Combined Resettlement Plan and Ethnic Minority Development ... · Combined Resettlement Plan and Ethnic Minority Development Plan December 2017 VIE: GMS Kunming-Haiphong Transport

Combined Resettlement Plan and Ethnic MinorityDevelopment Plan

December 2017

VIE: GMS Kunming-Haiphong Transport Corridor Noi Bai-Lao Cai Highway Project

Prepared by Vietnam Expressway Corporation for the Asian Development Bank. This is an addendum to the resettlement plan originally posted in March 2010 available on https://www.adb.org/projects/documents/kunming-hai-phong-transport-corridor-noi-bai-lao-cai-highway-project-tran-yen-dis

This combined resettlement plan and ethnic minority development plan addendum is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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REMDP 2010

First Addendum

REMDP 2015

Second Addendum

REMDP 2017

2017

Second Addendum Resettlement and Ethnic Minority Development Plan

Tran Yen District, Yen Bai Province

VIETNAM EXPRESSWAY CORPORATION

GMS: Kunming-Hai Phong Transport Corridor

Noi Bai-Lao Cai Highway Project

December 2017

i

ABBREVIATIONS

ADB Asian Development Bank

AH Affected Household

AP Affected Person

CCSC Committee for Compensation and Site Clearance

CPC Commune People’s Committee

DCCSC District Committee for Compensation and Site Clearance

DMS Detail Measurement Survey

DPC District People’s Committee

EMA External Monitoring Agency

GMS Greater Mekong Subregion

HH Household

IOL Inventory of Losses

LURC Land Use Rights Certificate

NEPMU Northern Expressway Project Management Unit

PCCSC Province Committee for Compensation and Site Clearance

PIB Project Information Booklet

PPC Provincial People’s Committee

PSC Project Supervision Consultant

RCS Replacement Cost Study

REMDP Resettlement and Ethnic Minority Development Plan

RTF Resettlement Task Force

SES Socio-economic Survey

TWPMU Transport Work Project Management Unit

VEC Vietnam Expressway Corporation

CURRENCY EQUIVALENTS

(As of 01 November 2017)

Currency unit: Vietnam Dong (VND) and US dollar ($)

$1 = VND 22,745

ii

DEFINITION OF TERMS

Compensation – This is payment given in cash or in kind to affected persons

(APs) at replacement cost or at current market value for

assets and income sources acquired or adversely affected by

the project.

Replacement cost – The level of compensation that is sufficient for an AH or AP

to acquire, build or purchase a replacement of assets

adversely affected by the project. The replacement cost is

calculated at current market price of the affected assets

without deduction for depreciation or salvageable materials

for structures, or of equal productivity or similar attributes in

the case of land where there is no active market. Transaction

costs, administrative charges such as taxes, titling costs, etc.

will be shouldered by the project owner or the executing

agency and not the AH or AP.

Severely affected

households

– This refers to AHs who (i) lose 10% or more of their total

productive assets, (ii) have to relocate, and/or (iii) lose 10%

or more of their total income sources due to the project.

Resettlement and

Ethnic Minority

Development Plan

(REMDP)

– A time-bound action plan that includes objectives, principles,

entitlements, specific activities, responsibilities of concerned

agencies, groups and individuals and budget for the purpose

of addressing the displacement of people from assets,

sources of incomes, homes, and communities towards

reconstructing their disrupted lives and improving or restoring

their standards of living to at least pre-displacement levels.

Replacement Cost

Study

– This refers to the process involved in determining

replacement costs of affected assets based on empirical

data.

Inventory of Losses

(IOL)

– This is the process where all fixed assets (i.e., lands used for

residence, commerce, agriculture, including ponds; dwelling

units; stalls and shops; secondary structures, such as

fences, tombs, wells; trees with commercial value; etc.) and

sources of income and livelihood inside the Project right-of-

way (ROW) are identified, measured, their owners identified,

their exact location pinpointed, and their replacement costs

calculated. Additionally, the severity of impact to the affected

assets and the severity of impact to the livelihood and

productive capacity of APs will be determined.

Detailed Measurement

Survey (DMS)

– With the use of approved detailed engineering drawings, this

activity involves the finalization and/or validation of the

results of the IOL, severity of impacts, and list of APs done

during preparation of resettlement plan (RP).

Affected – Refers to any person or persons, household, firm, private or

public institution that, on account of changes resulting from

iii

person/Affected

household (AP/AH)

the Project, will have its (i) standard of living adversely

affected; (ii) right, title or interest in any house, land

(including residential, commercial, agricultural, forest and/or

grazing land), water resources or any other moveable or

fixed assets acquired, possessed, restricted or otherwise

adversely affected, in full or in part, permanently or

temporarily; and/or (iii) business, occupation, place of work

or residence or habitat adversely affected, with or without

displacement.

Vulnerable groups – These are distinct groups of people who might suffer

disproportionately or face the risk of being further

marginalized by the effects of resettlement and specifically

include: (i) female headed households with dependents, (ii)

disabled household heads, (iii) households falling under the

generally accepted indicator for poverty, (iv) children and the

elderly households who are landless and with no other

means of support, and (v) landless households, (vi)

indigenous people or ethnic minorities.

Entitlement – Refers to a range of measures comprising compensation,

income restoration support, transfer assistance, income

substitution, relocation support, etc. which are due to the

APs, depending on the type and severity of their losses, to

restore their economic and social base.

Resettlement

– This includes all measures taken to mitigate any and all

adverse impacts of a project on AP property and/or

livelihoods, including compensation, relocation (where

relevant), and rehabilitation as needed.

Land acquisition – Refers to the process whereby an individual, household, firm

or private institution is compelled by a public agency to

alienate all or part of the land it owns or possesses to the

ownership and possession of that agency for public purposes

in return for compensation at replacement costs.

iv

TABLE OF CONTENTS

EXECUTIVE SUMMARY ................................................................................................... 7

I. PROJECT BACKGROUND ........................................................................................ 9

II. SCOPE OF LAND ACQUISITION IMPACTS ............................................................ 11

2.1. Measures to Minimize Additional Land Acquisition Impacts .................................. 11

2.2. Scope of Impacts .................................................................................................. 11

III. SOCIO-ECONOMIC PROFILE ................................................................................. 14

3.1. General Socio-Economic Information of Affected Communes .............................. 14

3.2. Socio-Economic Profile of Affected Households ................................................... 18

IV. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL

PARTICIPATION ............................................................................................................. 23

V. REPLACEMENT COST STUDY ............................................................................... 30

5.1. Objectives ............................................................................................................ 30

5.2. Methods ............................................................................................................... 30

VI. GRIEVANCE REDRESS MECHANISM.................................................................... 33

VII. LEGAL FRAMEWORK ............................................................................................. 34

7.1. Relevant Laws and Regulations of Vietnam ......................................................... 34

7.2. ADB Safeguard Policy and Requirements ............................................................ 35

7.3. Project Principles .................................................................................................. 36

VIII. ENTITLEMENTS ...................................................................................................... 38

8.1. Eligibility ............................................................................................................... 38

8.2. Entitlements.......................................................................................................... 38

IX. RELOCATION .......................................................................................................... 43

X. LIVELIHOODS AND INCOME RESTORATION ....................................................... 44

XI. COSTS AND BUDGET ............................................................................................. 45

11.1. Procedures for Flow of Funds ............................................................................. 45

11.2. Cost Estimates and Inflation Adjustment ............................................................ 45

11.3. Implementation, Administration and Contingency Costs ..................................... 45

11.4. Estimated Costs of Compensation and Assistance ............................................. 45

XII. INSTITUTIONAL ARRANGEMENTS ........................................................................ 47

12.1. Vietnam Expressway Corporation ....................................................................... 47

12.2. Provincial People’s Committee ........................................................................... 47

12.3. Yen Bai Province Committee for Compensation and Site Clearance .................. 47

12.4. District People’s Committee ................................................................................ 48

12.5. Tran Yen District Committee for Compensation and Site Clearance ................... 48

12.6. Commune People’s Committee .......................................................................... 48

12.7. Project Supervision Consultant ........................................................................... 48

XIII. IMPLEMENTATION AND MONITORING SCHEDULE ............................................. 50

APPENDICES ................................................................................................................. 51

Appendix 1: List of Consulted Persons ........................................................................ 51

Appendix 2: List of People Participated In The Consultations On The RCS In Tran Yen

District ......................................................................................................................... 53

v

Appendix 3: Scope of Additional Land Acquisition Impacts On Households ............... 55

Appendix 4: Minutes of Public Consultative Meetings And List of Participants ............. 61

Appendix 5: Project Information Booklet (PIB) ............................................................. 76

Appendix 6: Photos of consultation during the Second Addendum REMDP preparation

83

vi

LIST OF TABLES

Table 1: Scope of the Project in Yen Bai Province ............................................................ 9

Table 2: Scope of impacts on land .................................................................................. 11

Table 3: Accumulative proportion of agricultural land loss of the AHs .............................. 13

Table 4: Population of the affected communes ................................................................ 14

Table 5: Number of households engaged in agriculture in the affected communes ......... 15

Table 6: Percentage of working-age population in the affected communes ..................... 15

Table 7: Per capita income in the affected communes .................................................... 16

Table 8: Living conditions of households in the affected communes ................................ 16

Table 9: Percentage of vulnerable households ................................................................ 17

Table 10: Gender and age of surveyed affected householders ........................................ 19

Table 11: Educational attainment of surveyed affected householders ............................. 19

Table 12: Number of surveyed AHs and APs .................................................................. 21

Table 13: Levels of monthly income of surveyed AHs ..................................................... 21

Table 14: Summary of contents of public consultative meetings during the Addendum

REMDP preparation ........................................................................................................ 24

Table 15: Results of the survey on land prices in Tran Yen District ................................. 32

Table 16: Entitlement Matrix ............................................................................................ 39

Table 17: Total costs of compensation and assistance for the additional land acquisition

impacts ............................................................................................................................ 46

Table 18: Schedule for Implementation of the Second Addendum REMDP for Tran Yen

District ............................................................................................................................. 50

EXECUTIVE SUMMARY 7

EXECUTIVE SUMMARY

The GMS: Kunming-Hai Phong Transport Corridor - Noi Bai-Lao Cai Highway Project

(hereinafter referred to as the Project) is owned by the Vietnam Expressway Corporation

(VEC) and financed by Asian Development Bank (ADB). The Project highway has a total

length of 264km, starting at the interchange between Bac Thang Long - Noi Bai and

National Highway 2 in the District of Soc Son, Ha Noi City, crossing the provinces of Vinh

Phuc, Phu Tho, Yen Bai and Lao Cai before terminating at Bat Xat District, Lao Cai

Province.

As per ADB’s policy, the updated Resettlement and Ethnic Minority Development Plan

(REMDP) for Tran Yen District, Yen Bai Province was prepared and approved in 2010. To

date, all affected households (AHs) have received full compensation and assistance.

In 2015, VEC decided to acquire additional land at some locations to construct frontage

roads, culverts, talus and local government also has request on additional acquisition of

some areas of land that is no longer economically viable of households in 03 communes

of Tran Yen District. Therefore, the First Addendum REMDP for additional land acquisition

in Tran Yen District was prepared and approved in 2016.

In 2017, VEC decided to acquire additional land at some locations outside the project land

demarcation which is no longer cultivable and incapable of restoration due to inundation

and some areas which require land use conversion in the communes of Bao Hung, Minh

Quan, Minh Tien, Y Can and Quy Mong. Therefore, the Second Addendum REMDP for

additional land acquisition in Tran Yen District has been prepared.

Tran Yen District Committee for Compensation and Site Clearance (DCCSC) conducted a

detailed measurement survey (DMS) in August 2017. According to the DMS results,

11,754.93 m2 of paddy land of 35 households (173 persons) in Bao Hung, Minh Quan,

Minh Tien, Y Can and Quy Mong Communes which is inundated and incapable of

restoration requires permanent acquisition and 39,717.50 m2 of paddy land of 58

households (280 persons) in these communes which is located at high location without

access to irrigation system require land use conversion. The total number of households

with land affected is 90 (439 persons), of which, 03 households (14 persons) have land

requires both permanent acquisition and land use conversion, 32 households (159

persons) have land requires only permanent acquisition and 55 households (266 persons)

have land requires only land use conversion. Affected households can still use the land

which requires land use conversion.

The households whose land is affected by the additional land acquisition were all affected

by the construction of the project highway. All the 35 households with land permanently

acquired lose more than 10% of total agricultural land holding. However, it is noted that

these households were severely affected by the first land acquisition of the Project. In fact,

the additional land acquisition does not create more severely affected households. It just

results in the change in their proportion of agricultural land loss. There are no new

vulnerable affected households.

The policy on compensation and assistance resettlement applied for affected persons

(APs) will be compliant with Project policy as envisaged in the 2010 updated REMDP. In

cases where the regulations issued by the Provincial People’s Committee (PPC) provide

higher entitlements, compensation, assistance and resettlement for the additional land

acquisition will be in line with the PPC regulations to ensure that there will be no

EXECUTIVE SUMMARY 8

downgrading of entitlements. Compensation unit price will be compliant with replacement

cost.

Tran Yen DCCSC conducted a meeting with representatives of local authorities and AHs

in August 2017. During preparation of the Second Addendum REMDP, the consultant held

one more meeting with representatives of local authorities, mass organizations and

affected households in October 2017 with 125 attendees (31 female attendees). Project

information booklet (PIB) was prepared and distributed to the attendees. The information

that has been disseminated and consulted with the AHs and relevant parties comprises (i)

project introduction; (ii) summary of scope of additional land acquisition impacts; (iii)

entitlements; (iv) grievance redress mechanism and (v) Second Addendum REMDP

implementation schedule. After the Second Addendum REMDP is agreed, the

Vietnamese version will be posted at the CPC offices and in village cultural houses.

Resolution of grievances will be in accordance with the grievance redress mechanism

outlined in the agreed 2010 Updated REMDP. During the preparation of the Second

Addendum REMDP, the grievance redress mechanism as specified in the 2010 Updated

REMDP was disclosed to and discussed with all AHs. The grievance redress mechanism

was presented in the PIB.

