Updated Resettlement and Ethnic Minority Development Plan

Transcription

1 Updated Resettlement and Ethnic Minority Development Plan Project Number: May 2018 Viet Nam: Greater Mekong Sub-Region Tourism Infrastructure for Inclusive Growth Project Subproject: Lao Cai Cultural Exchange & Tourist Information Center, and Ta Phin Ban Khoang Access Road Improvements, Lao Cai Province Prepared by the Ministry of Culture, Sports and Tourism, Socialist Republic of Viet Nam, for the Asian Development Bank. i

2 ACRONYMS AND ABBREVIATIONS ADB - Asian Development Bank AH - Affected Household AP - Affected Person CEMA - Committee for Ethnic Minority Affairs CPC - Commune People s Committee DBST - Double Bituminous Surface Treatment DCARB - District Compensation And Resettlement Board DCST - Department Of Culture, Sports And Tourism DMS - Detailed Measurement Survey DOF - Department Of Finance DPC - District Peoples Committee EA - Executing Agency FS - Feasibility Study LFDC - Land Fund Development Centre LURC - Land Use Rights Certificate MCST - Ministry Of Culture, Sports And Tourism MOLISA Ministry Of Labor, Invalids And Social Assistance MONRE - Ministry Of Natural Resources And Environment NTP - Notice To Proceed PCU - Project Coordination Unit PIU - Project Implementation Unit PPC - Provincial Peoples Committee RCS - Replacement Cost Study UREMDP - Updated Resettlement And Ethnic Minority Development Plan SES - Socio-Economic Survey VWU - Viet Nam Women s Union WEIGHT AND MEASUREMENT UNIT M (meter) Base unit of length M2 (square meter) A system of units used to measure areas M3 (Volume) A system of units used to measure the spaces that an object or substance occupies. Kg (kilogram) A decimal unit of weight based on the gram CURRENCY EQUIVALENTS (as of 28 th February 2018) Currency unit Vietnam Dong (VND) and US Dollar ($) $1.00 = VND 22,745 ii

3 GLOSSARY OF TERMS Affected person (AP) Broad Community Support Compensation Cut-off date Detailed measurement survey (DMS) Entitlement Ethnic minority (EM) Income restoration program Inventory of losses Any person, household, firm or private institution who, on account of changes resulting from the project, or any of its phases, will have its (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, salt mining, and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected with or without displacement. In the case of affected household (AH), it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. A collection of expressions by the affected communities, through individuals, and/or their recognized representatives, in support of the project. Payment in cash or in kind to replace losses of land, housing, income, and other assets caused by the project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates plus any transaction costs, such as administrative charges, taxes, registration, and titling costs. This refers to the date of land acquisition announcement made by local authorities. The APs will be informed of the cut-off date for each subproject component, and any people or assets that settle in the subproject area after the cut-off date will not be entitled to compensation and assistance under the subproject. With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of APs earlier done during Resettlement and ethnic minority development plan (REMDP) preparation. The final cost of resettlement can be determined following completion of the DMS. The range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc., which are due the APs, depending on the type and severity of their losses, to restore their economic and social base. People with a group status having a social or cultural identity distinct from that of the dominant or mainstream society with the following characteristics: (i) self-identification as members of distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitat and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant and culture; and (iv) a distinct language, often different from the official language of the country or region. A program designed with various activities that aim to support APs to recover their income/livelihood to pre-project levels. The program is designed to address the specific needs of the APs based on the socioeconomic survey and consultations. Process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with iii

4 Land acquisition Meaningful consultation Rehabilitation Relocation Replacement cost Replacement Cost Study Resettlement ethnic minority development plan (REMDP) Severely affected households Stakeholders Vulnerable groups commercial value; etc.) and sources of income and livelihood inside the subproject right-of-way (subproject area) are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact on the affected assets and the severity of impact on the livelihood and productive capacity of APs will be determined. Process whereby an individual, household, firm, or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues Additional support provided to APs losing productive assets, incomes, employment, or sources of living to supplement payment of compensation for acquired assets in order to achieve, at a minimum, full restoration of living standards and quality of life. Physical relocation of an AP from her/his pre-project place of residence and/or business. Amount needed to replace an affected asset net of transaction costs such as administrative charges, taxes, registration, and titling costs. Process involved in determining replacement costs of affected assets based on empirical data. Includes all measures taken to mitigate adverse impacts of a project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation, as needed. AHs that will (i) lose 10% or more of their total productive land and/or income-generating assets, and (ii) have to relocate. Individuals, groups, or institutions that have an interest or stake in the outcome of a project. The term also applies to those potentially affected by a project. Stakeholders include land users, country, regional and local governments, implementing agencies, project executing agencies, groups contracted to conduct project activities at various stages of the project, and other groups in civil society, which may have an interest in the subproject. Distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include (i) EM female headed households with dependents, (ii) EM disabled household heads, (iii) EM households falling under the generally accepted indicator for poverty, (iv) EM children and the elderly who are landless and with no other means of support; (v) and severely affected ethnic minority groups. iv

5 (i) NOTE In this report, "$" refers to US dollars. unless otherwise stated This updated resettlement and ethnic minority development plan 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. Your attention is directed to the terms of use section of this website. 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. v

6 TABLE OF CONTENTS EXECUTIVE SUMMARY... 8 I. PROJECT DESCRIPTION A. Introduction B. Ta Phin Ban Khoang Access Road Improvements Subproject Description C. Civil Works To Be Undertaken D. Updated Resettlement and Ethnic Minority Development Plan E. Changes made in the UREMDP II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. Measures Taken to Minimize Negative Impacts B. Summary of Impacts III. SOCIO - ECONOMIC INFORMATION AND PROFILE A. Socio-Economic Features of The Subproject B. Subproject Communes of Sa Pa, Ta Phin And Ban Khoang C. Ethnic Minority Peoples D. Socio-Economic Profile of Subproject Affected Households E. Gender issues IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION A. Information disclosure B. Public consultation and participation V. GRIEVANCE REDRESS MECHANISM VI. POLICY AND LEGAL FRAMEWORK A. The ADB Social Safeguards Policy B. Government Laws and Regulations C. Reconciliation of Viet Nam and ADB Policies on Involuntary Resettlement and Ethnic Minorities D. Subproject Principles E. Principles for Valuation Of Land And Non-Land Assets VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Eligibility B. Subproject Entitlements VIII. ETHNIC MINORITY DEVELOPMENT PLAN A. Potential Impacts on Local Ethnic Minority People B. Ethnic Minority Development Measures IX. RELOCATION OF HOUSING AND SETTLEMENT X. INCOME RESTORATION AND REHABILITATION XI. RESETTLEMENT BUDGET AND FINANCING PLAN XII. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION A. National level B. Provincial level C. Sa Pa District People s Committee D. Commune level E. Committee for Ethnic Minority Affairs (CEMA) XIII. IMPLEMENTATION SCHEDULE XIV. MONITORING AND EVALUATION Annexes Annex 1: Due Diligence Report for the Lao Cai Cultural Exchange and Tourist Information Center Annex 2: A Risk Assessment Report on Land Acquisition of The Section K1+200 To K2+350 Under the Construction of Bypass National Road 4D Project Annex 3: Scope of Impacts on Lands by Household Caused by Ta Phin Ban Khoang Access Road Improvements Subproject Annex 4: Minutes Of Public Consultation Meetings Annex 5: Photos Of Public Consultation Meetings Annex 6: Decision By Lao Cai PPC On Approval Of Land Price For Compensation Of Land For The Ta Phin Ban Khoang Subproject Annex 7: Minute Of Meeting On Temporary Acquisition for Disposal Sites Annex 8: Subproject Public Information Booklet (PIB) vi

7 LIST OF TABLES Table 1. Comparison Between 2014 Concept Designs and 2017 Detailed Designed Table 2: Number of Affected Households, Affected Persons and Affected Organizations Table 3: Number of Affected Households and Affected Persons Disaggregated by Type of Impact Table 4: Scope of Permanent Impacts on Land Disaggregated by Component Table 5: Area of Permanently Affected Agricultural Land Table 6: Area of Temporarily Affected Land for Disposal Sites Table 7: Impact on Houses Table 8: Impacts on Structures Table 9: Impacts on Crops and Trees Table 10: Impact on Vulnerable Households Table 11: Types of Business Table 12: Summary on Surveyed Households Table 13: Age of Surveyed Household Members Table 14: Main Occupation of Surveyed Household Heads Table 15: Education Levels of Surveyed Household Members Table 16: Average Monthly Household Income Table 17: Types of House Table 18: Access to Sanitation Table 19: Common Diseases Table 20: Number of Participants at Public Meetings and Consultations Table 21: Summary on Result of Public Consultation During Updating UREMDP Table 22: Gap Analysis between 2013 Land Law and 2009 SPS ADB and Project Policy Table 23: Entitlement Matrix Table 24: Ethnic Minority Development Plan Table 25: Cost Estimate for the EMDP Table 26: Cost Estimate for Income Restoration Program Table 27: Calculated Budget for The Implemenation of Updated Resettlement and Ethnic Minority Development Plan Table 28: Implementation Schedule of The Updated Resettlement Ethnic Minority Development Plan 61 LIST OF FIGURES Figure 1: Location of communes of Sa Pa, Ta Phin and Ban Khoang Figure 2: Location of the Ta Phin Ban Khoang Access Road Improvements Subproject Figure 3: Layout of newly selected location for TIC and 2014 proposed location vii

8 EXECUTIVE SUMMARY 1. Project Description. The expected outcome of the Greater Mekong Sub Region (GMS) Tourism Infrastructure for Inclusive Growth Project (the project) is that increased international tourism receipts will benefit women and men living in targeted segments of the GMS corridors. The project outputs are: (i) improved last-mile tourism access infrastructure; (ii) improved environmental services in cross-border tourism centres; (iii) strengthened institutional capacity to promote and manage inclusive tourism growth; and (iv) effective project implementation and knowledge management. The project will improve tourism sites in Lao Cai, Dien Bien, Ha Tinh, Tay Ninh and Kien Giang provinces in Vietnam. 2. Subproject Description. In Lao Cai province, there are two subprojects consisting of (i) the Ta Phin Ban Khoang access road improvements subproject which improves 14.5 km road connecting the three communes of Sa Pa, Ta Phin and Ban Khoang and (ii) Lao Cai Cultural Exchange and Tourist Information Center subproject which include space for tour and tourism transport operators, exhibition and cultural performance areas, parking areas, and well-lit, public open spaces with vendor kiosks offering food and beverages, ethnic handicrafts and souvenirs in Cam Duong district. 3. This updated resettlement and ethnic minority development plan (UREMDP) covers resettlement impacts and potential impacts on local ethnic minority (EM) groups as well as the measures to mitigate of resettlement impacts and other adverse impacts on local EM groups and to promote of potential positive impacts of the Ta Phin Ban Khoang access road improvements subproject on the local communities. Since the construction of the Lao Cai Cultural Exchange and Tourist Information Center subproject requires no land acquisition of private land of individuals or households in the local as well as crops, trees, houses, other structures and public assets, a resettlement due diligence was conducted in February Annex 1 of this report presents findings of the due diligence activities for the subproject. 4. This UREMDP has been prepared based on (i) the RP for the subproject that was approved in January 2014 by ADB and the Ministry of Culture, Sports and Tourism (MCST); (ii) the results of Detailed Measurement Survey (DMS) for the affected land and assets upon land which was conducted from December 2017 to April 2018; (iii) the Replacement Cost Study (RCS) results for the affected land and assets upon land; and (iv) additional consultation with local authorities and affected households (AHs) in the affected area. 5. Scope of Land Acquisition and Resettlement. Construction of the Ta Phin Ban Khoang Access Road Improvements subproject in Sa Pa district will require land acquisition of 396 households (2,089 persons), and four organizations (Agricultural Seeds Company and Ta Phin, Sa Pa and Ban Khoang Commune People s Committees). Of 396 households, 349 AHs with 1,837 persons will have land permanently aquired only, three (03) AHs with 16 persons will have land temporarily affected only and 44 AHs (236 persons) will have land both permanently and temporarily affected by the subproject construction. There are 16 households (95 persons) who will lose more than 10% of their total production land holding and 19 households with 98 persons will have to move back their houses to their remaining land due to the land acquisition of the subproject. These households are categorized as severely affected households (SAHs). Among the total AHs, 319 households (1,758 persons) belong to vulnerable groups, of which 316 AHs belong to EM groups (H mong, Red Dao and Tay), nine (09) AHs are headed by female, 42 AHs are poor households and two (02) AHs are headed by the elderly. 51 households fall into more than one vulnerability category. 6. Total land area to be permanently acquired for the subproject construction is 310,558.9 m 2, including 5,305.9 m 2 of residential land owned by 83 AHs (404 persons), 249,957.1 m 2 of agricultural land owned by 355 AHs (1,901 persons), m 2 of agricultural land managed by Agricultural Seeds Company and Sa Pa CPC, 4,781.2 m 2 of public unused land and 49,983.9 m 2 of public land used for public purposes such as land for transportation, land for public facilities, land for education, etc. It is noted that 45 AHs (232 persons) have both residential land and agricultural land permanently acquired. In addition, a total land area of 173,830.5 m 2 will be temporarily affected during the constrution phase of the subproject for disposal sites, labour-camping, car and truck parking and material storage. The land area 8

9 belongs to 47 households (252 persons) and three CPCs. 7. The subproject construction will affect 9,221 timber trees, fruit trees and bamboo as well as 21,265 unit of vegetables, other crops, flowers and medicinal herbs. These crops and trees belong to 212 AHs (1,134 persons) and Agricultural Seeds Company. Addtionally, 167 AHs (852 persons) will have house and structures affected due to the subproject land acquisition. The DMS result reveals that 1,961.8 m 2 of various kinds of houses and 4,244.6 unit of other structures will be affected by the subproject. 13 graves have to be relocated from the affected area, of which one grave is owned by one (01) H mong EM household in Ban Khoang commune while owners of the other 12 graves have not been identified. 8. Information Disclosure, Consultation and Participation. Two rounds of public consultation meetings were held during the preparation of the UREMDP with the Lao Cai Department of Culture, Sports and Tourism (Lao Cai DSCT), representatives of CPCs, chairman, representatives from communal Women s Union, village leaders, and representatives of EM AHs. There are 204 participants, of which 48 participants are female. The AHs were consulted on the scope of land acquisition and resettlement impacts, eligibility and the entitlements for affected land and assets, potential positive impacts and negative impacts on the EM groups, income restoration program, the implementation schedule for land acquisition and resettlement, and the grievance redress mechanism. Concerns and suggestions raised by the affected people (AP) were elicited and incorporated into the UREMDP, including the need to ensure that tourism development is socially and economically beneficial for local stakeholders, and the potential negative impacts of tourism growth are avoided and mitigated. As soon as this UREMDP is approved, it will be disclosed to the AHs and local authorities and posted in the easy accessible places and uploaded to ADB's website. 9. Policy and Legal Framework for compensation, resettlement and rehabilitation under the subproject is defined by the relevant laws and regulations of Viet Nam, Lao Cai province and the ADB Safeguard Policy Statement (SPS 2009). A number of differences remain between Viet Nam and ADB SPS and measures to address gaps will be adopted. In case of discrepancies between the Government s laws, regulations, and procedures and ADB's policies and requirements, the policies and requirements of the latter will prevail, consistent with the provisions of the Decree No. 16/2016/ND-CP, dated 16th March, 2016 on Official Development Assistance (ODA) Management and Use. 10. Subproject entitlements. The cut-off date for eligibility to compensation and assistance is December 28, 2017 when the notice on land acquisition for the subproject issued by the Sa Pa District People s Committee (DPC) was disclosed publicly to local communities and AHs. Compensation for affected lands and structures will follow the principle of replacement cost. The compensation for affected trees will be by replacement cost cost. An income restoration program will be provided by the subproject for the SAHs and the vulnerable AHs. An Entitlement Matrix and its applications are provided in this UREMDP. It covers the compensation and types of assistance to be provided APs who will be affected by acquisition of their residential land and agricultural land, special assistances for the SAHs, AHs who have to move back their houses to their remaining land and vulnerable households. The Entitlement Matrix has been developed in consultation with the APs and local authorities during the UREMDP preparation. 11. Grievance redress mechanism has been designed to ensure that APs concerns and grievances are addressed and resolved in a timely and satisfactory manner. Commune People s Committees (CPCs) of Sa Pa, Ta Phin and Ban Khoang are primarily responsible for resolving any grievances received from the APs. The GRM has been discussed with the AHs and the communities and documented in the delivered Project Information Booklet to the AHs. Aggrieved APs or AHs will be free of charge in connection with the lodging and resolution of complaints, as these will be borne by the Lao Cai PIU. 12. Budget. Total estimated cost for the implementation of this UREMDP is VND 63,741,482,887 or US$ 2,802,439. The cost for compensation, assistance and resettlement and IRP implementation will be financed by Lao Cai PPC and the cost for the EMDP implementation will be included in Component 4 and funded by the ADB source. 13. Implementation arrangements. The Ministry of Culture, Sports and Tourism (MCST) 9

10 is the project s executing agency. The Project Coordination Unit (PCU) and Lao Cai Project Implementation Unit (PIU) embedded in the provincial DCST will supervise implementation of this UREMDP. The PCU will coordinate with Lao Cai Provincial People s Committee (Lao Cai PPC) and the Lao Cai PIU to ensure timely submission of the UREMDP and that the compensation and assistances are administered according to the provisions set forth herein. Lao Cai PPC authorizes Sa Pa DPC to establish a District Compensation and Resettlement Board (DCARB) that will ensure resettlement activities are administered according to the provisions of this plan. 14. Monitoring. The PCU, with support from the project implementation consultant and PIU safeguards officers, will carry out internal monitoring of the UREMDP implementation. The scope of internal monitoring will cover an assessment of: (i) compliance with the agreed resettlement policies and procedures; (ii) timely availability and efficient use of personnel, material and financial resources; and (iii) identification of the need for remedial actions to correct any problems that arise. No external resettlement monitoring is required. 15. Implementation schedule. The preparation of this UREMDP was from May 2017 until May And the implementation of the UREMDP is May 2018 to May ADB shall not accept any award of civil works contract for any component to be financed from the loan proceeds unless (i) this UREMDP based on DMS, RCS and additional consultations has been submitted to and approved by ADB; (ii) compensation and allowances have been provided in full to AHs; (iii) relocation households have relocated completely; and (iv) the income restoration program is in place. 10

11 I. PROJECT DESCRIPTION A. Introduction 1. Greater Mekong Sub Region (GMS) Tourism Infrastructure for Inclusive Growth Project (the project) is a multi-sector, multi-country investment project financed by separate sovereign loans to Cambodia, the Lao Peoples Democratic Republic, and Viet Nam. The project will invest in transport and environmental infrastructure and capacity building in 12 provinces across the three participating countries. The project in Viet Nam includes the provinces of Dien Bien, Ha Tinh, Kien Giang, Lao Cai and Tay Ninh and aims to increase international tourism of the GMS corridors. The project outputs include: (i) improved last-mile tourism access infrastructure; (ii) improved environmental services in cross-border tourism centers; (iii) strengthened institutional capacity to promote inclusive tourism growth; and (iv) effective project implementation and knowledge management. Initially planned, the project would be implemented from The MCST will be the executing agency and in each participating province, the DCST will be the implementing agency. The project cost is US$ million. 2. Output 1. Last mile tourism access infrastructure improved. This will include the upgrading of transport infrastructure and public amenities to improve access to tourist destinations and attractions in underdeveloped segments of the GMS corridors with good tourism prospects. It includes the subprojects of (i) Da Dung cave access improvement at My Duc commune, Kien Giang province; (ii) Lao Cai cultural exchange and tourist information center and (iii) Ta Phin - Ban Khoang access road improvements in Sa Pa district, Lao Cai province; (iv) Muong Phang access road improvement; and (v) Dien Bien Phu cultural exchange and tourist information center in Dien Bien Phu province. 3. Output 2. Environmental services in cross border tourism centers improved. This output will improve environmental services in cross-border tourism centers to improve sanitary conditions for the local population and tourists, and help to catalyze additional private investment in accommodations and other tourism-related enterprises. It includes the subprojects of: (i) Phu Tu environmental improvement; (ii) Ba Den mountain environmental improvement; (iii) Huong Tich environmental improvement; and (iv) Nguyen Du tourism zone environmental improvements. 4. Output 3. Institutional capacity to promote inclusive tourism growth strengthened. This output will promote cooperation among public and private stakeholders in the tourism sector to sustainably develop, manage, and market tourist sites and destinations. It will complement outputs 1 and 2 infrastructure subprojects, and other ADB assistance in Viet Nam. It will further promote tourism-related micro-small and medium-sized enterprise development and includes activities to prevent the potential negative social impacts of tourism of: (i) institutional strengthening of destination management organizations; (ii) preparation of destination management plans; (iii) heritage protection, management and interpretation program; (iv) public-private partnership (PPP) facilitation; (v) development of tourism-related micro-and small enterprises; (vi) destination marketing and promotion program; (vii) public health and safety promotion program; (viii) tourism awareness programs; (ix) program to combat child exploitation and human trafficking. 5. Output 4: Effective project implementation and management. This will improve the project implementation and management of project relevant agencies through: (i) project supervision and management structure established; (ii) mobilize consultants and procure equipment; (ii) financial management and procurement training; (iii) finalize monitoring arrangements, (iv) grievance redress mechanisms, and establish the project website; (v) conduct resettlement, indigenous peoples, and environment safeguards monitoring; (vi) develop sustainable finance mechanisms and implement training for O&M of project facilities. (vii) update baseline information and prepare an end of project impact evaluation; (viii) GMS tourism statistics harmonization; GMS marketing and promotion program; ASEAN tourism standards implementation; gender equality and ethnic participation program 6. The implementation of outputs 1 and 2 will lead to involuntary resettlement impacts to local residents and utilities. Resettlement plans (RP); ethnic minority development plans 11

12 (EMDP) and gender action plans (GAPs) for the above said subprojects were prepared during the preparation phase in In Lao Cai province, two subprojects of (i) Lao Cai cultural exchange and tourist information center (Lao Cai TIC); and (ii) Ta Phin Ban Khoang access road improvements were selected for investment. 7. The Lao Cai TIC will be developed on the empty public land of 6,500 m 2 at new Cam Duong urban area, Lao Cai city, Lao Cai province. No land acquisition is necessary. No negative social impacts to local residents and any third parties and thus the Due Diligence Report (DDR) on the proposed land plot shall be required. 8. The ADB funded Ta Phin Ban Khoang access road improvements subproject causes impacts which are mainly related to physical displacement and there are no other major impacts resulting from the project activities other than involuntary land acquisition; in other words, the subproject does not cause significant impacts on EM in terms of disruption the traditional livelihood system, cultural and community intergrity. Therefore, the EMDP and the RP prepared for the project have been combined into a single updated resettlement and ethnic minority development plan (UREMDP). 9. One section with total length of 1.15 km from Km1+200 Km2+350, located at the connection between the above said two sections, is funded by the Lao Cai PPC s budget and it is considered the linked project. Payment of compensation, assistance and resettlement for households affected by the linked project was made by end of 2017 and thus a risk assessment of the implementation of resettlement activities for this section is required per ADB s requirement on linkage between ADB and Government Projects. 10. This report shall include: (i) Due Diligence Report for the Lao Cai TIC subproject which is given in Annex 1; (ii) Risk Assessment of the implementation of resettlement activities for the linked project, namely Construction of Sa Pa bypass road Project funded by the Lao Cai PPC which is given in Annex 2; and (iii) UREMDP for the Ta Phin Ban Khoang Access Road Improvements subproject. The UREMDP is presented in the following sections. B. Ta Phin Ban Khoang Access Road Improvements Subproject Description 11. The Ta Phin Ban Khoang access road improvements subproject is located in three communes of Sa Pa, Ta Phin and Ban Khoang, Sa Pa district, Lao Cai province. Total population (2014) of these three communes is 10,812 persons. Ta Phin commune is about 12 km far from the Sa Pa town where two (02) ethnic minority groups of Red Dao and H mong reside. Ban Khoang commune is bordered with Ta Phin commune to the east, with Sa Pa town to the south, with Giang Ta Phin commune to the west and with Bat Xat district to the north. Locations of these two subprojects are at the same place given in the 2014 RP. Location of these three communes is in figures below. 12

13 Figure 1: Location of communes of Sa Pa, Ta Phin and Ban Khoang 12. The Ta Phin-Ban Khoang access road improvements subproject will include the improvements of two road sections with total length of 14.5 km. These sections will connect three communes of Sa Pa, Ta Phin and Ban Khoang. Total subproject impact area is approximately km 2 covering the living areas of ethnic groups of H mong, Red Dao, Kinh, and Hoa. Economic activities of the local residents include farming of rice, corn, tourist, small business, trading, etc. The development of the subproject will help to improve living condition of the residents through better transportation, time saving for traveling from the communes to the town centre, cheaper cost for transportation of agricultural products and agricultural inputs (pesticide, seed, fertilizer, and equipment, etc.,). Especially the subproject will help improving landscape of the region thus attracting more tourists to the area. Figure 2: Location of the Ta Phin Ban Khoang Access Road Improvements Subproject 13

