vie: ha noi metro rail system project (line 3: nhon ha noi … · 2019. 9. 30. · page 1 of 58...
TRANSCRIPT
Social Monitoring Report
External Quarterly Resettlement Monitoring Report (April – June 2019) July 2019
VIE: Ha Noi Metro Rail System Project (Line 3: Nhon
– Ha Noi Station Section)
Prepared by External Resettlement Monitor for Ha Noi People’s Committee and the Asian Development Bank.
NOTE
In this report, “$” refers to US dollars. 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.
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Quarterly Report – Quarter 2/2019
EXTERNAL RESETTLEMENT MONITORING REPORT
Project Number: 40080-013
Loan Number: 2741-VIE
Reporting Period: 01 April 2019 to 30 June 2019
Report Code: MRB_EQRMR_18.01_Version 01
VIE: HANOI METRO RAIL SYSTEM PROJECT
Line 3: Nhon - Ha Noi Station Section
Hanoi, July 2019
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AMENDMENTS RECORD
Revision number
Date Amendment Description
01 July 12th, 2019 First edition
No Topic Person in charge Position
1 Prepared by Pham Quang Minh External Resettlement Monitoring Expert
2
Reviewed by
Tran Tuan Anh Responsible of LAR
Jose Carlos Pazos Team Leader
Francisco Javier.Bonifaz Project Representative
3 Supported on database by
Nguyen Duy Tung MRB officer
Prepared by:
Date: July 12th, 2019
Reviewed by:
Pham Quang Minh
External Resettlement Monitoring Expert
José Carlos Pazos Riaño
Team Leader – PMS2
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ABBREVIATIONS
ADB - Asian Development Bank
AFD - Agence Francaise de Development
AH/AP - Affected household/affected person
CP - Compensation Plan
DMS - Detailed Measurement Survey
DOC - Department of Construction
DONRE - Department of Natural Resource and Environment
DPC - District People’s Committee
EA - Executing Agency
EIB - European Investment Bank
EM - External Monitoring
GRM - Grievance Redress Mechanism
Ha - Hectare
HPC - Hanoi People’s Committee
IOL - Inventory of Losses
m - meter
MOT - Ministry of Transport
MRB - Hanoi Metropolitan Railway Management Broad
PMU1 - Project Management Unit 1
RCS - Replacement cost study
ROW - Right-of-way
RP - Resettlement Plan
RS - Relocation Site
SPS - Safeguard Policy Statement (2009)
URF - Updated Resettlement Framework
URP - Updated Resettlement Plan
WPC - Ward People’s Committee
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LAR - Land Acquisition and Resettlement
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Table of Contents
I. INTRODUCTION ........................................................................................................... 7
1.1 Background ................................................................................................................... 7
1.2 Functions of resettlement monitoring services ............................................................. 10
II. SUMMARY OF PROJECT IMPACTS ......................................................................... 12
III. INFORMATION DISCLOSURE, PUBLIC CONSULTATION MEETING ...................... 12
IV. LAND ACQUISITION PROGRESS ............................................................................. 14
4.1 Land acquisition general progress ............................................................................... 14
4.2 Additional land acquisition for S9 and S10: ................................................................. 16
V. COMPENSATION AND ASSISTANCE PAYMENT PROGRESS ............................... 20
VI. RESETTLEMENT ....................................................................................................... 24
VII. INCOME RESTORATION PROGRAM (IRP) .............................................................. 27
7.1. IRP for AHs by Depot and Access Line: ....................................................................... 27
7.2. IRP for AHs by Underground Tunnel and Stations (CP3): ........................................... 28
VIII. GRIEVANCE MANAGEMENT .................................................................................... 30
8.1. Overview. .................................................................................................................... 30
8.2. Outstanding Grievances. ............................................................................................. 32
8.2.1. Grievance related to Depot Area ...................................................................... 32
8.2.2. Eight (8) grievances related to S9 Ventilation Shaft Construction. ................... 33
8.2.3. The grievance of Mr. Pham Van Chuong in S11 area ...................................... 34
8.3. Grievances related to construction .............................................................................. 34
8.4. Grievance Coordination Mechanism ............................................................................ 35
IX. ADDENDUM RP FOR THE IMPACTS OF THE TUNNEL AT CP3 ............................. 37
X. CONCLUSION AND RECOMMENDATIONS .............................................................. 37
10.1. Conclusion .............................................................................................................. 37
10.2. Recommendations................................................................................................... 38
APPENDIX ......................................................................................................................... 40
APPENDIX 1: Details of Land Acquisition Progress ............................................................ 40
APPENDIX 2: List of HHs and organizations affected by the Package CP3 (S9-S12) ......... 42
APPENDIX 3: List of Interviewees during the monitoring period .......................................... 47
APPENDIX 4: Some photos during the monitoring period ................................................... 49
APPENDIX 5: Status of Compliance with ADB Loan Covenants ......................................... 53
APPENDIX 6: Findings Summary/ PHỤ LỤC 6: Tóm tắt kết quả ........................................ 56
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LIST OF TABLES
Table 1: Names and location of Railway Stations .................................................................. 7
Table 2: Project Packages information .................................................................................. 8
Table 3: Summary of Project Impacts ................................................................................. 12
Table 4: Adjusted Plan of Partial Site Handover for the Remaining Areas ........................... 15
Table 5: Number of AHs & organizations for additional land acquisition in S9 and S10 ....... 18
Table 6: Total of area of additional land acquisition in S9 and S10...................................... 19
Table 7: Progress of payment for households and organizations ........................................ 20
Table 8: Status of approving compensation plans for AHs at CP3....................................... 21
Table 9: Progress of compensation and assistance ............................................................ 22
Table 10: Status of relocation transfer progress. ................................................................. 25
Table 11: Payment progress of support on stabilization of production and business ........... 29
Table 12: The Grievance Statistics of the Project ................................................................ 30
LIST OF FIGURES
Figure 1: Layout of the Project ............................................................................................ 10
Figure 2: The Grievance Trends ......................................................................................... 31
APPENDIX
APPENDIX 1: Details of Land Acquisition Progress ............................................................ 40
APPENDIX 2: List of HHs and organizations affected by the Package CP3 (S9-S12) ......... 42
APPENDIX 3: List of Interviewees during the monitoring period .......................................... 47
APPENDIX 4: Some photos during the monitoring period ................................................... 49
APPENDIX 5: Status of Compliance with ADB Loan Covenants ......................................... 53
APPENDIX 6: Findings Summary/ PHỤ LỤC 6: Tóm tắt kết quả ........................................ 56
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I. INTRODUCTION
1.1 Background
1. The Hanoi People’s Committee (HPC) through the Hanoi Metropolitan Railway Management Board (MRB), is carrying out the Hanoi Metro Railway System
Project (Line 3: Nhon-Hanoi Station Section), with loans from a number of Financiers
to the Government of Vietnam (GoV) including: Asian Development Bank (ADB),
European Investment Bank (EIB); and two French Government Agencies - Direction
Générale du Trésor de France (DGTresor) and AgenceFrançaise de Développent
(AFD).
2. The Project is located in Hanoi City and its approved scope includes civil
works, equipment, consulting services and resettlement for the implementation of a
metro line of about 12.5 kilometers with 12 stations (eight elevated and four
underground) and the depot. The elevated part is 8.4km long, including 08 elevated
stations. 01 ramp is 500m long. The underground part is 3.6km long, including 04
underground stations. The implementation commenced in 2010 with initial works on
the depot. The current expected completion time is Quarter IV 2022.
Table 1: Names and location of Railway Stations
Sections Names of Stations Locations of Stations
Elevated Component S1 Nhon
S2 Minh Khai
S3 Phu Dien
S4 Cau Dien
S5 Le Duc Tho
S6 Vietnam National University, Hanoi
S7 Chua Ha
S8 Cau Giay
Underground
Component
S9 Kim Ma street
S10 Cat Linh street
S11 Quoc Tu Giam street
S12 Tran Hung Dao street
3. For the execution and management, the Project has been divided in nine
main civil works and system Packages and some consulting services, already
awarded, except Package CP09, as shown in below table:
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Table 2: Project Packages information
No. Title Main Scope Contractor
Package CP1
Construction of Elevated section - Line
Viaduct, bridges, access ramp to depot, above ground part of ramp
to underground station
DAELIM Industrial Co., Ltd, Korea
Package CP 2
Construction of Elevated section - Stations
Structural work, architectural finishes, low voltage and plumbing
POSCO Engineering &Construction Co., Ltd, Korea
Package CP 3
Construction of Underground section Tunnels and Stations
Structures, architectural finishes, low voltage and plumbing
JV Huyndai Engineering & Construction Co., Ltd-Ghella S.p.A
Package CP 4
Construction of Depot Infrastructure
VinaconexJsc. (Vietnam)
Package CP 5
Construction of Depot Architectural works
Construction of buildings and workshops
HANCORP Co., Ltd, Vietnam
Package CP 6
Rail systems 1: Rolling stock, Depot equipment, OCC/SCADA, signaling, communication, power supply
Design, supply and install: Rolling stock, Depot equipment, OCC/SCADA (includes BMS in stations), signaling, communication, power supply (medium voltage 22kV and traction power)
JV Alstom Transport SA – Colas Rail SA –Thales Communication and Security SAS, France
PackageCP 7
Rail systems 2: Electrical and Mechanical (E&M)
Design, supply and install:
E&M systems,
Ventilation systems,
Firefighting systems,
Lifts and escalators,
Dewatering
Colas Rail S.A, France
Package CP 8
Rail systems 3:Track Works
Design, supply and install: Rails for all the line and inside the Depot (includes 3rd rail)
Colas Rail S.A, France
Package CP 9
Rail systems 4: Automatic Fare Collection (AFC)
Design, supply and install: AFC system Under
procurement
PIC Project Implementation Consultant (PIC)
Design, Supervision and Project Implementation Support:
Review and fulfillment of the previous FS of the Project
SYSTRA, France
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No. Title Main Scope Contractor
(completed)
Technical Design (Completed);
Procurement activities: preparing tender documents and assistance with tender evaluation and contract negotiations. (Pending CP09)
Management and Supervision of the civil works and system contracts under the Project;
Assistance for training and operation;
IC2.1b2 Consulting Services for Verification of Technical Design, Cost Estimates and Appraisal of Tendering Documents
Verification of Technical Design, Cost Estimates and Appraisal of Tendering Documents of Packages CP03 and CP06 – CP09 (Completed)
SENER, France
IC 2.1b3 Consulting Services for Project Management Support to the Client
Provision of Project Implementation Support to MRB (Completed)
IDOM, Spain
IC 2.2 Consulting Services for Certification of System Safety
Certification of System Safety JV APAVE International, France, Bureau Veritas, Vietnam
Contract for External Environmental Monitoring
Environmental monitoring (Completed)
CENMA
PMS2 Consulting Services for Project Management Support to the Client
Provision of Project Implementation Support to MRB (Completed)
TPF GetinsaEuroestudios S.L. Spain
4. Hanoi People’s Committee (HPC) is the Executing Agency (EA) and the Metropolitan Railway Management Board (MRB) is the Implementing Agency (IA) of
the Project.
5. The Project, once completed, will (i) facilitate public transport connectivity, (ii)
greatly enhance access in five districts of Ha Noi city, and (iii) be an important integral
part of an improved public transport system, which aims to achieve increased public
modal share through low-carbon transport that reduces greenhouse gas emissions.
The line starts at Nhon (intersection of Road 70 and Highway 32 to the centre of
Hanoi, goes through Ho Tung Mau street, Xuan Thuy street, Cau Giay street, Kim Ma
street, Nui Truc street, Cat Linh street, Van Mieu street and the end point is at Hanoi
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Railway Station. The depot area which has been constructed in a 15 hectares in Minh
Khai and Tay Tuu wards (Bac Tu Liem district), consists of some components such as
concentration area of rail vehicle, washing machine, wheel lathes, maintenance
factory and warehouse. The below figure shows the Project’s alignment.
Figure 1: Layout of the Project 6. TPF Getinsa Euroestudios in Association with HHA & Partner Group
Consultant, JSC have been selected with the Contract for PMS2 Consultancy
services. The Contract was signed on 27 April 2018 and the mobilization started on
15 May 2018. According with the PMS2 Contract Terms of Reference (ToR) the
overall objective of the consulting services is to provide Project implementation
support to MRB in order to make sure that the Metro Line 3 is implemented to the
required quality, on time and within the budget, and when open operates effectively
and efficiently.
1.2 Functions of resettlement monitoring services
7. For resettlement monitoring, PMS2 Contract has covered two experts:
Resettlement Specialist and Independent Resettlement Monitoring Expert. PMS2
has proposed the mobilization of the international independent expert according with
the Contract, however MRB requested to consider the replacement by another
national expert to support MRB almost in a full time basis. As the result with ADB’s concurrence, the national Independent Resettlement Monitoring Expert has been
mobilized from April 2019.
