VIE: GMS Ben Luc Long Thanh Expressway Project

Transcription

1 Internal Monitoring Report Quarterly Report October-December 2015 VIE: GMS Ben Luc Long Thanh Expressway Project Prepared by Dasan Consultants Co. Ltd., in joint venture with Kunhwa Engineering & Consulting Co., Ltd., and International Consultants and Techonocrats PVT., LTD for the Vietnam Expressway Corporation (VEC) and the Asian Development Bank.

2 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. Some information have been removed as they fall within exceptions to disclosure specified in paragraph 97,(x) of ADB s Public Communications Policy (2011).

3 SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF TRANSPORT Vietnam Expressway Corporation (VEC) Internal Monitoring Report (Resettlement & Income Restoration Plan) (Quarterly/October-December 2015) Greater Mekong Subregion (GMS) Ben Luc-Long Thanh Expressway Project Package C1: Supervision Consulting Services (ADB Section) Loan No: 2730-VIE (ADB) No: 65/HDTV VEC/2014 DASAN CONSULTANTS CO. LTD., in joint venture with KUNHWA ENGINEERING & CONSULTING CO., LTD., and INTERNATIONAL CONSULTANTS AND TECHONOCRATS PVT., LTD

4 ACRONYMS ADB AHs APs BLLT CSC DCCs DMS DP DPR EA EPMU GoV GMS GRC HCMC HHs IA IRP IP IR MOT PMC PPCs RP SPS TOR URP VEC Asian Development Bank Affected Households Affected Persons Ben Luc-Long Thanh Expressway Construction Supervision Consultant District Compensation Committees Detailed Measurement Surveys Displaced person Detailed project report Executing agency Expressway Project Monitoring Unit Government of Vietnam Greater Mekong Sub region Grievance Redress Committee Ho Chi Minh City Households Implementing Agency Income Restoration Program Indigenous Peoples Involuntary Resettlement Ministry of Transport Project Monitoring Consultant Provincial Peoples committee Resettlement Plan ADB Safeguard Policy Statement Terms of Reference Updated Resettlement Plan Vietnam Expressway Corporation 1

5 Table of Contents 1. PROJECT BACKGROUND PROJECT DESCRIPTION EXECUTING AGENCY AND INSTITUTIONAL ARRANGEMENT SCOPE OF WORK UNDER LAND ACQUISITION, RESETTLEMENT AND INCOME RESTORATION PROGRAM: Updating of the RP Report Status on Implementation of the resettlement plan Livelihood Restoration Implementation Consultation Meeting carried out during Reporting Period Operation of Grievance Redressal Mechanism (GRM) Identification of Other Issues: Monitoring and Internal assessment

6 1. PROJECT BACKGROUND The proposed project Ben Luc-Long Thanh Expressway (BLLT) is one of 16 expressways under Eastern North-South Expressway according to Development planning of Vietnam expressway network toward 2020 and the vision after 2020 and Detailed planning of Eastern North-South Expressway approved by the Prime Minister in Decision No. 1734/QD-TTg dated 01 December 2008 and Decision No. 140/QD-TTg dated 21 January This expressway will connect with planned Ho Chi Minh City Vung Tau Expressway, which will help create a part of the Southern Economic Corridor under Greater Mekong Sub region (GMS) from Bangkok to Phnom Penh Ho Chi Minh Vung Tau. It is expected that the proposed project will improve the connectivity and reduce poverty by increasing economic efficiency through lower costs and prices, and enhanced social and economic opportunities. In the southern of HCMC, east-west traffic is restricted due to the lack of adequate river crossing facility, forcing vehicle into the center of HCMC. The construction of HCMC ring roads to establish connectivity with neighboring cities by expressway links is considered a high priority by the Government. In this regard, the propose expressway will have significant impacts, albeit in some of the Southeastern Region and Mekong Delta Region. The Project will also go quite a long way to resolve some of traffic problems in the center of HCMC by diverting the through traffic to the expressway, especially trucks carrying container etc. ADB decided to provide the Loan for the Technical Assistant Project Preparatory of GMS Ben Luc Long Thanh Expressway (TA 7155-VIE) and committed the technical, economic and financial capacity of the expressway in the final report completed in February The Basic Design was approved by MOT s Decision No. 2925/QD-BGTVT dated 8 October The Government of Vietnam (GOV) has received Loan No VIE from ADB to finance the costs of Great Mekong Sub region Ha Noi Lang Son, Great Mekong Sub region Ha Long Mong Cai and Ben Luc Long Thanh expressway Technical Assistant Project. Vietnam Expressway Corporation (VEC) is the implementing agency for implementation of the Project. And in order to achieve the above targets, development and construction of BLLT Expressway, which will connect the neighboring cities with the trunk road network, is of paramount importance and a big leap to resolve the traffic problem. 2. PROJECT DESCRIPTION Ben Luc - Long Thanh Expressway Project has an overall length of 58km. It traverses through 16 communes in 7 districts of 3 provinces. The start of the project is from My Yen commune and part of an access-road in Tan Buu commune, Ben Luc district, Long An province; then it goes through Binh Chanh commune, Tan Quy Tay commune, Hung Long commune, Da Phuoc commune in Binh Chanh district; Nhon Duc commune, Long Thoi Commune in Nha Be district, and Binh Khanh commune in 3

