Social Monitoring Report 3rd Quarterly Report December 2017 VIE: Ben Luc-Long Thanh Expressway Project Prepared by the Viet Nam Expressway Corporation for the Asian Development Bank.
NOTE This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. Page ii
SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF TRANSPORT Vietnam Expressway Corporation (VEC) Land Acquisition and Resettlement Monitoring Report The 3 rd Quarter of 2017 Final Greater Mekong Sub region (GMS) Ben Luc-Long Thanh Expressway Project Package C1: Supervision Consulting Services Loan No: 2730-VIE (ADB) No: 65/HDTV VEC/2014 December 2017 DASAN CONSULTANTS CO. LTD., in joint venture with KUNHWA ENGINEERING & CONSULTING CO., LTD., and INTERCONTINENTAL CONSULTANTS AND TECHONOCRATS PVT., LTD Page iii
ACRONYMS ADB AHHs APs BLLT B CSC CoLUR DCCs DMS DoLISA DONRE EPMU GoV GMS GRC HCM City HHs IA IMR IRP IR MOT MOU M CoLFD PPCs PROW RP R & R SEPMU SPS TOR URP VEC Asian Development Bank Affected Households Affected Persons Ben Luc-Long Thanh Expressway Billion Construction Supervision Consultant Certification of land using Right District Compensation Committees Detailed Measurement Surveys Department of Labor, Invalids and Social Affairs Department of Natural Resource and Environment Expressway Project Management Unit Government of Vietnam Greater Mekong Sub region Grievance Redress Committee Ho Chi Minh City Households Implementing Agency Internal Monitoring Report Income Restoration Program Involuntary Resettlement Ministry of Transport Memorandum of understanding Million Center of land fund Development Provincial People s committee Proposed Right of Way Resettlement Plan Resettlement & Rehabilitation South Expressway Project Management Unit ADB Safeguard Policy Statement Terms of Reference Updated Resettlement Plan Vietnam Expressway Corporation
Table of Contents I. INTRODUCTION... 6 II. PROJECT DESCIPTION... 6 III. MONITORING AND REPORTING... 9 IV. OBJECTIVES OF INTERNAL MONITORING REPORT (IMR)... 9 V. LAND ACQUISITION AND RESETTLEMENT IMPACTS... 10 5.1 Number of Household affected by land acquisition...10 5.2 Area of Impacted Land as per Updated Decision...11 5.3 Budgeted amount for RP implementation...12 VI. PHYSICAL AND FINANCIAL PROGRESS OF LAND ACQUISITION... 13 6.1 Number of Affected Households (HHs) Fully Paid...13 *1HHs in J3, have not received the compensation as he is disputing. The amount of compensation has been put in Treasury...14 6.2 Total Land Area under Acquisition paid...14 6.3 Amount Disbursed to Affected Households...15 VII. GENERAL PROGRESS ON GROUND CLEARANCE AND HANDING OVER... 16 7.1 Status for land clearance and handing over of Acquired land...16 7.2 Status on Ground Clearance and Handing over of land by Affected Households...16 VIII. OBSTRUCTION ON HANDING OVER OF LAND AND GROUND CLEARANCE... 17 8.1 Issues affecting Timely Land Handover:...17 8.2 Initiative to resolve the Issues, affecting Timely Land Handover:...19 IX. RE-ESTABLISHMENT OF AHHs SETTLEMENTS AND BUSINESS ENTERPRISES;... 24 X. GRIEVANCES AND REDRESSAL... 26 10.1 Grievances Received and Redressed...26 XI. RELOCATION AND TRANSFER... 27 11.1 Resettlement Preferences of Eligible Affected Households...27 11.2 Status of Resettlement Site development...28 11.3 Obstruction in Relocation...30 XII. INCOME RESTORATION PROGRAM (IRP) IMPLEMENTATION... 36 12.1 Final list of HHs participated in the income restoration program (IRP)...36 12.2 Vulnerable Group and their Participation in IRP...37 12.3 Status on IRP Implementation...38 12.4 Status on Schedule of IRP Implemetation:...44 12.5 Evaluation of IRP Implementation in Can Gio District...45 12.6 Completion Evaluation Report on IRP implementation in Can Gio District...45 XIII. PREPARATION OF RESETTLEMENT PLAN (RP) ADDENDUM :... 45 Page ii
LIST OF TABLES Table 1.The Package details and Length of the BLLT expressway project... 7 Table 2. The project profile and contractors... 7 Table 3. Updated number of Affected Households in comparison to RP list... 10 Table 4. Updated Area of Affected Land... 11 Table 5. Resettlement Budget as per URP and Updated Decision... 12 Table 6. Number of Fully Paid Affected Households (HHs)... 14 Table 7. Total Land area paid... 14 Table 8. Disbursement of Compensation to Affected Households... 15 Table 9. General Progress in Land Clearance and Handing over of Land... 16 Table 10. General Progress in Land Clearance and Handing over Land... 17 Table 11. Main Issues on Handing over of land up till Sept 2017... 18 Table 12. Initiative to Resolve the Issues... 19 Table 13. Land recovery, compensation and ground clearance procedures... 20 Table 14. No. of Grievances Received and Resolved... 26 Table 15. Resettlement Preferences of Fully Affected Households.... 27 Table 16. Status of Resettlement Site Development up till Sept. 2017... 28 Table 17. Obstruction in Relocation... 30 Table 18. Final Households list to Participate in IRP (Tranche-1)... 36 Table 19. Vulnerable Group Participation in IRP... 37 Table 20. Status on IRP implementation... 39 Table 21. Provision of Training to IRP Participating Households... 42 Page iii
LIST OF FIGURES Figure 1.Layout of Project... 32 Figure 2. General Location of Project in transport system of Ho Chi Minh City and Surrounding... 28 Figure 3. Package A1: Status of Project Location updated to February 24, 2016 on Aerial Photograph 29 Figure 4. Package A2-1: Status of Project Location updated to January 23, 2017 on Aerial Photograph29 Figure 5. Package A2-2: Status of Project Location updated to January 23, 2017 on Aerial Photograph31 Figure 6. Package A3: Status of Project Location updated to January 23, 2017 on Aerial Photograph.. 31 Figure 7. Package A4: Status of Project Location updated to January 23, 2017 on Aerial Photograph.. 33 Figure 8. Package J1, J2, J3: Status on Location updated January 23, 2017 on Aerial Photograph... 34 Figure 9. Package A5, A6, A7-ADB Section III- Status of Project Location... 35 Page iv
LIST OF ANNEXURES Annex 1: Status on Handing over of land and Ground Clearance (ADB Section)... 48 Annex 2: Critical Locations need urgent Ground Clearance and Handing Over... 52 Annex 3: Notification of HCMC People s committee (PC) on license to construct New House... 53 Annex 4: Minute of Meeting on handing over of land to construct P2 Pillar... 57 Annex 5: Final Updated List of households participated in IRP... 60 Annex 6: Updated list of Vulnerable Group, participated in IRP... 68 Annex 7: List of HHs already received input in IRP... 69 Annex 8: Income Restoration Program Implementation Schedule... 70 Page v
I. INTRODUCTION 1. The Ben Luc-Long Thanh Expressway Project (BLLT) is one of the 16 expressways under Eastern North-South Expressway as per Development planning of Vietnam expressway network toward 2020 and the vision after 2020 and Detailed planning of Eastern North-South Expressway, approved by the Prime Minister through Decision No. 1734/QD-TTg, dated 01 December 2008 and Decision No. 140/QD-TTg, dated 21 January 2010. 2. The Ben Luc - Long Thanh Expressway Project has an overall length of 58km. It traverses through 16 Communes in 7 Districts of 3 Provinces. This proposed expressway starts from My Yen Commune and part of an access-road in Tan Buu Commune, Ben Luc District, Long An Province; and traverses through Binh Chanh Commune, Tan Quy Tay Commune, Hung Long Commune, Da Phuoc Commune in Binh Chanh District; Nhon Duc Commune, Long Thoi Commune in Nha Be District, and Binh Khanh Commune in Can Gio District, in Ho Chi Minh City; then goes through Phươc Khanh commune, Vinh Thanh Commune, Phuoc An Commune in Nhon Trach District, Long Phuoc Commune, and ends at Phuoc Thai Commune in Long Thanh District of Dong Nai Province. The proposed right of way (PROW) and land acquisition area along the route varies from 56m - 73m wide. 3. The project expressway is divided into three section; western section (21.14 km), middle section (10.71 km), and eastern section (25.25 km). For the expressway construction, ADB (Asian Development Bank) finances the western and eastern sections, and Japan International Cooperation Agency (JICA) finances the middle section. The project was estimated to cost $1.608 billion at appraisal, inclusive of local taxes, contingencies, and financing charges during development. Tranche 2 in the amount of $286 million will cover construction of the eastern section of the expressway. II. PROJECT DESCIPTION 4. Ben Luc Long Thanh Expressway has an overall length of 57.7 km and divided into 11 construction packages. Construction is being carried out at 8 packages and the entire budget for construction is being funded by ADB and JICA. The JICA funding covers section II (middle section), which include packages: J1; J2; J3. The ADB funding covers ADB section I (packages: A1; A2-1; A2-2; A3; A4) and ADB section III (Packages: A5, A6, A7). (Table 1 &2)
ADB section III JICA section II ADB section I Table 1.The Package details and Length of the BLLT expressway project Length Sl. No. Pkg. No. From Km to Km (in Km.) Province District Covered Commune My Yen/ Ben Luc Long An Tan Buu 1 Package A-1 Km0+600 Km7+900 7.300 Km Can Giuoc Phuoc Ly Ho Chi Minh City Binh Chanh Binh Chanh Tan Quy Tay Ho Chi Minh City Binh Chanh Tan Quy Tay 2 Package A 2-1 Km7+900 Km11+200 3.300 Km Long An Can Giuoc Long Thuong Ho Chi Minh city Binh Chanh Hung Long 3 Package A 2-2 Km11+200 Km16+600 5.400 Km Ho Chi Minh city Binh Chanh Hung Long Da Phuoc 4 Package A-3 Km16+600 Km20+169 2.114 Km Ho Chi Minh city Binh Chanh Da Phuoc Nha Be Nhon Duc 5 Package A- 4 Km20+169 Km21+744 3.026 km Ho Chi Minh city Nha Be Nhon Duc/ Long Thoi 6 Package J- 1 Km21+744 Km23+769.0 2.025 km Ho Chi Minh city Nha Be Long Thoi Can Gio Binh Khanh 7 Package J -2 Km23+769.0 Km29+531.5 5.762 km Ho Chi Minh city Can Gio Binh Khanh 8 Ho Chi Minh city Can Gio Binh Khanh Km29+531.5 Km32+450 2.92 km Package J- 3 Dong Nai Nhon Trach Phuoc Khanh 9 Phuoc Khanh Km32+450 Km35+900 3.45 km Dong Nai Nhon Trach Package A -5 Vinh Thanh 10 Vinh Thanh Km35+900 Km52+400 16.500 km Dong Nai Nhon Trach Package A- 6 Phuoc An Nhon Trach Phuoc An Km52+400 Km57+700 5.3 km Dong Nai Long Phuoc Long Thanh 11 Packager A- 7 Phuoc Thai Grand Total : 57,7 km Source: Resettlement Plan of all concerned sub-project road, VEC s documents and detail design Remark Table 2. The project profile and contractors Description ADB section I - Packages * Project Name A-1. A-2.1 A-2.2 A-3. A-4. Project Location Km. 0+600 7+900 Contract Number Executing Agency 03/HDXD- VEC/2015 Vietnam Expressway Corp. Km.: 7+900 11+200 04/HDXD- VEC/2015 Vietnam Expressway Corp. Km11+200.0-16+600.0 067/HDXD- VEC/2014 Vietnam Expressway Corp. Km.: 16+600 18+7135 05/HDXD- VEC/2015 Vietnam Expressway Corp. Km.:18+7135-21.7395 39/HDXD- VEC/2015 Vietnam Expressway Corp Contract Length 7.300 Km 3.300 Km 5.400 Km 2.100 Km 3.026 km Source of Fund ADB Loan No.: 2730- VIE ADB Loan No.: 2730-VIE ADB Loan No.: 2730-VIE ADB Loan No.: 2730-VIE ADB Loan No.: 2730-VIE Contractor JV Halla Corp Vinaconex Eng.Cons. & JV Kukdong Eng.Consut. Co.-Trung Chinh T.C. Joint Venture of Samwhan Corporation - Vạn Cuong JV Halla Corp Vinaconex Eng.Cons.& Invest.JSC. JV of Kukdong Eng. & Construction Co., Ltd., Dong Me Kong Construction and Page 7
