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Social Monitoring Report 3rd Quarterly Report December 2017 VIE: Ben Luc-Long Thanh Expressway Project Prepared by the Viet Nam Expressway Corporation for the Asian Development Bank.

VIE: Ben Luc-Long Thanh Expressway Project...Final Greater Mekong Sub region (GMS) Ben Luc-Long Thanh Expressway Project Package C1: Supervision Consulting Services Loan No: 2730-VIE

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Page 1: VIE: Ben Luc-Long Thanh Expressway Project...Final Greater Mekong Sub region (GMS) Ben Luc-Long Thanh Expressway Project Package C1: Supervision Consulting Services Loan No: 2730-VIE

Social Monitoring Report

3rd Quarterly Report

December 2017

VIE: Ben Luc-Long Thanh Expressway Project

Prepared by the Viet Nam Expressway Corporation for the Asian Development Bank.

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Page | ii

NOTE

This social monitoring report is a document of the borrower. The views expressed herein do not

necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in

nature.

In preparing any country program or strategy, financing any project, or by making any designation of or

reference to a particular territory or geographic area in this document, the Asian Development Bank does

not intend to make any judgments as to the legal or other status of any territory or area.

Page 3: VIE: Ben Luc-Long Thanh Expressway Project...Final Greater Mekong Sub region (GMS) Ben Luc-Long Thanh Expressway Project Package C1: Supervision Consulting Services Loan No: 2730-VIE

Page | iii

SOCIALIST REPUBLIC OF VIETNAM

MINISTRY OF TRANSPORT

Vietnam Expressway Corporation (VEC)

Land Acquisition and Resettlement Monitoring

Report The 3rd Quarter of 2017

Final

Greater Mekong Sub region (GMS)

Ben Luc-Long Thanh Expressway Project

Package C1: Supervision Consulting Services

Loan No: 2730-VIE (ADB)

No: 65/HDTV – VEC/2014

December 2017

DASAN CONSULTANTS CO. LTD., in joint venture with

KUNHWA ENGINEERING & CONSULTING CO., LTD., and

INTERCONTINENTAL CONSULTANTS

AND TECHONOCRATS PVT., LTD

Page 4: VIE: Ben Luc-Long Thanh Expressway Project...Final Greater Mekong Sub region (GMS) Ben Luc-Long Thanh Expressway Project Package C1: Supervision Consulting Services Loan No: 2730-VIE
Page 5: VIE: Ben Luc-Long Thanh Expressway Project...Final Greater Mekong Sub region (GMS) Ben Luc-Long Thanh Expressway Project Package C1: Supervision Consulting Services Loan No: 2730-VIE

ACRONYMS

ADB Asian Development Bank

AHHs Affected Households

APs Affected Persons

BLLT Ben Luc-Long Thanh Expressway

B Billion

CSC Construction Supervision Consultant

CoLUR Certification of land using Right

DCCs District Compensation Committees

DMS Detailed Measurement Surveys

DoLISA Department of Labor, Invalids and Social Affairs

DONRE Department of Natural Resource and Environment

EPMU Expressway Project Management Unit

GoV Government of Vietnam

GMS Greater Mekong Sub region

GRC Grievance Redress Committee

HCM City Ho Chi Minh City

HHs Households

IA Implementing Agency

IMR Internal Monitoring Report

IRP Income Restoration Program

IR Involuntary Resettlement

MOT Ministry of Transport

MOU Memorandum of understanding

M Million

CoLFD Center of land fund Development

PPCs Provincial People’s committee

PROW Proposed Right of Way

RP Resettlement Plan

R & R Resettlement & Rehabilitation

SEPMU South Expressway Project Management Unit

SPS ADB Safeguard Policy Statement

TOR Terms of Reference

URP Updated Resettlement Plan

VEC Vietnam Expressway Corporation

Page 6: VIE: Ben Luc-Long Thanh Expressway Project...Final Greater Mekong Sub region (GMS) Ben Luc-Long Thanh Expressway Project Package C1: Supervision Consulting Services Loan No: 2730-VIE

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Table of Contents

I. INTRODUCTION ......................................................................................................... 6

II. PROJECT DESCIPTION ................................................................................................ 6

III. MONITORING AND REPORTING ................................................................................. 9

IV. OBJECTIVES OF INTERNAL MONITORING REPORT (IMR) ............................................. 9

V. LAND ACQUISITION AND RESETTLEMENT IMPACTS .................................................. 10

5.1 Number of Household affected by land acquisition .......................................................10

5.2 Area of Impacted Land as per Updated Decision ...........................................................11

5.3 Budgeted amount for RP implementation .....................................................................12

VI. PHYSICAL AND FINANCIAL PROGRESS OF LAND ACQUISITION .................................. 13

6.1 Number of Affected Households (HHs) Fully Paid ..........................................................13

*1HHs in J3, have not received the compensation as he is disputing. The amount of compensation has been put in Treasury .........................................................................14

6.2 Total Land Area under Acquisition paid .........................................................................14

6.3 Amount Disbursed to Affected Households ...................................................................15

VII. GENERAL PROGRESS ON GROUND CLEARANCE AND HANDING OVER ....................... 16

7.1 Status for land clearance and handing over of Acquired land .......................................16

7.2 Status on Ground Clearance and Handing over of land by Affected Households ..........16

VIII. OBSTRUCTION ON HANDING OVER OF LAND AND GROUND CLEARANCE ................. 17

8.1 Issues affecting Timely Land Handover: .........................................................................17

8.2 Initiative to resolve the Issues, affecting Timely Land Handover: ..................................19

IX. RE-ESTABLISHMENT OF AHHs SETTLEMENTS AND BUSINESS ENTERPRISES; .............. 24

X. GRIEVANCES AND REDRESSAL ................................................................................. 26

10.1 Grievances Received and Redressed ..............................................................................26

XI. RELOCATION AND TRANSFER .................................................................................. 27

11.1 Resettlement Preferences of Eligible Affected Households ...........................................27

11.2 Status of Resettlement Site development ......................................................................28

11.3 Obstruction in Relocation ...............................................................................................30

XII. INCOME RESTORATION PROGRAM (IRP) IMPLEMENTATION .................................... 36

12.1 Final list of HHs participated in the income restoration program (IRP) .........................36

12.2 Vulnerable Group and their Participation in IRP ............................................................37

12.3 Status on IRP Implementation ........................................................................................38

12.4 Status on Schedule of IRP Implemetation: .....................................................................44

12.5 Evaluation of IRP Implementation in Can Gio District ....................................................45

12.6 Completion Evaluation Report on IRP implementation in Can Gio District ...................45

XIII. PREPARATION OF RESETTLEMENT PLAN (RP) ADDENDUM : ..................................... 45

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LIST OF TABLES

Table 1.The Package details and Length of the BLLT expressway project ............................................ 7

Table 2. The project profile and contractors ..................................................................................... 7

Table 3. Updated number of Affected Households in comparison to RP list ..................................... 10

Table 4. Updated Area of Affected Land .......................................................................................... 11

Table 5. Resettlement Budget as per URP and Updated Decision ..................................................... 12

Table 6. Number of Fully Paid Affected Households (HHs)................................................................ 14

Table 7. Total Land area paid .......................................................................................................... 14

Table 8. Disbursement of Compensation to Affected Households .................................................... 15

Table 9. General Progress in Land Clearance and Handing over of Land ............................................ 16

Table 10. General Progress in Land Clearance and Handing over Land .............................................. 17

Table 11. Main Issues on Handing over of land up till Sept 2017 ....................................................... 18

Table 12. Initiative to Resolve the Issues ......................................................................................... 19

Table 13. Land recovery, compensation and ground clearance procedures ....................................... 20

Table 14. No. of Grievances Received and Resolved ......................................................................... 26

Table 15. Resettlement Preferences of Fully Affected Households. .................................................. 27

Table 16. Status of Resettlement Site Development up till Sept. 2017 .............................................. 28

Table 17. Obstruction in Relocation ................................................................................................ 30

Table 18. Final Households list to Participate in IRP (Tranche-1) ....................................................... 36

Table 19. Vulnerable Group Participation in IRP .............................................................................. 37

Table 20. Status on IRP implementation .......................................................................................... 39

Table 21. Provision of Training to IRP Participating Households ....................................................... 42

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LIST OF FIGURES

Figure 1.Layout of Project ....................................................................................................................... 32

Figure 2. General Location of Project in transport system of Ho Chi Minh City and Surrounding ......... 28

Figure 3. Package A1: Status of Project Location updated to February 24, 2016 on Aerial Photograph 29

Figure 4. Package A2-1: Status of Project Location updated to January 23, 2017 on Aerial Photograph29

Figure 5. Package A2-2: Status of Project Location updated to January 23, 2017 on Aerial Photograph31

Figure 6. Package A3: Status of Project Location updated to January 23, 2017 on Aerial Photograph .. 31

Figure 7. Package A4: Status of Project Location updated to January 23, 2017 on Aerial Photograph .. 33

Figure 8. Package J1, J2, J3: Status on Location updated January 23, 2017 on Aerial Photograph ........ 34

Figure 9. Package A5, A6, A7-ADB Section III- Status of Project Location ............................................... 35

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LIST OF ANNEXURES

Annex 1: Status on Handing over of land and Ground Clearance (ADB Section) .................................... 48

Annex 2: Critical Locations need urgent Ground Clearance and Handing Over...................................... 52

Annex 3: Notification of HCMC People’s committee (PC) on license to construct New House .............. 53

Annex 4: Minute of Meeting on handing over of land to construct P2 Pillar ......................................... 57

Annex 5: Final Updated List of households participated in IRP............................................................... 60

Annex 6: Updated list of Vulnerable Group, participated in IRP ............................................................. 68

Annex 7: List of HHs already received input in IRP .................................................................................. 69

Annex 8: Income Restoration Program Implementation Schedule ......................................................... 70

Page 10: VIE: Ben Luc-Long Thanh Expressway Project...Final Greater Mekong Sub region (GMS) Ben Luc-Long Thanh Expressway Project Package C1: Supervision Consulting Services Loan No: 2730-VIE

I. INTRODUCTION

1. The Ben Luc-Long Thanh Expressway Project (BLLT) is one of the 16 expressways under Eastern North-South Expressway as per “Development planning of Vietnam expressway network toward 2020 and the vision after 2020” and “Detailed planning of Eastern North-South Expressway”, approved by the Prime Minister through Decision No. 1734/QD-TTg, dated 01 December 2008 and Decision No. 140/QD-TTg, dated 21 January 2010.

2. The Ben Luc - Long Thanh Expressway Project has an overall length of 58km. It traverses through 16 Communes in 7 Districts of 3 Provinces. This proposed expressway starts from My Yen Commune and part of an access-road in Tan Buu Commune, Ben Luc District, Long An Province; and traverses through Binh Chanh Commune, Tan Quy Tay Commune, Hung Long Commune, Da Phuoc Commune in Binh Chanh District; Nhon Duc Commune, Long Thoi Commune in Nha Be District, and Binh Khanh Commune in Can Gio District, in Ho Chi Minh City; then goes through Phươc Khanh commune, Vinh Thanh Commune, Phuoc An Commune in Nhon Trach District, Long Phuoc Commune, and ends at Phuoc Thai Commune in Long Thanh District of Dong Nai Province. The proposed right of way (PROW) and land acquisition area along the route varies from 56m - 73m wide.

3. The project expressway is divided into three section; western section (21.14 km), middle section (10.71 km), and eastern section (25.25 km). For the expressway construction, ADB (Asian Development Bank) finances the western and eastern sections, and Japan International Cooperation Agency (JICA) finances the middle section. The project was estimated to cost $1.608 billion at appraisal, inclusive of local taxes, contingencies, and financing charges during development. Tranche 2 in the amount of $286 million will cover construction of the eastern section of the expressway.

II. PROJECT DESCIPTION

4. Ben Luc – Long Thanh Expressway has an overall length of 57.7 km and divided into 11 construction packages. Construction is being carried out at 8 packages and the entire budget for construction is being funded by ADB and JICA. The JICA funding covers section II (middle section), which include packages: J1; J2; J3. The ADB funding covers ADB section I (packages: A1; A2-1; A2-2; A3; A4) and ADB section III (Packages: A5, A6, A7). (Table 1 &2)

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Table 1.The Package details and Length of the BLLT expressway project

Source: Resettlement Plan of all concerned sub-project road, VEC’s documents and detail design

Table 2. The project profile and contractors

Description ADB section I - Packages*

Project Name A-1. A-2.1 A-2.2 A-3. A-4.

Project Location Km. 0+600 – 7+900

Km.: 7+900 – 11+200

Km11+200.0-16+600.0

Km.: 16+600 – 18+7135

Km.:18+7135- 21.7395

Contract Number 03/HDXD-VEC/2015

04/HDXD-VEC/2015

067/HDXD-VEC/2014

05/HDXD-VEC/2015

39/HDXD-VEC/2015

Executing Agency Vietnam Expressway

Corp.

Vietnam Expressway

Corp.

Vietnam Expressway

Corp.

Vietnam Expressway

Corp.

Vietnam Expressway Corp

Contract Length 7.300 Km 3.300 Km 5.400 Km 2.100 Km 3.026 km

Source of Fund ADB Loan No.: 2730-

VIE

ADB Loan No.: 2730-VIE

ADB Loan No.: 2730-VIE

ADB Loan No.: 2730-VIE

ADB Loan No.: 2730-VIE

Contractor JV Halla Corp–

Vinaconex Eng.Cons. &

JV Kukdong Eng.Consut.

Co.-Trung Chinh T.C.

Joint Venture of Samwhan

Corporation - Vạn Cuong

JV Halla Corp–Vinaconex Eng.Cons.& Invest.JSC.

JV of Kukdong Eng. & Construction Co., Ltd., Dong Me Kong

Construction and

Length

(in Km.)