7 Can Gio district, in Ho Chi Minh City; then goes through Vinh Thanh commune, Phuoc An commune in Nhon Trach district, Long Phuoc commune, Phuoc Thai commune in Long Thanh district of Dong Nai province. The land acquisition area along the route varies from 56m - 73m wide. The package wise details of the concerned project are presented in Table-1 and Table-2, the RPs of which is being implemented as a part of project component: Table-1: The Package details and Total Length of BLLT Sl. No. 1 Pkg. No. Package A-1 Location Km Length (in Km.) Province Km Long An District Covered Ben Luc Can Giuoc Commune My Yen/ Tan Buu Phuoc Ly Ho Chi Minh City Binh Chanh Binh Chanh Tan Quy Tay 2 3 Package A 2-1 Package A 2-2 Km.: Km.: Km Ho Chi Minh City Binh Chanh Tan Quy Tay Long An Can Giuoc Long Thuong Ho Chi Minh city Binh Chanh Hung Long Km Ho Chi Minh city Binh Chanh Hung Long Da Phuoc 4 Package A-3 Km.: Km Ho Chi Minh city Binh Chanh Nha Be Da Phuoc Nhon Duc 4

8 Sl. No. 5 Pkg. No. Package A- 4 Location Km.: Length (in Km.) Province km Ho Chi Minh city District Covered Nha Be Commune Nhon Duc/ Long Thoi Total Source: Resettlement Plan of all concerned sub-project road, VEC Table-2: The summary of project profile Description Packages * Project Name A.1. A.2-1 A.2.2 A.3. Project Location Km Km.: Km Km.: Contract Number 03/HDXD-VEC/ /HDXD- VEC/ /HDXD- VEC/ /HDXD-VEC/2015 Executing Agency Vietnam Expressway Corp. Vietnam Expressway Corp. Vietnam Expressway Corp. Vietnam Expressway Corp. Contract Length Km Km Km Km Source of Fund ADB Loan No.: VIE ADB Loan No.: 2730-VIE ADB Loan No.: 2730-VIE ADB Loan No.: VIE Contractor JV Halla Corp Vinaconex Eng.Cons.&Invest.JSC. JV Kukdong Eng.Consrt. Co.- Trung Chinh T.C. Joint Venture of Samwhan Corporation - Vạn Cuong JV Halla Corp Vinaconex Eng.Cons.&Invest.JSC. NTP May 26 th, 2015 May 19 th, 2015 Aug. 15th 2015 May 19 th, 2015 Contract Period 1080 days 1,076 days 1050 days 1,095 days *The mobilization of Package A-4 Contractors has not been done up to December EXECUTING AGENCY AND INSTITUTIONAL ARRANGEMENT Vietnam Expressway Corporation and Expressway Project Management Unit (VEC/EPMU) is project implementing agency, responsible for the implementation of the project. EPMU is responsible for the approval of the detailed design, disbursement of funds, monitoring of the project implementation and coordination with the Ministry of Transport, the ADB, the People's Committees of concerned districts and communes affected by the Project. The EPMU will be responsible for the daily monitoring of the implementation of the project. The EPMU will coordinate with the People's Committees of Dong Nai, Long An and Ho Chi Minh City to update and implement the resettlement plans and ensure the close coordination with the PPCs of 5

9 Dong Nai, Long An and Ho Chi Minh City, project monitoring consultants, independent resettlement consultant and construction contractors for the implementation and monitoring of the resettlement plan. The project director of VEC will lead the project management unit and monitor the entire project supported by deputy directors of the project management unit to support the director. The People s Committees of commune/ districts/provinces will take the overall responsibility for the resettlement activities within their management authorities. The EPMU will be assisted by Project Monitoring Consultant (PSC) for implementation of RP and Income Restoration Plan (IRP) under CSC, which has a team of one international and one domestic Resettlement Specialist. The CSC Resettlement Specialist will also assess the capacity of the implementing units and provide capacity building support, if necessary (such as seminars on resettlement) and ensure the smooth implementation of Resettlement Plans. During the implementation of RP, an external monitoring consultant, approved by the ADB, will be appointed to monitor and evaluate the RP updating and implementation. Here, a Consulting service contracts is made on the 12th November 2014 between Vietnam Expressway Corporation (hereinafter refer to as VEC) and Joint Venture of Dasan Consultant Co., Ltd, with Kunhwa Engineering & Consultant Co., Ltd. and Intercontinental Consultants and Technocrats Pvt., Ltd, here as project supervision consultant (CSC). The Team Leader /Highway Engineer of the project supervision consultant act as the Engineer of the Project, while Resettlement Specialist of CSC will monitor the RP implementation. 4. SCOPE OF WORK UNDER LAND ACQUISITION, RESETTLEMENT AND INCOME RESTORATION PROGRAM: The CSC will assist VEC in updating and implementation of the agreed Resettlement Plan; prepare quarterly social and resettlement monitoring reports until the livelihood development and income restoration program is completed, and prepare corrective action plans, as required. As per requirement of TOR for smooth implementation of Resettlement Plan, the following task will be accomplished by the CSC: 1. Update resettlement plans, 2. Implement the resettlement plan sufficient to allow the commencement of construction activities. 3. Monitor income restoration program 4. Consultation & Participation 5. Documentation of Operation of GRM, and 6. Identification of Other Issues The activities related to the implementation of the resettlement plan, Income restoration plan and gender activities will continue during the construction phase of the project and the CSC consultant will undertake the following tasks as specified in the TOR (TOR, Section-7, sub-para 3.1 to 3.7 and sub-para 4.1 to sub-para 4.12): 4.1 Updating of the RP Report The updating of RP has been done as per following details: 6

