, and paid for 1.711 HHs accounted 97.3 %. There are only 47 HHs have not yet received compensation because some HHs (26 HHs) who

belong to HHs of priority policies at Ho Thanh 4 are being reviewed and some HHs who are working far from home

Comments and Findings:

The Province/City had many priority and supportive policies to complete resettlement site.

These are basic conditions that 100% of AHs handed over their grounds to the Project.

3.4. Site Clearance and Resettlement

Site clearance:

At the time of dated 4/9/2013 (EMA4), Components 1,3,4 and 5 were implemented completely site clearance. All of AHs have received compensation and signed in a minute to

hand over ground for the Project. The packages have had clear ground to construct. (See more Table 3.2)

Table 3.2: Some basic results of the compensation for Site Clearance, Resettlement and

complaints of the EMA 4

Commune/ward AHs, complaints Site clearance Resettlement

Total AHs

Number of

complaints/

pertitions

Length of the road (m)

Length of the road where

ground has been cleared (m)

Number of HHs tobe resettled

Number of HHs

have received compensation and/resettlemet land plots

Number of

HHs have

built houses in

the

resettlement

sites

Comp. 1 777 2 8.081 8.081 82 82 61

100% 100% 100% 100% 74%

Comp. 4

Land areas to be recovered

(m2)

Areas whose

ground was

cleared

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(m2)

Comp. 4 126 6 54,788 54,788 No resettlement

Comp. 3

Quảng Thịnh 200 203,126.8 203,126.8 No resettlement

Đông Vệ 75 14,632.5 14,632.5

Điện Biên 141 1 27,606.7 27,606.7 118 118 15

Phú Sơn 29 1 135,108.3 135,108.3 7 7 0

Total of Comp. 3 445 380,474.3 380,474.3 125 125 15

Comp. 5

Hàm Rồng 117 1 44,836.7 40,836.7 36 36 19

Đông Vệ 19 2 11,397.0 11,397.0 No resettlement

Total of Comp. 5 136 56,233.6 52,233.6 36 36 19

Total of the

Project

1,484 13 491,495.9 487,495.9 243 243 95

100% 0.9% 100% 99.2% 100% 100% 39%

(Source: CSEDP, CSCC, reports of communes/wards and EMA4)

Resettlement

From EMA 4 to EMA 5, the resettlement has been implemented effective with the

participation of the functional departments, local government and political institutions. CSEDP coordinates with the City CSCC holds many meetings in order to consulting to

resettlement HHs, listening to HHs' opinions and aspirations to build up the most appropriate policies for APs, who will agree receiving compensation payment and hand

over their land for the Project in Quang Hung, Tan Son, Quang Thanh, Tan Sơn, Phu Sơn, Dien Bien, Ham Rong. The local authorities create favorable conditions for HHs to be able

to get land in resettlement sites (having Decision of allocation land, or having Land Use Right in somewhere)

In addition, the CSCC coordinates with the CSEDP also consulted for the Thanh Hoa

city/province having adjustments or special support to speed up resettlement progress. The City had priority supports for the Project in order to clear quickly the ground of resettlement

areas and finalized resettlement infrastructures for AHs:

1. The city has used resettlement sites with its position correspond to position of recovered

land. Resettled HHs are relatively satisfied with the resettlement sites

2. To resolve AHs’ comments/petitions about land price at resettlement sites is high, The City has discounted 30% of land at resettlement sites. This decision has received AHs’ consensus and they handed over ground.

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3. Consultation with beneficiaries to adjust resettlement sites to smaller areas to meet their

demand, such as site 4221 was adjusted from 150 m2 down to 70-90m2/lot

4. Create conditions for households to buy land in accordance with their compensation amount and their circumstances (number of children, etc.)

5. The HHs who lived in office’s collective block in Dien Bien ward have get the City’s priority policies applied for CSEDP. They will get support policies for resettlement if

they have eligibility (no residential land acquisition – collective land): 1/ If HHs distributed before 1993, they will get land 50m2 without unpaid money for 50m2 in

resettlement site (If they do not receive land, they can get money as 175 million VND =

50m2 x 3,5 million VND/m2; 2/ If HHs distributed from 1993 to 2004, they will get

50% of support level above; 3/ If HHs distributed from 2004 to now, they will be considered to purchase lot of resettlement site/or house for low-income employee at the

ground 73 (if required) .

6. Due to site clearance to build resettlement area, HHs who have moved out or affected

doing business will receive aid priority from PPC as HHs who are forced resettlement of the Project

7. A family of serious invalids soldier will be supported 60m2 of resettlement land or

received 580.000.000 VND (equivalent to 11,6 million VND/m2).

At the time of EMA 5 (dated 4/9/2013), the results as all of 255 resettled HHs have received compensation and handed over ground to the Project in 07 communes/wards. The packages

are enough conditions to construct.

There are three outstanding problems and receiving many comments/petitions from resettled

HHs as:

Infrastructure at resettlement sites must be completed. Water, electricity, roads, sewer

must be had fully as soon as possible due to people can build their houses after handing over ground. In accordance with uncompleted statistics, there are 6/12 (50%) of

resettlement have yet complete infrastructure (including roads, electricity, water for each HH) and 60% resettled HHs (146/255 HHs) have/being built houses to stable life.

Build a plan to support additionally HHs who must to rent house/factory. Land were not

distributed to them timely (compared to the time they are handed over their ground to the project) and support HHs, who affected doing business (These HHs have received

support levels following the Decree No. 69/2009/ND-CP of Government).

HHs who have fully paid for purchasing land also should deliver over Use land Right to

them as soon as possible. The HHs can borrow money from bank to build their houses

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(compensation for architecture types are not enough to build the houses) and restore

their business interruption after moving if they have the Use land Right

The refunded projects

The land and architectural types acquisition project for 5 collective organizations, namely: Thanh Hoa Provincial Post Office; Thanh Hoa Electric and Chemical Joint Stock Company; Thanh Hoa Broadcasting – Television Centre, Thanh Hoa Telecommunications; Thanh Hoa Army (Regiment 767). Such areas are compensated by infrastructure refunded method. Currently, Thanh Hoa province and the City are working hard to fulfill procedures for land allocation and infrastructure completion to assign to these organizations. They are expected to be completed in late 2013.

