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Combined Resettlement Plan and Ethnic Minority

Development Plan

December 2017

VIE: GMS Kunming-Haiphong Transport Corridor

Noi Bai-Lao Cai Highway Project

Prepared by Vietnam Expressway Corporation for the Asian Development Bank. This is

an addendum to the resettlement plan originally posted in March 2010 available on

https://www.adb.org/projects/documents/kunming-hai-phong-transport-corridor-noi-bai-

lao-cai-highway-project-phu-tho-town

This combined resettlement plan and indigenous peoples plan addendum is a document

of the borrower. The views expressed herein do not necessarily represent those of ADB's

Board of Directors, Management, or staff, and may be preliminary in nature. Your

attention is directed to the “terms of use” section of this website.

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

designation of or reference to a particular territory or geographic area in this document,

the Asian Development Bank does not intend to make any judgments as to the legal or

other status of any territory or area.

December 2017

REMDP 2010

Addendum REMDP

2017

Addendum Resettlement and Ethnic

Minority Development Plan

Phu Tho town, Phu tho Province

Tháng 10 năm 2017

i

ABBREVIATIONS

ADB Asian Development Bank

AH Affected Household

AP Affected Person

CPC Commune People’s Committee

DCCSC District Committee for Compensation and Site Clearance

DMS Detail Measurement Survey

DPC District People’s Committee

GMS Greater Mekong Subregion

HH Household

IOL Inventory of Losses

LURC Land Use Rights Certificate

NEPMU Northern Expressway Project Management Unit

PCCSC Province Committee for Compensation and Site Clearance

PIB Project Information Booklet

PPC Provincial People’s Committee

PSC Project Supervision Consultant

RCS Replacement Cost Study

REMDP Resettlement and Ethnic Minority Development Plan

RTF Resettlement Task Force

TPC Town People’s Committee

TWCIPMU Transport Work Construction and Investment Project Management Unit

VEC Vietnam Expressway Corporation

CURRENCY EQUIVALENTS

(As of 01 November 2017)

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

1 USD = 22,745 VND

ii

DEFINITION OF TERMS

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

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

assets and income sources acquired or adversely affected by

the project.

Replacement

cost

– The level of compensation that is sufficient for an affected

household (AH) or AP to acquire, build or purchase a

replacement of assets adversely affected by the project. The

replacement cost is calculated at current market price of the

affected assets without deduction for depreciation or

salvageable materials for structures, or of equal productivity

or similar attributes in the case of land where there is no

active market. Transaction costs, administrative charges

such as taxes, titling costs, etc. will be shouldered by the

project owner or the executing agency and not the AH or AP.

Severely

affected

households

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

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

or more of their total income sources due to the project

Resettlement

and

Ethnic Minority

Development

Plan

(REMDP)

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

entitlements, specific activities, responsibilities of concerned

agencies, groups and individuals and budget for the purpose

of addressing the displacement of people from assets,

sources of incomes, homes, and communities towards

reconstructing their disrupted lives and improving or restoring

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

Replacement

Cost Study

– This refers to the process involved in determining

replacement costs of affected assets based on empirical

data.

Inventory of

Losses (IOL)

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

residence, commerce, agriculture, including ponds; dwelling

units; stalls and shops; secondary structures, such as

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

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

way are identified, measured, their owners identified, their

exact location pinpointed, and their replacement costs

calculated. Additionally, the severity of impact to the affected

assets and the severity of impact to the livelihood and

productive capacity of APs will be determined.

Detailed

Measurement

Survey (DMS)

– With the use of approved detailed engineering drawings, this

activity involves the finalization and/or validation of the

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

during preparation of resettlement plan.

iii

Affected

person/Affected

household

(AP/AH)

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

public institution that, on account of changes resulting from

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

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

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

grazing land), water resources or any other moveable or

fixed assets acquired, possessed, restricted or otherwise

adversely affected, in full or in part, permanently or

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

or residence or habitat adversely affected, with or without

displacement.

Vulnerable

groups

– These are distinct groups of people who might suffer

disproportionately or face the risk of being further

marginalized by the effects of resettlement and specifically

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

disabled household heads, (iii) households falling under the

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

elderly households who are landless and with no other

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

indigenous people or ethnic minorities.

