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Social Monitoring Report

Fourth Quarter Progress Report October to December 2013

VIE: GMS Kunming Haiphong Transport Corridor

Noi Bai–Lao Cai Expressway Technical Assistance

Project

Prepared by Vietnam Expressway Corporation for the Asian Development Bank.

NOTE

In this report, "$" refers to US dollars unless otherwise stated. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

VIETNAM EXPRESSWAY CORPORATION

NOI BAI – LAO CAI EXPRESSWAY PROJECT

ADB Loan 2391/2392 VIE

FOURTH QUARTERLY PROGRESS REPORT

FROM OCTOBER TO DECEMBER, 2013

VINH YEN, 5th JANUARY 2014

ADB LOAN 2391/2392-VIE: NOI BAI – LAO CAI HIGHWAY PROJECT. SUPERVISION CONSULTING SERVICES 4TH QUARTERLY PROGRESS REPORT. OCTOBER TO DECEMBER .2013 OF RESETTLEMENT AND SOCIAL DEVELOPMENT�

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ABBREVIATIONS

ADB - Asian Development Bank

AEMH - Affected Ethnic Minority Households

AHH - Affected Household

AP - Affected Person

CARB - Compensation, Assistance and Resettlement Board

CNA - Community Need Assessment

CPC - Commune People Committee

CRC - Communal Resettlement Committee

DCARB - District Compensation, Assistance and Resettlement Board

DIRMC - District Income Restoration Management Committee

DMS - Detail Measurement Survey

DOLISA - Department of Labour, Invalid and Social Affairs

DoT - Department of Transportation

DPC - District People Committee

EM - Ethnic Minority

EPMU - Expressway Project Management Unit

GOV - Government of Viet Nam

IOL - Inventory of Losses

IRP - Income Restoration Program

LA-PMU - Land Acquisition Provincial Management Unit

LURC - Land Use Rights Certificate

NB-LC - Noi Bai-Lao Cai

PCARB - Provincial Compensation, Assistance and Resettlement Board

PIRSB - Provincial Income Restoration Steering Board

PPC - Provincial People Committee

PSC - Project Supervision Consultant

R&SD - Resettlement & Social Development

REMDP - Resettlement and Ethnic Minority Development Plan

ROW - Right of Way

RS - Resettlement Site

RSDG - Resettlement and Social Development Group

RTF - Resettlement Task Force

SAHs - Severely Affected Households

SRU - Social and Resettlement Unit

VEC - Vietnamese Expressway Cooperation


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Contents

EXECUTIVE SUMMARY .......................................................................................................................... 5

I. INTRODUCTION ................................................................................................................................ 7

1. Background ..................................................................................................................................... 7

2. Functions of Resettlement and Social Development Group .................................................... 7

II. RESETTLEMENT COMPONENT .................................................................................................... 9

A. Land acquisition, compensation and resettlement progress ................................................... 9

1. Land acquisition progress ......................................................................................................... 9

2. Compensation and assistance progress ................................................................................ 9

3. Status of existing obstructions and grievances by the affected households ................... 10

4. Status of electric lines, telecommunication lines have not been removed and status of reconstruction for affected public buildings .................................................................................. 12

5. Resettlement Site Development and Relocation/Transfer progress ................................ 12

III. ISSUES ON GENDER, ETHNIC MINORITY AND VULNERABLE GROUP ...................... 13

a) Gender issues ........................................................................................................................... 13

b) Ethnic Minority Issues .............................................................................................................. 13

IV. INCOME RESTORATION PROGRAM (IRP)........................................................................... 15

V. OTHER ISSUES ............................................................................................................................... 23

Status of implementation of the corrective action plan and Pending issues found by ADB Mission; .................................................................................................................................................. 23

VI. CONCLUSION, RECOMMENDATIONS AND PLAN ............................................................. 27

A. Conclusion and Recommendation ............................................................................................. 27

1. Resettlement component ........................................................................................................ 27

2. Income Restoration Program .................................................................................................. 27

B. Action Plan for Next Quarter ....................................................................................................... 27

1. Resettlement Issues .................................................................................................................... 27

2. Income Restoration Program...................................................................................................... 27


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LIST OF TABLES

Table II-1 Land acquisition status by packages ............................................................................ 9

Table II-2 Progress of compensation and assistance by December 2013 .................................. 10

Table II-3 Summary of grienvances/complaints of AHs at the end of December 2013............... 11

Table II-4 Summary of grienvances/complaints of AHs from October to December 2013.......... 11

Table II-5 Status of Resettlement Sites Development ................................................................ 12

Table II-6 Status of relocation and transfer by December 2013 ................................................. 13

Table IV-1 Status of Budgets used for implementing of the IRP ................................................. 16

Table IV-2 Progress of IRP activities implementation ................................................................. 17

Table IV-3 Updated IRP Situation ............................................................................................... 20

Table IV-4 Overall IRP Progress ................................................................................................. 22

LIST OF FIGURE

Figure I-2 Organization Chart for Resettlement and Social Development Group ......................... 8

LIST OF ANNEX

Annex 1: The status of relocation and transfer by commune

Annex 2: The status of resettlement site development

Annex 3: The Visual monitoring forms on progress of land acquisition by station

Annex 4: Aide Memoire of ADB Mission from 7th to 18th October 2013. (Resettlement and income restoration program)


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EXECUTIVE SUMMARY

Land Acquisition Progress

1. In the total of 2,061.78 ha of affected land, at the time of this report an amount of 2,061.77 ha have been acquired so far and the remaining land is 0.01 ha (or 0.01%) belonging to the package A6 in Yen Bai province. However, because the remaining land is located in area for phase 2 of contructing so this will not affect to the progress of implementing for the Noi Bai – Lao Cai highway project in this phase.

Status of Obstruction and grievances in Land acquistion and resettlement 2. Total of grievances along the eight packages is 66 HHs. In of which, 49 households have complained regarding to compensation rate for their assets which are affected by construction activities of the contractors along 8 packages and 9 households complained about the result of detail measure survey (DMS).