10 Table-3: Status on updating of RPs Sl. No. Description of RP Original RP Date Date of RP Updating 1 Resettlement Plan, Binh Chanh District, Ho Chi Minh City 2 Resettlement Plan, Ben Luc district, Long An province 3 Resettlement Plan, Can Giuoc district, Long An province July 2010 May 2014 July 2010 April 2013 July 2010 November Resettlement Plan, Nha Be district, Ho July 2010 April 2014 Chi Minh City 5 Resettlement Plan, Can Gio district July 2010 March Resettlement Plan, Nhon Trach district July 2010 August Resettlement Plan, Long Thanh district July 2010 September Updated number of Affected Households in Ccomparison to RP list: Resettlement Plan Report, prepared at the time of detailed Design of the project was updated, keeping in mind the impact on population as per final design. At the time of updating of RP, verification of affected households was done by the concerned agency. Accordingly, the final list of affected households was prepared in the process to update the list of affected people. It was observed that there was sharp diminution in the number of affected households from approved RP to final updated list. The updated list of DPs, will form the basis of preparation of compensation Plan, the details of affected households as per RP and updated list, are presented in the Table-4 below: Table-4: Updated number of Affected Households in comparison to RP list No of Affected HHs Sl. No. Km Chainage District/ Commune As Per updated (As per RP) Decision 1 Km to Km Ben Luc District A. Tan Buu B. My Yen Total Km to Km Binh Chanh District A. Binh Chanh B. Tan Quy Tay C. Hung Long D. Da Phuoc Public Land 0 0 Total 1, Km to Km Can- Giuoc District 7

11 Sl. No. Km Chainage District/ Commune 4 5 Km to Km & J1 JICA Section (J2-J3) Area of Impacted Land as per updated Decision: (As per RP) No of Affected HHs As Per updated Decision A. Phuoc Ly B. Long Thuong Total Nha- Be District A. Non-Duc B. Long Thoi Total Can Gio District A. Binh Khanh Total Total Land Acquisition is the major issues to progress of work. The project alignment has been designed in a new land which consists of nearly 85% are residential and the remaining are agriculture land and more or less is swampy river area. The area of land acquisition has been completed and there is marginal change in actual amount of land acquisition from updated RP to acquisition at the time of project execution. The change of land acquisition is also updated by the agency and same is reported here. The table below gives clear picture of updated status of land acquisition: Sl. No. District / Commune Table-5: Updated Status of Land Acquisition Pkg Area of Affected Land as per updated RP (Ha) Govt. Private Total Land Land Land Area of Impacted Land as per updated Decision Govt. Private Total Land Land Land 1 Ben Luc A Binh Chanh A1, A2-1, A2-2 and A3 3 Can Giuoc A1, A Nha Be A3, A4, J Can Gio J2 & J Total Budgeted amount for RP implementation In order to up to date the Resettlement Budget an analysis was done. As against the approved amount of land and property acquisition on the basis of RP, the updated information on final budget is also being assessed. The table below will delineate the budget provision of RP implementation: 8

12 Table -6: Resettlement Budget as per URP and Updated Budget Sl. No. District RP Budgeted Amount (in Billion VND) LAR Budget Requirement (based on MOT updated decision) (in Billion VND) Remarks 1 Ben Luc District The updated 2 Can Giuoc District information on final resettlement budget is based on Master 3 Binh Chanh 1, , list and various 4 District Nha- Be District updated Decision of District 5. Can Gio compensation Committee Total , Status on Implementation of the resettlement plan Implementation of RP and IRP consists of several resettlement and income generation activities. The Consultant has taken several measures steps to assist in efficient execution of RP and IRP implementation and these measures will be continued up till end of the project. These includes interaction of resettlement team under International Resettlement Expert with local peoples committee, EPMU field staff, Contractors, and with diverse stakeholders including APs, who are directly or indirectly associated with RP and IRP implementation and helping VEC in smooth implementation of RP. On the basis of TOR, The following main activities have been considered for monitoring in the process of implementation of RP and IRP: General Progress in Land Clearance and Handing over Land for Civil Works Resettlement Livelihood Restoration Consultation & Participation Operation of GRM Other issues The status report on different activities of Resettlement Plan and Income Restoration implementation is delineated as follows: General Progress in Land Clearance and Handing over Land for civil Works The success of the RP implementation depends upon the progress of Land Acquisition its readiness to be handed over for civil works as well as compliance with conditions for handing over. The timely payment of all forms of compensation including affected assets (land/ non-land, crops, etc) or loss of income, all types of allowances and assistance except income restoration which is presented separately in another section, is inevitable. If required, HHs provided interim measures agreed in RP such as rental assistance, while waiting for completion of resettlement site. Keeping in mind the above objectives, a summary table has been prepared, which has details of No. of AHs, eligible for compensation and assistance, The affected households, who needs to be relocated, Land handed over for civil works construction and pending works, which requires special attention: 9