Ben LucMy Yen/

Tan Buu

Can Giuoc Phuoc Ly

Binh Chanh

Tan Quy Tay

Ho Chi Minh City Binh Chanh Tan Quy Tay

Long An Can Giuoc Long Thuong

Ho Chi Minh city Binh Chanh Hung Long

Hung Long

Da Phuoc

Binh Chanh Da Phuoc

Nha Be Nhon Duc

5 Package A- 4 Km20+169 Km21+744 3.026 km Ho Chi Minh city Nha BeNhon Duc/

Long Thoi

Nha Be Long Thoi

Can Gio Binh Khanh

7 Package J -2 Km23+769.0 Km29+531.5 5.762 km Ho Chi Minh city Can Gio Binh Khanh

Ho Chi Minh city Can Gio Binh Khanh

Dong Nai Nhon Trach Phuoc Khanh

Phuoc Khanh

Vinh Thanh

Vinh Thanh

Phuoc An

Nhon Trach Phuoc An

Long Phuoc

Phuoc Thai

Binh Chanh

Ho Chi Minh city

Ho Chi Minh city

AD

B s

ecti

on

I

Package A 2-2

Package A 2-1

JIC

A s

ecti

on

IIA

DB

sec

tio

n II

I

Grand Total : 57,7 km

Long An

Km11+200

Km11+200 Km16+600

Km16+600 Km20+169

Remark

Ho Chi Minh City

Ho Chi Minh city Binh Chanh

11 Packager A- 7

Km52+400 Km57+700 Dong NaiLong Thanh

Dong Nai Nhon Trach

10Package A- 6

Km35+900 Km52+400 Dong Nai Nhon Trach

8Package J- 3

Km29+531.5 Km32+450

9Package A -5

Km32+450 Km35+900

2.92 km

2.025 km

3.45 km

16.500 km

5.3 km

6 Package J- 1 Km21+744 Km23+769.0

3 5.400 Km

4 Package A-3 2.114 Km

1 Package A-1 7.300 Km

2 3.300 Km

Km0+600 Km7+900

Km7+900

Sl. No. Pkg. No. ProvinceDistrict

CoveredCommuneFrom Km to Km

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Description ADB section I - Packages*

Project Name A-1. A-2.1 A-2.2 A-3. A-4.

Invest.JSC. Trading Service Co. Ltd.

NTP May 26th, 2015

May 19th, 2015 Aug. 15th 2015 May 19th, 2015 August 06th , 2016

Contract Period 1080 days 1,076 days 1050 days 1,095 days 900 days

Description JICA section I - Packages*

Project Name J-1. J-2 J-3

Project Location Km. 21+744 – 23+769 Km.: 23+769 – 29+531.5 Km29+531.5- 32+450

Contract Number

Executing Agency Vietnam Expressway Corp. Vietnam Expressway Corp. Vietnam Expressway Corp.

Contract Length 2.025 km 5.762 km 2.92 km

Source of Fund JICA JICA JiCA

Contractor LD Shimizu – Vinaconex E&C LD Sumitomo Mitsui – Cienco 4

LD Sumitomo Mitsui – Cienco 4

NTP 1/April /2016 28/October/2014 4/February/2016

Contract Period 47 months ( 1410 days) 32 months ( 960 days) 42 months ( 1260 days)

Description ADB section III - Packages*

Project Name A 5. A6 A7

Project Location Km. 32 +450– 35+900 Km.: 35+900 – 52+400 Km52+400.0-57+700.0

Contract Number

Executing Agency Vietnam Expressway Corp. Vietnam Expressway Corp. Vietnam Expressway Corp.

Contract Length 3.45 Km 16.5 Km 5.3 Km

Source of Fund ADB Loan No.: 2730-VIE ADB Loan No.: 2730-VIE ADB Loan No.: 2730-VIE

Contractor have not signed contract have not signed contract have not signed

contract

NTP have not signed contract have not signed contract have not signed

contract

Contract Period have not signed contract have not signed contract have not signed

contract

Source: Resettlement Plan of all concerned sub-project road, VEC’s documents and detail design

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III. MONITORING AND REPORTING

5. This report is concerned with the monitoring and reporting of Resettlement Plan (RP) implementation. The main objective of monitoring of resettlement work is to provide an insight and guidelines to the management for assessing the progress of resettlement. Its objective is to identify probable difficulties and problem area, like a RADAR system providing an early warning system, which need correction.

6. In order to ensure effective implementation of the Resettlement Plan (RP) and achievement of the set targets, internal monitoring of Resettlement & Rehabilitation (R&R) components of the project has been carried out by the EA with the help of Resettlement Specialist of project supervision consultant (PSC), to enable timely adjustment of implementation set up and procedures.

7. Now, South Expressway Project Management Unit (SEPMU) of Ben Luc Long Thanh (BLLT) Expressway Project is the representative of the executing agency (VEC) and is responsible for internal monitoring. As per agreed RPs, SEPMU has to submit quarterly monitoring report to ADB and VEC. This quarterly monitoring report No.3 (QRNo-3) of 2017 presents the status of land acquisition and handing over of land for the project & income restoration program (IRP) implementation up till September, 2017.

IV. OBJECTIVES OF INTERNAL MONITORING REPORT (IMR)

8. The objectives of the monitoring program are:

1) Monitoring of gender disaggregated resettlement progress of the affected HHs under RP implementation, in particular land acquisition and handing over land to project and implementation of IRP

2) Assessment of monitoring the standard of living of Affected Households (AHHs) are restored or improved;

3) monitoring whether the overall project and resettlement objectives are being met; 4) assess, if rehabilitation measures and compensation are sufficient; 5) Identify problems and risks; and identify measures to mitigate problems. 6) Identify and explain issues in Memorandum of Understanding ( MOU) of each ADB

mission to meet Safeguards Policy Statement (SPS), 2009 9. The range of activities and issues that need to be recorded and verified, include:

1) Compensation, allowance payments and delivery of assistance measures to affected households (AHHs);

2) Re-establishment of AHHs settlements and business enterprises; 3) Reaction of AHHs, in particular, to resettlement and compensation packages; and 4) Implementation of IRP to restore income of HHs after land acquisition 5) Review and support (if necessary) to resolve disputes and grievances of AHHs 6) Assistance provided to AHHs in relocation to new resettlement sites.

10. SEPMU has invited bidding for the selection of external monitor to make compliance of ADB directives; however, no decision has been taken up till 3rd Q 2017. There is no external monitor, who could monitor and evaluate the RP updating and implementation.

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11. For this Project, a Consulting service contracts has been made on 12th November 2014 between Vietnam Expressway Corporation (hereinafter refer to as VEC) and Joint Venture of Dasan Consultant Co., Ltd, with Kunhwa Engineering & Consultant Co., Ltd. and Intercontinental Consultants and Technocrats Pvt., Ltd, as project supervision consultant (PSC). The Team Leader /Highway Engineer of the project supervision consultant act as the Engineer of the Project, while Resettlement Specialist of PSC will assist in the updating, implementation and monitoring of RP activities

V. LAND ACQUISITION AND RESETTLEMENT IMPACTS

5.1 Number of Household affected by land acquisition

12. There is no change in the final list of affected households from June 2017 up till September 2017, the reporting period. This list is updated and verified every quarter by Center of Land Fund Department (CoLFD) of the district on the basis of decision of land acquisition and compensation plan, and finally approved by Chairman, Peoples Committee of the Province. The details are presented in Table-3 below:

Table 3. Updated number of Affected Households in comparison to RP list

Sl. No.

Station District/

Commune

No of Affected HHs

Remarks (As per URP)

Up till June 2017

Updated Decision

(Jul- Sept 17)

Male (M) Female (F) Total

1 Km 0+000 to Km 2+230

Ben Luc District

A. Tan Buu 31 58 40 18 58

B. My Yen 259 261 169 92 261

Total 290 319 209 110 319

2 Km 02+230 to 17+125

Binh Chanh District

A. Binh Chanh 280 280 180 100 280

B. Tan Quy Tay 82 66 49 17 66

C. Hung Long 394 385 239 146 385

D. Da Phuoc 425 430 281 149 430

Total 1,181 1161 749 412 1161

3 Km 4+020 to Km 9+120

Can- Giuoc District

A. Phuoc Ly 142 177 108 69 177

B. Long Thuong 88 63 44 19 63

Total 230 240 152 88 240

4 Km 17+125 to 23+420

Nha- Be District*

A. Non-Duc 198 192 139 53 192

B. Long Thoi 230 225 153 72 225

Total 428 417 292 125 417

5 JICA Section (J1, J2-J3)*

Can Gio District

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Sl. No.

Station District/

Commune

No of Affected HHs

Remarks (As per URP)

Up till June 2017

Updated Decision

(Jul- Sept 17)

Male (M) Female (F) Total

Km 21+744 to 32+450

Binh Khanh 189 204 137 67 204

Phuoc Khanh**

Total 189 204 137 67 204

6 Km 32+450 to 57+700

Nhon Trach District

Phuoc khanh 104 104 NA NA 104 land acquisition is carrying

out

Vinh Thanh 375 376 NA NA 376

Phuoc An 409 447 NA NA 447

Total 888 861 NA NA 861

Long Thanh District

NA NA

Long phuoc 1 1 NA NA 1 land acquisition is carrying

out

Phuoc Thai 266 273 NA NA 273

Total 267 274 NA NA 274

Grand Total 3473 3556 3556 3549

Source: Resettlement Plan of all concerned sub-project road, updated decision of land acquisition and compensation plan, VEC’s documents and detail design and DCC in each district * It is noted that -J1 part of JICA section II, falls in a part of Long Thoi Commune of Nha Be District (about 80 HHs) and **J3 part of JICA section II, fall in a part of Phuoc Khanh Commune of Nhon Trach District (about 80 HHs).

5.2 Area of Impacted Land as per Updated Decision

13. Land Acquisition is the major issues that determine the progress of work. Since, the project alignment has been designed in a new land, hence, major part of land consists of agriculture land (nearly 85%), while the remaining are residential land and swampy river area. The table below gives clear picture of updated status of land acquisition:

Table 4. Updated Area of Affected Land

Sl. No.

District / Commune

Package

Area of Affected Land

% Change Up till June 2017 Jul- Sept 2017

Govt. Land

Private Land

Total Land Govt. Land

Private Land

Total Land

1 Ben Luc A1 5.04 34.65 39.69 5.04 34.65 39.69 0.0

2 Binh Chanh

A1, A2-1, A2-2 and A3 12.50 105.27 117.77 12.50 105.27 117.77 0.0

3 Can Giuoc A1, A2-1 0.00 19.02 19.02 0.00 19.02 19.02 0.0

4 Nha Be A3, A4, J1 2.72 43.50 46.22 2.72 43.50 46.22 0.0

5 Can Gio J2 & J3 12.57 18.13 30.70 12.57 18.13 30.70 0.0

6 Nhon Trach

J3,A 5, A 6, A-7 10.26 137.54 147.80 10.26 137.54 147.80 0.8

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Sl. No.

District / Commune

Package

Area of Affected Land

% Change Up till June 2017 Jul- Sept 2017

Govt. Land

Private Land

Total Land Govt. Land

Private Land

Total Land

7 Long Thanh

A 7 16.00 11.82 27.82 16.00 11.82 27.82 0.0

Total 59.09 369.92 429.01 59.09 369.92 429.01 0.0

Source: VEC’s documents and detail design and DCCs of each project District

14. The above table shows that there is no change in recovered land area from previous reporting period.

15. The updating in recovered land area at this juncture is due to updating of land acquisition

at micro level for each household, duly verified by the joint team of EPMU, Contractors and

Local authorities of each District. The land area reflected in the DMS (Detailed Measurement Survey) at design stage was a generic assessment, while the updating of impact on land at this stage of implementation is being done as per actual measurement, considering the design consideration.

16. In the previous reporting period, a reduction in land acquisition area in different

packages was observed, which was attributed to factors like, recording of land area not based

on micro level assessment but based on general decision of DCC (district compensation

committee); account of land concerning canal, ditch, and road and inclusion of small scrublands

etc., which has been well explained in quartrerly-1 report (March 2017)

17. It is also pertinent to mention here that it was March 2017, when EPMU, Contractors and

Local authorities of each District have decided to carry out updating of land acquisition area for

each household at micro level. Accordingly, a detail of land acquisition for each household at

micro level was started measured and updated. Now onwards, the data received from joint

verification/ measurement of the stated team will be used for calculation of land acquisition

area and will be updated each month.

18. A minor change in total land acquisitioin area is still expected in packages (A5, A6 & A7) of section-III, where land acquisition process is in the way.

5.3 Budgeted amount for RP implementation

19. The table below shows the resettlement budget as per updated decision up till Sept 2017 and its comparison with the URP and the previous quarter (please see remarks column in the table):

Table 5. Resettlement Budget as per URP and Updated Decision

Unit: (VND billion)

Sl. No.

District Pkg

LAR Budget Requirement (in Billion VND)

Remarks

As per URP Up till June

2017

Updated as on Sept.

2017

1 Ben Luc A1 247.00 255.043 255.043 The updated information on final resettlement budget is based on Master list and various updated

2 Can Giuoc A1, A2-1 188.51 255.668 255.668

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Sl. No.

District Pkg

LAR Budget Requirement (in Billion VND)

Remarks

As per URP Up till June

2017

Updated as on Sept.

2017

3 Binh Chanh A1, A2-1, A2-2, A3 1,873.37 1658.371 1658.371

Decision of District compensation Committee to pay compensation, support and resettlement to each affected household

4 Nha- Be A3, A4, J1 631.17 680.092 680.092

5. Can Gio J1, J2, J3 139.00 124.781 124.781

6 Nhon Trach A5, A6, A7 377.058 399.376 399.376

7 Long Thanh A7 157.497 179.429 179.429

Total 3,613.61 3552.76 3552.76

20. The above table, updated in Quarter-3 (Sept 2017), enunciates that there is no change in land acquisition budget as there is no in land recovered area. The Land acquisition cost is being updated at micro level at the time of actual payment during implementation. This budget will keep changing up till completion of RP implementation activities, which will be updated in every quarterly report.

VI. PHYSICAL AND FINANCIAL PROGRESS OF LAND ACQUISITION

21. Monitoring of resettlement progress of the affected HHs under RP implementation, in particular land acquisition and handing over land of land has been carried out in this quarter like previous quarter. During this reporting period it was tried to appraise gender segregated monitoring of the resettlement progress of the affected HHs, reflected in subsequent sections.

6.1 Number of Affected Households (HHs) Fully Paid

22. Acting upon the action plan on distribution of compensation, district and commune people’s committee are almost in advance stage for Compensation payment with the help of their team members and Executing Agency.

23. As against the acquired land and property, the compensation has been paid in full to 87.94% affected households up till September 2017 in comparison to 77.76 % % in Q-2, June 2017, a substantial progress from last reporting period. The payment detail up till date has been drawn in the Table-6. The payment was made in accordance with priority of construction activities.

24. 100% compensation has been made to JICA section, while it is 96.50 % in Section-1 (Western section- A1, A2-1, A2-2, A3 & A4), a little increase from last reporting period.