8. The national Independent Resettlement Monitoring Expert has to work in
close collaboration with the national internal Resettlement Specialist for (i)
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monitoring the status of land acquisition, displacement of affected households and
affected organizations; (ii) monitoring and checking on the compensation and
assistance to affected households and affected organizations were implemented in
line with the provisions of the agreed URP and the URF or not; (iii) certifying whether
the affected households understood their rights and entitlements, and if information
has been disseminated sufficiently to the affected households, including the
Grievance Redress Mechanism; (iv) identifying of outstanding compensation and
resettlement issues that require the attention of the agencies involved in the Project;
(v) evaluating on changes in livelihoods of the affected households; (vi) evaluating
on the implementation of income restoration for displaced persons; (vii) evaluating
on effectiveness, impacts and sustainability of resettlement activities and providing
necessary recommendations in the resettlement implementation for the Project.
9. In general, the objective of this mobilization will be (i) an additional support for
monitoring and settlement of the outstanding issues in Project Land Acquisition and
Resettlement activities; (ii) reporting about the compliance of the ADB Safeguards
Policies (SPS, 2009), relevant government policies, loan covenants and the
Resettlement Plans (RP) and their addenda.
10. External resettlement monitoring activities include documentation review
activities and field visits. The documentation review will be consist of (i) the RP and
its addenda; (ii) the previous external monitoring reports, (iii) the monthly and
quarterly reports prepared by PMS2, (iv) the MoU of the ADB review mission with
special attention to fulfillment of loan covenants and any documentation generated
by the main stakeholders of the Project relating Land acquisition. The documentation
from the GRM will be another source of key information.
11. The Field Visit of Independent Resettlement Monitoring Expert has covered
interviews with all stakeholders related with LAR activities including ADB, HPC,
MRB, PMS2, and with Contractors CP03 and CP05 to know the affections to the
construction works. The Expert will maintain interviews with local authorities and
AHs, in construction site and resettlement areas in order to (i) monitor the LAR policy
implementation; (ii) the satisfaction of AHs; (iii) the livelihood and income of AHs;
and (iv) if any grievance or pending grievance. The public awareness of GRM will be
considered to increase for vulnerable group upon acknowledge of the AHs and the
ability for accessing to authorized agencies.
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II. SUMMARY OF PROJECT IMPACTS
12. A total of 203,491.5 m2 of land will be affected by project, of which 17,612.1
m2 belong to WPCs and 185,879.4 m2 belong to 534 households and 21
organizations. Of the total 534 affected households, 196 households have to be
physically displaced and 86 business households will be affected. Out of 127
households eligible are allocated for resettlement, 21 affected from Phase 2 – Depot
and access line were allocated for land plots in Xuan Phuong. 106 affected
households from Package CP03 (S9-S12) will be allocated for resettlement
apartments in N07 (Dich Vong, Cau Giay District) and CT2 (AO Hoang Cau, Dong
Da District). Below is the summary of Project impacts:
Table 3: Summary of Project Impacts
No. Wards/ Communes
HHs In which No. of
affected organizations
Total Acquired
land
Physically displaced
HHs
Business HHs
HHs are eligible for
resettlement
A. Phase 1 Deport, access line 1 Tay Tuu and
Xuan Phuong 229 0 0 0 0 148,340.0
Sub-Total A 229 0 0 0 0 148,340.0 B. Phase 2 Depot, access line and
1 Depot 156 90
30 21 0 13,552.6 2 Access line 0 8,272.0
Sub-total B 156 90 30 21 0 21,824.6 C. Chem - Ha Dong 110kv High Voltage
1 Phuc Dien 4 0 0 0 0 190 Sub-total C 4 0 0 0 0 190
D. The Viaduct and Elevated Stations 1 CP01&CP02 0 0 0 0 2 325.9
Sub-total D 0 0 0 0 2 325.9 E. The Underground Tunnel and Stations
1 Station No.9 13 7 13 7 2 12,884.0 2 Station No.10 23 18 10 18 7 6,993.0 3 Station No.11 62 43 18 43 4 6,957.0 4 Station No.12 47 38 15 38 6 5,997.0
Sub-total E 145 106 56 106 19 32,811.0 Total 534 196 86 127 21 203,491.5
Source: Internal resettlement monitoring report of DCARBs
III. INFORMATION DISCLOSURE, PUBLIC CONSULTATION MEETING
13. At the time of this mobilization of External Resettlement Monitoring, the Land
Acquisition of the Project was almost completed. Project information disclosure and
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public consultation meetings have been implemented for a long time. According to
the External Monitoring Report in October 2017, the Project’s important information was provided to APs including scope of impact, schedule of land acquisition,
entitlements, grievance redress mechanism and other related issues. In the
meetings, relevant issues were discussed and APs raised freely their concerns or
opinions on the Project’s related activities.
14. The disclosure of information is mainly through: residential meetings, sending
notices to individual households, posting announcements at local government
offices, providing PIB, posters, direct meetings with the affected households
organized by the Compensation, Site Clearance and Resettlement Committees at
ward level.
15. MRB confirmed that they have documented all consultation meetings with
AHs. The AHs met by the Expert shared that they are well aware of their
entitlements and the where their grievances should be submitted1. The External
Monitoring will continue reviewing their documents to ensure if any corrective action
needed.
16. During the Project’s implementation phase, the information dissemination is concentrated in the areas that have impacts on people's life and where there are
questions and complaints from AHs. The contents of information dissemination
include: (i) information on compensation policy and benefits and entitlements of the
AHs; (ii) information on environmental impacts; and (iii) problems arising during the
construction and installation of the Project that affect people.
17. At the Station 12, trial fencing work has started from June 22nd, 2019 to divert
the traffic and the permanent site fence construction is ongoing. In the end of June
2019, the Expert has noted that some households living around the S12 have asked
detail information about (i) the scope of fencing during construction; and (ii) detail on
traffic divert. It would be caused by the trial test for fence installation by the CP3
Contractor.
1 The grievances of households affected by Depot and Access Line have been submitted to Tay Tuu WPC, Bac Tu Liem DPC, Ha Noi PC and even to ADB. These grievances will be mentioned in Grievance Section.
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18. The Force Eviction on April 23rd, 2019 was one of the important event that the
local authorities have ensured the transparency on information dissemination and
community consultation. The Force Eviction Decisions have been delivered to each
HHs as well as published at WPCs in compliance with Vietnamese regulations. The
Force Eviction Notice has covered 12 HHs to be displaced, including (i) 10 HHs in
the area of S10; and (ii) 2 HHs in the area of S11. However, before the time of Force
Eviction, most of the mentioned HHs have agreed to hand over the land by many
consultations of the local authorities. There was no enforcement needed during the
event, because (i) eleven HHs had agreed to hand over the land and arranged to
move their stuff from houses; (ii) the remaining HH (at S11) was absent from the
event, however, he finally asked the tenant to move all the stuff and handed over his
house to the enforcement team.
19. For the additional land acquisition in S9 and S10, procedures for LAR have
been published to affected households and organizations as regulated. Information
disclosure, IOL and DMS for additional affected households and organizations
whose land will be acquired, has started carrying out from early July 2018 for S9 and
S10. All detailed plans for compensation, assistances and resettlement have been
implemented from Quarter IV/2018. Total of plans for compensation and assistances
as anticipated is 21 in which 16 original households and 5 organizations.
20. Conclusion. The consultation meetings and the dissemination of Project’s information, including Project policy on compensation, support and resettlement has
been implemented in compliance with Vietnam’s regulation and ADB’s requirements. For the information related to the construction and fence installation, it was
disseminated by several methodology, i.e. notification to direct AHs, notice to
adjacent organization, posts on public board and even in news on Television. In
order to ensure the information accessibility during the construction, the various
dissemination should be carried out continuously for Project proximity accessing
information more conveniently.
IV. LAND ACQUISITION PROGRESS
4.1 Land acquisition general progress
21. Up to date, land acquisition and resettlement for the project has substantially
been completed. Total of affected land by the Project is 203,491.5 m2, of which
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17,612.1 m2 is public land including sidewalk and public transport - the area has not
to be compensated. Therefore, a total of area of land has to be acquired and
compensated is 185,879.4m2, which belongs to affected households and
organizations. Up to the end of Quarter II/2019, a total of 185,451.8 m2 has been
acquired (accounting for 99.8 % of land acquisition) and the remaining acquired land
area for 14 affected households and 1 organization is 427.7 m2. All of this remaining
acquired land area belongs to scope of impacts by the Package CP03 (S9-S12). As
planned, land acquisition would be completed by the end of Quarter IV/ 2018 as the
discussed Partial Land Handover Plan in October 2018. However, due to some
outstanding problems2, a new plan of land acquisition progress is adjusted to be
partially acquired and handed over land, agreed at the end of April 2019 through a
meeting among HPC with Donors and related agencies and under the direction of
HPC’s implementation. Please see the details in below table.
Table 4: Adjusted Plan of Partial Site Handover for the Remaining Areas
No Items Locations
Latest Dates that Land is handed
over to the contractor
Latest Dates that Land is
handed to MRB
Handover
(m2)
1 STATION NO.9
1.1 TBM working site Ba Dinh District Handed-over December, 2016
1.2 Ventilation Shaft 3 Ba Dinh District Quarter II, 2019 May , 2019
1.3 Ventilation Shaft 4
Ba Dinh District Quarter II, 2019 May , 2019 67.5
1.4 Ventilation Shaft 5
Ba Dinh District October, 2019
September, 2019
(Additional LA)
(if add LA is required)
2 STATION NO.10
2.1 Main-Boxes
Dong Da District Quarter II, 2019 May , 2019
60.5
(Southern Site)
2.2 Phase 1 Dong Da Quarter II, 2019 May , 2019
2 There are some reasons of the delays, such as: (i) 3/8 HHs affected by Ventilation Shaft of S9 still disagree
with the compensation plan (detailed at section VIII. Grievance); (ii) at S10, the case has been mentioned at
paragraph 44, footnote 4; (iii) at S11, HH Pham Van Chuong (nick name is Oanh) has two names in his
documentations, so he has to prove that it is one person only to receive the resettled apartment); and (iv) at S12,
an independent consultants is evaluating and appraising the sustainability and stabilization of the structures if
the affected houses were cut partially.
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No Items Locations
Latest Dates that Land is handed
over to the contractor
Latest Dates that Land is
handed to MRB
Handover
(m2) Auxiliary District
2.3 Phase 2 Auxiliary Dong Da
District October, 2019 September, 2019
(The additional 2.0 m)
3 STATION NO.11
3.1 Northern Site Dong Da District Quarter II, 2019 May, 2019
236.8
3.2 Southern Site Dong Da District Quarter II, 2019 May, 2019
4 STATION NO.12
4.1 Northern Site Hoan Kiem District Quarter II, 2019 May , 2019
62.9
4.2 Southern Site Hoan Kiem District June, 2019 May, 2019
Total 427.7
22. Actually, the partial land handover is slower than the agreed Plan between
HPC and Donors in Table 4. However, according to the explanation of MRB, the
problem of handing over the site does not affect the construction progress of the
Contractor, in particular: (i) For S9 and S10 Stations, the Contractor is constructing
the Northern strip and they haven’t had any specific plan for construction of the
Southern strip (part of obstructions); (ii) For S11 Station, the Contractor is currently
constructing a temporary road in the Southern strip. Immediately after completion of
the temporary road, MRB will hand over the construction site to the Contractor in the
northern strip, expected in August 2019; and (iii) For S12 Station: the construction
barrier was implemented at the end of June 2019. The handover of the site for
construction of the northern strip to the Contractor will be implemented in July 2019.
23. For Package CP03, out of 15,198.9 m2 of land acquisition from affected
households and organizations, 14,771.3 m2 of land has been acquired (accounting to
97.2 %) and the remaining acquired land area is 427.7 m2. During Quarter II/2019,
902.49 m2 of land has been acquired, of which 58.4 m2 at Station 9; 231.50 m2 at
station 10; 469.2 m2 at station 11 and 143.4 m2 at Station 12. The details of Land
Acquisition Progress is attached in Appendix of this monitoring report.