Entitlement – Refers to a range of measures comprising compensation,

income restoration, transfer assistance, income substitution,

relocation support, etc. which are due to the APs, depending

on the type and severity of their losses, to restore their

economic and social base.

Resettlement – This includes all measures taken to mitigate any and all

adverse impacts of a project on AP property and/or

livelihoods, including compensation, relocation (where

relevant), and rehabilitation as needed.

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

or private institution is compelled by a public agency to

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

ownership and possession of that agency for public purposes

in return for compensation at replacement costs

iv

TABLE OF CONTENTS

EXECUTIVE SUMMARY ....................................................................................................... 6

A. PROJECT BACKGROUND ............................................................................................ 8

B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS........................ 10

2.1. Measures to mitigate negative impacts .................................................................... 10

2.2. Scope of impacts ...................................................................................................... 10

C. SOCIO-ECONOMIC PROFILE..................................................................................... 12

3.1. General Socio-economic information of affected communes .................................. 12

3.2. Socio-economic profile of affected households ....................................................... 14

D. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL

PARTICIPATION ................................................................................................................. 18

E. REPLACEMENT COST STUDY .................................................................................. 21

F. GRIEVANCE REDRESS MECHANISM ....................................................................... 24

G. POLICY AND LEGAL FRAMEWORK .......................................................................... 25

7.1. Relevant laws and regulations of Vietnam ............................................................... 25

7.2. ADB Safeguard Policy and Requirements ............................................................... 26

7.3. Project Principles ...................................................................................................... 26

H. PROJECT ENTITLEMENTS......................................................................................... 28

8.1. Eligibility .................................................................................................................... 28

8.2. Entitlements .............................................................................................................. 28

I. COSTS AND BUDGET ................................................................................................. 33

J. LIVELIHOODS AND INCOME RESTORATION .......................................................... 34

K. RESETTLEMENT ......................................................................................................... 34

L. INSTITUTIONAL ARRANGEMENTS ........................................................................... 36

12.1. Vietnam Expressway Corporation .......................................................................... 36

12.2. Provincial People’s Committee............................................................................... 36

12.3. Province Committee for Compensation and Site Clearance ................................. 36

12.4. District People’s Committee ................................................................................... 37

12.5. District Committee for Compensation and Site Clearance .................................... 37

12.6. Commune People’s Committee.............................................................................. 37

12.7. Project Supervision Consultant .............................................................................. 38

M. IMPLEMENTATION AND MONITORING SCHEDULE ............................................... 39

APPENDICES ...................................................................................................................... 40

Appendix 1: List of consulted persons............................................................................. 40

Appendix 2: Lists of households affected by the additional land acquisition in Phu Tho

Town ............................................................................................................................... 44

Appendix 3: Project Information Booklet ......................................................................... 46

Appendix 4: Minutes of public consultative meetings ..................................................... 53

Appendix 5: Photos of consultations ............................................................................... 59

v

LIST OF TABLES

Table 1: Scope of project in Phu Tho Province ..................................................................... 8

Table 2: Scope of the additional land acquisition impacts .................................................. 10

Table 3: Population of affected communes ......................................................................... 12

Table 4: Main occupations of households ........................................................................... 12

Table 5: Number of working age people in affected communes ........................................ 13

Table 6: Living conditions of households ............................................................................ 13

Table 7: Vulnerable groups in the affected communes....................................................... 13

Table 8: Gender and age of affected householders............................................................ 14

Table 9: Main occupation of affected householders ........................................................... 14

Table 10: Demographic information of affected households .............................................. 15

Table 11: Age of AH members ............................................................................................ 15

Table 12: Percentage of employed AH members ............................................................... 16

Table 13: Classification of AH’s house ................................................................................ 16

Table 14: Percentage of male and female members participating in family activities........ 17

Table 15: Summary of contents of public consultative meetings during the Addendum REMDP preparation ............................................................................................................. 18

Table 16: The survey result of land prices in the affected communes ............................... 22

Table 17: The survey result of trees and crops prices in Ha Loc and Ha Thach Communes, Phu Tho Town ................................................................................................. 23