Description ADB section I - Packages * Project Name A-1. A-2.1 A-2.2 A-3. A-4. Invest.JSC. NTP May 26 th, 2015 Trading Service Co. Ltd. May 19 th, 2015 Aug. 15th 2015 May 19 th, 2015 August 06 th, 2016 Contract Period 1080 days 1,076 days 1050 days 1,095 days 900 days Description JICA section I - Packages * Project Name J-1. J-2 J-3 Project Location Km. 21+744 23+769 Km.: 23+769 29+531.5 Km29+531.5-32+450 Contract Number Executing Agency Vietnam Expressway Corp. Vietnam Expressway Corp. Vietnam Expressway Corp. Contract Length 2.025 km 5.762 km 2.92 km Source of Fund JICA JICA JiCA Contractor LD Shimizu Vinaconex E&C LD Sumitomo Mitsui Cienco 4 LD Sumitomo Mitsui Cienco 4 NTP 1/April /2016 28/October/2014 4/February/2016 Contract Period 47 months ( 1410 days) 32 months ( 960 days) 42 months ( 1260 days) Description ADB section III - Packages * Project Name A 5. A6 A7 Project Location Km. 32 +450 35+900 Km.: 35+900 52+400 Km52+400.0-57+700.0 Contract Number Executing Agency Vietnam Expressway Corp. Vietnam Expressway Corp. Vietnam Expressway Corp. Contract Length 3.45 Km 16.5 Km 5.3 Km Source of Fund ADB Loan No.: 2730-VIE ADB Loan No.: 2730-VIE ADB Loan No.: 2730- VIE Contractor have not signed contract have not signed contract have not signed contract NTP have not signed contract have not signed contract have not signed contract Contract Period have not signed contract have not signed contract have not signed contract Source: Resettlement Plan of all concerned sub-project road, VEC s documents and detail design Page 8
III. MONITORING AND REPORTING 5. This report is concerned with the monitoring and reporting of Resettlement Plan (RP) implementation. The main objective of monitoring of resettlement work is to provide an insight and guidelines to the management for assessing the progress of resettlement. Its objective is to identify probable difficulties and problem area, like a RADAR system providing an early warning system, which need correction. 6. In order to ensure effective implementation of the Resettlement Plan (RP) and achievement of the set targets, internal monitoring of Resettlement & Rehabilitation (R&R) components of the project has been carried out by the EA with the help of Resettlement Specialist of project supervision consultant (PSC), to enable timely adjustment of implementation set up and procedures. 7. Now, South Expressway Project Management Unit (SEPMU) of Ben Luc Long Thanh (BLLT) Expressway Project is the representative of the executing agency (VEC) and is responsible for internal monitoring. As per agreed RPs, SEPMU has to submit quarterly monitoring report to ADB and VEC. This quarterly monitoring report No.3 (QRNo-3) of 2017 presents the status of land acquisition and handing over of land for the project & income restoration program (IRP) implementation up till September, 2017. IV. OBJECTIVES OF INTERNAL MONITORING REPORT (IMR) 8. The objectives of the monitoring program are: 1) Monitoring of gender disaggregated resettlement progress of the affected HHs under RP implementation, in particular land acquisition and handing over land to project and implementation of IRP 2) Assessment of monitoring the standard of living of Affected Households (AHHs) are restored or improved; 3) monitoring whether the overall project and resettlement objectives are being met; 4) assess, if rehabilitation measures and compensation are sufficient; 5) Identify problems and risks; and identify measures to mitigate problems. 6) Identify and explain issues in Memorandum of Understanding ( MOU) of each ADB mission to meet Safeguards Policy Statement (SPS), 2009 9. The range of activities and issues that need to be recorded and verified, include: 1) Compensation, allowance payments and delivery of assistance measures to affected households (AHHs); 2) Re-establishment of AHHs settlements and business enterprises; 3) Reaction of AHHs, in particular, to resettlement and compensation packages; and 4) Implementation of IRP to restore income of HHs after land acquisition 5) Review and support (if necessary) to resolve disputes and grievances of AHHs 6) Assistance provided to AHHs in relocation to new resettlement sites. 10. SEPMU has invited bidding for the selection of external monitor to make compliance of ADB directives; however, no decision has been taken up till 3 rd Q 2017. There is no external monitor, who could monitor and evaluate the RP updating and implementation. Page 9
11. For this Project, a Consulting service contracts has been made on 12th November 2014 between Vietnam Expressway Corporation (hereinafter refer to as VEC) and Joint Venture of Dasan Consultant Co., Ltd, with Kunhwa Engineering & Consultant Co., Ltd. and Intercontinental Consultants and Technocrats Pvt., Ltd, as project supervision consultant (PSC). The Team Leader /Highway Engineer of the project supervision consultant act as the Engineer of the Project, while Resettlement Specialist of PSC will assist in the updating, implementation and monitoring of RP activities V. LAND ACQUISITION AND RESETTLEMENT IMPACTS 5.1 Number of Household affected by land acquisition 12. There is no change in the final list of affected households from June 2017 up till September 2017, the reporting period. This list is updated and verified every quarter by Center of Land Fund Department (CoLFD) of the district on the basis of decision of land acquisition and compensation plan, and finally approved by Chairman, Peoples Committee of the Province. The details are presented in Table-3 below: Table 3. Updated number of Affected Households in comparison to RP list No of Affected HHs Sl. No. Station District/ Commune (As per URP) Up till June 2017 Updated Decision (Jul- Sept 17) Male (M) Female (F) Total Remarks 1 Km 0+000 to Km 2+230 Ben Luc District A. Tan Buu 31 58 40 18 58 B. My Yen 259 261 169 92 261 Total 290 319 209 110 319 2 Km 02+230 to 17+125 Binh Chanh District A. Binh Chanh 280 280 180 100 280 B. Tan Quy Tay 82 66 49 17 66 C. Hung Long 394 385 239 146 385 D. Da Phuoc 425 430 281 149 430 Total 1,181 1161 749 412 1161 3 Km 4+020 to Km 9+120 Can- Giuoc District A. Phuoc Ly 142 177 108 69 177 B. Long Thuong 88 63 44 19 63 Total 230 240 152 88 240 4 Km 17+125 to 23+420 Nha- Be District* A. Non-Duc 198 192 139 53 192 B. Long Thoi 230 225 153 72 225 Total 428 417 292 125 417 5 JICA Section (J1, J2-J3)* Can Gio District Page 10
Sl. No. 6 Station Km 21+744 to 32+450 Km 32+450 to 57+700 District/ Commune (As per URP) Up till June 2017 No of Affected HHs Updated Decision (Jul- Sept 17) Male (M) Female (F) Total Binh Khanh 189 204 137 67 204 Phuoc Khanh** Total 189 204 137 67 204 Nhon Trach District Phuoc khanh 104 104 NA NA 104 Vinh Thanh 375 376 NA NA 376 Phuoc An 409 447 NA NA 447 Remarks land acquisition is carrying out Total 888 861 NA NA 861 Long Thanh NA NA District Long phuoc 1 1 NA NA 1 land Phuoc Thai 266 273 NA NA 273 Total 267 274 NA NA 274 acquisition is carrying out Grand Total 3473 3556 3556 3549 Source: Resettlement Plan of all concerned sub-project road, updated decision of land acquisition and compensation plan, VEC s documents and detail design and DCC in each district * It is noted that -J1 part of JICA section II, falls in a part of Long Thoi Commune of Nha Be District (about 80 HHs) and **J3 part of JICA section II, fall in a part of Phuoc Khanh Commune of Nhon Trach District (about 80 HHs). 5.2 Area of Impacted Land as per Updated Decision 13. Land Acquisition is the major issues that determine the progress of work. Since, the project alignment has been designed in a new land, hence, major part of land consists of agriculture land (nearly 85%), while the remaining are residential land and swampy river area. The table below gives clear picture of updated status of land acquisition: Table 4. Updated Area of Affected Land Area of Affected Land Sl. No. District / Commune Package Govt. Land Up till June 2017 Jul- Sept 2017 Private Land Total Land Govt. Land Private Land Total Land % Change 1 Ben Luc A1 5.04 34.65 39.69 5.04 34.65 39.69 0.0 2 Binh Chanh A1, A2-1, A2-2 and A3 12.50 105.27 117.77 12.50 105.27 117.77 0.0 3 Can Giuoc A1, A2-1 0.00 19.02 19.02 0.00 19.02 19.02 0.0 4 Nha Be A3, A4, J1 2.72 43.50 46.22 2.72 43.50 46.22 0.0 5 Can Gio J2 & J3 12.57 18.13 30.70 12.57 18.13 30.70 0.0 6 Nhon Trach J3,A 5, A 6, A-7 10.26 137.54 147.80 10.26 137.54 147.80 0.8 Page 11
7 Sl. No. District / Commune Long Thanh Package Govt. Land Area of Affected Land Up till June 2017 Jul- Sept 2017 Private Land Total Land Govt. Land Private Land Total Land % Change A 7 16.00 11.82 27.82 16.00 11.82 27.82 0.0 Total 59.09 369.92 429.01 59.09 369.92 429.01 0.0 Source: VEC s documents and detail design and DCCs of each project District 14. The above table shows that there is no change in recovered land area from previous reporting period. 15. The updating in recovered land area at this juncture is due to updating of land acquisition at micro level for each household, duly verified by the joint team of EPMU, Contractors and Local authorities of each District. The land area reflected in the DMS (Detailed Measurement Survey) at design stage was a generic assessment, while the updating of impact on land at this stage of implementation is being done as per actual measurement, considering the design consideration. 16. In the previous reporting period, a reduction in land acquisition area in different packages was observed, which was attributed to factors like, recording of land area not based on micro level assessment but based on general decision of DCC (district compensation committee); account of land concerning canal, ditch, and road and inclusion of small scrublands etc., which has been well explained in quartrerly-1 report (March 2017) 17. It is also pertinent to mention here that it was March 2017, when EPMU, Contractors and Local authorities of each District have decided to carry out updating of land acquisition area for each household at micro level. Accordingly, a detail of land acquisition for each household at micro level was started measured and updated. Now onwards, the data received from joint verification/ measurement of the stated team will be used for calculation of land acquisition area and will be updated each month. 18. A minor change in total land acquisitioin area is still expected in packages (A5, A6 & A7) of section-iii, where land acquisition process is in the way. 5.3 Budgeted amount for RP implementation 19. The table below shows the resettlement budget as per updated decision up till Sept 2017 and its comparison with the URP and the previous quarter (please see remarks column in the table): Sl. No. District Table 5. Resettlement Budget as per URP and Updated Decision Pkg LAR Budget Requirement (in Billion VND) Unit: (VND billion) Remarks Updated as Up till June As per URP on Sept. 2017 2017 1 Ben Luc A1 247.00 255.043 255.043 The updated information on final 2 Can Giuoc A1, A2-1 188.51 255.668 255.668 resettlement budget is based on Master list and various updated Page 12