13 Table -7: General Progress in Land Clearance and Handing over Land for civil Works (Up Till December 2015) AHs eligible for compensation 1 and/or assistance/allowances AHs required to relocate (eligible households only) Remaining encumbrance Land handed over for civil works Project Component / Location [Dist/ commune, etc] Total AHs # AHs # Femaleheaded AH Total AHs # AHs fully paid # Femaleheaded AH % Progress (AHs) Total AHs Total # AHs # Female headed AH Total AHs # AHs resettled # Femaleheaded AH % Progress [Yes/No] Date handed over 1 Expected date to hand over Civil works contract award date 2 Ben Luc * Tan Buu y My Yen y Can Giuoc Phuoc Ly Y Long Thuong N Binh Chanh Binh Chanh Y Tan Quy Tay Y Hung Long Y Da Phuoc Y Nha Be Nhon Duc Y Long Thoi Y Can Gio Binh Khanh Y *although full compensation has been made to 312 AHs only, but in actual 318 AHs has been paid (6 Households has not been paid the Support to resettlement and temporary residence, bonuses, relocation and other assistance) 10

14 4.2.2 Physical and Financial Progress of Land Acquisition: As against the acquired land and property acquisition the payment has been made. The payment was made in accordance with priority of construction activities. Acting upon the entire development, District and commune peoples committee is almost in advance stage for Compensation payment with the help of their team members with support of Executing Agency. Land acquisition and its payment have been completed in almost % of acquired land. It is maximum % in Ben Luc District, while minimum 76.53% in Binh Chanh District. In financial term In an average % affected HHs has been paid the compensation. The district wise analysis also indicates that distribution of compensation & assistance has been completed at significant level, such as, in Ben Luc (98.81%) and Bin Chanh District (62.77%), while % in Can Giuoc District and % in Nha Be District as part of financial progress of the RP implementation. The package wise summary details on Land acquisition and compensation payment is delineated, herewith, in Table -8 When contacted the compensation committee of concerned district communicated that the payment of rest of the amount will be paid soon, which are pending due to fund problem and some technical and or dispute issue: Table -8: Physical and Financial Progress of Land Acquisition Physical Progress in the Area of Land Acquisition Sl. No. District / Commune Pkg Area of Affected Land Eligible for Compensation (Ha) 11 Area of Land already compensated (Ha) Achievement % 1 Ben Luc Pkg-A Binh Chanh Pkg A1, A2-1, A2-2 and A Can- Giuoc A1-A Nha- Be A3 A4, J Can Gio J2 & J Total Disbursement and Use of Funds Sl. No. District LAR Budget Requirement (in Billion VND) Fund Disbursed (in Billion VND) Paid (%) Delay in Targets for Fund disbursement (Y/N) Reasons for Delay For relocation of Ben Luc Y 1 utilities 2 Binh Chanh Y Fund problem, dispute

15 and Disbursement based on priority to construction package Disbursement based 3 Can Giuoc Y on progress of construction packages Disbursement based 4 Nha Be Y on progress of construction packages 5 Can Gio N NA Total Note- The updated information on final resettlement budget and payment has been updating from the District every month until final payment is made to Affected Households Handing over Land for civil Works: As mention above on progress of land acquisition, most of the acquired land has been paid and handed over to the investor and contractor; still, there are many pieces of land, which has not been handed over to Contractors for civil works. The delay in handing over of land at strategic locations is subject to various reasons but it is hampering the progress of civil works. The main reasons are complained about the policy of compensation and assistance, result of DMS, and inadequate compensation etc. However, it is believed that most of the obstacles will be cleared by the end of March The table below delineated the details of compensated and handed over land with a purpose to redress the causes of delay in handing over land: Table -9: Handing over Land for civil Works Sl. No District AHs / Land AHs Land Area (Ha) Handed Over AHs Land Area (Ha) % Handed Over AHs Land Area Ben Luc Binh Chanh Can Giuoc Remarks On 16/12/2015 Ben Luc District People's Committee has issued notices and advocacy Vietnam Nguyen Cuong hand over, but now Mr. Cuong has not yet handed in by the Executive. Others 6 AHs are partly paid 220 AHs, recently paid and 12 AHs amount transferred to Bank, not agree to Hand over. Others are unpaid Cong Ty Hai Son received only advance payment of 7.5 Billion VND. Others are unpaid or not received the payment 12

16 4 5 Nha Be Can Gio Total AHs compensation amount is transferred to Bank. Others are either unpaid or not received the payment Some other unpaid AHs also handed over the land for civil work constructions Issues affecting Timely Land Handover: There are various reasons, which are affecting the timely handing over of the land. The main reasons for delay in handing over of the land have been analyzed, here, in the table below: Sl. No. Issues 1 Funding Constraints (Unpaid/ Partly paid) 2 Dispute/Court Case, pending for decision / Unresolved encumbrances 3 Recently Paid the Compensation and on 54 days notice 4 Compensation is transferred through Bank, not agreed Amount Temporary deposited in Treasury Table -10: Issues Affecting Timely Land Handover Ben Luc Binh Chanh Districts Can Giuoc Nha Be Can Gio Total % Grievances (including nonagreement to compensation Disagreed with compensation amount 7 Pending Documentations for inheritance or authority Decision for compensation is not yet issued (The land is not acquired) Total