The total estimated costs of compensation and assistance for the impacts by additional

land acquisition is VND 2,343,275,504 ($103,023.76). This total budget consists of costs

of compensation, assistance, resettlement and administration cost. VEC will ensure that

costs of compensation and assistance and unexpected costs will be provided in a

sufficient and timely manner in order to meet requirements and objectives of the project

compensation and assistance.

VEC, through the Northern Expressway Project Management Unit (NEPMU), is overall

responsible for the satisfactory implementation of land acquisition, compensation and

assistance. The Department of Finance and Planning under the NEPMU will provide

guidance to the DCCSC. Staff of the VEC will take part in the PCCSC and DCCSC.

The PCCSC and DCCSC through the Resettlement Task Force (RTF) coordinates with

the NEPMU and with assistance from the Project Supervision Consultant (PSC),

spearhead the Second Addendum REMDP implementation.

The Project Supervision Consultant will assist the NEPMU and the PCCSC and DCCSC

in ensuring that compensation and assistance are carried out in compliance with the

social safeguards laid out in the loan agreement.

Implementation of the Second Addendum REMDP will be carried out as soon as ADB’s

approval is secured. Payment of compensation and assistance will be completed in

December 2017.

Implementation of the Second Addendum REMDP will be monitored regularly to ensure

that it is implemented in line with the expected schedule and mitigation measures for

negative social impacts are sufficient and effective. In order to achieve these objectives,

monitoring of compensation and assistance will be undertaken by an independent

monitor. The PSC will undertake the internal monitoring.

PROJECT BACKGROUND 9

I. PROJECT BACKGROUND

The Asian Development Bank (ADB) on 14 December 2007 approved a loan of $1,096

million to help finance the GMS: Kunming-Hai Phong Transport Corridor: Noi Bai-Lao Cai

Highway Project (hereinafter referred to as the Project). The Vietnam Expressway

Corporation (VEC) of the Ministry of Transport (MOT) is the Executing Agency.

The Project highway has a total length of 264km, starting at the interchange between Bac

Thang Long - Noi Bai and National Highway No.2 in the District of Soc Son, Ha Noi City,

crossing the provinces of Vinh Phuc, Phu Tho, Yen Bai and Lao Cai before terminating at

Bat Xat District, Lao Cai Province.

The project construction is divided into 2 phases:

• Phase 1:

Construction of Noi Bai – Yen Bai section with 4 lanes with the total length of

121km.

Construction of Yen Bai – Lao Cai section with 2 lanes with the total length of

123km.

• Phase 2: Widening of Hanoi – Yen Bai section and Yen Bai – Lao Cai section

constructed in phase 1:

Widening Noi Bai – Yen Bai section from 4 lanes into 6 lanes.

Widening Yen Bai – Lao Cai section from 2 lanes into 4 lanes.

Construction of the last 20km of the Project highway, connecting Noi Bai – Lao

Cai Highway and Kunming – Hekou Highway

The Project highway is designed and constructed according to standard A. This highway

is aimed at not only socio-economic development and national defense safety in general,

but also at population restructure at right side of Red river-the North-Western region in

particular, giving momentum for economic restructure of ethnic minority

groups. Furthermore, the Project highway will create a linkage between economic

centers, industrial zones, and tourism and entertainment centers in the Northern region.

In Yen Bai Province, the Noi Bai – Lao Cai highway traverses through Tran Yen District,

Van Yen District and Yen Bai City with the total length of 80.631 km. Details on chainage

and the length of the highway section through Yen Bai Province are shown in the following

table.

Table 1: Scope of the Project in Yen Bai Province

Province

No. District Commune Chainage Length

(m) From To

Yen Bai

1

Tran Yen (1)

Minh Quan km109+755 - km116+008 6,253

Bao Hung km116+008 - km118+065 2,057

2

Yen Bai City

Hop Minh km118+065 - km120+610 2,545

Au Lau km120+610 - km123+760 3,150

3 Tran Yen Minh Tien km123+760 - km126+295 2,535


Province

No. District Commune Chainage Length

(m) From To

(2)

Y Can km126+295 - km130+388 4,093

Quy Mong km130+388 - km136+322 5,934

4

Van Yen

Hoang Thang km136+322 - km139+894 3,572

Xuan Ai km139+894 - km143+037 3,143

Yen Hop km143+037 - km148+353 5,316

An Thinh km148+353 - km154+028 5,675

Tan Hop km154+028 - km159+928 5,900

Dong An km159+928 - km169+011 9,083

Chau Que Ha km169+011 - km181+325 12,314

Chau Que Thuong

km181+325 - km190+386 9,061

The highway section in Tran Yen District goes through 5 communes of Minh Quan, Bao

Hung, Minh Tien, Y Can and Quy Mong with the total length of 20.872 km. The section

from km109+755 to km118+065 passes through 2 communes of Minh Quan and Bao

Hung and the section from km123+760 to km136+322 goes through 3 communes of Minh

Tien, Y Can and Quy Mong.

In consistence with ADB policy, a Resettlement and Ethnic Minority Development Plan

(REMDP) for Tran Yen District was approved by ADB in 2010. To date, all households

affected by the Project have received full compensation and assistance.


II. SCOPE OF LAND ACQUISITION IMPACTS

Some areas along the project highway in Bao Hung, Minh Quan, Minh Tien, Y Can and

Quy Mong Communes have been requested by the local authorities for additional

acquisition as they are no longer cultivable due to inundation and landslides. Other areas

of agricultural land which can not access to the local irrigation system have been

requested for land use conversion. Yen Bai PPC, on 5 April 2016 sent the Letter

No.639/UBND-XD on agreement on the treatment and allocation of budget to address the

impacts outside the project land demarcation in Yen Bai Province to the Ministry of

Transport, of which the affected land in Tran Yen district comprises 9,348 m2 of land

requiring permanent acquisition and 34,313 m2 of land requiring land use conversion.

However, results of the DMS conducted by Tran Yen DCCSC indicate that the area of

affected land is larger than the area specified in the Letter (see item 2.2 below).

2.1. Measures to Minimize Additional Land Acquisition Impacts

With the aim of mitigating the negative impacts of the Project, representatives of Tran Yen

DPC, NEPMU, Yen Bai TWPMU, People’s Committees of Bao Hung, Minh Quan, Minh

Tien, Y Can and Quy Mong Communes and PSC cooperated to survey the affected area

and identify the areas affected by inundation and landslides which cannot be restored and

require permanent acquisition. Affected households can continue cultivating on the

affected areas which can be restored or converted to other uses and does not require to

be permanently acquired. The AHs will receive assistance for the land requiring land use

conversion.

2.2. Scope of Impacts

Impacts on Land

The additional land acquisition affects 51.472,43 m2 of agricultural land of 90 households

(433 persons) in Bao Hung, Minh Quan, Minh Tien, Y Can and Quy Mong Communes.

This area consists of 11,754.93 m2 of land which is incapable of restoration due to

inundation and requires permanent acquisition – this land belongs to 35 households (173

persons) and 39,717.50 m2 of land which cannot access to irrigation due to locating at

high location and requires only land use conversion – this land belongs to 58 households

(280 persons). The AHs with land requiring land use conversion can still use the land after

it is converted into other uses. The entire area of land affected in this additional acquisition

is paddy land. No household has residential land affected.

The total AHs comprises 24 households (105 persons) in Bao Hung Commune, 19

households (104 persons) in Minh Quan Commune, 14 households (59 persons) in Minh

Tien Commune, 18 households (87 persons) in Quy Mong Commune and 16 households

(78 persons) in Y Can Commune. The table below provides scope of impacts on land in

each affected commune.

Table 2: Scope of impacts on land

Commune

Permanent

acquisition Land use conversion Total

Affected

area (m2)

No. of

AHs

Affected

area (m2)

No. of

AHs

Affected

area (m2)

No. of

AHs

SCOPE OF LAND ACQUISITION IMPACTS 12

Commune

Permanent

acquisition Land use conversion Total

Affected

area (m2)

No. of

AHs

Affected

area (m2)

No. of

AHs

Affected

area (m2)

No. of

AHs

Bao Hung 476.24 3 15,131.00 21 15,607.24 24

Minh Quan 499.2 3 11,284.40 16 11,783.60 19

Minh Tien 2,096.04 6 4,180.20 8 6,276.24 13

Quy Mong 6,898.80 16 766.8 2 7,665.60 18

Y Can 1,784.65 7 8,355.10 11 10,139.75 16

Total 11,754.93 35 39,717.50 58 51,472.43 901

Source: Results of DMS, August 2017

According to the consultation with Tran Yen DCCSC and CPC officers, these 90

households were affected by the project previous land acquisition. All the AHs have

LURC; they therefore are eligible for compensation and assistance provided by the

Project.

Impacts on Trees and Crops

The affected area has been no longer cultivable for a long time so at the time of land

acquisition, there were no crops and trees on the land.

Impacts on Public Assets

The entire area of land which requires additional acquisition and/or land use conversion

belongs to households. No public land is affected.

Impacts on Vulnerable Households

Of the 90 AHs, 13 households (59 persons) are vulnerable. These households consist of

07 poor households (33 persons), 03 female-headed households (15 persons) and 03 (11

persons) households with disabled member. It is noted that these households were

affected by the construction of the project highway; they already participated in the project

income restoration program and received assistance for vulnerable households.

Impacts on Livelihoods and Income

Of the 90 AHs, 58 AHs have land which can be restored and requires only land use

conversion. These AHs can still use this land for growing perennial trees, timber trees or

for other purposes instead of growing paddy as its original use.

For 35 households who have land requiring permanent acquisition, according to their

accumulative proportion of land loss, they lose more than 10% of total land holding.

However, these households were severely affected by the first land acquisition of the

Project. In reality, this additional land acquisition does not create more severely affected

households. It just results in the change in their proportion of agricultural land loss.

1 01 AH in Minh Tien Commune and 02 AHs in Y Can Commune have land which requires both permanent acquisition and land use conversion.

SCOPE OF LAND ACQUISITION IMPACTS 13

Accumulative proportion of agricultural land loss of the AHs is as follows: 17 AHs (91

persons) losing 10 – 30%, 09 AHs (46 persons) losing 30 – 50%, 08 AHs (31 persons)

losing 50 – 70% and 01 AH (05 persons) losing more than 70% of total agricultural land

holding.

Table 3: Accumulative proportion of agricultural land loss of the AHs

Items

No. of AHs

affected by

the

previous

land

acquisition

Proportion

of

previous

land loss

Accumulative proportion of agricultural land

loss (after additional land acquisition)

< 10% 10-

30% 30-50% 50-70% >70%

No. of AHs 0 <10%

- - - - -

No. of APs 0 - - - - -

No. of AHs 24 10-30%

- 17 7 - -

No. of APs 127 - 91 36 - -

No. of AHs 8 30-50%

- - 2 5 1

No. of APs 36 - - 10 21 5

No. of AHs 3 50-70%

- - - 3 -

No. of APs 10 - - - 10 -

No. of AHs 0 > 70%

- - - - -

No. of APs 0 - - - - -

No. of AHs 35 Total

0 17 9 8 1

No. of APs 173 0 91 46 31 5

Thus, there are 13 AHs (62 persons) whose proportion of agricultural land loss has been

changed after this additional land acquisition, of which, 07 AHs (36 persons) have

proportion of agricultural land loss changing from 10 – 30% to 30 – 50%, 05 AHs (21

persons) have proportion of agricultural land loss changing from 30 – 50% to 50 – 70%

and 01 AH (05 persons) has proportion of agricultural land loss changing from 30 – 50%

to over 70%.

SOCIO-ECONOMIC PROFILE 14

III. SOCIO-ECONOMIC PROFILE

In October 2017, social specialists of the Project Supervision Consultant conducted a

socio-economic survey (SES) for the households affected by the additional land

acquisition of the Noi Bai – Lao Cai Highway Project in Bao Hung, Minh Quan, Minh Tien,

Y Can and Quy Mong Communes. The SES was performed by questionnaire for 67 AHs

(316 APs) comprising 100% of AHs with land requiring permanent acquisition (35 AHs)

and 55% of AHs with land requiring land use conversion (32 AHs). Moreover, the

specialists also conducted 10 in-depth interviews and focus-group discussions with local

government representatives and leaders of mass organizations and groups of households

having more land affected than others to collect general socio-economic information/data

of each affected commune as well as affected households.

3.1. General Socio-Economic Information of Affected Communes

Population

According to the collected socio-economic information, the total population of Bao Hung,

Minh Quan, Minh Tien, Y Can and Quy Mong Communes is 18,025, of which 9,044

people are female, accounting for 50.17% of the total population.

The total number of households living in the affected communes is 4,916. The average

size of each household is 3.67. Details on number of household members in the affected

communes are presented in the following table.

Table 4: Population of the affected communes

No. Commune Total No. of HHs Total population

Male Female Total

1 Bao Hung 804 1,463 1,500 2,963

2 Minh Tien 457 779 795 1,574

3 Minh Quan 1,235 2,134 2,236 4,370

4 Y Can 979 1,952 1,611 3,463

5 Quy Mong 1,441 2,753 2,902 5,655

Total 4,916 9,081 9,044 18,025

Source: Socioeconomic statistics of the affected communes in the first six months of 2017

Labor and Occupation

Agriculture is still main occupation of households in Tran Yen District in general and in the

affected communes in particular. Of 4,916 households, 3,979 households are engaged in

agriculture, representing 80.94%. The following table provides details on number of

households engaged in agriculture.


Table 5: Number of households engaged in agriculture in the affected communes

No. Commune Total No. of HHs

No. of HHs

engaged in

agriculture

No. of HHs

engaged in non-

agricultural

occupations

1 Bao Hung 804 651 153

2 Minh Tien 457 442 15

3 Minh Quan 1,235 633 602

4 Y Can 979 900 79

5 Quy Mong 1,441 1,353 88

Total 4,916 3,979 937

% per total No. of HHs 100 80.94 19.06


The total number of people of working age in the affected communes is 11,309,

representing 62.74% of total population. Of the total working age population, 5,685 people

are male (accounting for 50.27%) and 5,634 people are female (accounting for 49.73%).

Of 11, 309 people of working age, employed ones represent 96.22%. Detailed information

on working-age population of the affected communes is shown in the table below.