14 C. Civil Works To Be Undertaken 13. The Ta Phin Ban Khoang access road improvements subproject includes components as described below. (i) Upgrading access road to Ta Phin: The first segment includes 6.07 km (Km0+00 to Km 7+890) 1 has base ranging from 6-8m width. Of which, the section that pass the crowded tourist area is rather wide (approximately 7-8m), land acquisition is minor for this section. The existing segment (approximately 500 m) was asphalted, 2 km was concreted or graveled and the rest is soil road that has a few steep slopes and unsuitable curves. The quality has been degrading given the road surface is broken, cracked at the asphalted, concreted sections and there are a lot of potholes for the entire segment. 02 residential areas located along the road at Km0+300 to Km1+200, public entities including Sa Pa CPC, Sa Pa secondary school, health station are at Km5+500 to Km6+230, the crowdedly tourist area called the center of Ta Phin commune on which many guesthouses, restaurants, shops are located. (ii) Upgrading track from Ta Phin to Ban Khoang Village: The 8.5 km second segment from Km7+890 to Ban Khoang village, Ban Khoang commune has mostly four to five meter of road base, only about 1 km at the end of the segment has 7m width of road base. Thus, the component needs to expand to positive talus of some locations to obtain the 5m of road base as designed. The existing segment is mainly soil road (except for 1 km of asphalted road from Km to Km16+250) that has a lot of steep slopes and unsuitable curves. Only three hamlets (Phin Ho, Sa Xeng and Ban Khoang) located along the road. This segment differs from first segment as many locations with high slope (>13%). (iii) Construction of two rest areas (km and km ) including kioks, parking area, public toilet blocks and stone yards in Ta Phin and Ban Khoang communes. (iv) Installation of directional signage and information boards. 14. The table below reproduces the subproject activities from the 2014 RP and changes made from the 2017 detailed design. Table 1. Comparison Between 2014 Concept Designs and 2017 Detailed Designed Components 2014 concept design 2017 detailed design Upgrade access road to Ta Phin from intersection with highway 4D DBST standard 6 km x 5-6 m carriageway roadside drainage & culverts strategically placed passing bays Rehabilitate two bridges; 5m x 10m Upgrade track from Ta Phin 8.7 km X 3.5 m to Ban Khoang village DBST Parking area in Ta Phin 2,000 m 2 1,173 m 2 New public toilets blocks with ABR septic systems No change Install directional signage No change and information boards Minor change in width of road. It is expanded from 5-6 m to 6.5m A section 1.15 km (Km1+200 to Km2+350) will be excluded from the subproject given this section is under construction of the project construction of Sa Pa bypass road funded by local budget. Instead of intersecting with highway 4D, the component will connect to a new construction at exit road of Ha Noi Lao Cai expressway Change in the width of road. It is widen from 3.5m to 5m Source: Comparison between 2014 concept design and 2017 detailed design 15. Typical designs of the subproject civil works are presented in figures in the next page: 1 Excluded section from Km1+200 to Km

15 D. Updated Resettlement and Ethnic Minority Development Plan 16. The subproject will negatively and positively affect local people, including the EM groups of Red Dao, H mong and some Kinh households. It is realized that all negative impacts caused by the subproject are mainly related to physical displacement and the subproject does not cause significant impacts on EM in terms of disruption the traditional livelihood system, cultural and community intergrity. Therefore, the RP and EMDP have been combined into this UREMDP. 16 AHs will lose more than 10% of their total production land holding. This UREMDP aims to ensures that the subproject will (i) avoid involuntary resettlement wherever possible; (ii) minimize involuntary resettlement by exploring subproject and design alternatives; (iii) enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) improve standards of living of displaced poor and vulnerable groups. 17. This UREMDP identifies key issues for being addressed in reconciling requirements of ADB s SPS (2009) on involuntary resettlement and indigenous peoples (ethnic minorities) with national and provincial government policies. Concerns on involuntary resettlement have been integrated in this document and will govern subproject implementation, and monitoring. It covers subproject activities that trigger involuntary physical and economic displacement arising from land acquisition and restrictions on land use. It also ensures that the subproject is implemented in a way that fosters full respect for ethnic minority identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the ethnic minorities themselves to enable them to: (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts due to the subproject, and (iii) can participate actively in the subproject. This UREMDP includes the following key sections: (i) (ii) (iii) (iv) (v) (vi) Policy and procedure for asset acquisition, compensation, resettlement, and strategies that will help ensure full restoration of the AHs livelihood and standard of living; Identification of households and communities to be adversely affected by the subproject, entitlements on compensation and assistance, and measures to mitigate adverse impacts as well as for restoration of incomes; A plan on how the AHs will be involved in the various stages of the subproject, including resolution of grievances; Assessment of potential impacts, including positive and negative impacts on local EM groups; Action plans for EM development; and Budget for resettlement implementation and action plans for EM developement. 15

16 E. Changes made in the UREMDP 18. This UREMDP is prepared to (i) summarize actual impacts of the subproject items based on detailed technical design of the subproject and results of DMS conducted by the Sa Pa LFDC, (ii) give mitigation measures and policies on compensation, assistance and resettlement, actual resettlement cost based on applicable policies. The UREMDP has been made some changes compared to the RP 2014 as follows: - Scope of subproject impacts based on results of DMS conducted by the Sa Pa LFDC from December 2017 to February 2018 for Ta Phin and Sa Pa commune and DMS conducted for Ban Khoang commune from January to April 2018; - Procedures and results of public consultations with affected people during the preparation of the UREMDP; - Entitlements on compensation and in accordance with the result of DMS and applicable regulations (Land Law 2013, decrees and ADB SPS 2009), but no downgrading of APs entitlements were made in this UREMDP; - Entitlements and action plan for the EMs; and - Budget of compensation for all categories of impacts and relevant allowances according to the RCS result and EMDP implementation. II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT A. Measures Taken to Minimize Negative Impacts 19. Efforts to minimize the subproject adverse social impacts includes the consideration of all alternate design options and shifting of the proposed civil works and road alignment at various points to avoid human settlements and public facilities. The upgrading of existing road was selected which help to significantly minimize involuntary resettlement impact to local residents and public utilities. 20. Detailed design of the subproject was completed in June 2017, nearly four years after the approval of the RP2014. The RP2014 has been updated incorporating results of DMS carried out from December 2017 to February 2018 for Ta Phin and Sa Pa Communes and from January to April 2018 for Ban Khoang commune. The DMS was conducted with participation of all AHs, the DMS results were informed to all AHs. Public consultation and socio-economic survey (SES) with the AHs was undertaken from during May 2017 and February The UREMDP for this subproject includes entitlement matrix, income restoration rehabilitation, grievances redress mechanism (GRM) and institutional organization which help to ensure that APs will be fully received compensation and assistance and they can restore their livelihood. 21. Those affected by the subproject will receive compensation and assistance which is necessary and sufficient for income restoration as well as to ensure that their livelihood is at least equal to or better than that before the subproject. Requirements on social, environmental safeguard will be included in bidding documents and civil work contracts. Lao Cai PPC will ensure that land acquisition, payment of compensation, assistance and rehabilitation will be completed prior to the issuance of notice to proceed (NTP) to start construction works. B. Summary of Impacts 22. This UREMDP incorporated information and data from review of data given in the RP2014, 2017 detailed designs, commune residential logbooks, DMS results and public consultation with both affected and non-affected persons within the subproject areas. 23. As per the detailed design, subproject scope of works has been revised; therefore, scope of resettlement impacts has been updated accordingly. Resettlement impacts are likely to be relatively insignificant as civil works include the upgrading of the existing road and there will be temporary disruption during construction. 24. Impact on Households. According to the DMS results, construction of Ta Phin Ban 16

17 Khoang access road improvements subproject will affect 396 households (2089 persons) living in three communes of Sa Pa, Ta Phin and Ban Khoang. Out of the 396 AHs, 355 households (1,901 persons) will have agricultural land permanently affected and 83 households (404 persons) will have residential land permanently acquired. According to the DMS result, 16 AHs (95 persons) will lose 10% or more than 10% of total production land holding and 19 AHs with 98 APs whose houses will be fully affected and have to rebuild their houses on their remaining land. Amongst the AHs, 319 AHs (1,758 APs) are categorized as vulnerable AHs including 316 EM households with 1,750 persons (H mong, Red Dao and Tay), 42 poor households (215 persons), nine (09) female headed households with 36 persons, and two (02) households (06 persons) headed by the elderly. Details on impacts on households are shown in Table 2 and Table 3. Table 2: Number of Affected Households, Affected Persons and Affected Organizations Of which Communes No. of AHs No. of APs No. of affected organizations Households losing 10% or more of their productive land Households who have to move back their houses to their remaining land No. of AHs No. of APs No. of AHs No. of APs Ban Khoang Ban Khoang CPC Sa Pa company and Sa Pa CPC Ta Phin Ta Phin CPC Total Commune s Source: Lao Cai PIU, DMS results, Table 3: Number of Affected Households and Affected Persons Disaggregated by Type of Impact Both permanent Only permanent Only temporary impacts and Total impacts impacts temporary impacts Ban Khoang No. of AHs (household) No. of APs (person) No. of AHs (household) No. of APs (person) No. of AHs (household) No. of APs (person) No. of AHs (household) No. of APs (person) Sa Pa Ta Phin ,001 Total , ,089 Source: Lao Cai PIU, DMS results, Permanent Impact on Lands. Total area of land to be permanently acquired for the Ta Phin Ban Khoang access road improvements subproject is 310,558.9 m 2, consisting of 249,957.1 m 2 of agricultural land of 355 AHs (1,901 persons), 5,305.9 m 2 of residential land of 83 AHs (404 persons), and 55,295.9 m 2 of public land currently managed by the Ban Khoang, Sa Pa and Ta Phin CPCs and Agricultural Seeds Company. 45 households will have both agricultural land and residential land acquired for the subproject construction. All AHs have land use right certificates (LURCs) or are eligible for obtaining LURCs, therefore, all AHs are legal land users. Table 4 presents scope of permanent impacts on land disaggregated by commune and by component. 26. The total area of agricultural land to be permanently acquired for the subproject is 250,487.9 m 2 including 9,731.9 m 2 of paddy land, 193,161.4 m 2 of land for other annual crops, 35,729.5 m 2 of land for perennial trees, m 2 of aquaculture land and 11,590.7 m 2 of forest land (Details as presented in Table 5). The total area of affected agricultural land is composed of 249,957.1 m 2 of land of 355 households and m 2 of land managed by Sa Pa CPC and Agricultural Seeds Company. It is noted that the impacts on the Agricultural Seeds Company is insignificant and there is no impact or disruption of employment to the company employees. 27. In terms of severity of impacts on land, among the 355 households (1,901 persons) with agricultural land permanently affected, there are 16 households (95 persons) losing from 10% to less than 30% of their total production land holding while the other 339 households (1,806 persons) will lose less than 10% their total production land holding. Of these 16 17

18 households, nine (09) AHs belong to Red Dao EM group, six (06) AHs are H mong EM people and one (01) AH belong to Kinh group. 18

19 Table 4: Scope of Permanent Impacts on Land Disaggregated by Component Notes: (i) 45 households (232 persons) will have both residential land and agricultural land acquired by the subproject; and (ii) five (05) households with 26 persons will have land affected by both the construction of rest areas and the upgrading of Ta Phin Ban Khoang Road. Source: Lao Cai PIU, DMS results,

20 Components Upgrading Ta Phin - Ban Khoang Road Construction of rest areas Total Table 5: Area of Permanently Affected Agricultural Land Permanently affected agricultural land (m 2 ) Land for Land for Paddy other Forest perennial land annual land trees crops Communes Aquacultur e land Total Ban Khoang 5, , , , ,785.5 Sa Pa 2, , , ,740.7 Ta Phin 1, , , , ,628.5 Sub-Total 1 - Ban Khoang 10, ,008.3 Sa Pa - Ta Phin 2, ,324.9 Sub-Total 2 - Ban Khoang 5, , , , ,793.8 Sa Pa 2, , , ,740.7 Ta Phin 1, , , , ,953.4 Grand Total 9, , , , ,487.9 Source: Lao Cai PIU, DMS results, Temporary Impact on Lands. A total land area of 173,830.5 m 2 will be temporarily affected during the construction phase of the subproject for disposal sites, labour camping, car and truck parking and material storage. 29. Disposal Sites (DS). Six DSs (including two DSs in Ta Phin commune and four DSs in Ban Khoang commune) with a total land area of 46,830.5 m 2 were selected for the subproject. All these sites are located along the subproject road, far away from residential areas and waterways bodies. Topography of these sites are mainly sloping, and idle with some areas having corn planted by EM AHs. This land belongs to 47 AHs with 252 persons (25 in Ta Phin and 22 in Ban Khoang) and Ban Khoang and Ta Phin CPCs. It is noted that 44 out of the 47 AHs also have land permanently acquired for upgrading Ta Phin Ban Khoang road and construction of the rest areas. The table below presents the area of affected land by the DSs by type of land. Table 6: Area of Temporarily Affected Land for Disposal Sites Land owned by households Land managed by CPCs Land used Total Agricultural land Unused land for public Communes purposes Affected area (m 2 ) No. of AHs (household) No. of APs (person) Affected area (m 2 ) Affected area (m 2 ) Affected area (m 2 ) Ban Khoang 30, ,763.3 Ta Phin 15, ,067.2 Total 46, ,830.5 Source: Lao Cai PIU, DMS results, Additionally, nearly 127,000 m 2 of public land, currently managed by the CPCs of Sa Pa, Ta Phin and Ban Khoang, along the upgrading road will be temporarily affected during the construction phase for labour camping, car and truck parking, material storage, borrow pits. These land is idle land. No structure or plants will be affected. Most of soil generated from construction of road will be reused by local farmers for raising level of their residential land or for farming. 31. Besides, contractors will, in consultation or negotiation with land owners, pay for temporary use of land, if required any harm to soil and crop; and compensate for any impact caused during construction. Contractors are also required to restore land to pre-subproject conditions before returning to AHs. These requirements will be stipulated in the bidding document and civil work contracts. 32. Impact on Houses and Structures. There are 167 households (852 persons) whose houses and structures including breeding facilities, toilets, fences, walls, tanks and wells will be affected by the subproject. Out of these 167 AHs, 19 AHs (98 persons) have their main houses fully affected and they will have to rebuild their houses on their remaining land while 148 AHs (754 persons) have houses and structures partially affected. 17 out of these 19 AHs 20

21 are EM households. No households have to relocate their houses to new places due to the land acquisition of the subproject. In addition to the impacts on houses, the subproject construction activities will also affect 32.8 m 2 of toilets, m 2 of breeding facilties covered with bamboo, m 2 of bricked breeding facilties, 3,765.1 m 2 of various kinds of fences, and 47.1 m of wells. 33. The DMS result shows that 13 graves will be affected, of which four (04) graves in Ta Phin commune, one (01) grave in Ban Khoang commune and eight (08) graves in Sa Pa commune. The grave in Ban Khoang commune is owned by one H mong EM household (06 persons) while the other 12 graves belong to about 12 unknown owners. For the graves not identified the owners, the notice of grave owner identification will be posted in the headquarters of CPCs and village cultural houses and through other mass media channels by the Sa Pa LFDC. The affected graves will be displaced to the communal cemeteries which are 2-3 kilometres far from the affected areas. According to the interview result with the AH and Sa Pa LFDC, schedule for moving the affected graves should be informed to the local communities and AHs as soon as possible so they can choose the suitable day to remove the graves. In addition to the compensation for grave displacement, the cost associated to the rituals of the ethnic minorities to remove the affected graves shall be borne by the project. 34. Details impacts on houses and structures are presented in Table 7 and Table 8 below: Table 7: Impact on Houses Communes One-storey house Wooden house (m 2 ) (m 2 Storehouse (m ) Temporary house ) (m 2 ) Ban Khoang Sa Pa Ta Phin Total Source: Lao Cai PIU, DMS results,

22 Communes Toilet (m 2 ) Bricked walls (m 3 ) Breeding facilities covered with bamboo (m 2 ) Table 8: Impacts on Structures Bricked breeding facilities (m 2 ) Bamboo fences (m) Barbed wire fences (m 2 ) Iron grid fences (m) Iron fence (m 2 ) Tank (m 3 ) Ban Khoang Sa Pa Ta Phin , Total , Well (m) Source: Lao Cai PIU, DMS results, Table 9: Impacts on Crops and Trees Communes No. of AHs No. of APs Fruit trees Timber trees Medicinal Other Crops Vegetables Bamboo (tree) (household) (person) (tree) (tree) herbs (unit) (m 2 ) (m 2 ) Flower (m 2 ) Ban Khoang ,386 1,249 2,687 3, ,652.0 Sa Pa , Ta Phin , , ,328 4,108.8 Total 212 1,134 1,290 3,205 4,726 2,704 6, ,040 5,772.4 Source: Lao Cai PIU, DMS results,

23 35. Impact on Trees and Crops. DMS results showed that the subproject construction activities will affect crops and trees of 212 households (1,134 persons) and Agricultural Seeds Company. The affected crops and trees include 1,290 fruit trees (peaches, plum trees, banana trees), 3,205 timber trees, 4,736 bamboo trees, 2,704 unit of medicinal herbs, 5,040 m 2 of vegetables (cabbage, carrot), 5,772.4 m 2 of flower, 6,005.3 m 2 of other crops. Quantity of affected crops and trees disaggregated by commune is presented in Table Impact on Public Assets. About 39m of fences belong to Phin Ho village cultural house in Ban Khoang will be affected. 49 electric poles and 200 m length of tertiary irrigation canal in Ta Phin commune will also be affected due to the subproject. 37. Impact on Vulnerable Households. Among 396 AHs, 319 households (1,758 persons) are categorized as vulnerable AHs including 42 poor households, 316 EM households, 09 female headed households and 02 households headed by the elderly. The table below presents the number of vulnerable AHs disaggregated by commune and by vulnerability category. Comm unes Ban Khoan g Poor households No. of AHs No. of APs Table 10: Impact on Vulnerable Households Vulnerability Category EM households No. of AHs No. of APs Female headed households No. of AHs No. of APs Households headed by the elderly No. of AHs No. of APs Households headed by the disabled person No. of AHs No. of APs Total No. of Vulnerable households No. of AHs No. of APs Sa Pa Ta Phin Total , ,758 Source: Lao Cai PIU, Temporary Impact on Business During Construction. 38 households who are currently doing business along the proposed road could be temporarily affected during the construction phase. Business operations currently operated by those households include: 27 small grocery shops, motorbike repair shops, 08 small restaurants, 03 homestays and hostels. Due to poor road condition in recent five (05) years tourists visiting this area is significantly low thus profits generated these activities have been reduced. It is recorded that monthly profits obtained from grocery shops, restaurants, homestays and hostel are only VND 2-3 million, VND 7-12 million and VND 15 million respectively. Types of business that the households are engaged in are as presented in the table below: Table 11: Types of Business Communes Grocery Restaurant Homestay/hostel Ta Phin Sa Pa Ban Khoang Total Source: Lao Cai PIU, It is recorded that only AHs who operate homestays and hostel has business licenses. All AHs running grocery shops or restaurants have no business licenses. It is also realized that loss of business is not significant since construction time for each road section (every 500 m) is only about 2-4 weeks. According to the result of focus group discussions with households who have business along the road, all AHs said that they expect that the construction activities should be commenced soon to create favorable conditions for attracting more tourists and it will help to improve their income soon. Furthermore, during the construction phase, civil works contractors will conduct the construction activites for section by section, spray water to reduce dust, and use steel panels to cover the road surface being upgraded so that the households 2 Fifty-one (51) households fall into more than one vulnerability category. 23

24 still have access to their restaurants or their hostels/homestays and impacts on their business will be avoided, if not the impacts will be minimized. In case their business is affected by the subproject construction activities, the impacts on business activities will be compensated as specified in the Entitlement matrix. 24

25 III. SOCIO - ECONOMIC INFORMATION AND PROFILE A. Socio-Economic Features of The Subproject 40. Sa Pa District. The population characteristics of Sa Pa district are typified by a large percentage of ethnic minority peoples, particularly in the rural communes. Across Sa Pa district the largest groups are H mong at nearly 52%, followed by Dao people with 23% and Kinh people at 17.9%. Unfortunately, the high percentages of ethnic minority peoples equate with relatively high level of poverty, particularly in the rural communes. This situation is not peculiar to only Sa Pa and is reflected across the whole of Lao Cai province, which is one of the poorest provinces in Viet Nam. Although the rate of poor and near poor households in Sa Pa district is decreasing, but at 2013 was still at 31.6% of the total population. In 2013, at Sa Pa district, poverty rate was only 4 percent and the unemployment rate is also low, approximately 1.8 percent. 41. The 2013 GDP per capita in Sa Pa district was relatively high at about USD1,900, matching well with the national average GDP per capita. This presumably reflects the prosperity of the tourism industry, which accounted for some 75% of the local economy. GDP per capita growth rates was also high at 13.5% over a three-year period. The total number of tourists in Sa Pa, as well as the duration of stay has continually risen during the past few years. Tourism numbers in 2009 stood at 405,000 and of this only 31% are recorded as international tourists. Tourist numbers are forecast to be 1,500,000 by Despite the importance of the tourism sector to the local economy, the majority of the population was still engaged in agriculture. The 2013 statistics for the province show this to be at 62.2%, compared with some 30.2% in the trade and service sector, including tourism. Families primarily engaged in agriculture often have income earning through subsidiary rural based eco-tourism. The nature of agriculture is evolving and diversifying from staple crops to a range of cash crops, primarily vegetable and fruits, together with flower and fish farms. 43. The mountainous terrain of Sa Pa district restricts development land availability such that flat easily developable land is in short supply. At the same time the availability of good quality urban services, including regional/strategic road connections and water supply has lagged behind demand in Sa Pa, thus restricting the nature and scale of investment in the urban sector, including tourism. The current strategic road links, particularly from Lao Cai to Sa Pa may be inadequate in the medium-long term to cater for the anticipated traffic loads. Currently Sa Pa district faces severe environmental problems caused by inadequate water supply, solid waste management and an absence of wastewater treatment facilities. B. Subproject Communes of Sa Pa, Ta Phin And Ban Khoang. 44. Ta Phin commune is located at the North East of Sa Pa district and above 12 km far from the centre of Sa Pa town. It is bordered with communes of Sa Pa, Trung Chai, Ban Khoang (Sa Pa district); Ta Phin Ngan (Bat Xat district). The commune has the total natural land area of 2, ha and has the total population of 697 households (3,391 persons, comprising 1,178 male and 1,673 female). The H mong group includes 368 households (1,958 persons) or 52.7% of total commune population, the Red Dao includes 261 households (1,318 persons or 34.7%;) Day, 01 household (3 persons), Tay, 01 household (3 persons) and the remaining households belong to the Kinh group with 66 households (109 persons or 9.46% of the total commune population). 45. Among the 697 households, 130 households (591 persons) or 19.2% are poor and 264 households (1.414 persons) or 39% are near poor. Average income per capita is 23.2 million VND per year (2017). Key crops that are being planted in the commune include: maize, 238 ha; corn, 110 ha; vegetable, 135 ha; flower, ha; herbal trees, 7 ha; fruit tree, 96 ha. Total forest land of the commune is 1,408.5 ha, of which production forest is ha; protection forest, ha. 81.7% household using hygiene water, 67.8% of household is equipped with hygiene toilet. The commune has no common garbage disposal site. The commune has 08 treated water stations serving 338 households (1,614 persons). 98% of the households are connected to national electricity homestays are operating in the commune. There are one kindergarten, one primary school and one lower secondary school located within the commune. In 2017, only 62% of 25

26 children completed lower secondary school follows upper secondary school or vocational school. 47. Transportation condition from the commune to the town centre is rather poor, almost all roads in the commune were in poor condition and need to be upgraded. 48. Ban Khoang commune is about 18 km far from the Sa Pa town and is bordered with Ta Phin (Sa Pa district) to the East, with Sa Pa town, San Sa Ho commune (Sa Pa district) to the South, with Ta Giang Phin commune (Sa Pa District) and Lai Chau province; with Bat Xat district to the North. The commune has the total natural land area of km 2 and has the total population of 501 households (2,707 persons) and there are 1,674 persons under the working age. The H mong group includes 168 households, the Red Dao includes 261 households; Day, 02 households (9 persons); Tay, 01 household (5 persons) and the remaining households belong to the Kinh group with 69 households. Key economic activities of the commune is agricultural production (maize, corn, vegetable) and animal raising. 49. Nearly 320 or 65.4% of the households are poor and near poor is 96 households or 19.6%. Average income per capita is 14.9 million VND per year (2017). Key crops that are being planted in the commune include: maize, 161 ha; corn, 155 ha; vegetable, 59 ha; flower, 48.2 ha; herbal trees (atiso), 9.3 ha, fruit trees, 13.2 ha. Nearly 69.2% of the households use hygiene water, 49.3% of the households is equipped with hygiene toilet. The commune has no common garbage disposal site. 94.5% of the households are connected to electricity. 50. Only three homestays are operating in the commune. There are one kindergarten, one primary school and one lower secondary school located within the commune. In 2017, only 59.8% of school children completed lower secondary school follows upper secondary school or vocational school. Transportation condition from the commune to district centre is rather poor, almost all roads in the commune were in poor condition and need to be upgraded. 51. Sa Pa commune has the total natural land area of ha and the total population of 902 households, or 5124 persons. Nearly 97% of total population belong to H mong and the remaining belongs to Kinh group. Average income per capital is 13.2 million VND per year (2017). Key crops are being planted in the commune include: maize, corn, vegetable, flower; herbal trees (actiso), fruit tree. 447 households are poor and 27 are near poor. Nearly 47.8% household using hygiene water, 68.8% of total households is equipped with hygiene toilet. The commune has no common garbage disposal site. 91.1% of households are connected to electricity. 52. Seven homestays are operating in the commune. There are one kindergarten, one primary school and on lower secondary school located within the commune. In 2017, only 53.7% of children completed lower secondary school follows upper secondary school or vocational school. Transportation condition from the commune to the district centre is rather poor. Almost all roads in the commune were in poor condition and need upgrading. C. Ethnic Minority Peoples % of Sa Pa district population is EM people. However up to 96% of them are living in the rural area. H mong and Dao groups are main ethnic group which will be affected due to the subproject. There are traditional gender roles in the H mong society. A man's duty involves family responsibility and the provision for the physical and spiritual welfare of his family. H mong men have a system for making decisions that involves clan leaders. Husbands may consult their wives if they wish before making major decisions regarding family affairs, but the husband is the head of the house who announces the decision. H mong women are responsible for nurturing the children, preparing meals, feeding animals, and sharing in agricultural labor. Traditionally, H mong women eat meals only after the men have finished eating, especially if there are guests present in the house. Background information of main ethnic groups in Sa Pa is as below: 54. H mong group is a big ethnic group in Sa Pa with distinctive culture and customs. They mainly live on growing rice, corn or wheat on terraced field. The peasants have a tradition to do catch-crop with sweet potato, vegetables, peanut, sesame, bean... The plough made by H mong people is popular with its endurance. Growing flax, opium (in the past), fruit trees (apple, pear, plumb...) or weaving are the popular activities among the group. H mong people 26