The provincial hospital and the maternity hospital of the Province have remained land; thus, the affected works will be rebuilt on the land of the hospitals. As the medical waste incinerator of the hospitals has been affected, the Project pays for medical waste incineration of the provincial hospitals (with the average amount of 200kg/day).

The public works of the localities such as the interior canals, rural roads, electricity cords, etc. which have been affected by the implementation of the project can be remade after the Project completes. However, all the temporary impacts on production and life (while they have not been remade) must be compensated.

Comments and Findings:

Resettlement HHs have received consultation services and reached consensus on land-to-land exchange, counting on the compensation value therefore the Project’s site clearance progress will be speed up.

The City/Province had some reasonable policies to implement Project’s safeguard policy and lawful interest of HHs lost houses including all houses located in office’s collective block.

Implementing the additional supports were suitable to the entitlement matrix and ODA’s regulations among the period that resettlement land was not distributed to HHs timely

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Some producers are affected temporarily by collective works being constructed: interior canals, rural roads that have yet to compensate

3.5. Support Policies and Income Restoration

The project has strictly followed subsidising policies as stated in the resettlement plan. For HHs losing agricultural land supported stabilising life for those families which lost 10

percent upwards, in employment. For resettlement HHs supported to rent house for six months and transport service for moving out. Vulnerable, disadvantaged groups, poor

families and families target to social welfare have received a package subsidy of 1.5 million

VND. For 29 HHs affected doing business at Hang Dong street – Dien Bien ward have

received supports for 06 months in accordance with the provisions in the entitlement matrix and Government’s Decisions

Currently, the LARU of Thanh Hoa city is determining objects and preparing additional compensation plans for housing and workshop rent, supporting the business and production of households/units which have not been promptly allocated land compared with the time

they hand over their land (apart from the supporting levels under Decree No.69). Such additional supports are consistent with the interest matrix of the AHs, contributing to life

stabilization and income restoration for households which are required to resettle

Thanh Hoa city/province has special support policies for resettlement HHs of the Project

(presented above). These are as remarkable efforts of the local government to speed up resettlement progress as well as secure on livelihood for HHs at least as before.

In addition to supporting policies as stated in Decree No. 69 of the Government, the income restoration program begins to be implemented following the Decision No. 2872/QĐ- UBND

dated August 14th 2013 of Thanh Hoa PPC. The program is implemented from the beginning of the third quarter of 2013 (June, 2013) to the end of the third quarter of 2014

(September, 2014) with such main activities as: (i) implementing the income restoration

models, (ii) providing supports for life and production stabilization, (iii) raising awareness

and capacity.

Participants of income restoration program are determined in accordance with the

provisions of ADB: households severely affected by losses which are equal or more than 10% of production land, or equal or more than 10% of income from livelihood activities;

the relocated households and vulnerable households (poor, families of revolutionary martyrs or invalid ex-soldiers, of the elderly and helpless, single women households, minorities,

etc.). According to the survey, 948 of the 1434 AHs (66 %) are eligible for the income restoration program.

Comments and Findings:

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Some subsidy rates were put by the community as low, far away from the replace costs

to stabilise their life. The lowest rate of financial support for employment at 1.5 times of

cultivated land prices as set by the Government decision 69 was not suitable in urban areas neither.

By considering the content, the independent consultant unit found that the income restoration program (though being deployed slowly) have turned to the right

beneficiaries under provisions of Vietnam and ADB. With various activities which will be implemented in all 17 wards/communes in the project covering areas, the program

will help to restore the life stability, ensuring the goal that the living standards of the

AHs will be at least equal to the standards prior to the project.

3.6. Petition and petition settlement

As at the time of EMA 5 (4/9/2013), the remaining comments/petitions of EMA 4 (13 petitions) have resolved with high consensus of community.

Preliminary inventory showed that there are only 6 petitions (accounted 0.4% out of AHs) have comments about additional compensation for affected assets. All most of petitions are

reviewed and resolved in accordance with the Law and ODA Project’s provisions.

All written petitions have been addressed in written forms or witnessed dialogues between

responsible agencies and local HHs. The petitioning process has relatively followed regulated steps.

Many communal petitions asked for restoration of communal projects in service of essential production and daily life of the community such as inter-field ditches and canals, rural

lanes, electricity grids and water pipes. The problems have been solved or are under consideration by the CSEDP and the CSCC.

SEE MORE APPENDIX 1: SUMMARY OF HHs’ COMPLAINTS/PETITIONS IN EMA 5 (Page 36)

Comments and Findings

Petition settlement has been well done by responsible agencies in association with the community.

The priority/supportive policies of the Province/City are the key to resolve all of petitions with high effectiveness and creating consensus from community

3.7. Gender and Ethnic minorities

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Not any ethic minorities are affected by the project

Not any exclusive meetings or consultancy services were held for women. There is not yet

any form of information dissemination or assistance exclusively for the group of families headed by women or single mothers in the proces of solving complaints and petitions.

Participation by women or women’s associations at all levels in the entire process of executing the project has not yet shown efficiency. They have not yet upheld the women’s role in supervising, examining petitions and petition settlement.

The income restoration program of the project has targeted the single women group;

nevertheless, there should be special policy priorities for seriously AHs with many women

laborers. The program should give priorities to income restoration models, providing

vocational training towards the employment of women laborers being affected by the project.

3.8 Impacts on construction.

Construction the ring road (Component 1) effected to the communies' daily life and production. Most of these impacts on construction have been exited since the bid-packages

starting construction and remaining for now. Basically as follows :

Impacts on production: floods and droughts affecting cultivated land, blocking inter-

field canals in many communes/wards. For instance, in Quang Thinh : 10 hectares of Dong Sen affected by irrigation ; in Quang Thanh : 06 hectares of Thanh Mai hamlet

affected by irrigation systems and 03 hectares are uncultivated. In Thanh Yen : 16 hectares of rice are effected by construction without irrigation

Impacts on daily life: construction trucks damaged rural transport roads-the road cut cross the rural lane has blocked transport. No guarantee of environmental regulations,

detritus transport trucks, construction materials impacted on communities life (Quang Thinh, Quang Thanh, Quang Thang ...)