4.2 Additional land acquisition for S9 and S10:
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24. For the reason of serving construction implementation, a master plan was approved on November 27th, 2017 for underground tunnel and stations (CP03). 25. For S9, due to the request of layout extension serving for package CP03, from contractor HGU, the right of way will be extended to at least 2.0 m on Kim Ma and Cat Linh Streets, which will be used as public land after construction, MRB is on progress coordinating with Ba Dinh District and DONRE to submit a plan of land acquisition for Ha Noi Parking Car Company to HPC for approval. 26. For S10, additional land acquisition for underground stations construction have been also implemented with the total of 622.1 m2 (including public land). Procedures for LAR have publicly been implemented for affected households and organizations in coordination with Dong Da District and DONRE as regulated. For households and organizations in S10, their land will be acquired based on the landmark of Cat Linh extension Street (the master plan for Cat Linh Extension Street had been approved before). 27. The dissemination of project information, IOL and DMS for additional affected households and organizations started carrying out from July 2018 for S9 and S10. All detailed plans for compensation, assistances and resettlement have been implemented from Quarter IV/ 2018. Total of plans for compensation and assistances as anticipated is 21 in which 16 original households and 5 organizations. 28. As planned, in both S9 and S10, additional land will be acquired of 16 households (in which all 16 households are the already affected households in the second time land acquisition – they are not new affected households) and 5 organizations (in which all 5 organizations are the already affected organization in the 2nd land acquisition) 29. For S9, additional land acquisition will be carried out for 4 affected households and 1 organization. All affected households and organizations are already affected households and organizations in this second time land acquisition. There will not have any newly affected household or organization for additional land acquisition this time. For additional land acquisition serving construction work, MRB has coordinated with Ba Dinh District to publicly send letters of apologies to affected households and organizations, informed the approved master plan, made the landmark and issued notices of land acquisition to 4 affected households and approved the compensation plan for Hanoi Car Parking Company. 30. For S10, as planned, additional land will be acquired for 12 households (in which all 12 households are already affected households in this second time land acquisition) and 4 organizations (in which all 4 organizations are already affected organizations in this 2nd land acquisition). 31. DONRE has reported to Hanoi People's Council to update the land use plan for the additional acquisition area of S9 and S10. Also, MRB is working with local
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authorities to determine the list of affected AHs and organizations. Information dissemination and notices of land acquisition will soon be sent to affected households and organizations. According to a new plan of additional land acquisition, compensation, assistance and resettlement for originally affected households for the second time land acquisition will be completed by April 30th, 2019. Please see the below table:
Table 5: Number of AHs & organizations for additional land acquisition in S9 and S10
Order
Number of affected
households due to
additional land
acquisition (hhs)
In which
No of affected
organisations due to additional
land acquisition
In which Total of
approved plans of
compensation &
assistance as
anticipated
No of hhs with
the 1st time of
land acquisition
No of hhs with both the first and 2nd time of land
acquisition
No of organizations with the 1st time of
land acquisition
No of organizations with both the first and
2nd time of land
acquisition
Station 09 4 0 4 1 0 1 5
Station 10 12 0 12 4 0 4 16
Total 16 0 16 5 0 5 21
Notes: the number of affected households and organizations above is only anticipated. Data will be updated/ changed based on the actual DMS and compensation plans for land acquisition.
Total of area of additional land acquisition in S9 and S10:
32. Total of area of additional land acquisition as anticipated in S9 and S10 is 4,422.30 m2 in which 296.30 m2 belongs to affected households and 4,126.00 m2 belongs to organizations.
33. For S9, out of 3,939.60 m2 of acquired additional land, 30.50 m2 belongs to affected households and 3,909.10 m2 belongs to affected organizations.
34. For S10, out of 482.70 m2 of acquired additional land, 265.80 m2 belongs to affected households and 216.90 m2 belongs to affected organizations. HPC has been directing MRB, DPCs, the inter-authorities to make the plan for the additional land acquisition in S9 and S10. Compensation and assistance for the additionally affected land shall follow the provisions of the approved Resettlement Framework and Resettlement Plan for the underground stations. Now, detail plans of
Page 19 of 58
compensation and assistance for additional land acquisition at S9 and S10 have been disclosed to AHs in June 20193.
35. For the progress of additional land acquisition at S9 and S10, please see the below table:
Table 6: Total of area of additional land acquisition in S9 and S10
Order
Total of area of additional land
acquisition (m2)
Total of area of additional land acquisition for
households (m2)
Total of area of additional land acquisition for organizations
(m2)
Station 09 3,939.60 30.50 3,909.10 Station 10 482.70 265.80 216.90
Total 4,422.30 296.30 4,126.00
Notes: the area of land acquisition above is only anticipated. Data could be updated/
changed based on the factual DMS and compensation plans for land acquisition.
36. Relating to public facilities such as electric poles, electric transmission lines,
communication lines, public structures and these public facilities have been removed
and replaced by new ones. For stations S9 and S10, all floating & underground utility
removal and demolition works in the northern strip have been dismantled and
handed over. The contractor is carrying out the work in the northern strip at Stations
No. 9 and Station No. 10. For station S11, construction of the temporary road in the
southern strip and floating underground utility removal and demolition works are
being carried out in the southern strip. The MRB is expected to hand over the
construction site in the northern strip to the contractor in August 2019 as soon as the
temporary traffic road in the southern strip is completed. For station S12,
construction barriers have been implemented in the northern strip, floating &
underground utility removal and acquired buildings of AHs have been carried out in
the northern strip. It is expected that the construction site in the northern strip will be
handed over to the contractor in July 2019.
37. Conclusion. The land acquisition progress for the remaining areas has yet to
achieve the required progress as mentioned in the Adjusted Plan of Partial Site
Handover for the Remaining Areas agreed by HPC and ADB. MRB has explained
3 Now, detail plans of compensation and assistance for additional land acquisition at S9 and S10 have been
disclosed to AHs in the end of June 2019. The analysis of compensation plans in comparison with RF and RP of
the Underground Section will be provided in the next quarterly report.
Page 20 of 58
that the problem of handing over the site has not affect construction progress of the
Contractor. The northern strip of S11 and S12 will be handed over to the contractor
in August and July 2019, respectively. However, there is no specific plan for the land
handing over at S9 and S10 Stations. MRB needs to clarify the construction plan of
contractor at S9 and S10 Stations and ensure that there will be no impact to their
construction progress due to land acquisition.
V. COMPENSATION AND ASSISTANCE PAYMENT PROGRESS
38. In Quarter I/ 2019, 3 more compensation plans have been approved for a
shared alley, so in total until now there are a total of 558 compensation plans (537
affected households and 21 organizations). Compensation and assistance payment
has substantially been completed. Out of a total of 555 affected households and
organizations, 520 affected households and 20 organizations have received payment
for compensation and assistances. 14 remaining households and 1 organization (all
belongs to CP03) have not yet received the compensation payment.
39. In quarter II of 2019, there were 27 households who received compensation
and support. Out of total of 27 households who received compensation and support,
2 households is in station 9; 3 households in station 10, 3 households in station 11
and 19 households in station 12 belonging to package CP03. Please see the below
Table:
Table 7: Progress of payment for households and organizations
No Wards/ Communes
Total of affected households and
organizations
Total of received
households and
organizations in QI/2019
Total of received
households and
organizations up to Q I/2019
Total of remaining number
Total
Organi zation
s
HHs
Organi zations
HHs
Organi zations
HHs
Organi zations
hhs Total
A. Phase 1 Depot, access line
1 Tây Tựu and Xuân phương 229 0 229 0 0 0 229 0 0 0
Sub-total A 229 0 229 0 0 0 229 0 0 0 B. Phase 2 Depot, access line 1 Depot
156 0 156 0 0
0 156 0 0 0 2 Access Line
Sub-total B 156 0 156 0 0 0 156 0 0 0 C. Chem - Ha Dong 110kv High Voltage 1 Phúc Diễn 4 0 4 0 0 0 4 0 0 0
Sub-total C 4 0 4 0 0 0 4 0 0 0 D. The Viaduct and Elevated Stations 1 CP01&CP02 2 2 0 0 0 2 0 0 0 0
Sub-total D 2 2 0 0 0 2 0 0 0 0
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No Wards/ Communes
Total of affected households and
organizations
Total of received
households and
organizations in QI/2019
Total of received
households and
organizations up to Q I/2019
Total of remaining number
Total
Organi zation
s
HHs
Organi zations
HHs
Organi zations
HHs
Organi zations
hhs Total
E. The Underground Tunnel and Stations 1 Station 9 15 2 13 0 2 2 10 0 3 3 2 Station 10 30 7 23 0 3 7 21 0 2 2 3 Station 11 66 4 62 0 3 3 54 1 8 9 4 Station 12 53 6 47 0 19 6 46 0 1 1
Sub-total E 164 19 145 0 27 18 131 1 14 15 Total 555 21 534 0 27 20 520 1 14 15
40. For Package CP03, 14 households and 1 organization have not received
compensation and assistances yet, in which all detailed plans for compensation have
been approved for AHs. Up to date, DCARBs have approved 167/167 compensation
& assistance plans in which 145/145 for affected households and 19/19 for affected
organizations. Therefore, all of affected organizations have been approved for
compensation & assistance plans. Please see the detail in Table 8 below:
Table 8: Status of approving compensation plans for AHs at CP3
No
.
Underground
tunnel and
stations
Number of affected
households &
organizations
Number of
approved plans
for compensation
Number of plans have
not been approved yet
Total Organizations
HHs
Tota
l
For
orga
niza
tion
s
For
HHs Total
Organiz
ations HHs
1 Station No.9 15 2 13 15 2 13 0 0 0
2 Station No.10 30 7 23 30 7 23 0 0 0
3 Station No.11 66 4 62 69 4 65 0 0 0
4 Station No.12 53 6 47 53 6 47 0 0 0
Total 164 19 145 167 19 148 0 0 0
41. Up to date, the total of approved cost for compensation and assistance of the
project is 625,904,854,402 VND, the total paid compensation & assistance value is
Page 22 of 58
481,725,740,617 VND and the total of remaining compensation & assistance value is
144,179,113,785 VND.
42. For Package CP3, up to date, the total of approved cost for compensation and
assistance of the project is 553,377,879,405 VND, the total paid compensation &
assistance value is 409,198,765,620 VND and the total of remaining compensation &
assistance value is 144,179,113,785 VND. It is planned by Districts and MRB that
the compensation & assistance payment for affected households and organizations
will be completed by Quarter III/2019. Districts now continue to make payment for
remaining affected households and organizations.
43. In quarter II of 2019 only, Districts have paid a total of more than
118,109,075,311 VND to AHs and organizations in which 6,486,974,532 VND paid in
station 9; 6,656,896,794 VND paid at station 10; 42,771,579,047 VND paid in Station
11 and 62,193,624,938 VND at station 12. In total, 27 households got compensation
and payment paid in Q2/2019. Please see the Table 9 below
Table 9: Progress of compensation and assistance
No Wards/Communes Total of Approved
compensation
value (VND)
Total of paid
compensation
value (VND) in
Quarter
II/2019
Total of paid
compensation
value (VND)
up to Quarter
II/2019
Total of
remaining
compensation
value (VND)
A. Phase 1 Depot, access line
1 Tay Tuu and Xuan
Phuong 42,900,000,000 0 42,900,000,000 0
Sub-total A 42,900,000,000 0 42,900,000,000 0
B. Phase 2 Depot, access line and Xuan Phuong Resettlement site
1 Depot 28,914,525,857 0 28,914,525,857 0
2 Access line
Sub-total B 28,914,525,857 0 28,914,525,857 0
C. Chem - Ha Dong 110kv High Voltage
1 Phuc Dien 272,449,140 0 272,449,140 0
Page 23 of 58
No Wards/Communes Total of Approved
compensation
value (VND)
Total of paid
compensation
value (VND) in
Quarter
II/2019
Total of paid
compensation
value (VND)
up to Quarter
II/2019
Total of
remaining
compensation
value (VND)
Sub-total C 272,449,140 0 272,449,140 0
D. The Viaduct and Elevated Stations
1 CP01&CP02 440,000,000 0 440,000,000 0
Sub-total D 440,000,000 0 440,000,000 0
E. The Underground Tunnel and Stations
1 Station No.9 42,023,541,676 6,486,974,532 22,630,709,165 19,392,832,511
2 Station No.10 103,111,305,618 6,656,896,794 78,824,918,495 24,286,387,123
3 Station No.11 294,798,122,111 42,771,579,047 233,351,293,292 61,446,828,819
4 Station No.12 113,444,910,000 62,193,624,938 74,391,844,668 39,053,065,332
Sub-total E 553,377,879,405 118,109,075,311 409,198,765,620 144,179,113,785
Total 625,904,854,402 118,109,075,311 481,725,740,617 144,179,113,785
44. Conclusion. The progress of compensation and assistances payment has
achieved the significant progress in Quarter II/2019 (118,109,075,311 VND) in
comparison with payment in Quarter I/2019 (24,992,737,334 VND). However, the Ba
Dinh, Dong Da and Hoan Kiem districts should improve payment progress for the
completion of compensation & support payment for AHs and organizations in
Quarter III/2019 as mentioned in Action Plan of Internal Quarterly Resettlement
Monitoring Report. MRB should follow up the DPCs for the remaining cases,
especially the additional land acquisition and the HHs that would like to adjust
LURCs4.
4 During the monitoring time, the Expert has found that there is one case in S10 that HH’s remaining land was not enough to live and has to be acquired in accordance with the law of Vietnam, however, this HH would like to negotiate with his neighbour for the combination of his remaining land and adjacent lands. In this specific case, the District allows HHs a month for procedures completion.
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VI. RESETTLEMENT
45. At the time of Expert mobilization, the total number of physically displaced
households is 196, while the total number of households eligible to resettlement
allocation is 127 (21 in Depot & Access Line and 106 in CP03). Out of 127
households eligible for land plots or resettlement apartment allocations of the whole
project, 102 households have received land plots or resettlement apartments, the
remaining 25 households have not yet received them. All of these 25 households
belong to Package CP03.