Sl. No. District Pkg As per URP LAR Budget Requirement (in Billion VND) Up till June 2017 Updated as on Sept. 2017 3 Binh Chanh A1, A2-1, A2-2, A3 1,873.37 1658.371 1658.371 4 Nha- Be A3, A4, J1 631.17 680.092 680.092 5. Can Gio J1, J2, J3 139.00 124.781 124.781 Remarks Decision of District compensation Committee to pay compensation, support and resettlement to each affected household 6 Nhon Trach A5, A6, A7 377.058 399.376 399.376 7 Long Thanh A7 157.497 179.429 179.429 Total 3,613.61 3552.76 3552.76 20. The above table, updated in Quarter-3 (Sept 2017), enunciates that there is no change in land acquisition budget as there is no in land recovered area. The Land acquisition cost is being updated at micro level at the time of actual payment during implementation. This budget will keep changing up till completion of RP implementation activities, which will be updated in every quarterly report. VI. PHYSICAL AND FINANCIAL PROGRESS OF LAND ACQUISITION 21. Monitoring of resettlement progress of the affected HHs under RP implementation, in particular land acquisition and handing over land of land has been carried out in this quarter like previous quarter. During this reporting period it was tried to appraise gender segregated monitoring of the resettlement progress of the affected HHs, reflected in subsequent sections. 6.1 Number of Affected Households (HHs) Fully Paid 22. Acting upon the action plan on distribution of compensation, district and commune people s committee are almost in advance stage for Compensation payment with the help of their team members and Executing Agency. 23. As against the acquired land and property, the compensation has been paid in full to 87.94% affected households up till September 2017 in comparison to 77.76 % % in Q-2, June 2017, a substantial progress from last reporting period. The payment detail up till date has been drawn in the Table-6. The payment was made in accordance with priority of construction activities. 24. 100% compensation has been made to JICA section, while it is 96.50 % in Section-1 (Western section- A1, A2-1, A2-2, A3 & A4), a little increase from last reporting period. 25. A significant improvement has been witnessed in compensation payment for section-iii (Eastern Section- A5, A6 & A7), where an average 68.50% HHs have been paid up till this reporting period, as against 37.00 % from last reporting period. 26. 86.11% HHs have been paid in package A6, a huge advancement from previous reporting period, while in last reporting period the payment was only 37.17%. 27. Remaining unpaid HHs is being paid as per priority. Page 13
Table 6. Number of Fully Paid Affected Households (HHs) Total Number of No. of Affected Households Paid Packages Affected Households Up till March 2017 Up till June2017' Up till Sept. 2017 (HHs) HHs % HHs % HHs % Package A1 842 822 97.60% 824 97.86% 826 98.10% Package A2-1 293 285 97.30% 289 98.63% 289 98.63% Package A2-2 580 489 84.30% 527 90.86% 529 91.21% Package A3 118 118 100.00% 118 100.00% 118 100.00% Package A4 226 226 100.00% 226 100.00% 225 99.56% Total 2059 1940 92.30% 1984 96.36% 1987 96.50% Package J1 102 102 100.00% 102 100.00% 102 100.00% Package J2 153 153 100.00% 153 100.00% 153 100.00% Package J3 107 107 100.00% 107 100.00% 107* 100.00% Total 2 362 362 100.00% 362 100.00% 362 100.00% Package A5 105 38 36.20% 96 91.43% 96 91.43% Package A6 756 0 0.00% 281 37.17% 651 86.11% Package A7 274 5 1.80% 5 1.80% 31 11.31% Total 3 1135 43 3.80% 382 37.00% 778 68.55% Grand Total 3556 2345 64.80% 2765 77.76% 3127 87.94% *1HHs in J3, have not received the compensation as he is disputing. The amount of compensation has been put in Treasury 6.2 Total Land Area under Acquisition paid 28. 88.10 % of acquired land has been paid up till this reporting period, while it was 84.18 % in last reporting period. The payment has been made maximum 100.00 % in JICA section (1 HH is diputing the compensation and amount of which is put into treasury, however, he handed over the land for construction), while it is more than 97.18 % in Packages A1, A2-1 A3 & A4, comprising Ben Luc, Can Giouc, and Can Gio districts respectively. The payment in Long Thanh District, which was just initiated in last reporting period, has got momementum during this reporting period and 75.05 % land area in this district has been paid. The package wise detail on status of land area paid is delineated in Table 7. Packages Recovered land area (ha) Table 7. Total Land area paid Land area already paid Up till June 2017 Up till Sept. 2017 Area (Ha) % Area (Ha) % Package A1 89.83 87.63 97.55% 87.65 97.57% Package A2-1 22.34 22.15 99.15% 22.15 99.15% Package A2-2 61.53 57.79 93.92% 57.88 94.07% Package A3 9.68 9.68 100.00% 9.68 100.00% Package A4 31.24 31.21 99.90% 31.21 99.90% Total 214.62 208.46 97.13% 208.57 97.18% Package J1 11.46 11.46 100.00% 11.46 100.00% Page 14
Land area already paid Recovered land Packages Up till June 2017 Up till Sept. 2017 area (ha) Area (Ha) % Area (Ha) % Package J2 22.12 22.12 100.00% 22.12 100.00% Package J3 16.23 13.24 81.58% 13.24 81.58% Total 2 49.81 46.82 94.00% 46.82 94.00% Package A5 21.1 19.24 91.18% 19.24 91.18% Package A6 110.78 80.2 72.40% 94.87 85.64% Package A7 31.9 12.47 31.25% 14.81 37.12% Total 3 163.78 111.91 65.15% 128.92 75.05% Grand Total 436.21 367.19 84.18% 384.31 88.10% 6.3 Amount Disbursed to Affected Households 29. Payment of compensation is being carried out by District Compensation Committee (DCC) in each District. The compensation to affected households is being paid through a/c payee cheques to maintain the transparency in the payment process. In this context, financial progress of compensation and allowances, paid to eligible HHs, was aslo monitored. 30. The summary of district wise progress of disbursed amount, are presented in Table-8, which indicates the disbursement of compensation and allowances up till Sept 2017 Sl. No District Table 8. Disbursement of Compensation to Affected Households Updated Compensation Cost As of Up to June 2017 Sept 2017 Up to June 2017 Paid % Up to Sept 2017 1 Ben Luc 255.043 255.043 100 100 2 Can Giuoc 255.668 255.668 100 100 3 Binh Chanh 1658.371 1658.371 91.13 93.66 4 Nha Be 680.092 680.092 99.47 99.51 5 Can Gio 124.781 124.781 100 100 6 7 Nhon Trach Long Thanh 399.376 399.376 27.91 55.16 179.429 179.429 1.5 26.37 Total 3552.76 3552.76 74.28 82.1 Remarks Unit: (VND billion) *1 case pending due to court case, however, compensation amount has been deposited in treasury Unpaid cases due to unresolved cases of Grievances In the process of resolving grievances in branch A Land Acquisition and approval of Budget is linked to construction activites, hence, payment is being made in accordance with priority of construction activities. Land Acquisition and approval of Budget is linked to construction activites, hence, payment is being made in accordance with priority of construction activities.. Page 15
VII. GENERAL PROGRESS ON GROUND CLEARANCE AND HANDING OVER 7.1 Status for land clearance and handing over of Acquired land 31. Land Acquisition and Ground Clearance are nearly on completion in all concerned districts of ADB section-1 (reached up 97% for all packages). Handing over of land area in Packages A1, A2-1, A2-2 and A3 & A4 is 98 %, 99%, 94%, and 100 % respectively. Only in Binh Chanh District, especially in package A2-2, the handing over of land witnessed a little progress. 32. The disbursement in two Districts; Nhon Trach and Long Thanh are being carried out as per priority, linked to construction activity. However, during this reporting period, there was a good progress in compensation payemtnas as well as handing over of land, where 77 % of the affected Households have handed over the land 33. The details of progress in land clearance and status of handing over of land to Civil works up till Sept 2017 has been weighed up in Table No 9: (See detail in Annex 1) Package Table 9. General Progress in Land Clearance and Handing over of Land Recovered land area (ha) / AHHs No. Up till June 2017 Up to Sept. 2017 Land Handed over (ha) % Handed Over land handed over ( ha) % hand over Percentage progreaa from previous rep;orting period (%) Remaining % up till Sept 2017 (%) Package A1 89.83 87.63 98% 87.65 98% 0.0% 2% Package A2-1 22.34 22.15 99% 22.15 99% 0.0% 1% Package A2-2 61.53 57.79 94% 57.88 94% 0.1% 6% Package A3 9.68 9.68 100% 9.68 100% 0.0% 0% Package A4 31.24 31.21 100% 31.21 100% 0.0% 0% Total (A) 214.62 208.46 96.9% 208.57 97% 0.1% 3% Package J1 11.46 11.46 100% 11.46 100% 0.0% 0% Package J2 22.12 22.12 100% 22.12 100% 0.0% 0% Package J3 13.24 13.24 100% 13.24 100% 0.0% 0% Total (B) 46.82 46.82 100% 46.82 100% 0.0% 0% Package A5 21.1 19.23 91% 19.23 91% 0.0% 9% Package A6 115.01 80.2 70% 94.87 82% 12.8% 18% Package A7 31.46 12.47 40% 14.81 47% 7.4% 53% Total (C) 167.57 111.9 67% 128.91 77% 10.2% 23% Grand Total (A+B+C) 429.01 367.18 85.59% 384.30 90% 4.0% 10% * Resource: Report from contractors and EPMU s staffs and construction sites in each package and report of CoLFD and DCC in each District to Sept, 2017 7.2 Status on Ground Clearance and Handing over of land by Affected Households 34. The assessment of handing over of land by affected households (HHs) in eastern section has also been done. The finding reveals 88.27 % HHs have handed over the land for construction up till Sept 2017, which is about 10. 5% more than last reporting period, June 2017 (77.76 % of the HHs). The percentage of affected households in western section, who handed over the land is now 96.9 % higher than last reporting period of 96.8 %, while remaining districts in western section have Page 16
achieved the target of either100.00% or over 99.69 % (Ben Luc District is 99.7 %; Can Giuoc is 100%, Nha Be is 99.8% and Can Gio is 100 % respectively). Nhon Trach district of eastern section has also achieved good progress, i.e., 87.79 % in land handing over. District A-Ho Chi minh city Table 10. General Progress in Land Clearance and Handing over Land Total HHs Already Handed over Up till June 2017 Not yet hand over % rate of hand over Already handed over Up to Sep 2017 not yet hand over % rate of hand over % rate of hand over in reporting period ( July - Sep 2017) Ben Luc 319 318 1 99.7% 318 1 99.7% 0.0% Binh Chanh 1161 1087 74 93.6% 1091 70 94.0% 0.3% Can Giuoc 240 240 0 100.0% 240 0 100.0% 0.0% Nha Be 417 416 1 99.8% 416 1 99.8% 0.0% Can Gio 204 204 0 100.0% 204 0 100.0% 0.0% Total 2341 2265 76 96.8% 2269 72 96.9% 0.2% B-Dong Nai Province Nhon Trach 942 457 485 48.51% 827 115 87.79% 39.28% Long Thanh 273 43 230 15.75% 43 230 15.75% 0.00% Total 1215 500 715 41.15% 870 345 71.60% 30.45% Grand Total 3556 2765 791 77.76% 3139 417 88.27% 10.52% Resource: Report from contractors and SEPMU s staffs in each package and report of CoLFD and DCC in each District to Sept, 2017 VIII. OBSTRUCTION ON HANDING OVER OF LAND AND GROUND CLEARANCE 8.1 Issues affecting Timely Land Handover: 35. The total number of HHs, who have not handed over the land to the project due to various reasons, is 866 in number. Most of the Households, who haven t handed over the land in eastern section, fall in Binh Chanh District; i.e., 71 HHs. These HHs have not yet handed over the land to Project (most of in package A2-2). The details of HHs, who have not handed over the land is due to the following reasons: Ben Luc District 1) In Ben Luc District there is still one household with disputes over land ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] (2,770 m2)) with a compensation amount of 2.605.217.035 VND), has not handed over the land. However, on 01/8/2017, the decision has been awarded by the People's Court of Long An Province and now District People's Committee will request handover of premises after 15 days. In the meantime, HHs has agreed to hand over a part of land plot No 1435 to facilitate the construction of Piers for interchange for the Project. Binh Chanh District Page 17