It’s important that all the above-mentioned effects have shown the trend to get further prolonged and more serious at the point the construction work is at its peak and uses a

greater quantity of machines, especially during the rainy and stormy season.

Currently, PPC is reviewing the supports for affected areas by the Projects are being

constructed (not belong to scope of Project’s site clearance) that can not be cultivated (following Document No. 6922/UBND-KTTC dated 03/9/2013 of PPC)

Comments and Findings

A lot of communes located in Project areas are influenced by many constructions that

were being undertaken at the same time. Therefore, these impacts are overlapping and

difficult to separate. The CSEDP must coordinate with local authorities having reasoned

solutions to clarify the Project’s effects of which can be minimized the impacts, and supported for AHs.

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3.9. The satisfaction of the AHs about the compensation, site clearance and

resettlement of the Project.

3.9.1. Community consultation and information dissemination

In general, AHs participated and relatively satisfied with process, content, and form of the community consultation and information dissemination of the Project such as: (i)

differences and how to resolve the differences between Provincial regulations/policies and ADB’s safeguarding policies, (ii) the complaints procedure and where resolved the complaints.

The Decisions and separated support policies/additional support of the Project have been disseminated as immediately as possible, and received the community’s consensus. These policies not only contribute improving resettlement process but also undertake restoring livelihood for AHs.

3.9.2. Inventory/Price fixing, Compensation and Resettlement

For HHs who loose their agricultural land: most of them agreed with the inventory

procedure, replacement cost and compensation prices fixing, paying compensation. At the point of EMA 5 . Some questioned about shortcomings in inventorying have compensated

additionally.

For resettlement HHs: Although many of them claimed that compensation prices for their

land and Architecture types are low, the method of land to land is in line with the compensation amount, the resettlement area is located just within the commune, land price

at resettlement area is quite reasonable that satisfy resettlement HHs. The local authorities said that resettled HHs have received benefits from the Project.

3.9.3. Policies for income support and restoration

All of AHs will receive support from policies for income support and restoration in accordance with the RP. However, AHs confirmed that many support levels are low and

they are not satisfied. Income restoration program for heavy AHs are being started implementation. It will contribute to restore income and stable life to AHs

3.10. About CSEDP and Thanh Hoa Compensation and Site Clearence

Commitee

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CSEDP project management unit has performed very well their function. During the project

implementation, CSEDP has coordinated effectively with CSCC. CSEDP has provided

compensation amounts fully and in time as soon as the city finalised the payment decision. CSEDP has given fully information about the project regulations to the CSCC to support

their implementation, regularly coordinated in dealing with disputations, suggested/consulted solutions to provincial authorities in order to deal with remaining

issues.

The CSEDP has great success in consulting to Province/City that offered many special

support polices for the Project, showing the respect for AHs' Rights and contributed

speeding up Project’s progress. At the present, CSEDP is coordinating with CSCC to

undertake the additional compensation plan for renting house/factory and supporting doing business for resettlement HHs, who were not distributed the resettlement land timely.

CSEDP is also implementing the income restoration program following ADB’s regulations

The CSCC is a professional unit (not having any other functions), which is experienced in

Site Clearance and Resettlement. Number of staff is rather sufficient to meet the demand of the project. Furthermore, CSCC is concurrently processing many projects, thus difficulty in

lacking staff at some time is unavoidable. However, the inventory process, compensation, and resettlement implemented in accordance with procedures and high effectiveness

The PPC and CSCC of Thanh Hoa city have instructed concerned authorities, communes/wards to give priorities to the project. However, some problems can not be

solved at once due to mechanisms, which need consideration and approval from higher authorities. The progress of land acquisition and resettlement can be by these issues

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IV. CONCLUSIONS AND RECOMMENDATIONS

As of the time for EMA5, 04/9/ 2013, the compensation and land clearance of CSEDP project have been basically completed. All AHs have received compensation and handed over their land. All components which have clean surface have been deployed construction.

All 255 compulsorily resettled households on 7 communes/wards have already received compensation for land transfer. Most of the resettlement households have received land allocation decisions and land in the resettlement areas. However, some households received resettlement land quite more slowly compared with the time their land was handed over for the project. Approximately 60% of resettlement households are building their house for stable lives. Some households have received the Red Book (Land Use Right ) after fully paying for the land.

The number of AHs is quite large (1484 households), especially the compulsorily resettled households count for 17% of AHs, among which the majority live in urban areas; nevertheless, thanks to the efforts of the project implementation authorities, the compensation for land acquisition & resettlement of the CSEDP has been conducted efficiently, fairly quickly, getting the consent of the AHs and communities:

- The CSEDP and CSCC had great achievement in collaboration with local authorities of communes/wards to carry on the site clearance and resettlement of the Project with high effects. Especially, the CSEDP and CSCC consulted priority/supportive policies for Province/City to speed up resettlement progress as well as secure on livelihood for HHs at least as before

- The process of information dissemination, consultation with community has implemented strictly following rules. However, not all AHs in particular and the entire community in general have thoroughly grasped regulations and rights.

- Province/City’s priority/supportive policies are disseminated timely to AHs and communities, contributing to satisfactory resolution of the outstanding complaint.

The checking and inventorying of affected assets has basically completed at the localities having site clearance. There are only few supplemental affected assets/land which are being checked, counted and submitted for approval in the coming period. The checking group has various kinds of participants as regulated.

The replacement price was applied for counting compensation for all types of affected properties and land. The compensation has been compliant with the stated

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procedures. The compensation has been paid directly, once, at the communal office and at least one month prior to the construction.

As of 04/9/2013 (EMA5), with lots of efforts by the city Board of land clearance and the supportive coordination of CSEDP (sufficient and timely money transfer), a total of 80 decisions have been approved with a total compensation amount of 384,405,963 VND. 378,306,480 VND has been paid (including costs for the GPMB Board), counted for 98.4%. The not yet been paid money is mainly for households (25 households) which are being reviewed their eligibility to be allocated land and resettlement houses in the area of Hồ Thành 4 – Điện Biên Ward.