Table 18: Entitlement Matrix ................................................................................................ 29

Table 19: Total costs of compensation and assistance for additional land acquisition impacts ................................................................................................................................. 33

Table 20: Implementation schedule of the Addendum REMDP for Phu Tho Town ........... 39

EXECUTIVE SUMMARY 6

EXECUTIVE SUMMARY

Noi Bai-Lao Cai Highway Project (hereinafter referred to as the Project) is owned by the

Vietnam Expressway Corporation (VEC) and financed by Asian Development Bank

(ADB). The Project highway has a total length of 264km, starting at the interchange

between Bac Thang Long - Noi Bai and National Highway 2 in the District of Soc Son, Ha

Noi City, crossing the provinces of Vinh Phuc, Phu Tho, Yen Bai and Lao Cai before

terminating at Bat Xat District, Lao Cai Province. In Phu Tho Town, the project highway

crosses Ha Loc and Ha Thach Communes with the length of 5.957km.

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

(REMDP) for Phu Tho Town was prepared and approved in 2010. All affected households

(AHs) received full compensation and assistance in 2010 and 2011.

In 2017, project authorities decided to acquire some areas outside the project land

demarcation in Ha Loc and Ha Thach Communes – Phu Tho Town which were affected

by the construction and operation of the project highway. Therefore, this Addendum

REMDP has been prepared for additional land acquisition in Phu Tho Town.

The additional land acquisition affected 5,413.8 m2 of paddy land belonging to 32 AHs

(140 persons) in Ha Loc and Ha Thach Communes. DMS was conducted for the affected

assets of the AHs in March 2017. Payment of compensation and assistance to these AHs

will be completed in December 2017.

All the AHs who have land affected by this additional acquisition were affected by the

previous land acquisition of the Project. According to the Project criteria, 29 out of 32 AHs

are severely affected (accumulated proportion of agricultural land loss due to the Project

impacts is from more than 10% of total agricultural land holding) and 03 remaining

households are marginally affected (accumulated proportion of agricultural land loss due

to the Project impacts is less than 10% of total agricultural land holding); the land loss

accumulative proportion of AHs has not changed from a low level to a higher level. All

severely AHs were already severely affected by the project previous land acquisition.

Therefore, there is no new severely AHs in this additional land acquisition and no

household has to relocate.

Basically, policies on compensation, assistance and resettlement applicable to AHs

affected by the additional land acquisition are in line with project policies specified in the

agreed 2010 Updated REMDP. In case of discrepancy between any provisions, the

provision provided more benefits to affected households shall take precedence.

Assistance for job transition and creation and assistance for life stabilization as specified

in Decision No. 11/2011/QĐ-UBND is higher than those were regulated in Decision No.

3618/2007/QĐ-UBND of Phu Tho PPC. In addition, bonus for handing over the affected

land on time was not specified in the agreed 2010 Updated REMP while this entitlement

will be provided to the households affected by this land acquisition. The entitlement matrix

presents the discrepancies in details. The compensation for APs will be calculated based

on the replacement cost principle.

Public consultative meetings have been conducted in Ha Loc and Ha Thach Communes

during the implementation of the land acquisition. Project information booklet (PIB) was

prepared and distributed to the attendees. The information that has been disseminated

and consulted with the AHs and relevant parties includes (i) summary of scope of

additional land acquisition impacts; (ii) entitlements; (iii) grievance redress mechanism

EXECUTIVE SUMMARY 7

and (iv) Addendum REMDP implementation schedule. After the Addendum REMDP is

agreed, the Vietnamese version will be posted at the CPC office and in other public

places.

Grievance redress mechanism will comply with the regulation in the agreed 2010 Updated

REMDP. This mechanism has been presented in the PIB and discussed with the APs at

public consultative meetings.

Total budget of the compensation and assistance for the additional impacts is VND

593,308,412 (USD 26,085). The total budget includes costs of compensation, assistance,

and administration cost. VEC needs to provide sufficient funds in a timely manner for

compensation and assistance as well as for unexpected expenses that exceed the

compensation and assistance expenses, in order to meet the requirements and targets of

compensation and assistance.