25. A significant improvement has been witnessed in compensation payment for section-III (Eastern Section- A5, A6 & A7), where an average 68.50% HHs have been paid up till this reporting period, as against 37.00 % from last reporting period.

26. 86.11% HHs have been paid in package A6, a huge advancement from previous reporting period, while in last reporting period the payment was only 37.17%.

27. Remaining unpaid HHs is being paid as per priority.

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Table 6. Number of Fully Paid Affected Households (HHs)

Packages

Total Number of

Affected Households

(HHs)

No. of Affected Households Paid

Up till March 2017 Up till June2017' Up till Sept. 2017

HHs % HHs % HHs %

Package A1 842 822 97.60% 824 97.86% 826 98.10%

Package A2-1 293 285 97.30% 289 98.63% 289 98.63%

Package A2-2 580 489 84.30% 527 90.86% 529 91.21%

Package A3 118 118 100.00% 118 100.00% 118 100.00%

Package A4 226 226 100.00% 226 100.00% 225 99.56%

Total 2059 1940 92.30% 1984 96.36% 1987 96.50%

Package J1 102 102 100.00% 102 100.00% 102 100.00%

Package J2 153 153 100.00% 153 100.00% 153 100.00%

Package J3 107 107 100.00% 107 100.00% 107* 100.00%

Total 2 362 362 100.00% 362 100.00% 362 100.00%

Package A5 105 38 36.20% 96 91.43% 96 91.43%

Package A6 756 0 0.00% 281 37.17% 651 86.11%

Package A7 274 5 1.80% 5 1.80% 31 11.31%

Total 3 1135 43 3.80% 382 37.00% 778 68.55%

Grand Total 3556 2345 64.80% 2765 77.76% 3127 87.94% *1HHs in J3, have not received the compensation as he is disputing. The amount of compensation has been put in Treasury

6.2 Total Land Area under Acquisition paid

28. 88.10 % of acquired land has been paid up till this reporting period, while it was 84.18 % in last reporting period. The payment has been made maximum 100.00 % in JICA section (1 HH is diputing the compensation and amount of which is put into treasury, however, he handed over the land for construction), while it is more than 97.18 % in Packages A1, A2-1 A3 & A4, comprising Ben Luc, Can Giouc, and Can Gio districts respectively. The payment in Long Thanh District, which was just initiated in last reporting period, has got momementum during this reporting period and 75.05 % land area in this district has been paid. The package wise detail on status of land area paid is delineated in Table 7.

Table 7. Total Land area paid

Packages Recovered land

area (ha)

Land area already paid

Up till June 2017 Up till Sept. 2017

Area (Ha) % Area (Ha) %

Package A1 89.83 87.63 97.55% 87.65 97.57%

Package A2-1 22.34 22.15 99.15% 22.15 99.15%

Package A2-2 61.53 57.79 93.92% 57.88 94.07%

Package A3 9.68 9.68 100.00% 9.68 100.00%

Package A4 31.24 31.21 99.90% 31.21 99.90%

Total 214.62 208.46 97.13% 208.57 97.18%

Package J1 11.46 11.46 100.00% 11.46 100.00%

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Packages Recovered land

area (ha)

Land area already paid

Up till June 2017 Up till Sept. 2017

Area (Ha) % Area (Ha) %

Package J2 22.12 22.12 100.00% 22.12 100.00%

Package J3 16.23 13.24 81.58% 13.24 81.58%

Total 2 49.81 46.82 94.00% 46.82 94.00%

Package A5 21.1 19.24 91.18% 19.24 91.18%

Package A6 110.78 80.2 72.40% 94.87 85.64%

Package A7 31.9 12.47 31.25% 14.81 37.12%

Total 3 163.78 111.91 65.15% 128.92 75.05%

Grand Total 436.21 367.19 84.18% 384.31 88.10%

6.3 Amount Disbursed to Affected Households 29. Payment of compensation is being carried out by District Compensation Committee (DCC) in each District. The compensation to affected households is being paid through a/c payee cheques to maintain the transparency in the payment process. In this context, financial progress of compensation and allowances, paid to eligible HHs, was aslo monitored. 30. The summary of district wise progress of disbursed amount, are presented in Table-8, which indicates the disbursement of compensation and allowances up till Sept 2017

Table 8. Disbursement of Compensation to Affected Households

Unit: (VND billion)

Sl. No

District

Updated Compensation Cost

Paid %

Remarks As of

June 2017 Up to

Sept 2017 Up to

June 2017 Up to

Sept 2017

1 Ben Luc 255.043 255.043 100 100

*1 case pending due to court case,

however, compensation amount has

been deposited in treasury

2 Can Giuoc 255.668 255.668 100 100

3 Binh Chanh

1658.371 1658.371 91.13 93.66 Unpaid cases due to unresolved cases

of Grievances

4 Nha Be 680.092 680.092 99.47 99.51 In the process of resolving grievances

in branch A

5 Can Gio 124.781 124.781 100 100

6 Nhon Trach

399.376 399.376 27.91 55.16

Land Acquisition and approval of

Budget is linked to construction

activites, hence, payment is being

made in accordance with priority of

construction activities.

7 Long Thanh

179.429 179.429 1.5 26.37

Land Acquisition and approval of

Budget is linked to construction

activites, hence, payment is being

made in accordance with priority of

construction activities. .

Total 3552.76 3552.76 74.28 82.1

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VII. GENERAL PROGRESS ON GROUND CLEARANCE AND HANDING OVER

7.1 Status for land clearance and handing over of Acquired land

31. Land Acquisition and Ground Clearance are nearly on completion in all concerned districts of ADB section-1 (reached up 97% for all packages). Handing over of land area in Packages A1, A2-1, A2-2 and A3 & A4 is 98 %, 99%, 94%, and 100 % respectively. Only in Binh Chanh District, especially in package A2-2, the handing over of land witnessed a little progress.

32. The disbursement in two Districts; Nhon Trach and Long Thanh are being carried out as per priority, linked to construction activity. However, during this reporting period, there was a good progress in compensation payemtnas as well as handing over of land, where 77 % of the affected Households have handed over the land

33. The details of progress in land clearance and status of handing over of land to Civil works up till Sept 2017 has been weighed up in Table No 9: (See detail in Annex 1)

Table 9. General Progress in Land Clearance and Handing over of Land

Package

Recovered land area

(ha) / AHHs No.

Up till June 2017 Up to Sept. 2017 Percentage

progreaa from previous

rep;orting period (%)

Remaining % up till Sept 2017 (%) Land

Handed over (ha)

% Handed Over

land handed

over ( ha)

% hand over

Package A1 89.83 87.63 98% 87.65 98% 0.0% 2%

Package A2-1 22.34 22.15 99% 22.15 99% 0.0% 1%

Package A2-2 61.53 57.79 94% 57.88 94% 0.1% 6%

Package A3 9.68 9.68 100% 9.68 100% 0.0% 0%

Package A4 31.24 31.21 100% 31.21 100% 0.0% 0%

Total (A) 214.62 208.46 96.9% 208.57 97% 0.1% 3%

Package J1 11.46 11.46 100% 11.46 100% 0.0% 0%

Package J2 22.12 22.12 100% 22.12 100% 0.0% 0%

Package J3 13.24 13.24 100% 13.24 100% 0.0% 0%

Total (B) 46.82 46.82 100% 46.82 100% 0.0% 0%

Package A5 21.1 19.23 91% 19.23 91% 0.0% 9%

Package A6 115.01 80.2 70% 94.87 82% 12.8% 18%

Package A7 31.46 12.47 40% 14.81 47% 7.4% 53%

Total (C) 167.57 111.9 67% 128.91 77% 10.2% 23%

Grand Total (A+B+C)

429.01 367.18 85.59% 384.30 90% 4.0% 10%

* Resource: Report from contractors and EPMU’s staffs and construction sites in each package and report of CoLFD and

DCC in each District to Sept, 2017

7.2 Status on Ground Clearance and Handing over of land by Affected Households

34. The assessment of handing over of land by affected households (HHs) in eastern section has also been done. The finding reveals 88.27 % HHs have handed over the land for construction up till Sept 2017, which is about 10. 5% more than last reporting period, June 2017 (77.76 % of the HHs). The percentage of affected households in western section, who handed over the land is now 96.9 % higher than last reporting period of 96.8 %, while remaining districts in western section have

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achieved the target of either100.00% or over 99.69 % (Ben Luc District is 99.7 %; Can Giuoc is 100%, Nha Be is 99.8% and Can Gio is 100 % respectively). Nhon Trach district of eastern section has also achieved good progress, i.e., 87.79 % in land handing over.

Table 10. General Progress in Land Clearance and Handing over Land

District Total HHs

Up till June 2017

Up to Sep 2017

% rate of hand over

in reporting period

Already Handed

over

Not yet hand over

% rate of hand over

Already handed

over

not yet hand over

% rate of hand over

( July - Sep 2017)

A-Ho Chi minh city

Ben Luc 319 318 1 99.7% 318 1 99.7% 0.0%

Binh Chanh 1161 1087 74 93.6% 1091 70 94.0% 0.3%

Can Giuoc 240 240 0 100.0% 240 0 100.0% 0.0%

Nha Be 417 416 1 99.8% 416 1 99.8% 0.0%

Can Gio 204 204 0 100.0% 204 0 100.0% 0.0%

Total 2341 2265 76 96.8% 2269 72 96.9% 0.2%

B-Dong Nai Province

Nhon Trach 942 457 485 48.51% 827 115 87.79% 39.28%

Long Thanh 273 43 230 15.75% 43 230 15.75% 0.00%

Total 1215 500 715 41.15% 870 345 71.60% 30.45%

Grand Total 3556 2765 791 77.76% 3139 417 88.27% 10.52%

Resource: Report from contractors and SEPMU’s staffs in each package and report of CoLFD and DCC in each District to Sept, 2017

VIII. OBSTRUCTION ON HANDING OVER OF LAND AND GROUND CLEARANCE

8.1 Issues affecting Timely Land Handover:

35. The total number of HHs, who have not handed over the land to the project due to various reasons, is 866 in number. Most of the Households, who haven’t handed over the land in eastern section, fall in Binh Chanh District; i.e., 71 HHs. These HHs have not yet handed over the land to Project (most of in package A2-2). The details of HHs, who have not handed over the land is due to the following reasons:

• Ben Luc District

1) In Ben Luc District there is still one household with disputes over land ([This information has

been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense

or national security of a member) of ADB’s Public Communications Policy (2011).] (2,770 m2)) with a compensation amount of 2.605.217.035 VND), has not handed over the land. However, on 01/8/2017, the decision has been awarded by the People's Court of Long An Province and now District People's Committee will request handover of premises after 15 days. In the meantime, HHs has agreed to hand over a part of land plot No 1435 to facilitate the construction of Piers for interchange for the Project.

• Binh Chanh District

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1) Binh Chanh District witnessed a tremendous urban development in recent past. The affected households are asking for more compensation.

2) In 2 Communes of Binh Chanh district; Hung long and Da Phươc, payment of compensation is very slow in comparison to other Communes in the project.

3) 6 HHs are disputing for compensation and lodging grievances; not yet receive Compensation

4) Currently, there are 15 HHs, who have received all payment but not handing over the land due to various reasons related to problem in resettlement (waiting Permit/ license to be constructed on remaining land part - 2 HHs; applied for construction of new house -13 HHs)

5) 46 HHs in Binh Chanh district didn’t receive the money, and their money has been deposited in treasury).

6) Cases of 4 HHs are waiting Decision from court and additional supply of legal base to receive compensation, (package A2-1 - 2 HHs; 2 HHs in Package A2-2 in Hung Long Commune)

• Nha Be District

1) 39 HHs are disagree to sign the payment agreement and not handed over the land yet in Nha Be District.

• Nhon Trach District

1) 481 HHs have been paid but not handed over the land as they are waiting for Building Permits and other reason

2) 30 HHs are waiting for compensation payment

• Long Thanh District

1) 123 HHs have been paid but not handed over the land as they are waiting for Building Permits and other reason

2) 120 HHs are waiting for compensation payment

36. There various reasons, stated above, for delay in handing over of the land have been drawn, here, in the table below:

Table 11. Main Issues on Handing over of land up till Sept 2017

No Contents

Main Reasons for not Handing over the land

Long An Province Ho Chi Minh City

Province Dong Nai Province Total

Ben Luc Binh

Chanh Nha Be

Nhon Trach

Long Thanh

1 Disagree to sign the payment Agreement

39 39

2 HHs are disputing and grievances; not yet receive Compensation

6 6

3 Being resolved by the court 1 4 5

4 In process to complete legal status

0

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No Contents

Main Reasons for not Handing over the land

Long An Province Ho Chi Minh City

Province Dong Nai Province Total

Ben Luc Binh

Chanh Nha Be

Nhon Trach

Long Thanh

5 In process to issue decision of compensation

6 Put in treasury 46 46

7 Paid but not handed over (No Building Permits and other reasons)

15 1 481 123 620

8 Not yet Compensation 0 30 120 150

Total 1 71 1 550 243 866

* Resource: Report from contractors and EPMU’s staffs are supervising construction sites in each package and report of

CoLFD and DCC in each District to Sept 2017

37. The information on critical locations and other details of obstruction, which need urgent action on Ground Clearance, is highlighted in Annex. -2 and also see the minute in Annex.- 3

8.2 Initiative to resolve the Issues, affecting Timely Land Handover:

Table 12. Initiative to Resolve the Issues

No

Contents

Long An Province

Ho Chi Minh City Province

Dong Nai Province Total

Remarks Ben Luc

Binh Chanh

Nha Be Nhon Trach

Long Thanh

M F M F M F M F M F M F T

1

No. of HHs who have

received compensation

but waiting for

Resettlement Issues to

be resolved

0 0 14 1 1 0 481 0 123 NA 619 1 620

Different Cities and

Binh Chanh District

will soon decide,

deploying permits

for households

1.1 Apply for permission to

build house on the

remaining land.

0 0 2 0 0 0 370 NA NA NA 372 0 372

1.2 Waiting for relocation 0 0 0 0 0 0 111 NA 123 NA 234 0 234

1.3

Applied for construction

permits on agricultural

land, which does not

conform the planning.

0 0 12 1 1 0 NA NA NA NA 13 1 14

2 Number of households

not receiving money. 1 0 30 26 0 0 39 NA NA NA 70 26 96

Finalization of legal

procedures, early

planning of

consciousness

raising and forcible

handover of

premises.