Status of compensation and assistance

3. Of the total 25,021 households, 25,017 households have received fully compensation and assistances already, it supposes about 99.98 % from the total. There are Four (4) remaining households who have refused to receive the compensation, of which Two (2) households were in Phu Ninh district, Phu Tho province, Two (2) were in Van yen district, Yen Bai province.

Resettlement site development progress

4. All of resettlement sites (100 %) have been completed so far and all of these resettlement sites have electric/water facilities. However, infrastructures of some relocation sites have been broken after time of using of the relocated households, some others have been broken by other provincial projects and some relocation sites have just been approved for additional technical designs as requested by the relocated households therefore that have yet to construct.

Status of Relocation and Transfer

5. To date, an amount of 2,496 households have been approved for getting the plot in the relocation sites, and all of 2,496 households have received land plot in the resettlement sites so far.

Gender Issues in Resettlement and Land Acquisition

6. In general, this quarter for gender issues are not any different than the previous quarter, the affected households have participated in the income restoration program of the project. Especially the female headed households, according to the program, they have been priority to attend the program with the model suited to them as models of animal husbandry, cultivation. Before implementing these models for participating households, the district income restoration management committee (DIRMC) organized technical training to support the participating households, especially women and ethnic minorities households

Ethnic minority issues in Resettlement and land acquistion


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7. It same to the gender issues, in general, this quarter for ethnic minority issues are not any different than the previous quarter, the EM affected households have participated in the income restoration program of the project. Especially the female headed households, according to the program, they have been priority to attend the program with the model suited to them as models of animal husbandry, cultivation. Before implementing these models for participating households, the district income restoration management committee (DIRMC) organized technical training to support the participating households, especially women and ethnic minority households.

Income Restoration Program

8. Demonstration phase: To date, all of demo IRP activities have been implemented to the affected households and some IRP activities have generated the income for the participating households and some households have restored for their livelihood so far.

9. Full implementation phase: at the end of December 2013, VEC has transferred an amount of 80,761,573,500 VND to all DIRMCs of Lao Cai, Yen Bai, Phu Tho and Vinh Phuc provinces for implementation the IRP activities to the affected households. However, the local IRP working groups have used an amount of 73,197,018,810 VND for their IRP activities only and amount of 9,192 households have received supports from the program so far.

10. For IRP implementation in Soc Son district, during ADB Mission in October 2013, it is decided that the IRP implementation will be conducted for severely affected households and vulnerable group in Soc Son district. So far, the DIRMC of Soc Son district has completed some steps for IRP implementation such as: (i) organized two (2) community needs assessment for severely affected households, (ii) identified the IRP activities, (iii) listed for IRP’s beneficiaries. The IRP proposal including budget and number participating households will be submit to VEC, ADB for approval with secon week of January 2014.


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I. INTRODUCTION

1. Background

11. The Noi Bai-Lao Cai Highway Project involves the construction of a new 244 km major highway. The highway starts at Soc Son District near Noi Bai International Airport in Ha Noi City and crosses the provinces of Vinh Phuc, Phu Tho, Yen Bai and Lao Cai towards the Chinese border in the North. A total of 20 districts and 76 communes will be traversed by the highway which is envisaged to be operational in 2014. The scope of the Project includes the construction of 4 lanes (i.e., 2 lanes each way) from Noi Bai to Yen Bai and 2 lanes (i.e., 1 lane each way) from Yen Bai to Lao Cai. However, The Government of Viet Nam (GOV) and VEC plan to construct additional 2 lanes for the Noi Bai-Viet Tri and Viet Tri – Yen Bai Section in 20 years. In light of this plan, resettlement impacts can not be avoided now on in the future regardless of Project financing, therefore, the full alignment (i.e., a right-of-way (ROW) of a minimum of 50 m width), will be acquired for the Project to avoid greater impacts in the future (resettlement, social, health, safety, and environment) and to ensure that land acquisition and resettlement impacts are planned and implemented in accordance with ADB’s social safeguards policies.

2. Functions of Resettlement and Social Development Group

12. Getinsa Ingenieria, S.L. in Association with Vision RI, Hafico Group and APECO have been selected to provide the services of the project supervision consulting (PSC) under the Project. Resettlement and Social Development Group (R&SD) under PSC will responsible for: (i) Assist VEC in land acquisition and resettlement, income restoration program, and social development activities; (ii) develop the skills of VEC staff on land acquisition and resettlement, social development assistance. 13. R&SD Group have 3 domestic specialists in Core Team now; consist of Deputy Team Leader of Social (National Resettlement Specialist), Livelihood Specialist, and ethnic minority specialist but also covering tasks relating to income restoration program (approved by ADB Mission in June 2013). Additionally, there are 4 Resettlement Specialists in 4 site team who assist core team to deploy the activities in their site. The work of the R&SD group in core team is temporary dividing into 2 main components: (i) Component 1: Resettlement issue: it includes all tasks relating to land acquisition, compensation, obstruction, relocation and resettlement site; (ii) Component 2: Income Restoration program (IRP): it includes all tasks to complete income restoration program such as establishing local working groups, speeding up IRP contracts, conducting training courses and commune need assessments, IRP proposals, monitoring and evaluation, etc. and Cross-cutting themes such as Gender and Ethnic Minority will be integrated in both 2 main components. Detail Structure of R&SD group is designed as the figure I- 1.


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Figure I-2 Organization Chart for Resettlement and Social Development Group

in Core Team and 4 site teams.