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

overall responsibility for the satisfactory implementation of land acquisition, compensation,

assistance, and resettlement under the Project. The Department of Finance and Planning

under the NEPMU has been established to provide guidance to District Committee for

Compensation and Site Clearance (DCCSC). Staff of the VEC will take part in the

Province Committee for Compensation and Site Clearance (PCCSC) and DCCSC.

The PCCSC and DCCSC, through the Phu Tho Transport Work Construction and

Investment Project Management Unit (TWCIPMU) and the NEPMU with support from the

Project Supervision Consultant (PSC), spearhead the planning and implementation of the

Addendum REMDP.

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

ensuring that compensation and assistance are carried out in accordance with the social

safeguards laid out in the agreed 2010 Updated REMDP.

The mechanism of monitoring and assessment of the implementation of the Addendum

REMDP will comply with the regulations set out in the agreed 2010 Updated REMDP.

PROJECT BACKGROUND 8

A. PROJECT BACKGROUND

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

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

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

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

highway has a total length of 264km, starting at the interchange between Bac Thang Long

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

provinces of Vinh Phuc, Phu Tho, Yen Bai and Lao Cai before terminating at Bat Xat

District, Lao Cai Province.

The project construction is divided into 2 phases:

• Phase 1: (i) Construction of Noi Bai – Yen Bai section with 4 lanes with the total

length of 121km; (ii) Construction of Yen Bai – Lao Cai section with 2 lanes with

the total length of 123km.

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

constructed in phase 1: (i) Widening Noi Bai – Yen Bai section from 4 lanes into 6

lanes; (ii) Widening Yen Bai – Lao Cai section from 2 lanes into 4 lanes; (iii)

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

Highway and Kunming – Hekou Highway.

The project was commenced in the third quarter of 2008 and the whole route with the

length of 244 km from Hanoi City to Lao Cai City and the highway was officially

inaugurated issuing traffic and put into operation on September 21st 2014.

This highway is aimed at not only economic-social development and national defense

safety in general, but also at population restructuring on the right side of the Red river, the

North-Western region in particular, giving momentum for the economic restructuring of

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

economic centers, industrial zones, and tourism and entertainment centers in the Northern

region.

The Noi Bai – Lao Cai highway traverses through Viet Tri City, Phu Ninh District, Lam

Thao District, Phu Tho Town, Thanh Ba, Cam Khe and Ha Hoa Districts of Phu Tho

Province with the length of 61.67 km. Details of chainage and the length of the section

through Phu Tho Province in general and Phu Tho Town in particular are as follows:

Table 1: Scope of project in Phu Tho Province

No. District

Commune Chainage Length

(km) From To

1 Viet Tri City 1 Hung Lo Km48+088 - Km48+823 0.735

2 Phuong Lau Km48+823 - Km49+679 0.856

3 Kim Duc Km49+679 - Km52+700 3.021

2 Phu Ninh 1 Phu Ninh Km52+700 - Km56+840 4.140

3 Lam Thao 1 Tien Kien Km56+840 - Km60+942 4.102

4 Phu Tho

Town 1 Phu Ho Km60+942 - Km62+325 1.383

PROJECT BACKGROUND 9

No. District

Commune Chainage Length

(km) From To

2 Ha Thach Km62+325 - Km64+104 1.779

3 Ha Loc Km64+104 - Km68+282 4.178

4 Van Lung Km68+282 - Km68+382 0.100

5 Thanh Ba 1-(1) Dong Thanh Km68+382 - Km70+758 2.376

2 Vu Lao Km70+758 - Km71+485 0.727

1-(2) Dong Thanh Km71+485 - Km73+022 1.537

3 Chi Tien Km73+022 - Km75+918 2.896

4 Thanh Xa Km75+918 - Km77+147 1.229

5 Hoang Cuong Km77+147 - Km78+039 0.892

6 Cam Khe 1 Sai Nga Km78+039 - Km80+390 2.351

2 Son Nga Km80+390 - Km82+350 1.960

3 Phung Xa Km82+350 - Km84+035 1.685

4 Phuong Xa Km84+035 - Km85+162 1.127

5 Tuy Loc Km85+162 - Km88+714 3.552

7 Ha Hoa 1 Minh Coi Km88+714 - Km94+108 5.394

2 Van Lang Km94+108 - Km95+263 1.155

3 Bang Gia Km95+263 - Km96+500 1.237

4 Vo Tranh Km96+500 - Km99+175 2.675

5 Xuan Ang Km99+175 - Km104+350 5.175

6 Quan Khe Km104+350 - Km108+485 4.135

7 Hien Luong Km108+485 - Km109+755 1.270

The highway crossing Phu Tho Town is approximately 7,440 m long, from Km60+942 to

Km68+282.