27 normally raise buffalos, cows, pigs, chickens and horses. Horses play an important role in helping transport goods in mountainous and rocky area. Also, horses are very closely with each private household. In addition, H mong people develop a variety of handicraft works namely plaiting, forging, making bridles, and making wooden goods for carrying, making rice paper and producing silver jewelry to serve public needs. 55. H mong people often live in villages of several dozens of houses. They generally live in a one-story house consisting of three compartments and two lean-tos with two to three doors. The altar is placed in the middle compartment. There are various family names of which one or two are the dominant ones with influence on relationships the village. The village leader shall control the relationships in the village regardless the methods which could be punishment or public criticism (in the past). The ordinary people voluntarily commit to obey the common principles on production, live-stock raising, forest protection and helping each other. The relationships among villagers are even much more close-knit thanks to the fact that they worship the same land divinity. H mong people highly appreciate family name including people who share the same ancestor. Their distinctive cultural characteristics are presented through the way they worship their ancestor, door divinity with a certain number of bowls and how to arrange them, place of worshiping ceremony, customs of conducting funerals, for example, where to place the corpse inside the house, how to keep the corpse outdoor before burying, how to construct the tomb. People having the same family name can still be realized though they don t know each other or are in different generation. 56. Inside their houses, H mong people save holly places for worshipping ancestors, God of house, God of kitchen. Some people working as pharmacists also worship the person who pioneers this job. There is some ceremony to prevent strangers from entering the house and village. After worshipping ceremony, people often asking for an amulet to wear with a hope that good lucks will come to them. 57. Red Dao ethic minority group. The Dao worship their ancestors called Ban Ho. Two forms of matrilocal exist, a temporary matrilocal and permanent matrilocal. Their funerals reflect many ancient customs. In some regions, dead people from 12 years old and older are cremated. The houses are built either on stilts, level with the ground, or half on stilts and half on beaten earth. Dao language belongs to the Mong-Dao Group. The Dao have long used Chinese writings (but pronounced in the Dao way) called Nom Dao (Dao Demotic Script). The attire of the Dao men consists of trousers and short vests. Women's attire is more diversified and is often decorated with many traditional motifs. The Dao mainly live off of rice cultivation and by growing subsidiary crops. Sideline occupations include weaving, carpentering, blacksmithing, papermaking and vegetable oil production 58. There are several ongoing social assistance programs in Sa Pa, including the national programs such as: Program 135 (provide production support and infrastructure), program 102 (provide production support for the poor), etc.; and several provincial programs. Since 2009, the district has implemented relocation program for the ethnic minority people under the Decision 33/2007/QD-TTg. In 2013, 40 households were relocated in a centralized area and provided with basic social service facilities such as health station and school. Based on the information obtained in the meetings and discussions with APs during IOL discussion and public consultations; and discussions with the local authorities, none of the land parcels affected by the project are considered as traditionally/customarily owned, used or occupied by any ethnic groups (H mong, Giay, Tay, and Muong). Also, none of the AHs has been covered by the above-mentioned relocation programs for ethnic minority people. D. Socio-Economic Profile of Subproject Affected Households 59. This section summarizes the result of socio-economic survey (SES) which was carried out in December 2017 and February 2018 in three subproject communes. The SES was conducted on 76 AHs, comprising 16 AHs those will lose 10% or more than 10% of their total production land holding, 19 AHs who have to move back their houses to their remaining land SAHs and 41 marginally AHs. Among the surveyed AHs, only four (04) households are Kinh people while 44 households belong to Red Dao EM people and 28 households belong to H mong EM people. The average size of the surveyed AHs in the three (03) communes is 4.9 persons per household. The survey included 69 male headed households (90.7%). Summary 27

28 on household surveyed and family is given in the table below: Table 12: Summary on Surveyed Households Communes No. of Gender of Household Size of surveyed heads No. of Of which Household APs AHs Male Female Male Female Ta Phin Sa Pa Ban Khoang Total Source: SES, Age of household members. Nearly 64.9% of the household members belong to the age from years old and nearly 23% of them fall in the group of years old. Ninetyfive (95) APs are at the age under 18 (24.9%). Details are shown in the table below: Table 13: Age of Surveyed Household Members Total Age # person Male Female Ta Phin Sa Pa Ban Khoang Qty % Qty % Qty % Qty % Qty % Qty % Under Above Total Source: SES, Civil status of respondents. About 66 respondents said that they are married, 4 are widowed and 6 respondents are single. 62. Main occupations of the surveyed household heads. 55 surveyed household heads are involved in agriculture, forestry and fisheries, accounting for 72.4% of the total surveyed household heads. In addition, the number of household heads, who are now doing small businesses (grocery, farm utilities, fertilizer trading...), accounts for 15.8%. Details are shown in the table below: Table 14: Main Occupation of Surveyed Household Heads Total Occupation No. of surveyed AHs Male Female Qty % Qty % Qty % Agriculture, Forestry and Fishery Hired Labor Civil servant Service and trading Retirement/Students Total Source: SES, Education level of surveyed household members. The SES result indicated that 27.0% of the surveyed household members completed secondary school and 28.3% of them completed high school while 22% of the surveyed household members completed primary school. The number of people who have never been to school is about 17.3%. As can be seen in the table below, the number of female and male obtaining primary to high school level is almost the same. At the college and university level, the number of female is a bit higher than that of male. Education levels of the surveyed household members are shown in Table 15: Table 15: Education Levels of Surveyed Household Members Education Levels Total Female Male Qty % Qty % Qty % No schooling Primary school

29 Education Levels Total Female Male Qty % Qty % Qty % Secondary school High school Vocational training College/University Total Source: SES, At each commune, there are kindergarten, primary school and lower secondary school however it is difficult for reaching schools due to poor road condition and school is far from villages. 65. Average Household income. There are 51 households whose income is above 1 million VND/person/month, accounting for 67.1% of total surveyed AHs. About 9.2% of the surveyed households have the household income under 0.7 million VND/person/month. These are defined as poor households according to the national poverty threshold regulated by MOLISA 3. Table 16 presents average monthly household income of the surveyed AHs. Household income (million VND/person/month) Table 16: Average Monthly Household Income Total No. of surveyed AHs Ta Phin Sa Pa Ban Khoang Qty % Under 0.7 (poor household) From 0.7 to 1 (near poor household) From 1 to 1.5 (under average income level) From 1.5 to 3 (average income level) More than 3 (above average income level) Total Source: SES, Housing. As shown in the table below, the majority of the surveyed AHs are living in traditional wooden houses (57.9%) and followed by grade-iv permanent single-storey houses. Table 17: Types of House Type of house Communes 2 storey-house or more Permanent single - storey house Traditional wooden house Ta Phin Quantity % Sa Pa Quantity % Ban Khoang Quantity % Total Quantity % Source: SES, Water use and electricity. 93% of the surveyed AHs use spring gravity fed-water sources for cooking and bathing and 100% of the surveyed AHs are connected to national electricity grid. 68. Sanitation. Most of the surveyed households (80.3%) are now using two or one compartment toilets and 14.5% of them use septic tank toilet. Details are in the table below: 3 According to the poverty norms applied by Viet Nam MOLISA for the period regulated by Government under Decision No.59/2015/QD-TTg dated 19/11/2015, poor households are defined as follow: - Poor households: Households in rural areas having average monthly income per capita under 700,000 deprived of at least 3 indicators measuring deprivation of access to basic social services. - Near poor households: Households in rural areas having average monthly income per capita from 700,000 1,000,000 VND and deprived of less than 3 indicators measuring deprivation of access to basic social services. - Medium household: Households in rural areas having average monthly income per capita from 1,000,000 1,500,000 VND. 29

30 Table 18: Access to Sanitation Total No. of Types of Toilet Surveyed AHs Ta Phin Sa Pa Ban Khoang Qty % Qty % Qty % Qty % Toilet with septic tank or 1 compartment toilets Simple toilets Do not have toilets Total Source: SES, Method of waste collection activities: At present, in the area of the three (03) subproject communes, there is no waste collection system, almost all households in the areas burn their garbage in their garden. 70. Common diseases. Most of the respondents said that most common diseases are cold (85.5%), flu (86.8%). Most common diseases are listed in the table below. There is only clinic centre at each commune however it is not in good condition and staff capability is limit, sick persons normally go to hospital in Sa Pa Town. E. Gender issues Table 19: Common Diseases Common diseases Qty % Cold Flu Respiratory Fever Diarrhea/ Liver/ Source: SES, Within the subproject communes, men and women share many of the tasks related to farming as well as off-farm works. Women, however, have much more responsibility for household work such as taking care of baby, cooking, and cleaning. The proportion of women is approximately equal with men. There seems to be a variation between different families and between different villages regarding women s influence in household decision making. The participation of women in leadership and decision-making in resettlement planning activities will be guaranteed through equal representation of men and women. Election of the representatives to the resettlement planning bodies will be done separately by men and women. Subproject s impacts on gender issues are indirect and limited as below: - Domestic violence due to higher priority to male child and dominant role of men as compared to women. - Birth rate difference due to the dominant role of men over women and general belief that man will carry family s name. - Poor sanitation condition due to limited awareness of sanitation. Most of the EM people do not have toilet and no tap water. - Low awareness of hygiene because of limited awareness of personal hygiene. Women donot know how to take care of themselves. - Human trafficking. It is believed that they may have been trafficked to China border - Drug trafficking since people are poor and sell drugs to get high incomes. - Low self esteem as women do not have opportunities to socialize, and low educational level. Most of the women folks are illiterate. - Early marriage are social practices among EM groupslack of job for women. Apart from cultivation for self-consumption, EM people hardly find second job to generate income. They cannot compete with Kinh people in the town s market to sell agricultural products. 30

31 IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION A. Information disclosure 72. In compliance with the ADB requirements, the Lao Cai PIU assist the Sa Pa Centre of land fund development (CLFD) and subproject communes to publicly disseminate the UREMDP as approved by the Lao Cai PPC and ADB. All APs will be notified in advance about resettlement activities, including: (i) scope of the subproject, project benefits, site clearance plan and construction plan, (ii) detailed measurement and survey results, (iii) lists of eligible APs and their entitlements, (iv) compensation rates and amounts, (v) payment of compensation and other assistances and (vi) other contents such as the complaint mechanism. Notices are posted in the CPC offices and or other easily accessible locations; letters, notices or small brochures are delivered individually to all APs; radio announcements or public meetings. 73. This UREMDP will be uploaded in ADB websites in both English and Vietnamese and disclosed to the AHs through commune and village meetings. The UREMDP will be translated into ethnic minority language (Dao and H mong) and disseminated to the ethnic minority through loud speakers and other oral communication mean in market days as well as in public meetings. In the table below, the different public consultation meetings pursued and planned, and their description and methodology are listed. B. Public consultation and participation 74. Public consultations and community participation is encouraged in all the subproject cycle, including planning, designing, implementing, and monitoring. The objective of the public consultation and participation is to develop and maintain avenues of communication between the subproject, stakeholders and APs to ensure that their views and concerns are incorporated into subproject preparation and implementation with the objectives of reducing or offsetting negative impacts and enhancing benefits from the subproject. The feedback from consultations is very important for the planning process, leading to the formulation of mitigation measures and compensation plans for subproject affected communities, and for environmental mitigation measures. The aims of public consultation and participation are to: i. Provide full and impartial information to affected people about the subproject, its activities, and potential impacts that affect them, and to provide an opportunity for their feedback on the subproject; ii. Explore a range of options for minimizing subproject negative impacts, and for those impacts that can not be avoided, explore the range of options for, and ensure APs participate in the design of mitigation measures; iii. Gather information about the needs and priorities of affected people as well as their feedback on proposed resettlement and compensation policies, options and activities; iv. Obtain co-operation, participation and feedback of affected persons on activities to be undertaken in resettlement planning and implementation, land and community facilities, and the development and implementation of the livelihood program to affect livelihood restoration and development; v. Provide a mechanism for continued dialogue, raising of concerns and monitoring of implementation; Exploring options for the co-management of natural resources through participatory approaches aimed at sustainable use and conservation. vi. Method of consultation and participation ensures two-way exchange of information between the community, people and affected groups by a consultation method in accordance with the traditional cultural of the locality, considering gender issues, vulnerability, social justice and the principle of equality. a/ Consultation and participation during the preparation of UREMDP 75. The first round of public consultation meeting was conducted during May 2017 by Lao Cai PIU to provide CPCs of Sa Pa, Ta Phin and Ban Khoang information relating to the subproject, environment and resettlement impacts that may cause by the subproject. 31

32 Participants at the meeting included representatives of CPCs, women union, farmer union, village leaders. 78 persons (30 persons from Ban Khoang commune; 18, Sa Pa commune; and 30, Ta Phin commune) attended the meetings, 29 are females (37%). All of them are ethnic Dao and H mong persons. 76. During the implementation of DMS from December 2017-February 2018 all AHs were informed about the subproject through meeting at CPCs meeting rooms, village cultural houses to inform about the methods, principles of detail measuring, complaining, etc. Results of DMS were also checked by AHs and finally informed to AHs. 77. The second round of public consultation meetings was held during February 2018 after the completion of the DMS in Ta Phin and Sa Pa communes and on-going DMS in Ban Khoang commune and preparation of draft detailed compensation, assistance and resettlement plans for AHs in Ta Phin and Sa Pa communes. All these meetings were held at CPCs meeting rooms and at village cultural houses. Participants at the meetings include chairman, vice chairman, representatives from commune women union, village leaders, EM elderly persons and representatives of all EM AHs. All of them belong to Dao and H mong group. Kinh languages and Dao and H mong language were used. The number of participants in these meetings is presented in the table below: Table 20: Number of Participants at Public Meetings and Consultations Communes 1 st meeting (May 2017) 2 nd meeting (Feb. 2018) Male Female Male Female Sa Pa commune Ta Phin commune Ban Khoang commune Total Source: Minutes of public consultation meetings, PIU Lao Cai, 2017 and Summary on topics informed and discussed and key findings and recommendations obtained from these public consultations are shown in the table below. Table 21: Summary on Result of Public Consultation During Updating UREMDP Topics Scope of land acquisition and resettlement impacts Compensation unit rate Questions, Issues and concerns Impacts caused by the disposal sites How are unit rates compensation for affected land and assets AHs determined under the subproject making it appropriate for the APs? Clarifications, responses and recommendations Land plots designed for dumping sites belong to households who are currently planting maize or vegetables. Upon completion of the landfill disposal sites will be handed over to households for usage. Households will be compensated for trees and crops at market prices. The Sa Pa LFDC will measure and calculate trees, area of maize for compensation. Households agree to let the contractor to dump disposal in their land as they wish raise land level for building house and save money for buying and dumping land. The landfill should not cause negative impacts to surrounding land. As per the ADB SPS 2009, replacement cost will be applied for affected land and assets. As per the Vietnamese regulations, Lao Cai PPC undertakes the assessment and determination of land prices of all types and prices of for construction of houses, structures, crops and plants, it will be applied for making compensation within the province. These decisions include the Decision No. 17, Decision No. 19, Decision No. 91, Decision No. 13. Regarding the Ta Phin - Ban Khoang subproject, the Lao Cai PPC, based on replacement cost survey of land and assets at subproject communes issued Decision No on compensation unit rate for the land to be acquired. This decision, together with the above mentioned decisions, will be applied in the calculation of compensation for those losing land, houses, structure and crops, plants. These above said decisions are posted publicly at the CPCs. Residents can refer to these decisions on the 32

33 Topics Grievance Redress Mechanism Income restoration programs Questions, Issues and concerns If residential land is acquired for the subproject, how will the AH be compensated and supported? If people complain about the issues involved, how do people complain? Are there any supports or measure to help AHs and EM residents to restore income and life stabilization? Which training courses are suitable for AHs and ethnic minority people? Beneficiaries of the subproject Clarifications, responses and recommendations website of Lao Cai PPC. Legal aid can be provided by judicial personnel of Sa Pa DPC and CPCs, PIU Lao Cai and local legal aid centres. Furthermore, PCU resettlement and ethnic minority specialist also supports and monitors the implementation of compensation, assistance and land acquisition of the subproject After reviewing the rate for compensation and assistance prepared by the Sa Pa LFDC, and after being informed about ADB's policy, the AHs understood and satisfied with the compensation unit rates under the Decision of Lao Cai PPC (Decision No and Decisions No. 17, 19, 91, and 13). The compensation unit rates are in line with the replacement cost and market price at the time of announcing the project implementation decision. Under the Ta Phin - Ban Khoang road subproject, households with residential land will be compensated in cash at replacement cost. In case, AHs those have to move back their houses or have to relocate to new places will be provided with materials transportation assistance, assistance for moving water pipeline, assistance for relocating telecommunication cable and power transmission line. Detailed compensation and allowance plan for each AH will be disseminated to the villagers in subsequent meetings by the Sa Pa LFDC and CPCs. Approval decisions on detailed compensation, assistance and resettlement plans will be made publicly and made available at the CPCs offices. Residents can refer to these decisions at the CPCs offices or they can be assisted by capable staff of CPCs and Sa Pa DPC. Complaints can be made in Vietnamese or H'mong, Thai, Red Dao. Commune staff who understand EM languages and have an understanding of the nature of land and land use will receive complaints for further processing. Complaint mechanism including 03 steps outlined in the UREMDP is considered appropriate. APs can save time and money compared to accessing complaints at the Sa Pa LFDC. Where decisions of the People's Committees do not meet AHs' demands, they may initiate lawsuits at the People's Court. No fee or charge will be applied in case of making complain to local authorities or court Vocational training and support programs currently implemented under the Government Program 135 will create priority on training and support to the AHs, especially EM women affected. Vulnerable households and AHs who lose 10% or more than 10% of their total production land holding are eligible to participate in the Income Restoration Program. A detail needs assessment will be conducted to assess the needs and eligibility of the AHs and to constitute the detailed income restoration activities. The IRP will be conducted in The Lao Cai PIU is responsible for managing the implementation of the IRP. Courses on homestay management, hospitality (cooking, reception, sales) Electromechanical courses: repairing motorbikes, repairing electrical appliances, Car driving Training courses on plantation of fruit trees, orchids, Sell souvenirs, handicraft, vegetables and fruits Organize study tours and experiences share in implementing business models of homestay, food, orchids, etc. All villagers in Sa Pa, Ta Phin and Ban Khoang communes will benefit from the subproject. The subproject will provide 33

34 Topics Potential impacts on EM groups Implementation schedule Other issue Questions, Issues and concerns What kind of support do local people, especially indigenous people, have for local people EM households expected the subproject would be commenced as soon as possible so that they would be benefitted from the upgraded road. EM households requested that measures to mitigate adverse impacts on the EM group should be implemented When the civil works is commenced? We expect that civil works should be commenced as soon as possible Some disputed land plot between villagers of the communes of Ban Khoang and Ta Phin needs to be adequately settled before it can be recovered and compensated Clarifications, responses and recommendations training and help people, especially EM people, improve their capacity and participate in the subproject implementation. Residents in the area will be given priority to work for the subproject such as construction workers, transportation of materials. The contractor is responsible for recruiting local employees. Wages paid to local workers, especially women, should be equal to wages paid to men and workers at the same level from other places. The civil works will be commenced this UREMDP has been submitted to and approved by ADB; (ii) compensation and allowances have been provided in full to AHs; (iii) relocation households have relocated completely; and (iv) the income restoration program is in place. The Lao Cai PIU committed that the EMDP including measures to mitigate adverse impacts on the EM people and measures to promote positive impacts on the EM groups in the subproject area would be implemented sufficiently as presented in the UREMDP. The EMDP implementation would be monitored by relevant agencies and Community Supervision Board. The civil works will be commenced as soon as the completion of the payment of compensation and assistance and land acquisition is completed. As planed civil works will be commenced in early June 2018 and completed in This issue will be considered by Sa Pa DPC and Ban Khoang and Ta Phin CPCs in accordance with the law and the unity of the people to ensure that land owners receive compensation and assistance for land and crops. Source: Public consultations, b/ Public consultation during implementation of the UREMDP 79. During the implementation phase, the Lao Cai PIU in combination with the subproject communes are responsible for dissemination of subproject information and resettlement policies using various media such as organizing seminars, presentations, and public meetings where subproject affected people and beneficiaries are invited with gender inclusive. Lao Cai PIU has distributed the PIB and other documents in local language of the subproject to affected people. The content of the PIB included a brief description of the subproject, the scope of impacts, entitlements of the APs, compensation, assistance and resettlement policies, the livelihood restoration programs, GRM, and the institutional arrangements with the contact information of the Lao Cai PIU. 80. Final UREMDP will be disclosed in Vietnamese in the subproject area to the affected people and communities and the English version of the UREMDP will be publically disclosed on ADB website. Participants are free to discuss and give feedbacks and comments about the technical parameters and subproject impacts of different alternatives, and about resettlement and compensation measures. 81. Local people, especially APs have right to work for the subproject. Community has rights to monitor not only the construction of the subproject but also the implementation of the UREMDP, and some of them may join the Community Supervision Board of the commune to monitor the implementation process. They can lodge grievances if they find any illegal actions or things they disagree. 34

35 V. GRIEVANCE REDRESS MECHANISM 82. Grievances related to any aspect of the subproject shall be handled through negotiation aiming at achieving consensus. The GRM has been designed in this document to address the AHs grievances and/or complaints regarding land acquisition, compensation, and resettlement in a timely and satisfactory manner. APs or AHs shall be made fully aware of their rights and the detailed procedures for filing of grievances and the appeal process. 83. APs are entitled to lodge complaints regarding any issues on land acquisition and resettlement, such as entitlements, compensation rates and payment, and procedures for resettlement and income restoration programs. Complaints can be in writing or in verbal narrative by the APs or AHs. In the case of verbal complaints, the competency agency shall be responsible for making a written record during the first meeting with the complainant. Aggrieved EM AH may bring along a community leader or any person that can help him/her in hearing and complaint resolution. 84. Lao Cai PIU officers shall also serve as grievance officers. The designated commune officials shall exercise all efforts to settle the issues at the commune level through appropriate community consultations. All meetings shall be recorded by the DCARB, and copies shall be provided to APs or AHs. A copy of the minutes of meetings and actions undertaken shall also be provided to the PCU and ADB upon request. The complainant will be exempted from all administrative and legal fees that might be incurred in the resolution of grievances and complaints. 85. GRM set up in this UREMDP follows recent applicable law and regulations and the actual condition of the subproject context. The stages of GRM for the subproject is summarized as below: First stage, at CPC level. An aggrieved AP may bring his/her complaint to any member of the CPC, either through the village chief or directly to the CPC, verbally or in writing. It is the duty of the said CPC member or the village chief to inform the CPC of the complaint. The CPC will meet the complainant personally and will have 10 days to register the complaint after it was filed. The CPC secretariat is responsible for documenting and keeping the files of all complaints that it handles. The time limit for handling the complaints filed for the first time shall not exceed 30 days from the date of registration; for complicated cases, the time limit may be extended, but should not exceed more than 45 days from the date of registration. During 30 days from the expiration day for the settlement of the complaint, if the first complaint is not resolved, or from the day the complainant receives the decision on the complaint, or if the complainant does not agree with it, the complaint can be brought to the Sa Pa DPC or a lawsuit initiated at the people's court. Second stage, at DPC level. If the CPC does not respond to the AP within the said period or the AP is not satisfied with the response of the CPC, the AP can send the complaint to Sa Pa DPC. Upon receipt of the complaint from the aggrieved person, Sa Pa DPC will have 30 days, or 45 days for complicated cases following the lodging of the case to act and resolve this. The Sa Pa DPC through its secretariat is responsible for documenting and keeping file of all complaints that it handles. Third stage, at PPC level. If Sa Pa DPC does not respond to the AP within the said period or the AP still dissatisfied with the response of Sa Pa DPC, the AP can bring the complaint to Lao Cai PPC. Upon receipt of the complaint from the aggrieved person, Lao Cai PPC will have 45 days, or 60 days for complicated cases following the Lao Cai PPC s receipt of the complaint to resolve the case. The Lao Cai PPC is responsible for documenting and keeping files of all complaints. 86. At any stage in the aforementioned GRM, the complainant may have the option to elevate the complaint to administrative courts for litigation following the rules of court. According to the regulations of the 2013 Land Law and the 2013 Law on Grievances, the subproject can proceed without disruption while the case is being heard by the court. If any party is dissatisfied with the ruling of the court, that party can elevate the case to a higher court. 35

36 The above mentioned GRM does not impede access to the country s jurisdiction or administrative remedies. 87. AHs may lodge a complaint in writing directly to the Southeast Asia Department via Vietnam Resident Mission Office in Hanoi. If the AH is still not satisfied with the Southeast Asia Department s response and only as a last resort, the AH may access ADB s Accountability Mechanism: 36

37 VI. POLICY AND LEGAL FRAMEWORK 88. The legal and policy framework for addressing the resettlement impacts of the subproject is provided by the Land Law 2013 and other relevant policies and laws of Viet Nam and the ADB s Safeguard Policy Statement (SPS 2009). The following section outlines the relevant policies and laws, and highlights where differences exist, and the policies and principles that applied under this subproject. A. The ADB Social Safeguards Policy 89. Involuntary resettlement. The 2009 SPS states that: (i) involuntary resettlement (IR) shall be avoided, whenever possible; (ii) IR shall be minimized by exploring project and design alternatives; (iii) the livelihoods of all displaced persons in real terms relative to pre-project levels shall be enhanced or at least restored; and (iv) the standards of living of the displaced poor and other vulnerable groups improved. The IR policy applies to full or partial, permanent or temporary physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) resulting from (i) involuntary acquisition of land or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Resettlement is considered involuntary when displaced individuals or communities do not have right to refuse land acquisition resulting in displacement. This occurs in cases where (i) lands are acquired through expropriation based on eminent domain; and (ii) lands are acquired through negotiated settlements, if the expropriation process would have resulted upon the failure of negotiation. 90. Indigenous peoples. As provided for in the 2009 SPS, the policy on indigenous peoples (IPs) aims to design and implement projects in a way that fosters full respect for IPs identity, dignity, human rights, livelihood systems, and cultural uniqueness, as defined by the IPs themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts because of the subprojects, and (iii) can participate actively in projects that affect them. The term, Indigenous Peoples is used in a generic sense to refer to a distinct, vulnerable, social, and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. 91. A group, which has lost collective attachment to geographically distinct habitats and ancestral territories in the project area because of forced severance, remains eligible for coverage under ADB s IP policy. The IP safeguard is triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems, or culture of IPs or affects the territories or natural or cultural resources that IPs own, use, occupy, or claim as their ancestral domain. 92. In the preparation of social safeguard documents for projects assisted by ADB, the policies on the following cross-cutting themes shall be incorporated: Gender and Development (1998); Public Communications Policy (2011); and Accountability Mechanism (2012). B. Government Laws and Regulations 93. Compensation, assistance and resettlement. Government s principal documents regulating compensation, assistance, resettlement in Viet Nam are listed below: - Constitution of the Socialist Republic of Viet Nam, 2013; - Land Law No. 45/2013/QH13 on comprehensive land administration regulations. - Decree No. 01/2017/ND-CP of 6 January 2017 by the Government amends and supplements Decree 43/2014/ND-CP, dated 15 May 2014 detailing a number of articles of the Land Law; Decree 44/2014/ND-CP, dated 15 May2014 on land prices; and Decree No. 47/2014/ND-CP, dated 15 May 2014 on compensation, assistance and resettlement upon land recovery. The Decree took effect as from 3 March Decree No. 104/2014/ND-CP of 14 November 2014 by the Government of Viet Nam 37