17 4.2.4 Status of Resettlement Site development and Relocation/Transfer Although, the identified and specified resettlement site is almost ready to move, however, hardly any persons have opted for relocation on Resettlement Site at the time of implementation. At the time of designing stage, a significant number of potential relocating households have registered for shifting to the relocation site for which a specified number of resettlement sites have been being developed by the project. Now, while the specified resettlement sites are almost completed (near 90 %), almost all the relocating family have opted for self-relocation. The status of development of Resettlement Sites and relocation status of affected households are delineated in the Table -11 and Table-12: No Name of Resettlement Site Table -11: Status of Resettlement Site Development Approximate progress of infrastructure development Approximate progress of facility development Kinds Status Kinds Status Remarks An Ha RS (Le Minh Xuan, Binh Chanh, HCMC) Electricity Done Plot in Resettlement site for AHs Water Done Facility: Health Road Done Facility: Education Other Done Facility: Market Enough number of plots as required. Available nearby Available nearby Available nearby 1 AH Mr. Cao Le Minh Hieu received plot in RS. Not yet building house. The rest of AHs received resettlement money. 2 Nhon Duc RS Nhon Duc com., Nha Be dis., HCMC) Electricity Done Plot in Resettlement site for AHs Water Done Facility: Health Road Done Facility: Education Other Done Facility: Market Enough number of plots as required. Available nearby Available nearby Available nearby 1 AH Mr. Doan Xanh received plot in RS. Not yet building house. The rest of AHs received resettlement money. 3 Go Dau RS (Can Gio district, HCMC) Electricity Done Plot in Resettlement site for AHs Water Done Facility: Health Road Done Facility: Education Enough number of plots as required. Available nearby Available nearby The AHs received resettlement plots. Other Done Facility: Market Available nearby 14

18 4 Tan Kim RS (Can Giuoc district, Long An Province) Electricity Done Plot in Resettlement site for AHs Water Done Facility: Health Road Done Facility: Education Other Done Facility: Market Enough number of plots as required. Available nearby Available nearby Available nearby 1 AHs received resettlement plots at Tan Kim Resettlement site and others opted for resettlement money. Sl. No. Location As per RP Fully Affected (HHs) Total Table -12: Status of Relocation/Transfer Of which vulnerable Total affected households need resettlement Fully Affected (HHs) as per updated information Built on Land Eligible for Compensation Of which Vulnerable 3 Total Partially Affected (HHs) Change in Number of HHs with Fully Affected Houses Compared to URP 1 Ben Luc (07) 2 Can Giuoc (17) 3 Binh Chanh (80) 4 Nha Be NA 0 - (23) 5 Can Gio Confirmed Resettlement Preferences for Households with Fully Affected Houses As delineated above, the Resettlement site in different district is in the process of development; however, the opting of rehabilitation at resettlement site by the relocating Family is not encouraging. When approached the 4 districts; i.e., Nha Be and Binh-Chanh, Ben Luc and Can Giuoc, the official said that people are not opting for shifting at resettlement site rather they are opting for self-relocation. The Consultant visited the 4 Resettlement sites of concerned districts, where it was informed that only 3 affected household have get registered for resettlement site, while in district Can Gio, all the affected households received the relocation money. The confirmed preference of the relocating families is as follows: Table 13: Confirmed Resettlement Preferences for Households with Fully Affected Houses. Sl. No Location 1 Ben Luc # Fully Affected (HHs) # Required to Relocate (HHs) # Opting for Replacement Land (HHs) # Opting for Self Relocation (HHs) # Can Rebuild on Remaining Land (HHs) Not known at this juncture 3 E.g. # female-headed with dependents; # poor; # IP/EM, etc. (as relevant) 15

19 2 Can Giuoc 3 Binh Chanh 4 Nha Be 5 Can Gio Not known at this juncture Not known at this juncture Not known at this juncture Not known at this juncture Resettlement Solutions Implemented for Vulnerable Households: Almost all the affected persons, who need relocation, have opted for self-relocation, including vulnerable people. However, at this juncture it is not known what type of self-relocation they are going for: Table 14: Resettlement Solutions Implemented for Vulnerable Households Landless (HHs) Poor (HHs) Female Headed Other [add as needed] (HHs) Rebuilt on remaining land NA NA NA NA Rebuilt on another plot of land already owned Rebuilt (e.g. moved back) out of COI but on public land Rebuilt on other person s land (e.g. relative) Purchased replacement land elsewhere themselves NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA Provided with plot at resettlement site NA NA NA NA Provided with replacement residential plot (non-resettlement site) NA NA NA NA Solution Pending NA NA NA NA Self-Relocation NA Status of Obstructions by Affected Households (HHs) The process of land acquisition is taking place as per priority; however, there are still some hindrances on the actual project site due to obstruction created due to delay and adequacy of compensation payment to the affected households. The contractors have their own issues on land 16

20 acquisition but in majority of cases, the contractors can work on site, however, some obstacles are there, which need to be done on priority. The details of obstacles and its main reasons are delineated in Annexure-1 to Annexure- 3, however, in brief the main reasons for obstacles formed by AHs, are instrumentals to the following, which is reflected in the table below: Table 15: Status of Obstructions by Affected Households (HHs) Sl. No. Pkages Dist Grievance on policy of compensation and assistance Grievance on results of DMS Dispute among AHHs on LURC Other reasons. Total Ben Luc/ Binh Chanh / A1 HCM 2 A2-1 Binh Chanh A2-2 Binh Chanh A3 Binh Chanh A3 Nha Be Total Moreover, to resolve the issues, the consultant, in close association with EPMU are having regular interaction with the local compensation committee on commune and district level for fast resolution of the issues. 4.3 Livelihood Restoration Implementation The Income Restoration Plan is part of the RP, which aims to specify the directions, strategies and objectives set out in the Resettlement Plan the ADB and the Government of Vietnam approved in July/2010 and updated in URP, November 2013 to May 2014 and by several decision. The program budget is located in the counter-part funds for the land acquisition and resettlement and outside the state support policies set forth in Decree No.97/2004/ND-CP; Decree No.69/2009/ND-CP, compensation, assistance and resettlement policies of the provinces and cities. Detailed budget plans for Income Restoration Program are proposed on the basis of the recognition of the status and the need of affected households The No. of Eligible AHs and Budget Estimation of the Income Restoration Program (IRP): The updated number and budgeted provision, approved for Income Restoration and documented in the URP is delineated here: Table -16: The No. of Eligible AHs and Budget Estimation for IRP No. and Budget Estimation Sl. No. District As per RP Updated AHs Budget AHs Budget Remarks 1 Ben Luc 184 3,216,180, ,922,558,000 Decision No. 23/BC- 17