The updated REMDP for Phu Tho Town was approved in 2010. In 2017, project

authorities decided to acquire some areas of agricultural land outside the project land

demarcation in Ha Loc and Ha Thach Communes – Phu Tho Town which were affected

by the project construction and operation. Therefore, this Addendum REMDP for Phu Tho

Town has been prepared for the impacts of the additional land acquisition.

SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS 10

B. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS

In the Letter No. 46/CV-BTGPMB dated 13/09/2016 sent to NEPMU and Phu Tho

TWCIPMU, Phu Tho Town Committee for Compensation and Site Clearance estimated that

the area of affected land to be additionally acquired outsite the project land demarcation is

4,759.9 m2. The results of DMS conducted in March 2017 indicate that the area of affected

land is larger than the estimated area (see Item 2.2).

The additional land acquisition would affect 32 AHs (140 persons) in Ha Loc and Ha Thach

Communes. All the 32 AHs were previously affected by the Project (by land acquisition for

the main route). Of the AHs, 29 AHs are severely affected and 03 AHs are marginally

affected according to the Project criteria.

2.1. Measures to mitigate negative impacts

With the aim of mitigating the negative impacts of the Project, Phu Tho TPC, NEPMU, local

authorities and PSC considered the following mitigation measures:

• Relevant stakeholders supported to improve the quality of the affected areas outside

the project land demarcation. The areas affected by landslide or inundation which

could not be improved have been considered for acquisition;

• The additional acquisition of land to treat landslides will be monitored by local people

and community in the project area and an internal monitoring unit to ensure that

impacts on agricultural land of households are minimized.

2.2. Scope of impacts

Impacts on land

The additional acquisition of land outside the project demarcation has affected 5,413.8 m2 of

32 households (21 AHs in Ha Loc Commune and 11 AHs in Ha Thach Commune). The area

was affected by landslide or inundation and could not be improved. All the AHs have their

own Land Use Rights Certificate (LURC); therefore, they are entitled to compensation and

assistance of the Project. The scope of the additional land acquisition impacts is provided in

the table below.

Table 2: Scope of the additional land acquisition impacts

Commune Area (m2) Number of AHs Number of APs

Ha Loc 1,139.4 21 93

Ha Thach 4,274.4 11 47

Source: DMS results, 2017 According to the project policies, the AH's land loss proportion will be accumulated through

land acquisition batches. The DMS results indicate that the land loss proportion of AHs has

not changed from a low level to a higher level.

Impacts on trees and crops

The additional land acquisition has affected 5,413.8 m2 of paddy of 32 AHs. There are no

crops and trees other than paddy were affected by the land acquisition.

Impacts on houses and other structures

The additional land acquisition has not affected any house or other structures of households.

SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS 11

Impacts on vulnerable AHs

Of the 32 AHs, 04 AHs (17 persons) comprising 01 female-headed household and 03 poor

households are vulnerable. These households have a total area 283.4 m2 of land and a total

area of 283,4 m2 of crops affected. These households already participated in the Income

restoration project and received the additional allowance for vulnerable households for the

previous land acquisition.

Impacts on livelihoods and incomes

Of the 32 AHs, 29 AHs (129 persons) are severely affected and 03 AHs are marginally

affected according to the Project criteria. The severely AHs were also severely affected by

the project previous land acquisition. It is noted that all these severely AHs already

participated in the Project Income Restoration Program.