The city need to: (i) rapidly improving the infrastructure of resettlement sites for the population to build houses for their life stabilization. (ii) Issuing land decision-making and land owner rights certifications for resettlement HHs which have fully paid for land. As quickly as possible, completing the subject identifications and preparing additional compensation plans for housing and workshop rent, providing supports for the business of resettlement HHs which have not been promptly allocated land.

Thanh Hoa Province and the City need to implement land acquisition and complete the infrastructure for the resettlement grounds handover to the affected collective units by infrastructure - infrastructure refunded method. For the public works which are refunded pending, the CSEDP needs to coordinate with the contractors to compensate for temporary impacts caused by the construction to the AHs (causing flood/drought that reduces production or makes cultivation impossible, etc.)

The CSEDP needs to inform thoroughly and have penalties (if needed) so that the construction contractors must ensure their management compliant with the regulations for environmental protection in the project areas (in causing dust, road cracks, noise, etc.)

The project has been compliant with the supportive policies provided in the RP; nevertheless, the communities have seen some supportive levels as being low. The CSEDP should coordinate with the CSCC to effectively implement the income restoration program stated in Decision No. 2872/QĐ – UBND by the People’s Committee of Thanh Hóa Province dated on August 14th 2013 to help stabilize their lives and reduce the negative impacts of the project.

The CSEDP should continue to strengthen supervisions over the implementation of income restoration program to ensure that the program has targeted the right objects and effectively contributed to achieve the goal that the living standards of AHs are not lower than previously.

The process of complaints/petitions and resoluting petitions have been strictly disseminated and implemented following ADB’s provisions. All remained comments/petitions from EMA 4 have completely resolved. At the present, there

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only 06 petitions (accounted 0.4% of total of AHs) are reviewing and resolving in accordance with the Law and the rules of ODA Projects.

Gender issues have not yet received due attention. In the next stages of the project,

it’s necessary to give priority policies in support of women for employment changing, income restoration. To take measures to protect reproductive health when

women have to change their jobs and work far away from home due to losses of agricultural land

Apart from priority policies for single women households, the income restoration program should have production transition models towards the use of female laborers, or have priority policies for the AHs that have many female laborers.

Women/women’s associations have not yet effectively participated nor shown high effective role in the entire process of executing the project. Women’s ineffective part in supervising, monitoring the entire process of implementing the project poses a problem that should be addressed in the coming period of the project.

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APPENDIX 1: SUMMARY OF HHs’ COMPLAINTS/PETITIONS IN EMA 5

Name Address Comments/ Petitions Unit dealing with

questions

Dealing time

1. Đông Cương Commune

Mr. Vinh

Deputy Chairman, Communal People’s Committee

03 households still have had questions since the EMA 3. The CSCC explained to have worked with such households but agreements have not been reached. • Nguyen Xuan Ngoc of Hamlet 6: The flower planting group led by him has not been compensated 10 concrete power poles. • Nguyen Van Sa (mobile: 01684768750) of Hamlet 6: soil for rose planting was compensated as soil for vegetables. • Le Đỗ Dạng of Hamlet 6: 330 square meters of rice cultivating land has not been compensated although being checked and counted previously.

04 households being additionally affected due to power line construction: claims for additional compensation are being done. Lê Đình Kính of Hamlet 6 (whose son is Lê Đình Tặp) lacks 50 square meters Lê Đình Toán of Hamlet 6 lacks 30 square meters plus flowers being planted in such area. Lê Đình Tú of Hamlet 6 lacks 25 square meters Nguyễn Xuân Trúc of Hamlet 6 lacks 15 square meters

Due to the impacts on interior irrigation, about 0.5 hectare could not be cultivated.

CSCC to meet the households for discussion of the final solutions. The CSCC to compensate as soon as possible. The CSCC to be responsible and coordinate with CSEDP and the contractors for the solutions

As soon as possible

2. Quảng Thịnh Commune

Trần Văn Quyết (mobile:

0984162772)

and

Hà Văn Hợp (mobile:

Chairman of the Communal People’s Committee Communal land officer

- The road leading to the construction site of the waste water treatment plant is being built; however, measures to reduce environmental impacts have not been well implemented, causing lots of dust which affects people’s lives.

- The construction of the road to the plant has filled the 3-meter wide ditch, causing flood for 10 hectares of rice in Đầm Sen Area of households in Truong Son village. There were collective reactions when households gathered in the Communal Office to complaint. The Commune has sent reports to the City. The functional departments have met, investigating the site and promised to return the flow of the ditch. Currently, water is temporarily let to flow into the underground water pipes to Le canal, but it is not so efficient. The Commune has proposed compensations for the temporary impacts by the time the ditch has not been canalized.

CSCC to require the contractors to find solutions to reduce environmental impacts. CSEDP to require the contractors to consider compensations for the temporary impacts by the pending time of

As soon as possible

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01686023527) rebuilding the ditch.

Nguyễn Đức Triệt

Gia Lộc Hamlet 140 out of 630 square meters were acquired. This is a high land area where the project has acquired all the surrounding areas; thus, it will be hard to get irrigation water. The household has only one 70-year-old couple, making it hard to cultivate. It is proposed acquire the remained land. The household has sent the proposal letter.

CSCC to consider and answer.

As soon as possible

3. Đông Vệ Ward

Mr. Thanh ( mobile 0919751918) Nguyễn Anh Tuấn

Deputy Chairman of the Communal People’s Committee Communal land officer

HP 1: Only the household of Mr. Sang which has signed to handover the land but have not received the compensation yet (the money is still in the Treasury) because the family has not resolved their internal heir.

HP 5: the walking road around Mật Sơn mountain: the household of Mr. Xuyên has received compensation for their land handover; thus, currently preventing construction due to such reasons as: the household has had a written request to the Ward, asking to certify the land owner rights to the remaining land of 676 m2 which has been used as land for housing prior to 1980 as shown in Map No. 364. The City has agreed to certify the land owner rights to the area of 90 m2 multiples by 5 times = 450m2 (which is the limit of city land for housing). But Mrs. Xuyen has not agreed, requiring the land owner rights certification of the entire 676 m2.

CSCC to report to the City to solve in compliance with the law.