1) Binh Chanh District witnessed a tremendous urban development in recent past. The affected households are asking for more compensation. 2) In 2 Communes of Binh Chanh district; Hung long and Da Phươc, payment of compensation is very slow in comparison to other Communes in the project. 3) 6 HHs are disputing for compensation and lodging grievances; not yet receive Compensation 4) Currently, there are 15 HHs, who have received all payment but not handing over the land due to various reasons related to problem in resettlement (waiting Permit/ license to be constructed on remaining land part - 2 HHs; applied for construction of new house -13 HHs) 5) 46 HHs in Binh Chanh district didn t receive the money, and their money has been deposited in treasury). 6) Cases of 4 HHs are waiting Decision from court and additional supply of legal base to receive compensation, (package A2-1 - 2 HHs; 2 HHs in Package A2-2 in Hung Long Commune) Nha Be District 1) 39 HHs are disagree to sign the payment agreement and not handed over the land yet in Nha Be District. Nhon Trach District 1) 481 HHs have been paid but not handed over the land as they are waiting for Building Permits and other reason 2) 30 HHs are waiting for compensation payment Long Thanh District 1) 123 HHs have been paid but not handed over the land as they are waiting for Building Permits and other reason 2) 120 HHs are waiting for compensation payment 36. There various reasons, stated above, for delay in handing over of the land have been drawn, here, in the table below: Table 11. Main Issues on Handing over of land up till Sept 2017 No 1 2 Contents Disagree to sign the payment Agreement HHs are disputing and grievances; not yet receive Compensation Long An Province Ben Luc Main Reasons for not Handing over the land Ho Chi Minh City Province Binh Nha Be Chanh Dong Nai Province Nhon Trach Long Thanh Total 39 39 6 6 3 Being resolved by the court 1 4 5 4 In process to complete legal status 0 Page 18
No Contents Long An Province Ben Luc Main Reasons for not Handing over the land Ho Chi Minh City Province Binh Nha Be Chanh Dong Nai Province Nhon Trach Long Thanh Total 5 In process to issue decision of compensation 6 Put in treasury 46 46 7 Paid but not handed over (No Building Permits and other reasons) 15 1 481 123 620 8 Not yet Compensation 0 30 120 150 Total 1 71 1 550 243 866 * Resource: Report from contractors and EPMU s staffs are supervising construction sites in each package and report of CoLFD and DCC in each District to Sept 2017 37. The information on critical locations and other details of obstruction, which need urgent action on Ground Clearance, is highlighted in Annex. -2 and also see the minute in Annex.- 3 8.2 Initiative to resolve the Issues, affecting Timely Land Handover: Table 12. Initiative to Resolve the Issues No 1 1.1 Contents No. of HHs who have received compensation but waiting for Resettlement Issues to be resolved Apply for permission to build house on the remaining land. Long An Province Ben Luc Ho Chi Minh City Province Binh Chanh Nha Be Dong Nai Province Nhon Trach Long Thanh Total M F M F M F M F M F M F T 0 0 14 1 1 0 481 0 123 NA 619 1 620 0 0 2 0 0 0 370 NA NA NA 372 0 372 1.2 Waiting for relocation 0 0 0 0 0 0 111 NA 123 NA 234 0 234 1.3 2 2.1 2.2 2.3 Applied for construction permits on agricultural land, which does not conform the planning. Number of households not receiving money. Number of HHs disputing total claims, have not received compensation Number of HHs, the cases of which are being handled by court Amount deposited in temporary custody/ 0 0 12 1 1 0 NA NA NA NA 13 1 14 1 0 30 26 0 0 39 NA NA NA 70 26 96 0 0 3 3 0 0 39 0 NA NA 42 3 45 0 0 1 3 0 0 NA NA NA NA 1 3 4 1 0 26 20 0 0 NA NA NA NA 27 20 47 Remarks Different Cities and Binh Chanh District will soon decide, deploying permits for households Finalization of legal procedures, early planning of consciousness raising and forcible handover of premises. 3 Not Paid 0 0 0 0 0 0 30 NA 120 NA 150 NA 150 M / F not assessed Total No. (1+2+3) (Not Handed Over) 1 0 45 26 1 0 550 NA 243 NA 839 27 866 M/F HHs of Nhon Trach and Long Page 19
No Contents *M- Male, F- Female, T- Total Long An Province Ben Luc Ho Chi Minh City Province Binh Chanh Nha Be Dong Nai Province Nhon Trach Long Thanh Total M F M F M F M F M F M F T Remarks Thanh not available 38. As described in the last reporting period that People s committee (PC), Ben Luc District and Binh Chanh District and CoLFD and Committee of Compensation of District have organized a dialogue with HHs to resolve the pending issues of handing over of land for the Project (see minute in Annex 4). The positive outcome of this dialogue is visible on ground, when the HHs have started handing over the land for civil construction 39. There is no change up till Sept 2017 when it was reported in Q-2 report that about 8 HHs near National Highways -1, are complaining for low compensation. The CoLFD and Committee of Compensation of District are trying to convince the specified HHs through dialogue to hand over the land, however, if they fail to get the handing over of the land, the authority may issue an enforcement decision. 40. It is pertinent to mention here that Article 39 of Law of Land on Land recovery for use for objectives of national defence and security, national interest or public interest says that after a decision on land recovery and a plan for compensation, site clearance and resettlement have been approved by the competent State body, publicly announced and become effective, the person, having land to be recovered, must comply with the decision on land recovery. Where a person, having land to be recovered, fails to comply with the decision on land recovery, the people's committee at district level, which is authorized to make the decision on land recovery, shall have the right to issue an enforcement decision. 41. Land recovery, compensation and ground clearance procedures were first touched upon in Decree No. 197 and then detailed in Decree No. 84 with 12 steps. However, some of these procedures proved impractical and their implementation time limits were not clearly set, causing rampant project construction delay and affecting investor interests.in face of such situation, Decree No. 69 was issued, re-arranging the land recovery, compensation and ground clearance procedures defined in Decree No. 84 in only four steps, which is well illustarted in the following Table: Table 13. Land recovery, compensation and ground clearance procedures Steps Measures Time line for different steps Step-1 Step-2 Location recommendation and land recovery notification Formulation of compensation, support and resettlement plans The time limit for issuance of written recommendations on investment locations, land recovery notices and setting up of compensation, support and resettlement councils is 30 days after the receipt of valid investment dossiers The time for posting and public comment is at least 20 days. Past this time, the compensation, support and resettlement body will summarize the comments, indicating the numbers of pros, cons and other comments. If a large number of people disagree with the compensation, support and resettlement plan, the compensation body must clearly explain or consider and Page 20
Step-3 Step-4 Decision on land recovery Coercive land recovery adjust it, then finalize and send it together with summarized comments to the natural resource and environment agency for appraisal. The time limit for handover of land to compensation bodies is 20 days after they receive adequate compensation money Coercive land recovery is a strong, albeit undesirable, administrative measure to be taken by the State in necessary cases. In order to prevent such coercion from abuse and protect people s interests, coercive land recovery must be only carried out in certain cases 42. The decision on Coercive land recovery by cometent authority can be imposed in following cases: 1. If, the land recovery has been strictly carried out according to the above-mentioned three steps; or, 2. Past 30 days after the deadline for land handover, the land users concerned fail to hand over to-be-recovered land; or, 3. The land users decline to hand over to-be-recovered land though they have been persuaded by local administrations and compensation bodies; or, 4. A coercion decision has been issued according to law by a competent state body; or, 5. The coercion decision has been received by the land users concerned or publicly displayed at the office of the commune- level People s Committee of the place with the land to be recovered. 43. Coercion decisions will be enforced by coercion forces under the direction of district-level People s Committees 15 days after the decisions are received by the land users concerned or publicly displayed at the offices of the commune-level People s Committees and the land areas are not handed over. Any person, subject to a land recovery enforcement decision, must comply with it, howevr; he has the right to make a complaint. 44. The District People's Committee has directed the Compensation Site Clearance Board of Binh Chanh District to speed up the completion of the legal documents so that the site clearance can be completed. 45. Can Gio District have completed handing over of land to Project of 100%. 46. The resolved cases of handing over and present obstruction, updated up till September 2017, is shown in the figures below (Fig.-1- Fig. 14) Pictures of status of Handing over land to Project updated as on Sept. 2017 Page 21
Fig.-1: A pilot study of road at Km 7+00 of package A1- Tan Quy Tay commune- Binh Chanh District, Ho Chi Minh city Fig.-2: HH: [This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).] have temporary agreed for drilling foundation of EP 2 and EP 3 but not yet hand over land in August-September 2017 Fig.-3: 1 HH ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB s Public Communications Policy (2011).]) is obstructing handver land by waiting for Permit of house construction- A1 Binh Chanh Commune- June 2017 Fig.-4: Confirmation page of Service Organization is carrying out procedure to have Permit of new house construction for family May 2017 of HH: ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) Page 22