21 2 Can- Giuoc 164 9,249,240, ,975,179,000 3 Binh-Chanh 708 2,909,256, ,998,214,500 4 Nha- Be* 300 4,299,759, ,513,106,400 5 Can Gio 184 2,468,400, ,390,278,000 TTPTQD, Ben Luc, 15 th Jan.2016 Decision No / SLDTBXH, Long An, 3 rd June 2015 Decision No.- /QD- UBND, Binh Chanh, 14 th December 2015 Decision No.542/QD- UBND, Nha Be, 23 rd Sept 2014 Decision No. 0294/QD-UBND, Can Gio, 30 th Dec 2014 Total ,142,835, ,799,335,900 * The budget of Nha Be District need to be updated for 7 More AHs as it has not been added in updated Budget Participation in Livelihood Restoration Activities: The Income Restoration Program Management Units organizing the meeting for information and communications on the Income Restoration Program. Based on the level of support and the criteria for households eligible for the participation in the program organized by VEC, the Income Restoration Program Management Units organizes the communications to eligible AHs to get registered in IRP programme in many ways, such as on telephone, letter and posting at public places for people in the communes. Several public consultation programme has been organized by the Income Restoration Program Management Units at commune level to get registered and to choose an IRP model of their choice as part of IRP assistances. Priority was given to severely affected households and the most vulnerable households, if any to participate in the programme. No separate and segregated consultation was organized for vulnerable population as they are not in significant number and in most of the district no vulnerable people were marked out. Table -17: Program Participation (Cumulative) Location # Eligible APs Cultivation Component Participation in selecting model* for Livelihood Restoration Activities Livestock & Farming component Trade and service promotion component Job Training and Job Placement Handicraft & others AHs not yet decided Ben Luc Tan Buu My Yen Can Giuoc Phuoc Ly Long Thuong Total (#APs) 18

22 Binh Chanh Binh Chanh Tan Quy Tay Hung Long Da Phuoc Nha Be Nhon Duc Long Thoi Can Gio Binh Khanh *Note: Component Models 1 Cultivation Bonsai planting Supporting package for safety vegetable cultivating Flower Growing Mushroom Growing Castles raring Ell raring Ornamental fish raring Fish raring 2 Live Stock Husbandry Frog, catfish raring Shrimp raring Pick raring, Biogas Incense Alumina, glasses production works Carpenter Sewing Service 3 Small scale industry / Trade-service promotion Job Training and Job 4 Placement 5 Handicraft and Others Women hair cut shop Sugar cane drinking mobile shop Multi commodities shop Bread selling mobile shop Industrial electric repair Cold tyre repair shop Lathe Man hair cut shop Spilling Women hair shop Nail technical shop Nail decoration Cooking Motorcycle repair Eel raring technical Driving Hair Cutting Technique Bio-bonsai Technique Status on Registration of Eligible AHs and Payment of IRP Assistance: The process of registration of eligible AHs for participation in IRP programme is in process and all the initiative is taken by the commune and district level committee on IRP. However, the process is little slow in Binh Chanh District. As on date the status on no. of registered and paid AHs are delineated in Annexure-5 and Table -18: Sl. No. Table -18: The number of Eligible AHs Registered and paid under IRP Programme (Up till December 2015) District The number of AHs, Eligible for IRP Programme No of Eligible AHs No of HHs registered 19 No of HHs get paid Remarks/ Reference 1 Ben Luc Number: 1026/ SLDTBXH Long An, 3 rd June, Can- Giuoc Number: 1026/ SLDTBXH

23 3 Binh- Chanh Nha- Be* Can Gio Long An, 3 rd June, List of Registered AHs, under IRP Programme, dated 20 th April Number: / TTr - TCT Binh Chanh, 22 December, Report No. 491/BBT- XDDA, 23 rd December, Attach report no. 0294/ QD- UBND, 30 th December Report no. 127 /BC/-B1, Can Gio, 21 st Sept Total * The remaining 182 eligible AHs have been invited to participate in IRP registration programme by 23 rd December 2015 and given a timeframe of 3o days to turn up in their respective commune Other Remarks on Livelihood Restoration 1. The main problem lying with the Income Restoration Program Management Units is to approach those affected households, who has already left their original place of living and moved out to HCM city or some unidentified location. However, the management unit is trying hard to approach them by contacting the commune leader, village leader, neighbours, and on telephone available with them. 2. The another problem is non-participation of many a eligible AHs in the IRP activities despite several persuasion and communication 3. The IRP activities need more attention by the Income Restoration Program Management Units of Binh Chanh District. 4. An additional efforts are required by the following district Income Restoration Program Management Units to establish a momentum in IRP activities in given situation: District Progress of Implementation Ben Luc Can Giuoc Binh Chanh Nha Be An amount of 846,000,000 VND has been transferred to The Center for Land Fund Development of Ben Luc District on behalf of War Invalid and Social Welfare by State Treasury, Ben- Luc- Long An State Treasury vide transfer order No , dated 30 th December 2015 An amount of 828,000,000 VND has been transferred to The Center for Land Fund Development of Can Giuoc District on behalf of War Invalid and Social Welfare by State Treasury, Can Giuoc- Long An State Treasury vide transfer order No , dated 30 th December APs Has been identified for IRP programme, out of which 438 AHs have got registration in different model component for IRP Programme. We are awaiting a letter from Binh Chanh District regarding payment confirmation 125 out of 307 AHs has got registered under IRP programme, the receipt of 20