As soon as possible

4. Hàm R ng Ward

Lê Trọng Giang (mobile: 0912109522) Nguyễn Đức Trường (mobile: 0918778969)

Chairman of the Communal People’s Committee Deputy Chairman of the Communal People’s Committee

Basically, there has been no complaint. The resettlement households in ground No. 2185 have

land allocation decisions and land owner right certifications. The infrastructure in this area has been comparatively well completed. Currently, due to the weak water pressure, the water is not so good. The water plant is finding solutions.

The Household of Mrs. Quy still has questions. The City is considering approving additional money to support poor households or households led by single women (Under the provincial regulations, if the household is eligible for different kinds of support, it can only be entitled to one highest one). This household is the beneficiary of supporting policies due to disadvantaged conditions (her husband and husband's parents died in a short time). The local unions have provided lots of supports including both physical and financial efforts to help the household to resettlement

CSCC to consider additional support to the household of Mrs. Quy if she is getting insufficient as regulated.

As soon as possible The

household of Mrs. Quy

The compensation price for architecture types is low; therefore, I am lack of money to build the resettlement house. I am entitled to buy 2 lots of resettlement land, so I propose to get reductions for 1 lot. I propose to be supported as poor household and household led by single women.

5. Quảng Thành Commune

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Mr. Tiến (mobile: 0984610293)

Deputy Chairman of the Communal People’s Committee

All affected households have received money and handing grounds. Only 2 households, Trịnh

Thị Thoa and Hoàng Văn Chuẩn of Thành Yên Hamlet, have not demolished architecture types due to the complaint that the withdrawn land was more than the actual compensated area. The former household lacks 8 m2 and the latter lacks more than 20 m2. It is proposed to be checked and additionally compensated.

The resettlement households are allocated in ground 03 - Ground 1502: price ranges from 2.5 – 3 million VND/m2 (the compensation price is 3.5

million VND), the water, electricity, road have been comparatively fully constructed. 100% of the households have built houses.

- Ground 1227 of Thành Mai hamlet: no household agrees to get land in this area. - Ground 594 of Thành Yên hamlet: the infrastructure is being constructed. Currently, there

is no water and electricity. The concrete road of Đào subhamlet – Thành Yên hamlet was contributed and made by the local

inhabitants. The project is proposed to compensate for this concrete road. All business affected households have letters complaining about not getting compensations for

ceasing business/production. The households of Bùi Đức Thanh, Bùi Văn Sang, Bùi Duy Tiến which have automobile garages propose to get financial supports for floor -space rent while waiting for land allocation.

For the household of Lê Văn Lương (whose wife is Vân), the lack area has been checked but not yet compensated (they have submitted the complaining document)

All impacts due to construction in Thành Mai and Thành Yên have not been resolved. The internal canals have been blocked, making it impossible for a large area to cultivate. Local inhabitants complaint much, such as:

- In 4 hectares of Thành Yên hamlet in Cồn Đu field, internal irrigation canals have been blocked due to road construction.

- The irrigation flow from canal B27 to the canal leading to Mông Gang field have been filled up and not been reflowing, having impacts on 10 hectares.

- Due to the project road construction, the plan for making irrigation drainages for Đồng Lăng, Đồng Chốn areas has not been implemented, having impacts on 3 hectares of Thành Yên fields.

- Thành Mai has 4 hectares that cannot be cultivated due to the consecutive constructions of many projects in the area.

GPMB Board to quickly verify and compensate the additional areas. GPMB Board and the City to quickly complete the infrastructure for ground 594 The CSCC to compensate for the inhabitants. CSCC to check and consider to support the affected households in their business/ production CSEDP has sent report to the Province and has got solutions, requiring the City People’s Committee to examine and compensate for the temporary losses.

As soon as possible During the construction time

6. Đông Hưng Commune

Hoàng Thanh Hải (mobile: 0904339257)

Deputy Chairman of the Communal People’s Committee

- Being affected by construction, 04 households of Nguyễn Văn Y, Nguyễn Thị Kiệm, Nguyễn Thị Lan, Nguyễn Văn Lợi of Thắng Sơn hamlet could not go to their fields, which are located in the other side of the road, to cultivate and harvest. The fallow area counts for 3,500 m2. The land is located in a high area, making it impossible to be irritated when the road of the project goes through. The inhabitants propose to either recover this area or compensate for the seasonal temporary

GPMB Board and the local government to check and request the contractors to handle the problems

As soon as possible

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impacts. The inhabitants are unpleased, whenever there are communal meetings; they go to the

Communal Office to complain. They have proposed since EMA 2 but no agency has resolved

the problems. The Commune will send reports to the City.

or acquire the remaining area.

7. Quảng Hưng Commnue

Trần Văn Xuân (mobile: 0983595336)

Deputy Chairman of the Communal People’s Committee

All households have handed over their land. For the household of Trịnh Xuân Cẩn, by the time of EMA 4, there remained 23m2 not being compensated. In fact, the project may not impact the area, so it is not compensated.

The infrastructure of the resettlement area of ground 264 has not been completed; there is no electricity, water. The inhabitants have proposed to get the infrastructure completed soon to stabilize their lives.

CSCC to be main responsible for the completion of the resettlement area infrastructure.

As soon as possible

8. Điện Biên Ward

Lê Văn Ngân and Đoàn Hoàng Long

0923307999

Chairman of the Communal People’s Committee and Land Officer

- All existing problems of the previous monitoring have been satisfactorily resolved. - As for Decision No. 998 dated March 1st, there are still 34 out of 80 households that have not been paid for resettlement under the City's policy because the City is reviewing whether they are true beneficiaries of support levels (there have been petitions and complaints that some of them are not true beneficiaries)

CSCC to quickly review the eligible for getting supports to pay/allocate land precisely.

As soon as possible

9. Tân Sơn Ward

Mr. Thành

Chairman of the Communal People’s Committee

Resettlement ground 425 area has got electricity, water, water sewers but the road in the area has not been constructed.

As for Decision No. 7179 dated December 2012, there remains 01 household of Nguyễn Bá Hùng: the City is considering to acquire the land or not in order to implement the compensation plan. This household has proposed that during construction, the bulldozers and steam-shovels have affected the foundation of the house. Therefore, the project has to repair for the household.

The affected households propose to get supports for their business/ production, housing/workshop rent and moving fee during the time the City is pending resettlement land allocation (since the time they handed over their land)

The City to quickly complete the infrastructure of resettlement ground 425. To promptly answer of whether to acquire the land. Compensate for the impacts made during construction The city to promptly issue compensation decisions with additional supporting policies.