Fig.-5: Some households in left side of HW 1A, they already relocated and handed over land in July 2017. Contractor is constructing along HW 1A Fig.-6: Land acquisition of HW1A from the HW1A to Ben Luc District is handed over land completely in Quarter 3 of 2017 Fig.-7: Location of 1 Household is obstructing in right side of HW 1A in Package A1 ( complaint of low compensation price- HH already relocated but not yet hand over land Fig.-8: 1 HH at HW 50 is constructing new house after relocation A2-2 at Hung Long commune Fig.-5: Fig.-9: an house relocated in agust 2017 to In HW 50 in A2-2- Hung Long Commune Fig.-10: Completion of land acquisition in Da Phuoc Commune (area of agricultural land ), A2-2- June 2017 Page 23
Fig.-11: Completion of land acquistion in A3- Nhon Duc commune, Nha Be district- June 2017 Fig.-12: Remaining 1 HH, waiting for permit of house construction, Branch A-A4- June 2017 ( HH: Fig.-13: The Household already handed over land in August 2017, Branch A- A4 and other house now already relocated in July 2017 Fig.-14: Household is obstructing relocation in April 2017 Branch A, A4, Nguyen Van Tao street, while in June 2017 this house already completed relocation (Before & After) IX. RE-ESTABLISHMENT OF AHHs SETTLEMENTS AND BUSINESS ENTERPRISES; 47. Basic principles in guidelines under SPS-2009 of ADB is to avoid involuntary resettlement wherever possible and or to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. The involuntary resettlement safeguards covers 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) as a result of involuntary acquisition of land and properties. 48. Harmonized with the basic principles of ADB Policy on compensation, assistance and resettlement, Vietnam Government, in agreement with ADB, has adopted a specific Resettlement Framework for the BLLT Expressway project, which could minimize involuntary resettlement, enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to preproject levels. Page 24
49. The several RPs, prepared for this project, establishes the provisions for payment of resettlement assistance to AHs, CBEs and income restoration assistance to the poor and vulnerable households and provides the budget and cost estimate for implementation. 50. The agencies, involved in RP implementation, maintained continuous efforts to achieve the desired result on timely execution of resettlement and IRP activities. In the process, the agency/ authority have initiated following activities to make sure effective implementation of resettlement and restoration of livelihood: Consulting project affected people viable solutions for resettlement and livelihood restoration; Providing affected people options of resettlement and livelihood restoration; Compensating entire replacement cost for damages and loss; Selecting sites for resettlement, which could provide minimum benefits and services similar to their existing place ; Providing finance for assistance, training and income support to help them go well during the transitional period; Recognizing vulnerable groups and providing special support for these groups; and Establishing a structure on institution and organization to assist this process to finally succeed. 51. In order to conduct objective implementation of the RP and minimize the adverse social impacts a periodic evaluation will be carried out. This evaluation will involve identifying the gaps between the implementation of the RP and the mitigation measures proposed in the RP. Any gaps thus identified will be discussed in consultation with the EPMU officials and the local administration as necessary and corrective actions executed. These corrective actions will be examined and then implemented in a timely manner. Other than that the evaluation criteria will examine resettlement status and the quality of life with respect to the income levels of the persons or families losing livelihood and business structures, if any. There will be a direct comparison of the income level preproject period and post project implementation stage. If there have been any families that are impoverished due to the project development, measures will be suggested to address the same. 52. To evaluate the status on re-establishment of AHHs settlements and business enterprises, an evaluation of resettlement/relocation and implementation of IRP activities will be required, which has not initiated as up till now. 53. Based on the assessment during monitoring on re-establishment of AHHs settlement and business enterprises, the following results have been witnessed: There are 502 eligible HHs in Tranche-1 (ADB section I), who needs relocation. Out of which 499 HHs opted for self-relocation, while only 3 HHs opted for relocating at resettlement site. The resettlement site was identified by the authority which is now almost completed (near 90 %) and ready for relocation. Out of 873 HHs, 269 HHs received the IRP inputs (96 HHs Ben Luc District, 76- Can Giuoc District, and 92 Can Gio district). The evaluation of IRP implementation has been completed in Can Gio district only. Page 25
54. The details of status on re-establishment of settlement and business enterprises for eligible HHs are well explained in relevant sections; section-xi on Relocation & Transfer and section-xii of Income Restoration program (IRP) implementation respectively X. GRIEVANCES AND REDRESSAL 10.1 Grievances Received and Redressed 55. The nature of grievances and its redressal requirement are diverse, which need corrective action at different levels and by different institutions. Most of the grievances, specified below, are concern with the inadequacy of compensation and rate and disputes among HHs. The nature of the grievances received and redressed up till Sept. 2017 are summarized in the table below: Table 14. No. of Grievances Received and Resolved No Districts Nature of Grievances Grievances Received Up till Sept.2017 Remarks Up till June 2017 Up till Sept 2017 Redressed Remaining Ben Luc Internal Family Dispute 1 1 0 1 Family dispute. (HH: Nguyen Viet Cuong) Court decision have come in August 2017 1 Binh Chanh Disagree on compensation amount 6 6 0 6 Meeting of District compensation committee with DPs is in progress Disagreement with Family member on share of compensation 4 4 0 4 Waiting for court decision Pending Court cases on compensation 2 2 0 2 Waiting for court decision already signed compensation, not yet receieved compensation, which was put in tresury 49 49 3 46 some HHs already received compensation after dialogue and concensus 2 Can Giuoc 0 0 0 0 No Grievances 3 Nha Be Disputing on rate of compensation, not yet receive Compensation 1 1 0 1 Only 1 HH in A4 is obstructing relocation because of permit/ license of new house construction. (Section-8, sub section 8.1, para -35 (10) Can Gio 0 0 0 0 Total 63 63 3 60 1 Nhon Trach already received compensation, but not yet handed over land Pending complaints of land valuation as per ocation of 688 688 207 481 HHs are collecting crop after just received compensation 0 46 0 46 District PC have submitted to Province DoNRE to re check and Page 26
recovered land plot decide 2 Long Thanh already received compensation, but not yet handing over land 77 123 0 123 HHs are collecting crop after just received compensation Total 0 857 207 650 XI. RELOCATION AND TRANSFER 11.1 Resettlement Preferences of Eligible Affected Households 56. There are significant changes in the number of eligible HHs, who opted for relocating at resettlement site as part of resettlement preferences from previous reporting period. In ADB section I and JICA section II, only 3 HHs have opted for relocation at resettlement sites in the reporting period June 2017, while it is now 44 HHs, opted for relocation site, especially in Binh Chanh district where 42 HHs opted for relocation site. Remaining 458 HHs, selected for self-relocation. In westrn section 273 HHs have opted for resettlement sites in two districts; i.e., Nhan Trach and Long Thanh. 57. 2 Households (1 in Binh Chanh District: HH: ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) and 1 HH in Nha Be District: HH: ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member)), who have opted for Resettlement sites have already received land plot in Resettlement site. Another 1 household, namely: ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of Vulnerable group (disabled), in Can Giuoc District have petitioned to receive a plot in Hai Son resettlement site, which was latter approved by Can Giuoc District people s committee and CoLFD and he has already received the plot in Hai Son Resettlement site in December 2016. It is pertinent to mention here that the families belonging to women heded (WHFs), land less, poor, elderly, disable and specified under policy are considered as vulnerable. The details are given in Table- 15. Sl. No Location Table 15. Resettlement Preferences of Fully Affected Households. Fully Affected (HHs) Required to Relocate Opting relocation at Resettlement Sites (RSs) Opting for Self Relocation (HHs) (HHs) (HHs) 1 Ben Luc 35 35 0 35 2 Can Giuoc 131 131 1 130 3 Binh Chanh 265 265 42 223 4 Nha Be 56 56 1 55 5 Can Gio 15 15 0 15 6 Nhon Trach 21+20+70 111 111 0 7 Long Thanh 162 162 162 0 Total 775 775 317 458 *Resource: Report of CoLFD and DCC in each District to Sept, 2017 Page 27
11.2 Status of Resettlement Site development 58. The identified and specified resettlement site was almost ready to move. Now, while the specified resettlement sites are almost completed (near 90 %), almost all the relocating family have opted for self-relocation. 59. Ho Chi Minh City and Dong Nai Province are developing more new urban areas and industrial zones and which may need more resettlement sites. To meet the challenges and demand, the authority is setting up new resettlement sites for local people, workers and to reduce the population density from central area into suburban. In 2 suburb districts, Binh Chanh and Nhà Be, more resettlement sites are being developed to meet the resettlement demands. The same resettlement sites will be available for the affected persons of Ben Luc- Long Thanh expressway project. 60. The status of development of Resettlement Sites and relocation status of affected households are described in the Table -16: Table 16. Status of Resettlement Site Development up till Sept. 2017 No Name of Resettlement Site Approximate progress of infrastructure development Approximate progress of facility development Remarks Amenities Status Facilities Status 1 An Ha RS(Le Minh Xuan, Binh Chanh, HCMC) Electricity Done Plot in Resettlement site for AHHs Enough number of plots as required. Water Done Facility: Health Available nearby Road Done Facility: Education Available nearby Other Done Facility: Market Available nearby 1 AH Mr. ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) Hieu received plot in Resettlement Site (RS). Built new house. The rest of AHHs received resettlement money. 2 Nhon Duc RS Nhon Duc com., Nha Be dis., HCMC) Electricity Done Plot in Resettlement site for AHHs Enough number of plots as required. Water Done Facility: Health Available nearby 1 AH Mr. ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, Page 28