38 regulating land price frame. - Decree No. 43/2014/ND-CP dated May 15, 2014 by the Government of Viet Nam on detailed regulations on implementation of the Land Law No. 45/2013/QH13; - Decree No. 47/2014/ND-CP dated 15 May 2014 by the GOV on compensation, assistance, and resettlement upon land recovery by the State; - Decree No. 44/2014/ND-CP of 15 May 2014 by the GOV on valuation of land prices; - Circular No. 37/2014/BTNMT on detailed guidance on compensation and assistance when the State acquires land; and - Circular No. 36/2014/TT-BTNMT by the MONRE specifying detailed methods of valuation of land prices, construction, adjustment of land prices; specific land prices valuation and land prices valuation consulting service. - Decision No/63/2015/QD-TTg dated 10 December 2015 by Prime Minister regulating policy on assistance in vocational training and job search for workers whose land is withdrawn by the state. - Decision No.1956/2009/QD-TTg of the Governmental Prime Minister dated November 17, 2009 on vocational training for rural. 94. In Lao Cai province, the currently applied regulations on land acquisition, compensation, assistance and resettlement are below: - Decision 13/2015/QD- UBND dated 9 April 2015 by Lao Cai PPC on compensation, assistance and resettlement when the State acquires land for the purposes of national defense, national interests, interest security, public interest, and economic development in Lao Cai province - Decision No. 91/2014/QD-UBND dated 27 December 2014 by Lao Cai PPC on the 5- year ( ) price list for land types in Lao Cai province; - Decision No. 110/2016/QĐ-UBND dated 21 December 2016 by Lao Cai PPC amending and supplementing some articles in Decision No. 91/2014/QD-UBND dated 27 December 2014 by Lao Cai PPC; - Decision No. 17/2015/QD-UBND dated 22 April 2015 by Lao Cai PPC on compensation price list for housing, land based structures when acquired in Lao Cai province; - Decision No. 19/2015/QD-UBND dated 25 April 2015 by Lao Cai PPC on compensation price list for tree, breeding and aquacultures when acquired in Lao Cai province. - Decision No. 20/2016/QD-UBND dated 21 April 2016 by Lao Cai PPC on amending and supplementing some articles in Decision No. 19/2015/QD-UBND dated 25 April 2015 by Lao Cai PPC; - Decision No. 5860/2017/QD-UBND dated 27 December 2017 by Lao Cai PPC on approval of specific land prices for land in the area of Sa Pa District. 95. Ethnic minority. The definition of ethnic minority (EM) status in Vietnam is based on the criteria of: (i) a language different from the national language; and (ii) long traditional residence on, or relationship with land, and long traditional social institutional; (iii) a selfprovided production system; and (iv) a distinct cultural identity and self-identification as a distinct cultural group that is accepted by neighboring ethnic groups. Constitution of Viet Nam (2013), Art. 5 acknowledges equality and equal rights among ethnic groups, upon which also the Government policy and programs on EM development are based upon. Constitution 2013, Arts. 58 and 61 appoint that EM and people living in the mountainous regions are given priority in education and health care services. 96. Some main policies on ethnic minority and gender issued by the Government of Viet Nam include: - Decision No. 1722/QD-TTg approving the National Target Program on sustainable 38

39 poverty reduction for the period; - Decision No. 1557/QD-TTg dated 10 September 2015 by the Prime Minister approving criteria on implementation of MDGs for EM in association with National Post-2015 sustainable development goals; - Decision No. 2356/QD-TTg, of 12 April 2013 on action program to implement the Master Plan on the development of EM human resource and mountainous areas toward 2020; - Joint Circular No. 01/2012/TTLT-BTP-UBDT of the Ministry of Justice and the CEMA guiding implementation of legal assistance for EMs; - Decree No. 80/2011/NQ-CP on sustainable poverty reduction, The main vehicle for implementing government policies concerning EM is through the Committee for EM (CEMA). The CEMA shall identify, coordinate, implement, and monitor projects targeted to EM development and has its own budget to be spent on the main programs and projects. At the provincial level, the Department of EMs is the implementing agency for developing policies concerning EMs, at district level this office has been established under management of the DPC to develop provincial policies concerning EMs and implement programs/projects for EMs. 98. The state-owned Social Policy Bank (SPB) is providing micro loans targeted for poverty and EM households and households in communities that are classified by the GOV as extremely difficult areas. To be qualified for a loan from SPB, the borrower should be a member of one village-level micro credit group. Mass organizations (Women s Union, Farmers, Association, Fatherland Front, Youth Union) support these groups and further cooperate with SPB in disseminating information on loan availability, procedures and management. Mass organizations also give recommendations for priority listing of households for loan attainment. 99. Gender. Constitution of the SRV recognizes the equal rights of men and women. The Vietnam Women s Union is a political-society organization in the political system, which represents the legitimate rights and interests of the elite women of Vietnam, strives for the empowerment of women and gender equality. To date, members of this Women Association were present in almost all sectors and levels. The Gender Equality Law was legalized on November 29, 2006 by the National Assembly of SRV. This is an important legal for the formulation of policies and practical actions on gender equality in Vietnam The above policies affirmed the role of women in the socio-economic development of the country and the GOV s determination to bring the gender relationship to equality. C. Reconciliation of Viet Nam and ADB Policies on Involuntary Resettlement and Ethnic Minorities 101. In general, there are several aspects of the 2013 Vietnam Land Law (LL) similar to the policy objectives and principles of ADB s social safeguards on IR. However, the following differences were noted: While SPS requires that displaced persons without titles (legal rights) to land are provided with resettlement assistance and compensated for loss of non-land assets (constructed before the cut-off date), the 2013 Land Law does not allow compensation of land-attached assets which are illegally established (Art., 92, LL). Certain structures are not compensated based on the value of a new structure (Art., 89.2, LL). There is also no requirement to compensate unregistered businesses for income losses due to business disruption resulting from land recovery and support in re-establishing their business activities elsewhere. While the SPS requires consulting all categories of displaced persons and host communities, the Land Law requires consulting mainly land users who meet the conditions for compensation. While the SPS requires exploring additional revenues and services through benefit sharing schemes, where possible, such is not required under the Land Law. 39

40 While the SPS requires the conduct of a social impact assessment to identify poor and other vulnerable groups who may be disadvantaged/disproportionally affected by the land acquisition for the project and implement targeted measures to assist them, the Land Law does not clearly require projects to identify displaced poor and other vulnerable groups. The level of detail and information required for resettlement planning under the SPS differs from those required under the Land Law. There is also no requirement under the Land Law to prepare a draft resettlement plan prior to the DMS. While the SPS requires that compensation includes interest accrued, the Land Law requires that compensation for land users refusing compensation be kept in an escrow account in the State Treasury without interest. For specific projects, the SPS requires the conduct and disclosure of M&E of resettlement activities. For projects with significant IR impacts, the project is required to retain qualified and experienced external experts to verify the project s internal monitoring. In the Land Law, M&E is required in broad terms and includes all aspects of the implementation of the Land Law. There is also no requirement for independent monitoring for projects with significant IR impacts The following table provides a gap analysis of 2009 Safeguard Policy Statement of ADB and Viet Nam policy on involuntary resettlement and ethnic minority, and measures for filling gaps applied for the subproject. Table 22: Gap Analysis between 2013 Land Law and 2009 SPS ADB and Project Policy Issues Identification of severely affected households Meaningful consultations in planning and implementing resettlement programs Determination of compensation rates for houses and structures ADB SPS requirement Severely AHs are those who will be physically displaced or lose 10% or more of their productive or incomegenerating assets. Carry out meaningful consultations with APs, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. (ADB SPS IR Principle 2) The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs with no deduction of salvageable materials. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments. SPS App. 2: Safeguard Requirements for IR Provision in Land law 2013, Decree 47, Decree 44 AHs losing at 30% or more of productive agriculture land are considered severely impacted and are entitled to livelihood restoration measures. Decree 47, Art. 19, Item 3. Public consultation is required for the preparation of district land use plans (Land Law 2013, Art. 43). Notification of between to be given to affected land users (Land Law 2013, Article 67) On approval of compensation arrangements, detailed information on arrangements to be provided to affected persons, and provision for involvement of the Fatherland Association. (Land Law 2013, Art. 69) Houses/structures used for living purpose will be compensated at replacement cost. (Land Law 2013, Art 89, item 1) Houses/structures used for other purposes will be compensated equal to remaining value of affected house plus some percentage of current value but total compensation amount is not exceeded value of new house/structure. (Decree 47, Art.9) Project Policy AHs to be deemed severely affected if they are to experience loss of 10% or more of productive assets and/or physical displacement Conducting meaningful consultations with affected persons, mass organizations and civic organizations throughout cycle. project Full compensation at replacement cost to be paid for land and all non-land assets. No deductions for salvageable materials or depreciation to be made. 40

41 Issues Provisions for APs who do not have LURCs Prepare Resettlement Plan ADB SPS requirement Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets. SPS IR Safeguards Policy Principle 7 Prepare a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and timebound implementation schedule. SPS IR Safeguards Policy Principle 8 Ethnic Minority Action planning Prepare an EM Development Plan (EMDP) that is based on the social impact assessment and meaningful consultation with the assistance of qualified and experienced experts and that draw on indigenous knowledge and participation by the affected EM communities. Recognition of customary rights Third-party validation of consultation related to land donations Monitoring Prepare an action plan for legal recognition of customary rights to lands and territories or ancestral domains when the project involves (i) activities that are contingent on establishing legally recognized rights to lands and territories that EMs have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of lands. The borrower is required to engage an independent third party to document the negotiation and settlement processes to openly address the risks of asymmetry of information and bargaining power of the parties involved in such transactions. Monitoring indicators specified for internal and external monitoring and reporting. In case of significant or sensitive impacts, an external monitoring organization is required to conduct monitoring on REMDP implementation Provision in Land law 2013, Decree 47, Decree 44 For displaced households who are not eligible for compensation with residential land, but have no other place to live in project commune, provision is made for the State to sell, lease, provide rent-to-own houses or to allocate land with levy collection. Land Law 2013, Article 79. The Land Law 2013, Art. 92 permits recovery of land without compensation for lost assets in some cases. Requirement for preparation of plans for compensation, assistance and resettlement. 2013, Land Law Article 67, Article 69. Contents of plans provided in Decree 47, Article 28. No provision of the government on preparation of EMDP The issues of customary rights or ancestral domains have not been fully recognized through LURC. Project Policy All affected persons to be entitled to compensation in line with ADB policy and government policy depending whichever is higher. RP is required for each subproject The EMDP shall be prepared and updated, implemented and monitored. Full consultation with local Ems will be made to define areas with customary rights and to reflect the issues in an updated EMDP with particular actions to protect or compensate the areas. Not required. In case of land donations involving marginal portions of land, the third party consultant will witness the negotiation and Settlement processes as part of the due diligence report. A voluntary donation form signed by the landowners, witnesses and village leaders will be attached in the report. No monitoring indicators The IA must undertake indicated internal monitoring according to the critical indicators. Anticipated negative impacts of the subproject are minor; external monitoring on REMDP implementation by external monitoring organization is not required. 41

42 D. Subproject Principles 103. Given the comparison above and filling the gaps of the 2013 Land Law from SR2 of ADB s 2009 SPS, the following policy was developed which MCST will commit to implement in a transparent manner, where applicable, in case of land acquisition: Involuntary resettlement and impact on land, structures and other fixed assets will be minimized where possible by exploring all alternative options. Compensation will be based on the principle of replacement cost at the time of compensation. AHs without title or any recognizable legal rights to land are eligible for resettlement assistance and compensation for non-land assets at replacement cost. Meaningful consultation will be carried out with the AHs, indigenous AHs, affected communities and concerned groups and ensure participation from planning up to implementation and monitoring. All comments and recommendations raised by AHs and communities will be considered and handled properly by Lao Cai PIU, Lao Cai PPC, Sa Pa DPC and Sa Pa LFDC and broad community. The project information and UREMDP will be disclosed to AHs in a form and language(s) understandable to them prior to submission to ADB. Resettlement identification, planning and management will ensure the incorporation of gender concerns. Special measures will be incorporated in the UREMDP to protect socially and economically vulnerable groups such as ethnic minority, female headed households, children, disabled, the elderly, landless and people living below the generally accepted poverty line. Existing cultural and religious practices of the local residents, mainly the H mong and Red Dao will be respected and, to the maximum extent, preserved. Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out in various stages of the subproject implementation. Budget for payment of compensation, assistance and resettlement will be prepared sufficiently and made available during the subproject implementation. E. Principles for Valuation Of Land And Non-Land Assets 104. All compensation will be based on the principle of replacement cost. The Sa Pa DPC will establish specific land prices based on the principles stated in Clause 1, Article 56, Land Law and submit to Lao Cai PPC for approval before implementation. Residential land and production land (agricultural, aquaculture, garden and forest) based on actual current market prices that reflect recent land sales in the area, and in the absence of such recent sales, based on recent sales in comparable locations with comparable attributes, fees and taxes for LURC or in the absence of such sales, based on productive value. Compensation for houses and structures will be on the basis of market price for materials and labors without depreciation nor deduction for salvaged building materials. Perennial and annual trees/crops equivalent to current market value of crops at the time of compensation. VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Eligibility 105. The cut-off date has been established for the Ta Phin Ban Khoangaccess road improvements subproject. The cut-off date is December 28, 2017 when the notice on land 42

43 acquisition for the subroject issued by the Sa Pa DPC was disclosed publicly to local communities and AHs. Those who encroach into the subproject area after the cut-off date will not be entitled to compensation or any other assistances under the subproject However, there are some cases when persons can be declared eligible even after the cut-off date has been declared, such as: (i) persons who are occupying or using the land or assets before the cut-off date but who were not in the list of APs; (ii) households separating from large families; and (iii) household who bought the affected land or property after the cut-off date.. B. Subproject Entitlements 106. The subproject entitlements developed and presented in the entitlement matrix below correspond to the potential impacts identified during DMS. Entitlements adopted are based on Government policy on land acquisition, compensation, assistance and resettlement, and ADB Social Safeguard policies on IR. Entitlements for each type of AHs are based on the types and levels of losses. The entitlements also provide various measures aimed at providing opportunities for AHs to obtain development benefits from the project as well as assisting vulnerable AHs to improve their living standards. The entitlement matrix for the subproject is shown in Table Unforeseen Impacts. If any person or household is affected during the subproject implementation process, a social impact assessment will be conducted, and then necessary compensation and assistance will be applied for the households. 43

44 Table 23: Entitlement Matrix Type of Impacts Eligible Persons Entitlements Implementation Issues A. Permanent Impact on Lands 1.1. Loss of Residential Land Partial Loss of Residential Land (84 AHs 404 persons) Owners with LURC, owners in process of acquiring LURC, owners eligible to acquire LURC Cash compensation at replacement cost for the affected land, free from transaction costs (taxes, certification costs, administration fees) Agricultural land including paddy land, land for other annual crops, land for perennial trees, aquaculture land and forest land Losing less than 10% of total production landholding (339 AHs 1,806 persons) Losing more than 10% of total production landholding (16 AHs 95 persons) B. Temporary Impact on Lands 2.1. Temporary acquisition of land for disposal sites (47 AHs 252 persons) Owners with LURC, owners in process of acquiring LURC, owners eligible to acquire LURC. Owners with LURC, owners in process of acquiring LURC, owners eligible to acquire LURC. - Owners with LURC - Owners without LURC but are using the land for living (with certification from CPCs) Cash compensation at replacement cost for the affected land, free from transaction costs (taxes, certification costs, administration fees). Assistance for vocational training, job change and job seeking as shown in Item 8.1. Assistance for life stabilization and production stabilization as shown in Item 8.2. Cash compensation at replacement cost for the affected land, free from transaction costs (taxes, certification costs, administration fees). Assistance for vocational training, job change and job seeking job as shown in Item 8.1. Assistance for life stabilization and production stabilization as shown in Item 8.2. Be eligible to participate in the Income Restoration Program (IRP) Pay for the rent of land for the period of use following the provincially regulated priceframe; Compensation for standing crops on the temporarily acquired land at the market price; Restore of land within one (01) month after AHs should be informed six months before their land is acquired by the subproject. AHs will fully receive compensation and allowance at replacement cost prior to site clearance. LURC shall be adjusted at no cost for the land user. AHs will be noticed about land acquisition at least 90 days before and fully receive the compensation and allowance at replacement cost before site clearing at least 01 (one) month. LURC shall be adjusted at no cost for the owner. AHs will be noticed about land acquisition at least 90 days before and fully receive the compensation and allowance at replacement cost before site clearing at least 01 (one) month. The remaining area of the land plot is no-longer economically viable (too small), the shape is difficult for cultivation) and if the land user requests, the entire plot shall be acquired and compensated by replacement cost. LURC shall be adjusted at no cost for the owner. Contractor shall be responsible for compensating for temporarily affected land and restoring of land to its previous or better quality before returning it to the AHs. 44

45 Type of Impacts Eligible Persons Entitlements Implementation Issues using to its previous or better quality OR pay full replacement cost to the land user if it fails to restore the affected land within one (01) month after use of land. Temporary loss of public land (12.7 ha) for labour camping, etc. C. Impact on Houses and Structures 3.1. Houses fully affected (19 AHs with 98 persons have to move back their houses to their remaining land) 3.2. Houses partially affected and other structures (148 AHs (754 persons) 3.3. Graves (one AH and 12 unidentified owners) D. Impact on Crops and Trees 4.1. Loss of crops and trees (213 AHs 1,134 persons) Land owned by the CPC and public utility Owners of houses Owners of houses and structures Households/individuals who have graves Owners of crops and/or trees. Pay for the rent of land for the period of use following the provincially regulated priceframe; Compensation for standing crops on the temporarily acquired land at the market price; Restore of land within one (01) month after using to its previous or better quality OR pay full replacement cost to the land user if it fails to restore the affected land within one (01) month after use of land. Cash compensation at replacement cost for the entire affected houses; Be entitled to receive relocation assistance as presented in 8.3 Eligible to participate in the IRP Cash compensation at replacement cost for the affected structures. AHs will be allocated land for relocating the affected graves. Costs of excavation, relocation and reburial and other reasonable cost of graves as prescribed in PPC s regulation. Affected crops: Cash compensation at market rate for the average productivity of the affected crop for one-harvesting season. The average productivity of the crop bases on the average production over past three years. Affected trees: Cash compensation at current market prices given the type, age and productive value of the affected trees. Contractor shall be responsible for compensating for temporarily affected land and restoring of land to its previous or better quality before returning it to the AHs. Replacement cost based on the market costs of construction materials and labors to newly construct the affected portion, without deduction for depreciation or salvageable materials. Replacement cost based on the market costs of construction materials and labors to newly construct the affected portion, without deduction for depreciation or salvageable materials. APs have the right to use salvageable trees. 45

46 Type of Impacts Eligible Persons Entitlements Implementation Issues E. Impact on Business 5.1. Loss of business income during relocation or during dismantling/repair of affected portion F. Impact on Public assets 6.1. Public assets including electrical poles, irrigation canal owned by public utilities G. Impact on Vulnerable Groups 7.1. Vulnerable AHs (319 AHs 1,758 persons) H. Assistances 39 m fence of Phin Ho village cultural house and 49 electrical poles and 200 m of canal will be replaced AHs who are classified as: (i) female headed households with dependents, (ii) disabled household heads, (iii) poor households, (iv) children and the elderly who are landless and with no other means of support; and (v) EM households Cash compensation equivalent to the reported average monthly income pro-rated to the number of days of business disruption. Cash compensation for affected fence of cultural house. Electrical poles and canal will be replaced by the contractor. Cash assistance is VND 600,000/person/month for three (03) months; Contractors will make all efforts to recruit APs and vulnerable APs as laborers for civil works; Eligible to participate in the IRP. District Division of Finance and District Division of Tax will review monthly tax reports of the AHs and propose the compensation level for the disrupted business in consultation with the AHs. Lao Cai PPC will provide local budget for replacement of these public assets. All assets should be provided to local persons with proper service of the same quality and quantity as before the subproject. No additional cost on restructuring these assets is applied for local residents The assistance will be paid to vulnerable households by the time of conducting compensation payment and before conducting site clearance Assistance for life stabilization and production stabilization AHs having agricultural land permanently acquired (i) 339 AHs 1,820 persons losing less than 30% of their total production land holding and not having to reolocate (ii) 16 AHs 81 persons losing less than 30% of their total production land holding and having to reolocate HHs losing less than 30% of their total production landholding: VND 600,000/person/month for all family members for three (03) months if not having to relocate and six (06) months if having to relocate; HHs losing from 30 to less than 70% of their total production landholding: VND 600,000/person/month for all family members for six (06) months; HHs losing from more than 70% of their total production landholding: VND 600,000/person/month for all family members for twelve (12) months. 46

47 Type of Impacts Eligible Persons Entitlements Implementation Issues 8.2. Assistance for vocational training, job change and job seeking (355 AHs 1,901 persons) 8.3. Relocation assistance (19 AHs 98 persons) AHs who have to relocate their houses and do not have agricultural land permanently acquired (03 AHs 17 persons) AHs having agricultural land permanently acquired AHs who have to relocate their houses AHs are entitled to receive the assistance equivalent to VND 600,000/person/month multipied six (06) months for all family members Cash assistance equals to three (03) times of the compensation cost for the affected agricultural land. Materials transportation assistance: For AHs with less than five (05) family members: VND 5,000,000/household if AH relocates their house within Lao Cai province; For AHs with five (05) and more 05 family members: VND 1,000,000/person for each extra person Assistance for relocating water pipeline: VND 2,000,000/household; Assistance for relocating telecommunication cable: VND 300,000/household; Assistance for relocating power transmission line: VND 2,000,000/household. The assistance will be paid to AHs by the time of conducting compensation payment and before conducting site clearance. The allowance will be paid to AHs by the time of conducting compensation payment and before conducting site clearance. 47

48 VIII. ETHNIC MINORITY DEVELOPMENT PLAN A. Potential Impacts on Local Ethnic Minority People 108. The subproject implementation will have positive impacts on the people in the subproject area in general and on women, especially EM persons as below: Improving traffic condition in the area; Increase of trade of farmed food and handicraft products of households alongside the subproject s areas, including the local EM households; The upgraded access road would lead to increase of tourists coming to the subproject areas; Savings travel time will create conditions for women and children easier access to education and health services; Creation of jobs to increase income for women, especially poor women and ethnic minority groups during subproject construction time and after construction. Providing opportunities to improve the status of women and enhance their participation in community activities through gender action plan; 109. Notwithstanding potential positive impacts, there are likely to be some potential negative subproject impacts on local EMs. Loss of land of the EM households (even only smalll areas of agricultural land of 316 EM households) would result in loss of crops and revenue resulting from agricultural production. Sixteen (16) EM households have to move back their houses to their remaining land. Traditional values of H mong and Red Dao ethnic minorities would be affected due to increased interactions with other people coming to the community. In contacting with the outsiders, different values would be observed and adopted by H mong and Red Dao EM people and by that way the H mong and Red Dao's traditional values would be affected. In very poor ethnic minority villages, there could be negative social effects from road rehabilitation, like opening of karaoke bars and guest houses, homestays as the road will provide easy access, which might potentially increase vulnerability of women and cause emergence of social evils such as drug use, women/children trafficking, prostitution, transmission of HIV/AIDS, Sexually Transmitted Infections (STIs) and conflicts with local people, including local EM people of construction workers (those are the outsiders coming to the local) during subproject construction. B. Ethnic Minority Development Measures 110. Measures to avoid, if not mitigate the negative impacts on and to promote positive impacts of the subproject to the local EM people have been developed in consultation with and participation of the local EM people. Table 24: Ethnic Minority Development Plan Measures Responsibility Activities Time frame Cost estimate To Mitigate Potential Negative Impacts by the Subproject 1. Loss of land and Sa Pa DCARB Compensation other assets of the EM CPCs households 2. Health risk and increased of social evils Lao Cai PIU Sa Pa DPC and relevant divisions CPCs for affected land, houses and other structures at replacement cost Effectively implement of the IRP Effectively implement of the EIA and the Gender Action Plan (GAP) by the Lao Cai PIU April August 2018 As specified in the EIA and GAP Included in the budget for compensation, assistance and resettlement Included in the budget of the EIA and GAP 48

49 Measures Responsibility Activities Time frame Cost estimate Provincial CEMA and District CEMA Sa Pa Women s Union Civil works contractor Sa Pa DPC and CPCs will increase of police check-ups on drug trafficking and prostitution as well as labour camp management by the construction contractor. Cooperate with Sa Pa District Women s Union in conducting their ongoing program on combating human trafficking such as (i) awareness raising in communities and schools to help women and children to identify how traffickers work, to avoid any interaction with people that might put them at risk, and to report anyone that demonstrates suspicious behaviors to the authorities; and (ii) providing shelters and support such as vocational training for victims of trafficking and women that decide to leave prostitution so that they can find new sources of employment To be determined Included in the local budget 3. Increase of tourists coming to the subproject areas 4. Impacts on traditional values of H mong and Red Dao ethnic people Lao Cai PIU CPCs CTGs Lao Cai PIU Sa Pa DPC Provincial CEMA and District CEMA CPCs CTGs Provide asssistance to help EM villages to install signage, develop cultural shows and homestays, and develop other types of microenterprises as well as identify suitable tourist attractions such as caves, walking trails, and cultural industries that can draw visitors to stop and spend money in their communities Effectively implement of the EIA by the Lao Cai PIU and civil works contractors Lao Cai PIU, Sa Pa DPC, District CEMA, CPCs and CTGs to organise of awareness rising campaign on protection of traditional values of the EM groups in three subproject communes. To determined be As specified in the EIA To determined be To be determined 03 consultation sessions x VND 10,000,000/ session = VND 30,000,000 Included in the contractors budget 03 training courses x VND 10,000,000/ course = VND 30,000,000 To Promote Potential Positive Impacts by the Subproject 1. Increased trade of Lao Cai PIU Assist the IRP farmed food and Sa Pa DCARB participating households handicrafts products of Sa Pa DPC to implement of IRP To determined be Included in the cost of IRP 49