2.1

Number of HHs

disputing total claims,

have not received

compensation

0 0 3 3 0 0 39 0 NA NA 42 3 45

2.2

Number of HHs, the

cases of which are being

handled by court

0 0 1 3 0 0 NA NA NA NA 1 3 4

2.3 Amount deposited in

temporary custody/ 1 0 26 20 0 0 NA NA NA NA 27 20 47

3 Not Paid 0 0 0 0 0 0 30 NA 120 NA 150 NA 150 M / F not assessed

Total No. (1+2+3)

(Not Handed Over) 1 0 45 26 1 0 550 NA 243 NA 839 27 866

M/F HHs of Nhon Trach and Long

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No

Contents

Long An Province

Ho Chi Minh City Province

Dong Nai Province Total

Remarks Ben Luc

Binh Chanh

Nha Be Nhon Trach

Long Thanh

M F M F M F M F M F M F T

Thanh not available

*M- Male, F- Female, T- Total

38. As described in the last reporting period that People’s committee (PC), Ben Luc District and Binh Chanh District and CoLFD and Committee of Compensation of District have organized a dialogue with HHs to resolve the pending issues of handing over of land for the Project (see minute in Annex 4). The positive outcome of this dialogue is visible on ground, when the HHs have started handing over the land for civil construction

39. There is no change up till Sept 2017 when it was reported in Q-2 report that about 8 HHs near National Highways -1, are complaining for low compensation. The CoLFD and Committee of Compensation of District are trying to convince the specified HHs through dialogue to hand over the land, however, if they fail to get the handing over of the land, the authority may issue an enforcement decision.

40. It is pertinent to mention here that Article 39 of Law of Land on ‘Land recovery for use for objectives of national defence and security, national interest or public interest’ says that ‘after a decision on land recovery and a plan for compensation, site clearance and resettlement have been approved by the competent State body, publicly announced and become effective, the person, having land to be recovered, must comply with the decision on land recovery. Where a person, having land to be recovered, fails to comply with the decision on land recovery, the people's committee at district level, which is authorized to make the decision on land recovery, shall have the right to issue an enforcement decision.’

41. Land recovery, compensation and ground clearance procedures were first touched upon in Decree No. 197 and then detailed in Decree No. 84 with 12 steps. However, some of these procedures proved impractical and their implementation time limits were not clearly set, causing rampant project construction delay and affecting investor interests.In face of such situation, Decree No. 69 was issued, re-arranging the land recovery, compensation and ground clearance procedures defined in Decree No. 84 in only four steps, which is well illustarted in the following Table:

Table 13. Land recovery, compensation and ground clearance procedures

Steps Measures Time line for different steps

Step-1 Location recommendation and land recovery notification

The time limit for issuance of written recommendations on investment locations, land recovery notices and setting up of compensation, support and resettlement councils is 30 days after the receipt of valid investment dossiers

Step-2 Formulation of compensation, support and resettlement plans

The time for posting and public comment is at least 20 days. Past this time, the compensation, support and resettlement body will summarize the comments, indicating the numbers of pros, cons and other comments. If a large number of people disagree with the compensation, support and resettlement plan, the compensation body must clearly explain or consider and

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adjust it, then finalize and send it together with summarized comments to the natural resource and environment agency for appraisal.

Step-3 Decision on land recovery

The time limit for handover of land to compensation bodies is 20 days after they receive adequate compensation money

Step-4 Coercive land recovery Coercive land recovery is a strong, albeit undesirable,

administrative measure to be taken by the State in necessary cases. In order to prevent such coercion from abuse and protect people’s interests, coercive land recovery must be only carried out in certain cases

42. The decision on Coercive land recovery by cometent authority can be imposed in following cases:

1. If, the land recovery has been strictly carried out according to the above-mentioned three steps; or,

2. Past 30 days after the deadline for land handover, the land users concerned fail to hand over to-be-recovered land; or,

3. The land users decline to hand over to-be-recovered land though they have been persuaded by local administrations and compensation bodies; or,

4. A coercion decision has been issued according to law by a competent state body; or,

5. The coercion decision has been received by the land users concerned or publicly displayed at the office of the commune- level People’s Committee of the place with the land to be

recovered.

43. Coercion decisions will be enforced by coercion forces under the direction of district-level People’s Committees 15 days after the decisions are received by the land users concerned or publicly displayed at the offices of the commune-level People’s Committees and the land areas are not handed over. Any person, subject to a land recovery enforcement decision, must comply with it, howevr; he has the right to make a complaint.

44. The District People's Committee has directed the Compensation Site Clearance Board of Binh Chanh District to speed up the completion of the legal documents so that the site clearance can be completed.

45. Can Gio District have completed handing over of land to Project of 100%.

46. The resolved cases of handing over and present obstruction, updated up till September 2017, is shown in the figures below (Fig.-1- Fig. 14)

Pictures of status of Handing over land to Project updated as on Sept. 2017

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Fig.-1: A pilot study of road at Km 7+00 of package A1- Tan Quy Tay

commune- Binh Chanh District, Ho Chi Minh city

Fig.-2: HH: [This information has been removed as it falls

within exceptions to disclosure specified in paragraph 97,

(exception (x) Information that, if disclosed, would or would

be likely to endanger the life, health, safety, or security of

any individual, or safety or security of ADB assets, or to

prejudice the defense or national security of a member) of

ADB’s Public Communications Policy (2011).] have

temporary agreed for drilling foundation of EP 2 and EP 3

but not yet hand over land in August-September 2017

Fig.-3: 1 HH ([This information has been removed as it falls within

exceptions to disclosure specified in paragraph 97, (exception (x)

Information that, if disclosed, would or would be likely to endanger

the life, health, safety, or security of any individual, or safety or

security of ADB assets, or to prejudice the defense or national

security of a member) of ADB’s Public Communications Policy

(2011).]) is obstructing handver land by waiting for Permit of house

construction- A1 – Binh Chanh Commune- June 2017

Fig.-4: Confirmation page of Service Organization is carrying

out procedure to have Permit of new house construction for

family – May 2017 of HH: ([This information has been

removed as it falls within exceptions to disclosure specified

in paragraph 97, (exception (x) Information that, if

disclosed, would or would be likely to endanger the life,

health, safety, or security of any individual, or safety or

security of ADB assets, or to prejudice the defense or

national security of a member)

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Fig.-5: Some households in left side of HW 1A, they already

relocated and handed over land – in July 2017. Contractor is

constructing along HW 1A

Fig.-6: Land acquisition of HW1A from the HW1A to

Ben Luc District is handed over land completely in

Quarter 3 of 2017

Fig.-7: Location of 1 Household is obstructing in right side of

HW 1A in Package A1 ( complaint of low compensation price-

HH already relocated but not yet hand over land

Fig.-8: 1 HH at HW 50 is constructing new house after

relocation –A2-2 at Hung Long commune

Fig.-5:

Fig.-9: an house relocated in agust 2017 to | In HW 50 in A2-2-

Hung Long Commune

Fig.-10: Completion of land acquisition in Da Phuoc

Commune (area of agricultural land ), A2-2- June 2017

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Fig.-11: Completion of land acquistion in A3- Nhon Duc

commune, Nha Be district- June 2017

Fig.-12: Remaining 1 HH, waiting for permit of house

construction, Branch A-A4- June 2017 ( HH:

Fig.-13: The Household already handed over land in August

2017, Branch A- A4 and other house now already relocated in

July 2017

Fig.-14: Household is obstructing relocation in April

2017 Branch A, A4, Nguyen Van Tao street, while in

June 2017 this house already completed relocation

(Before & After)

IX. RE-ESTABLISHMENT OF AHHs SETTLEMENTS AND BUSINESS ENTERPRISES;

47. Basic principles in guidelines under SPS-2009 of ADB is to avoid involuntary resettlement wherever possible and or to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of involuntary acquisition of land and properties.

48. Harmonized with the basic principles of ADB Policy on compensation, assistance and resettlement, Vietnam Government, in agreement with ADB, has adopted a specific Resettlement Framework for the BLLT Expressway project, which could minimize involuntary resettlement, enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels.

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49. The several RPs, prepared for this project, establishes the provisions for payment of resettlement assistance to AHs, CBEs and income restoration assistance to the poor and vulnerable households and provides the budget and cost estimate for implementation.

50. The agencies, involved in RP implementation, maintained continuous efforts to achieve the desired result on timely execution of resettlement and IRP activities. In the process, the agency/ authority have initiated following activities to make sure effective implementation of resettlement and restoration of livelihood:

• Consulting project affected people viable solutions for resettlement and livelihood restoration;

• Providing affected people options of resettlement and livelihood restoration; • Compensating entire replacement cost for damages and loss; • Selecting sites for resettlement, which could provide minimum benefits and services similar

to their existing place ;

• Providing finance for assistance, training and income support to help them go well during the transitional period;

• Recognizing vulnerable groups and providing special support for these groups; and • Establishing a structure on institution and organization to assist this process to finally

succeed. 51. In order to conduct objective implementation of the RP and minimize the adverse social impacts a periodic evaluation will be carried out. This evaluation will involve identifying the gaps between the implementation of the RP and the mitigation measures proposed in the RP. Any gaps thus identified will be discussed in consultation with the EPMU officials and the local administration as necessary and corrective actions executed. These corrective actions will be examined and then implemented in a timely manner. Other than that the evaluation criteria will examine resettlement status and the quality of life with respect to the income levels of the persons or families losing livelihood and business structures, if any. There will be a direct comparison of the income level pre-project period and post project implementation stage. If there have been any families that are impoverished due to the project development, measures will be suggested to address the same.

52. To evaluate the status on re-establishment of AHHs settlements and business enterprises, an evaluation of resettlement/relocation and implementation of IRP activities will be required, which has not initiated as up till now.

53. Based on the assessment during monitoring on re-establishment of AHHs settlement and business enterprises, the following results have been witnessed:

• There are 502 eligible HHs in Tranche-1 (ADB section I), who needs relocation. Out of which 499 HHs opted for self-relocation, while only 3 HHs opted for relocating at resettlement site.

• The resettlement site was identified by the authority which is now almost completed (near 90 %) and ready for relocation.

• Out of 873 HHs, 269 HHs received the IRP inputs (96 HHs—Ben Luc District, 76- Can Giuoc District, and 92 Can Gio district).

• The evaluation of IRP implementation has been completed in Can Gio district only.

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54. The details of status on re-establishment of settlement and business enterprises for eligible HHs are well explained in relevant sections; section-XI on ‘Relocation & Transfer’ and section-XII of ‘Income Restoration program (IRP) implementation’ respectively

X. GRIEVANCES AND REDRESSAL

10.1 Grievances Received and Redressed

55. The nature of grievances and its redressal requirement are diverse, which need corrective action at different levels and by different institutions. Most of the grievances, specified below, are concern with the inadequacy of compensation and rate and disputes among HHs. The nature of the grievances received and redressed up till Sept. 2017 are summarized in the table below:

Table 14. No. of Grievances Received and Resolved

No Districts Nature of Grievances Grievances Received Up till Sept.2017 Remarks

Up till June 2017

Up till Sept 2017

Redressed Remaining

Ben Luc Internal Family Dispute 1 1 0 1 Family dispute. (HH: Nguyen Viet Cuong) Court decision have come in August 2017

1 Binh Chanh Disagree on compensation amount

6 6 0 6 Meeting of District compensation committee with DPs is in progress

Disagreement with Family member on share of compensation

4 4 0 4 Waiting for court decision

Pending Court cases on compensation

2 2 0 2 Waiting for court decision

already signed compensation, not yet receieved compensation, which was put in tresury

49 49 3 46 some HHs already received compensation after dialogue and concensus

2 Can Giuoc 0 0 0 0 No Grievances

3 Nha Be Disputing on rate of compensation, not yet receive Compensation

1 1 0 1 Only 1 HH in A4 is obstructing relocation because of permit/ license of new house construction. (Section-8, sub section 8.1, para -35 (10)

Can Gio 0 0 0 0

Total 63 63 3 60

1 Nhon Trach already received compensation, but not yet handed over land

688 688 207 481 HHs are collecting crop after just received compensation

Pending complaints of land valuation as per ocation of

0 46 0 46 District PC have submitted to Province DoNRE to re check and

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recovered land plot decide

2 Long Thanh already received compensation, but not yet handing over land

77 123 0 123 HHs are collecting crop after just received compensation

Total 0 857 207 650

XI. RELOCATION AND TRANSFER

11.1 Resettlement Preferences of Eligible Affected Households

56. There are significant changes in the number of eligible HHs, who opted for relocating at resettlement site as part of resettlement preferences from previous reporting period. In ADB section I and JICA section II, only 3 HHs have opted for relocation at resettlement sites in the

reporting period June 2017, while it is now 44 HHs, opted for relocation site, especially in Binh Chanh district where 42 HHs opted for relocation site. Remaining 458 HHs, selected for self-relocation. In westrn section 273 HHs have opted for resettlement sites in two districts; i.e., Nhan Trach and Long Thanh.

57. 2 Households (1 in Binh Chanh District: HH: ([This information has been removed as it falls within exceptions

to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a

member) and 1 HH in Nha Be District: HH: ([This information has been removed as it falls within exceptions to disclosure

specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety,

or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member)), who have opted for Resettlement sites have already received land plot in Resettlement site. Another 1 household, namely: ([This information has been removed as it falls within exceptions to disclosure specified in

paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of

any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of Vulnerable group (disabled), in Can Giuoc District have petitioned to receive a plot in Hai Son resettlement site, which was latter approved by Can Giuoc District people’s committee and CoLFD and he has already received the plot in Hai Son Resettlement site in December 2016. It is pertinent to mention here that the families belonging to women heded (WHFs), land less, poor, elderly, disable and specified under policy are considered as vulnerable. The details are given in Table- 15.

Table 15. Resettlement Preferences of Fully Affected Households.

Sl. No

Location Fully

Affected (HHs)

Required to Relocate

Opting relocation at Resettlement Sites

(RSs) Opting for Self Relocation

(HHs) (HHs) (HHs)

1 Ben Luc 35 35 0 35

2 Can Giuoc 131 131 1 130

3 Binh Chanh 265 265 42 223

4 Nha Be 56 56 1 55

5 Can Gio 15 15 0 15

6 Nhon Trach 21+20+70 111 111 0

7 Long Thanh 162 162 162 0

Total 775 775 317 458

*Resource: Report of CoLFD and DCC in each District to Sept, 2017

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11.2 Status of Resettlement Site development

58. The identified and specified resettlement site was almost ready to move. Now, while the specified resettlement sites are almost completed (near 90 %), almost all the relocating family have opted for self-relocation.