No Name of Resettlement Site Approximate progress of infrastructure development Approximate progress of facility development Remarks Amenities Status Facilities Status Road Done Facility: Education Available nearby Other Done Facility: Market Available nearby if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) received plot in Resettlement Site (RS). Built new house. The rest of AHHs received resettlement money. 3 Go Dau RS(Can Gio District, HCMC) Electricity Done Plot in Resettlement site for AHHs Enough number of plots as required. Water Done Facility: Health Available nearby Road Done Facility: Education Available nearby No HH opts to resettle in this resettlement site. Other Done Facility: Market Available nearby 4 Tan Kim RS(Can Giuoc District, Long An Province) Electricity Done Plot in Resettlement site for AHHs Enough number of plots as required. Water Done Facility: Health Available nearby Road Done Facility: Education Available nearby No HH opts to resettle in this resettlement site. Other Done Facility: Market Available nearby 5 Hai Son resettlement site (in Long Thuong Commune, Can Giuoc District Electricity Done Plot in Resettlement site for AHHs Enough number of plots as required. This resettlement site is not serviced for the project. It is Resettlement Site (RS) for business but project bought a plot for HH: Huynh thi Thanh Tuyen 5 Nhon Trach 4 Long Thanh Water Done Facility: Health Available nearby Road Done Facility: Education Available nearby Other Done Facility: Market Available nearby Plot of land 167 plot Plot of land 167 plot Over 5 plot of land Not yet identify at this time Tan Hiep Commune resettlement site (total of Page 29
No Name of Resettlement Site Approximate progress of infrastructure development Approximate progress of facility development Remarks Amenities Status Facilities Status Electricity Done Plot in Resettlement site for AHHs Enough number of plots as required. Water Done Facility: Health Available nearby designed plot land is 167 plots, request to be resettlement of 162 plots, over 5 plot of land ) Road Done Facility: Education Available nearby Other Done Facility: Market Available nearby * Resource: Report of CoLFD and DCC in each District up till Sept. 2017 11.3 Obstruction in Relocation 61. In Nha Be District 99% of HHs have handed over the land for project, only 1 HH in A4 pkg. are obstructing relocation, even after receiving the compensation. The detail of impediments in relocation from the construction site is outlined in the Table below: Table 17. Obstruction in Relocation Package A1 Package A2-1 Package A2-2 Package A 4 Binh Chanh District Nha Be Total No Contents Binh Chanh Hung Long Hung Long Da Phuoc Long Thuong 1 HHs already received compensation but not yet relocated 4 2 1 8 1 16 1.1 HHs are constructing new house 1.2 Waiting Permit/ license to be constructed on remaining land part 2 2 1.3 Applied for construction of new house on agricultural land and is not as per plan (As per Act in Vietnam, no 4 1 8 1 14 permission is granted to construct a house on agricultural land) Total 4 2 1 8 1 16 62. 273 HHs of two Districts; Nhon Trach and Long Thanh of Dong Nai Province will be relocated after land acquisition will be completed as all 273 HHs have opted for relocation on Resettlement sites, set up in the district 63. During monitoring of obstruction in relocation at construction sites by social Team at the end of Aug-Sept. 2017; it was witnessed that in package A1, 4HHs, are not able to be relocated due Page 30
to non-issuance of permit/license of new house construction. Out of these 4 HHs, 3 households, namely: ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) are creating hindrance in construction of main road. Not only this due to continued rain, these households are facing acute problem in living there. Therefore, it has been proposed by the implementing agency to Binh Chanh District PC to resolve the issue soon to avoid delay in construction and damage and hazards to HHs. 64. To resolve above issues on building permit / license for constructing new house. People's committee of Ho Chi Minh City issued a Notification No 725/TB-VP dated 19/9/2016: for affected households, whose land are acquired by the project and have requested to change land use purpose on remaining land area part or bought new land plot to construct a new house on remaining land. In the light of the above notification the People s Committee of Districts: Binh Chanh, Nha Be, and Can Gio will review the request on change of land use purposal and will approve construction of new houses on remaining land or other new land plot for construction of house. See Annex.- 3: Notification No 275 65. Currently. Binh Chanh District People s committee is agreed to permit the Households, to construct a new house on remaining land /part of the land. Page 31
Figure 1.Layout of Project
Figure 2. General Location of Project in transport system of Ho Chi Minh City and Surrounding
Figure 3. Package A1: Status of Project Location updated to February 24, 2016 on Aerial Photograph Figure 4. Package A2-1: Status of Project Location updated to January 23, 2017 on Aerial Photograph
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Figure 5. Package A2-2: Status of Project Location updated to January 23, 2017 on Aerial Photograph Figure 6. Package A3: Status of Project Location updated to January 23, 2017 on Aerial Photograph Page 31
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Figure 7. Package A4: Status of Project Location updated to January 23, 2017 on Aerial Photograph Page 33
Figure 8. Package J1, J2, J3: Status on Location updated January 23, 2017 on Aerial Photograph Page 34
Figure 9. Package A5, A6, A7-ADB Section III- Status of Project Location (Being implemented Land Acquisition and Ground Clearance, updated March 10, 2017) Page 35
XII. INCOME RESTORATION PROGRAM (IRP) IMPLEMENTATION 12.1 Final list of HHs participated in the income restoration program (IRP) 66. Up till Sept. 2017, the final list of eligible HHs in Tranche-1, who participated in IRP, is 873, an increase in 32 from 845 of the first survey list. It includes 102 HHs in Ben Luc, 135 HHs in Can Giuoc, 407 HHs in Binh Chanh, 137 HHs in Nha Be and 92 HHs in Can Gio district respectively. The IRP activities has not beem initiated yet in Tranche-2 part of the project 67. The changes in the number of IRP participants are attributed to change in their perception during implementation. In first instance, the eligible Households could not visualize the benefits of IRP. Eventually they decided to participate in IRP, when they saw other HHs have started deriving income from IRP. The final list of Eligible households in Tanche-1 is delineated in Table 18. Table 18. Final Households list to Participate in IRP (Tranche-1) 1 No 1 1.1. 1 1.1. 2 Commune Long An province No of HHs Total Cultivation Component Livestock & farming component Income Activities selected by HHs Handicraft and other Vocational training and job Trade and service promotion component M F T M F Total M F Total M F Total M F Total M F Total 165 72 237 19 10 29 89 41 130 12 2 14 3 1 4 41 19 60 1.1 Ben Luc district 74 28 102 13 5 18 39 19 58 7 0 07 0 0 0 15 4 19 1.2 1.2. 1 1.2. 2 2.1 2.1.1 2.1.2 2.1.3 My yen commune Tan Buu commune Can Giuoc district* Phuoc Ly commune LongThuong commune 70 26 96 12 3 15 37 19 56 6 0 6 0 0 0 15 4 19 4 2 6 1 2 3 2 0 2 1 0 1 0 0 0 0 0 0 91 44 135 6 5 11 50 22 72 5 2 7 3 1 4 26 15 41 44 23 67 6 4 10 26 10 36 4 1 5 1 0 1 7 8 15 47 21 68 0 1 1 24 12 36 1 1 2 3 0 3 19 7 26 2 Ho Chi Minh city 422 214 636 56 19 75 130 57 187 44 22 66 75 46 121 117 70 187 Binh Chanh district Binh chanh commune Tan Quy Tan commue Hung Long commune 267 140 407 49 19 68 85 36 121 19 8 27 69 44 113 45 33 78 66 33 99 7 2 9 20 7 27 2 0 2 24 14 24 13 10 23 34 8 42 6 2 8 17 4 21 0 1 1 11 1 12 0 0 0 81 52 133 11 8 19 35 18 53 7 1 8 7 13 10 21 12 33 2.1.4 Da Phuoc 86 47 133 25 7 32 13 7 20 10 6 16 27 16 42 11 11 22 2.2 Nha Be district 100 37 137 7 0 7 19 8 27 19 7 26 6 2 8 49 20 69 2.2.1 Long Thới 42 18 60 5 0 5 7 5 12 4 2 6 3 1 4 23 10 33 2.2.2 Nhon Duc commune 58 19 77 2 0 2 12 3 15 15 5 20 3 1 4 26 10 36 2.3 Can Gio district 55 37 92 0 0 0 26 13 39 6 7 13 0 0 0 23 17 40 2.3.1 Binh Khanh 55 37 92 0 0 0 26 13 39 6 7 13 0 0 0 23 17 40 Total 587 286 873 75 29 104 219 98 317 56 24 80 78 47 125 158 89 247 Resource: Report of CoLFD and DCC in each District, Sept 2017 *Can Giuoc 135 households in Can Giouc includes76 HHs approved first and 59 HHs submitted for approval in second list. 1 The number of vulnerable HHs is already included in the list, except for Binh Chanh, as data on this is not yet available
12.2 Vulnerable Group and their Participation in IRP 68. With reference to the MOU of ADB mission in March 2016 to identify the HHs of vulnerable group, the Conultant and the EPMU have worked with CoLFD in each District of the project from March to June 2016. The identification of vulnerable groups at Commune level was obligatory, with the objective to invite them to participate in the IRP. EPMU and the Consultant, with the exception of Binh Chanh District (where the information is still is unavailable), were able to identify and listing of vulnerable population. 69. Moreover, by the end of Sept 2017, information on the vulnerable households in Binh Chanh District is still not yet available even after a letter (No 27/BLLT-QLTCMB) issued by EPMU on 09 January 2017, to CoLFD Binh Chanh in order to speed up collection of this information for the IRP (see Annex. 6), but the information was unavailable at the time of preparation of this report. The local authority argued that as of now they are focusing on resolving obstructions in 3 Communes: Binh Chanh commune for HHs on two sides of HW 1A; Hung Long and Da Phuoc of Grievance, disputing and complaints of compensation price, hence, no time to identify the information of vulnerable group. 70. Most of the vulnerable households were invited to participate in IRP implementation and select income restoration activities. 71. Additionally, in two Districts; Long Thanh and Nhon Trach of Dong Nai Province, land acquisition is at slow pace, hence, the list of vulnerable group has not been prepared by the CoLFD 72. The number of vulnerable households, with name and address in each district, is summarized in Table-19 and annexed as Annex.- 6 of this quarter No 3 report of 2017 No Địa Phương Total Table 19. Vulnerable Group Participation in IRP Vulnerable Group Updated up till Sept 2017 WHF Landless Poor Eldelry Disable Policy A Long An Province 15 6 5 1 0 1 2 1 Ben Luc District 6 5 1 My Yen commune 6 5 1 Tan Buu commune 0 No vulnerable Household 2 Can Giuoc district 9 6 1 2 Phuoc Ly Commune 7 6 1 Long Thuong commune 2 2 B Ho Chi Minh City 19 4 12 1 0 1 1 1 Binh Chanh ( waiting) Binh Chanh commune Tan Quy Tay commune Hung Long commune Da Phuoc commune 2 Nha Be District 15 1 12 1 0 0 1 Nhon Duc Commune 13 1 12 Page 37