LIVELIHOOD SPECIALIST

DO QUOC TUAN

TEAM LEADER

JAVIER DE BONIFAZ

DEPUTY TEAM LEADER

PHAN QUANG HUY

CORE TEAM MANAGER

CARLOS MARTIN

AST. CORE TEAM MANAGER

TRINH DINH TOAN

DEPUTY TEAM LEADER OF SOCIAL TEAM

NGUYEN VINH PHU

SITE RESETTLEMENT SPECIALIST

1-2-3-4

ETHNIC MINORITY SPECIALIST

TRAN THI THUY


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II. RESETTLEMENT COMPONENT

A. Land acquisition, compensation and resettlement progress

1. Land acquisition progress 14. While the total of 2,061.78 ha of affected land, 2,061.77 ha have been acquired and handed over to the Employer and contractors so far and the remaining land is 0.01 ha (or 0.01%) belonging to the package A6 in Yen Bai province. However, because the remaining land is located in area for phase 2 of contructing so this will not affect to the progress of implementing for the Noi Bai – Lao Cai highway project in this phase. 15. Regarding length of alignment, the total length to be cleared for constructing is 244.7 km. To date, total of available length is 244.56 km (99.94%) and an amount of 0.14 km (0.06 %) is not available for constructing. In fact, some locations where the affected households have already received fully compensation and assistances, but they have yet to hand over their land to the project. In addition, there are some affected households are constructing their houses in the resettlement site so these households still have yet to remove from their affected land and or some households have removed already, but now they have reoccupied their land due to they have yet to receive the compensation for their assets affected during construction activities of the contractors. Thus, the alignment is still not available entitrely for construction such as in the Package A3, A4 and A5, although affected land have been acquired up to 100% and that means the affected households have received fully compensation and assistances.

Table II-1 Land acquisition status by packages

Project Area Length of alignment

Length of alignment available

Length of alignment

not available

Total of affected

land

Total of acquired

land

Total of remaining

land

(km) (km) (km) (ha) (ha) (ha)

A1 (Km0+080-Km26+700) 26.78 26.78 0 229.87 229.87 0

A2 (Km26+700-Km48+820) 22.12 22.12 0 158.55 158.55 0

A3 (Km48+360-Km80+000) 31.64 31.62 0.02 276.29 276.29 0

A4 (Km80+000-Km109+750) 29.75 29.73 0.02 240.35 240.35 0

A5 (Km109+750- km150+900) 41.15 41.10 0.05 388.98 388.98 0

A6 (km150+900-km190+420) 39.52 39.47 0.05 329.92 329.91 0.01

A7 (Km190+420-Km218+040) 27.62 27.62 0 205.06 205.06 0

A8 (Km218+040-Km244+155) 26.12 26.12 0 232.76 232.76 0

Total 244.7 244.56 0.14 2,061.78 2,061.77 0.01

2. Compensation and assistance progress

16. Of the total 25,021 households, 25,017 households have received fully compensation and assistances already, it supposes about 99.98 % from the total. There are Four (4) remaining households who have refused to receive the compensation, of which Two (2) households were in Phu Ninh district, Phu Tho province, Two (2) were in Van yen district, Yen Bai province.


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17. For six (6) households in Phu Tho province indicated in the report of last Quarter, during this Quarter, Four (4) out of Six (6) households have agreed to receive the compensation and assistance, however Two (2) remaining households who have still complained to the DCARB due to the frontage road is near their house and they are afraid that can impact to their house so they have refused to receive their compensation. The DCARB of Phu Ninh district continues to explain and convince them. 18. For two households in Van Yen district, Yen Bai province indicated in the report of last Quarter, the DCARB of Van Yen district have explained and convinced them many times, but they did not receive the compensation, therefore the local authorities still continue convincement them. However, these households’s asset are located in land area for phase 2 of NBLC highway project therefore these households will not affect to progress of contruction for this phase 1. .

Table II-2 Progress of compensation and assistance by December 2013

No. Package Affected households

(AHs)

Compensated

Affected households (AHs)

Percentage (%)

1 A1 4,653 4,653 100

2 A2 4,543 4,543 100

3 A3 6,206 6,204 99.96

4 A4 3,178 3,178 100

5 A5 2,554 2,554 100

6 A6 1,472 1,470 99.86

7 A7 820 820 100

8 A8 1,595 1,595 100

Total 25,021 25,017 99.98

19. Following the above table, almost of affected households have received the compensation and also handed over their land for the project, but there are still some obtructions along eight packages due to many different reasons. The next section will describe the detailed information of the obtructions of the Noi Bai – Lao Cai highway project.

3. Status of existing obstructions and grievances by the affected households 20. As aforementioned above, although all affected land have been acquired and almost affected households have received fully compensation and assistance, but during construction activities of the contractors there are many issues including subjective and objective that impact to the local people. Therefore, some affected households have reoccupied the acquired land, even some households have fenced some sections of the road and this also affects to the progress of project implementation. 21. The table below shows that the total of grievances along the eight packages is 66 HHs. In of which, 49 households have complained regarding to the compensation for their assets which are affected by construction activities of the contractors and 9 households complained about the result of detail measure survey (DMS). VEC has worked with the DCARBs and contractors to solve these issues and the contractor will undertake to compensate for all of affected assets of households during construction; however, sometime contractors are slowly in


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paying the compensation and assistance to the affected households, therefore the households have prevented activities on construction site. 22. Regarding to the issues of palm land that was described in the report of previous Quarter, the DCARB of Ha Hoa has resolved fully and affected households have no more complaint on this.

Table II-3 Summary of grienvances/complaints of AHs at the end of December 2013

Project Area

Total of grievances

by HHs

Main Reason of grievances

Complaints about

compensat. &

assistance

Complaints about

result of DMS

Disputes among HHs on LURC

Complaints about quality Resettlement

Sites

Related to the

Resettlement Site

Affected by construction

activies

A1 0 0 0 0 0 0 0

A2 0 0 0 0 0 0 0

A3 35 0 0 0 0 0 35

A4 2 0 0 0 0 0 2

A5 12 0 4 0 1 0 7

A6 16 0 5 3 3 0 5

A7 0 0 0 0 0 0 0

A8 1 1 0 0 0 0 0

Total 66 1 9 3 4 0 49

23. According to the data in the table II- 4 below, there were 72 grievances by October 2013, 66 grievances by November 2013 and 66 grievances by December 2013. The data shows that, the number of grievances/complaints have not changed during three month of this quarter. Therefore, VEC has requested PSC to coordinate more closely with the local authorities to limit the grievances from the affected households and also solve their issues promptly.