46. Relating to 21 households affected by Phase 2 - Depot and Access Line, Bac
Tu Liem District has already allocated all of them for resettlement plots in Xuan
Phuong resettlement sites - TT6.1A and TT6.1C adjacent to DD1 - Xuan Phuong RS
(the original planed for RS). Infrastructure, electric and potable water system are
adequate, near schools and not far from their acquired land. So their lives are not
much affected by the project.
47. The households affected by Package CP3 are allocated for 170 resettlement
apartments, including (i) 51 apartments in N07 building at Dich Vong ward, Cau Giay
district; and (ii) 119 apartments in CT2 building at Hoang Cau street, Dong Da
district.
48. By the time of reporting, the construction of 109 apartments for resettlement
(including leasing) has been completed and Districts organized relocation apartment
lotteries for eligible households, of which 10 resettlement apartments at N07 and 99
at Ao Hoang Cau. DCARBs has coordinated with the Department of Construction to
submit to HPC and have the decision to sell the first phase of 10 resettlement
apartments at N07 in Decision No. 1466/QĐ-UBND dated 26/3/2018 (adjusted
Decision No.1083/QĐ-UBND on 13/02/2017) and 41 Ao Hoang Cau in Decision
No.1490/QĐ-UBND dated 28/3/2018.
49. For Package CP3, out of 106 eligible resettled households, 81 have been
allocated for resettlement apartments in which 5 households in S9; 16 households in
S10; 37 households in S11 and 23 households in S12. Twenty five (25) remaining
households are waiting for after-received compensation payment from DPC or for
decisions to sell resettlement apartments from DOC which have been submitted to
Page 25 of 58
HPC for approvals5. Due to some obstructions of land acquisition hand-over,
procedures of resettlement allocations are delayed too. On the other hand, when
DOC, Districts and MRB organized events for handing over the resettlement
apartments for affected households, some HHs did not show up.
Table 10: Status of relocation transfer progress.
No. Wards/
Communes
No of
physically
displaced
HHs
HHs are
eligible for
relocating
arrangemen
t
HHs received
apartment/
land plot in
RS in Quarter
II/2019
HHs received
apartment
/land plot in
RS up to
Quarter
II/2019
HHs have
not received
apartment/
land plot in
RS
A. Phase 1 Depot, access line
Tay Tuu and
Xuan Phuong 0 0 0 0 0
Sub-total A 0 0 0 0 0
B. Phase 2 Depot, access line and Xuan Phuong Resettlement site
1 Depot 90 21 0 21 0
2 Access line
Sub-total B 90 21 0 21 0
C. Chem - Ha Dong 110kv High Voltage
1 Phuc Dien 0 0 0 0 0
Sub-total C 0 0 0 0 0
D. The Viaduct and Elevated Stations
1 CP01&CP02 0 0 0 0 0
5 An execution order for receiving relocation apartment: (i) HH agrees with compensation plan; (ii) HH agree to
handover the land and receive the compensation (DCARBs will deduct the amount for buying relocation
apartment in the compensation amount); (iii) DPCs submit documentations and transfer money to DOC; (iv)
DOC reviews the documentations and submit to HPC for approval and issue Decision for selling relocation
apartments; (v) HH registers permanent residence at the local police to prepare for electricity and water
contracts.
Page 26 of 58
No. Wards/
Communes
No of
physically
displaced
HHs
HHs are
eligible for
relocating
arrangemen
t
HHs received
apartment/
land plot in
RS in Quarter
II/2019
HHs received
apartment
/land plot in
RS up to
Quarter
II/2019
HHs have
not received
apartment/
land plot in
RS
Sub-total D 0 0 0 0 0
E. The Underground Tunnel and Stations
1 Station No.9 7 7 3 5 2
2 Station No.10 18 18 3 16 2
3 Station No.11 43 43 4 37 6
4 Station No.12 38 38 14 23 15
Sub-total E 106 106 24 81 25
Total 196 127 24 102 25
50. Concerning to 127 of AHs eligible for relocating arrangements out of 196
physically displaced HHs, all ineligible HHs are affected by the area of Depot and
access line. In comparison with the Independent Monitoring Report – October 2017,
there are 2 more HHs determined as eligible for relocation. Also, according to that
report, one HH was poor and didn’t have another house to live at the time of
monitoring (October 2017). The number of 69 remaining HHs is still need for
carefully review of local authorities again. The Expert noted that this issue has
already linked to the grievances of 56 AHs to Bac Tu Liem District in December 2014
and various to 35 AHs to Hanoi city in 2015, then 42 AHs to ADB in 2017. These
above mentioned AHs think that they are eligible for resettlement entitlement. (This
content will be mentioned detail in Grievance Section).
51. Conclusion 1. The 25 HHs eligible for resettlement are still waiting for their
apartments due to delay of compensation and apartment allocation procedures.
Therefore, these progress should be improved in the coming time. Since MRB6 is not
in position to deal with the problem, the External Monitoring Expert would like to
propose ADB to consider a further discussion with HPC in the coming Mission.
6 MRB should discuss with authorized agencies to shorten the time for documentation review and approval.
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52. Conclusion 2. The 69 AHs physically displaced7 by the Project are not
eligible for relocating arrangements as the initial decisions of Bac Tu Liem District.
However, another careful review should cover the determination of (i) land original;
(ii) time of house construction; and (iii) another living location after displacement in
order to ensure if the AHs still have another location to live. The meeting conclusion
of DONRE in Document No.2427/STNMT-CCQLĐ (March 27th, 2019) has indicate
that the Bac Tu Liem District will be responsible for the above mentioned reviews,
however, the meeting notice of HPC on May 3rd, 2019 has assigned Hanoi
Inspectorate to continue resolving the grievances in accordance with the law. These
documents may cause the confusion for review implementation of Bac Tu Liem
District or Ha Noi Inspectorate. This issue will be continuously monitored if any
result. Besides, the External Monitoring Expert would like to propose ADB to
consider a further discussion with HPC in the coming Mission for resolving the issue.
VII. INCOME RESTORATION PROGRAM (IRP)
7.1. IRP for AHs by Depot and Access Line:
53. The support policy for living stabilization and job change is applied in
accordance with Decision No.23/2014/QD-UBND, which stipulates the contents
approved by HPC pursuant to Land Law 2013 and the Government's decrees on
compensation, support and resettlement when the State acquires land in the City.
Besides, the Document No. 3855/UBND-DT issued by the HPC, the affected
households who are vulnerable or directly operating business without business
license are provided the additional assistance.
54. According to the specific policy applied for the Compensation Plan of the
Depot and access line Component, the Project has two types of support: (i) Support
for job transition by 5 times of agricultural land prices based on the unit prices
stipulated in Decision No.23/2014/QD-UBND by HPC; (ii) Support for living
stabilization equal to VND 2,160,000 per person. In addition, the affected household
members who have completed the vocational training with graduated certificates will
7 The case of 69 AHs has linked to the grievances of depot and access line. On March 12, 2019, they have
expressed their demand in the dialogue meeting presided by DONRE that they would like to participate in the
review of local authorities, especially the participation in verification of their living location after the
displacement.
Page 28 of 58
be supported with cash assistance which equals to VND 7,000,000 per labour for
tuition and VND 4,650,000 per labour for buying practical toolkits.
55. In addition, for the Depot and access line Component, the HPC has invested
a lot of investment projects in the area of Minh Khai and Tay Tuu wards, such as
infrastructure investment programs, production loan programs etc., therefore the
affected households have been benefited from the programs. In addition, in the
general resettlement compensation plan, the affected households are supported by
the City People's Committee to stabilize the living standard after the land acquisition.
56. Bac Tu Liem DPC already implemented measures of IRP based on the
resettlement policy framework (RPF) applied for underground tunnel and stations for
affected households in Depot and Access Line in 2016. Bac Tu Liem DPC built
measures, issued decisions and paid all support for IRP of affected households
(100%) in Depot and Access Line. In general, the provided income restoration
program for the affected households is compliant with provisions in the agreed
resettlement Policy Framework applied for underground tunnel and stations.
7.2. IRP for AHs by Underground Tunnel and Stations (CP3):
57. All AHs in CP3 are involved in non-agricultural occupations like small scale
business, government employee, freelance workers, military personnel, technicians,
etc. The IRP for AHs by Underground Tunnel and Stations (CP3) have also been
implemented in compliance with provisions in the agreed updated resettlement plan
(URP). The support policy for the households affected by the Underground Tunnel
and Station Component has covered aspects of the income restoration for AHs, such
as (i) Support for relocating houses and assets; (ii) Support for livelihood
stabilization; and (iii) Support on stabilization of production and business.
58. Up to date, out of 56 affected business households, in Package CP3, four (4)
business households got the support on stabilization of production and business in
Hoan Kiem District (S12). The 52 remaining affected households have not received
them yet. MRB and DPCs are reviewing and verifying whether AHs are eligible to
receive this assistance. Incomes after taxes of the AHs have been calculated by the
District Tax Office. Also, HPC requested Hanoi Tax Department to issue a letter of
instructions. Business households will receive the support on stabilization of
production and business right after Hanoi Tax Department issues a letter of
instructions. The Hanoi Tax Department issued a document instructing the districts
Page 29 of 58
on average income after tax for business households as a basis to provide the
support on stabilization of production and business for AHs and the Districts are
considering and conducting the implementation. Please see the details in below
Table for payment progress of the support:
Table 11: Payment progress of support on stabilization of production and business
No Underground tunnel and stations
Number of business
households
No of business households who
received support on stabilization of
production & business
No of business households who have
not yet received support on stabilization of
production & business
1 Station No.9 13 0 13
2 Station No.10 10 0 10
3 Station No.11 18 0 18
4 Station No.12 15 4 11
Total 56 4 52
59. Concerning to the temporary impacts during construction, as envisaged in the
Resettlement Framework and Resettlement Plan for the underground section, any
temporary livelihood impacts during construction shall be compensated. This
concern has been raised during the ADB Review Mission in April 2019 for the formal
and informal business or in the vendors that currently earning their livelihood in the
areas but they are not affected by land acquisition. As indicated in the MOU of
Mission, MRB will report to HPC the ADB's request for instruction then arrange a
meeting with ADB for further discussion.
60. Conclusion. The IRP for households affected by Deport & Access Line and
Underground Tunnel & Stations have been implemented in compliance with
Resettlement Policy Frame Work and Updated Resettlement Plan (URP). The
agricultural affected HHs (in Depot and Access Line area) have received the cash
assistance for job transition equal to 5 times the compensation unit rate regulated by
HPC for affected agricultural land, while the remains are involved in non-agricultural
occupations and their occupations have not changed significantly. Regarding the
temporary impacts during construction to the business HHs in the surrounding area
of Project fences, MRB will report to HPC the ADB's request for instruction then
arrange a meeting with ADB for further discussion.
Page 30 of 58
VIII. GRIEVANCE MANAGEMENT
8.1. Overview.
61. According to ADB SPS 2009, the client has to establish and maintain a
grievance redress mechanism to receive and facilitate resolution of affected peoples’ concerns. Since Vietnam Government has already establish the Law of Grievance,
so there is no need for establishment of a separated grievance redress mechanism
for Hanoi Metro Rail System Project.
62. MRB confirmed that the Grievants are free to choose whichever channel they
prefer to lodge their grievances, i.e. local authorities at various level, MRB office, or
representative of MRB at the construction site. As of the monitoring time, there is no
grievances submitted to MRB. The HHs affected by the Project understand that the
local authorities will be the proper agencies to address their concern. Therefore,
most of the grievances have been submitted to the local authorities, including WPCs,
DPCs, HPC and/or HPC Inspectorate.
63. At the time of monitoring, there are 153 grievances8 submitted to the Project
related agencies9. Among those number, 42, 102 and 9 grievances are resettlement
related to depot area, resettlement related to CP3 area and construction related
impacts, respectively. Please see the below Table to see the Grievance Statistics:
Table 12: The Grievance Statistics of the Project
Status
Resettlement - Depot
Resettlement - CP3 Construction Total
2017 2019 2017 2018 2019 2019
Q3 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q2 To
date %
Received (per Quarter)
42 0 40 44 0 0 13 1 1 3 9
Received (Cumulative)
42 42 40 84 84 84 97 98 99 102 9 153 100
Resolved (per Quarter)
0 0 0 0 1 4 62 5 8 11 0 91 59
Unresolved (end of Quarter)
42 42 40 84 83 79 30 26 19 11 9 62 41
8 Before the mobilization of PMS2, the grievance statistic has not been updated. The national resettlement
specialist under PMS2 has supported MRB to collect data and establish a monitoring system for grievance
management. This number was consolidated from all Internal Quarterly Resettlement Monitoring Report of the
Project (QIII/2017 to now). Therefore, there is no exact data before the QIII/2017. 9 The grievances of households affected by the Project have been submitted to WPCs, DPCs, Ha Noi PC and
even to ADB.