50 households Measures Responsibility Activities Time frame Cost estimate 2. Increased and better access via the new and improved access road 3. Creation of jobs to increase income for women, especially poor women and ethnic minority groups during subproject construction time and after construction CPCs CTGs District Vocational training centre Lao Cai PPC and relevant provincial departments Sa Pa DPC Lao Cai PIU CPCs Civil works contractor CTGs activities (including farm production and settingup tourism related business and services) Regularly carry-out of road maintenance Disclose information on recruitments for the subproject to the AHs, women and EM people in the subproject area by posting the notice at public places or orally informed by the contractor and village leaders Allocate retail space in the rest areas for EM women to market handicrafts and other local products and consult with EM men and women to determine the criteria for assigning space to vendors at the various locations As scheduled by relevant agencies During the construction phase Included in the local budget Included in the contractors budget 03 training courses x VND 10,000,000/ course = VND 30,000, Lao Cai PIU will work with the DCST, Provincial CEMA, community tourist group (CTG) members at each subproject site to ensure that implementation of the EMDP stays on track. CTG representatives, with training and support from the national Social Safeguards Specialist and the Lao Cai PIU, will hold community consultation meetings shortly after subproject inception and regular progress review meetings during implementation to ensure the community is involved in the implementation, monitoring, and evaluation of the EMDP. The outcomes of the regular community consultations will be summarized and fed into the subproject s semi-annual progress reports In general, Lao Cai PPC, relevant departments as well as provincial CEMA, Women s Union have had experiences in conducting EMDP for ADB-funded projects such as Noi Bai Lao Cai Highway and Second Greater Mekong Sub-region Corridor Towns Development Project. For Sa Pa district, Sa Pa DPC, Sa Pa DCARB, Sa Pa District Women s union as well as district CEMA have experiences in implementing the EMDP for Upgrading Road 152 in the communes of Lao Chai, Ta Van, Hau Tao, Su Pan, Ban Ho, San Sa Ho Sa Pa town, and Sa Pa. Therefore, capacity buidling for the stakeholers is not required However, capacity building for the DCST, Women s Union, officers of CPCs, village leaders and CTGs in the subproject communes is crucial for the EMDP implementation, monitoring and evaluation. The PCU, with the support of the international and national social development and gender specialists will be responsible for undertaking necessary measures to strengthen the capacity of concerned local officials to effectively implement the EMDP. Capacity development activities will also target village leaders, and the EM representatives of CTGs Capacity building for local officials shall focus on the social, legal, and technical capabilities which are necessary for EMDP implementation, monitoring and evaluation, as well as increasing knowledge on gender and social inclusion and the value of cultural diversity as a key asset for Viet Nam s tourism development. Capacity building for CTG members and village leaders shall focus on improving project management skills, ability to facilitating community meetings, and prepare brief verbal and written reports to document issues and other concerns of the communities A budget for meetings and consultations, capacity building for local officials, village leaders and CTGs has been specifically earmarked in the EMDP budget below, to be financed by the ADB 50

51 loan. The EMDP budget will be administered by the PIU in close coordination with CTG focal and representatives of the District Women s Union and CEMA. Total budget for the EMDP is VND 150,000,000. Planning and budgeting for the EMDP implementation will be integrated into preparation of the subproject s annual work plan and budget. The EMDP implementation will be monitored and included into the semi-annual monioring report submitted to PCU and ADB Details of cost estimate for the EMDP of the subproject is in the table below: Table 25: Cost Estimate for the EMDP Items Unit Quantity Unit price (VND/ unit) Amount (VND) Consultation sessions session 9 10,000,000 90,000,000 Capacity building for local officials session 3 10,000,000 30,000,000 Capacity building for village leaders, CTGs session 3 10,000,000 30,000,000 Total 150,000,000 IX. RELOCATION OF HOUSING AND SETTLEMENT 117. The DMS result shows that no households have to relocate their houses to new places, there are 19 AHs with 98 persons who have to rebuild their house on the remaining land area. Their affected assets will be compensated at replacement cost. Additionally, the AHs will receive other assistances in cash including (i) assistance for life stabilization that equals VND 600,000/person/month for six (06) months for all family members; (ii) materials transportation assistance which is VND 5,000,000/household for AHs with less than 05 family members per household; For AHs with five (05) and more 05 family members: VND 1,000,000/person for each extra person; (iii) Assistance for moving water pipeline (VND 2,000,000/household; (iv) Assistance for relocating telecommunication cable (VND 300,000/household); and (v) Assistance for power transmission line (VND 2,000,000/household). X. INCOME RESTORATION AND REHABILITATION 118. In addition to the cash allowances for vocational training, job change and job seeking, assistance for life stabilization and life production, an income restoration program (IRP) will be provided. The IRP is designed to support (i) 16 AHs (95 persons) losing 10% or more of their production/income-generating assets and 19 AHs (98 persons) who have to rebuild their houses on the remaining land; and (ii) 319 vulnerable AHs (1,758 persons). However, 32 out of the 35 AHs are vulnerable AHs, therefore, 322 households (1,774 persons) are eligible to participate in the IRP The households will be supported with trainings to build their production capacity. According to the consultations held in February 2018 with the local people, trainings for the IRP participating households will cover the following areas: For maximizing the use of remaining unacquired production land for farming purpose: - Land use rotation and suitable crops for plantation (traditional herbs, peach and other types of fruits); - High productivitiy and high value crops plantation; - New and effective plantation techniques; and - Combination of animals raising and crops plantation For creating career opportunities through vocational trainings - Motorbike and cell phone repairing; - Electronic devices repairing For setting-up of tourism related business/services - Business planning and management 51

52 - Handicraft/food production/culinary and marketing, and service quality enhancement 120. It is estimated that the budget for the IRP is about VND 10,000,000/household, so the cost for the IRP is VND 3,220,000,000. The cost will be financed from the Lao Cai budget which is already included in on-going program supporting those losing land in the district area for the socio-economic development projects. The eligible AHs can attend training courses to be organized by district vocational training centre The IRP will be implemented for duration of two (02) years, commencing from June Lao Cai PIU will coordinate and work with the CPCs and relevant agencies of Sa Pa DPC and AHs and EM persons within the subproject area to implement, manage and supervise the IRP implementation. The IRP implementation process and outcomes will be monitored and included in the semi-annual monitoring report submitted to PCU and ADB The Sa Pa DCARB will be the implementing agency for the IRP. A detailed needs assessment will be carried out by the DCARB in cooperation with the Lao Cai PIU and the CPCs to assess the needs and eligibility of the AHs and to constitute the detailed income restoration activities. The PIU Lao Cai will (i) support the Sa Pa DCARB in carrying out of the detailed needs assessment and in working with the district vocational training centre; (ii) discuss and agree with the Sa Pa DCARB, CPCs and the IRP eligible households on specific income restoration measures to implement; (iii) support the Sa Pa DCARB in preparing the IRP for submission to Lao Cai PPC for review and acceptance; and (iv) transfer budget to the Sa Pa DCARB to implement of the accepted IRP The Sa Pa DCARB and the district vocational training centre have had experiences in conducting ADB-funded project, namely Loan 3353 VIE Second Greater Mekong Sub-region Corridor Towns Development Project in Sa Pa District, so the stakeholders are capable of implementing the IRP for the subproject. Table 26: Cost Estimate for Income Restoration Program No. of eligible AHs Unit price (household) (VND/ household) Amount (VND) Income Restoration Program ,000,000 3,220,000,000 XI. RESETTLEMENT BUDGET AND FINANCING PLAN 124. Replacement cost survey for the subproject was conducted in November An appraisal council including reprensatatives of Lao Cai Provincial Department of Natural Resources and Environment, Department of Finance, Department of Tax and Department of Construction was established to appraise the specific land prices which is applied for compensation for the affected land under the subproject. The appraisal result was approved by Lao Cai PPC in Decision No. 5860/2017/QD-UBND dated 27 December 2017 by Lao Cai PPC on approval of specific land prices for land in the area of Sa Pa District. Accordingly, land price adjustment coefficient for compensation, site clearance in Sa Pa, Ta Phin and Ban Khoang communes: For land for paddy land, land for other annual trees, land for perennial trees; land for aquaculture: K=1.5; forest land: K=1.2. For rural residential land: Sa Pa commune, K=1.2. Ban Khoang commune, K=1. Ta Phin commune (Sa Pa Ta Phin road): (1) The road section from Sa Pa commune to the junction of the 1st group, Sa Xeng village: K=1. (2) The section from the junction of the 1st group, Sa Xeng village to bridge of group 4 of Sa Xeng village, the section leading to the CPC office and from the Mr. Thuong s home crossroads to the primary schools, K=1.3. (3) The section from the bridge of group 4 of Sa Xeng village to gate of Ta Phin, K=1. 52

53 (4) Other rural land locations are not in the central area, K= Locations, specific price of all land categories are determined in accordance with regulations in the Decision No. 91/2014/QD-UBND date 27 December 2014 of the Lao Cai PPC 126. Budget calculation for compensation, assistance and resettlement for the subproject in this UREMDP are based on the DMS was completed in February and April 2018, entitlements of the AHs following the provisions specified in the Entitlement matrix and consultation results with the AHs and relevant agencies Total estimated cost for the implementation of this UREMDP is VND 63,741,482,887 or US$ 2,802,439. The cost for compensation, assistance and resettlement and IRP implementation will be financed by Lao Cai PPC and the cost for the EMDP implementaion will be included in Component 4 and funded by the ADB source. 53

54 Table 27: Calculated Budget for The Implemenation of Updated Resettlement and Ethnic Minority Development Plan No Items Unit Average Unit price Quantity K-coefficient Amount (VND) 1 Compensation VND 18,636,932, Compensation for land 13,075,629,370 - Residential land 5, Ban Khoang commune VND/ m 2 142, ,203,800 + Sa Pa commune VND/ m 2 700, ,209,264,000 + Ta Phin commune - Section from Sa Pa commune to the crossroad heading to Doi 1 in Sa Xeng Village VND/ m 2 500, ,900,000 Section from the crossroad heading to Doi 1 in Sa Xeng village to Doi 4 bridge VND/ m 2 1,100, ,424,852,000 Section from Doi 4 bridge in Sa Xeng Village to Ta Phin cave VND/ m 2 500, ,400,000 Other position VND/ m 2 500, ,650,000 VND/ m 2 142, ,740,200 - Paddy land VND/ m 2 26,000 9, ,544,100 - Land for other annual crops VND/ m 2 26, , ,533,294,600 - Land for perennial trees VND/ m 2 23,000 35, ,232,667,750 - Aquaculture land VND/ m 2 34, ,842,200 - Forest land VND/ m 2 8,000 11, ,270, Compensation for trees 1,704,225,423 - Fruit trees VND / tree 354, ,213,410 - Timber trees VND / tree 44, ,170,595 - Medicinal herbs VND / tree 80, ,879,728 - Flowerpots VND / tree 15, ,804,336 - Flower VND / tree 110, ,716,060 - Other crops VND / tree 12, ,967,280 - Vegetables VND / tree 8, ,599,348 - Bamboo 22, ,874, Compensation for houses and structures 3,857,077,906 Tank VND / m 3 964, ,687,457 54

55 No Items Unit Average Unit price Quantity K-coefficient Amount (VND) Breeding facilities covered with bamboo VND/ m 2 228, ,666,749 Bricked breeding facilities VND/ m 2 697, ,196,675 Well VND/ m 656, ,933,632 Bamboo fences VND/ m 6, ,343,120 Barbed wire fences VND/ m 2 53, ,158,752 Iron fences VND/ m 2 229, ,750,990 Iron grid fences VND/ m 2 62,000 2, ,282,600 One-storey house VND/ m 2 2,350, ,175,532,525 Wooden house VND/ m 2 1,374,643 1, ,941,834,246 Storehouse VND/ m 2 2,085, ,276,600 Temporary house VND/ m 2 434, ,352,362 Toilet VND/ m 2 815, ,741,771 Bricked walls VND/ m 2 715, ,320,426 Graves ea 16,000, ,000, Public assets Included in the local budget 2 Assistances 34,803,658, Assistance for households who have to move back their houses to their remaining land - Transportation assistance VND/household 100, ,900, Households with less than 5 family members per household VND/ household 5,000, ,000, households with 05 family members per household VND/ household 6,000, ,000, household with 06 family members VND/ household 7,000, ,000, household with 07 family members VND/ household 8,000, ,000, households with 08 family members per household VND/ household 9,000, ,000, household with 09 family members VND/ household 10,000, ,000, household with 10 family members VND/ household 11,000, ,000,000 - Assistance for relocating water pipeline VND/ household 2,000, ,000,000 55

56 No Items Unit Average Unit price Quantity K-coefficient Amount (VND) - Assistance for relocating telecommunication cable VND/ household 300, ,700,000 - Assistance for relocating power transmission line VND/ household 2,000, ,000, Assistance for life stabilization and production stabilization - For 339 households (1,820 persons) who lose less than 30% of their total production land holding, not have to relocate (VND VND/ person 1,800, ,276,000, ,000/person/month x 3 months) - For 16 households (81 persons) who lose less than 30% of their total production land holding and have to relocate (VND VND/ person 3,600, ,600, ,000/person/month x 6 months) - For 03 households (17 persons) who have to relocate and not have agricultural land acquired (VND 600,000/person/month x 6 months) VND/ person 3,600, ,200,000 Assistance for vocational training, job change 2.3 and job seeking which is three (03) times of the compensation cost for the affected 27,805,858,110 agricultural land. 2.4 Assistance for 319 vulnerable households (1758 persons) (VND 600,000/person/month VND/ person 1,800,000 1,758 3,164,400,000 x 03 months) 3 Income restoration program VND/ household 10,000, ,220,000,000 4 Ethnic minority development plan 150,000,000 5 Administration cost (2% of total cost for compensation, assistance and resettlement = 1,136,211,816 2% x ( ) 6 TOTAL = ,946,802,625 7 Contingency cost (10% x (6)) 5,794,680,262 56

57 No Items Unit Average Unit price Quantity K-coefficient Amount (VND) 8 GRAND TOTAL = (6) + (7) VND 63,741,482,887 US$ 2,802,

58 XII. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION A. National level 128. Ministry of Culture, Sports and Tourism (MCST) is the Executing Agency of the project. During the implementation of this UREMDP, PCU under MCST and their PIU shall be established and has responsibilities for the UREMDPs implementation as follows: - Provide overall planning, coordination, and supervision of the UREMDP implementation; - Guide implementing agencies including PIUs to implement resettlement activities in accordance with policy of the approved UREMDPs; and advise local authorities to resolve timely and successfully any issues or shortcomings identified through internal monitoring of this UREMDPs implementation; - Obtain approvals of the PPCs and ADB before implementing; - Provide resettlement training to implementing agencies, including PCU and PIUs staff and DCARBs staff; - Establish database of APs for each subproject, as well as for the subproject as a whole; - Establish procedures for ongoing internal monitoring and review of project level progress reports and for tracking compliance to project policies; establish procedures for monitoring coordination between contractors and local communities and for ensuring prompt identification and compensation for impacts occurring during construction; establish procedures for the prompt implementation of corrective actions and the resolution of grievances; - Report periodically on resettlement implementation progress to the ADB. B. Provincial level 129. Lao Cai Provincial People s Committee (Lao Cai PPC) is responsible for resettlement activities within its administrative jurisdiction and its main responsibilities includes: - Approve UREMDP; - Issue decisions approving land valuations applied for compensation rates, allowances and other supports to APs, especially vulnerable groups, based on principles of the UREMDP; - Approve budget allocation for compensation, assistance and resettlement; - Provide sufficiently and timely budget for implementation of UREMDP; - Direct and supervise provincial relevant departments to implement effectively the UREMDP. - Authorize the Sa Pa DPC to approve compensation, assistance and resettlement plans; - Direct the relevant agencies to settle complaints, grievances related to compensation, assistance and resettlement according to their law prescribed competence; - Direct the relevant agencies to examine and handle the violations in the compensation, assistance and resettlement domain Lao Cai Project Implementation Unit (Lao Cai PIU) under DCST is responsible for the UREMDP implementation and internal monitoring with main tasks below: - Supervise the UREMDP implementation; - Guide the Sa Pa DCARB to implement all resettlement activities in compliance with the approved UREMDP; and resolving any mistakes or shortcomings identified by internal monitoring to ensure that the objectives of the UREMDP are met; and otherwise, to provide appropriate technical, financial and equipment supports to the Sa Pa DCARB. - Conduct, in coordination with the Sa Pa DCARB and subproject CPCs in undertaking information campaigns and stakeholder consultation in accordance with established project guidelines; 58

59 - Coordinate with other line agencies to ensure delivery of compensation, allowances and rehabilitation measures to APs timely; - Implement internal resettlement monitoring, establish and maintain AP databases for each component in accordance with established project procedures and providing regular reports to PCU; and - Implement prompt corrective actions in response to issues/problems raised in internal monitoring reports. C. Sa Pa District People s Committee 131. Sa Pa District People s Committee (Sa Pa DPC) shall undertake management on compensation, assistance and resettlement. The Sa Pa DPC is responsible to the Lao Cai PPC to prepare report on progress, and the result of land acquisition and the implementation of rehabilitation and livelihood restoration program. The Sa Pa DPC primary tasks includes: - Approve schedule and monitor progress of land acquisition and resettlement implementation in compliance with the UREMDP; - Establish DCARB and resettlement team and direct DCARB and relevant district departments to appraise and implement the detailed compensation, assistance and resettlement; - Approve and take responsibility on the legal basis, and accuracy of the detailed compensation, assistance and resettlement options in the local area; - Approve cost estimates on implementation of compensation, assistance and resettlement work - Take responsibility for adjusting LURC for households and individuals who have land partially recovered, in accordance with authorization issued by the Lao Cai PPC; - Direct the subproject CPC and relevant organizations on various resettlement activities; - Review and endorse the UREMDP for approval by the Lao Cai PPC; - Resolve complaints and grievances of APs 132. Sa Pa District Compensation, Assistance and Resettlement Board (DCARB) The composition of the Sa Pa DCARB includes subproject Sa Pa DPC vice chairman and the Sa Pa Land Fund Development Centre and representatives of relevant departments of Sa Pa DPC and other non-governmental organizations. The main responsibilities of the Sa Pa DCARB are following: - Organize, plan and carry out compensation, assistance and resettlement activities; - Prepare compensation plans and submit to Sa Pa DPC for approval. Implement livelihood restoration plan; - Take responsibility for legal basis applied in compensation, assistance and resettlement policy following approved UREMDP; - Assist in the identification and allocation of land for relocated households (if any); - Lead and coordinate with CPCs in the timely delivery of compensation payment and other entitlements to AHs; and - Assist in the resolution of grievances. D. Commune level 133. The subproject CPCs will assist the Sa Pa DCARB in implementation of the UREMDP. Specifically, these CPCs will be responsible for the following: - In cooperation with local mass organizations, mobilize people who will be acquired to implement the compensation, assistance and settlement policy according to approved UREMDP; - To cooperate with Sa Pa DCARB to communicate the reason for acquisition to the people whose land is to be acquired; to notify and publicize all resettlement options on 59

60 compensation, assistance and resettlement which are approved by the Sa Pa DPC; - Assign commune officials to assist the Sa Pa DCARB in the implementation of resettlement activities; - Sign agreement compensation forms along with the AHs; - Assist in the resolution of grievances; and actively participate in all resettlement activities and concerns Community Tourism Groups (CTG) that will have representation from the villages and communes situated along the access road to be upgraded. CTGs will - Raise issues of concern among participating communities with the Lao Cai PIU; - Ensure that the concerns of the community are adequately reflected in the design and implementation of the subproject; - Assist in the implementation of community-based training and awareness programs; and - Ensure that the community is involved in community-based monitoring and evaluation through participation in the subproject review meetings. E. Committee for Ethnic Minority Affairs (CEMA) 135. Provincial and District CEMA have responsibilities as follows: - Review the EMDP activities and advise the Lao Cai PIU on EMDP implementation issues; - Participate in the EMDP implementation together with the Lao Cai PIU; - Participate in monitoring of EMDP implementation, discuss with local EMs, local authorities and Lao Cai PIU on the modifications of interventions/action plans (if any) to ensure that the mitigation activities and development measures to EM groups are implemented properly; - Advise the Lao Cai PIU on the issues/impacts that arised during the subproject implementation in the EM area; - Record of data/issues on the EMDP implementation, share of experiences and lesson learned from implementing of EMDP of the Subproject to other projects/subproject that are/will be implementing in the area, including the government funded projects. XIII. IMPLEMENTATION SCHEDULE 136. The implementation schedule for resettlement activities for the subproject is presented in table below including (i) preparation of the UREMDP; (ii) implementation of the UREMDP and (iii) internal monitoring of the UREMDP. The detailed compensation, assistance and resettlement plans for each AH will be prepared by the Sa Pa LFDC and approved by Sa Pa DPC. Payment of compensation and assistance for AHs will be made from May - September Monitoring of the UREMDP will be started from May 2017 until May Details are shown in the table next page. 60

61 Table 28: Implementation Schedule of The Updated Resettlement Ethnic Minority Development Plan Activities Updating UREMDP Establishment of DCARB Establishment of land acquisition marking Training on REMDP to the Lao Cai PIU staff and relevant agencies Conduct DMS Public consultations with AHs Conduct of the RCS Submission of the UREMDP to the ADB ADB's approval of the UREMDP UREMDP Implementation Preparation and approval of compensation, assistance and resettlement plans Payment of compensation and assistance Implementation of the IRP Implementation of the EMDP Land clearance Hand over the cleared land to the contractor Commencement of civil works Monitoring and evaluation of the UREMDP implementation 61

62 XIV. MONITORING AND EVALUATION 137. The implementation of the UREMDP will be monitored regularly to ensure that it is implemented as planned and that mitigating measures designed to address the subproject s adverse impacts are adequate and effective. Towards this end, resettlement monitoring will be done through community monitoring and internal monitoring. External monitoring is not required. A. Community monitoring 138. Community based monitoring (CBM) is a form of community monitoring which is boosted by the demand for information and value of local community. The CBM contributes to increasing quality of social services or contributes to management of all ecological resources. Within the framework of CBM, members of community affected by a social program or environmental changes will have needs, suggestions and criticism and then their feedback will contribute to the implementation of program and management of the subproject. People in the subproject s area are encouraged to participate in monitoring the UREMDP implementation, especially affected people in terms of what they receive as compensation compared what is stated in the UREMDP A Community Supervision Board (CSB) will be established in each subproject commune, including representatives of mass organizations such as Women s Union, Fatherland Front Committee, etc., village leaders and EM households. CSBs are responsible for (i) monitoring the construction activities, (ii) monitoring the implementation of the compensation, assistance and resettlement, the IRP as well as the EMDP; (iii) assisting the AHs in logding complaints (if any); (iv) following up the resolution of complaints or outstanding issues during the subproject implementation. Issues raised by the CSBs should be incorporated into semi-annual internal monitoring reports which will be submitted to the PCU and the ADB by PIU Lao Cai. B. Internal monitoring 140. The objectives of internal monitoring are to assess: The compliance with the approved UREMDP; The availability of resources and the effective use of these resources to implement land acquisition and resettlement activities; If resettlement agencies are well-functioning during the project implementation process; If resettlement activities are undertaken in accordance with the implementation schedule described in the UREMDP; To identify problems, if any, and remedial actions Internal monitoring is the responsibility of the PCU and Lao Cai PIU. The PCU will be responsible for pre-determining the establishment, implementation and activities of each agency in charge of resettlement in province and district. PCU will ensure that information on the resettlement process will be disclosed by the Sa Pa DCARB. The Sa Pa DCARB will submit quarterly progress report to the PCU. The PCU will consolidate all reports from the province into the project implementation monitoring system to be the base for preparing periodical reports to submit to the ADB. All reports should include gender and ethnic minority issues The PCU will establish an internal monitoring schedule, indicators, frequency and requirement for reports of all subprojects that respond to the UREMDP requirements as well as those outlined below. Semi-annual internal monitoring reports are submitted to ADB for review and upload on the ADB website. The internal monitoring indicators include but not limited to the following issues: Compensation, assistance and resettlement amount paid to the AHs in accordance with agreement in the UREMDP; Completion of coordination of land acquisition and compensation, and the time of conducting construction as requirement of resettlement; The consent between sequence and procedure of information dissemination to the communities in comparison with contents in report; and 62

63 The consent between procedure of grievance redress and the content of grievance redress in the report. Affected person and compensation: number of APs by type of impact; status of compensation and allowance payment, relocation and other assistances; Information dissemination and consultation: number and scope of community consultation meetings and/or consultations with APs; summary of the need of APs, aspiration and major concerns of people in the meetings; Number of AHs who are eligible to take part in the IRP, income restoration activities have been implemented and status of their implementation; The agreed EM development measures implemented, number of EM people attending in the awareness rising campaigns, effectiveness of the implemented EM development measures; Complaint and grievance redress: summary of recorded grievances; implementation steps for redressing the grievance; and, any arising issue needs to be managed by authorities at district level and provincial level or assisted by ADB; Financial managements: the amount of fund allocated for compensation and other activities; the amount compensated for each AH; Resettlement progress: completion of activities in accordance with the schedule plan; the delay and reason for the delay; adjustment of resettlement schedule; Coordination of resettlement activities with contract award for civil works: the status of completion of resettlement activities and date of contract award for civil works; Implementation issues: arising issues, reason and solution for the arising issues. 63

64 Annexes 64

65 Annex 1: Due Diligence Report for the Lao Cai Cultural Exchange and Tourist Information Center Introduction Due Diligence Report The Greater Mekong Subregion (GMS) Tourism Infrastructure for Inclusive Growth Project (the project) is a multi-sector, multi-country investment project financed by separate sovereign loans to Cambodia, the Lao Peoples Democratic Republic, and Viet Nam. The project will invest in transport and environmental infrastructure and capacity building in 12 provinces across the three participating countries. The expected outcome of the project in Viet Nam is that increased international tourism receipts benefit men and women living in targeted segments of the GMS corridors. Project outputs are: (i) improved last-mile tourism access infrastructure; (ii) improved environmental services in crossborder tourism centers; (iii) strengthened institutional capacity to promote inclusive tourism growth; and (iv) effective project implementation and knowledge management. In Viet Nam the project includes the provinces of Dien Bien, Ha Tinh, Kien Giang, Lao Cai and Tay Ninh. This Due Diligence Report is for the Lao Cai Cultural Exchange and Tourist Information Centre (TIC). The subproject 4 aim to enhance the cultural exchange and provide tourist information to tourists, visitors and thus improve tourist sector for Lao Cai province in general. The subproject will include space for tour and tourism transport operators, exhibition and cultural performance areas, parking areas, and well-lit, public open spaces with vendor kiosks offering food and beverages, ethnic handicrafts and souvenirs. Approach and methodology in due diligence The proposed Lao Cai TIC subproject will be located at Cam Duong new urban area, Lao Cai city (see figure next page) rather than the land plot at Minh Khai road which was specified at the RP2014. The newly assigned 6,500 m 2 land plot is currently empty and public land which is under the management of the Lao Cai City People s Committee. This land plot is bordered by public road and local government agencies. No households or business are operating near the proposed land plot. Screening of the subproject site was conducted in February 2018 by PCU resettlement and ethnic minority development specialist, PIU safeguard staff, and ADB resettlement specialist. Survey confirms that the Lao Cai TIC is Category C subproject both in involuntary resettlement and indigenous peoples categorization as it will cause no social impacts on involuntary resettlement and indigenous peoples, no land acquisition is required and no third-party user will be affected. 4 Initially the total area designed for the TIC is 3,000 m 2 65