24 payment of which has been in the process Can Gio 92 out 119 AHs have got registered under IRP programme, while 72 among 92 have been paid the assistance. The other 27 are yet to be registered Monitoring Schedule for IRP Implementation A monitoring Schedule, attached herewith, as Annexure-4, have a checklist of detailed activities on implementation of IRP plan. Though most of the district Income Restoration Program Management units have not made time schedule of the completion of IRP implementation but in formal discussion they have communicated that by the end of November 2016, they will be able to complete the designed activities on IRP implementation 4.4 Consultation Meeting carried out during Reporting Period From October 2015 December, 2015, EPMU Ben Luc - Long Thanh, the Consultants and Contractors held several rounds of consultations with the local departments from provincial to district, commune and with affected households Table 19: Consultation/ Information Dissemination Meetings Date Venue Participants [disaggregated by gender] 01/10/2015 Office of People's Committee in Long Thuong hamlet. Participants: Representatives from Land Development Center of Can Giuoc District 1. Mr. Tran Van Ngoc Sinh, Position: Director 2. Mr. Ngo Trung Thanh, Position: Officer Representatives from People's Committee of Long Thuong hamlet 1. Mr. Huynh Quoc Thang, Position: Chairman Representatives of Household Ms. Ho Thi Diem Huong, Ms. Huynh Consultation content Land Development Center and People's Committee of Long Thuong hamlet hold this meeting to persuade the households represented by Ms. Ho Thi Thanh Tuyen & Ms. Ho Thi Diem Huong to accept receiving compensation and handing over the land for construction of Ben Luc - Long Thanh expressway Project Conclusion: the District's Committee of People with Decision No. 6713/QD-UBND dated September 04th, 2015, total compensation & support amount 14,105,314,200 Vietnam Meeting Minutes with PMU? yes 21

25 6/10/2015 Can Giuoc District IRP/ Compensation Committee Office Thi Nga (representation: Ms. Ho Thi Thanh Tuyen) The Committee members and Consultants dong is complied with the regulated unit price from the Province's Committee of People. It was confirmed by a decision by Chairman Peoples committee Ref.: 3685/QD-UBND, Can Giuoc, December 03rd, 2015 The progress of Land Acquisition Compensation Payment Progress in IRP activities No minutes was prepared the sharing of Information only The House of Ms. Doan Thi Nhung; Ms. Le Thi Nga and Mr. Le Ngoc Yen, village Long Hung, Long Thuong commune, Can Giuoc district, Handing over of the land are in co-operation used 3 land field pieces with local land codes: 2326, 2337 and 2338, which were not compensated (Accordance to the Site Minute dated 16 September 2015, signed by representatives of: Long Thuong commune CPC, Head of village, Land Fund Development Center, Contractor and family. According to the Land Fund Development Center: The solution of this problem now is in the process and by the End of November 2015 this obstacle will be ready solved. yes 23/ Can Giuoc District IRP/ Compensation The Committee members and The progress of Land Acquisition No minutes was prepared 22

26 Committee Office Consultants Compensation Payment 26/ 10/2015 Site office EMPU The Engineers responsible for Land Acquisition activities ( Mr Hung, Mr Loi, Mr Loc etc,) with Consultant 03/11/2015 Contractor Office of A-3 Contractors PM, the staff working for Land Acquisition and the Consultant Progress in IRP activities The progress review of Land Acquisition Delay in Compensation Payment How to work with the compensation committee and IRP committee at different level to speed up the pending work The obstacles faced by the Contractors Identification of Critical Area for construction point of View Further line of Action to be taken for smooth working of the project the sharing of Information only No formal minutes but important discussion point was noted by the Consultant No formal minutes but important discussion point was noted by the Consultant 4.5 Operation of Grievance Redressal Mechanism (GRM) Most of the complaints of affected households have been settled by the Executing Agency with the help of concerned people s committee of province, district and commune. This proves that the grievance and redress mechanism of provinces is on right track, and the complaints have being solved day after day. However, even after best efforts of the executing agency, there are still few important cases of dispute and grievances, which are being redressed as per priority. Table 20: Summary of Grievance Cases Registered and Redressed Locations # Pending grievance from previous reporting period # of new grievance cases for reporting period cases received # cases resolved Pkg-A Remarks Pkg A Pkg A Pkg A