Page 31 of 58
The data was collected from QIII/2017 to now
64. At the present, there are still 62 unresolved grievances (equal to 41% of the
total submitted grievances). Out of the 62 grievances, there are (i) 42 resettlement
grievances related to Depot Area submitted from QIII/2017; (ii) 11 resettlement
grievances related to CP3 area, including 5 outstanding grievances from QIV/2017;
and (iii) 9 new construction impact related grievances in QII/2019.
Figure 2: The Grievance Trends
65. As shown in the above Figure, the number of resettlement grievance cases
received has increased in 2017 and 2018. Those two years were also the peak of
resettlement and compensation activities. The number of continuous submitted
grievances demonstrates that the grievants continue trusting in the existing
Grievance Mechanism. Besides, the local authorities have resolved a significant
number of grievances from QIII/2018 to now.
Page 32 of 58
8.2. Outstanding Grievances.
8.2.1. Grievance related to Depot Area
66. As mentioned in the Section VI. Resettlement, 69 AHs physically displaced10
by the Project are not eligible for relocating arrangements as the initial decisions of
Bac Tu Liem District. Thus, many of them several times have sent the grievances to
various level of the local government to ask for resettlement entitlement. According
to the Internal Quarterly Monitoring Report, the grievances has started from 2014.
The grievants have also received the official response from the District and Hanoi
CPC levels. However, they still disagreed with the settlement of local authorities, and
they have sent their grievances to ADB in 2017.
67. In November 2017, ADB proposed a meeting among Bac Tu Liem District,
MRB, independent monitoring experts and AHs to clarify the additional work
performed for affected AHs. It is recommended by ADB that a meeting among Bac
Tu Liem District, related agencies, MRB and an independent expert from ADB with
affected households shall be organized soon to resolve on going grievances for
closing in accordance with SPS 2009 – ADB safeguards policy.
68. Under the instruction of HPC, Hanoi DONRE in coordination with Bac Tu Liem
District, MRB and related agencies have reviewed the procedures and documents
applied to the AHs. The Letter No. 8217/STNMT-CCQLĐĐ on October 3rd, 2018 has
confirmed that related departments, Bac Tu Liem District and related agencies had
solved grievances in compliance with Vietnamese regulations and Law.
69. On December 19th, 2018, ADB sent a letter to HPC to recommend that HPC
representatives, Bac Tu Liem DPC and the relevant wards’ local leaders to hold a meeting with complainants with the attendance of ADB consultants to resolve their
grievances, following the grievance redress mechanism in the project’s approved resettlement plan. On-going grievances are currently waiting for comments from
HPC. MRB is working with Bac Tu Liem DPC to soon organize a meeting of the DPC
with the complainants as requested by ADB and HPC.
10 The case of 69 AHs has linked to the grievances of depot and access line. On March 12, 2019, they have
expressed their demand in the dialogue meeting presided by DONRE that they would like to participate in the
review of local authorities, especially the participation in verification of their living location after the
displacement.
Page 33 of 58
70. The Hanoi DONRE has continued following up the issue to chair the meeting
on March 12th, 2019 with the participation of ADB, Bac Tu Liem DPC, Hanoi City
Inspectorate, MRB, PMS2, related agencies and AHs. The meeting conclusion of
DONRE in Document No.2427/STNMT-CCQLĐ has stated that the Bac Tu Liem
DPC will review the documentations again for determination of (i) land original of
AHs; and (ii) time of houses construction. However, the Expert has found that it is
not clear for mentioning one of the demand of AHs in the meeting that they would
like to participate in the reviewing process, especially the participation in verification
of their living location after the displacement.
71. On April 24th, 2019, ADB Mission has a meeting with HPC, related
Departments and agencies. The meeting notice of HPC on May 3rd, 2019 has
assigned Hanoi Inspectorate to continue resolving the grievances in accordance with
the law. This issue will be continuously monitored if any result. Through the
discussions between MRB and the Expert to follow up the issue with Hanoi
Inspectorate, MRB will send the letter to ask Hanoi Inspectorate to update the
grievance resolution progress in July 2019. Besides, the External Monitoring Expert
would like to propose ADB to consider a further discussion with HPC in the coming
Mission for resolving the issue.
8.2.2. Eight (8) grievances related to S9 Ventilation Shaft Construction.
72. Regarding the grievances related to S9 Ventilation Shaft construction, 8 HHs
have submitted their grievances several times to the Ba Dinh DPC, HPC, relevant
agencies and ADB for a long time. They did not agree with the position of ventilation
shaft, which is supposed to be too close to the residential area. These grievances
have been logged into the Project Grievance Management from QIV/2017.
73. Those grievants assumed that the design location of S9 Ventilation Shaft has
violated the Vietnam national standard QCVN 08:2009/BXD. However, up to now
such grievances have been thoroughly investigated and responded by Ministry of
Construction, Ministry of Justice, Hanoi People's Committees with the observation of
ADB.
74. MRB and consultants have reviewed and applied the most advanced
technology solutions of Europe for the design of ventilation shafts in accordance with
the guidelines of the Ministry of Construction, reference of standards, specifications,
Page 34 of 58
current national technical standard and affirmed that the design of the underground
stations of the project which has been approved at present including the S9 station is
fully compliant with the requirements of the national standards and technical
standards. The Project S9 Ventilation Shaft design were reviewed and agreed by
Ministry of Construction, Ministry of Justice, Hanoi CPC and its Departments
(Departments of Construction, Architectural Planning, Hanoi Inspectorate, etc.).
75. As of above grievance history, the Ba Dinh DPC has started reviewing force
eviction plans for 8 HHs related to S9 Ventilation Shaft Construction from QII/2019.
The Force Eviction was planned to implement in QIV/2018. However, due to the
Contractor has yet to provide a specific plan for construction of this section, the local
authorities postponed the force eviction11. They have persuaded and continuously
explained to the grievants about the regulations. At the present, 5 out of 8 grievants
have already agreed with the policy and handed over the land to the project.
8.2.3. The grievance of Mr. Pham Van Chuong in S11 area
76. Mr. Pham Van Chuong – the HH affected by S11 area has submitted his
grievance to Dong Da DPC from QIV/2017. He requested for a higher compensation
unit price. In the same Quarter, Dong Da DPC has submitted a proposal to Hanoi
CPC for a consideration to apply a higher compensation rate for his affected
structures.
77. Based on the response from Hanoi CPC and its related Deparments, Dong
Da DPC has provided official responses to the HH in QIV/ 2018. The compensation
plans for the HH was applied in accordance with Project policy and Vietnam Laws
and regulations. In April 2019, under the persuasion and explanation of local
authorities and MRB, Mr. Pham Van Chuong has agreed with the compensation
plans, received money and handed over the land to the Project. Therefore, there is
no need for force eviction applied to the HH as the plan from QIV/2018. The pending
issue for this case is an obstruction of procedures for receiving relocation
apartments. MRB is following up the issue with Hanoi DOC.
8.3. Grievances related to construction
11 The Land acquisition progress for this section will follow the Table 4: Adjusted Plan of Partial Site Handover
for the Remaining Areas as agreed by HPC and ADB.
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78. It is not clear for the monitoring that this type of grievances has been
submitted first time to the Project from QII/2019 or they happened before. However,
it is the first time that the grievance management has covered the issue. There are 9
grievants living in the adjacent area of road underneath access bridge to Depot of
CP1. The location belongs to Tay Tuu Ward, Bac Tu Liem District. Those HHs have
requested for a resolution for the cracks on their house structures due to the
construction impact.
79. Under the request of MRB, the Daelim contractor and Systra have adjusted
the method of compaction to prevent any potential damages to residents’ properties
in April 2019. At the same time, Daelim has been carrying out the crack investigation
in residents’ houses at the construction site of Road underneath the Access Bridge
to Depot and working closely with the local Authorities (Tay Tuu Ward) on the
present issue.
80. In parallel, MRB has issued the Letter No.945/ĐSĐT-VP-DA1 dated May 10th,
2019 to Bac Tu Liem DPC and Tay Tuu WPC requesting for the determination of (i)
land original; and (ii) time of house construction of the 9 AHs as mentioned above.
The Tay Tuu WPC has chaired the meeting on June 20th, 2019 with the presence of
MRB, Department of Natural Resources and Environment, Urban Management
Division and Bac Tu Liem district land fund development center and DaeLim
contractor to implement the tasks and plans assigned by Bac Tu Liem district
People's Committee. According to the conclusion of the meeting, Tay Tuu Ward will
take the lead in coordination with MRB and Bac Tu Liem relevant departments to
verify the issue in July 2019.
8.4. Grievance Coordination Mechanism
81. According to requirements of Project Policy and in order to resolve all
concerns of HHs affected by the Project in a timely manner, MRB has been
coordinating with Departments of compensation, assistance and resettlement of
districts to develop a grievance coordination mechanism (GCM) including the
following: (i) Coordination among related authorities in redressing complaints of
organizations and individuals affected by the implementation of the Hanoi
Metropolitan Railway Project in Hanoi City (Nhon - Hanoi Railway Station), (ii) the
objects of application, (iii) coordination principle, (iv) coordination method.
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82. The GCM was reviewed by Department of Justice for appropriate legal basis
on July 2018. In August 2018, HPC also issued Letter No 6535/ VP-ĐT to ask MRB to coordinate with Ba Dinh, Dong Da, Hoan Kiem, Cau Giay and Bac Tu Liem
Districts to review and finalize the contents of GCM by clarifying procedures, time of
solving grievances and clear responsibilities of related agencies.
83. In parallel, MRB issued Decision No.161/QĐ-ĐST-VP dated 16/10/2018 on
the establishment of the grievance task force team to receive, review and handle
complaints and proposals related to the Project in order to record, monitor, review
and classify complaints as well as to advise on resolution options, provide feedbacks
to the complainants, organize meetings and summarize reports to HPC and ADB.
84. Under the instruction of Ha Noi CPC at the Meeting Notice No. 133/TB-VP
dated May 3rd, 2019, MRB has sent the draft of GCM guideline attached in (i) the
Letter No. 1136/ ĐSĐT-THDA1 dated May 30th, 2019 to ADB; and (ii) the Letter No.
1163/ĐSĐT-VP on June 3rd, 2019 to City Citizen Reception Board, HN Inspectorate,
and Project related DPCs for recommendation on GCM before their submission to
HPC for approval.
85. Conclusion 1. Grievance redress mechanism is one of the contents of public
consultation meetings. All the HHs affected by the Project understand the grievance
mechanism and where they can lodge their grievance. The number of continuous
submitted grievances demonstrates that the grievants continue trusting in the
existing Grievance Mechanism. The effort of MRB and local authorities for resolving
grievance have been proved by the number of resolved grievances in 2018 and
2019.
85. Conclusion 2. The number of grievances related to the construction logged
into grievance management first time from this Quarter is the initial signal for further
consideration. Therefore, MRB should consider to request all their Contractors to
install grievance boxes at the construction site in the coming time.
86. Conclusion 3. The outstanding grievances submitted for a long time are the
concerns of the Project (especially the grievances related to Depot area), thus the
GCM should be finalized soon as an additional tool to facilitate the grievance
resolution process. Beside the following up actions of MRB with Hanoi Inspectorate,
the External Monitoring Expert would like to propose ADB to consider a further
discussion with HPC in the coming Mission for resolving the issue
Page 37 of 58
IX. ADDENDUM RP FOR THE IMPACTS OF THE TUNNEL AT CP3
87. Due to the potential impacts of the tunnel construction to the HHs along the
tunnel, CP3 Contractor was requested to prepare the Building Condition Survey
(BCS) report, Building Risk Assessment (BRA) report. Based on BCS report, BRA
report and current applicable regulations, the Contractor has to determine all
potential impacts, mitigation measures and prepare the Compensation and
Resettlement Policy for the impacts of tunnel construction.
88. MRB has approved LHC as a sub-contractor of CP3 (HGU) to assess the IR
impacts of underground tunnel in 2018. Up to now, LHC has implemented (i)
information disclosure; (ii) social economic households survey; (iii) consultation
meetings with MRB, local authorities (WPCs, DPCs) in January 2019.
89. According to MOU of ADB Mission in April 2019, MRB was requested to
prepare a report which contains (i) the BCS method (with a map of the survey area);
(ii) summary of the BCS result; (iii) the method statement for building condition
monitoring (especially at the ramp during TBM operation); and (iv) confirmation on
the possibility of temporary relocations of the building owners/ residents (that are not
in conflict with the tunnel structures) above/near the tunnel/ railway track due the
construction of the tunnel that may resulted in temporary loss of business/income
during tunneling. The report should be submitted to ADB by 15 June 2019
90. Due to some obstructions on compensation of land use limitation, MRB has to
report to HPC to ask for a special policy on compensation and assistance. Beside,
the BRA and BCS reports have not been revised as requirements of ADB and MRB.