Table 6: Percentage of working-age population in the affected communes

No. Commune Total

population

# working-age population # employed

working-age

population Total Male

Femal

e

1 Bao Hung 2,963 1,757 985 772 1,728

2 Minh Tien 1,574 1,036 554 492 996

3 Minh Quan 4,370 2,873 1,193 1,680 2,746

4 Y Can 3,463 2,150 1,125 1,025 2,150

5 Quy Mong 5,655 3,493 1,828 1,665 3,261

Total 18,025 11,309 5,685 5,634 10,881


Since the main occupation of most households in the affected communes is agriculture

(farming and livestock breeding) which depend mostly on weather conditions, their income

is not stable. Average annual income per capita in the affected communes is VND

24,900,000. According to the socioeconomic statistics of the affected communes in the

first six months of 2017, per capita income in the communes is as follows.


Table 7: Per capita income in the affected communes

No. Commune Per capita income

(VND/person/year)

1 Bao Hung 24,500,000

2 Minh Tien 26,000,000

3 Minh Quan 26,000,000

4 Y Can 22,000,000

5 Quy Mong 26,000,000

Average annual income per capita 24,900,000


Living conditions

All households in the affected communes use electricity from national grid and most of

them use water from dug well or drilled well. The households using tap water represents

small percentage. The following table describes percentage of households using dug

well/drilled well water and percentage of households using septic tank toilet in the affected

communes.

Table 8: Living conditions of households in the affected communes

No. Commune Grid electricity

(%)

Septic tank

toilet

(%)

Water from

dug/drilled well

(%)

1 Bao Hung 100 80 70

2 Minh Tien 100 75 57

3 Minh Quan 100 70 64

4 Y Can 100 58.7 73

5 Quy Mong 100 48.1 51


Vulnerable households

The total number of vulnerable households in the 05 affected communes is 3,248,

accounting for 66.07% of the total number of households. The vulnerable households

consist of 1,027 poor households (20.89%), 70 female-headed households (1.42%), 1,282

ethnic minority households (26.08%), 356 households with disabled member (7.24%), 81

households of lonely old people (1.65%) and 432 households with member having

contribution to the revolution (8.79%). Details on the number of vulnerable households

disaggregated by commune and criteria group are presented in the following table.


Table 9: Percentage of vulnerable households

N

o. Commune

Total

No.of

HHs

Poor HH Female-headed

HH

Ethnic minority

HH

HH of lonely

old people

and/or orphans

HH with

disabled

member

HH with

member having

contribution to

the revolution

# % # % # % # % # % # %

1 Bao Hung 804 43 5.35 10 1.24 37 4.60 5 0.62 44 5.47 37 4.60

2 Minh Tien 457 79 17.29 15 3.28 59 12.91 8 1.75 33 7.22 60 13.13

3 Minh Quan 1,235 221 17.89 13 0.00 30 2.43 6 0.49 133 10.77 45 3.64

4 Y Can 979 207 21.14 21 2.15 293 29.93 7 0.72 62 6.33 91 9.30

5 Quy Mong 1,441 477 33.10 11 0.00 863 59.89 55 3.82 84 5.83 199 13.81

Total 4,916 1,027 20.89 70 1.42 1,282 26.08 81 1.65 356 7.24 432 8.79



3.2. Socio-Economic Profile of Affected Households

Socio-economic information of affected householders

The SES covered 67 AHs (316 APs) comprising 100% of households having land

requiring additional acquisition (35 AHs) and 55% of households having land requiring

land use conversion (32 AHs). The SES results show that of the 67 AHs, 47 have male

householders (70.15%) and 20 have female householders (29.85%). The following table

provides details on gender and age of affected householders in each affected commune.


Table 10: Gender and age of surveyed affected householders

Commune

No. of surveyed AHs

Male HH head Female HH head Age of affected household heads

18-40 40 - 60 >60

# % # % # % # % # %

Bao Hung 15 10 14.93 5 7.46 4 26.67 9 60.00 2 13.33

Minh Quan 13 8 11.94 5 7.46 4 30.77 6 46.15 3 23.08

Minh Tien 10 8 11.94 2 2.99 2 20.00 8 80.00 0.00

Quy Mong 17 13 19.40 4 5.97 4 23.53 12 70.59 1 5.88

Y Can 12 8 11.94 4 5.97 2 16.67 7 58.33 3 25.00

Total 67 47 70.15 20 29.85 16 23.88 42 62.69 9 13.43

Source: Results of SES, October 2017

Most of the surveyed affected householders are married (76.12%). The remainders are widowed (13.43%) and single (10.45%). The table below

shows the educational attainment of the affected householders.

Table 11: Educational attainment of surveyed affected householders

Commune

No. of

surveyed AHs

Educational attainment

Illiteracy Primary school Secondary school High school College/University

# % # % # % # % # %

Bao Hung 15 1 6.67 5 33.33 6 40.00 2 13.33 1 6.67

Minh Quan 13 3 23.08 2 15.38 3 23.08 4 30.77 1 7.69

Minh Tien 10 0.00 4 40.00 4 40.00 2 20.00 0.00


Commune

No. of

surveyed AHs

Educational attainment

Illiteracy Primary school Secondary school High school College/University

# % # % # % # % # %

Quy Mong 17 6 35.29 3 17.65 7 41.18 1 5.88 0.00

Y Can 12 0.00 6 50.00 5 41.67 1 8.33 0.00

Total 67 10 14.93 20 29.85 25 37.31 10 14.93 2 2.99



The affected households are mostly engaged in agricultural activities such as farming and

livestock breeding. Forty-eight (48) affected householders are engaged in agriculture

(71.64%). Other householders whose main occupation is small business, unskilled worker

or state employee account for 7.46%, 5.97% and 4.48% of the total number of affected

householders representatively. The unemployment rate among affected householders is

5.97%. In addition, a small number of affected householders do other occupations.

Socio-economic information of affected households

Demographic information

As aforementioned, the total number of households affected by the additional land

acquisition in Tran Yen District is 90 with 433 persons. The mean number of household

members is 487. Of the 433 APs, female people represent 53.81% (233 persons).

The table below provides demographic information of the affected households (67 AHs

with 316 APs) who participated in the SES.

Table 12: Number of surveyed AHs and APs

Commune # surveyed

AHs

AH member

Male Female Total

# % # % # %

Bao Hung 15 29 46.77 33 53.23 62 19.62

Minh Quan 13 27 42.19 37 57.81 64 20.25

Minh Tien 10 20 41.67 28 58.33 48 15.19

Quy Mong 17 40 48.78 42 51.22 82 25.95

Y Can 12 27 45.00 33 55.00 60 18.99

Total 67 143 45.25 173 54.75 316 100.00


The age groups of affected household members are under 15 (19.63%), 15-30 (28.38%),

31 – 45 (19.89%), 46 – 60 (19.89%) and above 60 (12.21%).

Labor, occupation and income

Of the 316 surveyed APs, employed people represent 72.6%. Percentage of female and

male APs of working age is distributed quite evenly. Agriculture is the main occupation of

almost all of the AHs; it therefore is their main source of income. The table below

describes detailed levels of monthly income of the AHs in the affected communes.

Table 13: Levels of monthly income of surveyed AHs

Commune

Levels of monthly income

< VND 1 million VND 1-3 million VND 3-5 million >VND 5 million

# % # % # % # %

Bao Hung 0 0 0 0,00 2 13,33 13 86,67


Commune

Levels of monthly income

< VND 1 million VND 1-3 million VND 3-5 million >VND 5 million

# % # % # % # %

Minh Quan 0 0 1 7.69 1 7.69 11 84.62

Minh Tien 0 0 1 10.00 2 20.00 7 70.00

Quy Mong 0 0 2 11.76 2 11.76 13 76.47

Y Can 0 0 2 16.67 3 25.00 7 58.33

Total 0 0 6 8.96 10 14.93 51 76.12


Living conditions

Of the 67 surveyed AHs, there are 40 AHs living in one-storey tiled house (31.16%), 10

AHs living in one-storey flat roofed house (7.79%), 03 AHs living in two or three-storey

house (2.33%). Furthermore, temporary house and thatched house amount to a smaller

percentage.

All the AHs have been using grid electricity for lighting, entertainment or other daily

domestic purposes. Most of the AHs use water from dug well for their daily activities.

Moreover, a number of AHs use water from pond, lake or public tap. Of the surveyed

affected households, 24 AHs (36.05%) have septic tank toilet. Percentage of AHs using

pit latrine is 27.91%, single vault composting latrine 22.09% and double vault composting

latrine 15.12%. Most of the surveyed households (43 AHs – 65.12%) use firewood and

coal as their main cooking energy. The remainders of AHs use biogas as their primary

cooking energy.

Access to basic infrastructures

The affected households in Tran Yen District can access to public services such as

commune health clinic, primary school, CPC office, market, cultural house, etc. quite

easily. The mean distance between their homes to these places is relatively short, from

1km to 3km. Inter-commune and inter-district roads have been all asphalted so villagers

can travel on the roads in both the dry and rainy seasons favorably.

Gender issues

Currently, gender issues have been no longer sensitive or concerned ones in the affected

communes. Male and female members share domestic works, participation in activities of

mass organizations, household income generation and decision making.

INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL PARTICIPATION 23

IV. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL

PARTICIPATION

During the preparation of the Second Addendum REMDP for the additional land

acquisition impacts in Tran Yen District, the consultant worked with Yen Bai TWPMU,

Tran Yen DCCSC, People’s Committees and mass organizations of Bao Hung, Minh Tien,

Minh Quan, Y Can and Quy Mong Communes to disclose relevant information to and

consult with relevant stakeholders and households affected by the additional land

acquisition.

Public consultations and information disclosure have been carried out in October 2017.

The VEC and its Consultant worked with representatives of local authorities such as CPC

chairperson, cadastral officer, representatives of mass organizations such as Fatherland

Front Committee, and Women’s Union. During the consultations, concerned stakeholders

discussed: (i) scope of additional land acquisition (area and number of households having

land requiring additional acquisition and that requiring land use conversion); (ii)

entitlements of AHs; (iii) implementation schedule; and (iv) grievance redress mechanism.

Project information booklet (PIB) comprising all of the information mentioned above has

been prepared and distributed to AHs in the public consultative meetings. This document

is attached in Appendix 5. There are a total of 125 participants in the meetings, of which

female participants account for 24.8%. List of consulted officers is provided in Appendix 1.

Contents of the meetings are recorded by meeting minutes which are attached in

Appendix 4.

In August 2017, Tran Yen DCCSC held a consultative meeting with representatives of

local authorities and affected households prior to DMS to reach agreement on the

additional acquisition of the land which cannot be restored and land use conversion for the

land which can be restored.

The following table summarizes the contents that were discussed and agreed upon by

AHs, local authorities, and other relevant stakeholders in the consultative meetings in the

affected communes.


Table 14: Summary of contents of public consultative meetings during the Addendum REMDP preparation

Consultative Meetings Issues discussed Opinions of concerned

parties

Agreements Reached with Affected

Households

Consultation with

representatives of local

authorities and AHs in Bao

Hung Commune in August

2017 and on 12 October

2017.

No. of participants: 31 (22

male participants and 09

female participants)

(i) Land areas requiring

additional acquisition and

those requiring land use

conversion;

(ii) Entitlements on

compensation and

assistance of AHs;

(iii) Schedule for

implementation of project

activities;

(iv) Grievance redress

mechanism

The unit price of

compensation for affected

land should be satisfactory

and reasonable.

Additionally affected land will be compensated

at replacement cost. The Consultant

conducted RCS to determine compensation

unit price applied for the Project.

For the land which can be restored and just

requires land use conversion, the land users

will be entitled to assistance in compliance

with Yen Bai PPC’s regulations.

In addition to compensation

for the affected land, the

Project should provide

additional assistance for AHs

to restore their economy.

In addition to compensation for the affected

land, AHs will also be provided with other

assistances from the Project to restore their

economy such as assistance for life and

production stabilization and assistance for job

transition and job creation.

AHs will receive assistance for the land which

can be restored and just requires land use

conversion.

AHs expect to be

participated in the Income

Restoration Program of the

Project.

Eligible AHs will be entitled to take part in the

Project Income Restoration Program.

However, eligible households who already

participated in the Income Restoration

Program designed for the previous land

acquisition will not be entitled to take part in



parties


Households

the Income Restoration Program designed for

this additional land acquisition.

The frontage road in Dong

Quyt Village – Bao Hung

Commune has been affected

by landslides causing

difficulty for villagers in

travelling on the road. The

AHs in this village request

the project owner and related

stakeholders to repair the

road.

The project owner and related stakeholders

shall conduct a survey and consider for

repairing the road.

Consultation with


authorities and AHs in Minh

Tien Commune in August


2017.







conversion;


compensation and

assistance of AHs;

(iii) Schedule for


activities;

Some agricultural land areas

of households in the

commune are affected by

inundation and deposit and

cannot be restored.

The affected land which cannot be restored

will be acquired and which can be restored will

be converted into other uses. The land users

will receive assistance for that land.

The grievance redress

mechanism for grievances

related to any aspect of the

Project should be disclosed

to households in the

communes.

The grievance redress mechanism for

grievances related to any aspect of the Project

was disclosed to affected households in public

meetings.



parties


Households


mechanism

The Project authorities

should complete the

infrastructures such as

frontage roads, box culverts

and drainage to avoid

affecting households.

The project items will be examined and

completed to avoid impact on households.

Consultation with


authorities and AHs in Minh

Quan Commune in August


2017.







conversion;


compensation and

assistance of AHs;

(iii) Schedule for


activities;


mechanism

Due to impact of landslides,

agricultural land of affected

households has been buried

by soil, rocks, mud and other

debris. AHs should be fully

compensated for the impact.

Apart from compensation, households with

land requiring permanent acquisition will be

entitled to assistance for job transition and

assistance for life stabilization. Households

with land requiring land use conversion will be

entitled to assistance promulgated by Yen Bai

PPC.

Income restoration activities

should be designed and

carried out for this additional

land acquisition.

Eligible households will be entitled to

participate in the project income restoration

program.

However, eligible households who already

took part in the project income restoration

program designed for previous land

acquisition will not be entitled to take part in

the program designed for this additional land

acquisition.



parties


Households

AHs expect to receive

compensation and

assistances as soon as

possible.

Compensation and assistances will be paid to

AHs by lump-sum as soon as the Second

Addendum REMDP is acceptable to ADB and

VEC forwards funds for compensation and

assistance to Tran Yen DCCSC.