Table II-4 Summary of grienvances/complaints of AHs from October to December 2013

Project Area Total of grievances of AHs

October- 13 November -13 December -13

A1 1 1 0

A2 3 3 0 A3 23 23 35 A4 5 6 2 A5 13 12 12 A6 23 19 16 A7 0 1 0 A8 4 1 1

Total 72 66 66


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4. Status of electric lines, telecommunication lines have not been removed and status of reconstruction for affected public buildings

24. To date, almost of public facilities as electric systems, electric transmission lines, communication lines, public structures and these public facilities have been removed and replacement by new ones. Although in fact, there are still some electric lines have yet to remove but these lines will be buried underground to cross the expressway; therefore, the authorities are waiting for the expressway construction activities to reach the location of said transmission lines before these could be properly relocated. 25. Besides, there are some electrict lines which have been adjusted for its height level. However, these lines’s height - level are still not safety according to the standard of electrict safety regulation, even somes high voltage lines affect to the construction of the Noi Bai – Lao Cai highway project in the area of package A5 and A6 in Yen Bai province. With this regards, the VEC have worked closely with the Yen Bai PPC to direct the relevant agencies to solve these issues.

5. Resettlement Site Development and Relocation/Transfer progress a. Status of relocation site development

26. Since previous quarter, all of resettlement sites (100 %) have been completed and all of these resettlement sites have electric/water facilities. However, there are some relocation sites have been arisen the issues during this quarter such as Pho Lu reresettlement site having problem with the electric and water due to construction of the provincial road which is new road that has travelled through the resettlement site, therefore this road affected to the electric and water system of the relocation site. However these systems are being repaired by the local authority and soon operation. In addition, the infrastructures of some relocation sites have been broken after time of using of the relocated households and some relocation sites have just been approved for additional technical designs as requested by the relocated households therefore that have yet to construct. 27. During this Quarter, three (3) out of Eleven (11) broken resettlement sites have been repaired, in details as two (2) resettlement sites in Vinh Phuc province and One (1) resettlement site in Lao Cai province. Please see table II-5 for more details.

Table II-5 Status of Resettlement Sites Development

Project Area Total Resettlement Sites Completed Resettlement Sites

Note

A1 7 7 2 resettlement sites are repaired completely A2 13 13

A3 24 24 0

A4 10 10 0

A5 20 20 6 resettlement sites are being repaired A6 14 14

A7 3 (*) 3 (*) 0

A8 8 8

One (1) resettlement site has been repaired and Two (2) resettlement sites are

being repaired Total 99 99

(*) Freely resettle. No construction of resettlement sites


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b. Status of relocation and transfer

28. In this Quarter, 13 households have extra approved for entitlement to get a plot of land in the resettlement site of the project in Phu Tho province. So far, total of 2,496 households have been approved for getting the plot in the relocation sites, and all of 2,496 households have received land plot in the resettlement sites so far. 29. While plot of land in the resettlement sites have been allocated to 2,496 householders, 1,299 of them (or 52.04 %) have transferred to the resettlement sites and some households are building their houses there. The remaining households still have yet transfer to the resettlement sites due to different reasons such as follows: they have another house at other place or some households have built house on the their remaining land, some relocating households are looking for selling their allocated land plot in the resettlement site and some households keep land for their children., etc.

Table II-6 Status of relocation and transfer by December 2013

Project Area

HHs have been approved for relocating to Relocation

sites

Total of HH that have received land HH transferred or constructing

house in RS

Remaining HH without allocated

land

Received decision of land

allocation

Drew the number of plot in

RS

A1 202 202 0 172 0

A2 233 233 0 154 0

A3 590 590 0 258 0

A4 131 131 0 54 0

A5 251 251 0 143 0

A6 89 89 0 23 0

A7 392 392 0 392 0

A8 608 608 0 103 0

Total 2,496 2,496 0 1,299 0

III. ISSUES ON GENDER, ETHNIC MINORITY AND VULNERABLE GROUP

a) Gender issues

30. In general, this quarter for gender issues are not any different than the previous quarter, the affected households have started to participate in the income restoration program of the project. Especially the female headed households, according to the program, they have been priority to attend the program with the model suited to them as models of animal husbandry, cultivation. Before implementing these models for participating households, the district income restoration management committee (DIRMC) organized technical training to support the participating households, especially women and ethnic minority’s households.

b) Ethnic Minority Issues

31. It same to the gender issues, In general, this quarter for ethnic minority issues are not any different than the previous quater, the affected households have started to participate in the income restoration program of the project. Especially the female headed households, according to the program, they have been priority to attend the program with the model suited to them as


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models of animal husbandry, cultivation. Before implementing these models for participating households, the district income restoration management committee (DIRMC) organized technical training to support the participating households, especially women and ethnic minority households..