59. Ho Chi Minh City and Dong Nai Province are developing more new urban areas and industrial zones and which may need more resettlement sites. To meet the challenges and demand, the authority is setting up new resettlement sites for local people, workers and to reduce the population density from central area into suburban. In 2 suburb districts, Binh Chanh and Nhà Be, more resettlement sites are being developed to meet the resettlement demands. The same resettlement sites will be available for the affected persons of Ben Luc- Long Thanh expressway project.

60. The status of development of Resettlement Sites and relocation status of affected households are described in the Table -16:

Table 16. Status of Resettlement Site Development up till Sept. 2017

No Name of

Resettlement Site

Approximate progress of

infrastructure development

Approximate progress of facility development Remarks

Amenities Status Facilities Status

1

An Ha RS(Le Minh Xuan, Binh Chanh, HCMC)

Electricity Done Plot in Resettlement site for AHHs

Enough number of plots as required.

1 AH Mr. ([This information

has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) Hieu received plot in Resettlement Site (RS). Built new house. The rest of AHHs received resettlement money.

Water Done Facility: Health Available nearby

Road Done Facility: Education

Available nearby

Other Done Facility: Market Available nearby

2

Nhon Duc RS Nhon Duc com., Nha Be dis., HCMC)

Electricity Done Plot in Resettlement site for AHHs

Enough number of plots as required.

1 AH Mr. ([This information

has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, Water Done Facility: Health Available nearby

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No Name of

Resettlement Site

Approximate progress of

infrastructure development

Approximate progress of facility development Remarks

Amenities Status Facilities Status

Road Done Facility: Education

Available nearby if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) received plot in Resettlement Site (RS). Built new house. The rest of AHHs received resettlement money.

Other Done Facility: Market Available nearby

3

Go Dau RS(Can Gio District, HCMC)

Electricity Done Plot in Resettlement site for AHHs

Enough number of plots as required.

No HH opts to resettle in this resettlement site.

Water Done Facility: Health Available nearby

Road Done Facility: Education

Available nearby

Other Done Facility: Market Available nearby

4

Tan Kim RS(Can Giuoc District, Long An Province)

Electricity Done Plot in Resettlement site for AHHs

Enough number of plots as required.

No HH opts to resettle in this resettlement site.

Water Done Facility: Health Available nearby

Road Done Facility: Education

Available nearby

Other Done Facility: Market Available nearby

5

Hai Son resettlement site (in Long

Thuong Commune, Can Giuoc

District

Electricity Done Plot in Resettlement site for AHHs

Enough number of plots as required.

This resettlement site is not serviced for the project. It is Resettlement Site (RS) for business but project bought a plot for HH: Huynh thi Thanh Tuyen

5 Nhon Trach

Water Done Facility: Health Available nearby

Not yet identify at this time Road Done

Facility: Education

Available nearby

Other Done Facility: Market Available nearby

4 Long Thanh Plot of land

167 plot Plot of land 167 plot

Over 5 plot of land

Tan Hiep Commune resettlement site (total of

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No Name of

Resettlement Site

Approximate progress of

infrastructure development

Approximate progress of facility development Remarks

Amenities Status Facilities Status

Electricity Done Plot in Resettlement site for AHHs

Enough number of plots as required.

designed plot land is 167 plots, request to be resettlement of 162 plots, over 5 plot of land )

Water Done Facility: Health Available nearby

Road Done Facility: Education

Available nearby

Other Done Facility: Market Available nearby

* Resource: Report of CoLFD and DCC in each District up till Sept. 2017

11.3 Obstruction in Relocation

61. In Nha Be District 99% of HHs have handed over the land for project, only 1 HH in A4 pkg. are obstructing relocation, even after receiving the compensation. The detail of impediments in relocation from the construction site is outlined in the Table below:

Table 17. Obstruction in Relocation

Package

A1 Package

A2-1 Package A2-2

Package A 4

Binh Chanh District Nha Be Total

No Contents Binh

Chanh Hung Long

Hung Long

Da Phuoc

Long Thuong

1 HHs already received compensation but not yet relocated

4 2 1 8 1 16

1.1 HHs are constructing new house

1.2 Waiting Permit/ license to be constructed on remaining land part

2 2

1.3

Applied for construction of new house on agricultural land and is not as per plan (As per Act in Vietnam, no permission is granted to construct a house on agricultural land)

4 1 8 1 14

Total 4 2 1 8 1 16

62. 273 HHs of two Districts; Nhon Trach and Long Thanh of Dong Nai Province will be relocated after land acquisition will be completed as all 273 HHs have opted for relocation on Resettlement sites, set up in the district

63. During monitoring of obstruction in relocation at construction sites by social Team at the end of Aug-Sept. 2017; it was witnessed that in package A1, 4HHs, are not able to be relocated due

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to non-issuance of permit/license of new house construction. Out of these 4 HHs, 3 households, namely: ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x)

Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or

security of ADB assets, or to prejudice the defense or national security of a member) are creating hindrance in construction of main road. Not only this due to continued rain, these households are facing acute problem in living there. Therefore, it has been proposed by the implementing agency to Binh Chanh District PC to resolve the issue soon to avoid delay in construction and damage and hazards to HHs.

64. To resolve above issues on building permit / license for constructing new house. People's committee of Ho Chi Minh City issued a Notification No 725/TB-VP dated 19/9/2016: for affected households, whose land are acquired by the project and have requested to change land use purpose on remaining land area part or bought new land plot to construct a new house on remaining land. In the light of the above notification the People’s Committee of Districts: Binh Chanh, Nha Be, and Can Gio will review the request on change of land use purposal and will approve construction of new houses on remaining land or other new land plot for construction of house. See Annex.- 3: Notification No 275

65. Currently. Binh Chanh District People’s committee is agreed to permit the Households, to construct a new house on remaining land /part of the land.

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Figure 1.Layout of Project

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Figure 2. General Location of Project in transport system of Ho Chi Minh City and Surrounding

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Figure 3. Package A1: Status of Project Location updated to February 24, 2016 on Aerial Photograph

Figure 4. Package A2-1: Status of Project Location updated to January 23, 2017 on Aerial Photograph

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Figure 5. Package A2-2: Status of Project Location updated to January 23, 2017 on Aerial Photograph

Figure 6. Package A3: Status of Project Location updated to January 23, 2017 on Aerial Photograph

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Figure 7. Package A4: Status of Project Location updated to January 23, 2017 on Aerial Photograph

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Figure 8. Package J1, J2, J3: Status on Location updated January 23, 2017 on Aerial Photograph

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Figure 9. Package A5, A6, A7-ADB Section III- Status of Project Location

(Being implemented Land Acquisition and Ground Clearance, updated March 10, 2017)

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XII. INCOME RESTORATION PROGRAM (IRP) IMPLEMENTATION

12.1 Final list of HHs participated in the income restoration program (IRP)

66. Up till Sept. 2017, the final list of eligible HHs in Tranche-1, who participated in IRP, is 873, an increase in 32 from 845 of the first survey list. It includes 102 HHs in Ben Luc, 135 HHs in Can Giuoc, 407 HHs in Binh Chanh, 137 HHs in Nha Be and 92 HHs in Can Gio district respectively. The IRP activities has not beem initiated yet in Tranche-2 part of the project

67. The changes in the number of IRP participants are attributed to change in their perception during implementation. In first instance, the eligible Households could not visualize the benefits of IRP. Eventually they decided to participate in IRP, when they saw other HHs have started deriving income from IRP. The final list of Eligible households in Tanche-1 is delineated in Table 18.

Table 18. Final Households list to Participate in IRP (Tranche-1)1

No Commune

No of HHs

Total

Income Activities selected by HHs

Cultivation Component

Livestock & farming

component

Handicraft and other

Vocational training and job

Trade and service promotion component

M F T M F Total M F Total M F Total M F Total M F Total

1 Long An province

165 72 237 19 10 29 89 41 130 12 2 14 3 1 4 41 19 60

1.1 Ben Luc district 74 28 102 13 5 18 39 19 58 7 0 07 0 0 0 15 4 19

1.1.1

My yen commune

70 26 96 12 3 15 37 19 56 6 0 6 0 0 0 15 4 19

1.1.2

Tan Buu commune

4 2 6 1 2 3 2 0 2 1 0 1 0 0 0 0 0 0

1.2 Can Giuoc district*

91 44 135 6 5 11 50 22 72 5 2 7 3 1 4 26 15 41

1.2.1

Phuoc Ly commune

44 23 67 6 4 10 26 10 36 4 1 5 1 0 1 7 8 15

1.2.2

LongThuong commune

47 21 68 0 1 1 24 12 36 1 1 2 3 0 3 19 7 26

2 Ho Chi Minh city 422 214 636 56 19 75 130 57 187 44 22 66 75 46 121 117 70 187

2.1 Binh Chanh district

267 140 407 49 19 68 85 36 121 19 8 27 69 44 113 45 33 78

2.1.1 Binh chanh commune

66 33 99 7 2 9 20 7 27 2 0 2 24 14 24 13 10 23

2.1.2 Tan Quy Tan commue

34 8 42 6 2 8 17 4 21 0 1 1 11 1 12 0 0 0

2.1.3 Hung Long commune

81 52 133 11 8 19 35 18 53 7 1 8 7 13 10 21 12 33

2.1.4 Da Phuoc 86 47 133 25 7 32 13 7 20 10 6 16 27 16 42 11 11 22

2.2 Nha Be district 100 37 137 7 0 7 19 8 27 19 7 26 6 2 8 49 20 69

2.2.1 Long Thới 42 18 60 5 0 5 7 5 12 4 2 6 3 1 4 23 10 33

2.2.2 Nhon Duc commune

58 19 77 2 0 2 12 3 15 15 5 20 3 1 4 26 10 36

2.3 Can Gio district 55 37 92 0 0 0 26 13 39 6 7 13 0 0 0 23 17 40

2.3.1 Binh Khanh 55 37 92 0 0 0 26 13 39 6 7 13 0 0 0 23 17 40

Total 587 286 873 75 29 104 219 98 317 56 24 80 78 47 125 158 89 247

Resource: Report of CoLFD and DCC in each District, Sept 2017 *Can Giuoc 135 households in Can Giouc includes76 HHs approved first and 59 HHs submitted for approval in second list.

1 The number of vulnerable HHs is already included in the list, except for Binh Chanh, as data on this is not yet available

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12.2 Vulnerable Group and their Participation in IRP

68. With reference to the MOU of ADB mission in March 2016 to identify the HHs of vulnerable group, the Conultant and the EPMU have worked with CoLFD in each District of the project from March to June 2016. The identification of vulnerable groups at Commune level was obligatory, with the objective to invite them to participate in the IRP. EPMU and the Consultant, with the exception of Binh Chanh District (where the information is still is unavailable), were able to identify and listing of vulnerable population.

69. Moreover, by the end of Sept 2017, information on the vulnerable households in Binh Chanh District is still not yet available even after a letter (No 27/BLLT-QLTCMB) issued by EPMU on 09 January 2017, to CoLFD Binh Chanh in order to speed up collection of this information for the IRP (see Annex. 6), but the information was unavailable at the time of preparation of this report. The local authority argued that as of now they are focusing on resolving obstructions in 3 Communes: Binh Chanh commune for HHs on two sides of HW 1A; Hung Long and Da Phuoc of Grievance, disputing and complaints of compensation price, hence, no time to identify the information of vulnerable group.

70. Most of the vulnerable households were invited to participate in IRP implementation and select income restoration activities.

71. Additionally, in two Districts; Long Thanh and Nhon Trach of Dong Nai Province, land acquisition is at slow pace, hence, the list of vulnerable group has not been prepared by the CoLFD

72. The number of vulnerable households, with name and address in each district, is summarized in Table-19 and annexed as Annex.- 6 of this quarter No 3 report of 2017

Table 19. Vulnerable Group Participation in IRP

Updated up till Sept 2017

No Địa Phương Total Vulnerable Group

WHF Landless Poor Eldelry Disable Policy

A Long An Province 15 6 5 1 0 1 2

1 Ben Luc District 6 5 1

My Yen commune 6 5 1

Tan Buu commune 0 No vulnerable Household

2 Can Giuoc district 9 6 1 2

Phuoc Ly Commune 7 6 1

Long Thuong commune 2 2

B Ho Chi Minh City 19 4 12 1 0 1 1

1 Binh Chanh ( waiting)

Binh Chanh commune

Tan Quy Tay commune

Hung Long commune

Da Phuoc commune

2 Nha Be District 15 1 12 1 0 0 1

Nhon Duc Commune 13 1 12

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No Địa Phương Total Vulnerable Group

WHF Landless Poor Eldelry Disable Policy

Long Thoi commune 2 1 1

3 Can Gio District 4 3 1

BInh Khanh Commune 4 3 1

C Dong Nai Province

1 Nhon Trach District

Phuoc Khanh commune

Vinh Thanh Commune

Phươc An commune

2 Long Thanh District

Long Phuoc Commune No vulnerable Household

Phuoc Thai Commune

Tổng 34 10 17 2 0 2 3

*Resource: Districts committee of IRP implementation

12.3 Status on IRP Implementation

73. The updated information up till Sept 2017 ensures that out of 873 HHs, who have participated in IRP, 264 HHs have received the input. The handing over of input is made to 96 HHs in Ben Luc district, 76 HHs in Can Giuoc district, and 92 HHs in Can Gio district respectively.

74. IRP implementation is being carried out in each district, except Nhon Trach and Long Thanh districts up till Sept. 2017. The status on Handing over of input has been made in Can Giuoc, Ben Luc and Can Gio Distrcit only, detailed in Annex.-7. Can Gio district have achieved 100% target in handing over input to eligible HHs.

75. As described above that currently, implementation of IRP in Long Thanh district is not initiated as of now due to non accomplismnet of organization by District PC to implement the IRP, as communicated to Resettlement Specialist of PSC by ([This information has been removed as it falls

within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense

or national security of a member) of Farmers union, one of the stakeholders in IRP implementation.

76. ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety

or security of ADB assets, or to prejudice the defense or national security of a member) also suggested us to contact ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety

or security of ADB assets, or to prejudice the defense or national security of a member) of District People's Committee in this regard. Accordigly, Mr. Duc was contacted by the Resettlement Specialist of PSC, who communicated that presently the district PC is concentrating on the airport project. If we urgently in need of carrying out IRP, EPMU should send a letter to district PC for IRP implementation. In response, the District People's Committee will organize a meeting and specific assignment to agencies of The District to carry out IRP. The Resettlement Specialist of PSC will support and supervise this implementation of IRP.