No Địa Phương Total Vulnerable Group WHF Landless Poor Eldelry Disable Policy Long Thoi commune 2 1 1 3 Can Gio District 4 3 1 C BInh Khanh Commune 4 3 1 Dong Nai Province 1 Nhon Trach District Phuoc Khanh commune Vinh Thanh Commune Phươc An commune 2 Long Thanh District Long Phuoc Commune No vulnerable Household Phuoc Thai Commune Tổng 34 10 17 2 0 2 3 *Resource: Districts committee of IRP implementation 12.3 Status on IRP Implementation 73. The updated information up till Sept 2017 ensures that out of 873 HHs, who have participated in IRP, 264 HHs have received the input. The handing over of input is made to 96 HHs in Ben Luc district, 76 HHs in Can Giuoc district, and 92 HHs in Can Gio district respectively. 74. IRP implementation is being carried out in each district, except Nhon Trach and Long Thanh districts up till Sept. 2017. The status on Handing over of input has been made in Can Giuoc, Ben Luc and Can Gio Distrcit only, detailed in Annex.-7. Can Gio district have achieved 100% target in handing over input to eligible HHs. 75. As described above that currently, implementation of IRP in Long Thanh district is not initiated as of now due to non accomplismnet of organization by District PC to implement the IRP, as communicated to Resettlement Specialist of PSC by ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of Farmers union, one of the stakeholders in IRP implementation. 76. ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) also suggested us to contact ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of District People's Committee in this regard. Accordigly, Mr. Duc was contacted by the Resettlement Specialist of PSC, who communicated that presently the district PC is concentrating on the airport project. If we urgently in need of carrying out IRP, EPMU should send a letter to district PC for IRP implementation. In response, the District People's Committee will organize a meeting and specific assignment to agencies of The District to carry out IRP. The Resettlement Specialist of PSC will support and supervise this implementation of IRP. 77. A draft letter of this request was prepared by the Resettlement Specilaist of PSC and sent it to EPMU for finalization and further issue it to District PC. The Page 38
Resettlement Specilaist of PSC will follow up this communication and will contact Mr. Duc and or Mr.Thanh for progress on IRP implementation. 78. The summary of status on handing over of IRP input is briefed here in Table 20: Table 20. Status on IRP implementation No A 1.1 1.1.1 Commune Long An province Ben Luc district My yen commune Eligible HHs Status on IRP Implementation up till June 2017 Received Input of IRP Not Received M F Total M F M F Progress % 165 72 237 123 53 42 91 72.57 74 28 102 73 27 1 1 98.04 70 26 96 69 25 1 1 97.92 Remarks It is 102 HHs, who were registered to participate in IRP implementation in Ben Luc District. 06 HHs did not participate IRP when it was carried out. Oout of 96 HHs, who participated in IRP, 94 HHs haave already received input of IRP up till May 2017. Remaining 2HHs did not recieve input of IRP with reasons that they themselves have bought the Cow and having no red bill, a certification of prevention of disease, which is mandatory to receive the reimbursement. Board of IRP implementation management of Ben Luc District is now contacting and discussing with these 2 HHs comlete the formalities. The name and address of these 2 HHs are as follows: ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) DoLISA issued a Plan, No 1250/SLDTBXH-KH, dated 23 June 2017 for monitoring and Evaluation of IRP implementation in Long An provinve of Ben Luc- Long Thanh Expressway project. The monitoring will be done in Page 39
No 1.1.2.2 1.2.1 1.2.2 B 2.1 2.1.1 2.1.2 Commune Tan Buu commune Can Giuoc district Phuoc Ly commune LongThuong commune Ho Chi Minh city Binh Chanh district Binh chanh commune Tan Quy Tan commue 2.1.3 Hung Long Eligible HHs Status on IRP Implementation up till June 2017 Received Input of IRP Not Received M F Total M F M F Progress % 4 2 6 4 2 0 0 100.00 91 44 135 50 26 41 18 56.30 44 23 67 35 19 9 4 80.60 47 21 68 15 7 32 14 32.35 422 214 636 55 27 534 14.47 267 140 407 0 407 0 66 33 99 0 99 0 34 8 42 0 42 0 81 52 133 0 133 0 Remarks this section for which necessary monitoring formats have been provided to monitoring team. DoLISA issued a letter No 1027/SLDTBXH-BTXH dated 24 May 2017 for request of budget to carry out IRP implementation at province Long An Province people's committee are reviewing to approve additional list of IRP household list (in addition: 59 new household into IRP Household list (added second ) and submitted letter to EPMU to have budget and waiting for disbursement DoLISA issued Plan No 1250/SLDTBXH-KH dated 23 June 2017 for monitoring and Evaluation of IRP implementation in Long An provinve of Ben Luc- Long Thanh Expressway project, Section passes Long An Province and detailed contents for the monitoring and evaluation for 76 HHs, who already recieved Input of IRP Completion of final household list, who will participate in IRP and was submitted to Binh Chanh District people s committee for approval Will carry out process of disbursement for IRP implementation According to plan, after August 2017, IRP implementation at Binh Chanh District will begin Currently, Binh Chanh do not start IRP implementation because they are oncentrating land acquisition in The District 2.1.4 Da Phuoc 86 47 133 0 133 0 Page 40
No 2.2 2.2.1 2.2.2 Commune Nha Be district Long Thoi commune Nhon Duc Commune Eligible HHs Status on IRP Implementation up till June 2017 Received Input of IRP Not Received M F Total M F M F Progress % Remarks 100 37 137 0 137 0 Nhà Bè district have completed the procedure for IRP implementation at the 42 18 60 district level 58 19 77 Currently.Nha Be District is waiting for disbursement for providing IRP input. 2.3.1 2.3 Can Gio 55 37 92 55 37 0 0 100.00 A completion report of implementation of the IRP in Can Gio District has already Binh Khanh commune 55 37 92 92 0 100.00 been submitted immediately after submission of Quarter No 2/2017 c Total 587 286 873 264 609 30.24 Dong Nai province Nhon Trach District Long Thanh district HHs list is being prepared in each district, based on decision of land acquisition District peoples committee has started identifying list of affected households, who are entitled to participate in IRP activities. EPMU and Consultant have met and worked with local authorities (Nhon Trach and Long Thanh) in June 2017 to guide them how and what to collect the required document inclduing address and telephone number so that they could be contacted during preparing of IRP implementation in each District 79. For successful implementation of income generation programme, it is essential to provide proper training to IRP participating households on how to initiate and take best return from the income models; they selected as part of their income generation activites. 80. The key issues of such type of training is to have specific knowledge of the selected income activites and skill development of the participating households, through which, they can improve their abilities to manage and run the selected trade, occupation or service. Such type of training gives ample exposure and experience to run the ideal model successfully to generate income. This training helps the participating households to understand the positive and negative perspective of various income activities. 81. The working groups, involved in IRP Implementation activities, prepared a detailed plan to organize training camp/ workshop for eligible HHs under IRP. They prepared a proper plan, Page 41
equipped with relevant materials and tools, for imparting the training to the participant HHs including technical requirements, human resources and operating costs for each income activity 82. In keeping with the above objectives and to make compliance of MOU of ADB review missions in March and October 2016, the training for IRP participating households was organized. 83. The proposed IRP workshops or training program was organized at commune level and was meant to help and advice to each participant to make their choices of income activity based on their education and skills and how to carry out the specified income activity and contact the relevant persons or institutions, in case they require any advice and technical inputs to run their business. The training program were organized as per following program: Table 21. Provision of Training to IRP Participating Households Sl. No. District Date of Training Type of Training Reference 1 Can Giouc 23 Fer 2015 13/3/2015 1 June 2016 2 Ben Luc 24 march 2016 and 29march 2016 at My Yen 3 Binh Chanh Not yet carried out 4 Can Gio Organized 3 time according to income activity group: -16/3/2015 1/4/2015 IRP implementation board/working Group organized training program/ workshop for eligible HHs on IRP activites: Can Giuoc District PC through a Notification No 34 dated 23 Fer 2015 for tarining to each HH to guide HHs how to carry out IRP in any time 13/3/2015 at Long Thuong (afternoon) and Phuoc Ly ( morning) Notification letter No 16/TB BQL dated 1 June 20126 : training to each HH (agricultural activities; small business, vocational training activities and Number of cellphone Organized Training Program/ workshop on IRP for HHs on income activities of fields like: agriculture, small business and service, vocation training: HHs were also given the details of local staff is in charge of type of income activity: name and information of them including handphone number Organized Training Program/ workshop on how to implement IRP activities for eligible HHs on specified income activities: 16/3/2015: raising fish, pig, and shrimp(for HHs participated) Loan 2730-vie: GMS Ben Luc Long Thanh Expressway Project, Midterm Review Mission 1. Memorandum of Understanding (draft) 29 February 7 March 2016 2. Memorandum of Understanding (draft) 17-24 October 2016 Page 42
Sl. No. District Date of Training Type of Training Reference 26/4/2015 5 Nha Be Not yet carried out 1/4/2015: handicraft (HHs participated) 26/4/2015: HHs participated small business and service 6 Nhon Track Not yet carried out 7 Long Than Not yet carried out 84. Handing over of IRP input in Can Giuoc and Ben Luc district in Aug-Sept 2017 have been shown in the figures below: (Fig.1-8). Fig-1: Discussing with cards of DoLISA of Long Anh Province and Can Giuoc district and My yen Commune before conducting monitoring and evaluating IRP at commune- 16 August 2017 Fig-2: Delegation go to Surveying and Interviewing to Household, the HH is raising cow ( 16 August 2017) Fig-3: Local staff is interviewing household of proccesing IRP implementation ( 16 August 2017) Fig-4: Raising Bird in a HHs in Tan Buu commune, Can giuoc District, Long An province of IRP Page 43
Fig-5: Local staff is interviewing a households of IRP after received cow at Tan Bưu commune, Can giuoc District, Long an province in Agust 2017 Fig-6: Duck is be raising by HH in IRP at My Yen commune, Ben Luc District, Long An province Fig-7: Meeting to deploy IRP implementation at Long Thanh District, Dong nai Province dated 1 Sep 2017 Fig-8: Meeting to carry out IRP at Long Thanh District, Dong nai Province dated 1 Sep 2017 12.4 Status on Schedule of IRP Implemetation: 85. The implementation plan of Income Restoration is part of the RP, which aims to specify the directions, strategies and objectives set out in the Resettlement Plan, the ADB and the Government of Vietnam. 86. The implementation plan for the income restoration program activities are generally designed in 2 years (24 months); from date of commencement of the implementation of the project. Keeping in mind, the implementation plan schedule of IRP was made and updated from time to time to match the project progress in each commune. 87. However, due to various reasons, there are delays in implementation schedule of original plan, attributed to various reasons; i.e., due to Ignorance of procedures to be established by local officials, the minimum level of capacity of working group, who were first time for IRP implementation, Delay in procedures to set up Committee of IRP implementation management at District, delay in issuance of decision at different levels of IRP committee, delay in availability of budget to carry out IRP implementation (for local staffs and impelmentation), absence and Page 44