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IV. INCOME RESTORATION PROGRAM (IRP)

a) Community needs assessment and demonstration phase

32. Total of 515 households participated in the IRP in demonstration phase, and these households have received full assistances for IRP activities. To date, pilot IRP activities have been completed for first cycle and generation the income for the households. Through actual survey, after selling products from pilot IRP activities almost households still keep continueously these IRP activities, even some households have invested more than the cost norm of IRP activities and consideration that to be main income source. 33. An amount of 6,508,805,000 VND has been approved for implementation of community need assessment and demonstration phase for provinces of Lao Cai, Yen Bai, Phu Tho and Vinh Phuc (including management and pilot IRP activities), up to now, VEC has transferred with total of 5,963,774,000 VND to local IRP working groups, and the remaining budget is 545.031.000 VND. This budget will be transferred to local IRP working group once fully receiving eligible liquidation documents for phase of need assessment and demonstration. 34. Of the total transferred budget (5,963,774,000 VND), to date VEC has received liquidation documents for total of 2,766,252,000 VND. These liquidaion documents have been reviewed by the external monitoring organization (EMO) and almost are not eligibility. In this Quarter, EPMU NBLC has sent its comments on the liquidation documents of the districts to request them for supplementary of lacking documents. However at the end of this Quarter, EPMU NBLC has yet to receive any response from the district IRP working group. At present, EPMU – NBLC and PSC are coordinating to local IRP working groups to supplement documents and submission liquidation documents for remains. 35. During implementation demonstration phase, some breeding stocks have been dead and ADB, VEC have agreed to additional fund for replacement. However, these budgets have yet to transfer to local authorites so far.

b) Status of the IRP full implementation 36. Total of 106,040,797,125 VND (including management and IRP activities) for full implementation phase, at the end of last Quarter, VEC has transferred with an amount of 80,293,952,200 VND to Lao Cai, Yen Bai, Phu Tho and Vinh Phuc province for implementing IRP actities. 37. During this Quarter, VEC has extra sent with an amount of 467,921,500 VND to PIRSB of Phu Tho province and DIRMC of Van Yen district as management fee. Therefore, at the end of December 2013 VEC has transferred to provinces of Lao Cai, Yen Bai, Phu Tho and Vinh Phuc with total of 80,761,573,500 VND, of which 789,056,500 VND are management budget for DIRMCs of Ha Hoa, Thanh Ba, Phu Ninh, Phu Tho town, Viet Tri city, PIRSB of Phu Tho province and DIRMC of Van Yen district. 38. To date, the local IRP working groups have used an amount of 73,197,018,810 VND for IRP activities. The below table 5.6 describes detailed information for status of transfering budget for IRP and implementation IRP activities.


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Table IV-1 Status of Budgets used for implementing of the IRP

Unit: VND TT PIRSB/DIRMC Total of approved

budget Total of transferred

budget Total of used

budget I Lao Cai province 12,185,904,725 9,352,057,500 10,794,643,500

1 PIRSB of Lao Cai province 230,680,090 0 0

2 DIRMC of Lao Cai city 1,007,128,800 374,000,000 938,960,000

3 DIRMC of Bao Thang district 7,671,548,415 6,165,531,500 6,697,769,500

4 DIRMC of Van Ban district 989,716,700 725,300,000 960,890,000

5 DIRMC of Bao Yen district 2,286,830,720 2,087,226,000 2,197,024,000

II Yen Bai province 22,160,489,000 20,948,644,200 16,505,940,000

1 PIRSB of Yen Bai province 419,443,600 0 0

3 DIRMC of Van Yen district 14,524,041,400 14,084,860,500 11,659,060,000

4 DIRMC of Tran Yen district 5,677,133,400 5,368,766,700 3,360,860,000

5 DIRMC of Yen Bai city 1,539,870,600 1,495,017,000 1,486,020,000

III Phu Tho province 36,498,346,400 31,429,896,000 29,856,478,000

1 PIRSB of Phu Tho province 516,882,000 258,441,000 0

2 DIRMC of Ha Hoa district 5,768,728,000 5,578,190,000 5,578,178,000

3 DIRMC of Thanh Ba district 3,838,680,000 3,783,130,000 3,241,590,000

4 DIRMC of Cam Khe district 12,109,996,400 11,290,880,000 10,981,330,000

5 DIRMC of Lam Thao district 1,275,410,000 531,600,000 603,000,000

6 DIRMC of Phu Tho town 3,511,080,000 2,918,000,000 2,904,410,000

7 DIRMC of Phu Ninh district 3,229,220,000 3,139,760,000 2,998,820,000

8 DIRMC of Viet Tri city 6,248,350,000 3,929,895,000 3,549,150,000

IV Vinh Phuc province 35,196,057,000 19,031,276,000 16,039,957,310

1 DIRMC of Vinh Phuc province 35,196,057,000 19,031,276,000 16,039,957,310

2 Phuc Yen Town 2,723,810,000 844,370,714

3 Binh Xuyen district 10,628,229,000 5,535,265,750

4 Tam Duong district 6,884,202,000 2,649,062,000

5 Lap Thach district 7,354,155,000 3,364,228,846

6 Song Lo district 5,937,650,000 3,647,030,000

Total 106,040,797,125 80,761,873,700 73,197,018,810


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39. After receiving budgets from VEC, the local IRP working groups immediately started IRP implementation and hand over IRP activities to AHs as their plan and the capacity of qualified suppliers. 40. Until now, 9,192 households have received supports from the program. Particularly, the Van Ban district and Lao Cai city have fully completed IRP implementation with 100% of beneficiaries of the IRP received supports. The table IV.2 below describe more detail information on implementing the IRP by districts.