Consultation with


authorities and AHs in Quy

Mong Commune in August


2017.







conversion;


compensation and

assistance of AHs;

(iii) Schedule for


activities;


mechanism

Policies on compensation

and assistance for the

affected land located outside

the project land demarcation.

Additionally acquired land will be

compensated at replacement cost. The

Consultant conducted RCS to determine

compensation unit price applicable to the

Project.

For the land which can be restored and just

requires land use conversion, the land users

will be entitled to assistance in compliance

with Yen Bai PPC’s regulations.

For the agricultural land

which is no longer cultivable,

AHs request the project

authorities to compensate for

the lost cropping seasons.

In addition to compensation for the affected

land and assets upon land, AHs will also be

provided with other assistances from the

Project to restore their economy such as

assistance for life and production stabilization

and assistance for job transition and job

creation.



parties


Households

AHs expect to receive

compensation and

assistances as soon as

possible.

Compensation and assistances will be paid to

AHs by lump-sum as soon as the Second

Addendum REMDP is acceptable to ADB and

VEC forward funds for compensation and

assistance to Tran Yen DCCSC.

Consultation with


authorities and AHs in Y

Can Commune in August


2017.







conversion;


compensation and

assistance of AHs;

(iii) Schedule for


activities;


mechanism

Inundation and landslides

caused by the project

highway operation have

impacted on households’

agricultural land. For the land

which can be restored, AHs

request the project

authorities to provide cash

assistance for them to

convert the land to other

uses. For the land which

cannot be restored, AHs

request the project

authorities for permanent

acquisition.

The land which cannot be restored will be

permanently acquired. The land which can be

restored will be converted to other uses. AHs

will receive assistance corresponding to the

area of affected land in accordance with Yen

Bai PPC’s regulations.



parties


Households

Some box culverts and

frontage roads have been

inundated causing difficulty

for villagers’ travel so the

project authorities should

handle this issue as soon as

possible.

The items will be examined and repaired to

minimize impact on villagers.

The opinions of relevant parties raised in the meetings have been integrated in the Addendum REMDP. This version was also shared with

village heads and other concerned parties for review and feedback. Their feedbacks were already incorporated in the draft submitted to ADB for

review. The final version of the Second Addendum REMDP will be uploaded on ADB’s website and the final addendum in Vietnamese will be

posted at the CPC headquarters after being accepted by ADB. Reports on monitoring of compensation and assistance implementation will be

shared with relevant stakeholders and uploaded on ADB’s website.

REPLACEMENT COST 30

V. REPLACEMENT COST STUDY

5.1. Objectives

Replacement cost study is conducted to establish compensation rates for affected

land, structures, trees, crops and other income not derived from land (e.g: business,

fish farming, etc.) to ensure compensation for AHs at replacement cost.

The Project Supervision Consultant (PSC) conducted the RCS in October 2017. The

results of this RCS were used to calculate compensation at full replacement cost as

required by ADB’s safeguard policy statement (SPS 2009).

The entire area of land requiring additional acquisition and land use conversion is

agricultural land. The PSC, therefore, only focused on actually affected properties in this

RCS.

5.2. Methods

The market price is the amount for which asset should exchange ownership on the date of

valuation between a willing buyer and a willing seller in an arm’s-length transaction after

proper marketing in which the parties had each acted knowledgeably, prudently, and

without compulsion or restriction.

Replacement cost of an asset is calculated at prevailing current market rate plus any

transaction costs and other administrative charges (if any) to replace the loss of this asset.

Legal documents used for the RCS consist of:

Documents of the Government and related Ministries:

- Law on prices No.11/2012/QH13 of June 20, 2012;

- Law on Land No. 45/2013/QH13 of November 29, 2013.

- Decree No. 38/2013/ND-CP of April 23, 2013, on management and use of official

development assistance (ODA) and concessional loans of donors.

- Decree No.89/2013/ND-CP of August 06, 2013, detailing implementation of a

number of articles of the price Law on appraisal of prices.

- Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the

implementation of the Law on price;

- Decree No. 43/2014/NĐ-CP of May 15, 2014 detailing a number articles and

clauses of Land Law No. 45/2013/QH13;

- Decree No. 44/2014/NĐ-CP of May 15, 2014 regulating land prices;

- Decree No. 47/2014/NĐ-CP of May 15, 2014 regulating compensation, assistance

and resettlement in the event of land acquisition by the State;

- Circular No. 06/2014/TT-BTC of January 07, 2014 of Ministry of Finance,

promulgating the thirteenth price appraisal standard.

- Circular No. 37/2014/TT-BTNMT of June 30, 2014 detailing compensation,

support, and resettlement upon land expropriation by the State;

- Decision No. 24/2005/QD-BTC of April 18, 2005 of Ministry of Finance

promulgating three standards on price appraisal in Vietnam.

REPLACEMENT COST 31

- Decision No. 77/2005/QD-BTC of November 01, 2005 of Ministry of Finance,

promulgating three standards on price appraisal in Vietnam (the second time).

- Decision No. 129/2008/QD-BTC of December 21, 2008 of Ministry of Finance,

promulgating six standards on price appraisal (the third time).

ADB’s Policies:

- ADB’s Safeguard Policy Statement (SPS 2009);

Documents of Yen Bai Provincial People’s Committee relating to compensation and

assistance:

- Decision No. 06/2008/QĐ-UBND, dated 24 April, 2008 - provision on

compensation, support and resettlement; Compensation unit prices of assets,

trees, crops which will be affected by the Noi Bai – Lao Cai Highway Project in Yen

Bai Province.

- Decision No. 19/2008/QĐ-UBND, dated 04 September 2008 – Amending and

supplementing some articles of the Decision No. 06/2008/QĐ-UBND, dated 24

April, 2008 - regulation on compensation, support and resettlement;

Compensation unit prices of assets, trees, crops which will be affected by the Noi

Bai – Lao Cai Highway Project in Yen Bai Province.

- Decision No. 703/QĐ-UBND, dated 21 May 2009 – Regulation on support and

allowances for the affected households by the Noi Bai – Lao Cai Highway Project.

- Decision No. 39/2014/QĐ-UBND of Yen Bai PPC dated 31/12/2014 – Regulation

on classification of road, position and prices of land in Yen Bai Province in 2015.

- Decision No. 07/2014/QĐ-UBND dated 08/04/2014 of Yen Bai PPC, amending and

supplementing a number of articles of Decision No.06/2008/QĐ-UBND dated 24

April, 2008 - regulation on compensation, support and resettlement; Compensation

unit prices of assets, trees, crops which will be affected by the Noi Bai – Lao Cai

Highway Project in Yen Bai Province; and Decision No.19/2008/QĐ-UBND, dated

04 September 2008 –Amending and supplementing a number of articles of the

Decision No. 06/2008/QĐ-UBND.

Calculation of replacement cost was conducted based on the information collected from

desk study and interviews with affected and non-affected people in the affected area.

Desk study focused on relevant documents, Government’s regulations at central and local

levels. However, these documents only play a supporting role. Since the objective of the

RCS is to determine reasonable replacement costs of affected assets, the evidences

collected on the scene are considered as a key factor to calculate these costs. Direct

interviews with people in the affected area, including those whose assets are affected by

the Project and those who are not affected, will provide reliable data for calculating

replacement cost; and the independent commercial transaction in normal market

conditions.

Land: The consultant conducted interviews with officers of the Division of Natural

Resources and Environment and the Land Use Rihts Registration Office of Tran Yen

District, commune and village leaders, affected households and a number of unaffected

households to determine (i) recent land use rights transfer price in the project area and (ii)

price, at which owners (affected and unaffected persons) are willing to sell their land; (iii)

REPLACEMENT COST 32

transaction costs involved such as administrative charges, taxes, registration and titling

costs. The total number of respondents is 40.

Interviewed community and the affected households confirmed that there was no

transaction of agricultural land in the project area in the last 12 months. The Consultant

has conducted interviews with local people on the price at which they are willing to sell as

well as willing to buy their agricultural land and consultation with local people about the

compensation unit price issued by Yen Bai PPC.

The following table provides a comparison among compensation unit prices of land issued

by Yen Bai PPC, average surveyed unit prices of land and proposed compensation unit

price of affected land.

Table 15: Results of the survey on land prices in Tran Yen District

No. Type of land

PPC’s compensation

unit price (as per

Decision No.

39/2014/QĐ-UBND)

(VND/m2)

Average

surveyed

replacement

cost

(VND/m2)

Proposed

compensation

unit price

(VND/m2)

1 Paddy land 35,000 34,780 35,000

Source: Results of RCS, October 2017

According to the RCS results, compensation unit price of agricultural land in the project

area under Decision No. 39/2014/QĐ-UBND dated 31/12/2014 by Yen Bai PPC is

basically reasonable.

The affected households opined that the compensation unit price is acceptable and

sufficient for them to buy a new land with the same area, position and production

conditions. This is shown in the minutes of public consultative meetings attached in

Appendix 4. Therefore, the Consultant has proposed to apply the PPC’s compensation

unit price for the land affected by the additional acquisition.

Results of the RCS were discussed and agreed upon by representatives of local

authorities and AHs in the public meetings. List of people participated in the interviews

during the RCS implementation in October 2017 is given in Appendix 2. The proposed unit

prices were used to calculate compensation for the affected households. Payment of

compensation will be made in line with the approved detailed compensation plans.

However, if there is any delay in the payment, the unit prices should be reviewed and

adjusted if necessary to ensure that compensation made at the time of payment will be at

replacement cost.

GRIEVANCE REDRESS MECHANISM 33

VI. GRIEVANCE REDRESS MECHANISM

Grievances related to any aspect of the Project will be handled through negotiation

aimed at achieving consensus. Complaints will pass through 4 stages. VEC will

shoulder all administrative and legal fees that might be incurred in the resolution of

grievances and complaints. The Grievance Redress Mechanism is presented in detail in

the agreed 2010 Updated REMDP.

If an acceptable solution is not arrived at through the Project Grievance Redress

Mechanism, a group of at least two affected persons may lodge a complaint directly to the

Southeast Asia Department via Vietnam Resident Mission Office in Hanoi. In line with the

ADB Accountability Mechanism (2012), if the affected persons are still not satisfied with

the Southeast Asia Department’s response, the affected persons may lodge a complaint

to the Office of the Special Project Facilitator through the office of Vietnam Resident

Mission in Hanoi.

LEGAL FRAMEWORK 34

VII. LEGAL FRAMEWORK

7.1. Relevant Laws and Regulations of Vietnam

Article 32 of the Constitution of the Socialist Republic of Viet Nam (2013, effective from 01

January, 2014) confirms the right of citizens to own and protects the ownership of house

and production materials of citizens – compensation by market rate is made for impacts

by the projects implementing for the purposes of national defense, security or public

benefits. Similarly, organizations and individuals have land use rights and these rights are

protected under the laws, and in case of land recovery for the purposes of national

defense, security and socioeconomic development, compensation shall follow provisions

of laws (Article 54). In addition, the Government has enacted a number of laws, decrees

and regulations that constitute the legal framework for land acquisition, compensation and

resettlement. The principal documents include: Land Law No. 45/2013/QH13; Decree No.

43/2014/NĐ-CP on Detailed Regulations on Implementation of the Land Law No.

45/2013/QH13; Decree No. 47/2014/ NĐ-CP on Compensation, Assistance, and

Resettlement when the State Recovers Land; Decree No. 44/2014/NĐ-CP on Land

Prices; Decree No.84/2013/NĐ-CP on Development and Management of Resettlement

Housing; Circular No. 37/2014/BTNMT on Detailed Guidance on Compensation and

Assistance when the State Recovers Land, and Circular No. 36/2014/TT-BTNMT on

specifying detailed methods of valuation of land prices, construction, adjustment of land

prices; specific land prices valuation and land prices valuation consulting service. These

are principal legal documents applied for land acquisition and resettlement.

The Land Law 2013 (effective on 1st July, 2014) provides comprehensive framework for

land acquisition and resettlement. There are several aspects of this Land Law 2013 which

are similar to the policy objectives, and principles of the ADB safeguards on involuntary

resettlement. The Law stipulates compensation by specific rate (the methodology to

identify of specific cost is similar to this to determine replacement cost), resettlement sites

must be developed and fully completed before relocation of APs; and various assistance

for life stabilisation of APs.

Regulations of the Government and Yen Bai Provincial People’s Committee relating to

land acquisition, compensation, assistance and resettlement for additional land acquisition

comprise:

- Land Law No.45/2013/QH13 dated 29/11/2013;

- Decree No.43/2014/NĐ-CP dated 15/05/2014 on Detailed Regulations on

Implementation of the Land Law No. 45/2013/QH13;

- Decree No.47/2014/ NĐ-CP dated 15/5/2014 on Compensation, Assistance, and

Resettlement when the State Recovers Lands;

- Decree No.44/2014/NĐ-CP dated 15/5/2014 on Land Prices;

- Decree No. 45/2014/NĐ-CP dated 15/5/2014 of the Government providing the

collection of land use levy;

- Decree No.84/2013/NĐ-CP on Development and Management of Resettlement

Housing;

LEGAL FRAMEWORK 35

- Circular No. 07/2014/TT-BXD dated May 20, 2014 of the Ministry of Construction

guiding a number of contents of the Government’s Decree No. 84/2013/NĐ-CP of

July 25, 2013, providing the development and management of resettlement houses

- Circular No. 36/2014/TT-BTNMT dated 30/06/2014 on specifying detailed methods

of valuation of land prices, construction, adjustment of land prices; specific land

prices valuation and land prices valuation consulting service.

- Circular No. 37/2014/TT-BTNMT of June 30, 2014 detailing compensation,

support, and resettlement upon land expropriation by the State;

- Decision No. 06/2008/QĐ-UBND of Yen Bai PPC, dated 24 April, 2008 - provision

on compensation, support and resettlement; Compensation unit prices of assets,

trees, crops which will be affected by the Noi Bai – Lao Cai Highway Project in Yen

Bai Province;

- Decision No.19/2008/QĐ-UBND of Yen Bai PPC, dated 04 September 2008 –

Amending and supplement to the decision No 06/2008/QĐ-UBND, dated 24 April,

2008 - regulation on compensation, support and resettlement; Compensation unit

prices of assets, trees, crops which will be affected by The Noi Bai – Lao Cai

Highway Project in Yen Bai Province.