traceabilty of HHs in IRP participation meeting and unavailability of selected inputs models of IRP in local market etc. 88. The execution of different activities and implementing time, specified in implementation schedule has been assessed and outlined in Annex.-8 for ready reference. This assessement has tried to understand the completion date of IRP activities, the lagging behind of IRP activities from original proposed schedule and the proposed plan of IRP implementation committees to comlete the IRP activites. 12.5 Evaluation of IRP Implementation in Can Gio District 89. Though the handing over of IRP input has been initiated or completed in three district; Ben Luc, Can Giuoc and Can Gio, however, evaluation of IRP implementation could be carried out in Can Gio district only. 90. The handing over of input in Ben Luc and Can Giuoc district has been done very recently and is not matured enough to go for evaluation work, while the input provided in Can Gio district has started getting return. 91. IRP implementation committee in Can Giuoc district has communicated that 76 HHs, who have received the IRP input before march 2017, the evaluation of those HHs has been initiated in the month of August 2017 92. Can Gio District have already carried out 3 time of checking, monitoring and evaluating on IRP implementation and report is being prepared on monitoring and evaluation 93. Total 39 households in Can Gio District have participated in the income restoration activities of raising livestock and farming in which raising Shrimp is carried out by most of the households, which produces good earnings despite the risk and cost. 94. Out of 39 AHHs, who were monitored and evaluated, it was found that 16 AHHs, did not earn any income from raising shrimp during the harvesting due to reasons (affected by sea salt water entered the ponds, drought, price of shrimp on the market was low, price of food to raise shrimp is increasing high, while other shrimp ponds caused diseases. 95. In 2 cases of HHs (([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member)), infectious disease were identified in pig rearing and African Carp fish raising, during IRP Monitoring and evaluation 96. The completion report on IRP implementation of Can Gio district has already been submitted in the month of Sept.2017. 12.6 Completion Evaluation Report on IRP implementation in Can Gio District 97. A summary completion Report on Evaluation of IRP implementationt of Can Gio District prrpared and submitted after comleting the IMR report of 2nd Quarter 2017 XIII. PREPARATION OF RESETTLEMENT PLAN (RP) ADDENDUM : 98. As per requirement in MOU in March 2016, the Resettlement Plan Addendum for internal road T14 have been revised and updated, incorporating the comments of ADB, and was submitted to EPMU in May 2017 Page 45
99. Resettlement Plan (RP) addendum for electricity Pole removal, as required by MOU of ADB, May 2017, is prepared for Ben Luc District only and was submitted to EPMU in June 2017. However, the RP addendum of other districts is pending due to following reasons: Binh Chanh District: additional Compensation plan for relocating Power lines in The District was prepared and submitted to department of finance of Ho Chi Minh City but pending, they do not approve with reason: MOT s approval on assessment of compensation price is not clear. Currently this submission is pending at Department of Finance of Ho Chi Minh City and EPMU is working with them on this issue. Nha Be District: CoLFD is preparing and identifying recovered land area for issuing decision of land acquisition, therefore, Compensation plan is not yet prepared up till now. Nhon Trach District: CoLFD is carrying out land acquisition for project and not yet started process for preparing Compensation Plan for relocating Power lines. Page 46
APPENDIX Page 47
Annex 1: Status on Handing over of land and Ground Clearance (ADB Section) No. Name of the tender package Province / district Chainage Km Phạm vi GPMB Total Length (M) Land Area (ha) Total budget (million VND) Paid (in VND million) Tình hình GPMB Total paid (ha) Handover rate (%) Total number of Households Number of households handed over Content of problems (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) I Package A1 Halla _ Vinaconex Km0+000 Km7+900 7,300 89.83 H.Bến Lức Km0+000 Km2+230 1,630 39.69 904,617 874,514 87.65 255,043 255,043 39.42 98% 842 826 99% 319 318 Super Court of Ho Chi Minh City have issued Document No 24/HTHA-DS dated 30 /8/2017: requirement of postponed execution of the sentence. The household have temporary haned over land to project to drill and conduct iron frame part for piers in August and Sepmtember 2017 afterward they re-paled Continue dialogy and mobilization to hand over land H.Cần Giuộc 2,260 13.34 154,268 154,268 13.34 100% 177 177 Finished End of September of 2017.Local authority have mobilized 03 HHs on main line to hand over land in 17 October 2017 H.Bình Chánh 3,410 36.80 495,306 465,203 34.89 95% 346 331 Currently, remaining 15 HHs are 2 sides of HW 1a have not handed over land with reason is low rate of compensation Local authority is contacting toeach HH to mobilize handver of land II Package A2-1 Kuddong - TC Km7+900 Km11+200 3,300 22.34 396,114 391,114 22.15 99% 293 289 H.Bình Chánh Km7+900 Km11+200 2,070 16.66 294,714 289,714 16.47 99% 230 226 Current. Remaining 4 households are disputing and local authority is waiting the court s decision to resolve H.Cần Giuộc Km8+120 Km9+120 1,230 5.68 101,400 101,400 5.68 100% 63 63 Finished
No. Name of the tender package Province / district Chainage Km Phạm vi GPMB Total Length (M) Land Area (ha) Total budget (million VND) Paid (in VND million) Tình hình GPMB Total paid (ha) Handover rate (%) Total number of Households Number of households handed over Content of problems III Package A2-2 Bình Chánh Km11+200 Km16+600 5,400 61.53 848,386 778,386 58.20 95% 580 532 Currently. Remaining 58 HHs are not yet handing over land, however wich of 11 households have commited that they will hand over land in October 2017 IV V Package A3 Package A4 Xã Hưng Long Km11+200 Km12+670 1,470 22.83 - - 21.8 96% 155 148 Xã Đa Phước Km12+670 Km16+600 3,930 38.70 36.4 94% 425 383 Halla _ Vinaconex Km16+600 Km18+713 2,113 9.68 153,375 153,375 9.68 100% 118 118 Finished H.Bình Chánh Km16+600 Km17+125 525 2.78 19,965 19,965 2.78 100% 5 5 Finished H.Nhà Bè Km17+125 K m18+713 1,588 6.90 133,410 133,410 6.90 100% 113 113 Finished H.Nhà Bè Km18+713 Km21+739 3,026 31.24 387,387 382,687 31.21 100% 226 225 Remaining 1 Household is not yet handed over land because problem of resettlement on bough agricultural land Local authority is dialogy and mobilization to hand over land in next October 2017 VI Package J1 Km21+739 Km24+503 2,764 11.46 173,775 173,775 11.46 100% 102 102 Finished 1 H.Nhà Bè Km21+739 Km23+580 1,841 8.08 159,295 159,295 8.08 100% 78 78 2 H.Cần Giờ Km23+580 Km24+503 923 3.38 14,480 14,480 3.38 100% 24 24 VII Package J2 H.Cần Giờ Km24+503 Km29+264 4,761 22.12 91,257 91,257 22.12 100% 153 153 Finished IIX Package J3 Km29+264 Km32+450 3,186 13.24 46,004 43,738 13.24 100% 107 107 IX Package A5 H.Cần Giờ Km29+264 Km30+700 1,436 5.19 19,044 19,044 5.19 100% 27 27 Finished H.Nhơn Trạch Km30+700 Km32+450 1,750 8.05 26,960 24,694 8.05 100% 80 80 Entangled 1 dispute disputes The court has trial, Dong Nai People's Committee is adjusting the compensation decision and negotiating for construction H.Nhơn Trạch Km32+450 Km35+900 3,450 21.10 65,935 63,620 19.23 91% 105 96 Paying now of compensation xã Phước Khánh 11.45 29,170 29,170 11.45 38 38 Handed over Page 49
No. Name of the tender package Province / district Chainage Km Phạm vi GPMB Total Length (M) Land Area (ha) Total budget (million VND) Paid (in VND million) Tình hình GPMB Total paid (ha) Handover rate (%) Total number of Households Number of households handed over Content of problems Xã Vĩnh Thanh 9.65 36,765 34,450 7.78 67 58 There are 6 households with 0.8 hectares of land have not received about 2.5 billion due to complaints about land positions. The district submitted a report to the Department of Natural Resources and Environment, DOLISA to send a notice to the commune requesting the farmers to collect new crops, structures and hand over the land. X Package A6 H.Nhơn Trạch Km35+900 Km52+400 16,500 115.01 305,301 131,991 80.20 70% 756 281 Handed over land 272 households with 29.5 ha in Vinh Thanh commune Xã Vĩnh Thanh 39.16 87,280 79,770 34.17 309 281 There are 28 households with area of 4.72 ha have not received money about 6.6 billion due to complaining land location. The district submitted a report to the Department of Natural Resources and Environment, DOLISA to send a notice to the commune requesting the farmers to collect new crops, structures and hand over the land. Xã Phước An 75.85 218,021 52,221 46.03 447 On 5 October 2017, Handed over 365 households equivalent to 60.8 ha in Vinh Thanh Commune. Remaining 78 HHs is not yet recieved compensation XI Package A7 Km52+400 Km57+700 5,300 31.46 180,609 47,323 14.81 47% 276 31 H.Nhơn Trạch Km52+400 Km53+100 700 3.64 1,180-1 - Xã Phước An 3.64 1,180 1 H.Long Thành Km53+100 Km57+700 4,600 27.82 179,429 47,323 14.81 275 31 From April 25, 2017 up to now, 170 households have been paid about 64 billion or 8.2 ha. On 2/8/2017 local authorities invited to hand over 2.3 hectares ( equivation : 29 HHs) Xã Long Phước 3.66 2,323 2,323 3.66 2 2 One Long Thanh protection forest organization was handed over and 3 households were handed over Page 50
No. Name of the tender package Province / district Chainage Km Phạm vi GPMB Total Length (M) Land Area (ha) Total budget (million VND) Paid (in VND million) Tình hình GPMB Total paid (ha) Handover rate (%) Total number of Households Number of households handed over Content of problems Xã Phước Thái 24.16 177,106 45,000 11.15 273 29 Handed over a Long Thanh protective forest organization and 29 Households Total 57,100 429.01 3,552,761 3,131,781 369.95 86% 3,558 2,759 Page 51
Annex 2: Critical Locations need urgent Ground Clearance and Handing Over ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member)
Annex 3: Notification of HCMC People s committee (PC) on license to construct New House (A resolution of obstruction in ground clearance of BLLT project) Page 53
HO CHI MINH CITY PEOPLE S COMMITTEE Office of Ho Chi Minh city PC SOCIALIST REPUBLIC OF VIỆT NAM Independent freedom happiness