As soon as possible

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Lê Bá Hùng, wife Trịnh Thị Hồng

353 Nguyễn Trãi - According to Decision No. 7179, my household is acquired 8.3 m2 of land and the total compensation counts for 1.8 billion VND. However, till now, I have not got the money because the City has not definitely decided to withdraw the land. I will accept all plans.

My three – storey house is suffering from dangerous tilting, subsidence and cracks because: The project drilled sixty-meter deep piles for bridge construction which are only 20-meter far from my house foundation and dug the road by 4 to 5 meters in depth close to my house foundation (only 1 meter away); nevertheless, the project has been ceasing construction since May. Rain makes the ground soft, eroding the foundation and make it tilt. The heavy trucks passing Nguyễn Trãi street make the house shaking. It has been proposed to get compensation to reinforce the house (if not being moved) to ensure life safety.

CSCC to work with CSEDP to promptly answer whether to withdraw the land. Compensate for impacts caused by construction and demolition.

As soon as possible

Ngô Cảnh Đạt 351 Nguyễn Trãi The land was not acquired but the house is next to Mr. Hung’s, it also suffers from subsidence and cracks due to similar reasons as Mr. Hung’s. It has been proposed to get compensation to reinforce the house to ensure life safety.

CSCC to work with CSEDP and the affected households to determine reasons of subsidence and cracks. Provide support to reinforce the houses if they are truly affected by the Project.

As soon as possible

10. Phú Sơn Ward

Dương Văn Xu

Deputy Chairman of the Communal People’s Committee

All previous questions and proposals have been properly resolved. The area of resettlement ground 73 has no water; there are only electricity poles but no

electricity cords. The resettlement households have been assigned their land lots via maps but have not received land allocation decisions. The households entitled to buy resettlement land are basically households at the back, still having land so their needs are not so urgent. The infrastructure of MB 73 should be completed soon.

CSCC and the City to soon complete the infrastructure of the resettlement area.

As soon as possible

11. Quảng Thắng Commune

Đỗ Anh Bắc Deputy Chairman of the Communal People’s Committee

- ground 889 and ground 1862 only have water, not electricity.

- Some households (approximately over 10 households) still have had questions since EMA 3: the construction implementation was in contravention of the original boundaries, affecting some land areas of such households. The GPMB Board has checked but has not had additional compensation.

CSCC to be main responsible and coordinate with CSEDP to consider the solutions. The boundaries to be determine accurately.

As soon as possible

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APPENDIX 2: RESULTS OF THE EMA 4 ON SOLVING THE PETITIONS

Name

Address

Complaints and Petitions

Result resolving at the time of EMA

4

1. Đông Cương Commune

Ô. Vinh Lê Hồng Duy 01683233048

Vice chairrman of commune Leader of hamlet

Outstanding problems of 07 HHs have not yet resolved by EMA 3, including: Nguyen Xuan Ngoc, hamlet 6 : He is head of flower growing group, until now the group has not been compensated 10 concrete poles Nguyen Van Sa 01684768750, hamlet 6 : Land for growing roses have been compensated as katuk Le Do Dang, hamlet 6 : Lack of 330 m2 rice land have not been compensated although inventory was made

04 households being additionally affected due to power line construction Le Dinh Kinh, hamlet 6 (His son is Le Dinh Tap): lack of 50 m2 Le Dinh Toan, hamlet 6: lack of 30 m2 and flowers Le Dinh Tu, hamlet 6: lack of 25 m2 Nguyen Xuan Truc, hamlet 6: lack of 15m2 The new road of the commune was cracked by the construction. The local

authorities has requested the construction company to pay for the damage of the road but it has not yet done nothing.

Impact on irrigation: 0.5 ha of rice fields cannot cultivated anymore. Component 5: There are 2/8 HH at hamlet 8 located in Ham Rong Botanical

Garden had the petitions. They have not yet received compensation and signed on a minute for handing over ground (Mr Le Xuan Thai and Le Van Hoa)

07 HHs still have had questions. The CSCC has yet to have specific answer Additional compensation document of 04 HHs are being completed Construction units have minimized environmental effects by measures and these units signed a fund to rebuild if the roads break down All of 02 HHs have received compensation

Lê Xuân Thái 0978464612 Has not yet received compensation and signed in minute of handing over ground

hamlet 7 Consultant have received copy of petition

3000m2 of forest land (from 1992) was acquired to construct the paths in Ham Rong Botanical Garden. This HH was not attended any meeting about information dissemination and they received a notice about attending inventory (had a inventory minute) and had fixed prices. The HH had a petition: compensation price for trees are low (VND 13,000/ acacia, eucalyptus that grew over 20 years). They also petitioned for salary compensation of reclamation (compared with HH of Mr Duong Dinh Tai – Ham Rong ward had the same land acquisition that compensated VND 35,000/m2)

Âll of 02 HHs have received compensation with consensus

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Lê Văn Hoa Has not yet received compensation and signed in minute of handing over ground

Hamlet 8 Consultant have received copy of petition

Had the same a petition as Mr Le Xuan Thai

2. Quang Thinh commune

Trần Văn Quyết: 0984162772 và

Hà Văn Hợp. 01686023527

Chairrman of the commune Land registry offices

ed Signed in minute and handed over a ground to construct the Wastewater Treatment Plant. A grave can not be moved because of unknown information about the owner ewage system: handed over ground

f Mr Nguyen Van Phu, (Truong Son hamlet) do not receive money compensation in accordance with QĐ 1894 because the over 700m2 of land ( allocated wrong) have not yet handed over for the local authority

Impacts on construction: 03 water supply to Thinh Tang, Thinh Van hamlets and Tuberculosis Hospital, and 01 National fiber optic line are affected by the construct process of a wastewater treatment plant