- Decision No. 703/QĐ-UBND of Yen Bai PPC, dated 21 May 2009 – Provision on

support and allowances for the affected households by the Noi Bai – Lao Cai

Highway Project.

- Decision No. 39/2014/QĐ-UBND of Yen Bai PPC, dated 31/12/2014 – Regulations

on classification of road, position and prices of land in Yen Bai Province in 2015.

- Decision No. 07/2014/QĐ-UBND dated 08/04/2014 of Yen Bai PPC, amending and

supplementing a number of articles of Decision No.06/2008/QĐ-UBND dated 24

April, 2008 - regulation on compensation, support and resettlement; Compensation

unit prices of assets, trees, crops which will be affected by construction of Noi Bai

– Lao Cai highway project in Yen Bai province section; and Decision

No.19/2008/QĐ-UBND, dated 04 September 2008 –Amending and supplementing

a number of articles of the Decision No. 06/2008/QĐ-UBND

- Decision No. 17/2014/QĐ-UBND dated 17/9/2014 of Yen Bai PPC, detailing a

number of articles of Land Law 2013 and Decree No.47/2014/NĐ-CP dated

15/5/2014, Government’s regulations on compensation, assistance and

resettlement in the event of land acquisition by the State.

7.2. ADB Safeguard Policy and Requirements

ADB Policy on Involuntary Resettlement aims:

- To avoid involuntary resettlement wherever possible;

- 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.

LEGAL FRAMEWORK 36

7.3. Project Principles

Principles of compensation, assistance and resettlement of the Project are as follows:

- Involuntary resettlement and impacts on land, structures and other fixed assets will

be avoided or minimized where possible by exploring all alternative options.

- APs without title or any recognizable legal rights to land are not compensated for

the affected land, but are eligible for resettlement assistance and compensation for

non-land assets at replacement cost.

- All compensation will be based on the principle of replacement cost at the time of

compensation that appraised by qualified external appraiser. For houses and other

structures, this will involve the costs for materials and labor at the time of

compensation, with no depreciation or deduction for salvageable materials.

Compensation for land will be at specific cost adequate to purchase land of

equivalent attributes in the vicinity.

- Where houses and structures are partially affected to the degree that the

remaining portion is not viable for its intended use, the project at the informed

request of the AP, will acquire the entire asset.

- Resettlement site should be close to the previous places as much as possible and

be suitable to displaced persons. In case the household opts for cash

compensation or the offered apartments are not selected by the households, cash

compensation can be used.

- The process and timing of land and other asset acquisition will be consulted and

discussed with APs.

- Compensation and assistance payment to affected persons will be paid in full - not

by installments.

- Meaningful consultation will be carried out with the APs and concerned

stakeholders and ensure participation from planning up to implementation. The

comments and suggestions of the APs and communities will be taken into account;

- Key information in the Addendum REMDP such as scope of land acquisition and

impacts on other assets of APs, compensation and resettlement entitlements, of

affected households, grievance redress mechanism, compensation and assistance

payments and resettlement schedule, etc. will be disclosed to APs in Vietnamese

language. The information will also be summarized in the PIB prior to submission

of the Addendum REMDP to ADB for review and approval;

- Special attention should be paid to guarantee women’s assets, property, and land-

use rights, and to ensure the restoration of their income and living standards;

- An effective Grievance Redress Mechanism is established for recording and

resolving grievances during implementation of the Addendum REMDP;

- Existing cultural and religious practices will be respected and, to the maximum

extent practical, preserved;

- Culturally appropriate and gender-sensitive social impact assessment and

monitoring will be carried out in various stages of the project;

LEGAL FRAMEWORK 37

- Restoration measures will be provided to APs before the expected starting date of

construction in the specific location;

- Budget for payment of compensation, assistance and resettlement will be prepared

sufficiently and made available during project implementation.

- Institutional arrangements will be in place to ensure effective implement of land

acquisition, compensation payment, resettlement, and implementation of livelihood

rehabilitation program with full participation of and consultation with affected

households;

- External monitoring of compensation, assistance and resettlement will be

performed.

ENTITLEMENTS 38

VIII. ENTITLEMENTS

8.1. Eligibility

Persons who have LURC or those who are eligible to have LURC allocated following the

current Government's regulations shall be provided with full compensation and assistance

for affected land and assets upon land. Persons who have no LURC or those who are not

eligible to have LURC allocated shall be provided with full compensation for the assets on

land at replacement cost but not for the affected land and will be entitled to assistances.

8.2. Entitlements

The affected land and non-land assets will be compensated at replacement cost. Affected

crops and trees will be compensated at market rate. The following matrix summarizes

entitlements on compensation and assistance to which APs in Tran Yen District, Yen Bai

Province will be entitled based on the Government’s regulations and ADB’s policy.

ENTITLEMENTS 39

Table 16: Entitlement Matrix

Type of

Impact/Loss

Eligibility 2010 Updated REMDP

Entitlements

Entitlements applied in the

Addendum REMDP for Tran Yen

District

Implementation issues

1. Land

1.1 Agricultural land

requiring

permanent

acquisition

Severely

affected

households

(losing more

than 10% of total

agricultural land

holding) (35

households,

173 persons)

Owners with LURC

or in the process of

acquiring LURC;

and those covered

by customary rights,

such as members

of ethnic minority

groups

• Cash compensation at

replacement cost or

compensation by

replacement land for the

affected land with the

same productive value

and secured tenure to the

land

• Assistance for severely

affected households:

(see item 2.1)

• Consistent with the

country’s law on

disclosure, households

affected by government

projects are constantly

updated on developments

about the projects that are

undertaken in their

communities.


replacement cost or

compensation by replacement

land for the affected land with

the same productive value and

secured tenure to the land


affected households: (see item

2.1)

• Consistent with the country’s

law on disclosure, households

affected by government

projects are constantly updated

on developments about the

projects that are undertaken in

their communities.


requiring land

Owners with LURC

or in the process of

• No provision available • One-time cash assistance:

VND 20,000/m2;

ENTITLEMENTS 40

Type of

Impact/Loss


Entitlements



District


use conversion

(58 households,

280 persons)

acquiring LURC;

and those covered

by Customary

rights, such as

members of ethnic

minority groups

2. Assistances

2.1 Loss of

income/livelihood

due to loss of

productive land

Owners of

agricultural land

permanently

acquired

(35 households,

173 persons)

Job transition and creation

assistance: Each household

with members of working

age, i.e. from 18 to less than

50 (female) and 18 to less

than 55 (male) will be

provided with VND 400,000

per person per month for 03

months2

Households losing 30% to

50% of productive land will

be provided with 50% of this

assistance;

• Households losing 50% to

70% of productive land

Assistance for job transition and

job creation

As per Decision No.17/2014/QĐ-

UBND

• This assistance will be given to

all affected households who are

engaging in argriculture. The

level of assistance will be

calculated by 2.5 times

compensation price of the

acquired agricultural land3.

2 For an average number of household members of 5, each AH will get cash assistance of VND 6,000,000. 3 Using a minimum of 100 m2 of land affected multiplying by the unit rate of 35,000/m2 x 2.5, each AH will get an assistance of VND 8,750,000.

ENTITLEMENTS 41

Type of

Impact/Loss


Entitlements



District


will be provided with 70%

of this assistance;

• Households losing from

more than 70% of

productive land will be

provided with full amount

of this assistance;

Households losing

from more than 10%

of total productive

land holding (35

households)

Assistance for life and

production stabilization:

• For households losing

from 10% to less than

30% of total productive

land holding: Cash

assistance equal to VND

9,000,000/AH




land holding: Cash


12,000,000/AH




land holding: Cash

Assistance for life and production

stabilization:

Decision No. 703/2009/QĐ-UBND:

• For households losing from

10% to less than 30% of total

productive land holding: Cash


9,000,000/AH;





12,000,000/AH;





18,000,000/AH;

The households were

previously affected by

the Project and received

assistance for life and

production stabilization

as per Decision No.

703/2009/QĐ-UBND will

receive the difference

assistance amount as

follows.

+ 07 AHs (36 APs) have proportion of agricultural land loss changing from 10 – 30% to 30 – 50%: will receive a difference amount of VND 3,000,000 per household.

+ 05 AHs (21 APs) have

ENTITLEMENTS 42

Type of

Impact/Loss


Entitlements



District



18,000,000/AH


from more than 70% of

total productive land

holding: Cash

assistance equal to

VND 24,000,000/AH

Entitled to participate in the

project income restoration

program.


more than 70% of total



24,000,000/AH.

proportion of agricultural land loss changing from 30 – 50% to 50 – 70%: will receive a difference amount of VND 6,000,000 per household.

+ 01 AH (05 APs) has proportion of agricultural land loss changing from 30 – 50% to above 70%: will receive a difference amount of VND 12,000,000 per household.

These households already took part in the income restoration program designed for the first land acquisition of the Project; they, therefore, are not eligible to take part in the income restoration program designed for this additional land acquisition.

RELOCATION 43

IX. RELOCATION

No household has to relocate due to the impacts of the additional land acquisition in Bao

Hung, Minh Tien, Minh Quan, Y Can and Quy Mong Communes.

LIVELIHOODS AND INCOME RESTORATION 44

X. LIVELIHOODS AND INCOME RESTORATION

Of the 90 AHs, 35 households are severely affected and 13 households are vulnerable

households. However, these households already participated in the income restoration

program designed for the first land acquisition of the Project. There are no new severely

affected households and/or vulnerable affected households due to this land acquisition.

As a result, no households are entitled to take part in the income restoration program

designed for this additional land acquisition.

COSTS AND BUDGET 45

XI. COSTS AND BUDGET

Funds for the implementation of the Second Addendum REMDP are part of the overall

Project budget. Costs are based on the results of the DMS and on prevailing rates as of

October 2017 as per results of the replacement cost study (RCS).

11.1. Procedures for Flow of Funds

VEC will secure funds to implement the Second Addendum REMDP. Funds for

compensation and other entitlements will be forwarded to the Province Committee for

Compensation and Site Clearance (PCCSC), through the Province People’s Committee

(PPC). As per agreed disbursement schedule, the PCCSC, assisted by the DCCSC and

commune officials, will deliver the compensation and other entitlements to the AHs.

Payment of compensation and other entitlements will be made in cash at the CPC office.

AHs will be notified through the village chiefs two weeks in advance of the

schedule of payment of compensation and other entitlements. The AHs will be advised to

bring with them identification documents (such as LURC, ID, household registration book,

DMS record, Agreement Compensation Form, etc.) when claiming their compensation and

other entitlements. If the AH is unavailable on the scheduled date of payment, he/she will

inform local authorities as soon as possible with a written authorization for a

representative to claim the same on his/her behalf. Alternatively, said AH may request

the CCSC to reschedule a later date for him/her to claim payment.

11.2. Cost Estimates and Inflation Adjustment

VEC, in consultation with the Ministry of Transport and the Ministry of Finance, will

determine the annual inflation rate and will ensure that adjustments are made in

compensation rates and other cash entitlements to reflect current market rates.

11.3. Implementation, Administration and Contingency Costs

Administration cost represents 2% of the total costs of compensation and other

entitlements. The Ministry of Finance will ensure that adequate funds are made available

as and when necessary for the efficient and timely implementation of resettlement.

11.4. Estimated Costs of Compensation and Assistance

The total estimated costs of compensation and assistance for the additional land

acquisition impacts is VND 2,343,275,504 ($103,023.76).

COSTS AND BUDGET 46

Table 17: Total costs of compensation and assistance for the additional land acquisition impacts

No. Items Unit Quantity Unit price Amount (VND)

I Compensation and assistance for land 1,205,772,550

1.1 Agricultural land requiring permanent acquisition VND/m2 11,754.93 35,000 411,422,550

1.2 Agricultural land requiring land use conversion VND/m2 39,717.50 20,000 794,350,000

II Assistances 1,091,556,375

2.1 Assistance for job transition and job seeking VND/m2 11,754.93 87,500 1,028,556,375

2.2 Assistance for life stabilization with difference amount in

accordance with Decision No.703/2009/QĐ-UBND

- Households having proportion of agricultural land loss changing

from 10 – 30% to 30 – 50%

VND/

AH 7 3,000,000 21,000,000


from 30 – 50% to 50 – 70%

VND/

AH 5 6,000,000 30,000,000


from 30 – 50% to above 70%

VND/

AH 1 12,000,000 12,000,000

III Total = (I) + (II) 2,297,328,925

IV Administration cost = 2% * (III) 45,946,579

V Grand total = (III) + (IV) 2,343,275,504

$103,023.76

INSTITUTIONAL ARRANGEMENTS 47

XII. INSTITUTIONAL ARRANGEMENTS

12.1. Vietnam Expressway Corporation

Vietnam Expressway Corporation (VEC) is the Executing Agency of the Project. Its tasks

include the preparation and implementation of the Second Addendum REMDP, in addition

to monitoring. VEC has the following key responsibilities:

- Preparation, and implementing the Addendum REMDP in collaboration with the

People’s Committees at various levels and the Committee for Compensation and

Site Clearance of the province and district; Securing ADB’s concurrence for any

variations in the Addendum REMDP;

- Securing the budget for implementing the Addendum REMDP, ensuring that funds

for compensation, assistance and resettlement are available in a timely manner

and in sufficient amounts;

- Assisting in the resolution of grievances and complaints of the AHs (if any).

NEPMU has been created specifically to oversee the planning and implementation of the

Noi Bai – Lao Cai Highway Project. The abovementioned tasks are included in the

functions of the NEPMU. Technical and administrative personnel from various VEC

divisions have been seconded to the NEPMU.

The detailed responsibilities of the NEPMU are provided in the agreed 2010 updated

REMDP.

12.2. Provincial People’s Committee

The Province People’s Committee (PPC) is overall responsible for resettlement activities

in the Province. The main responsibilities of the PPC comprise:

- Establish the PCCSC and spearhead the establishment of the DCCSC;

- Ensure that the unit costs used in compensating for acquired private and public

assets reflect replacement cost;

- Review the Second Addendum REMDP for endorsement to VEC;

- Provide guidance in the preparation and implementation of the Second Addendum

REMDP.