Table IV-2 Progress of IRP activities implementation

TT District Approved IRP’s

beneficiaries

Households received

assistances

HHs have yet to receive

assistances

Remarks

I Vinh Phuc Province 4,160 2,015 2,145

1 Phuc Yen town 338 109 229 Replacement for dead pigeon in 9 households

2 Binh Xuyen district 1,339 709 630

3 Tam Duong district 850 327 523 Replacement for dead pigeon in 3 households

4 Lap Thach district 872 392 480

5 Song Lo district 761 478 283

II Phu Tho province 4,560 3,945 615

1 Viet Tri city 787 486 301

2 Phu Ninh district 396 378 18

3 Phu Tho town 437 401 36

4 Huyện Lâm Thao 157 78 79

5 Thanh Ba district 529 451 78

6 Cam Khe district 1,541 1442 99

7 Ha Hoa district 713 709 4

III Yen Bai province 2,496 1,982 514

1 Yen Bai city 177 176 1

2 Tran Yen district 694 438 256

3 Van Yen district 1,625 1368 257

IV Lao Cai province 1,332 1,250 82

1 Lao Cai city 123 123 0 Supplementary 2 sows for 10 households

2 Bao Thang district 859 779 80

3 Bao Yen district 198 196 2


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TT District Approved IRP’s

beneficiaries

Households received

assistances

HHs have yet to receive

assistances

Remarks

4 Van Ban district 152 152 0

Total 12,548 9,192 3,356 Replacement and supplementary for 22 HHs

41. For IRP implementation in Soc Son district, during ADB Mission in October 2013, it is decided to implement the IRP for severely affected households and vulnerable groups in Soc Son district. At the end of this Quarter, the DIRMC has completed some actions such as (i) restructured for member of the DIRMC, (ii) completed the list of households who are entitled to take a part in the IRP, (iii) organized two (2) community needs assessment with 10% of beneficiaries in Thanh Xuan and Tan Dan communes, and (iv) identified the IRP activities that will be implemented in Soc Son district.

42. As scheduled, the IRP proposal for Soc Son will be submitted to VEC and ADB for approval within first month of 2014 and IRP activities will be implemented for all severe affected household and vulnerable groups in Soc Son within February 2014.

c) Issues in IRP implementation. 43. During IRP implementation, local IRP workings groups have asked and requested to clear about difinition/criteria of vulnerable group. Therefore, on November 5th 2013, ADB issued the letter relating to clearly the difinition/criteria of vulnerable group to take a part of IRP. Following, on November 8th 2013, VEC issued the official letter No. 3835/VEC-QLTC to provinces on clearing for the difinition/criteria of beneficiaries for participating in the IRP. 44. In Lao Cai province: the DIRMC of Bao Thang district has implemented supplying to 134/216 households with an amount of 480 Kg of mash which is more than approved mash (290kg). However, during ADB Mission in October 2013, ADB and VEC have accepted these households do not need to return for over part of the provided mash and the remaining households must to be implemented following to approved mash. Besides, after appraising for price of materials of IRP, the budget of some IRP activities have been increased but not excess 10% of contingency, so the DIRMC has submited the letter No. 92/TTr-BQL CTPHTN dated on October 24th 2013 regarding to adjustment of budget of IRP activities and using contingency for VEC’s consideration and approval. On December 5th 2013, VEC issued the letter No. 4201/VEC-QLTC regarding to adjustment of budget of IRP activities and using contingency of Bao Thang district, in that it mentioned on agreement with ADB’s comment for 134 households and remaining households must to be implemented following the approved quantity (290 Kg/HH). 45. In Phu Tho province: During implementation IRP, the DIRMCs of Phu Tho province has proposed for adjustment and supplementary for the IRP activities. After review proposals, VEC issued the letter No.3975/VEC-QLTC dated on November 20th 2013 on agreement for some proposals in implementing the IRP in Phu Tho province including: accept for districts of Ha Hoa, Lam Thao and Phu Ninh to be supplemented for chick warming tools; accept supplementary vaccine for sow breading; accept for two (2) households sharing assistance from IRP to buy one cow; and accept for Lam Thao district to change from local cow to lai sind cow as expectation of households. 46. In Vinh Phuc province, due to big amount of household’s registerred for lai sind cow raising so the DIRMC can not find for a qualified supplier. DIRMC has proposed VEC to accept to implement with tripartite contract (non VAT invoice, only receive) – Letter No.


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6047/BCDCTPHTN dated on October 22th 2013, then VEC issued the letter No. 4114/VEC-QLTC dated on November 28th 2013 on accept for proposal of Vinh Phuc province relating to lai sind cow breading. 47. Due to some IRP activities were missed the season time and it must to be postponed to the next season, (approximately March/April 2013) for ensuring effectiveness of the IRP activities such as fish farming and these proposals have been accepted by VEC and ADB Mission in October 2013.


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Table IV-3 Updated IRP Situation

No. LOCATION

ACTIVITIES

Establishment

of PIRSB/ DIRMC

Signing contract

Orientation meeting

Training for DIRMC’s working group

Community Need

Assessment

Prepare IRP

proposal

Submit IRP proposal

for approval

IRP proposal implementation

I. HANOI CITY

1. Soc Son district

II. VINH PHUC PR.

1. Phuc Yen Town

2. Binh Xuyen dist

3. Tam Duong dist

4. Lap Thach dist

5. Song Lo dist

III. PHU THO PR.

1. Viet Tri city

2. Phu Tho town

3. Thanh Ba dist

4. Cam Khe dist

5. Ha Hoa dist

6. Lam Thao dist

7. Phu Ninh dist

IV. YEN BAI PR.


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No. LOCATION

ACTIVITIES

Establishment

of PIRSB/ DIRMC

Signing contract

Orientation meeting

Training for DIRMC’s working group

Community Need

Assessment

Prepare IRP

proposal

Submit IRP proposal

for approval

IRP proposal implementation

1. Yen Bai city

2. Tran Yen dist

3. Van Yen dist

V. LAO CAI PR.

1. Lao Cai city

2. Van Ban dist

3. Bao Thang dist

4. Bao Yen dist

Notes:

: Completed : Ongoing


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Table IV-4 Overall IRP Progress

No. ACTIVITIES 2013 2014 Completion

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Quantity %

1 Establishment of PIRSB/ DIRMC

25/25 100

2 Signing contract 23/25 92

3 Orientation meeting 5/5 100

4 Training for DIRMC’s working group

5/5 100

5 Community Need Assessment

5/5 100

6 Prepare IRP proposal 20/20 100

7 Submit IRP proposal for approval

20/20 100

8 Reviewing and approving IRP proposal

19/20 95

9 IRP proposal implementation

19/20 95

Notes:

: Plan : Completed : Ongoing

ADB LOAN 2391/2392-VIE: NOI BAI – LAO CAI HIGHWAY PROJECT. SUPERVISION CONSULTING SERVICES 4th QUARTERLY PROGRESS REPORT. OCTOBER - DECEMBER, 2013 OF RESETTLEMENT AND SOCIAL DEVELOPMENT�

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V. OTHER ISSUES

Status of implementation of the corrective action plan and Pending issues found by ADB Mission; 48. Until now, almost of issues in the corrective action plan have been solved among affected provinces of Lao Cai, Phu Tho, Vinh Phuc and Soc Son district except Yen Bai province. The pending issues in Yen Bai province are relating to resettlement sites and electric lines. The main reason is reconstruction over scale of affected public facilities. 49. Beside the above mentioned issues, during ADB Mission from 12 to 25 June 2013, some other issues were found by the ADB Mission. However, almost of these issues have been resolved completely during this Quarter except some issues as below: Ord. Province Issues

Requested by ADB

Mission Status of solving Issues

1 Yen Bai Two houses in Van Yen District constructed parts of their houses on the ROW, details: Household: Tran Van Nghi, Cua Ngoi village, An Thinh Commune, Van Yen district Household: Phuong Dang Huy, Village 7, Tan Hop commune, Van Yen district

Van Yen DPC works with the two households to move the parts of the houses out of the ROW in July, 2013

Not Yet solved completely, At present, the DCARB is convincing them to remove.

2 Phu Tho Household Hoang Van Ben in Thanh Ba who already received payment but constructed a small shrine in the ROW.

It will be solved in July 2013

Thanh Ba district requested contractor to compensate for the shrine of AH, however, contractor has yet to construct at this location, so no action. During this Quarter, EPMU requested the contractor to mobilize construction machines meanwhile negotiation with this household.

3 Vinh Phuc Another issue that is being resolved between PPC and VEC is related to the PPC Resolution No 20/2008/NQ-HDND requiring Vinh Phuc to use its own local funds to provide cash assistance to all households losing agricultural land between 1 January 1997 to 31 December 2013 which is equivalent to 108 kg of paddy rice per 360 sq.m. per year multiplied by 5 years

VEC aim to resolve this issue by July 2013

Not Yet solved completely, due to Viet Nam Development Bank did not accept for submitted documents of Vinh Phuc province


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50. In addition, from 7th to 18th October 2013, there was an ADB Mission that was composed of Mr. Yasushi Tanaka, Principal Transport Specialist/Mission Leader, Ms. Mailene Buendia, Senior Safeguards Specialist (Resettlement); Mr Kang Hang Leung, Finance Specialist; Mr.Mitsuhiro Yao, Transport Specialist; and Mr. Tran Quy Suu, Resettlement Specialist/Staff Consultant from Transport and Communications Division (SETC), Southeast Asia Department. The Mission is to review progress of the Noi Bai – Lao Cai (NBLC) Highway Project and prepared fact-finding for the requested additional financing. 51. Some other issues of Land acquisition and income restoration program were found by ADB Mission such as: (i) 138 affected households have yet to receive compensation and assistance; (ii) 11 uncompleted relocation sites (RS); (iii) 5.925 AHs/ 13.063 approved AHs have received IRP activities; (iv) 27 Million USD in loan of 40 Million USD has been used; (v) IRP implementation in Soc Son district; (vi) 32 pending grievances at the time of ADB Mission; (vii) Tele-communication and electric lines remaining in the ROW; (viii) Mobilization of External Monitoring Organization (EMO); and (ix) Resettlement Plan Addendum. 52. However, After the ADB Mission, the Ministry of Transport, VEC have closely coordinated with PPC of Hanoi city, Vinh Phuc, Phu Tho, Yen Bai and Lao Cai provinces to solve the pending issues in Land Acquisition, Resettlement and Income Restoration Program. 53. At the end of this Quarter, almost of the raised issues have been solved or its’ significant solution progress, such as: (i) out of 138 AHs have yet to receive compensation and assistance, there are only 2 AHs left at the moment; (ii) out of the raised 11 Resettlement Sites, 3 RS has been repaired, one (1) RS drainage system damaged by relocated households’ material transportation, remainings RS are being repaired parallel with agreement processing between VEC and LA PMU on over scale/scope of RS to divide budget responsibilities of VEC and province; (iii) it is noted that IRP implementation has significant progress in period from August to now, because the budgets were transferred satisfying the Handing-over Plan of material/ breeding stock and season. To December 31st, 2013, there are 9,707 AHs including 515 HHs in demonstration phase received assistance from IRP; (iv) disbursement of the 40 Million USD is prioritized by VEC once receiving full request of payment from local authorities; (v) after ADB’s letter dated on November 5th, 2013 on vulnerable group definition/criteria, immediately activities for Soc Son IRP have been conducted such as: community needs assessment, completion for listing IRP’s beneficiaries following ADB’s criteria, IRP’s proposal for Soc Son district will be submitted on 6 to 10 January 2014; (vi) of the total 32 grievance cases, there are only 2 case remain; (vii) almost telecommunication and electric lines were removed, the remains are being solved and related with closely and safety procedure of electricity sector; (viii) VEC is reviewing the draft of Contract Addendum, TOR and budget for EMO mobilization; (ix) VEC has instructed the PSC to promptly implement activities for preparation Resettlement Plan Addendum. Now, the PSC submitted TOR and budget for (a) Socio-economic Survey, Public Consultation meetings and (b) Replacement Cost Survey. On December 20th 2013, VEC submitted to ADB the aforementioned document as letter No. 4425/VEC-QLTC, at present these contents are being reviewed by ADB. VEC is waiting for ADB’s letter on approval to implement next steps. Please see below table for more details: No Issues Settlement Status 1 138 affected

households have yet to receive compensation and assistance

At the moment, there are only 2 AHs refused receiving the compensation related with construction for frontage road at the over bridge nearby to the NH2, in Phu Tho province.