77. A draft letter of this request was prepared by the Resettlement Specilaist of PSC and sent it to EPMU for finalization and further issue it to District PC. The

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Resettlement Specilaist of PSC will follow up this communication and will contact Mr. Duc and or Mr.Thanh for progress on IRP implementation.

78. The summary of status on handing over of IRP input is briefed here in Table 20:

Table 20. Status on IRP implementation

No Commune

Status on IRP Implementation up till June 2017

Eligible HHs Received Input

of IRP Not Received Progress

% Remarks

M F Total M F M F

A Long An province

165 72 237 123 53 42 91 72.57 • It is 102 HHs, who were

registered to participate in IRP implementation in Ben Luc District. 06 HHs did not participate IRP when it was carried out.

• Oout of 96 HHs, who participated in IRP, 94 HHs haave already received input of IRP up till May 2017.

• Remaining 2HHs did not recieve input of IRP with reasons that they themselves have bought the Cow and having no red bill, a certification of prevention of disease, which is mandatory to receive the reimbursement. Board of IRP implementation management of Ben Luc District is now contacting and discussing with these 2 HHs comlete the formalities.

• The name and address of these 2 HHs are as follows:

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member)

• DoLISA issued a Plan, No 1250/SLDTBXH-KH, dated 23 June 2017 for monitoring and Evaluation of IRP implementation in Long An provinve of Ben Luc- Long Thanh Expressway project. The monitoring will be done in

1.1 Ben Luc district

74 28 102 73 27 1 1 98.04

1.1.1 My yen commune

70 26 96 69 25 1 1 97.92

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No Commune

Status on IRP Implementation up till June 2017

Eligible HHs Received Input

of IRP Not Received Progress

% Remarks

M F Total M F M F

this section for which necessary monitoring formats have been provided to monitoring team.

1.1.2 Tan Buu commune

4 2 6 4 2 0 0 100.00

.2 Can Giuoc district

91 44 135 50 26 41 18 56.30 • DoLISA issued a letter No

1027/SLDTBXH-BTXH dated 24 May 2017 for request of budget to carry out IRP implementation at province

• Long An Province people's committee are reviewing to approve additional list of IRP household list (in addition: 59 new household into IRP Household list (added second ) and submitted letter to EPMU to have budget and waiting for disbursement

• DoLISA issued Plan No 1250/SLDTBXH-KH dated 23 June 2017 for monitoring and Evaluation of IRP implementation in Long An provinve of Ben Luc- Long Thanh Expressway project, Section passes Long An Province and detailed contents for the monitoring and evaluation for 76 HHs , who already recieved Input of IRP

1.2.1 Phuoc Ly commune

44 23 67 35 19 9 4 80.60

1.2.2 LongThuong commune

47 21 68 15 7 32 14 32.35

B Ho Chi Minh city

422 214 636 55 27 534 14.47

2.1 Binh Chanh district

267 140 407 0 407 0

• Completion of final household list, who will participate in IRP and was submitted to Binh Chanh District people’s committee for approval

2.1.1 Binh chanh commune

66 33 99 0 99 0 • Will carry out process of

disbursement for IRP implementation

2.1.2 Tan Quy Tan commue

34 8 42 0 42 0

• According to plan, after August 2017, IRP implementation at Binh Chanh District will begin

2.1.3 Hung Long

81 52

133

0

133 0

• Currently, Binh Chanh do not start IRP implementation because they are oncentrating land acquisition in The District

2.1.4 Da Phuoc 86 47 133 0 133 0

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No Commune

Status on IRP Implementation up till June 2017

Eligible HHs Received Input

of IRP Not Received Progress

% Remarks

M F Total M F M F

2.2 Nha Be district

100 37 137 0 137 0 • Nhà Bè district have completed the procedure for IRP implementation at the district level

• Currently.Nha Be District is waiting for disbursement for providing IRP input.

2.2.1

Long Thoi

commune 42 18 60

2.2.2

Nhon Duc

Commune 58 19 77

2.3 Can Gio 55 37 92 55 37 0 0 100.00 • A completion report of implementation of the IRP in Can Gio District has already been submitted immediately after submission of Quarter No 2/2017

2.3.1 Binh Khanh commune

55 37 92 92 0 100.00

Total 587 286 873 264 609 30.24

c

Dong Nai province

• HHs list is being prepared in each district, based on decision of land acquisition

Nhon Trach District

• District peoples committee has started identifying list of affected households, who are entitled to participate in IRP activities.

• EPMU and Consultant have met and worked with local authorities (Nhon Trach and Long Thanh) in June 2017 to guide them how and what to collect the required document inclduing address and telephone number so that they could be contacted during preparing of IRP implementation in each District

Long Thanh district

79. For successful implementation of income generation programme, it is essential to provide proper training to IRP participating households on how to initiate and take best return from the income models; they selected as part of their income generation activites.

80. The key issues of such type of training is to have specific knowledge of the selected income activites and skill development of the participating households, through which, they can improve their abilities to manage and run the selected trade, occupation or service. Such type of training gives ample exposure and experience to run the ideal model successfully to generate income. This training helps the participating households to understand the positive and negative perspective of various income activities.

81. The working groups, involved in IRP Implementation activities, prepared a detailed plan to organize training camp/ workshop for eligible HHs under IRP. They prepared a proper plan,

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equipped with relevant materials and tools, for imparting the training to the participant HHs including technical requirements, human resources and operating costs for each income activity

82. In keeping with the above objectives and to make compliance of MOU of ADB review missions in March and October 2016, the training for IRP participating households was organized.

83. The proposed IRP workshops or training program was organized at commune level and was meant to help and advice to each participant to make their choices of income activity based on their education and skills and how to carry out the specified income activity and contact the relevant persons or institutions, in case they require any advice and technical inputs to run their business. The training program were organized as per following program:

Table 21. Provision of Training to IRP Participating Households

Sl. No. District Date of Training Type of Training Reference

1 Can Giouc 23 Fer 2015

13/3/2015

1 June 2016

IRP implementation board/working Group organized training program/ workshop for eligible HHs on IRP activites: • Can Giuoc District PC through a

Notification No 34 dated 23 Fer 2015 for tarining to each HH to guide HHs how to carry out IRP in any time

• 13/3/2015 at Long Thuong (afternoon) and Phuoc Ly ( morning)

• Notification letter No 16/TB—BQL dated 1 June 20126 : training to each HH (agricultural activities; small business , vocational training activities and Number of cellphone

Loan 2730-vie: GMS Ben Luc–Long Thanh Expressway Project, Midterm Review Mission 1. Memorandum of

Understanding (draft)

29 February – 7 March

2016

2. Memorandum of Understanding (draft) 17-24 October 2016

2 Ben Luc 24 march 2016 and 29march 2016 at My Yen

Organized Training Program/ workshop on IRP for HHs on income activities of fields like: • agriculture, • small business and • service, vocation training: • HHs were also given the details of

local staff is in charge of type of income activity: name and information of them including handphone number

3 Binh Chanh Not yet carried out

4 Can Gio Organized 3 time according to income activity group: -16/3/2015 1/4/2015

Organized Training Program/ workshop on how to implement IRP activities for eligible HHs on specified income activities: 16/3/2015: • raising fish, pig, and shrimp(For

HHs participated)

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Sl. No. District Date of Training Type of Training Reference

26/4/2015 1/4/2015: • handicraft (HHs participated) 26/4/2015: • HHs participated small business

and service

5 Nha Be Not yet carried out

6 Nhon Track Not yet carried out

7 Long Than Not yet carried out

84. Handing over of IRP input in Can Giuoc and Ben Luc district in Aug-Sept 2017 have been shown in the figures below: (Fig.1-8).

Fig-1: Discussing with cards of DoLISA of Long Anh

Province and Can Giuoc district and My yen Commune

before conducting monitoring and evaluating IRP at

commune- 16 August 2017

Fig-2: Delegation go to Surveying and Interviewing to Household, the

HH is raising cow ( 16 August 2017)

Fig-3: Local staff is interviewing household of

proccesing IRP implementation ( 16 August 2017)

Fig-4: Raising Bird in a HHs in Tan Buu commune, Can giuoc District,

Long An province of IRP

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Fig-5: Local staff is interviewing a households of IRP

after received cow at Tan Bưu commune, Can giuoc

District , Long an province in Agust 2017

Fig-6: Duck is be raising by HH in IRP at My Yen commune , Ben

Luc District, Long An province

Fig-7: Meeting to deploy IRP implementation at

Long Thanh District, Dong nai Province dated 1

Sep 2017

Fig-8: Meeting to carry out IRP at Long Thanh District, Dong nai

Province dated 1 Sep 2017

12.4 Status on Schedule of IRP Implemetation:

85. The implementation plan of Income Restoration is part of the RP, which aims to specify the directions, strategies and objectives set out in the Resettlement Plan, the ADB and the Government of Vietnam.

86. The implementation plan for the income restoration program activities are generally designed in 2 years (24 months); from date of commencement of the implementation of the project. Keeping in mind, the implementation plan schedule of IRP was made and updated from time to time to match the project progress in each commune.

87. However, due to various reasons, there are delays in implementation schedule of original plan, attributed to various reasons; i.e., due to Ignorance of procedures to be established by local officials, the minimum level of capacity of working group, who were first time for IRP implementation, Delay in procedures to set up Committee of IRP implementation management at District, delay in issuance of decision at different levels of IRP committee, delay in availability of budget to carry out IRP implementation (for local staffs and impelmentation), absence and

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traceabilty of HHs in IRP participation meeting and unavailability of selected inputs models of IRP in local market etc.

88. The execution of different activities and implementing time, specified in implementation schedule has been assessed and outlined in Annex.-8 for ready reference. This assessement has tried to understand the completion date of IRP activities, the lagging behind of IRP activities from original proposed schedule and the proposed plan of IRP implementation committees to comlete the IRP activites.

12.5 Evaluation of IRP Implementation in Can Gio District

89. Though the handing over of IRP input has been initiated or completed in three district; Ben Luc, Can Giuoc and Can Gio, however, evaluation of IRP implementation could be carried out in Can Gio district only.

90. The handing over of input in Ben Luc and Can Giuoc district has been done very recently and is not matured enough to go for evaluation work, while the input provided in Can Gio district has started getting return.

91. IRP implementation committee in Can Giuoc district has communicated that 76 HHs, who have received the IRP input before march 2017, the evaluation of those HHs has been initiated in the month of August 2017

92. Can Gio District have already carried out 3 time of checking, monitoring and evaluating on IRP implementation and report is being prepared on monitoring and evaluation

93. Total 39 households in Can Gio District have participated in the income restoration activities of raising livestock and farming in which raising Shrimp is carried out by most of the households, which produces good earnings despite the risk and cost.

94. Out of 39 AHHs, who were monitored and evaluated, it was found that 16 AHHs, did not earn any income from raising shrimp during the harvesting due to reasons (affected by sea salt water entered the ponds, drought, price of shrimp on the market was low, price of food to raise shrimp is increasing high, while other shrimp ponds caused diseases.

95. In 2 cases of HHs (([This information has been removed as it falls within exceptions to disclosure specified in

paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or

security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member)), infectious disease were identified in pig rearing and African Carp fish raising, during IRP Monitoring and evaluation

96. The completion report on IRP implementation of Can Gio district has already been submitted in the month of Sept.2017.

12.6 Completion Evaluation Report on IRP implementation in Can Gio District

97. A summary completion Report on ‘Evaluation of IRP implementationt’ of Can Gio District prrpared and submitted after comleting the IMR report of 2nd Quarter 2017

XIII. PREPARATION OF RESETTLEMENT PLAN (RP) ADDENDUM :

98. As per requirement in MOU in March 2016, the Resettlement Plan Addendum for internal road T14 have been revised and updated, incorporating the comments of ADB, and was submitted to EPMU in May 2017

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99. Resettlement Plan (RP) addendum for electricity Pole removal, as required by MOU of ADB, May 2017, is prepared for Ben Luc District only and was submitted to EPMU in June 2017. However, the RP addendum of other districts is pending due to following reasons:

• Binh Chanh District: additional Compensation plan for relocating Power lines in The District was prepared and submitted to department of finance of Ho Chi Minh City but pending, they do not approve with reason: MOT’s approval on assessment of compensation price is not clear. Currently this submission is pending at Department of Finance of Ho Chi Minh City and EPMU is working with them on this issue.

• Nha Be District: CoLFD is preparing and identifying recovered land area for issuing decision of land acquisition, therefore, Compensation plan is not yet prepared up till now.

• Nhon Trach District: CoLFD is carrying out land acquisition for project and not yet started process for preparing Compensation Plan for relocating Power lines.