Therefore, until now, the addendum RP for the impacts of the tunnel construction
has not been finalized yet. According to the discussion between MRB and HGU,
HGU has to submit results of report regarding the addendum RP for the impacts of
the tunnel at CP3 by the end of July 2019.
X. CONCLUSION AND RECOMMENDATIONS
10.1. Conclusion
91. The dissemination of Project’s information in general and Project policy on compensation support and resettlement in particular has been coordinated by the
Page 38 of 58
MRB and the stakeholders. Most interviewees by PMS2 and MRB resettlement
socialists said that they received Project’s information as well as the compensation
policy from the implementing agencies.
92. The City’s priority policies have been promptly consulted and disseminated to the AHs and the community, contributing to the satisfactory settlement of outstanding
complaints.
93. The detailed measurement survey of affected assets and compensation
pricing have been disclosed by the Compensation and Site Clearance Committees
and the MRB in a public and transparent manner. The heads of affected households
and representatives of the MRB, local authorities, Compensation and Site Clearance
Committees of the City and the districts in the project area participated in the
detailed measurement survey. Mistakes in the DMS process were additionally tallied
and paid.
94. Compensation replacement costs were applied for all affected assets and
land. The payment compensation has been done in the right procedures, which is
paid directly one time for the affected households at the ward offices and at least one
month prior to the construction.
95. The MRB local authorities and related parties have been working on resolving
complaints and grievances. Arisen questions during the construction process as
anticipated by the MRB were solved to ensure the interests of the people.
96. In general, the compensation, support and resettlement of the Project has
been implementing transparently by the MRB, the Compensation and Site Clearance
Committees, and the Land fund Development Centers of the districts and Hanoi
People’s Committee.
97. However, there are some issues that need further attention to fulfill the
compliance of the Project. Regarding to assistances for the AHs, there are still 2
kinds of assistances that have yet to be provided to all eligible AHs: (i) support on
stabilization of production and business; and (ii) support for the house renters.
10.2. Recommendations
91. Based on the conclusion from Section III to IX, the following activities are
recommended to follow up:
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(i) MRB needs to clarify the construction plan of contractor at S9 and S10
Stations and ensure that there will be no impact to their construction
progress due to land acquisition;
(ii) To follow up with partial land-handing over plan: (a) for the AHs disagree with
compensation plan, MRB will continue cooperation with DPCs to frequently
explain regulations, persuade and encourage AHs to soon handover the land
at S9; (b) MRB to follow up with the DPCs to soon complete the LURC
adjustment of AH at S10; (c) MRB to work with relevant agencies to confirm
the name of AH at S11; (d) MRB speeds up the time for review the
documentations for sustainability and stabilization of the structures at S12;
(iii) Regarding the 25 HHs eligible for resettlement are still waiting for their
apartments due to delay of compensation and apartment allocation
procedures, the External Monitoring Expert would like to propose ADB to
consider a further discussion with HPC in the coming Mission;
(iv) For the temporary impacts during construction to the business HHs in the
surrounding area of Project fences, MRB will report to HPC the ADB's
request for instruction then arrange a meeting with ADB for further
discussion;
(v) MRB considers to request all their Contractors to install grievance boxes at
the construction site in the coming time to collect any opinion of HHs,
especially for the livelihood and construction impact related issues;
(vi) MRB to send an official letter to Hanoi Inspectorate to ask for update of
resolution process for the resettlement grievances related to Depot area;
(vii) Beside the following up actions of MRB with Hanoi Inspectorate, the External
Monitoring Expert would like to propose ADB to consider a further discussion
with HPC in the coming Mission for resolving the issue.
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APPENDIX
APPENDIX 1: Details of Land Acquisition Progress
N
o.
Wards/Comm
unes
Total of affected land (m2) Total of
acquired
land up to
Quarter
II/2019
Total of
acquired
land in
Quarter
II/2019
Total of
remaini
ng land
%
comple
ted
acquisit
ion
land
Total Public
land (
Sidewa
lk,
transp
ortatio
n land)
Total of
affected
land
belong to
HHs and
Organizati
ons
A. Phase 1 Depot, access line
1 Tay Tuu and
Xuan Phuong 148,340.
0 0 148,340.0
148,340.0 0 0 100
Sub-total A 148,340.
0 0.0 148,340.0 148,340.0 0 0.0 100
B. Phase 2 Depot, access line and Xuan Phuong
Resettlement site
1 Depot 13,552.6 0 13,552.6 13,552.6 0 0 100
2 Access line 8,272.0 0 8,272.0 8,272.0 0 0 100
Sub-total B 21,824.6 0 21,824.6 21,824.6 0 0 100
C. Chem - Ha Dong 110kv High Voltage
1 Phuc Dien 190.0 0 190.0 190.0 0 0 100
Sub-total C 190.0 0 190.0 190.0 0 0 100
D. The Viaduct and Elevated Stations
1 CP01&CP02 325.9 0 325.9 325.9 0 0 100
Sub-total D 325.9 0 325.9 325.9 0 0 100
E. The Underground Tunnel and Stations
Page 41 of 58
N
o.
Wards/Comm
unes
Total of affected land (m2) Total of
acquired
land up to
Quarter
II/2019
Total of
acquired
land in
Quarter
II/2019
Total of
remaini
ng land
%
comple
ted
acquisit
ion
land
Total Public
land (
Sidewa
lk,
transp
ortatio
n land)
Total of
affected
land
belong to
HHs and
Organizati
ons
1 Station No.9 12,884.0 5,321.2 7,562.8 7,495.3 58.4 67.5 99.1
2
Station
No.10 6,993.0 4,189.9 2,803.1 2,742.6 231.50 60.5 97.8
3
Station
No.11 6,957.0 3,309.2 3,647.8 3,411.0 469.2 236.8 93.5
4
Station
No.12 5,977.0 4,791.8 1,185.2 1,122.4 143.4 62.9 94.7
Sub-total E 32,811.0 17,612.1 15,198.9 14,771.3 902.49 427.7 97.2
Total 203,491.5 17,612.1 185,879.4 185,451.8 902.49 427.7 99.8
Page 42 of 58
APPENDIX 2: List of HHs and organizations affected by the Package CP3 (S9-S12)
Station 9:
Order Names of affected households Address Notes 1 Đỗ Thị Mùi 477 KM
03 hhs has been approved by HPC for still staying as their land has been acquired partly
2 Nguyễn Đình Thành 475 KM 3 Phạm Thị Giáp 473 KM 4 Tạ Tường Hải 471 KM 5 Nguyễn Thị Hương 469 KM 6 Phạm Thị Thanh Mai 467 KM 7 Phạm Văn Tuyên 423 KM 8 Triệu Hoàng Trung 427+429 KM 9 Đỗ Hữu Viêm 419+421 KM
10 Nguyễn Thị Vân Anh 425 KM Order Names of affected organizations Address Notes
1 Car -Parking Company 2 Hoan Cau Company
Station 10:
Order Names of affected households Address Notes 1 Cao Văn Tuý - Nguyễn Thị Hà 29B Cát Linh
2 Bà Lê Thanh Hương và các đồng thừa kế có quyền lợi, NV liên quan. 29C Cát Linh
3 Trần Kim Phương 33 Cát Linh
4 Nguyễn Đức Hiền - Phạm Thu Lan 1/33 Cát Linh
5 Vũ Huy Sỹ và những người có QL, NV liên quan đến bà Nguyễn Thị Xuyến (đã chết)
4/33 Cát Linh
6 Trần Xuân Tùng - Nguyễn Tuyết Lan 33A Cát Linh 7 Bùi Tuấn Anh 33A Cát Linh 8 Lê Công Kỷ - Lê Thị Thủy 33B Cát Linh 9 Trần Mạnh Hưng - Nguyễn Kim Oánh 33D Cát Linh
10 Nguyễn Hoàng Cường - Vũ Thị Bích Dung
33E Cát Linh
11 Đỗ Trung Kiên - Nguyễn Thị Hải 33L Cát Linh 12 Nguyễn Văn Thắng - Trần Thị Phú 33H Cát Linh
13 Trần Thị Thanh - Hồ Quang Thắng - Hồ Thị Thảo - Hồ Quang Thành
2/35 Cát Linh
14 Phạm Quốc Cường - Vũ Hồng Hạnh 37 Cát Linh 15 Vũ Hồng Yến 37A Cát Linh 16 Ngô Văn Thanh - Nguyễn Thị Toán 37B Cát Linh 17 Đàm Thế Xương 37C Cát Linh 18 Phan Đình Lực 37D Cát Linh 19 Trần Thế Hải - Phạm Kim Phượng 39 Cát Linh 20 Đào Minh Ngọc - Đào Thúy Nga 41 Cát Linh
Page 43 of 58
Order Names of affected households Address Notes (tầng 1)
21 Đào Thị Như Phương - Đào Thúy Nga - Đào Đức Minh
41 Cát Linh (tầng 2)
22 Đào Đức Minh 41 Cát Linh (tầng 1)
23 Lê Minh Hùng 41 Cát Linh (tầng 2)
Order Names of affected organizations Address Notes 1 Cat Linh Primary School 31A Cát Linh 2 Cat Linh Secondary School 31 Cát Linh
3 Cienco 1 Company 33D và 3/33 Cát Linh
4 Vinafco Company 33L Cát Linh 5 Gueshouse No 3 – Lao Cai PPC Office 33C Cát Linh
6 Hanoi MTV housing management Company
35B Cát Linh
7 Pullman Hotel - Global Toserco Company
40 Cát Linh
Station 11:
Order Names of affected households Address Notes Văn Chương Ward
1 Phạm Xuân Mỹ 23 QTG
2 Nguyễn Quang Giao - Nguyễn Thu Lương
23 QTG
3 Nguyễn Kim Anh 23 QTG 4 Nguyễn Lan Phương 23 QTG
5 Nguyễn Kim Anh và những người có QL, NV liên quan 23 QTG
6 Ngô Xuân Hưởng 23 QTG 7 Nguyễn Thị Hậu - Nguyễn Văn Tùng 23 QTG 8 Nguyễn Hồng Vân 27H QTG 9 Nguyễn Sơn Đông 27A QTG
10 Hoàng Bá Hiền 27B QTG 11 Trần Mạnh Hà - Trần Thanh Thủy 27C QTG 12 Nguyễn Văn Dũng - Nguyễn Thị Bình 27D QTG 13 Tăng Thị Nhàn 27E QTG 14 Ngô Hồng Quân - Nguyễn Thị Thái 27G QTG 15 Nguyễn Văn Thuần 27K QTG 16 Phạm Thế Hùng - Nguyễn Thị Nga 27I QTG 17 Nguyễn Tuấn Anh - Vương Kim Dung 29 QTG 18 Phạm Ngọc Phi - Ngô Thị Chí Thanh 29 QTG 19 Đỗ Thị Nguyên 31 QTG
Page 44 of 58
Order Names of affected households Address Notes 20 Ngô Quang Huy 31 QTG 21 Lê Đình Toàn - Trần Thị Tính 33 QTG 22 Mai Thị Liên 35 QTG 23 Phạm Ngọc Long - Nguyễn Thị Đào 37 QTG 24 Lê Đình Minh - Chu Bích Thủy 37 QTG 25 Nguyễn Đình Thuận - Nguyễn Thị Liên 37 QTG 26 Phạm Ngọc Long - Nguyễn Thị Đào 39 QTG
27 Đặng Thị Liên và những người có QL, NV liên quan đến ông Nguyễn Tiến Dũng (đã chết)
41 QTG
28 Trần Thị Lạng và những người có quyền lợi, nghĩa vụ liên quan 41 QTG
29 Mai Thị Liên 43 QTG
30 Ông Đỗ Thiện Sơn và những người có QL, NV liên quan
43 QTG
31 Đỗ Thiện Sơn - Đoàn Thị Hoa 43 QTG 32 Đỗ Thiện Hải - Huỳnh Thị Thoa 43 QTG 33 Đỗ Thiện Hà - Chử Thị Vĩnh 43 QTG
34 Đỗ Việt Hưng và những người có QL, NV liên quan đến ông Đỗ Chí Hùng và bà Nguyễn Thị Hoành
43 QTG
35 Nguyễn Thị Phượng 45 QTG
36 Đoàn Thị Thanh Bích và những người có quyền lợi liên quan đến ông Đỗ Duy Kỳ (đã chết)
47 QTG
37 Vũ Ngọc Giao - Trần Thị Hồng 49 QTG 38 Nguyễn Bá Lâm - Nguyễn Thị Thoa 49A QTG 39 Hoàng Thịnh Trường 1/49 QTG 40 Phạm Thị Ngọc Hòa 1/49 QTG
41 Cao Thị Xiêm và những người có QL, NV liên quan đến ông Nguyễn Thảo (đã chết)