2 11 uncompleted relocation sites (RS)

Out of 11 raised Relocation Sites, 1 RS has drainage system damaged by material transport by AHs for their construction, however, the local authorities still have consideration and review to support it partly (Sau Giang RS in Due Bac commune, Song Lo district, Vinh Phuc province). In addition, 3 RS have been restored (Thuong Yen RS in Dong Thinh commune, Song Lo district, Vinh Phuc province was stone-embanked, landslide-protected; An Thang RS in Son Ha commune, Bao Thang, Lao Cai has


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No Issues Settlement Status functional electricity system; and Linh Due RS in Yen Bai was inspected water quality by provincial task force), only 7 RS left:

+ Yen Bai province: (5 RS) Dai An village RS has not been completed for stone embankment, relocation site of Cua Ngoi village has not completed for assess road; Ngoc Chau village RS has not been completed for drainage system; the drainage system of Village 2,3 RS has been broken; Village 5,7 RS has not been connected to local electric system. These RS are being restored parallel with agreement processing between VEC and LA PMU on over scale/ scope of RS to divide budget responsibilities of VEC and province.

+ Lao Cai province: (2 RS) the electric and water system of Pho Lu RS has been broken due to construction for provincial road; the drainage system of An Hong RS has been broken. These RS are being restored.

3 Progress of IRP implementation

Up to December 31th, 2013, 9,707 affected households have received assistances from Program, reasons of 3,356 AHs are below:

(i) DIRMCs have to comply with financial procedures, such as: price appraisal, supplier selection, provision contract signing, etc; (ii) the number of breeding stock is very big, it takes long time for Providers to provide quality breeding stock; (iii) some specific IRP activities are depended on season, and (iv) the number of AHs registered for model of lai sind cow in Vinh Phuc province is very big, therefore it is difficult to find providers.

4 27 Million USD in loan of 40 Million USD has been used

Now, almost of local request for payments have been solved by VEC, only some documents remains which are related to public structures, RS which have yet to be agreed on scale/scope; and assistances approved by the provinces are not as applicable regulation. Completion of disbursement for 40 Million USD needs to have request for payment and full local eligible documents.

Regarding supporting document submission, the EMO certified eligible supporting documents with total amount of 14.5 million USD, including (i) 391,000 USD documents sent to ADB VRM; (ii) 1.5 million USD documents are being reviewed by the MOF; and (iii) 12.6 milllion USD documents, VDB requested to supplement notarized documents.

5 IRP implementation in Soc Son district

At the Aide Memoire of ADB Mission in October 2013, it is agreed that IRP proposal will be submitted in December 2013.

The fact is after ADB Mission, until November 5th, 2013 ADB just issued the letter clarifying IRP’s beneficiaries.

In December 2013, DIRMC of Soc Son district, VEC and Getinsa have organized two (2) community needs assessments for households in communes of Thanh Xuan, Tan Dan and also IRP activities have been designed and agreed by DIRMC and Beneficiaries. Meanwhile, the DIRMC has completed for listing of IRP’s beneficiaries and now the DIRMC is organizing for households to register IRP activities. Plan to submit the IRP’


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No Issues Settlement Status proposal in week from 6 to 10 January 2014.

6 32 pending grievances at the time of ADB Mission

Solved. The only 2 cases in Phu Tho complained relating to the frontage road near by the NH2, due to their house is located near frontage road therefore they are concerning that their house may be affected.

7 Telecommunication and electric lines remaining in the ROW

Are being removed and solved, because the closely and safety procedure of Electricity Sector.

8 Mobilization of External

Monitoring Organization

(EMO)

As requested by ADB, VEC needs to mobilize EMO at the end of November, in order to submit monitoring report in December 2013.

With regards to signing of contract addendum for extension and supplementary Term of references to mobilize the EMO, payment for implemented monitoring activities needs to be solved. On November 13th, 2013, VEC has accepted for second payment of the EMO. On November 19th, 2013 EPMU - NBLC has a letter to request EMO checking on status of implementation, proposal of contract addendum. It is expected that mobilization of EMO will be in early December 2013 after signing the contract addendum.

9 Resettlement

Plan

Addendum

Preparation activities of RP Addendum are being implemented urgently by the PSC, including: (i) collecting the data of additional households due to additional land acquisition of the project; (ii) Socio - Economic Survey and public consultation meeting which will be conducted by the social team of PSC, and (iii) replacement cost survey that will be conducted by the independent - sub consultants.

On December 20th 2013, VEC has issued the letter No. 4425/VEC- QLTC to ADB for review and approval on the TOR of SES and RCS. VEC is waiting for ADB’s approval


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VI. CONCLUSION, RECOMMENDATIONS AND PLAN

A. Conclusion and Recommendation

1. Resettlement component 54. In General, Implementing land acquisition and compensation has been improved during this quarter. Almost of land have been acquired for the project and almost of affected households have received full compensation for their affected assests exception Four (4) households in provinces of Phu Tho and Yen Bai. However, VEC has requested PSC to work closely with the local resettlement committee to make the payment to these AHs soon.

2. Income Restoration Program 55. General, the income restoration programs (IRPs) has been improved significantly during this quarter. The proposed IRP activities are suitable with the affected households and the demo IRP activities have been carrying out very well in three provinces of Lao Cai, Yen Bai and Vinh Phuc and that are helping the households to restore their income due to some demo IRP activities have generated the income for the participating households. The activities for full implementation are also going on very well and the progress will meet the planed as ADB’s requirement.

B. Action Plan for Next Quarter

1. Resettlement Issues

56. Working more closely with the provinces to (i) make the payment for the households who have yet to receive the compensation and assistance; (ii) coordinate with the provinces to solve the existing resettlement issues that were requested by ADB mission.

2. Income Restoration Program

57. Working more closely with the provinces of Lao Cai, Yen Bai, Phu Tho, Vinh Phuc and Soc Son district to promote implementation for full implementation phase of the income restoration programs.

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