12.3. Yen Bai Province Committee for Compensation and Site Clearance

The Province Committee for Compensation and Site Clearance (PCCSC) has the

following responsibilities:

- Assist the PPC and NEPMU to disclose information on scope of additional land

acquisition to affected households and community;

- Collect data, information of affected households and community, prepare detailed

compensation and assistance plan to submit to the PPC for review and approval;

- Plan and implement land acquisition, compensation and assistance and other

resettlement activities (if any) assigned by the PPC- ensuring that compensation,

assistance and other entitlements/assistances will be provided to APs in a timely

manner as outlined in the approved detailed compensation and assistance plan

and Second Addendum REMDP.


- Conduct public consultations with the participation of relevant stakeholders during

the Second Addendum REMDP implementation;

- Assist the PPC in resolving grievances at provincial level

12.4. District People’s Committee

The primary tasks of the District People’s Committee in the implementation of land

acquisition, compensation and assistance are the following:

- Establish the District Committee for Compensation and Site Clearance (DCCSC)

under whose jurisdiction falls the Resettlement Task Force (RTF) that is tasked to

assist the DCCSC and PCCSC in the preparation and implementation of the

Second Addendum REMDP, liaising with the CPC and relevant organizations for

the purpose.

- Review and submit the Second Addendum REMDP to the PPC for endorsement.

12.5. Tran Yen District Committee for Compensation and Site Clearance

The District Committee for Compensation and Site Clearance (DCCSC) is headed by the

vice chairperson of Tran Yen District People’s Committee as per Decision No. 302-QĐ/HU

dated 31/03/2008 and Decision No. 146-QĐ/UBND dated 13/05/2008 by Tran Yen DPC.

Members of the DCCSC and RTF come from district offices, in addition to

representatives of the cadastral office, the local police of communes, and village

leaders. The main responsibilities of the DCCSC and RTF are the following:

- Organize, plan and carry out compensation, assistance and resettlement activities

in the district on behalf of the Yen Bai TWPMU, PCCSC and VEC.

- Assist the PCCSC in DMS, consultation and disclosure activities.

- Assist the CPC in the identification and allocation of replacement land to eligible

AHs.

- Along with the CPC, assist the PCCSC in the timely delivery of compensation and

other entitlements to the AHs.

- Assist in the resolution of grievances

12.6. Commune People’s Committee

The responsibilities of the Commune People’s Committee (CPC) relating to

compensation, assistance and resettlement comprise the following:

- Assign commune officials to assist the DCCSC and RTF in the preparation of the

Addendum REMDP and its implementation.

- Identify replacement land for the AHs.

- Sign the Agreement Compensation Forms with the AHs.

- Assist resolution of grievances

12.7. Project Supervision Consultant

Project Supervision Consultant (PSC) has been mobilized in the latter part of 2009, the

responsibilities of the PSC are the same as its predecessor. The PSC will also set up a

resettlement team. The PSC will ensure that there is close collaboration and coordination


between the resettlement team and the group responsible for income restoration. The

resettlement tasks of the PSC are as follows.

- Review and assess the capacity of relevant institutions at the central and project

levels, including the training and capacity building activities provided during the TA

Loan, and continue to implement necessary training and capacity-building

interventions.

- Review and assess the consultation and disclosure activities that were carried out

earlier, and revise the approach in consultation and disclosure as necessary to

ensure the continuing and active involvement of the AHs and all stakeholders in a

transparent way.

- Assist in the updating of replacement costs, as required, during resettlement

implementation.

- Assist district authorities in the implementation of the income restoration program;

review its implementation and provide advice, as needed.

- Assist the CCSC in the implementation of the ethnic minority and gender

strategies as enunciated in the 2010 Updated REMDP.

- Coordinate with the EMA, ensuring that its findings and recommendations are

discussed with VEC and the CCSC for appropriate action.

- Assist VEC in the preparation of quarterly progress reports on compensation,

assistance and resettlement, including the preparation of a Compensation,

Assistance and Resettlement Completion Report. The Report includes a

documentation of actual land acquisition and resettlement impacts, compensation

assistance and resettlement activities, and an evaluation of the implementation of

the Second Addendum REMDP. This report will be based on internal and external

monitoring reports and ADB Review Mission, Aide Memoires and Memorandum of

Understanding.

IMPLEMENTATION AND MONITORING SCHEDULE 50

XIII. IMPLEMENTATION AND MONITORING SCHEDULE

The following table summarizes the various activities associated with the preparation and

implementation of the Second Addendum REMDP for Tran Yen District.

Table 18: Schedule for Implementation of the Second Addendum REMDP for Tran

Yen District

Activities Schedule

Preparation of the Second Addendum

REMDP

October 2017

Submitting the Second Addendum REMDP

to ADB and finalizing the Second

Addendum REMDP according to ADB

comment

December 2017

Payment of compensation and assistance

to affected households December 2017

Internal monitoring On-going

External monitoring On-going

The implementation of the Second Addendum REMDP will be monitored regularly to

help ensure that it is implemented as planned and that mitigation measures designed to

address the Project’s adverse social impacts are adequate and effective.

APPENDICES 51

APPENDICES

Appendix 1: List of Consulted Persons

No. Full name Position Workplace

NEPMU

1 Dao Quang Tuan Director NEPMU

2 Pham Tien Hoanh Officer NEPMU

3 Nguyen Van Duong Person in charge of Packages A5 + A6

NEPMU

Yen Bai TWPMU

4 Tran Viet Dung Director Yen Bai TWPMU

5 Dinh Tien Thang Officer Yen Bai TWPMU

Tran Yen District Center for Land Fund Development

6 Mr. Hien Officer Tran Yen District Center for Land Fund Development

Representatives of affected CPCs

7 Nguyen Xuan Cau CPC Chairman Bao Hung Commune – Tran Yen District

8 Le Van Manh Chairman of Fatherland Front Committee

Bao Hung Commune – Tran Yen District

9 Tran Thanh Tuan CPC officer Bao Hung Commune – Tran Yen District

10 Bui Ngoc Han Head of Dong Quyt Village


11 Ngo Thi Tuoi Head of Chien Khu Village


12 Vu Xuan Dinh Head of Bao Lam Village


13 Phan Dinh Dung CPC Chairman Minh Tien Commune – Tran Yen District

14 Nguyen Van Huong Secretary of Commune Party Committee

Minh Tien Commune – Tran Yen District

15 Nguyen Van Phuong

Chairman of Fatherland Front Committee

Minh Tien Commune – Tran Yen District

16 Ha Van So Cadastral officer Minh Tien Commune – Tran Yen District

17 Lam Duc Toan Head of Village 6 Minh Tien Commune – Tran Yen District

18 Nghiem Bac Son Head of Village 5 Minh Tien Commune – Tran Yen District

19 Le Trung Kien CPC Chairman Minh Quan Commune – Tran Yen District

20 Tran Thi Bich Ngoc Cadastral officer Minh Quan Commune – Tran Yen District

APPENDICES 52

No. Full name Position Workplace

21 Sai Chi Nguyen Chairman of Fatherland Front Committee

Minh Quan Commune – Tran Yen District

22 Nguyen Thi Minh Chairwoman of Women’s Union


23 Dang Van Quang Chairman of Farmers’ Association


24 Chu Dinh Ha Head of Dong Danh Village


25 Vu Ngoc Anh Head of Linh Duc Village


26 Tran Thi Thu CPC Chairwoman Y Can Commune – Tran Yen District

27 Nguyen Mai Son Chairman of Fatherland Front Committee

Y Can Commune – Tran Yen District

28 Duong Thi Hanh Chairwoman of Women’s Union


29 Ha Khanh Luc Cadastral officer Y Can Commune – Tran Yen District

30 Le Duc Lam Head of Quyet Tien Village


31 Le Van Truc Head of Tu Do Village Y Can Commune – Tran Yen District

32 Nguyen Duy Khanh CPC Chairman Quy Mong Commune – Tran Yen District

33 Tran Xuan Thao Cadastral officer Quy Mong Commune – Tran Yen District

34 Nguyen Thanh Ban Chairman of Fatherland Front Committee

Quy Mong Commune – Tran Yen District

35 Hoang Thi Thinh Chairwoman of Women’s Union


36 Dang Kim Sam Chairman of Farmers’ Association


37 Dang Ngoc Hai Head of Village 8 Quy Mong Commune – Tran Yen District

38 Ha Van Dan Head of Village 9 Quy Mong Commune – Tran Yen District

39 Nguyen Ngoc Nguyen

Head of Village 11 Quy Mong Commune – Tran Yen District

40 Dang Thi Phuong Head of Village 10 Quy Mong Commune – Tran Yen District

APPENDICES 53

Appendix 2: List of People Participated In The Consultations On The RCS In Tran

Yen District

No. Full name Position Workplace /Address

1 Nguyen Xuan Cau CPC Chairman Bao Hung Commune – Tran Yen District

2 Bui Ngoc Han Head of Dong Quyt Village


3 Ngo Thi Tuoi Head of Chien Khu Village


4 Vu Xuan Dinh Head of Bao Lam Village


5 Phan Dinh Dung CPC Chairman Minh Tien Commune – Tran Yen District

6 Ha Van So Cadastral officer Minh Tien Commune – Tran Yen District

7 Lam Duc Toan Head of Village 6 Minh Tien Commune – Tran Yen District

8 Nghiem Bac Son Head of Village 5 Minh Tien Commune – Tran Yen District

9 Le Trung Kien CPC Chairman Minh Quan Commune – Tran Yen District

10 Tran Thi Bich Ngoc Cadastral officer Minh Quan Commune – Tran Yen District

11 Tran Thi Thu CPC Chairwoman Y Can Commune – Tran Yen District

12 Ha Khanh Luc Cadastral officer Y Can Commune – Tran Yen District

13 Le Duc Lam Head of Quyet Tien Village


14 Le Van Truc Head of Tu Do Village Y Can Commune – Tran Yen District

15 Nguyen Duy Khanh CPC Chairman Quy Mong Commune – Tran Yen District

16 Tran Xuan Thao Cadastral officer Quy Mong Commune – Tran Yen District

17 Dang Kim Sam Chairman of Farmers’ Association


18 Dang Ngoc Hai Head of Village 8 Quy Mong Commune – Tran Yen District

19 Ha Van Dan Head of Village 9 Quy Mong Commune – Tran Yen District

20 Nguyen Ngoc Nguyen

Head of Village 11 Quy Mong Commune – Tran Yen District

APPENDICES 54

No. Full name Position Workplace /Address

21 Dang Thi Phuong Head of Village 10 Quy Mong Commune – Tran Yen District

22 Mr. Hien Officer Tran Yen District Center for Land Fund Development

23 Nguyen Van Son Affected household Chien Khu Village – Bao Hung Commune

24 Le Thi Hieu Affected household Dong Quyt Village – Bao Hung Commune

25 Tran Van Sinh Affected household Dong Danh Village – Minh Quan Commune

26 Nguyen Dich Minh Affected household Village 6 – Minh Tien Commune

27 Nguyen Van Hai Affected household Village 6 – Minh Tien Commune

28 Nguyen Van Duong Affected household Tu Do Village – Y Can Commune

29 Bui Ngoc Ngan Affected household Quyet Tien Village – Y Can Commune

30 Bui Van Nguyen Affected household Village 10 – Quy Mong Commune

31 Dinh Van Hieu Affected household Village 9 – Quy Mong Commune

32 Pham Ngoc Quy Unaffected household Bao Hung Commune – Tran Yen District

33 Tran The Bon Unaffected household Bao Hung Commune – Tran Yen District

34 Nguyen Van Luong Unaffected household Minh Tien Commune – Tran Yen District

35 Nguyen Minh Tuyet Unaffected household Minh Tien Commune – Tran Yen District

36 Nguyen Van Son Unaffected household Minh Quan Commune – Tran Yen District

37 Ly Trung Phong Unaffected household Minh Quan Commune – Tran Yen District

38 Nguyen Hong Anh Unaffected household Y Can Commune – Tran Yen District

39 Bui Hong Tuyet Unaffected household Quy Mong Commune – Tran Yen District

40 Nguyen Van Tue Unaffected household Quy Mong Commune – Tran Yen District

APPENDICES 55

Appendix 3: Scope of Additional Land Acquisition Impacts On Households

No.

Full name of land owner

Commune Village Type of impacts

Land area

requiring permane

nt acquisition (m2)

Land area

requiring use

conversion (m2)

Total land area

before the

Project (m2)

Land area

acquired in the first

acquisition (m2)

Proportion of land loss by the first acquisition (%)

Accumulative

proportion of

agricultural land loss (%)

1 Dao Manh Thu Bao Hung Dong Quyt Permanent acquisition 68.57

3,082 1,774.70 57.6 59.8

2 Tran Ngoc Tai Bao Hung Dong Quyt Permanent acquisition 339.1

3,407 1,787.40 52.5 62.4

3 Vu Thi Hon Bao Hung Dong Quyt Permanent acquisition 68.57

450 52 11.6 26.8

4 Le Kim Sung Bao Hung Bao Lam Land use conversion

1,427.20

5 Nguyen Van Bay Bao Hung Bao Lam Land use conversion

999.9

6 Nguyen Van Long Bao Hung Bao Lam Land use conversion

196.6

7 Tran Van Lim Bao Hung Bao Lam Land use conversion

1,077.30

8 Le Quang Vinh Bao Hung Bao Lam Land use conversion

1,068.50

9 Nguyen Thi Thien Bao Hung Bao Lam Land use conversion

1121.1

10 Le Thi Tuyet Bao Hung Bao Lam Land use conversion

320.2

11 Ngo Thi Tuoi Bao Hung Chien Khu Land use conversion

203.2

12 Le Van Nhan Bao Hung Chien Khu Land use conversion

102.3

13 Luong Viet Toan Bao Hung Chien Khu Land use conversion

242.9

14 Nguyen Thi Kieu Bao Hung Chien Khu Land use conversion

244.5

15 Dao Quang Dai Bao Hung Chien Khu Land use conversion

1053.3

16 Chu Thi Thuong Bao Hung Chien Khu Land use conversion

960.1

APPENDICES 56

No.