66 Source: RP2014 and Notice on land introduction of Lao Cai Provincial Department of Construction 27 April 2017 Figure 3: Layout of newly selected location for TIC and 2014 proposed location 66

67 Involuntary Resettlement Impact Categorization Checklist Project: Greater Mekong Sub-Region Tourism Infrastructure for Inclusive Growth Project Subproject: Lao Cai Cultural Exchange and Tourist Information Center, Lao Cai Province Province: Lao Cai District: Lao Cai City CATEGORY: C Probable Involuntary Resettlement Effects Involuntary Acquisition of Land Yes No Not Known Remarks 1. Will there be land acquisition? The centre will be developed in public land and no land acquisition is necessary 2. Is the site for land acquisition known? Land allocated for the centre is large enough. No need for acquisition of more land. 3. Is the ownership status and current usage of land to be acquired known? 4. Will easement be utilized within an existing Right of Way (ROW)? 5. Will there be loss of shelter and residential land use to land acquisition? 6. Will there be loss of agricultural and other productive assets due to land acquisition? 7. Will there be loss of crops, trees, and fixed assets due to land acquisition? 8. Will there be loss of business or enterprises due to land acquisition? 9. Will there be loss of income sources and means of livelihoods due to land acquisition? This is not applicable to the subproject since there is land acquisition. The proposal land for the centre already has assess road. Not a house or residential land shall be affected given the wide space of the land for the center. All civil works shall be undertaken in the public land which is empty Some small decoration trees managed by the Lao Cai public work company will be affected. No business found at the subproject site. No land acquisition is necessary. No loss of income is realized due to the development of the center Involuntary Restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, communal facilities and services? All Civil works shall be undertaken in public land in Lao Cai city. No Natural resource, communal facilities and service will be affected 11. If land use is changed, will it have an adverse impact on social and economic activities? 12. Will access to land and resources owned by the communally or by the state be restricted? Information on Displaced Persons The current use of land will be changed however it will provide and enhance positive impact on the social and economic activities to the local residents and tourist persons Restriction to land resources of the community or by the state is unlikely. Any estimate of the likely number of persons that will be displaced by the Project? No Yes Not applicable If yes, approximately how many? Are any of the poor, female-headed households, or vulnerable to poverty risks? No Yes Not applicable Are any displaced persons from indigenous or ethnic minority groups? No Yes Not applicable 67

68 Indigenous Peoples Impact Screening Checklist Project: Greater Mekong Sub-Region Tourism Infrastructure for Inclusive Growth Project Subproject: Lao Cai Cultural Exchange and Tourist Information Center, Lao Cai Province Province: Lao Cai District: Lao Cai City CATEGORY: C KEY CONCERNS (Please provide elaborations on the Remarks column) YES NO NOT KNOWN Remarks A. Indigenous Peoples Identification 1. Are there socio-cultural group present in or use the project areas who may be considered as tribes (hill tribes, schedules tribes, tribal peoples), minorities (ethnic or national minorities) or indigenous communities in the project area? 2. Are there national or local laws or policies as well as anthropological researches/studies that consider these groups present in or using the project area as belonging to ethnic minorities, scheduled tribes, tribal peoples, national minorities, or cultural communities? 3. Do such groups self-identity as taking part of a distinct social and cultural group? 4. Do such groups maintain collective attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories? 5. Do such groups maintain cultural, economic, social, and political institutions distinct from the dominant society and culture? 6. Do such groups speak a distinct language or dialect? 7. Has such groups been historically, socially and economically marginalized, disempowered, excluded, and/or discriminated against? 8. Are such groups represented as Indigenous Peoples or as ethnic minorities or scheduled tribes or tribal populations in any formal decisionmaking bodies at the national or local levels? The land is allocated for the center. Ethnic minorities persons living surrounding the proposal site Ethnic minorities in Vietnam who are recognized by the Government. Their rights are embodied in the 2013 Constitution. They belong to the 54 different ethnic minorities in the country. The land being for the center is exclusively for public service where the ethnic minorities has no collective attachments. Such groups maintain cultural, economic, social, and political institutions distinct from the dominant society and culture. Ethnic minority people speak dialects distinct from the mainstream society. Such groups are socially and economically marginalized due to their geographic location. Such groups are represented as ethnic minorities in formal decision-making bodies at the national or local levels. B. Identification of Potential Impacts 9. Will the project directly or indirectly benefit or target Indigenous Peoples? 10. Will the project directly or indirectly affect Indigenous Peoples traditional socio-cultural and belief practices? (e.g. child-rearing, health, education, arts, and governance? 11. Will the project affect the livelihood systems of Indigenous Peoples? (e.g. food production system, natural resource management, crafts and trade, employment status) 12. Are there socio-cultural group present in or use the project areas who may be considered as The indigenous communities will directly benefit from the subproject in terms of improved socio-economic condition. The subproject shall only deliver good services and enhance EM social-cultural and belief practices of ethnic minorities. The construction of classrooms will be done in school premises. The sub-project area is inside the public land. 68

69 KEY CONCERNS (Please provide elaborations on the Remarks column) YES NO NOT KNOWN Remarks tribes (hill tribes, schedules tribes, tribal peoples), minorities (ethnic or national minorities) or indigenous communities in the project area? C. Identification of Special Requirements Will the project activities include: 13. Commercial development of the cultural resources and knowledge of Indigenous Peoples? 14. Physical displacements from traditional or customary lands? 15. Commercial development of natural resources (such as minerals, hydrocarbons, forest, water, hunting or fishing ground) within customary lands under use that would impact the livelihoods or the cultural ceremonial, spiritual uses that define the identity and community of Indigenous Peoples? 16. Establishing legal recognition of rights to lands and territories that are traditionally owned or customarily used, occupied or claimed by indigenous peoples? 17. Acquisition of lands that are traditionally owned or customarily used, occupied or claimed by indigenous peoples? The commercial development of cultural resources will bring benefit for the local ethnic minority of H mong, Dao, etc., through better tourist services, socio-cultural exchange and tourist promotion. Physical displacement from traditional or customary lands will not happen in the subproject area. The civil works include the development of a tourist exchange center The sub-project will only involve the construction of center at the empty public land. There is no acquisition of lands. D. Anticipated Project Impacts on Indigenous Peoples Project component/ activity/output The construction of center in the area of 6,500 m 2 Anticipated positive effects The provisions of new tourist information center will improve and promote tourist industry for the Lao Cai province and thus help to improve socio-economic condition of the ethnic minority living in the province as well. Anticipated negative effects None 69

70 Annex 2: A Risk Assessment Report on Land Acquisition of The Section K1+200 To K2+350 Under the Construction of Bypass National Road 4D Project A. Introduction Land Acquisition of the section Km1+200 to Km2+350 Construction of bypass National Road 4D Project The Construction of Bypass National 4D Project, section which pass Sa Pa town has length of km. The project will help to meet with demand on transportation, socio-economic development, security, etc. It is located at Sa Pa District of Lao Cai Province. The starting point of the road is at Km at bloc 5 of Sa Pa town and the ending point is at Km at Giang Tra village, Sa Pa commune of Sa Pa town. The road is designed following Viet Nam standard of TCVN The Project is funded by the Lao Cai PPC. Lao Cai PPC is the project owner. As planned the project will be completed in The Ta Phin Ban Khoang Access Road Improvements subproject funded by the ADB with the total length of 14.5 km and the road section from Km1+200 to Km2+350 was initially part of the said subproject as per the design in However, this section was excluded from the ADB funded project and to be part of the Construction of bypass National Road 4D Project. Therefore the section road from Km1+200 to Km2+350 located in Sa Pa Town is considered the linked project and ADB SPS 2009 shall be applied and thus assessment on the resettlement activities carried out by the linked project should be undertaken. This Due Diligence Report will assess the resettlement implementation undertaken by the Sa Pa District People s Committee and Sa Pa Land Fund Development Centre (Sa Pa LFDC). B. Scope of Land acquisition and Resettlement Impacts The construction of the project will cause involuntary resettlement to more than 300 households. However, total number households affected within the section K1+200 to K2+350 (linked project) is five (05) households with 27 persons in Sa Pa town. All of these five (05) AHs belong to H mong EM group and two of them are poor households, therefore these five (05) are categorized as vulnerable AHs. A total area of 10,029.1 m 2 of various lands owned by these 05 AHs were acquired for the project. The affected area include 1,463 m 2 of residential land, 4,661.4 m 2 of paddy land, 2,067.2 m 2 of land for other annual crops and 1,837.5 m 2 of land for perennial trees. Four (20 persons) out of these five AHs had to relocate their houses to new places. C. Assessment on The Implementation of Compensation, Assistance and Resettlement The resettlement specialist with support from the Lao Cai PIU worked with Sa Pa LFDC to verify the implementation of the resettlement activities of the linked project. The activities include: (i) collection of documents (DMS result; approval decisions on detailed compensation, assistance and resettlement plans, payment vouchers); (ii) consultation and interview with the AHs; and (iii) visiting the project site. The following law and regulations of Viet Nam were applied in the implementation of resettlement activities of the Project. Constitution of the Socialist Republic of Viet Nam, 2013; Land Law No. 45/2013/QH13 on comprehensive land administration regulations. Decree No. 01/2017/ND-CP of 6 January 2017 by the Government amends and supplements Decree 43/2014/ND-CP, dated 15 May 2014 detailing a number of articles of the Land Law; Decree 44/2014/ND-CP, dated 15 May2014 on land prices; and Decree No. 47/2014/ND-CP, dated 15 May 2014 on compensation, assistance and resettlement upon land recovery. The Decree took effect as from 3 March Decree No. 104/2014/ND-CP of 14 November 2014 by the Government of Viet Nam regulating land price frame. Decree No. 43/2014/ND-CP dated May 15, 2014 by the Government of Viet Nam on detailed 70

71 regulations on implementation of the Land Law No. 45/2013/QH13; Decree No. 47/2014/ND-CP dated 15 May 2014 by the GOV on compensation, assistance, and resettlement upon land recovery by the State; Decree No. 44/2014/ND-CP of 15 May 2014 by the GOV on valuation of land prices; Circular No. 37/2014/BTNMT on detailed guidance on compensation and assistance when the State acquires land; and Circular No. 36/2014/TT-BTNMT by the MONRE specifying detailed methods of valuation of land prices, construction, adjustment of land prices; specific land prices valuation and land prices valuation consulting service. Decision No/63/2015/QD-TTg dated 10 December 2015 by Prime Minister regulating policy on assistance in vocational training and job search for workers whose land is withdrawn by the state. Decision No.1956/2009/QD-TTg of the Governmental Prime Minister dated November 17, 2009 on vocational training for rural. The following regulations of the Lao Cai PPC were applied in the compensation, assistance and resettlement to the 05 AHs of the linked project: Decision 13/2014/QD- UBND dated 9 April 2015 by Lao Cai PPC on compensation, assistance and resettlement when the State acquires land for the purposes of national defense, national interests, interest security, public interest, and economic development in Lao Cai province Decision No. 91/2014/QD-UBND dated 27 December 2014 by Lao Cai PPC on the 5-year ( ) price list for land types in Lao Cai province; Decision 17/2015/QD-UBND dated 22 April 2015 by Lao Cai PPC on compensation price list for housing, land based structures when acquired in Lao Cai province; Decision 19/2015/QD-UBND dated 25 April 2015 by Lao Cai PPC on compensation price list for tree, breeding and aquacultures when acquired in Lao Cai province. DMS was carried out during early 2017 by Sa Pa LFDC with participatation of the AHs and representatives of Sa Pa Town People s Committee. Result of DMS was then provided to the AHs for checking and giving feedbacks (if any). Based on the result of DMS, compensation and resettlment assisstance plans were prepared and consulted with Ta Phin CPC, AHs for final checking and finalizing. The plan includes resettlement costs for land compensation, houses and constructions on land, trees and crops and assisstance and awards. The plans were then submitted to Sa Pa DPC for approval. Based on the approval plans Sa Pa LFDC made the payment of compensation to AHs. The payment of compensation and assistance to the AHs was completed in All the AHs have received compensation and assisstance and handed over land to the Sa Pa LFDC. All 05 AHs received compensation and assistance and relocated to new areas which are about 500 m away from their initial locations. Unit rates applied for compensation for the affected land and other assets following the Lao Cai price list which is considered appropriate and closed to the market price. In addition to compensation for the affected land, crops and trees, houses and structures, the AHs were provided with assistances including (i) assistance for life stabilization that equals VND 600,000/person/month for six (06) months for all family members; (ii) materials transportation assistance which is VND 5,000,000/household for AHs with less than 05 family members per household; For AHs with five (05) and more 05 family members: VND 1,000,000/person for each extra person; (iii) Assistance for moving water pipeline (VND 2,000,000/household; (iv) Assistance for relocating telecommunication cable (VND 300,000/household); and (v) Assistance for power transmission line (VND 2,000,000/household). However, compared to the entitlements matrix in this UREMDP, the AHs have not been provided with assistance for vulnerable households which is VND 600,000/person/month for all family members for three (03) months. 71

72 There are no complaints about the compensation, assistance and resettlement of the project. At the moment, the land is available for the development of the linked project. The contractor is now carrying out the construction as planed within the site of the cleared land of which all procedures of compensation, assistance and resettlement are already acomplished. Therefore, no problems are expected to be encountered here. D. Conclusions and Recommendations The risk assessment report confirmed that compensation, assistance and resettlement undertaken within the linked project almost comply with the ADB SPS 2009 and with the policy given in this UREMDP. The linked project caused no adverse impacts on the community and the project will largely benefit the local residents. There are no outstanding claims, disputes or resettlement issues be dealt with. The Sa Pa LFDC should support AHs to work with the Land Registration Office to revise LURC for these 05 AHs as soon as possible and the PIU Lao Cai should work with the Sa Pa LFDC to provide additional assistance for vulnerable households to these five (05) AHs. 72

73 Annex 3: Scope of Impacts on Lands by Household Caused by Ta Phin Ban Khoang Access Road Improvements Subproject No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area 1 Ban Khoang Ly Quay Va , , , Forest land Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 2 Ban Khoang Ly Quay Minh Ban Khoang Ly Quay Ta , , , Ban Khoang Ly Quay Phin , , , X 5 Ban Khoang Tan Van Tong X 6 Ban Khoang Tan Van Pu Ban Khoang Tan Van Sieu Ban Khoang Tan Van Hin Ban Khoang Ly Quay Chan Ban Khoang Tan Van Dao Ban Khoang Ly Phu Chan Ban Khoang Ly Quay Vang 6 1, , , Ban Khoang Tan Van Chuan (Tan Van Quan) 5 1, , , Ban Khoang Tan Sanh Liem Ban Khoang Ly Quay Chieu Ban Khoang Tan Sanh Vang Ban Khoang Tan Sanh Thong Ban Khoang Ly Quay Hang Ban Khoang Ly Quay Phu 4 6, , , Ban Khoang Ly Quay Nhan Ban Khoang Tan Sanh Tinh 5 4, , ,

74 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area 22 Ban Khoang Ly Quay Tinh Forest land Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 23 Ban Khoang Ly Dao Phu 6 9, , , Ban Khoang Ly Quay Thong 5 3, , , Ban Khoang Ly Quay Chuan (Ly Lao Su) Ban Khoang Chao Dao Chau Ban Khoang Ly Quay Pu (B) Ban Khoang Chao Dao Sieu 6 1, , Ban Khoang Chao Dao Nhan Ban Khoang Chao Duan Quang 7 1, , Ban Khoang Chao Duan Ta 12 1, , Ban Khoang Chao Duan Seng Ban Khoang Chao Duan Vay Ban Khoang Chao Duan Phau Ban Khoang Chao Duan Vang Ban Khoang Chao Dao Hin Ban Khoang Chao Phu Din Ban Khoang Nguyen Van Luy Ban Khoang Chao Duan Van Ban Khoang Chao Duan Luong Ban Khoang Ly Ta May Ban Khoang Chao Duan Va Ban Khoang Chao Dao Choi

75 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Forest land Total area 44 Ban Khoang Chao Dao On Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 45 Ban Khoang Chao Dao Chan Ban Khoang Chao Lao Khe Ban Khoang Giang A Khoa 4 1, , , Ban Khoang Chang A Vang Ban Khoang Chang A Cua 4 4, , , Ban Khoang Chang A Cang 5 3, , , Ban Khoang Vang A Chu Ban Khoang Vang A Se Ban Khoang Giang A Vang 8 2, , , Ban Khoang Vang A Sia Ban Khoang Giang A Nha 7 2, , , Ban Khoang Phan Lao San Ban Khoang Chang A Giang 4 4, , , Ban Khoang Giang A Chang 5 2, , , Ban Khoang Giang A Phong Ban Khoang Vang A Kia 6 2, , , Ban Khoang Chang A Sa Ban Khoang Chang A Lu 4 1, , , Ban Khoang Phan Quay Tich Ban Khoang Giang A Tung 6 4, , , Ban Khoang Giang A Tinh 5 1, , ,

76 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Forest land Total area 66 Ban Khoang Giang A Nha 4 2, , , Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 67 Ban Khoang Vang A Sinh (Me) Ban Khoang Giang A Chung Ban Khoang Vang A Su 5 1, , , Ban Khoang Vang A U Ban Khoang Vang A Thong Ban Khoang Chang A Su Ban Khoang Giang A Giao Ban Khoang Giang A Vang Ban Khoang Chang A Phu Ban Khoang Chang A Tang Ban Khoang Chang A De Ban Khoang Chang A Khoa Ban Khoang Chang A Giong Ban Khoang Chang A Dia 5 1, , , Ban Khoang Giang A Chung 5 1, , , Ban Khoang Giang A Lu Ban Khoang Giang A Tong Ban Khoang Giang A Giang Ban Khoang Thao A Dua Ban Khoang Thao A Cau 4 3, , , Ban Khoang Vang A Mang

77 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area 88 Ban Khoang Vang A Sinh (Pang) Forest land Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 89 Ban Khoang Vang A Sang Ban Khoang Giang A Phong Ban Khoang Thao A Cau (Khu) 6 3, , , Ban Khoang Giang A Kia Ban Khoang Giang A Chung 4 1, , , Ban Khoang Ly Phu Thong (Ly Lao Lo) X 95 Ban Khoang Tan Van Ta Ban Khoang Chao Duan Lieu 6 1, , , Ban Khoang Tan Van Tin Ban Khoang Ly Quay Dao 4 2, , , Ban Khoang Tan Sanh Hang Ban Khoang Truong Thuy Hien Ban Khoang Chao Dao Phu 5 1, , , Ban Khoang Ly Dao Vang Ban Khoang Ly Dao Vay Ban Khoang Ly Quay Thong (May) 5 6, , , Ban Khoang Vang A Lu Ban Khoang Ly Quay Pu (A) 4 1, , , Ban Khoang Chao Duan Chieu 6 2, , , Ban Khoang Ly Lao Ta Ban Khoang Ly Dao Minh

78 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area Percentage of agricultural land loss (%) 110 Ban Khoang Ly Quay On , , , X 111 Ban Khoang Chao Duan Sinh Ban Khoang Unknown owner Ban Khoang Giang A Vang Ban Khoang Giang A Vang Ban Khoang Vang A Giang Ban Khoang Giang Thi Bau Ban Khoang Giang A Chia Ban Khoang Chang A Phu Ban Khoang Chang A Dua Ban Khoang Chang A Dia 7 1, , , Ban Khoang Chang A Chu 7 1, , , Ban Khoang Vang A Sung Ban Khoang Vang A Sang 6 1, , , Ban Khoang Vang A Pha 4 1, , , Ban Khoang Tan Van Sinh Ban Khoang Vang A Cang 3 1, , , Ban Khoang Ly Phu On Ban Khoang Ly Quay Vang 6 1, , , Ban Khoang Giang A Cau Ban Khoang Giang A Chu (A) Ban Khoang Giang A Chu (B) Forest land Households who have to move back their houses to their remaining land 78

79 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area 132 Ban Khoang Giang A Du Forest land Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 133 Ban Khoang Giang A Su Ban Khoang Chang A Long Ban Khoang Chang A Tang 3 1, , , Ban Khoang Chang A Tong Ban Khoang Chao Duan Lung Sa Pa Hang A Vang Sa Pa Ma A Thao Sa Pa Hau A Vang 8 1, , , Sa Pa Giang A Pho Sa Pa Tran Xuan Long Sa Pa Giang A Phung Sa Pa Nguyen Xuan Quynh Sa Pa Bui Ngoc Quang Sa Pa Hang A Chu Sa Pa Nguyen Trung Thanh Sa Pa Hang A Thong Sa Pa Giang A Dinh Sa Pa Dang Van Lo Sa Pa Cu Thi Di Sa Pa Han Van Tuyen Sa Pa Giang A Sinh

80 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Forest land Total area 154 Sa Pa Hang A Seng Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 155 Sa Pa Dao Trong Huan Sa Pa Hang A Giang Sa Pa Giang A Co Sa Pa Tran Xuan Son Sa Pa Giang A Tru Sa Pa Giang A Sang Sa Pa Nguyen Anh Phu Sa Pa Lo A Trung Sa Pa Ma A Pha Sa Pa Ma A Sinh Sa Pa Sung A Chia Sa Pa Vang A Sia Sa Pa Tran Dinh Quy Sa Pa Ly Lao Su Sa Pa Hang Thi Bau (Cho) Sa Pa Ma A Venh X 171 Sa Pa Ma A Mao (B) Sa Pa Tran Dinh Bau Sa Pa Tran Thi Kim Lien Sa Pa Le Tien Trong Sa Pa Ma A Tinh

81 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area Percentage of agricultural land loss (%) 176 Sa Pa Dang Thi Thon X 177 Sa Pa Tran Thi Phuong Sa Pa Dang Thi Duyen Sa Pa Tran Van Tuan Sa Pa Giang A Nang Sa Pa Cao Thi Huong Sa Pa Ly Lao Ta Sa Pa Le Thi Hanh Sa Pa Ma A Lu Sa Pa Nguyen Van Viet Sa Pa Dang Hong Phong Sa Pa Tran Ngoc Hoi , X 188 Sa Pa Bui Trong Trung , , Sa Pa Hang A Lu Sa Pa Tan Thi Su Sa Pa Nguyen Van Thuc Sa Pa Unknown owner Sa Pa Unknown owner Sa Pa Unknown owner Sa Pa Unknown owner Sa Pa Hang Thi Khu Sa Pa Unknown owner Forest land Households who have to move back their houses to their remaining land 81

82 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land 198 Sa Pa Unknown owner Sa Pa Unknown owner Forest land Total area Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 200 Sa Pa Ma A Phong Sa Pa Nguyen Thi Hien Sa Pa Unknown owner Sa Pa Unknown owner Sa Pa Unknown owner Ta Phin Vang A Xia Ta Phin Chang A Long Ta Phin Luong Thai Nam Ta Phin Vang A Chao 4 1, , , Ta Phin Giang A Vang Ta Phin Vang A Sinh Ta Phin Vang A Lia 4 1, , , Ta Phin Giang A Thong Ta Phin Do Van Hoang Ta Phin Phan Dao Menh 7 2, , , Ta Phin Vuong Xuan Trung Ta Phin Phan Quay Dien 3 2, , , Ta Phin Nguyen Thi Huyen Ta Phin Vu Thi Lanh Ta Phin Phan Dao Sinh 9 1, , ,

83 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area 220 Ta Phin Phan Quay Lua Forest land Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 221 Ta Phin Phan Dao Vang Ta Phin Ha Van Tuyen Ta Phin Le Manh Cuong Ta Phin Trinh Xuan Viet Ta Phin Bui Van Chinh Ta Phin Vu Duc Quan , , , Ta Phin Nguyen Manh Thang Ta Phin Ly Quang Si Ta Phin Tan Lao Lo (Tan Tran Quan) Ta Phin Pham Quang Tien Ta Phin Ly Quay Choi Ta Phin Ly Phuc Quay Ta Phin Ly Quang Sinh Ta Phin Pham Van Uyn Ta Phin Chao Quay Ta Ta Phin Ly Quay Nhan Ta Phin Le Van Cuong Ta Phin Le Van Dao Ta Phin Ly Quay Trinh Ta Phin Ly Phu On Ta Phin Ly Sai Seng

84 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Forest land Total area 242 Ta Phin Phan Quay Choi 4 4, , , , Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 243 Ta Phin Ly Phu Van Ta Phin Phan Lao Lo 8 1, , , Ta Phin Phan Dao Phau Ta Phin Ly Phu Luong Ta Phin Chao Van Vang Ta Phin Chao Y Phu Ta Phin Ly Quay Dien Ta Phin Chao Van Chan Ta Phin Phan Dao Va Ta Phin Phan Dao Phin Ta Phin Trinh Xuan Dich Ta Phin Giang A Sung Ta Phin Giang A Sua Ta Phin Giang A No Ta Phin Phan Lao San 2 2, , , Ta Phin Ly Phu Pao (May) Ta Phin Phan Dao Quan Ta Phin Ly Quay Ta Ta Phin Giang A Tu Ta Phin Giang Thi Vang Ta Phin Vang A Tinh

85 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area 264 Ta Phin Vang A Phong Forest land Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 265 Ta Phin Vang A Tung Ta Phin Giang A Cau Ta Phin Giang A Vang (A) Ta Phin Giang A Seng Ta Phin Giang A Chao Ta Phin Giang A Su Ta Phin Phan Quay Ta Ta Phin Giang A Chung Ta Phin Vang A Sa Ta Phin Vang A Say Ta Phin Giang A To Ta Phin Vang A Dia Ta Phin Giang A Giang Ta Phin Vang A Toa Ta Phin Phan Quay Choi (Liu) Ta Phin Giang A Tinh Ta Phin Vang A Pha Ta Phin Giang A Vang (Tung) Ta Phin Giang A Pao Ta Phin Vang A Khai Ta Phin Giang A Tung