27 4.5.1 Nature of Grievances and its Redressal Requirement Though the nature of grievances and its redressal requirement are diverse and need corrective action at different levels and by different institutions. Most of the grievances, specified above are concern with the inadequacy of compensation and results of DMS. The summary of the Grievances and its nature are given in the table below: Table 21: Nature of Grievances and its Redressal Requirement Sl. No. Packages Dist 1 A1 Ben Luc/ Binh Chanh /HCM Low rate of Compensation Grievance on results of DMS Dispute among AHHs on LURC Other reasons Total A2-1 Binh Chanh A2-2 Binh Chanh A3 Binh Chanh Nha Be Total Identification of Other Issues: Some critical issues which need immediate redressal are highlighted in the following paragraphs and project management unit with help of District People's compensation Committee is working hard to redress those issues: Ben Luc District: The total number of Affected Households was 319, in which 318 AHs have already received the money and handed over the land to executing agency. The remaining 01 case of Cuong Nguyen was in court due to payment of dong, however, after court decision the compensation has been paid to him but still he is not vacating the land and gone for higher court. On 16/12/2015 Ben Luc District People's Committee has issues a letter to Mr. Cuong to hand over the paid land but Mr. Nguyen Cuong is still failing to handover the land. Currently there are 7 other cases, which have received the land compensation and property on the ground, and handed over the land to the contractors but they have not followed the procedure to receive the inheritance money to support resettlement, relocation bonuses: Sl No. First and Last Name Amount (VND) commune Remarks 1 Nguyễn Văn Hoàng Tân Bửu Supporting resettlement and temporary residence, bonuses 2 Đặng Thị Tám Mỹ Yên Support for poor families 3 Hồ Đắc Duy " Timely relocation Bonus 24

28 4 Trần Tấn Khuya " " 5 Đỗ Hữu Định Lê Trung Hiếu " " 6 Nguyễn Văn Hoàng Tân Bửu Additional land for 220 KV Electric pole clearance 7 Huỳnh Ngọc Ẩn Mỹ Yên Additional land for 220 KV Electric pole clearance Can Giuoc district: On this basis of PPC decision (No / QD-Committee, dated ), approving support land price differences in the bordering area of Ho Chi Minh City), the DPC issues a decision on 09/7/2015 (DPC issued Decision No. 4034) and paid the resettlement and compensation to 20 households / 7.798m2 / 20,770,122,093 VND (in total 23 units). There remain 03 households / 887m2 / has not received compensation contracts (complaints unit that borders) and Hai Son Co. 7.5 billion already advanced but so far no compensation rate, support to withdraw part of the land of Hai Son Co. For the remaining cases, who have not agreed to receive compensation and hand over the land, the DPC will continue to coordinate the district mass organizations, government, mass fronts Long Shanghai advocacy, persuasion; case of households still do not agree, the DPC will report advocates applying PPC performing land acquisition under the provisions of law. Binh Chanh District: Although, 1140 AHs have completed the documentation process for compensation but only 662 have been paid and handed over the land 478 AHs within 1140 eligible have not been paid the compensation and no hand over Rest AHs are not agreed with rate of compensation The District compensation Committee shows inability to pay the compensation due to lack of Fund Transfer. For Compensation Payment they have requested 2 times 1 st on 08 Sept for 100 Billion Dong and again on 24 th September 2015 for Billion Dong (Refer letter No.4960/BBT, Binh Chanh, ngay 24 thang, 9 nam 2015). The Fund has not been transferred as on date. The DCC says that the fund transfer is very urgent to pay the compensation to those AHs, who are on the important locations, creating hindrance to construction work. Minutes of hand over of Land has not been provided to contractors of all the compensated land Nha Be District: 386 AHs + 5 organization out 418 AHs have been paid and land has been handed over to Contractors for construction work 07 Households from Nhon duc commune, who have not vacated the land, are the main problem for contractor to carry out the work on those locations. 25

29 4.6.1 Temporary Impacts during Civil Works A new issues has also been reported at a location (between Km ), where water supply source has been disturbed due to some construction activities in Package-A-3. When approached by our Specialist, the affected person Mr. Doan Van Tu in C Village 3- Da Phuoc commune, Binh Chanh district, Ho Chi Minh City, promised that he has allowed the Contractor to commence the work for service road and after receiving the rest (near 500 mil.vnd) of compensation, he will hand over the rest (near 2000 m2) of compensated land within a week to facilitate the construction work; The two others affected persons have, lodged grievances before compensation committee for additional compensation, as excess land and trees are falling within the corridor. The Compensation committee Binh Chanh District communicated that the documentation for additional compensation for households Thai Van That and Nguyen Van Ke in village 3, Da Phuoc commune, Binh Chanh district, Ho Chi Minh City; is under process and will be ready and submitted to the Binh Chanh district people Committee for approval, which may take at least 2 weeks time and after availability of fund they will be able to pay the compensation. A complaint has been lodged by 5 AHs in Commune/District Compensation Committee that due to use of heavy machine at construction site their house has been damaged and the contractor is using their remaining land for installing the machine for piling works. The District compensation committee is agreed for additional compensation and repair of their houses. 4.7 Monitoring and Internal assessment As discussed above, monitoring of the RP implementation is a critical activity in involuntary resettlement. Monitoring involves periodic checking to ascertain whether activities are carried out according to the RP and in accordance with the existing laws of Govt. of Vietnam, and ADB Guidelines etc. It provides the necessary feedback for project management to keep the programme on schedule. The implementation of the Resettlement Plan has been closely monitored by the Resettlement Specialist and has been maintaining a close interaction with affected people/ communities and the implementing agency for trouble free implementation of the plan. The overall progress of the RP implementation up to December 2015 has been delineated here, as a part of Quarterly Report. 26