All of complaints/petitions have completely resolved

Phạm Khắc Hợp Trường Sơn hamlet 0m2/700m2 of residential land (used long time ago) was acquired and they compensated as agricultural land. HH signed handing over ground minute for the Project. However, they had a petition to request for recovered land as compensation as garden land. The CSCC

had a plan compensation and waiting a Provice approval Decision

All of complaints/petitions have completely resolved with consensus

Nguyễn Đức Triệt Gia Lộc hamlet 0m2 out of 630m2 is acquired (this land is on the high ground). The project recovered land around so it is difficult for irrigation. Because of only 2 people 70 years old who can not cultivated on the land, request for project to recovery all area of the land (sent 03

letters of petitions

Has still had petition, proposed to recover remaining land

3. Đông Vệ ward

Ô. Thanh Nguyễn Anh Tuấn

Vice chairrman of ward land registry offices

Component 1 : all of AHs signed in handing over minute (HH of Mr Tien received money). There only Mr Sang signed in handing over minute but not receive money (in state Treasury) because of unresolving heritage on his family

Component 5 – Paths around Mat Son moutain : - Collective of water company have not yet received over 16 million VND because

of waiting the Province Decision about land acquisition (signed in handing over ground minutes)

- Representative of ward do not want to receive 29 million VND of accretion land

Mr Sang has yet to resolve the inheritance within his family. His money compensation has been deposited in the Treasury Has completely resolved

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because they said that it is a public land not belong to ward. They request paying for City budget

- 02 HHs as Mr Xuyên (Tiệp) + Hùng received compensation money and signed in handing over minutes. However, they request for ward to certify Land Use Right to them about remaining land as residential land (before 1993 was unused land of foot-moutain)

Component 3 : HH of Nguyen Thi Lanh – Tanh Xa hamlet have not yet received money because of working far from home

Mr Tiep has accepted. Mr Xuyen has handed over ground but he has still prevented the construction because he has yet to have a Land Use Right Compensated completely for Mr Lanh

4. Hàm R ng ward

Lê Trọng Giang 0912109522

Chairrman of ward

Component 5: Ham Rong Conference Center: - All of whom affected by agricultural land acquisition received compensation

money and signed in handing over ground - All of the EMA 3’s comments/petitions are resolved completely by the Province’s

support policies. Detailed: previous price for resettlement site increases 5,7 million VND up to 6,3 million VND/m2. At present, PPC decreased the land price from 3,5 million to 4,8 million VND/m2 (35%)

- With the comments about deduction method of compensation for land on agricultural and forestry land: Province has explained and consulted to AHs that some trees compensated satisfactory results and some tree unsatisfactory results. And all of AHs have received compensation with no comments

There 50 lots at Dong Chet were bought by 36 of resettlement HHs where belong to ground 2185 with completed infrastructure such as having electricity and water (but they have yet to put into for each HH), completed roads. Most of HHs have had decisions of handing over but they have not yet had Land Use Right. There 17-19 HHs constructed their house at ground 2185 to stable life

There is one grave of Luong family (over 200 years) has compensated 05 million VND. This family think that the compensation money is not enough to have meeting discussing about moving their grave out .

There are one petition of Mrs Quy (resettlement HH) think that land price and architecture types are low but she also handed over ground.

Infrastructure resettlement was completed in 2185. Only weak water pressure. The TDC has been in the red book Resettlement infrastructures of ground 2185 have completed. Pressure of water is weak. Many resettlement HHs have received the Land Use Right The grave of Mrs Quy was moved with no comment. Mrs. Quy has still have petition about support policy for her family

Phan Văn Châm

70 Đông Sơn – Hàm Long 2

The resettlement HHs’ comments were resolved. Basically, price of resettlement site decreased and AHs were be disadvantage Generally, the HHs thought that the price of agricultural land, forestry land and architecture types are not high but they also handed over ground .

No comment/petition

5. Quảng Thành commune

Ô. Tiến 0984610293

Vice chairrman of commune

All of HHs received compensation money and signed in minutes of handing over grounds . The Province discounted resettlement land price so that many HHs have benefits because of exchange for land price (Each HH can buy many land lots).

Have completely resolved

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There 03 HHs have not yet received compensation money because they want to deduct the resettlement land price such as HHs of Mr Nguyễn Phi Vương (Decision 3531), Mr. Trịnh Văn Tuyên + Mr. Trịnh văn Vượng (Decisions 27)

At the present, HH of Mrs Trinh Thi Thoa at Thanh Yen hamlet have handed over ground and received compensation money and land but she have not yet dismantled her architecture types because a petition about land acquisition area is larger than area of Land Use Right over 10m2.

30 resettlement HHs fully paid land price and required that PPC transfers quickly Land Use Right. If they have a Land Use Right, they can mortgage loaning money to build their house, stable their life. Now, there 03 HHs have not yet had a Decision about handing over land. Suggested that has Decisions as soon as possible.

Some HHs stay on 03 grounds such as - Ground 1- 502: Land price from 2,5 to 3 million VND/m2 with full electricity,

water and transport. Nearly 100% HHs have built houses - Gournd 1227 at Thành Mai hamlet : None HH agree to receive land

Ground 594 at ThànhYên hamlet: are constructing infrastructure and 28 land lots are transfer for HHs with land price as 2,9 million VND/m2. HHs have benefits while land price in the market is 5 million VND/m2

Summary: - The price of gricultural land, trees and architecture are low but all of HHs

have benefits from exchange land following the cost. The Province have priority policies about discouting land at resettlement site. Therefore, resettled HHs handed over ground quickly with consensus

- AHs’ daily life are not effected. All of supportive policies are enough to ensure for residents who effected by agricultural land acquisition, resettlement, doing business

All of impacts on construction at Thanh Mai and Thanh Yen have not yet resolved. Many HHs have had comments. There are 06 ha at 02 hamlet can not cultivate because of no water to irrigate

Mrs. Thoa has yet to receive compensation for lacking areas ( 8m2) Have completely resolved Resettlement infrastructures of ground 594 have yet to complete Impacts on construction have not been resolved. Currently PPC has a new support policies for affected locations by the Project where are constructing (not belong to the scope of site clearance of the Project) but un-cultivating (Document No. 6922/UBND-KTTC dated 03/9/2013)

6. Đông Hưng commune

Nguyễn Bá Hạ Head of Thắng Sơn hamlet

Impacts on construction: The land areas of 04 HHs as Nguyen Van Y, Nguyen Thi Kiem, Nguyen Thi Lan, Nguyen Van Loi have rice land located on the other side of the street that cannot go to, cultivate or harvest. Road was dug 70 cm and filled with water, 2 m height of soil at 2 roadsides that cannot go through. Abandoned land is 3500 m2

The land cannot be irrigated because the road passing across and it located in high area. Request to recovery all of the land area or receive compensation for temporary seasonal impacts

This petition has yet to resolve although it exits for a long time (EMA 3). Many people are stressed by this problem

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7. Quảng Hưng commune

Trần Văn Xuân 0983595336

Vice chairrman of commune

All of HHs have handed over ground. There 01 HH as Trinh Xuan Can have not yet received compensation because 23m2 of land acquisition was deviated from original land area. Request to review types of land acquisition

Most of the resettlement HHs will stay in 4221 ground along the ring road of the project. Only two HHs, each HH bought 01 plot in area of Quang Hung market with higher prices from 7 -8 million VND/m2. Infrastructure are completing.