2/49 QTG
42 Nguyễn Đăng Tiệm - Thế Thị Thìn 4/49 QTG 43 Vũ Đức Thắng 5/49 QTG 44 Trần Hữu Trâm - Bùi Thị Nhi 9/51 QTG 45 Nguyễn Việt Dũng - Nguyễn Thị Nga 51B QTG
46
Ông Trần Tuấn Đức, Bà An Thị Thúy Hà và những người có QL, NV liên quan đến ông Trần Nhân Tài và bà Bùi Thị Tịnh (đã chết)
51 QTG
47 Đỗ Văn Lán và những người có QL, NV liên quan đến bà Nguyễn Thị Tới ( đã chết)
51 QTG
48 Ngô Văn Hưng - Đỗ Lệ Hằng 1/51 QTG 49 Nguyễn Thị Chung - Nguyễn Thiện Hồ 11/51 QTG
50 Bà Phạm Thị Dõi và những người có quyền lợi, nghĩa vụ liên quan đến ông 53 QTG
Page 45 of 58
Order Names of affected households Address Notes Đỗ Văn
51 Đào Đức Hiền - Hà Thị Thái 53 QTG 52 Phạm Thị Tâm - Vũ Nhật Hòa 55 QTG 53 Nguyễn Thị Phượng 55B QTG
54 Nguyễn Quốc Dũng - Khúc Thiên Hương
57 QTG
55 Bà Đỗ Thị Phúc và những người có quyền lợi NV liên quan
1 ngõ Lương Sử A - QTG
56 Vũ Viết Liêm - Trần Thị Hiền 2 ngõ Lương Sử B
57 Đàm Minh Trâm - Phạm Thị Thanh Hương
12 ngõ Lương Sử A
58 Nguyễn Hoàng Anh 7 ngõ Lương Sử B
59 Đặng Thị Thanh Hương 9 ngõ Lương Sử B
Văn Miếu Ward
60 Nguyễn Văn Son - Nguyễn Thị Phượng 56A Quốc Tử Giám
61 Phạm Văn Chương - Nguyễn Thị Lan Anh
56A Quốc Tử Giám
Order Names of affected organizations Address Notes
1 HoChiMinh administrative politics Institute
56B Quốc Tử Giám
2 Ministry of planning and investment 65 Văn Miếu
3 Hanoi MTV urban environment Company
49 Quốc Tử Giám
4 Thang Long MTV Company 27 Quốc Tử Giám
Station 12:
Order Names of affected households Address Notes Cửa Nam & Phường Trần Hưng Đạo Wards
1 Bà Nguyễn Huyền Trang và ông Phan Hải Cường
107 THĐ
2 Ông Nguyễn Văn Hoằng và bà Nguyễn Thị Nga
107 THĐ
3 Ông Hà Quang Tuấn 107 THĐ 4 Ông Lê Công Biển 107 THĐ 5 Ông Nguyễn Ngọc An 107 THĐ 6 Bà Lê Thị Minh Tâm 107 THĐ 7 Bà Phạm Thị Sỹ 107 THĐ 8 Ông Nguyễn Bình Phúc 107 THĐ 9 Bà Nguyễn Thị Minh 107 THĐ 10 Ông Trần Quang Thến 107 THĐ
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Order Names of affected households Address Notes 11 Bà Vũ Thị Thúy Hằng 107 THĐ 12 Bà Nguyễn Thị Từ 107 THĐ
13 Bà Hoàng Thị Huyền - Nguyễn Hoàng Quân 107 THĐ
14 Ông Nguyễn Đình Tập 107 THĐ 15 Ông Lê Minh Thuy 107 THĐ 16 Ông Nguyễn Đức Trùy 107 THĐ 17 Ông Vũ Văn Toàn 107 THĐ 18 Bà Nguyễn Thị Thịnh 107 THĐ 19 Ông Đặng Văn Thiều 107 THĐ 20 Ông Phạm Ngọc Ánh 107 THĐ 21 Ông Vũ Văn Kiêm 107 THĐ 22 Bà Trương Thị Mỹ Hạnh 107 THĐ 23 Ông Lưu Trí Hoan 107 THĐ 24 Ông Trần Đình Đồng 107 THĐ 25 Ông Lê Đức Tùng và các đồng thừa kế 102B THĐ 26 Bà Nguyễn Thị Hà Thanh 102B THĐ 27 Ông Lê Ánh Hồng 98A THĐ
28 Ông Đinh Anh Tuấn và bà Nguyễn Thị Thúy Hường
48C PBC
29 Bà Nguyễn Thúy Quỳnh và ông Nguyễn Phú Cường
98A THĐ
30 Ông Phan Văn Minh 107 THĐ
31 Ông Nguyễn Đình Bình và bà Trần Thị Thu Huế 107 THĐ
32 Bà Nguyễn Thị Tiến và các đồng thừa kế của ông Nguyễn Ngọc Thiện 98A THĐ
33 Bà Nguyễn Thúy Hương 98A THĐ
34 Bùi Đức Vĩ - Bùi Đức Thắng - Bùi Thanh Sơn
100 THĐ
35 Ông Nguyễn Đăng Thu 102 THĐ
36 Đào Tuyết Hoa - Đào Tuyết Hà - Đào Thị Mỹ Hiền - Đào Mỹ Hằng
102B THĐ
37 Ông Trịnh Văn Luận và ông Đỗ Tuấn Anh 48 PBC
38 Bà Đinh Thị Kim Anh 48C PBC 39 Ông Nguyễn Quốc Lịch 48 PBC
40 Ông Nguyễn Viết Pháp và các đồng thừa kế của bà Nguyễn Thị Thắng
102 THĐ
41 Bùi Mạnh Cường - Lê Thanh Lan - Bùi Thái Linh - Bùi Thái Ly
98A THĐ
42 Ông Nguyễn Đình Bình và bà Trần Thị Thu Huế
102B THĐ
43
Đinh Văn Trung - Nguyễn Thị Dung - Lê Thị Kim Phượng - Đinh Thị Thanh Hiếu - Đinh Thùy Hương - Phạm Hoàng Tùng
102B THĐ
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Order Names of affected households Address Notes 44 Ông Nguyễn Gia Linh 102 THĐ 45 Bà Nguyễn Thị Thanh Nhàn 99 THĐ
46 Ông Chu Trọng Huyến và Bà Trịnh Thị Tâm 48 PBC
47 Bà Nguyễn Thị Viên 98A THĐ Order Names of affected organizations Address Notes
1 Hoan Kiem District People’s Committee 106B THĐ 2 Vietnam education & science Institute 101 và 106 THĐ
3 Hanoi Gas Station - Yên Viên locomotive Factory 106B THĐ
4
Construction & Installation Factory No 1 - Bach Dang MTV Company – General Logistics Department – Ministry of Police
106B THĐ
5 Soviet union friendship palace 91 THĐ 6 Vietnam Railway general corperation 107 THĐ
APPENDIX 3: List of Interviewees during the monitoring period
Order Names of Interviewees Position/ Address 1 Nguyen Ba Son Manager of PID1 of MRB
2 Nguyen Tuan Anh Head, Resettlement Unit/ Deputy Manager of PID1 of MRB
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3 Nguyen Hoang Nam Manager of Financial Accounting Department of MRB
4 Vu Duc Chinh PIC for S9 LAR of MRB 5 Phuong Tien Luong PIC for S10 LAR of MRB 6 Truong Chi Tai PIC for S11 LAR of MRB 7 Nguyen Tuan Dung PIC for S12 LAR of MRB
8 Nguyen Duy Tung PIC for S12 LAR and Head of data/report consolidation team of MRB
9 Luu Trung Dung Deputy Manager of Admin Dept./ Head of grievance team of MRB
10 Nguyen Thi Nhung Member of grievance team of MRB 11 Nguyen Tai Thu PIC for CP1 of MRB 12 Nguyen Thanh Phong Leader of Financial team, PID1 of MRB 13 Nguyen Tung Lam Officer of Dong Da DCARB 14 Tran Trong Khang Deputy of Construction Inspector of Dong Da 15 Nguyen Van Dung Officer of Ba Dinh DCARB
16 Duong Dinh Chien Head of No.20 residential area of Van Chuong ward
17 Nguyen Van Chi Renter at 27I Quoc Tu Giam street 18 Pham Van Chuong Quoc Tu Giam, Dong Da district 19 Nguyen Van Son Quoc Tu Giam, Dong Da district 20 Tran Xuan Tung Cat Linh, Dong Da district 21 Bui Tuan Anh Cat Linh, Dong Da district 22 Le Cong Ky Cat Linh, Dong Da district 23 Tran Manh Hung Cat Linh, Dong Da district 24 Nguyen Hoang Cuong Cat Linh, Dong Da district 25 Do Trung Kien Cat Linh, Dong Da district 26 Tran Thi Phu Cat Linh, Dong Da district 27 Pham Van Ngoc Kim Ma, Ba Dinh district 28 Nguyen Quang Vinh Kim Ma, Ba Dinh district 29 Nguyen Thi Van Anh Kim Ma, Ba Dinh district 30 Nguyen Quang Thang Kim Ma, Ba Dinh district 31 Pham Van Tuyen Kim Ma, Ba Dinh district 32 Nguyen Manh Cuong Kim Ma, Ba Dinh district 33 Tran Dung Son Kim Ma, Ba Dinh district 34 Nguyen Thi Huong Kim Ma, Ba Dinh district 35 Nguyen Hoang Quan Tran Hung Dao, Hoan Kiem district 36 Nguyen Thi Tu Tran Hung Dao, Hoan Kiem district 37 Nguyen Duc Truy Tran Hung Dao, Hoan Kiem district 38 Nguyen Dinh Tap Tran Hung Dao, Hoan Kiem district 39 Le Minh Thuy Tran Hung Dao, Hoan Kiem district 40 Vu Van Toan Tran Hung Dao, Hoan Kiem district 41 Nguyen Thi Thinh Tran Hung Dao, Hoan Kiem district 42 Bui Trung Hoa Vice Chairman of Tay Tuu WPC 43 Nguyen Thi Thoa Tay Tuu ward, Bac Tu Liem district 44 Nguyen Thien Cuong Tay Tuu ward, Bac Tu Liem district 45 Nguyen Thi Tinh Tay Tuu ward, Bac Tu Liem district 46 Nguyen Van Luan Tay Tuu ward, Bac Tu Liem district
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47 Nguyen Minh Phuong Tay Tuu ward, Bac Tu Liem district 48 Nguyen Thien Binh Tay Tuu ward, Bac Tu Liem district 49 Phan Thi Ky Tay Tuu ward, Bac Tu Liem district 50 Nguyen Thi Lan Tay Tuu ward, Bac Tu Liem district 51 Bui Van Truong Tay Tuu ward, Bac Tu Liem district
APPENDIX 4: Some photos during the monitoring period
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Xuan Phuong resettlement site - DD1
(the original place for RS) Xuan Phuong resettlement site - TT6.1A and TT6.1C (the current place for RS)
Relocation Apartments at N07 Building
(Dich Vong, Cau Giay District) Relocation Apartments at CT2 Building
(Hoang Cau, Dong Da District)
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Meeting with AHs in Depot area
Affected shops by Ventilation Shaft at S9
Notification posted to HHs before the force
eviction in April 2019
Force Eviction at S11 without any violence
in April 2019
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Local Authorities started announcing the
force eviction procedures in front of affected houses at S10
GTC building at S11 in preparation to be demolished
The house at S10 asking for LURC adjustment after land acquisition
Started trial fencing at S12 on June 27th, 2019
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APPENDIX 5: Status of Compliance with ADB Loan Covenants
Loan 2741-VIE
Product Schedule Para No. Description Remarks/Issues Type
Loan 2741 Schedule 5
7 Grievance Redress Mechanism. HPC shall ensure that within 60 days from the effective date, a complaint and problem management task force, acceptable to ADB, is established and functioning effectively to: (a) review and document eligible complaints of project stakeholder; (b) proactively address grievances; (c) provide the complainants with notice of the chosen mechanism/action; and (d) prepare periodic reports to summarize the number of complaints received and resolved, and final outcomes of the grievances and chosen actions and make these reports available to ADB upon request. Eligible complaints include those related to the project, any of the service providers, any person responsible for carrying out the project, complaints on misuse of funds and other irregularities, and grievances due to any safeguard issues, including resettlement, environment, ethnic minorities, and gender.
Partially complied with.
Grievance coordination mechanisms (GCM) following the existing legal provisions of government’s grievance redress mechanism (GRM) have been developed to facilitate resolution of complaints regarding the project’s resettlement and construction impacts. MRB had a meeting with HPC for the explanation of GCM and issued decision on the establishment of the Grievance Receiving, Screening and Settling Unit (GRSSU) in October 2018. Currently waiting for final approval from HPC.
Others
Loan 2741 Schedule 5
9 Resettlement. HPC shall, and shall cause HRB to ensure that (a) the RP for the project is implemented in accordance with its terms; (b) all land and rights-of-way required for the projects are made available in a timely manner; (c) the provisions of the RP, including compensation and entitlements for APs, shall not be downgraded and are implemented in accordance with all the Borrower's applicable laws and regulations and SPS; (d) all APs are consulted and given adequate opportunity to participate in resettlement planning and implementation; (e) compensation and resettlement assistance are given to APs prior to their dispossession and displacement; (f) timely provision of counterpart funds
Partially complied with.