86 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Forest land Total area 286 Ta Phin Giang A Chia 6 1, , , Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 287 Ta Phin Vang A Lenh Ta Phin Vang A Se Ta Phin Phan Dao Chiu Ta Phin Giang A Vang 3 1, , , Ta Phin Vang A Chu Ta Phin Vang A Dia 9 2, , , Ta Phin Giang A No Ta Phin Vang A Pao (A) Ta Phin Vang A Tinh Ta Phin Giang Thi Dua Ta Phin Vang A Pao Ta Phin Giang A Khoa Ta Phin Vang A Kia Ta Phin Vang A Sa 6 2, , , Ta Phin Vang A Toa Ta Phin Vang A Khai 7 1, , , Ta Phin Vang A Sinh (B) 4 1, , , Ta Phin Giang A Tenh Ta Phin Vang A Sia Ta Phin Giang A Cang Ta Phin Vang A Kho

87 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area 308 Ta Phin Vang A Sinh (A) 6 2, , , Forest land Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 309 Ta Phin Phan Quay Hang Ta Phin Giang A Phua Ta Phin Giang A Mao Ta Phin Vang A Sung Ta Phin Phan Dao Vang (May) 8 3, , , , Ta Phin Vang A Thong Ta Phin Giang A Chu (A) Ta Phin Giang A Chu (B) Ta Phin Vang A So Ta Phin Giang A Sinh Ta Phin Vang A Sang Ta Phin Giang A Tung Ta Phin Vang A Giang Ta Phin Phan Quay Chan Ta Phin Thao A Phinh , X 324 Ta Phin Vang A Venh Ta Phin Nguyen Thi Le Hang Ta Phin Chang A Cua X 327 Ta Phin Vang A Tra X 328 Ta Phin Phan Dao Phau , , , X 329 Ta Phin Phan Quay Tinh , , ,

88 No. Commune Name 330 Ta Phin Vang A Thong (Vang) No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Forest land Total area Percentage of agricultural land loss (%) Ta Phin Giang A Cua 6 - Households who have to move back their houses to their remaining land 332 Ta Phin Giang A Cua (Si) Ta Phin Vang A Pho Ta Phin Ly Lao Lo Ta Phin Chang A Xa Ta Phin Phan Dao Vay Ta Phin Chang A Cang 9 1, , , Ta Phin Vang A Mang Ta Phin Vang A Cau 9 1, , , Ta Phin Vang A Tung Ta Phin Ha Tien Dung Ta Phin Nguyen Van Dung Ta Phin Tran Thi Loan Ta Phin Nguyen Thi Loan Ta Phin Tran Chi Thanh Ta Phin Vu Ngoc Thanh , , , Ta Phin Tan Van Phin 11 1, , , Ta Phin Chao Van Phu Ta Phin Ly Sai Kinh X 350 Ta Phin Ly Lao U (Phau) Ta Phin Ly Lao Su

89 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land 352 Ta Phin Luong Minh Tuan Ta Phin Chao May Senh Ta Phin Ly Phu Pao Forest land Total area Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 355 Ta Phin Ly Phu Kinh X 356 Ta Phin Ly Phu Liem Ta Phin Le Dien Vang Ta Phin Tran Thi Tuyet Mai Ta Phin Nguyen Cong Toan Ta Phin Nguyen Ngoc Minh Ta Phin Chao Ta May Ta Phin Phan Dao Trinh Ta Phin Chao Quay Choi Ta Phin Ly Lao Lai Ta Phin Le Bang Luong Ta Phin Ly Quay Hang X 367 Ta Phin Ly Ta May (Thong) , , , X 368 Ta Phin Ly Quay Choi (Mo) Ta Phin Ly May Chan Ta Phin Chao Quay Sieu X 371 Ta Phin Chao Sanh Tinh Ta Phin Chao Lao Lai Ta Phin Phan Quay Vay , , , , X 89

90 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area 374 Ta Phin Ly Phu Seng Forest land Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 375 Ta Phin Lai Thi Nga Ta Phin Chao Van Vay Ta Phin Ly Lao Ta Ta Phin Nguyen Ngoc Son Ta Phin Le Lenh Thuong Ta Phin Phan Dao Menh Ta Phin Nguyen Thi Thieu Ta Phin Phan Lao Lo (Phan Quay Phau) Ta Phin Nguyen Van Hai Ta Phin Chao Quay Tinh Ta Phin Trinh Thi Tu 6 2, , , Ta Phin Truong Van Binh Ta Phin Ly Phu Quan Ta Phin Chao Quay Phau Ta Phin Chao Van Dao X 390 Ta Phin Nguyen Anh Tuan , , , X 391 Ta Phin Le Van Bac Ta Phin Tran Phong Ba Ta Phin Mai Tien Thuan Ta Phin Unknown owner Ta Phin Unknown owner

91 No. Commune Name No. of APs (person) Residenti al land Total Paddy land Permanently Affected Land (m 2 ) Land for other annual trees Agricultural land Land for perennial trees Aquaculture land Total area 396 Ta Phin Unknown owner 5 1, , , Sa Pa Agricultural Seeds Company Forest land Percentage of agricultural land loss (%) Households who have to move back their houses to their remaining land 91

92 Temporary Impacts on Lands No Commune Name No. of APs (person) Paddy land Land for other annual trees Temporarily Affected Land (m 2 ) Land for perennial trees Aquaculture land Forest land 1 Ban Khoang Ly Quay Phin 9 1, , Ban Khoang Ly Quay Thong Ban Khoang Chao Dao Nhan Ban Khoang Chao Duan Phau 5 1, , Ban Khoang Giang A Khoa Ban Khoang Chang A Cua , , Ban Khoang Chang A Cang , , Ban Khoang Vang A Chu 6-2, , Ban Khoang Vang A Se Ban Khoang Giang A Vang Ban Khoang Vang A Sia Ban Khoang Chang A Giang 4 1, , Ban Khoang Giang A Chang 5 2, , Ban Khoang Giang A Phong Ban Khoang Vang A Kia 6 2, , Ban Khoang Chang A Sa Ban Khoang Chang A Lu Ban Khoang Phan Quay Tich Ban Khoang Giang A Tung 6 3, , Ban Khoang Giang A Tinh 5 1, , Ban Khoang Chao Dao Phu 5 4, , Ban Khoang Ly Dao Vang Ta Phin Giang A Chia Total 92

93 No Commune Name No. of APs (person) Paddy land Land for other annual trees Temporarily Affected Land (m 2 ) Land for perennial trees Aquaculture land Forest land 24 Ta Phin Giang A Vang 3 1, , Ta Phin Vang A Chu Ta Phin Vang A Dia 9 1, , Ta Phin Giang A No Ta Phin Vang A Pao (A) Ta Phin Vang A Tinh Ta Phin Giang Thi Dua Ta Phin Vang A Pao Ta Phin Giang A Khoa Ta Phin Vang A Kia Ta Phin Vang A Sa 6 2, , Ta Phin Vang A Toa Ta Phin Vang A Khai 7 1, , Ta Phin Vang A Sinh (B) 4 1, , Ta Phin Giang A Tenh Ta Phin Vang A Sia Ta Phin Giang A Cang Ta Phin Vang A Kho Ta Phin Vang A Sinh (A) 6 2, , Ta Phin Vang A Tra Ta Phin Giang A Cua Ta Phin Ly Ta May (Thong) Ta Phin Phan Dao Menh Ta Phin Nguyen Anh Tuan Total 93

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95 Annex 4: Minutes Of Public Consultation Meetings Meeting at Ban Khoang Commune People Committee (9 May 2017) THE SOCIALIST REPUBLIC OF VIETNAM INDEPENDENT FREEDOM - HAPPINESS MINUTES OF CONSULTATION MEETING WITH COMMUNITIES POPULATION DIRECTLY AFFECTED BY THE PROJECT Loan 3165-VIE: Sub-project: Greater Mekong Sub Region Tourism Infrastructure for Inclusive Growth Project in Lao Cai Province Sa Pa Ta Phin Ban Khoang Access Road Improvements Construction location: Sa Pa, Ta Phin and Ban Khoang Communes Sa Pa District Meeting time: at 9 am on 9/5/2017 Meeting venue: 1. Participants: Representatives of investor: Ban Khoang CPC Mr. (Mrs.) Hoang Thu Huyen Mr. (Mrs.) Tong Van Son Mr. (Mrs.) Pham Thi Hoa Mr. (Mrs.) Hoang Duc Viet Mr. (Mrs.) Hoang Thanh Hong Function: Director Function: Deputy Director Function: staff Function: staff Function: staff Delegate participants: Representatives of Commune Fatherland Front, political-society organizations, professional society organizations, resident groups, villages Mr. (Mrs.) Nguyen Viet Anh Mr. (Mrs.) Ly Quay Dao Mr. (Mrs.) Pham Dinh Thuy Mr. (Mrs.) Ly Dao Minh Mr. (Mrs.) Chao Kiem Minh Function: Secretary of Communes Party Committee Function: Vice Chairman of CPC Function: Commune Cadastral officer Function: Head of Phin Ho village Function: Head of Can Ho A village (List with full name, function, signature of participants) 2. Meeting contents 2.1 Chair of meeting introduce reason of meeting and participants Participants are leaders and population of the subproject s area Reason of the meeting: - Inform about the sub-project: Sa Pa Ta Phin Ban Khoang Access Road Improvements, get people s & local authorities consensus for this sub-project - Main contents: + Inform about subproject s categories + Put in discussion environmental and social impacts caused by the subproject. + People and local authorities in the impacted areas and benefited areas to discuss and agree to implement the subproject + Discuss and response to the questions of local people relating to local environmental 95

96 and social issues impacted by the subproject s activities. b. Opinions of localities: + The people householders agreed to implement the subproject as the subproject brings benefits for the local social economic development and transport network. + The local authority will support and help the implementing units in providing information, survey on population social economic development, environment, support in site clearance and land compensation during the construction phase. + Together with the project management board, project management and using unit to manage well the subproject categories in the operation phase. 2.2 Project Owner presents briefly the Project s Environmental Impact Assessment (EIA) Report, including the subproject s content, the subproject s positive and negative impacts on the community s environment and health as well as mitigation measures. - Summary of Subproject: Sub-project preparation phase: Some lands on two sides of the routes will be acquisition for making road, car parking, auxiliary works (toilets, waste water drainage systems ) - Construction phases: Road improvement and construction of some auxiliary works: workers and construction machineries will be mobilized in the construction site and will cause smoke dust, noise, air pollution, etc. Which affect population s living and trading activities (small shop on roadside). Besides, during the road-construction stages will affect transportation on the route, the circulation of population will be affected. Workers from other places work on the construction sites and stay at the construction site (living, eating and sleeping at the camps) may affect the life. Material for road making will be transported to the construction site, etc. will impact on the local people. - Acquisition of land and trees for road construction. Landslide and soil erosion may happen along the road as the road through the slope of Ta Phin and Ban Khoang. - Operation phase (after construction): Once the road improvement completed, the vehicles can run faster and numbers of vehicles will be bigger, thus might increase accidents from transportation; Increased tourist number on the route is accompanied by increased volume of waste, waste water as visitors utilized public facilities (toilets, car parking ) 2.3 Discussions, exchanges between population community directly impacted by the subproject, the CPC on the issues presented by the subproject s owner at the meeting. (i) Opinion of Mr. Ly Quay Dao Vice chairman of CPC: - Assent with the subproject implementation - Project Management Unit cooperate with the DPC and CPC for site clearance. - There is dispute land area between two (02) communes (Ta Phin and Ban Khoang). Request the Sa Pa DCARB to define clearly. - The road under direct impact. Please scrutiny. - Prior landmark measurement: request to invite local authority, head of the village to participate. - Sightseeing stopover point should be examined and obtain authority s opinion. (ii) Opinion of Mr. Nguyen Viet Anh Secretary of the Commune Party Committee - Assent with the subproject implementation 96

97 - There are approx. 3 km is the disputed land from 1982 year between Ta Phin and Phin Ho village of Ban Khoang. - Recommendations: Slope route should be surveyed carefully by the investor to avoid landslide causing bad effects to the local population. Creation of jobs for AHs in Phin Ho village of Ban Khoang commune: Create condition opportunity for access to sustainable social economic development, tourism in piority. Hope that all people in Phin Ho village agree with the Project Management Unit to implement the subproject. The village and commune authorities staff to motivate people in the implementation (iii) Opinion of Mr. Ly Dao Minh - Head of Phin Ho village - The opening of the road route will bring great benefit for people. However, some people will be directly affected relating to site clearance. Requesting when making site clearance to define clearly the acquisition area for funding support for site clearance. Additional Opinions - Opinion of Mr. Nguyen Viet Anh: In Phin Ho village, there are design ditches along the route so people get water for production, recommend the commune not to make extension and more construction. (iv) Opinion of Mr. Tan Su May - Chairwoman of the Commune Women Union - During the construction process, community-based tourism classes and training on brocade embroidery for womwn should provided to AHs in Ban Khoang Commune Attention: to note in details and in full the discussed content, exchanges, feedback, suggestion of the representatives of the people community, feedback of the investor. 3. The meeting ended at 11h30 on the same day, the minutes went through signed by representatives of relating parties and established in... copies./. Representing the Commune PC (sign, full name) (singed and sealed) Representing the Investor (sign, full name) (signed and sealed) Vice chairman Ly Quay Dao Project Director Hoang Thu Huyen 97

98 LIST OF PARTICIPANTS IN THE CONSULTATION Content: Consultation meetings with population community directly impacted by the project and presentation of the design Sa Pa - Ta Phin - Ban Khoang road route improving Time:... Venue:...Ban Khoang Commune Full name Working unit Signature Note Nguyen Viet Anh Secretary of Commune Party Committee signed Chao Dao Tin Judicial signed Phan Dinh Thuy Cadastral signed Chao Duan Thom Head of commune militia commander- XĐT signed Ly Quay Chieu Branch head signed Chao Dan Vay Affected Household signed Tan Su May Chairwoman of Women Union of Ban Khoang signed Commune Ly Lao Yet Branch of Veteran signed Chao Su May Office of Commune PC signed Chao Kiem Minh Affected Household signed Lo A Muon Affected Household signed Chao Lao Pa Affected Household signed Chao Duan Quang Affected Household signed Chao Dao Nhan Affected Household signed Chao Duan Tu Affected Household signed Tan Van Luong Affected Household signed Ly Dao Minh Head of village signed Chao Duan Luu Police staff - CAV signed Chao Duan Sien Chairman of Farmer Association - HND signed Ly Quang Dao Deputy Chairman of PC signed Dao thi Thuy Cultural staff signed Chao Luc May Office signed Phan San May Chairman of Red Cross Association - CTĐ signed Chao Lo May Sectary of Youth Organization signed Chao Ta May Judiciary signed Vang Lu May Office signed Ly Thi La Sectary of Village Party Unite signed Chao Lo May Affected Household signed Chao Khe May Vice Chairwoman of Women union signed Verification of Ban Khoang CPC (Signed and sealed) Vice Chairman Ly Quay Dao Prepared by (signed) Pham Thi Hoa 98

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104 Minute of meeting at Sa Pa Commune People Committee THE SOCIALIST REPUBLIC OF VIETNAM INDEPENDENT FREEDOM - HAPPINESS MINUTES OF CONSULTATION MEETING WITH COMMUNITIES POPULATION DIRECTLY AFFECTED BY THE PROJECT Loan 3165-VIE: Sub-project: Greater Mekong Sub-region Tourism Infrastructure for Inclusive Growth Project in Lao Cai Province Sa Pa Ta Phin Ban Khoang Access Road Improvements Construction location: Sa Pa, Ta Phin and Ban Khoang Communes Sa Pa District Meeting time: at 15h00 on 9/5/2017 Meeting venue: 1. Participants: Representatives of investor: Mr. (Mrs.) Hoang Thu Huyen Mr. (Mrs.) Tong Van Son Mr. (Mrs.) Pham Thi Hoa People Committee of Sa Pa Commune, Sa Pa District Mr. (Mrs.) Hoang Thanh Hung Mr. (Mrs.) Hoang Duc Viet Function: staff Function: Director Function: Deputy Director Function: staff Function: staff Delegate participants: Representatives of Commune Fatherland Front, political-society organizations, professional society organizations, resident groups, villages Mr. (Mrs.) Giang A Chu Mr. (Mrs.) Giang A Sang Mr. (Mrs.) Giang A Thu (List with full name, function, signature of participants) 2. Meeting content Function: Secretary of Communes Party Committee Function: Chairman of Commune People Committee Function: Vice Chairman of Commune People Committee 2.1. Chair of meeting introduce reason of meeting and participants Participants are leaders and population of the project s area Reason of meeting: - Inform about the sub-project: Improvement of Sa Pa Ta Phin Ban Khoang Access Road Improvements, get people s and local authorities consensus for this sub-project - Main content: Inform about subproject s categories Put in discussion environmental and social impacts caused by the subproject. People and local authorities in the impacted areas and benefited areas to discuss and agree to implement the subproject Discuss and response to the questions of local people relating to local environmental and social issues impacted by the subproject s activities. - Opinions of localities: The people householders agreed to implement the subproject as the subproject brings benefits for the local social economic development and transportation network. 104

105 The local authority will support and help the implementing units in providing information, survey on population social economic development, environment, support in site clearance and land compensation during the construction phase Together with the project management uni, to manage well the subproject categories in the operation phase Project Owner presents briefly the Project s Environmental Impact Assessment (EIA) Report, including the project s content, the project s positive and negative impact on the community s environment and health, mitigation measures - Summary of Subproject: Sub-project preparation phase: Some lands on two sides of the routes will be acquisition for making road, car parking, auxiliary works (toilets, waste water drainage systems ) - Construction phases: Road improvement and construction of some auxiliary works: workers and construction machineries will be mobilized in the construction site and will cause smoke dust, noise, air pollution, etc. Which affect population s living and trading activities (small shop on roadside). Besides, during the road-construction stages will affect transportation on the route, the circulation of population will be affected. Workers from other places work on the construction sites and stay at the construction site (living, eating and sleeping at the camps) may affect the life. Material for road making will be transported to the construction site, etc. will impact on the local people. - Acquisition of land and trees for road construction. Landslide and soil erosion may happen along the road as the road through the slope of Ta Phin and Ban Khoang. - Operation phase (after construction): Once the road improvement completed, the vehicles can run faster and numbers of vehicles will be bigger, thus might increase accidents from transportation; Increased tourist number on the route is accompanied by increased volume of waste, waste water as visitors utilized public facilities (toilets, car parking ) 2.3. Discussions, exchanges between population community directly impacted by the subproject, the CPC on the issues presented by the subproject s owner at the meeting. (i) Opinion of Mr. Giang A Chu - Secretary of Commune Party Committee - Through the meeting announcing Sa Pa - Ta Phin - Ban Khoang Route, the Commune Party Committee has grasped through the meeting - Suggest that the villages heads, secretary of party unit of villages to deploy the content to village s people. - The CPC and PMU should consider and select suitable the stopover point location. - The PMU should provide consultants to disclose the subproject information to the local people avoiding forced site clearance by the CPC. (ii) Opinion of Mr. Giang A Sang - Chairman of CPC. - Design of the subproject should be posted at public places so that people know about the route. - The PMU will cooperate with the CPC in compensation and site clearance - After announcing the subproject, the PMU will cooperate with the CPC to demarcate immediately as a statistical base. Attention: to note in details and in full the discussed content, exchanges, feedback, 105

106 suggestion of the representatives of the people community, feedback of the investor. 3. The meeting ended at 17h30 on the same day, the minutes went through signed by representatives of relating parties and established in... copies./. Representing the Commune PC (sign, full name) (singed and sealed) Representing the Investor (sign, full name) (signed and sealed) Chairman Giang A Sang Project Director Hoang Thu Huyen 106

107 LIST OF PARTICIPANTS IN THE CONSULTATION Content: meeting consultation with population community directly impacted by the subproject and presentation of the design Sa Pa - Ta Phin - Ban Khoang road route improving Time:... Venue:...Sa Pa Commune Full name Working unit Signature Note Giang A Chu Secretary of Commune Party Committee signed Giang A Sang Chairman of Commune PC signed Hau A Vang Affected Household signed Luong Duc Quang Affected Household signed Tran Ngoc Hoi Affected Household signed Giang A Tru Vice Chairman of Commune People Council signed Ma A Vang Chairman of Commune People Council signed Giang A Ghong Affected Household signed Giang A Phong Affected Household signed Hang A Chu Head of village signed Ma A Sang Chairman of Commune Fatherland Front signed Nguyen Viet Tiep Office signed Vang A Chu Office signed Chang A Sinh Office signed Do Nhung Ngoc Chairwoman of Women Union signed Hoang Thuy Ha Cadastral signed Confirmation of Sa pa Commune (Signed and sealed) Chairman of the CPC Giang A Sang Prepared by (signed) Pham Thi Hoa 107

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113 Minute of meeting at Ta Phin Commune People Committee (10 May 2017) THE SOCIALIST REPUBLIC OF VIETNAM INDEPENDENT FREEDOM - HAPPINESS MINUTES OF CONSULTATION MEETING WITH COMMUNITIES POPULATION DIRECTLY AFFECTED BY THE PROJECT Loan 3165-VIE: Sub-project: Greater Mekong Sub-region Tourism Infrastructure for Inclusive Growth Project in Lao Cai Province Sa Pa Ta Phin Ban Khoang Access Road Improvements Construction location: Sa Pa, Ta Phin and Ban Khoang Communes Sa Pa District Meeting time: at 9h00 on 10/5/2017 Meeting venue: 1. Participants: People Committee of Ta Phin Commune, Sa Pa District Representatives of investor: Mr. (Mrs.) Hoang Thu Huyen Mr. (Mrs.) Tong Van Son Mr. (Mrs.) Pham Thi Hoa Mr. (Mrs.) Hoang Thanh Hung Mr. (Mrs.) Hoang Duc Viet Function: Director Function: Deputy Director Function: staff Function: staff Function: staff Delegate participants: Representatives of Commune Fatherland Front, political-society organizations, professional society organizations, resident groups, villages Mr. (Mrs.) Ly Phu Sieu Mr. (Mrs.) Giang A Sa Mr. (Mrs.) Chang A Sa Mr. (Mrs.) Mai Hong Ly Mr. (Mrs.) Ly Phu Linh Function: Secretary of Communes Party Committee Function: Standing Vice Secretary Function: Vice Chairman of Commune People Council Function: Commune Cadastral staff Function: Head of Sa Seng village (List with full name, function, signature of participants) 2. Meeting content 2.1. Chair of meeting introduce reason of meeting and participants Participants are leaders and population of the project s area Reason of meeting: - Inform about the sub-project: Improvement of Sa Pa Ta Phin Ban Khoang Access Road Improvements, get people s and local authorities consensus for this sub-project - Main content: Inform about subproject s categories Put in discussion environmental and social impacts caused by the subproject. People and local authorities in the impacted areas and benefited areas to discuss and agree to implement the subproject 113

114 Discuss and response to the questions of local people relating to local environmental and social issues impacted by the subproject s activities. - Opinions of localities: The people householders agreed to implement the subproject as the subproject brings benefits for the local social economic development and transportation network. The local authority will support and help the implementing units in providing information, survey on population social economic development, environment, support in site clearance and land compensation during the construction phase Together with the project management uni, to manage well the subproject categories in the operation phase Project Owner presents briefly the Project s Environmental Impact Assessment (EIA) Report, including the project s content, the project s positive and negative impact on the community s environment and health, mitigation measures - Summary of Subproject: Sub-project preparation phase: Some lands on two sides of the routes will be acquisition for making road, car parking, auxiliary works (toilets, waste water drainage systems ) - Construction phases: Road improvement and construction of some auxiliary works: workers and construction machineries will be mobilized in the construction site and will cause smoke dust, noise, air pollution, etc. Which affect population s living and trading activities (small shop on roadside). Besides, during the road-construction stages will affect transportation on the route, the circulation of population will be affected. Workers from other places work on the construction sites and stay at the construction site (living, eating and sleeping at the camps) may affect the life. Material for road making will be transported to the construction site, etc. will impact on the local people. - Acquisition of land and trees for road construction. Landslide and soil erosion may happen along the road as the road through the slope of Ta Phin and Ban Khoang. - Operation phase (after construction): Once the road improvement completed, the vehicles can run faster and numbers of vehicles will be bigger, thus might increase accidents from transportation; Increased tourist number on the route is accompanied by increased volume of waste, waste water as visitors utilized public facilities (toilets, car parking ) 2.3. Discussions, exchanges between population community directly impacted by the project, commune People Committee on the issues presented by the project s owner at the meeting. (i) Opinion of Mr. Ly Phu Sieu - Secretary of Commune Party Committee - Authorities and people of the village expect the subproject to be implemented since past years. The subproject implementation will take place, facilitating people with a route convenient for exchanges, tourism thus attracting visitors to Sa Pa in general and Ta Phin commune in particular. - Currently, in the center of the commune, many householders occupied the corridor - roadsides. Therefore, we have to know well the planning to do disassembling and facilitating the site clearance and planting trees for shade and greenery along the route in the future. - Suggesting Merss. Party Secretary, Head of communes, especially the central areas, to immediately inform the people and householders about the subproject information, for 114

115 their knowledge, thus facilitating the site clearance works and the PMU to carry out well the subproject. - The CPC together with commune s people to reach consensus in supporting the PMU in subproject s implementation for the success of the works. (ii) Opinion of Mr. Giang A Sa Standing Deputy Secretary of the Commune Party Committee - The surface texture: The PMU cooperate with the CPC and village heads should know and implement. - The disputes on land area between 2 communes Ta Phin and Ban Khoang still not settled because the 2 communes have not reached agreement on the content. Therefore, the compensation for the disputed land area to be directly paid to the householders utilizing the land. (iii) Opinion of Mr. Mai Hong Ly Communal cadastral staff - Agree with opinions of the Commune leaders. - At the center of the commune, many small shops are arisen. In order to implement site clearance and create most favorable condition for the PMU, suggest that Misters Party Secretary, Head of villages to inform people living at the central area in particular, as well as the people in the surrounding area, about the subproject s substance for good implementation. (iv) Mr. Ly Phu Kinh Head of village - Agree with the content announced by the PMU. - Head of village will take the responsibility to inform the people in the village for implementation. Attention: to note in details and in full the discussed content, exchanges, feedback, suggestion of the representatives of the people community, feedback of the investor. 3. The meeting ended at 11h30 on the same day, the minutes went through signed by representatives of relating parties and established in... copies./. Representing the Commune PC (sign, full name) (singed and sealed) Representing the Investor (sign, full name) (signed and sealed) Vice Chairman Ly Lao Lo Project Director Hoang Thu Huyen 115