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APPENDIX

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Annex 1: Status on Handing over of land and Ground Clearance (ADB Section)

No. Name of

the tender package

Province / district

Phạm vi GPMB Total budget (million

VND)

Tình hình GPMB Total

number of Households

Number of households handed over

Content of problems

Chainage Km Total

Length (M)

Land Area (ha)

Paid (in VND

million)

Total paid (ha)

Handover rate (%)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

I Package

A1 Halla _ Vinaconex

Km0+000 Km7+900 7,300 89.83

904,617

874,514

87.65 98% 842 826

H.Bến Lức Km0+000 Km2+230 1,630 39.69

255,043

255,043

39.42 99% 319 318

Super Court of Ho Chi Minh City have issued Document No 24/HTHA-DS dated 30 /8/2017:

requirement of postponed execution of the sentence. The household have temporary haned over land to project to drill and conduct iron frame part for piers in August and Sepmtember 2017 afterward they re-paled Continue dialogy and mobilization to hand over land

H.Cần Giuộc 2,260 13.34

154,268

154,268

13.34 100% 177 177 Finished

H.Bình Chánh 3,410 36.80

495,306

465,203

34.89 95% 346 331

End of September of 2017 .Local authority have mobilized 03 HHs on main line to hand over land in 17 October 2017 Currently, remaining 15 HHs are 2 sides of HW 1a have not handed over land with reason is low rate of compensation Local authority is contacting toeach HH to mobilize handver of land

II Package

A2-1 Kuddong - TC Km7+900 Km11+200

3,300

22.34

396,114

391,114

22.15 99% 293 289

H.Bình Chánh Km7+900 Km11+200

2,070 16.66

294,714

289,714

16.47

99% 230 226

Current. Remaining 4 households are disputing and local authority is waiting the court’s decision to resolve

H.Cần Giuộc Km8+120 Km9+120

1,230 5.68

101,400

101,400

5.68 100% 63 63 Finished

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No. Name of

the tender package

Province / district

Phạm vi GPMB Total budget (million

VND)

Tình hình GPMB Total

number of Households

Number of households handed over

Content of problems

Chainage Km Total

Length (M)

Land Area (ha)

Paid (in VND

million)

Total paid (ha)

Handover rate (%)

III Package

A2-2 Bình Chánh Km11+200 Km16+600 5,400 61.53

848,386

778,386

58.20

95% 580 532

Currently. Remaining 58 HHs are not yet handing over land, however wich of 11 households have commited that they will hand over land in October 2017

Xã Hưng Long Km11+200 Km12+670 1,470 22.83

-

-

21.8 96% 155 148

Xã Đa Phước Km12+670 Km16+600 3,930 38.70

36.4 94% 425 383

IV Package

A3 Halla _ Vinaconex

Km16+600 Km18+713 2,113 9.68 153,375 153,375 9.68 100% 118 118 Finished

H.Bình Chánh Km16+600 Km17+125 525 2.78 19,965 19,965 2.78 100% 5 5 Finished

H.Nhà Bè Km17+125 K m18+713 1,588 6.90 133,410 133,410 6.90 100% 113 113 Finished

V Package

A4 H.Nhà Bè Km18+713 Km21+739 3,026 31.24 387,387 382,687 31.21 100% 226 225

Remaining 1 Household is not yet handed over land because problem of resettlement on bough agricultural land Local authority is dialogy and mobilization to hand over land in next October 2017

VI Package J1 Km21+739 Km24+503 2,764 11.46 173,775 173,775 11.46 100% 102 102 Finished

1 H.Nhà Bè Km21+739 Km23+580 1,841 8.08 159,295 159,295 8.08 100% 78 78

2 H.Cần Giờ Km23+580 Km24+503 923 3.38 14,480 14,480 3.38 100% 24 24

VII Package J2 H.Cần Giờ Km24+503 Km29+264 4,761 22.12 91,257 91,257 22.12 100% 153 153 Finished

IIX Package J3 Km29+264 Km32+450 3,186 13.24 46,004 43,738 13.24 100% 107 107

H.Cần Giờ Km29+264 Km30+700 1,436 5.19 19,044 19,044 5.19 100% 27 27 Finished

H.Nhơn Trạch Km30+700 Km32+450 1,750 8.05 26,960 24,694 8.05 100% 80 80

Entangled 1 dispute disputes The court has trial, Dong Nai People's Committee is adjusting the compensation decision and negotiating for construction

IX Package

A5 H.Nhơn Trạch Km32+450 Km35+900 3,450 21.10 65,935 63,620 19.23 91% 105 96 Paying now of compensation

xã Phước Khánh 11.45 29,170 29,170 11.45 38 38 Handed over

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No. Name of

the tender package

Province / district

Phạm vi GPMB Total budget (million

VND)

Tình hình GPMB Total

number of Households

Number of households handed over

Content of problems

Chainage Km Total

Length (M)

Land Area (ha)

Paid (in VND

million)

Total paid (ha)

Handover rate (%)

Xã Vĩnh Thanh

9.65 36,765 34,450 7.78

67 58

There are 6 households with 0.8 hectares of land have not received about 2.5 billion due to complaints about land positions. The district submitted a report to the Department of Natural Resources and Environment, DOLISA to send a notice to the commune requesting the farmers to collect new crops, structures and hand over the land.

X Package

A6 H.Nhơn Trạch Km35+900 Km52+400 16,500 115.01 305,301 131,991 80.20 70% 756 281

Handed over land 272 households with 29.5 ha in Vinh Thanh commune

Xã Vĩnh Thanh

39.16 87,280 79,770 34.17

309 281

There are 28 households with area of 4.72 ha have not received money about 6.6 billion due to complaining land location. The district submitted a report to the Department of Natural Resources and Environment, DOLISA to send a notice to the commune requesting the farmers to collect new crops, structures and hand over the land.

Xã Phước An

75.85 218,021 52,221 46.03

447

On 5 October 2017, Handed over 365 households equivalent to 60.8 ha in Vinh Thanh Commune.

Remaining 78 HHs is not yet recieved compensation

XI Package

A7 Km52+400 Km57+700 5,300 31.46 180,609 47,323 14.81 47% 276 31

H.Nhơn Trạch Km52+400 Km53+100 700 3.64 1,180 -

1 -

Xã Phước An

3.64 1,180

1

H.Long Thành Km53+100 Km57+700 4,600 27.82 179,429 47,323 14.81

275 31

From April 25, 2017 up to now, 170 households have been paid about 64 billion or 8.2 ha. On 2/8/2017 local authorities invited to hand over 2.3 hectares ( equivation : 29 HHs)

Xã Long Phước

3.66 2,323 2,323 3.66

2 2 One Long Thanh protection forest organization was handed over and 3 households were handed over

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No. Name of

the tender package

Province / district

Phạm vi GPMB Total budget (million

VND)

Tình hình GPMB Total

number of Households

Number of households handed over

Content of problems

Chainage Km Total

Length (M)

Land Area (ha)

Paid (in VND

million)

Total paid (ha)

Handover rate (%)

Xã Phước Thái

24.16 177,106 45,000 11.15

273 29 Handed over a Long Thanh protective forest organization and 29 Households

Total 57,100 429.01 3,552,761 3,131,781 369.95 86% 3,558 2,759

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Annex 2: Critical Locations need urgent Ground Clearance and Handing Over

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if

disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to

prejudice the defense or national security of a member)

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Annex 3: Notification of HCMC People’s committee (PC) on license to construct New House

(A resolution of obstruction in ground clearance of BLLT project)

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HO CHI MINH CITY PEOPLE’S COMMITTEE Office of Ho Chi Minh city PC

SOCIALIST REPUBLIC OF VIỆT NAM Independent – freedom – happiness

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No: 725/TB-VP

Ho Chi Minh city, 19 – September- 2015

NOTIFICATION

Contents of conclusion by Vice chairman of Ho Chi Minh city PC: Mr. Nguyen Huu Tin at meeting listening report, resolution of obstruction in compensation, ground clearance of Ben Luc- Long Thanh

Expressway project of investment and construction 14 September 2015, Vice chairman of Ho Chi Minh city: Mr. Nguyen Huu Tin chaired a meeting on issues above, with participants: Leaders of VEC, EPMU of Ben Luc – Long Thanh, Do PI, DoNRE, DoF, DoC, DoJ, DoLISA, Do PA, DoT, Council of compensation assessment of Ho Chi Minh city. Council of Land price assessment of City, Treasury of HO Chi Minh city, People’s committee of Districts: Binh Chanh District, Nha Be District, Can Gio District and Office of Ho Chi Minh city PC. After listening EPMU of ben Luc- Long Thanh presents and comments from participants. Vice chairman of City PC: Mr. Nguyen Huu Tin commented and concluded, guided as after:

1- For households, they were recovered land and have got wish and demands to change purpose of land using for land part is remaining outer of ROW of the project to construct house. Assigning to People’s committee of Districts: Binh Chanh Districts; Nha Be Districts, Can Gio Districts will check carefuly of every case to resolve reasonable (Only permit to HH in change of land using purpose to built house if it is suitable as per plan or HH recovered the land by project. But they have other demand of using the remaining land, which is less than minimum land required for approval of plan The Case of households, who have requested transaction of land in other place to construct house, however, this case, will be resolved by District people’s committee. For this District people’s committee will initiative the contact with the households to explain, guide, and introduce a suitable placet for construction of new house as regulation say.

2. For complaint and grievance of HH on low compensation price unit. Assign Council of compensation assessment of city will chair and coordinate with PC of Districts and relative agencies to check carefully. if suitable will allot to PC of District to answer and resolve complaint and grievance following jurisdiction and regulation by law. Case if arising added obstruction, The council of compensation assessment of city will discuss and unify contents, measures of resolving and report, proposal to City People’s committee to review and issue Decision soon

3. solve land price to calculate compensation having unequal with land area part is covering between this project and the project of upgrade and extension of HW 50. assign to People’s Committee of Binh Chanh District carry out calculation of compensation, support for land following direction of best price for households( only apply for land area part on ground clearance are covering 2 projects) concomitant also specify cost for compensation support and resettlement for this covered land area part.( in project of upgrade and extension for HW 50) report to DoF and Treasury of city to solve for disbursement of cost for compensation and support for the households

4. assign for DoF, treasury of city solves procedures of advance of budget of city with budget is proposed by people’s committee of Binh Chanh District( said in item 3 above) in order to District will carry out payment of compensation, support for the households accordingly regulation and guiding of City PC

5 assign for DoC will chair and coordinate with relative agencies to define and guide construction price unit of works having structure specially in order to PC of Districts carry out compensation, support as regulation

6. assign for DoNRE will chair, check, unify contents to guide people’s committee of Districts and project investment owner in completion of procedures, sequence following regulation of compensation, support and land acquisition for relocating technical infrastructure works and internal road( T14) to service the Ben luc – long thanh expressway project

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7 assign for chairman of Districts: Binh Chanh District PC and Nha B2 District PC and Can Gio District PC focussing on guiding council of compensation of Ben Luc- Long Thanh expressway project in strengthening propaganda, campaign, speeding up schedule of compensation, support and resettlement according to regulation for remaining cases, preference for some placements or land areas have to clear ground soon for civil work, quickly hand over of total of ground to construct project timely

Office of Ho Chi Minh city people’s committee notifies on contents and conclusions and guiding as

above said to relative agencies and organizations in implementation

Recipient: PP. OFFICE MANAGER - City committee of the party - PC of city, Chairman and vice chairmans - Agencies participated the meeting - Office of PC - Relative departments od city

- File....

VICE OFFICE MANAGER ( signed)

Lê Van Thanh

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Annex 4: Minute of Meeting on handing over of land to construct P2 Pillar

(HH: Nguyen Viet Cuong- My Yen Commune – Ben Luc District, Long An Province on 28 March 2017- A 1 )

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SOCIALIST REPUBLIC OF VIET NAME Independent – freedom – happiness

------------------000--------------

MINUTES OF WORKING

OF HANDIND OVER GROUND TO CONSTRUCT BEN LUC- LONG THANH EXPRESSWAY PROJECT AT LAND

PLOT NO 1435 MAP NO 5 OF HOUSEHOLD: NGUYEN VIET CUONG AT TAN BUU COMMUNE, BEN LUC

DISTRICT, LONG AN PROVINCE

Today: at 14h 30 of March 28, 2017 at Hamlet 1. Tan Buu commune A- Participant including:

I. Representative: Co LFD of Ben Luc District 1.Mr Bui Minh Tri Position: Vice director 2. Mr Le Thanh Vu Position: Officer

II. Representative of recipient: 1. Mr Tran Thanh Phong Position: Vice leader of Construction Management

III. Representative of Long An Province Board of Transportation Management 1. Mr. Tran Van Minh Position: Officer

IV. Representative of Ben Luc District DoNRE 1. Mr. Tran Van Hoa Position: Officer

V. Representative of Tan Buu Commune People’s committee 1. Mr.Huynh Thanh Phong Position: Officer of cadastral and Construction

VI. Representative of Household 1. Mr Nguyen Viet Cuong Head of Households

B- Detail Contents

Handing over ground to construct The Ben Luc-Long Thanh Expressway at land plot No 1435 of map No 5 of HH: Nguyen Viet Cuong at Tan Buu Commune, Ben Luc District Base on Document No 4420/UBND-NN dated 22 December,2011 of Long An Province PC of unification on land acquisition spheres for The Ben Luc-Long Thanh Expressway, Section passes Long An Province Ben Luc District Co LFD have organized handing over ground to construct the The Ben Luc-Long Thanh Expressway project as after:

- Mr. Nguyen Viet Cuong agreed and handed over ground to construct the project to Co LFD of Ben Luc District according to border of land acquisition measured by Centren of natural technique and Environment to identify actually for border of land acquisition in Land plot No 1435 of map No 5 having concreted stake on actually. Mr Nguyen Viet Cuong also agreed to Construction constractor to construct P2 Bridge Piles of the Ben Luc- Long Thanh Expressway in land plot No 1435 of Map No 5 belong Tan Buu Commue

The Minutes ended at 15 PM 30 some day, repeating to sides to head and same agreement and signature

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Participants some signature Representative of HH: Nguyen Viet Cuong Nguyen Viet Cuong ( Signed )

Representative of EPUM of BL-LT Exopressway Mr. Tran Thanh Phong ( signed )

Representative of DoT of Long An Province Mr. Tran Van Minh ( signed)

Representative of CoLFD Mr. Bui Huu Tri ( Signed)

Representative of Do NRE of Ben Luc District Mr. Tran Van Hoa ( Signed)

Representative of Tan Buu commune PC Mr.Huynh Thanh Phong ( Signed)

Tan Buu Commune PC Mr. Le Tan Muoi ( Signed and stamped)

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Annex 5: Final Updated List of households participated in IRP

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x)

Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety

or security of ADB assets, or to prejudice the defense or national security of a member)

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1- Can Giuoc District (76 HHs approved first)

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x)

Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety

or security of ADB assets, or to prejudice the defense or national security of a member)

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- Total of affected household list to submit for second additional approval: 59 HHs (Phước Lý: 13 HHs,

Long Thương 46 HHs). Second of IRP list

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x)

Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety

or security of ADB assets, or to prejudice the defense or national security of a member)

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Binh Chanh District 3.1 Hung Long Commune ([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member)

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3.2 Da Phuoc Commune

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x)

Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety

or security of ADB assets, or to prejudice the defense or national security of a member)

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3.3 Tan Quy Tay Commune

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x)

Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety

or security of ADB assets, or to prejudice the defense or national security of a member)

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3.4 Binh Chanh Commune

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x)

Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety

or security of ADB assets, or to prejudice the defense or national security of a member)

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Annex 6: Updated list of Vulnerable Group, participated in IRP

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x)

Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety

or security of ADB assets, or to prejudice the defense or national security of a member)

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Annex 7: List of HHs already received input in IRP

A. Ben Luc District, Long An Province

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97,

(exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or

security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a

member)

B. Can Giouc District, Long An Province

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97,

(exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or

security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a

member)

C. Can Gio District, Ho Chi Minh City Province

([This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or

safety or security of ADB assets, or to prejudice the defense or national security of a member)

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Original

Schedule

(Year)

Target DateCurrent

situation Resons for delay

Original

Schedule

(Year)

Target Date Current situation Resons for delay

Original

Schedule

(Year)

Target

DateCurrent situation Resons for delay

Original

Schedule

(Year)

Target

DateCurrent situation Resons for delay

Original

Schedule

(Year)

Target Date Current situation Resons for

delay

I

1

Establishment of

Adminsitrative

and

Management

Set up

Establishment of steering

committees at province, city,

district level; district

management units and

commune community

Monitoring boards, hiring

administrative/accounting staff

20139th May

2013

Completed in

24 May 2013Timely 2013

13th May

2013

Completed on , by

Decision No 1599/QĐ-

UBND dated 09 May

2013

timely 2013 22 July

2014

Completed, Binh

Chanh DPC issued

Decision No. 9749/QĐ-

UBND date 22 July

2014 on

establishment the

Working Group for IRP

implementation.

spending more time for

prosedure to establish at

District and delay to

much of budget

2014 27-May-14

Completed, Nha Be

DPC issued Decision

No. 340/QĐ-UBND

date 27 May 2014 on

establishment the

Working Group for IRP

implementation.