(a) Complied with delay. Land acquisition is not yet completed for the underground section. Some outstanding grievances at the depot and access line sections are being addressed.
(b) Partially complied with. Land handover for the underground section is significantly delayed. (c) Being complied with. Some provisions of the RP
Safeguards
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is made for land acquisition and resettlement activities; (g) any obligations in excess of the RP budget estimate are promptly met; (h) APs are at least as well off as they would have been in the absence of the project; (j) the RP is revised as necessary to reflect any significant material changes in the project scope, and submit any such changes to ADB for its acceptance; (k) HRB supervises the contractors to ensure compliance with requirements of the RP; (i) adequate staff and resources are committed to supervising and monitoring implementation of the RP; and (m) an external monitoring agency, acceptable to ADB is engaged by HRB before the conduct of detailed measurement survey to monitor compliance and forward reports to ADB and HPC as specified in the RP.
for the Depot and Access Line Section that were not provided in 2015 are being supplemented. Provisions of the RP for the Underground Section are being made to the affected persons.
(d) Complied with. APs are consulted during RP preparation, updating, implementation and monitoring.
(e) Partially complied with. Some resettlement assistance was not yet provided to APs of the Depot and Access Line Section prior to their dispossession and displacement.
(f) – (g) Complied with. Budget is available for land acquisition and resettlement. (h) Partially complied. Income restoration measures are disclosed to APs of depot and access line section for registration. Some APs are reported not to be able to rebuild their affected houses and have to live in temporary house arrangement. Income restoration program for APs of underground section and assistance to the loss of income for the fully affected households are yet to be provided.
(i) Being complied with.
(j) Complied with. The RF and the RP for the Underground Section have been updated reflecting the provisions of the new Land Law 2013 and other recently issued regulations and covering all additional land acquisition impacts by the stations. (k) Complied with.
(l) Complied with. MRB assigned dedicated staff to
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supervise and monitor RP implementation.
(m) Complied with delay. Internal monitoring reports submitted for Q3-Q4 2018 and Q1 2019. External resettlement monitoring reports is pending, as the external monitoring consultant recruited by PMS2 just recently engaged and mobilized. The external monitoring report will be submitted quarterly starting Q2 2019.
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APPENDIX 6: Findings Summary/ PHỤ LỤC 6: Tóm tắt kết quả
Báo cáo giám sát tái định cư (TĐC) độc lập này được thực hiện cho giai đoạn từ
tháng 4 đến tháng 6 năm 2019, mục tiêu giám sát tập trung vào các vấn đề: (i) theo
dõi tình trạng thu hồi đất, di dời các hộ bị ảnh hưởng và các tổ chức bị ảnh hưởng;
(ii) giám sát và kiểm tra việc bồi thường và hỗ trợ cho các hộ gia đình và các tổ chức
bị ảnh hưởng đã được thực hiện phù hợp với các quy định của Kế hoạch hành động
TĐC cập nhật (URP) đã được đồng ý và Khung chính sách bồi thường, hỗ trợ và
TĐC cập nhật (URF) hay không; (iii) xác nhận các hộ bị ảnh hưởng có hiểu quyền
và lợi ích của họ hay không, và các thông tin đã được phổ biến đầy đủ cho các hộ bị ảnh hưởng, bao gồm quy chế giải quyết khiếu nại; (iv) xác định các vấn đề bồi
thường và TĐC nổi bật đòi hỏi sự quan tâm của các cơ quan liên quan đến Dự án;
(v) đánh giá những thay đổi về sinh kế của các hộ bị ảnh hưởng; (vi) đánh giá việc
thực hiện phục hồi thu nhập cho người bị di dời; (vii) đánh giá hiệu quả, tác động và
tính bền vững của các hoạt động TĐC và đưa ra các khuyến nghị cần thiết trong
việc thực hiện TĐC cho Dự án.
Phương pháp giám sát được thực hiện qua 2 công tác, bao gồm nghiên cứu tài liệu
và công tác hiện trường. Các tài liệu từ Ban quản lý đường sắt đô thi (QLĐSĐT) Hà
Nội, Ban bồi thường và giải phóng mặt bằng (BTGPMB) các quận Bắc Từ Liêm, Ba
Đình, Đống Đa và Hoàn Kiếm được thu thập và phân tích (Kế hoạch tái định cư cập
nhật, các báo cáo tiến độ, các quyết định, quy định về thu hồi đất, bồi thường, hỗ trợ
và tái định cư liên quan tới Dự án, các quyết định phê duyệt phương án bồi thường
cho hộ dân, thông báo thu hồi đất,….). Bên cạnh đó, báo cáo giám sát tái định cư nội bộ cũng là một nguồn thông tin tham khảo hữu ích.
Đối với công tác hiện trường, Tư vấn giám sát TĐC độc lập đã tiến hành các cuộc
tham vấn cũng như phỏng vấn đối với các bên liên quan đến hoạt động GPMB &
TĐC, bao gồm các cán bộ của Ban QLĐSĐT Hà Nội, cán bộ của các Ban BTGPMB,
các hộ dân bị ảnh hưởng, các cán bộ phụ trách thi công để nắm được các ảnh
hưởng trong thi công. Trong các kỳ giám sát tới, Tư vấn giám sát TĐC độc lập sẽ
tiếp tục duy trì các cuộc gặp gỡ với chính quyền địa phương và các hộ BAH, trong
công trường và các khu vực TĐC để nhằm (i) giám sát việc thực hiện chính sách
GPMB & TĐC; (ii) sự hài lòng của các hộ BAH; (iii) sinh kế và thu nhập của các hộ
BAH; và (iv) nếu có các khiếu nại, hoặc các khiếu nại tồn đọng.
Căn cứ theo các tài liệu cập nhật mới nhất, tổng số đất bị ảnh hưởng bởi DỰ án là
203.491,5 m2, trong đó 17.612,1 m2 thuộc về đất công và 185,879,4 m2 thuộc về
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đất của 534 hộ gia đình và 21 tổ chức và các cơ quan. Tiến độ GPMB cho các diện
tích còn lại chưa đạt được tiến độ yêu cầu như được đề cập tại “Kế hoạch điều
chỉnh bàn giao từng phần cho các phần diện tích còn lại” được UBND Tp. Hà Nội và
ADB thống nhất. Ban QLĐSĐT Hà Nội đã giải thích rằng vấn đề bàn giao mặt bằng
này không ảnh hưởng tới tiến độ thi công của Nhà thầu. Dải phía Bắc của Ga số 11
và 12 sẽ được bàn giao cho Nhà thầu trong tháng 8 và tháng 7/2019. Tuy nhiên,
không có kế hoạch cụ thể cho vệc bàn giao mặt bằng tại Ga số 9 và số 10. Ban
QLĐSĐT Hà Nội cần phải làm rõ kế hoạch thi công của Nhà thầu tại Ga số 9 và số
10 để đảm bảo rằng không có bất kỳ tác động nào tới tiến độ thi công của Nhà thầu
liên quan tới vấn đề thu hồi đất
Trong tổng số 534 hộ bị ảnh hưởng, 196 hộ phải di dời và 86 hộ kinh doanh sẽ bị ảnh hưởng. Trong tổng số 196 hộ phải di dời thì có 127 hộ đủ điều kiện được bố trí
TĐC, trong đó có 21 hộ bị ảnh hưởng tại Khu vực Đề pô và đường dẫn được bố trí
đất tại Khu TĐC Xuân Phương và 106 hộ bị ảnh hưởng bởi hầm ngầm và các ga
ngầm (S9-S12: gói thầu CP03) được bố trí căn hộ TĐC tại N07 Dịch Vọng, Cầu Giấy
và các tòa nhà CT2 tại Ao Hoàng Cầu, Quận Đống Đa. Trong Quý 2/2019 có 24 hộ
đã được nhận nhà TĐC, số hộ còn lại đang chờ được cấp căn hộ TĐC là 25 hộ.
Theo kế hoạch của UBND Tp. Hà Nội thì việc bố trí căn hộ TĐC cần được hoàn
thành vào 3/2018. Tuy nhiên, nhiều hộ đã không đến nhận căn hộ TĐC khi Sở xây
dựng Hà Nội và Ban QLĐSĐT Hà Nội tổ chức các sự kiện bàn giao. Ngoài ra, còn
có một số vướng mắc khác về bồi thường và TĐC, đó cũng là lý do chính cho sự
chậm chễ này.
Nhìn chung, việc chi trả bồi thường, hỗ trợ và TĐC của Dự án được Ban QLĐSĐT Hà Nội, Ban BTGPMB các quận, Trung tâm phát triển quỹ đất và UBND Tp. Hà Nội
thực hiện một cách minh bạch. Tuy nhiên để đáp ứng đầy đủ tính tuân thủ của Dự
án, Ban QLĐSĐT Hà Nội cần tiếp tục quan tâm, đốc thúc các cơ quan liên quan sớm hoàn thành các chi trả bồi thường, hỗ trợ.
Đối với công tác chi trả bồi thường, hiện tại vẫn còn 14 hộ dân và 1 tổ chức (thuộc
phạm vi gói thầu CP03) vẫn chưa nhận bồi thường, MRB cần đốc thúc và tiếp tục
phối hợp với UBND và Ban BTGPMB các quận cho các trường hợp chưa tiến hành
chi trả bồi thường còn lại, đặc biệt là trường hợp thu hồi đất bổ sung và các hộ điều
chỉnh Giấy chứng nhận quyền sử dụng đất.
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Đối với công tác chi trả các hỗ trợ, đặc biệt là hỗ trợ ổn định sản xuất kinh doanh,
Hiện nay, mới chỉ có 4 hộ tại quận Hoàn Kiếm nhận được hỗ trợ này, trong khi 52 hộ
vẫn đang chờ đợi xác nhận từ Chi cục thuế các quận. Trong trường hợp các hộ
không hợp lệ để nhận hỗ trợ này, thì Ban QLĐSĐT Hà Nội cần hướng dẫn các Ban
BTGPMB các quận cần căn cứ vào Kế hoạch TĐC đã được phê duyệt để chuyển
sang hỗ trợ cho các hộ kinh doanh không có đăng ký kinh doanh và phải di dời.
Các cuộc tham vấn và việc phổ biến thông tin Dự án về bồi thường, hỗ trợ và TĐC đã được thực hiện đầy đủ, tuân thủ theo các quy định của Chính phủ Việt Nam và
yêu cầu của ADB. Đối với các thông tin liên quan trong quá trình thi công và lắp đặt
hàng rào, các thông tin đã được phổ biến bằng một vài phương pháp, cụ thể là
thông báo trực tiếp đến hộ bị ảnh hưởng, thông báo đến các cơ quan xung quanh,
dán tại bảng thông tin, và thậm chí phát trên truyền hình.
Cơ chế giải quyết khiếu nại là một trong những nội dung của các cuộc họp tham vấn
cộng đồng. Tất cả các hộ bị ảnh hưởng bởi Dự án đều hiểu cơ chế khiếu nại và nơi họ có thể nộp đơn khiếu nại. Con số khiếu nại liên tục được nộp chứng minh rằng
những người khiếu nại tiếp tục tin tưởng vào Cơ chế Khiếu nại hiện hành. Số lượng
khiếu nại liên quan đến việc xây dựng được đưa vào hệ thống quản lý khiếu nại lần
đầu tiên từ Quý này là tín hiệu ban đầu cho các suy xét xa hơn. Vì vậy, Ban
QLĐSĐT Hà Nội nên xem xét việc yêu cầu tất cả các Nhà thầu lắp đặt các Hòm thư góp ý tại công trường trong thời gian tới. Các khiếu nại đáng lưu ý được nộp trong
một thời gian dài là mối quan tâm của Dự án (đặc biệt là các khiếu nại liên quan đến
khu vực Đề pô), do đó Quy chế phối hợp giải quyết khiếu nại nên được Ban
QLĐSĐT Hà Nội hoàn thiện sớm trình UBND Tp. Hà Nội phê duyệt, như một công
cụ bổ sung để tạo thuận lợi cho quá trình giải quyết khiếu nại.
Phụ lục TĐC cho các ảnh hưởng của phần hầm vẫn chưa được hoàn thiện là một
mối quan tâm cần sớm được giải quyết trong thời gian tới. Chỉ khi nào Phụ lục TĐC này được ADB phê duyệt thì Dự án mới có thể tiến hành các công tác cho phần đào hầm. Ban QLĐSĐT Hà Nội cần thúc đẩy Nhà thầu CP03 của mình hơn nữa để nhà
thầu phụ xã hội của họ có thể sớm hoàn thành dự thảo Phụ lục TĐC, bao gồm đầy
đủ các đánh giá cho các tác động có thể xảy ra, và các chính sách bồi thường và tái
định cư cho các ảnh hưởng này.
Tất cả các vấn đề tồn đọng trên sẽ được tiếp tục hỗ trợ, giám sát và báo cáo trong
Quý 3/2019 bởi Tư vấn giám sát độc lập tái định cư.