Land area of Mr. Hung can be not acquired Ground 264 is completing infrastructures

Trinh Xuân Cẩn 1 hamlet sPropose to adjust 23 m2 recovered land from agriculture land to garden land adjacent to residential land (40% residential land). The city has identified the origin of land and decided to pay compensation for 12 m2 garden land and 11 m2 residential land. Althought, HH and not yet received compensation with some comments but they have handed over ground to construct

Land area of Mr. Can can be not acquired. He will be compensated additionally if they construct

8. Điện Biên ward

Lê Văn Ngân và Đoàn Hoàng Long

0923307999

Vice chairrman of ward land registry offices

All of AHs also have received money and handed over ground with consensus because of Province’s priority policies for the Project. The area of occupied land are compensated by 40% of residential land

There only 01 HH of Mr Linh (Decision 843) who stayed at collective block of the Voice has not yet received supportive money to move out because of working far from home.

There are 34/80 HHs have not yet decided receiving money or land in accordance with Decision 998 dated 01/03/2013. Therefore, the Project has not yet compensation (these are some HHs who will transfer 01 or 1/2 portion of resettled land depending on living time, and they can have right to receive land or money)

There are 07 HHs required the support in accordance with Decision 117-118- QD/Ttg about supplying house for people attending revolution (but not relevant to the Project) beside the compensation of the Project.

Resettled HHs required that the land price of resettlement site is 10 million VND/m2 for outside-road house and 5 million VND for inside-road house. Ensuring land acquisition price are higher than resettlement site price, and good infrastructure.

HHs are doing business at Hang Dong who satisfied with support level for kios acquisition.

There is one petition of Mr Nguyen Viet Dong who are living at the Voice ‘s collective block. At the first time, this HH was determined receiving the support level 1 as 175 million VND but some HHs living the same location questioned that Mr Nguyen Viet Dong is not enough conditions to receive this support. Therefore, now comfirm that this house is not enough to receive the support. (he has stayed here since 2004)

Have completely resolve The City is reviewing whether they are true beneficiaries of support levels (there have been petitions and complaints that some of them are not true beneficiaries) 5 collective organizations, namely: Thanh Hoa Provincial Post Office; Thanh Hoa Electric and Chemical Joint Stock Company; Thanh Hoa Broadcasting – Television Centre, Thanh Hoa Telecommunications; Thanh Hoa Army (Regiment 767). Such areas are compensated by infrastructure refunded method. Currently, Thanh Hoa province and the City are working hard to fulfill procedures for land allocation and infrastructure completion to assign

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to these organizations

9. Tân Sơn ward

Lê Xuân Hòa

Vice-chairrman of ward

Resettlement area 2953 in Nguyen Trai intersection was completed site clearance by the Province’ priority policies. Although, water, electricity, road have not yet constructed, 9 resettled HHs have received compensation money and handed over grounds.

City has a Dicision of handing over ground for 09 HHs, and 5/9 HHs have determined their land

There only HH of Mr Nguyen Ba Hung has not yet received compensation money following the Decision 7179 (12/2012) because: 8,3m2 can be recovered by Project’s initial design, but this area do not recover land, and must not pay compensation . The HH have not any comments. He required that the Project must compensate if the construction process effects his house

At the present, the City is approving some Decisions about additional compensation such as: supportive doing business, renting house and supportive moving for 09 HHs. These HHs said that supportive levels are suitable, and supportive moving is low.

At the present, the ward only receive petitions of 16 HHs who is renting kios at ground 2953 (must clear ground) required that they must have resettlement land

Resettlement HHs have had the Decisions for handing over land, and received some land lots. 4 out of 8 HHs are building their houses The city is considering a plan whether having land acquisition of Mr. Hung (8,3m2). His house is being evaluated the level of cracks to compensate The City is waiting to approve for additional support in accordance with the entitlement matrix of AHs

10. Phú Sơn ward

Dương Văn Xu Vice-chairman of ward Previous comments/petitions were resolved with consensus 30/31 HHs were paid by the Decision 209. The Project has not yet paid for HH of Mr

Nguyen Van Doan – Phu Tho because this is a priority HH who will be bought resettlement land (this is a wounded HH and the Project want keeping money to deduct the resettlement land price later)

14/14 HHs were paid by the Decision 1243. The Project want keeping money of HH of Mrs Dien to deduct the resettlement land price later

There are no water, electricity at ground 73 located near the ward. One electricity pole has just built but had no line. Infrastructure is completing. Some HHs received land but have not yet had any Decisions of handing over ground. They now have not any comments/petitions.

HH of Mr Doan was resolved enough benefits : distribute 01 land lot following to standard + have right to buy 02 land lots + Ward People's Committee give borrowing a house to live while his family was waiting to receive resettlement land Infrastructure of ground 73 has yet to have electricity and water and not have Decision allocation for resettlement HHs

Nguyễn Văn Đoàn Phú Thọ 2 He is a wounded HH. His land was recovered but it remains enough to stay. He had a petition about buying resettlement land and the Project agreed with him. And he required that he need somewhere to live in meanwhile he move.

The same above

11. Quảng Thắng commune

Đỗ Anh Bắc Vice-chairman of commune

ssues have been resolved well. Only resettlement area 889 has water connection, but no electricity

Ground 889 and 1862 have yet to have electricity

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