Problem of spending

time to prepare

procedure for IRP

implementation

2014 20-Jun-14

Completed, Can

Gio DPC issued

Decision No.

592/QĐ-UBND

date 20 June

2014 of Can Gio

DPC on

establishment the

Working Group

timely

VEC; The People’s

Committees/Cities/

districts/ communes

2

Establishment of

Management

Board

Establishment of

Management Board and Self-

Management Board hiring

administrative / accounting

staff

2013 June.2013Completed in

Ferbuary 2015

Delay due to Ignorance of

procedures to establish by

local officials, who were

working first time,

on 04 Ferbuary 2015

issued decsion No 446/QĐ-

UBND: set up committee

of IRP implementation at

Ben Luc District

201326 Ferbuary

2016Completed on 2016

Delay of procedures at Can Giuoc

District to set up Committee of IRP

implementation management

2013 22-Jul-14

Completed, Binh

Chanh DPC issued

Decision No. 9749/QĐ-

UBND date 22 July

2014 on

establishment the

Working Group for IRP

implementation.

spending more time for

prosedure to establish at

District and delay to

much of budget

2014 27-May-14

Completed, Nha Be

DPC issued Decision

No. 340/QĐ-UBND

date 27 May 2014 on

establishment the

Working Group for IRP

implementation.

Problem of spending

time to prepare

procedure for IRP

implementation

20158/21/2015

(Revised)

Can Gio DPC

issued Decision

No. 835/QĐ-

UBND date 21

August 2015 of

Can Gio DPC on

improvement of

the Working

Group and Srevice

Team.

timely

VEC; Provincial

Steering Board, DPCs,

CPCs

3

Budget

provision for

operation Cost

Prepare cost estimate,

approve and register the

budget for the disclosure and

capacity building and budget

estimate for operation costs

for the steering board,

Management board and

commune self-management

board.

2013 13 Nov. 2013

Completed,

Long An’s PPC

approved with

Submission No.

3937/QĐ-UBND

for approving

the Plan on IRP

implementation.

In 2015 because delay of

issue of decision No 446 2013 13 Nov. 2013

Completed, Long An’s

PPC approved with

Submission No.

3937/QĐ-UBND for

approving the Plan on

IRP implementation.

delay of procedures for approval

on Decision No 39372013 22-Jul-14

Completed, Binh

Chanh DPC Decision

No. 9749/QĐ-UBND

date 22 July 2014

Completion in 2014

according to Decision No

9749

201423 Sep.

2014

Submision letter No

542/Tr.T-BBT, dated

23 Sep. 2014 to Nha

Be District

compensation Council

for approving the

district’s IRP budget

(4,513,106,400 VND)

Problem of spending

time to prepare

procedure for IRP

implementation

2014

12

September

2014

Can Gio DPC

issued Decision

No. 920/QĐ-

UBND date 12

September 2014

of Can Gio DPC on

approving the IRP

implementation

budget.

timelyProvincial Steering

Board, DPCs, CPCs

4

Training for IRP

implementation

support Team

Training for steering

committee members

committees at all levels;

2013at different

dates

Completed in

2015

In 2015 because delay of

issue of decision No 446 2013 2015

completion in 2016 for

76 HHs ( approved list

firstly

Completion in 2016 for 76 HHs (

first time), remaining 46 HHs of

additional list ( second time) is not

yet approved addional Decision

from Province PC

2013 14-SepCompleted in

September 2014

Completed in 2014 after

completion of

mamagement board

2014

01Oct. -

30th

Dec.2014

Completion from 1

October - 30

December 2014

delay of

organization to carry

out training course

and local staffs are

busy in their agency

2014 Aug. 2014Completed, Aug.

2014timely

VEC, Technical

Assistant Consultant -

VEC

5

Disclosure plan

and income

rehabilitation

program

Disclosure policy and income

rehabilitation program

(through workshops and the

local media)

2013 2015

from 21 March

2016 to 07 April

2016.

Completion

delay due to Disbusement

of budget2013 2015-2016 Completed in 2016

Completion in 2016 for 76 HHs (

first time), remaining 46 HHs of

additional list ( second time)

2014 2015 2016

completion in 2016 for

final list of participant

and selected income

activity

2014

01 July . -

30th

Nov.2014

Completion from 1

July - 30 Novermber

2014

timely 2014 July 2014Completed, July

2014timely

VEC; VEC Consultant,

Provincial Steering

Committee, DPC, CPC

6

Activities for

consultation and

assessment

Activities for consultation and

assessment of income

rehabilitation demand

(continuous deployment)

2013 2015Completion in

2015Timely 2013 2015 Completed in 2016

Completion in 2016 for 76 HHs (

first time), remaining 46 HHs of

additional list ( second time)

2014 2015 2016Completion in 2016 after

completion of final list of

participants

2015

01 May. -

30th May

.2015

Completion from 01

may to 30 may 2015timely 2014 14-Dec

Completed,

December 2014timely VEC; VEC Consultant

7

Signage of

cooperation

agreements

with program

partners

Negotiate and sign

cooperation agreements with

program partners

2013 2016

completion in

2016; (07March

- 21March 2016)

Delay of budget and set up

of organization2013 2015 Completed in 2016

Completion in 2016 for 76 HHs (

first time), remaining 46 HHs of

additional list ( second time)

2013 2017 2017

no completion in 2016

due to more problem:

HHs selecte income

activities, first time ,

implementation is

wrrong and need to be

2015

20th May. -

30th May

.2015

not yet carry out to

July 2017 due to

problem of budget

disbursement

Delay of budget

disbursement 2014 14-Dec

Completed,

December 2014timely

VEC; VEC Consultant;

Provincial Steering

Committee; DPC, CPC

8

database

management for

households

Set database for the

management of households

participating in IRP

2013 2015completion in

2015

due to delay in procedures

establishment to carry out

and delay in

distribursement (Decision

No 44)

2013 2015 Completion in 2015 Timely 2014 2016 2016

completion in 2016 due

to waiting spending time

to resolve problem when

HHs selecte incoorect

income activities, first

time , and selected in

2015

10 June. -

30th

June.2015

Completed Timely 2014 14-SepCompleted,

September 2014timely

Steering Committee,

Management Board,

Self-Management

Board, Partners,

Board, Partners, VEC

Consultant

II 2014

1

Collect

registration

forms

Collect registration forms on

agricultural and non-

agricultural models (including

support in building models)

and Vocational Training

2014 2015completion in

2015

due to delay of procedure

in implementation of IRP

and distribution of budget

2014 2015

Completion 2015 ( for 76 HHs

previously and Not yet for for

46 HHs ( for additional list) in

2017

due to delay of procedure in

implementation of IRP and

distribution of budget

2014 2017 Not completed yet

due to waiting spending

time to resolve problem

when HHs selecte

incoorect income

activities, first time , and

2015

20 June. -

30th

June.2016

Completion in 2016 timely 2015 15-Jan

92 AHs out of 119

has been

Completed,

January 2015

timely

Steering Committee,

Management Board,

Community

Monitoring Board,

Partners, VEC

2

Assess the

feasibility of

the models

and

implementation

Assess the feasibility of

the models and

implementation

2014Completion

in 2015

Completion in

2015

due to delay of procedure

in implementation of IRP

and distribution of budget

2014 2015

Completion 2015 ( for

76 HHs previously and

Not yet for for 46 HHs (

for additional list) in

2017

due to waiting spending time to

resolve problem when HHs selecte

incoorect income activities, first

time , and selected in second and

delay of budget

2014 2017 Not completed yet

due to waiting spending

time to resolve problem

when HHs selecte

incoorect income

activities, first time , and

selected in second and

2015

20 June. -

30th

June.2016

Completion in 2016 timely 2015 Jan. 2015 Completed for 92

AHs, Jan. 2015 timely

Management Board,

CPCs

3Sign support

agreements

Sign support agreements on

agricultural extension,

veterinary services (upon

registration demand),

business services...

2014 2015

Partially

completion in

June 2015

due to delay of procedure

in implementation of IRP

and distribution of budget

2014 2015

Completion 2015 ( for

76 HHs previously and

Not yet for for 46 HHs (

for additional list) in

2017

due to waiting spending time to

resolve problem when HHs selecte

incoorect income activities, first

time , and selected in second and

delay of budget

2014 2017 Not completed yet

not yet carry out to July

2017 because problem

of budget disbusement

for implementation

2015 2017 Not yet coompletedDelay of budget for

IRP implementation2015 Jan. 2015

Completed, Jan.

2015timely

Management Board,

CPCs

4

Support the

development

of projects

and models

Support the development

of projects and models

(cooperative, group,

households), including

identification and evaluation

of targeted audience

2014 2015

partially

Completion

2015-2016

due to delay of procedure

in implementation of IRP

and distribution of budget

2014 2015 Completion 2016 46 HHs additional list 2015 2017 Not completed yet

not yet carry out to July

2017 because problem

of budget disbusement

for implementation

2015 2017 Not yet coompletedDelay of budget for

IRP implementation2015

Jan.-Feb.

2015

Completed, Jan.-

Feb. 2015timely

Management Board,

CPCs

5

Approach and

Agreement with

recruiters and

Trainers

Approach recruiters (cum

training)/agreement and

negotiations and labor supply

2014Completion

in 2016

completion in

2016;(21March

2016-7 March

2016)

Completion in 2015 due to

delay of procedure in

implementation of IRP

2014 2015Completion 2015-2016

for 76 HHs ( first time),

remaining 46 HHs of additional list

( second time), waiting approval

decisiopn by Province PC

2015 2017 Not completed yet

not yet carry out to July

2017 because problem

of budget disbusement

for implementation

2015 2017 Not yet coompletedDelay of budget for

IRP implementation2015 2015

Completion in

2015timely

6Assessment/

coordinationAssessment/coordination 2014 2017-2018

prepare to

assess mid of

implementation

in 2017

delay for budget to carry

out ( for local staffs)2014 2017

prepare to assess mid of

implementation in 2017

Delay for budget for costing local

satffs2015 2017 2017

today, to July 2017, IRP

is not carried out due to

delay of Budget , is not

disbursed

2015 2017 Not yet coompletedDelay of budget for

IRP implementation2016 2016

Completion in

2016timely

VEC, Community

Monitoring Board,

Monitoring Consultant

8Disbusement for

IRP Fund

Disbusement of budget to

carry out IRP Implementation

at local

2014 2015 2016

in December /1/2016

Budget for IRP

implementation disbursed

( Delay of disbuserment

from VEC for IRP

implememtation by about

1 year)

2014 2015 2016

Disbursement of budget of IRP for

76 HHs in December 2015,

Completion of hand over of input of

IRP in 2016 for 76 HHs ( first time),

remaining 46 HHs of additional list (

second time) is not approved, cost

for local staffs is not disbursed

2015 2017 2017

at this time, budget for

IRP implementation is

not disbursed ( to July

2017)

2016 2017

at this time, budget

for IRP

implementation is not

disbursed ( to July

2017)

Delay of budget for

IRP implementation2015 2015

Completion in

2015timely

VEC, Community

Monitoring Board,

Monitoring Consultant

9Hand over input

to households

organize hand over of input to

everyhousehold to carry out

IRP implementation as the HH

choise income activity

2014 2015

Expected to be

comleted up to

December 2017

DOLISA of Long An

Province issued office plan

No 1250/SLĐTBXH-KH

dated 23 June 2017 to

prepare implementation,

but no budget to carry out

2014 2017 76 HHs completed

DOLISA of Long An Province issued

office plan No 1250/SLĐTBXH-KH

dated 23 June 2017 to prepare

implementation, but no budget to

carry out

2015 2017not yet carry out to

July 2017

due to problem of

budget disbursement2016 2017

not yet carry out to

July 2017

Delay of budget for

IRP implementation2015 2015 2015 timely

VEC, Community

Monitoring Board,

Monitoring Consultant,

Project Supervision

Consultant

10

carry out

monitoring and

evaluating IRP

implementation

carry out monitoring and

evaluating IRP

implementation during mid of

IRP implementation as

regulation

2016

continuous

activity up till

project

comletion

2017 2016

continuous

activity up till

project

comletion

Report is being prepared 2016 2018 2018Being carried out as

regulation2017 2017 Not started yet

Delay of budget for

IRP implementation2016 2018

Completion in

2016timely

Committee of IRP

implementation,

Project Supervision

Consultant

11

Prepare

completion

report of IRP

implementation

Prepare completion report to

assess IRP implemetation at

local is sucessful or not

sucessful and leason learn

2017 2018 2018 To be carried out in 2018 2017 2018 To be carried out in 2018 to be carried out in 2018 2017 2019 2019

Prepare completion

report to assess IRP

implemetation at local is

sucessful or not

sucessful and leason

learn

2018 2019

Prepare completion

report to assess IRP

implemetation at local

is sucessful or not

sucessful and leason

learn

Delay of budget for

IRP implementation2017 2017

Completion in

2017timely

Committee of IRP

implementation and

Project Supervision

Consultant

Ben Luc district Can Giuoc District Binh Chanh Nha Be District Can Gio

Preparatory activities

Implementation Specific Program

Plan to catch upImplementation UnitsNo.

Name of

Program

(Activities)

Content of Program

Annex 8: Income Restoration Program Implementation Schedule