116 LIST OF PARTICIPANTS IN THE CONSULTATION Content: meeting consultation with population community directly impacted by the project and presentation of the design Sa Pa - Ta Phin - Ban Khoang road route improving Time:... Venue:...Ta Phin Commune No. Full name Working unit Signature Note 1 Ly Phu Sieu Commune Party Committee signed 2 Giang A Sa Deputy Secretary of Commune Party signed Committee 3 Chang A Xa Vice Chairman of Commune P Council signed 4 Doan Thi Yen Cadastral signed 5 Mai Hang Ly Cadastral signed 6 Lao Thuy Le Cadastral signed 7 Do Thanh Ha Office signed 8 Ta Duy Hung Judicial - HT signed 9 Hoang Thi Giang Office signed 10 Vu Thi Mui Culture - Social signed 11 Ly May Phan Chairwoman of Women Union signed 12 Ly Lao Ta Chairman of Commune Fatherland Front signed 13 Ly Phu Kinh Head of village signed 14 Vang A Dinh Head of village signed 15 Ly Phu Chiu Head of village signed 16 Giang A Chia Head of village signed 17 Giang A Rua Secretary of village party unit signed 18 Trinh Xuan Viet Secretary of village party unit signed 19 Giang A Lenh Secretary of village party unit signed 20 Chang A Sinh Head of village signed 21 Phan Dao Quang Secretary of village party unit signed Nguyen Thi Huong Culture - Social signed 24 Sung A Xa Vice Chairman of Fatherland front signed 25 Do Th Quynh Tam Office signed 26 Luong Thi Ha Cultural officer signed 27 Le Thi Hai Anh Culture - Social signed 28 Ha Thi Thu Nga Secretary of Youth Organization signed 29 Ma Thi Dua Vice Chairwoman of Woman Union signed 30 Vang Thi Mu Office staff signed Confirmation of Ta Phin Commune (Signed and sealed) Chairman of the CPC Ly Lao Lo Prepared by (signed) Pham Thi Hoa 116

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122 Minute of meeting at Ta Phin commune (26 February 2018) THE SOCIALIST REPUBLIC OF VIETNAM INDEPENDENT FREEDOM - HAPPINESS MINUTES OF CONSULTATION MEETING WITH COMMUNITIES POPULATION ON RESETLEMENT AND DEVELOPMENT OF ETHNIC MINORITIES - Loan 3165-VIE: Greater Mekong Sub-region Tourism Infrastructure - Meeting time: at 14h00 on 26/2/2018 for Inclusive Growth Project in Lao Cai Province - Meeting venue: Ta Phin CPC Sa Pa District 1. Participants: Representatives of CPC - Mr. (Mrs.) Do Minh Tri Function: Chairman of CPC - Mr. (Mrs.) Ly Lao Lo Function: Vice Chairman Representatives of PMU - Mr. (Mrs.) Tong Van Son Function: Deputy Project Director - Mr. (Mrs.) Pham Thi Hoa Function: Staff Representatives of Consulting Firm - Mr. (Mrs.) Nguyen Truong Son Consultant - Mr. (Mrs.) Nguyen Dac Hien Consultant 2. Consultation content - Overview of local socio-economic situation and infrastructure in the locality. Introduction about the project, including: scale, planning, funding resource, implementation period. Brief introduction on proposed technical plan, land acquisition scope for each construction category. - Introduction of ADB s policy on: non-voluntary settlement, gender, information announcement and accountability. - Briefing on laws, decrees and legislation relating to compensation, support, resettlement and acquisition of land for the subproject. - Summary on the benefits for impacted people due to loosing land, house, architectural objects, trees, farm production of the subproject. - Consultation with the community about the problems relating to acquisition, compensation, support and resettlement Summary content of people s opinion and affected people as following: Information about the subproject: - Our people know detailed information on the sub-project Sa Pa Ta Phin Ban Khoang Access Road Improvements. Including technical specifications, schedule implementation, objective and benefits of Sa Pa Ta Phin Ban Khoang Access Road Improvements. - The subproject implementation wil affect livelihoods of AHs so that AHs need to be supported regarding employment. Opinion of Commune leaders - Suggest of PMU and departments to cooperate closely in completing legal corridor for timely subproject implementation and early completion of the construction works and utilization, thus serving people living in the region during the phase

123 - Local people should be hired as workers for the subproject. - Measures to mitigate environmental impacts including watering, shielding while transporting construction materials, especially at the living quarters should be implemented. - Agree with the content discussed during the meeting. 3. Conclusion and Recommendations: - Households who operate business in the commune impacted by the subproject has understood and committed to support the subproject implementation, agree with subproject policy went through the meeting./. Chairman of the meeting declared that Project s community consultation meeting completed. The meeting ended at 16h30 on 26/2/2018 The meeting minute was read for all people to listen and agreed. Representing the CPC (singed and sealed) Chairman Do Minh Tri Representing the Investor (signed and sealed) For Project Director Deputy Director Tong Van Son 123

124 SOCIALIST REPUBLIC OF VIETNAM INDEPENDENT FREEDOM HAPPINESS LIST OF PARTICIPANTS IN THE CONSULTATION - Project: Loan 3165-VIE: Greater Mekong Sub-Region Tourism Infrastructure for Inclusive Growth Project in Lao Cai Province - Meeting time: at 14h00 on 26/2/ Meeting venue: at Ta Phin Commune, Sa pa district No. Full name Working unit Signature 1 Do Minh Tri Chairman of Commune PC 2 Ly Lao Lo Vice Chairman of Commune PC 3 Tong Van Son Deputy Director PMU 4 Pham Thi Hoa PMU 5 Nguyen Truong Son Consultant 6 Nguyen Dac Hien Consultant 7 Ly May Pham Chairwoman Women Union 8 Ly Lao Ta Chairman Fatherland Front 9 Giang A Lung Chairman Farmer Association 10 Ha Thi Nga Secretary of Youth Organization 11 Nguyen Thi Hai Yen Cadastral 12 Ly Phu Sieu Secretary of Party Committee 13 Giang A Sa Standing Vice Secretary 14 Trang A Sa Vice Chairman of Farmer Association 15 Ly Quang Sinh citizen signed 16 Phan Quay Dien citizen signed 17 Phan La San citizen signed 18 Ly Thi Pao citizen signed 19 Ly Lao Si citizen signed 20 Phan Dao Vang citizen signed 21 Ly Phu Liem citizen signed 22 Ly Quay Nhan citizen signed 23 Chao Quay Choi citizen signed 24 Ly May Lui citizen signed 124

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128 Minute of meeting at Sa Pa commune (26 February 2018) SOCIALIST REPUBLIC OF VIETNAM Independence Freedom Happiness MINUTE OF PUBLIC CONSULTATION MEETING ON RESETTLEMENT AND ETHNIC MINORITY DEVELOPMENT - Project name: Greater Mekong Sub-Region Tourism Infrastructure for Inclusive Growth Project - Time: 9 AM at 26 February Place: Sa Pa CPC Sa Pa district Lao Cao Province 1. Participants Representatives of CPC - Mr./Ms.: Giang A Sang, Chairman of CPC - Mr./Ms.: Giang A Chu, Secretary of communal communist party Representatives of the Project: - Mr./Ms.: Tong Van Son Project Deputy Director - Mr./Ms.: Pham Thi Hoa Safeguard Policy Staff Representatives of consulting unit: - Mr./Ms.: Nguyen Truong Son - Consultant - Mr./Ms.: Nguyen Dac Hien Project Coordinator 2. Contents of the consultation meeting - General introduction of economic, social conditions and local infrastructure. Overview on the Subproject, including scale, plan, source of funds, implementation duration. Overview on proposed technical plans, land acquisition scope for each work categories. - Introduction of ADB s policies on involuntary resettlement, gender, mechanism on information dissemination and explanation responsibility. - Summary of laws, decrees and legal documents related to compensation, support for resettlement and land acquisition for the subproject. - Summary of benefits of the affected people due to loss of land, houses, buildings, trees, crops... of the subproject. - Community consultation on issues related to land acquisition, compensation, support for resettlement implemented in the subproject and remedial solutions. Summary of comments of local people and the affected people: Regarding subproject information: - We received and understood all information on sub-project Sa Pa -Ta Phin Ban Khoang Access road improvements through local meetings. - The households agreed to implement the subproject as the project brings benefits on socialeconomic development and traffic network at the local. - Local authority will support and facilitate the project implementation units regarding providing information, conducting investigation on population, social development, environment during construction phase and provides support in site clearance and land compensation, etc. 128

129 - Provide affected people, especially women with support on job opportunities, sale skills, production and consumption of agricultural products at the local. - The construction of the road will produce many positive effects for affected people such as creating jobs, increasing income, reducing time and costs in traffic. - During subproject preparation and implementation period, the subproject is recommended to create jobs for local people, especially ethnic minorities. 3. Conclusions and recommendations All participants and local authorities understood and committed to support the implementation of the subproject, agreed with the subproject s policies adopted in the meeting./. Chairperson of the meeting announced the conclusion of the subproject's community consultation meeting. The meeting ended at: 11 AM, February 26, 2018 The content of the minutes of the meeting is read out for everyone to hear and to give comments. REPRESENTATIVES OF THE CPC PROJECT REPRESENTATIVES (Signed, sealed) PP Director Deputy Director Tong Van Son 129

130 SOCIALIST REPUBLIC OF VIETNAM Independence Freedom Happiness LIST OF PARTICIPANTS IN THE MEETING - Project name: Greater Mekong Sub-Region Tourism Infrastructure for Inclusive Growth Project - Time: 9 AM at 26 February Place: Sa Pa CPC Sa Pa district Lao CaI Province No. Full name Job title/address Signature 1 Giang A Sang Chairman, CPC 2 Giang A Chu Secretary of communal communist party 3 Luu Duc Giang Agricultural extension staff 4 Giang A Tru Vice chairman, Communal People s Council 5 Hang A Seo Village head 6 Hoang Thuy Ha Land official 7 Luu Huong Giang Lega Official 8 Tran Van Tuan citizen 9 Hang A Chu citizen 10 Tran Thi Kim Lien As above 11 Tran Dinh Bau As above 12 Hang A Chum As above 130

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135 Minute of meeting at Ban Khoang commune 27 February 2018 SOCIALIST REPUBLIC OF VIETNAM Independence Freedom Happiness MINUTE OF COMMUNITY CONSULTATION MEETING ON RESETTLEMENT AND ETHNIC MINORITY DEVELOPMENT - Project name: Greater Mekong Sub-Region Tourism Infrastructure for Inclusive Growth Project - Time: 9 AM on 27 February Place: Phin Ho village - Ban Khoang commune Sa Pa district 1. Participants Representatives of communal People s Committee (CPC) - Mr./Ms.: - Mr./Ms.: Representatives of the Project: - Mr./Ms.: Tong Van Son Project Deputy Director - Mr./Ms.: Pham Thi Hoa Officer Representatives of consulting unit: - Mr./Ms.: Nguyen Truong Son - Consultant - Mr./Ms.: Nguyen Dac Hien Project Coordinator 2. Contents of the consultation meeting - General introduction of economic, social conditions and local infrastructure. Overview on the project, including scale, plan, source of funds, implementation duration. Overview on proposed technical plans, land acquisition scope for each work categories. - Introduction of ADB s policies on involuntary resettlement, gender, mechanism on information dissemination and explanation responsibility. - Summary of laws, decrees and legal documents related to compensation, support for resettlement and land acquisition for the subproject. - Summary of benefits of the affected people due to loss of land, houses, buildings, trees, crops... of the subproject. - Community consultation on issues related to land acquisition, compensation, support for resettlement implemented in the subproject and remedial solutions. Summary of comments of local people and the affected people: Regarding subproject information: - We clearly understood all information on sub-project Sa Pa -Ta Phin Ban Khoang Acces Road Improvements through local meetings, consultation with attention of Project management unit (PMU) - Agree with the subproject implementation. - All information on measuring, counting and announcement of prices are disseminated to affected people before the subproject implementation. 135

136 - The sub-project will benefit local people, including both men and women through improvement of traffic network and better access to infrastructure systems as electricity, water supply and education, etc. - Provide support for affected women, including capacity building on doing commercial services such as sale skills, financial management skills, etc. - The construction of the road will produce many positive effects for ethnic minority people such as creating jobs, increasing income, reducing time and costs in traffic. - It s recommended to open classes on community tourism, embroidery for local women. - All participants (100%) understood and committed to support the implementation of the subproject as the subproject will contribute to the development of social and economic of the local, creating jobs, increasing income, reducing time and travel costs and contribute to spreading out the local historical and cultural value. 3. Conclusions and recommendations All participants understood and committed to support the implementation of the subproject as the subproject will contribute to the development of social and economic of the local, creating jobs, increasing income, reducing time and travel costs and contribute to spreading out the local historical and cultural value./. Chairperson of the meeting announced the conclusion of the subproject's community consultation meeting. The meeting ended at: 11 AM, February 27, 2018 The content of the minutes of the meeting is read out for everyone to hear and to give comments. REPRESENTATIVES OF THE CPC (Signed) PROJECT REPRESENTATIVES (Signed and sealed) PP Director Deputy Director Tong Van Son 136

137 SOCIALIST REPUBLIC OF VIETNAM Independence Freedom Happiness LIST OF PARTICIPANTS IN THE MEETING - Project name: Greater Mekong Sub-Region Tourism Infrastructure for Inclusive Growth Project - Time: 9 AM on 27 February Place: Phin Ho village - Ban Khoang commune Sa Pa district Lao Cai province No. Full name Job title/address Signature 1 2 Ly Quay Dao Deputy Chairman Signed 3 Tong Vac Son Deputy Director of PMU Signed 4 Pham Thi Hoa Officer Signed 5 Nguyen Dac Hien Consultant Signed 6 Nguyen Truong Son Consultant Signed 7 Chao Dao Chau Affected People Signed 8 Lu Quay Trinh Affected People Signed 9 Lu Quay Vong Affected People Signed 10 Tom Lau U Affected People Signed 11 Ly Quay Phau Affected People Signed 12 Ly Dao Phu Affected People Signed 13 Ly Dao San Affected People Signed 14 Ly Quay Chac Affected People Signed 15 Ly Quay Nhan Affected People Signed 16 Ly Ta May Affected People Signed 17 Tan Xao Ta Affected People Signed 18 Ly Quay Phu Affected People Signed 19 Ly Quay Tong Affected People Signed 20 Ly Quay Tinh Affected People Signed 21 Ly Dao An Affected People Signed 22 Ly Quay Phi Affected People Signed 23 Tan Van Luay Affected People Signed 24 Tan Quay May Affected People Signed 25 Dao Ta May Affected People Signed 26 Ly Phu Chan Affected People Signed 27 Ly Dao Menh Village head Signed 28 Ly Quay Sieu Affected People Signed 29 Tan vanh Leu Affected People Signed 30 Ly Quay Phu Affected People Signed 31 Ly Quay Om Affected People Signed 32 Ly Quay An Affected People Signed 33 Tan Sach Tinh Affected People Signed 34 Tan Van Lua Affected People Signed 35 Ly Dao Giang Affected People Signed 36 Ly Quay Choi Affected People Signed 37 Ly Quay Van Affected People Signed 38 Tan Sanh Chau Affected People Signed 39 Tan Venh Sieu Affected People Signed 40 Ly Lao Ut Affected People Signed 41 Tan Van Hung Affected People Signed 42 Ly Lao Su Affected People Signed Lao Cai, February 27, 2018 Confirmation of local authority (Signed) 137

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143 Annex 5: Photos Of Public Consultation Meetings Public meeting at Sa Pa commune, May 2007 Public meeting at Ban Khoang commune, May 2007 Public meeting at Ta Phin commune 26 Feb. 18 Public meeting at Sa Pa commune (26 Feb. 2018) 143

144 Public meeting at Ban Khoang commune (27 Feb. 2018) 144

145 Annex 5: Decision By Lao Cai PPC On Approval Of Land Price For Compensation Of Land For The Ta Phin Ban Khoang Subproject 145

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148 LAO CAI PROVINCIAL PEOPLE S COMMITTEE SOCIAL REPUBLIC OF VIETNAM Independence Freedom Happiness No. 5860/QD-UBND Lao Cai, February 27, 2017 DECISION Approval of specific land prices for land plots in the Sa Pa District LAO CAI PROVINCIAL PEOPLE S COMMITTEE Pursuant to the law on local government organizations dated 19 June 2015 Pursuant to the Land Law dated 29/11/2013; Pursuant to the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law; Pursuant to the Government's Decree No.44 / 2014/ND-CP dated May 15, 2014 on land prices; Pursuant to the Ministry of Natural Resources and Environment's Circular No. 36/2014 / TT-BTNMT of June 30, 2014, detailing the method of land valuation; building and adjusting the land price index; Specific land prices and land pricing consultancy; Pursuant to the appraisal document No / HD-TD of December 20, 2017 of the Land Evaluation Council for appraisal of specific land price plans in the province; At the proposal of the provincial / municipal Natural Resources and Environment Service in Report No. 603 / TTr-STNMT of December 25, 2017 proposing the approval of specific land prices, DECIDED Article 1. Approve specific land prices for some land plots in Sa Pa district, specifically as follows: 1. Compensation land price, site clearance for Muong Hoa cultural park-sa Pa - Location: Ly Lao Chai Village, Lao Chai Commune, Sa Pa District. - Total recovered land area to be priced: ha. - Type of land for price determination: Land for rice cultivation, land for planting annual trees, planting perennial trees; land for planting production forests, land for aquaculture. - Purpose of price determination: compensation, site clearance, resettlement when the State recovers land. - Price adjustment coefficient of land compensation and site clearance: For agricultural land, K = 1.5 compared to land prices in Decision No. 91/2014 / QD-UBND dated December 27, Specifically: Land for rice cultivation (VT3): đ/m 2, land for planting annual trees (VT2): đ/m 2, land for planting perennial trees (VT2): đ/m 2 ; land for aquaculture (VT2): đ/m 2; Land for planting production forests (VT2), K=1.2, specific price: 9.600đ/m 2 148

149 There is no resettlement in the project. 2. Compensation land price, site clearance for the work: Wastewater treatment station in the northeast basin of Sa Pa commune. - Location: Giang Tra Village, Sa Pa Commune, Sa Pa District. - Total recovered land area to be priced: ha. - Type of land for price determination: Rural land, Land for rice cultivation, land for planting perennial trees, land for planting annual trees; land for planting production forests. - Purpose of price determination: compensation, site clearance, resettlement land allocation when the State recovers land. - Specific land price for compensation and site clearance: + For rural land: Price adjustment coefficient K=1 compared to land prices in Decision No. 91/2014 / QD-UBND dated December 27, 2014; + For land for planting other annual trees, land for planting perennial trees, land for aquaculture, K=1.5. Land for planting production forests, K=1.2. Specific price: Land for rice cultivation (VT3): đ/m 2, land for planting annual trees (VT2): đ/m 2, land for planting perennial trees (VT2): đ/m 2 ; land for production forests (VT2): 8.000đ/m 2; - Specific price of resettlement land: + Location of land allocation: in North-west resettlement and population arrangement area, Sa Pa. + Resettlement land price: 9,750,000 đ/m Compensation land price, site clearance for the work: Improvement and upgrade of Sa Pa Ta Phin Ban Khoang Road. - Location: at the villages of Giang Tra, Ma Tra of Sa Pa Commune; Sa Xeng, Lu Khau villages of Ta Phin commune, Can Ho A village of Ban Khoang commune, Sa Pa District. - Total recovered land area to be priced is about: 23.8 ha. - Type of land for price determination: Rural land, Land for rice cultivation, land for planting perennial trees, land for planting annual trees; land for aquaculture, land for planting production forests. - Purpose of price determination: compensation, site clearance, resettlement land allocation when the State recovers land. - Specific land price: + Land price adjustment coefficient for compensation, site clearance in Sa Pa, Ta Phin and Ban Khoang Communes: For land for rice cultivation, land for planting annual trees, land for planting perennial trees; land for aquaculture, K=1.5; Land for planting production forests, K=1.2. For rural land: i. Sa Pa commune, K=1.2. ii. iii. Ban Khoang commune, K=1. Ta Phin commune (Sa Pa Ta Phin road): (1) The road section from Sa Pa to the junction of the 1st group, Sa Xeng village: K=1. 149

150 (2) The section from the junction of the 1st group, Sa Xeng village to bridge of group 4 of Sa Xeng village, the section leading to the CPC office and from the Mr. Thuong s home crossroads to the primary schools, K=1.3. (3) The section from the bridge of group 4 of Sa Xeng village to gate of Ta Phin, K=1. (4) Other rural land locations are not in the central area, K=1. *Locations, specific price of all land categories are determined in accordance with regulations in the Decision No. 91/2014/QD-UBND date 27 December 2014 of the Provincial People s Committee. * There is no resettlement arrangement in the project. Article 2. Implementation organization. 1. Based on the approved contents in Article 1, Department of Natural Resources and Environment, Sa Pa District People s Committee and relevant competent agencies measure and determine accurately boundary and area of land plots and implement the next steps in accordance with regulations and at the same time, closely manage the construction of works in accordance with approved planning. 2. Organizations and individuals allocated with land shall have to fulfill all financial obligations according to current regulations; strictly implement the planning already approved by competent authorities and use the land on the right boundaries, in the right area and for the right purposes. Article 3. Chief of the Office of the Provincial People s Committee; Director of the Departments: Finance, Natural Resource and Environment; Construction; Director of Provincial Tax Department; Chairman of Sa Pa DPC; Heads of agencies and organizations and relevant individuals shall base themselves on decision to implement. This decision takes effect from the date of signing./. Recipients: - CT, PCT1,3 - As Article 3; - DONRE (02 copies) - Department of Culture, Sports and Tourism; - For recording: Office, TNMT, TH2 ON BEHALF OF PEOPLE COMMITTEE PP CHAIRMAN VICE CHAIRMAN (signed, sealed) Le Ngoc Hung 150

151 Annex 6: Minute Of Meeting On Temporary Acquisition for Disposal Sites SOCIALIST REPUBLIC OF VIETNAM Independence Freedom Happiness MINUTE OF MEETING Subproject: Sa Pa Ta Phin Ban Khoang Access Road Improvements Construction location: Sa Pa district, Lao Cai Province. Today, on 21 st October 2017, at the work Sa Pa Ta Phin Ban Khoang Access Road Improvements, we, include: I. Participants: 1. Lao Cai Department of Construction. - Mr.: Trinh Xuan Truong, Director - Mr. Hoang Xuan Viet, Officer 2. Lao Cai Department of Transportation. 3. Lao Cai Department of Finance 4. Lao Cai Department of Natural Resource and Natural - Mr. Luu Duc Cuong, Head of Department of Environment Protection of Lao Cai 5. Sa Pa District People s Committee - Mr. Le Manh Hao, Vice Chairman of DPC - Mr. Duong Thanh Phuong, Officer, Division of Natural Resources and Environment of Sa Pa District. 6. Sa Pa communal People s Committee - Mr. Giang A Sang, Chairman of CPC - Mr. Hang A Seng, Land official 7. Ta Phin communal People s Committee - Mr. Ly Lao Lo, Vice Chairman of CPC - Ms. Doan Thi Yen, Land official 8. Ban Khoang communal People s Committee - Mr. Chao Duan Chieu, Chairman of CPC 9. The project Management Unit of Greater Mekong Sub-Region Tourism Infrastructure for Inclusive Growth Project - Mr. Hoang Thu Huyen, Project Director - Mr. Tong Van Son, Project Deputy Director - Mr. Hoang Duc Viet, Coordinator of construction activities. 10. Designing firm - Mr. Nguyen Van Hieu, Deputy Director II. Working contents Survey and locate waste disposal sites for construction works of Ta Phin Ban Khoang Access Road Improvements, Sa Pa district. After examining, considering and assessing the location of the disposal site provided by the investor according to the design dossier and reinforcement measures to ensure the safety of waste dumping sites, the involved parties shall jointly agree on the following contents: 151

152 1. Location of disposal site at Sa Pa Ta Phin road in design dossier: a. Location 1: On the left at Km Km (area of 0.36 ha) in the territory of Ta Phin commune - At the position coordinates: X= ,668, Y=407234,182 - Area of disposal site: 0.36 ha; - Disposal capacity: 50,000 m 3 2. Location of disposal site at Ta Phin Ban Khoang road in design dossier a. The disposal site at the position of D15 pile, Chainage Km At the position coordinates: X= ; Y= Area of disposal site: 1.45 ha; - Disposal capacity: 59,508 m 3 - Unified plan: The dumping site is a deep crevice with many rocks, not affecting to the downstream and surrounding areas, which are favorable for the dumping of construction soil and not reinforcing. After completion of disposal site, the Commune People's Committee used to build public works (cultural house); b. Location 2: D50 pile, chainage of Km At the position coordinates: X= ,935, Y= ,281 - Area of disposal site: 1,12 ha; Disposal capacity: 35,220 m3 c. Location 3: Km At the position coordinates: X= , Y= Area of disposal site: 1.28 ha; Disposal capacity: 56,400 m3 d. Location 4: Km At the position coordinates: X= , Y= ,450 - Area of disposal site: 0,67 ha; Disposal capacity: 21,200 m3 e. Location 5: Km7+162,35 - At the position coordinates: X= ,999, Y= ,492 - Area of disposal site: 0,91 ha; Disposal capacity: 35,200 m3 (Map of disposal site locations are attached) This minute is agreed to be basis for Lao Cai PMU to prepare dossiers of disposal sites for construction, as basis for Lao Cai Department of Construction to inform location of dumping sites for Ta Phin Ban Khoang Access Road Improvements subproject, Sa Pa district The minute is made at 16:30 on 21 October 2017, all relevant parties signed./. Lao Cai Department of Transportation Lao Cai Department of Finance Sa Pa District People s Committee (signed, sealed) Vice Chairman Le Manh Hao Sa Pa commune People s Committee Lao Cai Department of Construction (signed, sealed) Director Trinh Xuan Truong Lao Cai Provincial Department of Natural Resources and Environment (signed, sealed) Head of Department Luu Duc Cuong Ta Phin Commune People s Committee (signed, sealed) Vice Chairman Ly Lao Lo PMU of Greater Mekong Sub-Region 152

153 (signed, sealed) Chairman Giang A Sang Ban Khoang commune People s committee (signed, sealed) Chairman Chao Duan Chieu Tourism Infrastructure for Inclusive Growth Project (signed, sealed) Project Director Hoang Thu Huyen Design Unit (signed, sealed) Deputy Director Nguyen Van Hieu 153

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