Land area

requiring permane

nt acquisition (m2)

Land area

requiring use

conversion (m2)

Total land area

before the

Project (m2)

Land area


acquisition (m2)


Accumulative

proportion of


17 Tran Van Su Bao Hung Chien Khu Land use conversion

1030.6

18 Nguyen Van Son Bao Hung Chien Khu Land use conversion

639.1

19 Le Thi Hieu Bao Hung Dong Quyt Land use conversion

1,331.80

20 Nguyen Van Dai Bao Hung Dong Quyt Land use conversion

508.3

21 Nguyen Van Gia Bao Hung Dong Quyt Land use conversion

1441.3

22 Nguyen Van Dau Bao Hung Bao Lam Land use conversion

148.8

23 Vu Thi Hien Bao Hung Chien Khu Land use conversion

910.2

24 Nguyen Quang Hao Bao Hung Chien Khu Land use conversion

103.8

25 Le Thi Tuyet Minh Quan Linh Duc Permanent acquisition 45.4

14,299 3,219.50 22.5 22.8

26 Duong Van Dat Minh Quan Dong Danh Permanent acquisition 271

7,013 1,943.00 27.7 31.6

27 Bui Thanh Hai Minh Quan Dong Danh Permanent acquisition 182.8

2,524 264.1 10.5 17.7

28 Nguyen Van Thinh Minh Quan Linh Duc Land use conversion

532.5

29 Dang Ngoc Thanh Minh Quan Tien Phong Land use conversion

1,105.70

30 Le Thi Thanh Minh Quan Tien Phong Land use conversion

1,784.00

31 Cao Van Cuong Minh Quan Tien Phong Land use conversion

127.3

32 Bui Thi Tuan Minh Quan Dong Danh Land use conversion

333.2

33 Le Van Thang Minh Quan Linh Duc Land use conversion

235.4

APPENDICES 57

No.



Land area

requiring permane

nt acquisition (m2)

Land area

requiring use

conversion (m2)

Total land area

before the

Project (m2)

Land area


acquisition (m2)


Accumulative

proportion of


34 Nguyen Huy Tuc Minh Quan Linh Duc Land use conversion

1,357.10

35 Le Van Tien Minh Quan Linh Duc Land use conversion

820.1

36 Tran Xuan Bac Minh Quan Dong Danh Land use conversion

1144.7

37 Tran Van Doan Minh Quan Dong Danh Land use conversion

658.6

38 Tran Van Sinh Minh Quan Dong Danh Land use conversion

1199.6

39 Duong Thi Dai Minh Quan Dong Danh Land use conversion

709

40 Le Thi Can Minh Quan Dong Danh Land use conversion

716.3

41 Tran Van Khang Minh Quan Dong Danh Land use conversion

140.8

42 Phan Thi Thanh Minh Quan Linh Duc Land use conversion

174.6

43 Le Van Kiem Minh Quan Linh Duc Land use conversion

245.5

44 Nguyen Van Ngan Minh Tien Village 6 Permanent acquisition 128.40

3,780 1,811.10 47.9 51.3

Nguyen Van Ngan Minh Tien Village 6 Land use conversion

1491.3

45 Nguyen Quang Sang Minh Tien Village 5 Permanent acquisition 377.9

5,720 1,300.00 22.7 29.3

46 Duong Thi Thinh Minh Tien Village 6 Permanent acquisition 465.4

3,160 690 21.8 36.6

47 Nguyen Dich Minh Minh Tien Village 6 Permanent acquisition 682.2

5,101 1,301.50 25.5 38.9

48 Nguyen Van Hai Minh Tien Village 6 Permanent acquisition 164.14

5,914 1,184.90 20.0 22.8

49 Nguyen Van Vuong Minh Tien Village 5 Permanent acquisition 278

6,321 1,081.00 17.1 21.5

APPENDICES 58

No.



Land area

requiring permane

nt acquisition (m2)

Land area

requiring use

conversion (m2)

Total land area

before the

Project (m2)

Land area


acquisition (m2)


Accumulative

proportion of


50 Do Cong Trinh Minh Tien Village 6 Land use conversion

806.2

51 Nguyen Manh Hung Minh Tien Village 6 Land use conversion

864.8

52 Do Cong Tuan Minh Tien Village 6 Land use conversion

436.6

53 Nguyen Van Kim Minh Tien Village 6 Land use conversion

180.1

54 Nguyen Van Thanh Minh Tien Village 6 Land use conversion

212.4

55 Nguyen Tri Thuc Minh Tien Village 6 Land use conversion

174.5

56 Nguyen Danh Tu Minh Tien Village 6 Land use conversion

14.3

57 Ngo Thi Nghi Quy Mong Village 9 Permanent acquisition 313.5

3,449 369.2 10.7 19.8

58 Ngo Van Vy Quy Mong Village 9 Permanent acquisition 434.6

3,441 400.9 11.7 24.3

59 Dinh Van Hieu Quy Mong Village 9 Permanent acquisition 637.7

4,050 470.5 11.6 27.4

60 Ha Van Huu Quy Mong Village 9 Permanent acquisition 201.6

2,277 677.2 29.7 38.6

61 Tran Xuan Thuy Quy Mong Village 8 Permanent acquisition 383.8

3,467 1,480.70 42.7 53.8

62 Dinh Thi Duong Quy Mong Village 9 Permanent acquisition 74.9

6,155 654.2 10.6 11.8

63 Le Thi Mui Quy Mong Village 11 Permanent acquisition 225.8

4,860 1,180.00 24.3 28.9

64 Nguyen Van Quang Quy Mong Village 11 Permanent acquisition 279.7

10,000 1,440.00 14.4 17.2

65 Nguyen Ngoc Nguyen Quy Mong Village 11 Permanent acquisition 544.6

3,580 1,250.00 34.9 50.1

66 Tran Van Chien Quy Mong Village 11 Permanent acquisition 984.3

9,500 1,000.00 10.5 20.9

APPENDICES 59

No.



Land area

requiring permane

nt acquisition (m2)

Land area

requiring use

conversion (m2)

Total land area

before the

Project (m2)

Land area


acquisition (m2)


Accumulative

proportion of


67 Bui Van Lam Quy Mong Village 11 Permanent acquisition 590

9,661 4,660.60 48.2 54.3

68 Do Duy Tinh Quy Mong Village 11 Permanent acquisition 409.6

2,860 1,395.00 48.8 63.1

69 Bui Van Tuyen Quy Mong Village 11 Permanent acquisition 427.9

10,628 4,283.70 40.3 44.3

70 Bui Thi Tich Quy Mong Village 11 Permanent acquisition 205.7

17,340 2,340.00 13.5 14.7

71 Nguyen Manh Toi Quy Mong Village 8 Permanent acquisition 589.8

3,272 1,636 50 68

72 Nguyen Van Dung Quy Mong Village 9 Permanent acquisition 595.252

5180 777 15.0 26.5

73 Nguyen Manh Truong Quy Mong Village 8 Land use conversion

449.9

74 Hoang Van Su Quy Mong Village 8 Land use conversion

316.9

75 Le Duc Lam Y Can Quyet Tien Permanent acquisition 785

4,259 1,178.90 27.7 46.1

Le Duc Lam Y Can Quyet Tien Land use conversion

369.3

76 Vu Quoc Thai Y Can Quyet Tien Permanent acquisition 77.3

4,990 2,318.80 46.5 48.0

Vu Quoc Thai Y Can Quyet Tien Land use conversion

300

77 Tran Chi Thanh Y Can Tu Do Permanent acquisition 235.11

340 102.00 30.0 99.2

78 Hoang Thi Nhung Y Can Tu Do Permanent acquisition 79.2

9,758 2,379.50 24.4 25.2

79 Nguyen Van Son Y Can Quyet Tien Permanent acquisition 137.74

7,435 2,112.00 28.4 30.3

80 Bui Ngoc Ngan Y Can Quyet Tien Permanent acquisition 121.7

4,727 1,344.00 28.4 31.0

81 Nguyen Thi Chuc Y Can Quyet Tien Permanent acquisition 348.6

13,000 2,000.00 15.4 18.1

APPENDICES 60

No.



Land area

requiring permane

nt acquisition (m2)

Land area

requiring use

conversion (m2)

Total land area

before the

Project (m2)

Land area


acquisition (m2)


Accumulative

proportion of


82 Nguyen Trong Hoa Y Can Quyet Tien Land use conversion

1,575.20

83 Do Thi Gai Y Can Quyet Tien Land use conversion

891.4

84 Nguyen Minh Tam Y Can Quyet Tien Land use conversion

530.5

85 Le Thi Gam Y Can Quyet Tien Land use conversion

1,160.60

86 Dao Van Phac Y Can Quyet Tien Land use conversion

881.7

87 Nguyen Thi Lien Y Can Quyet Tien Land use conversion

1,027.70

88 Tran Duc Hoa Y Can Quyet Tien Land use conversion

559.7

89 Nguyen Thi Quyen Y Can Quyet Tien Land use conversion

712.9

90 Le Thuy Linh Y Can Quyet Tien Land use conversion

346.1

Total 11,754.93 39,717.50

APPENDICES 61

Appendix 4: Minutes of Public Consultative Meetings And List of Participants

1. Minutes of public consultative meeting and List of participants of Bao Hung

Commune

MINUTES OF PUBLIC CONSULTATION ON

LAND ACQUISITION, COMPENSATION, ASSISTANCE AND RESETTLEMENT

NOI BAI – LAO CAI HIGHWAY PROJECT

Bao Hung Commune, Tran Yen District, Yen Bai Province

12 October 2017

I. PARTICIPANTS:

1. Nguyen Van Duong - Representative of NEPMU

2. Tran Quang Huy - Consultant

Representatives of local authorities and mass organizations in Bao Hung Commune

1. Nguyen Xuan Cau – CPC chairman

2. Le Van Manh – Chairman of Fatherland Front Committee

3. Vu Thi Le Quyen – Cadastral officer

Local people in project area in Bao Hung Commune

List of the consultation participants with their signature is attached herein below.

II. CONSULTING CONTENTS:

1. NEPMU provides participants with relevant information including:

- Description of proposed scope of the Project

- Project potential impacts on land and non-land assets

- Policies and mitigation measures for impacts on land and non-land assets

- Project policies on compensation, assistance and resettlement according to

Project information booklet

- Grievance redress mechanism

2. NEPMU provides representatives of local authorities and of mass organizations

with the following documents:

a. Summary of scope of project impacts based on IOL results

b. Project information booklet (PIB)

3. Participants raise their opinions

III. CONSULTING RESULTS

1. Regarding scope of project impacts

The Project additionally acquires land of 03 households in Dong Quyt Village of

Bao Hung Commune.

APPENDICES 62

In addition, 21 households in Bao Lam, Dong Quyt and Chien Khu Villlages need to

be assisted to convert their land to other uses because they have faced difficulty in

growing paddy on that land.

2. Regarding project policies on compensation and assistance

Affected households agreed upon the project policies on compensation and

assistance.

In addition to compensation, households whose land is permanently acquired are

entitled to assistance for job transition and job creation and assistance for life

stabilization.

Households with land requiring use conversion will receive assistance

corresponding to the area of the affected land.

3. Regarding income restoration and livelihood development activities

The additionally affected households are those who were affected by the previous

land acquisition of the Project and already took part in the Income Restoration

Program designed for the land acquisition so they are not entitled to participate in

the Income Restoration Program designed for this additional land acquisition.

4. Project implementation and Grievance redress mechanism

The project owner will coordinate with relevant stakeholders to solve grievances

associated with the Project activities (if any).

5. Other issues

The frontage road with the length of 250m in Dong Quyt Village of Bao Hung

Commune has not yet been completed by the project owner. The drainage culvert

in Lao Cai – Ha Noi direction has been affected by landslides that causes difficulty

for households in accessing to the service area.

Affected households request the project owner and concerned stakeholders to

repair the damaged culvert and complete the road to facilitate households’ travel.

Affected households request the project owner to open a frontage road to the

plantation forest located between Bao Lam Village and Chien Khu Village at

Km115-116 in Lao Cai – Ha Noi direction.

The meeting finished at 3pm on the same day. Representatives of local authorities, heads

of villages/residential groups, and representatives of mass organizations and of affected

households participating in the meeting read and agreed with the contents of the meeting

minutes and signed herein below.

Representative of CPC

(signed and sealed)

CHAIRMAN

Nguyen Xuan Cau

Representative of mass organizations

Le Van Manh

Representative of village heads

APPENDICES 63

APPENDICES 64

2. Minutes of public consultative meeting and List of participants of Minh Quan

Commune




Minh Quan Commune, Tran Yen District, Yen Bai Province

19 October 2017

I. PARTICIPANTS:

1. Nguyen Van Duong - Representative of NEPMU

Representatives of local authorities and mass organizations in Minh Quan Commune

1. Le Trung Kien – CPC chairman

2. Tran Thi Bich Ngoc – Cadastral officer

3. Sai Chi Nguyen – Chairman of Fatherland Front Committee

Local people in project area in Minh Quan Commune












c. Summary of scope of project impacts based on IOL results

d. Project information booklet (PIB)




An area of 499.2 m2 of land of 03 households in Minh Quan Commune requires to

be additionally acquired and an area of 11,284.4 m2 of land of 16 households

requires to be converted to other uses due to landslides.

The entire area of additionally affected land is agricultural land.

APPENDICES 65


Affected land will be compensated at the unit price promulgated by Yen Bai PPC.

There has been no agricultural land transaction in the commune recently.

In addition to compensation, affected households are entitled to assistance for job

transition and assistance for life stabilization.

Households with land requiring use conversion will receive assistance as regulated.


No affected households are entitled to participate in the Income Restoration

Program designed for this additional land acquisition.


Affected households expect to receive compensation and assistance payment as

soon as possible.

Grievances related to land acquisition, compensation and assistance for the

additional impacts will be resolved in compliance with the disclosed grievance

redress mechanism.

5. Other issues

The meeting finished at …. the same day. Representatives of local authorities, heads of

villages/residential groups, and representatives of mass organizations and of affected




(signed and sealed)

CHAIRMAN

Le Trung Kien


Sai Chi Nguyen


APPENDICES 66

APPENDICES 67

3. Minutes of public consultative meeting and List of participants of Minh Tien Commune




Minh Tien Commune, Tran Yen District, Yen Bai Province

17 October 2017

I. PARTICIPANTS:

1. Nguyen Van Duong – Representative of NEPMU


3. Ngo Quang Tue - Consultant

Representatives of local authorities and mass organizations in Minh Tien Commune

1. Nguyen Van Huong – Secretary of Commune Party Committee

2. Phan Dinh Dung – Chairman of Commune People’s Committee

3. Nguyen Van Phuong – Chairman of Fatherland Front Committee

Local people in the project area in Minh Tien Commune












e. Summary of scope of project impacts based on IOL results

f. Project information booklet (PIB)




In Minh Tien commune, some areas of agricultural land have been affected by

inundation and mud deposit; therefore, the land cannot be improved.

A total of 14 households are affected by the additional land acquisition.

APPENDICES 68

The entire area of affected land is agricultural land. No residential land is affected.


Affected households were provided with project policies on compensation and

assistance

Besides compensation for land affected, affected households will also be entitled to

receive assistance for job transition and job seeking.

All affected households are eligible for compensation and assistance of the Project.


The Income Restoration Program is available once for each project affected

household. Eligible households who already participated in the program will not be

entitled to take part in the program again.


Grievance redress mechanism was disclosed to households in the commune

5. Other issues

Some work items of the Project (frontage road, drainage culvert or underpass

should be completed) to avoid impact on households.

Drainage system and embankment under the Project in two resettlement sites in

the commune must be completed.






(signed and sealed)

CHAIRMAN

Phan Dinh Dung


Chairman of Fatherland Front

Committee

Nguyen Van Phuong


APPENDICES 69

APPENDICES 70

4. Minutes of public consultative meeting and List of participants of Y Can Commune




Y Can Commune, Tran Yen District, Yen Bai Province

23 October 2017

I. PARTICIPANTS:



3. Ngo Quang Tue - Consultant

Representatives of local authorities and mass organizations in Y Can Commune

1. Tran Thi Thu – CPC chairman

2. Nguyen Mai Son – Chairman of Fatherland Front Committee

3. Duong Thi Hanh – Chairwoman of Women’s Union

4. Ha Khanh Luc – Cadastral officer

Local people in the project area in Y Can Commune












g. Summary of scope of project impacts based on IOL results

h. Project information booklet (PIB)




The highway operation has caused some impacts on paddy land in 02 villages of Y

Can Commune due to landslides and inundation.

APPENDICES 71

In terms of affected land that can be improved, affected households request the

project owner to provide assistance for land use conversion.

In terms of affected land that cannot be improved, affected households request the

project owner to acquire the land permanently.


Policies on compensation and assistance were disclosed to affected households.

In addition to compensation for land, households having land permanently

acquired will be entitled to assistance for job transition and job creation as per the

PPC’s regulations.

Households with land requiring use conversion will receive assistance

corresponding to the area of the affected land.


Households who are eligible to take part in the Income Restoration Program will be

entitled to entitlements as specified in the 2010 updated REMDP.


Grievance redress mechanism was disclosed to all affected households.

The project owner will cooperate with relevant stakeholders to resolve grievances

related to any aspect of the Project (if any).

5. Other issues

There are three locations at which the box culvert and frontage road in Y Can

Commune are affected as follows:

+ Km 126+400 – the box culvert is inundated, causing difficulties for local people’s

travel

+ Km 122+300 – the box culvert is available but no frontage road connecting to the

field of local people is available.

+ Km 127+500 – the box culvert is inundated and the highway construction caused

damages to the local concrete road.

The project owner should resolve the abovementioned issues promptly.

The meeting finished at 11am on the same day. Representatives of local authorities,

heads of villages/residential groups, and representatives of mass organizations and of

affected households participating in the meeting read and agreed upon the contents of the

meeting minutes and signed herein below.

Representative of CPC (signed and sealed)

CHAIRPERSON Tran Thi Thu


Chairman of Fatherland Front Committee

Nguyen Mai Son


APPENDICES 72

APPENDICES 73

5. Minutes of public consultative meeting and List of participants of Quy Mong

Commune




Quy Mong Commune, Tran Yen District, Yen Bai Province

20 October 2017

I. PARTICIPANTS:


Representatives of local authorities and mass organizations in Quy Mong Commune

1. Nguyen Duy Khanh –Chairman of Commune People’s Committee

2. Tran Xuan Thao – Cadastral officer

Local people in the project area in Quy Mong Commune












i. Summary of scope of project impacts based on IOL results

j. Project information booklet (PIB)




In Quy Mong Commune, the project causes additional impacts on land outside the

project land demarcation.

The land is permanently affected mainly by landslides and inundation and cannot be

improved.


Policies on compensation and assistance were disclosed to affected households

APPENDICES 74

Besides compensation for land, households having agricultural land affected will

receive assistance for job transition and job creation.



Grievance redress mechanism is disclosed to all affected households in the

commune.

Payment of compensation and assistances should be made as soon as possible.

5. Other issues

Damages at some locations of the frontage road and drainage culvert in the

commune should be handled as soon as possible to avoid impacts on local people.

For the agricultural land which is no longer cultivable, affected households request

the project owner to provide assistance for the lost cropping seasons.

For the land which cannot be improved, affected households request the project

owner to acquire the land permanently.






(signed and sealed)

CHAIRMAN

Nguyen Duy Khanh

Representative of mass organizations Representative of village heads

APPENDICES 75

APPENDICES 76

Appendix 5: Project Information Booklet (PIB)

PROJECT INTRODUCTION

Kunming-Hai Phong transport corridor and is a part of the Cooperation Program between six

(06) GMS countries namely, Vietnam, Lao People's Democratic Republic, Cambodia,

Thailand, Myanmar and People's Republic of China (PRC). The Project was approved by

Asian Development Bank (ADB) on 14 December 2007. The Vietnam Expressway

Corporation (VEC) of the Ministry of Transport (MOT) is the project executing agency.

The Project highway has a total length of 264km, starting at the interchange between Bac

Thang Long - Noi Bai and National Highway No.2 in the District of Soc Son, Ha Noi City,

crossing the provinces of Vinh Phuc, Phu Tho, Yen Bai and Lao Cai before terminating at Bat

Xat District, Lao Cai Province.

The project construction is divided into 2 phases:

• Phase 1:

Construction of Noi Bai – Yen Bai section with 4 lanes with the total length of

121km.

Construction of Yen Bai – Lao Cai section with 2 lanes with the total length of

123km.

• Phase 2: Widening of Hanoi – Yen Bai section and Yen Bai – Lao Cai section

constructed in phase 1:

Widening Noi Bai – Yen Bai section from 4 lanes into 6 lanes.

Widening Yen Bai – Lao Cai section from 2 lanes into 4 lanes.

Construction of the last 20km of the Project highway, connecting Noi Bai – Lao

Cai Highway and Kunming – Hekou Highway

SCOPE OF ADDITIONAL LAND ACQUISITION

VEC, in 2017, decided to conduct additional acquisition or land use conversion for some land

areas in Bao Hung, Minh Quan, Minh Tien, Y Can and Quy Mong Communes. These areas

which are located outside the project land demarcation have been inundated or could not

access to the local irrigation system due to the project construction and operation.

Accordingly, an area of 51.472,43 m2 of agricultural land of 90 households (433 persons) in

Bao Hung, Minh Quan, Minh Tien, Y Can and Quy Mong Communes has been affected. Of

the affected area, 11.754,93 m2 of land of 35 households (173 persons) which has been

inundated and could not be restored will be permanently acquired and 39.717,50 m2 of land

of 58 households (280 persons) which is located at high location without access to the local

irrigation system just requires land use conversion and the land owner can still use that land

after conversion. The entire area of land affected in this additional acquisition is agricultural

land. No household has residential land affected.

Of the total AHs, there are 24 in Bao Hung Commune, 19 in Minh Quan Commune, 13 in

Minh Tien Commune, 18 in Quy Mong Commune and 16 in Y Can Commune.

APPENDICES 77

COMPENSATION AND ASSISTANCE ENTITLEMENTS OF HOUSEHOLDS AFFECTED BY THE ADDITIONAL LAND ACQUISITION

Type of

Impact/Loss


Entitlements


Addendum REMDP for Tran

Yen District


1. Land


requiring

permanent

acquisition

Severely

affected

households

(losing more

than 10% of total

agricultural land

holding) (35

households,

173 persons)

Owners with

LURC or in

the process

of acquiring

LURC; and

those

covered by

customary

rights, such

as members

of

ethnic

minority

groups


replacement cost or compensation

by replacement land for the

affected land with the same

productive value and secured

tenure to the land

• Assistance for severely affected

households: (see item 2.1)

• Consistent with the country’s law

on disclosure, households

affected by government projects

are constantly updated on

developments about the projects

that are undertaken in their

communities.


replacement cost or

compensation by replacement

land for the affected land with

the same productive value

and secured tenure to the

land


affected households: (see

item 2.1)

• Consistent with the country’s

law on disclosure,

households affected by

government projects are

constantly updated on

developments about the

projects that are undertaken

in their communities.


requiring land

use conversion

(58 households,

Owners with

LURC or in

the process

of acquiring

• No provision available • One-time cash assistance:

VND 20,000/m2;

APPENDICES 78

Type of

Impact/Loss


Entitlements



Yen District


280 persons)

LURC; and

those

covered by

customary

rights, such

as members

of ethnic

minority

groups

2. Assistances

2.1 Loss of

income/livelihood

due to loss of

productive land

Owners of

agricultural

land

permanently

acquired

(35

households,

173

persons)

Job transition and creation

assistance: Each household with

members of working age, i.e. from

18 to less than 50 (female) and 18

to less than 55 (male) will be

provided with VND 400,000 per

person per month for 03 months4

Households losing 30% to 50% of

productive land will be provided with

50% of this assistance;

• Households losing 50% to 70% of

Assistance for job transition and

job creation

As per Decision

No.17/2014/QĐ-UBND

• This assistance will be given

to all affected households

who are engaging in

argriculture. The level of

assistance will be

calculated by 2.5 times

compensation price of the

acquired agricultural land5.

4 For an average number of household members of 5, each AH will get cash assistance of VND 6,000,000. 5 Using a minimum of 100 m2 of land affected multiplying by the unit rate of 35,000/m2 x 2.5, each AH will get an assistance of VND 8,750,000.

APPENDICES 79

Type of

Impact/Loss


Entitlements



Yen District


productive land will be provided

with 70% of this assistance;

• Households losing from more

than 70% of productive land will

be provided with full amount of

this assistance;

Households

losing from

more than

10% of total

productive

land holding

(35

households)

Assistance for life and production

stabilization:

• For households losing from 10%

to less than 30% of total



9,000,000/AH





12,000,000/AH





18,000,000/AH

• For households losing from more

than 70% of total productive land

holding: Cash assistance equal to

Assistance for life and

production stabilization:

Decision No. 703/2009/QĐ-

UBND:





9,000,000/AH;





12,000,000/AH;





18,000,000/AH;


The households were

previously affected by the

Project and received

assistance for life and

production stabilization as

per Decision No.

703/2009/QĐ-UBND will

receive the difference

assistance amount as

follows.


proportion of agricultural

land loss changing from 10

– 30% to 30 – 50%: will

receive a difference

amount of VND 3,000,000

per household.




APPENDICES 80

Type of

Impact/Loss


Entitlements



Yen District


VND 24,000,000/AH

• Entitled to participate in the

project income restoration

program.

more than 70% of total



24,000,000/AH.

– 50% to 50 – 70%: will



per household.

+ 01 AH (05 APs) has



– 50% to above 70%: will



per household.

These households already

took part in the income

restoration program

designed for the first land

acquisition of the Project;

they, therefore, are not

eligible to take part in the

income restoration program

designed for this additional

land acquisition.

APPENDICES 81

GRIEVANCE REDRESS MECHANISM

Grievances related to any aspect of the highway Project will be handled through

negotiation aimed at achieving consensus. Complaints will pass through 4 stages. The

VEC will shoulder all administrative and legal fees that might be incurred in the

resolution of grievances and complaints.

• First Stage: Commune People’s Committee

An aggrieved AH may bring its complaint before any member of the CPC, either

through the Village Chief or directly to the CPC, in writing or orally. It is incumbent

upon said member of CPC or the village chief to notify the CPC about the complaint.

The CPC will meet personally with the aggrieved AH and will have 15 days following the

lodging of the complaint to resolve it. The CPC secretariat is responsible for documenting

and keeping files of all complaints that it handles.

• Second Stage: District People’s Committee

If after 15 days the aggrieved AH does not hear from the CPC, or if the AH is not satisfied

with the decision taken on its complaint, the AH may bring the case, either in writing or orally,

to any member of the DPC or the DCCSC. The DPC in turn will have 15 days following the

lodging of the complaint to resolve the case. The DCCSC is responsible for

documenting and keeping files of all complaints that it handles.

• Third Stage: Provinvial People’s Committee

If after 15 days the aggrieved AH does not hear from the DCCSC, or if the AH is not satisfied

with the decision taken on its complaint, the AH may bring the case, either in writing or orally,

to any member of the PPC or the PCCSC. The PPC has 15 days within which to resolve

the complaint to the satisfaction of all concerned. The PCCSC is responsible for

documenting and keeping files of all complaints that reaches the same.

• Final Stage: The Court of Arbitration

If after 15 days following the lodging of the complaint with the PPC the aggrieved AH does

not hear from the PCCSC, or if the AH is not satisfied with the decision taken on its

complaint, the case may be brought to a court of law for adjudication. Under no

circumstance will the AH be evicted from its property nor will the Government take over its

property without the explicit permission of the court.

IMPLEMENTATION SCHEDULE

Activities Schedule

Preparation of the Second Addendum

REMDP

October 2017

Submitting the Second Addendum REMDP

to ADB and finalizing the Second

Addendum REMDP according to ADB

comment

December 2017

Payment of compensation and assistance

to affected households December 2017

Internal monitoring On-going

APPENDICES 82

Activities Schedule

External monitoring On-going

CONTACT INFORMATION:

Comments and questions about the project please contact:

• Mr. Dao Quang Tuan – Director of Northern Expressway Management Project Unit

under VEC; Phone number – 0211.6265167

• Mr. Tran Viet Dung – Director of Yen Bai TWPMU – Deputy head of Yen Bai PCCSC;

Phone number: 0293.3862.457

APPENDICES 83

Appendix 6: Photos of consultation during the Second Addendum REMDP preparation