SOCIO-ECONOMIC PROFILE 12

C. SOCIO-ECONOMIC PROFILE

In October 2017, the social specialist group of the project supervision consultant

conducted several in-depth interviews and focus-group discussions with 32 AHs in order

to gather socio-economic information of those AHs. Besides, the specialist group also

conducted the in-depth interviews and focus group discussions with the representatives of

local authorities, cadastral officers and the leaders of mass organizations in order to

gather secondary information/ data available including recent socio-economic reports,

statistics and other relevant documents.

3.1. General Socio-economic information of affected communes

The additional acquisition of land located outside the project land demarcation has been

carried out in the area of Ha Loc and Ha Thach Communes of Phu Tho Town. According

to the collected socio-economic information, the total population of the two affected

communes is 20,175, of which 10,730 people are male and 9,445 people are female. The

male/female ratio in the communes is relatively equal. The table below shows the

population of Ha Loc and Ha Thach Communes.

Table 3: Population of affected communes

Commune Total no. of

households

Total

population

Male Female

# % # %

Ha Loc 2,232 9,160 4,672 51 4,488 49

Ha Thach 2,972 11,015 6,058 53 4,957 45

Total 5,204 20,175 10,730 53.18 9,445 46.82

Source: SES, 2017

Since this town is located in the midland of the Northern mountainous area, households in

this town rely most on agriculture (cultivation and livestock breeding). Of 5,204

households living in the two affected communes, 3,863 AHs (accounting for 74.23%) rely

on agriculture. The remainder of households relies on other occupations such as small

business, service doer, worker, etc.

Table 4: Main occupations of households

Commune Total no. of households

No. of HHs engaged in agriculture

No. of HHs engaged in non-agricultural

occupation

Ha Loc 2,232 1,785 447

Ha Thach 2,972 2,078 894

Total 5,204 3,863 1,341

Source: SES, 2017

In this town, total working-age population is 12,227 (60.6%), of which, male/female ratio is

relatively equal with 6,487 male people (53%) and 5,740 female people (47%). Of 12,227

people of working age, 99.45% (12,160 people) are employed. The following table

provides number of people of working age in the affected communes:


Table 5: Number of working age people in affected communes

Commune Total

population

# people of working age

Total Male Female # employed

people

Ha Loc 9,160 5,300 2,677 2,623 5,270

Ha Thach 11,015 6,927 3,810 3,117 6,890

Total 20,175 12,227 6,487 5,740 12,160

Source: SES, 2017

Most of households are engaged in agriculture so their income is not high. The average

annual income of households in Ha Loc Commune is VND 28,000,000/ person/year and in

Ha Thach Commune is VND 25,000,000/ person/year.

All households in the affected communes in Phu Tho Town have been connected with the national grid and they have been using grid electricity. Most of households have not used tap water; they use water from dug well or drilled well. The following table describes percentage of households using grid electricity, septic tank toilet and clean water in Ha Loc and Ha Thach Communes.

Table 6: Living conditions of households

Commune Grid electricity

(%) Septic tank toilet (%)

Tap water (%) Water from

dug/drilled well (%)

Ha Loc 100 60

15 85

Ha Thach 100 90 35 65

Source: SES, 2017

Total number of vulnerable households in the two affected communes is 1,208,

accounting for 23.21% of the total number of households in these communes. Of these

vulnerable households, there are 181 poor AHs (3.48%), 69 female-headed households

(1.32%), 20 households of lonely old people and orphans (0.38%), 582 households with

disabled member (11.18%) and 356 households with member(s) who has/have

contributed to the Revolution (6.84%). All people in the two communes belong to Kinh

ethnic group. No household belongs to minority ethnic group. Details of the vulnerable

households in the affected communes are presented in the following table.

Table 7: Vulnerable groups in the affected communes

Commune

Total no. of

HHs

Poor HH Female-headed

HH

HH of lonely old

person

HH of orphan

HH with disabled member

HH with contribution to the Revolutio

n

# % # % # % # % # % # % Ha Loc

2,232 69

3.09 17

0.76 4

0.18 5

0.22 235

10.53 141

6.32

Ha Thach

2,972

112 3.7

7 52 1.7

5 3 0.1

0 8 0.2

7 347 11.68 215

7.23


Commune

Total no. of

HHs

Poor HH Female-headed

HH

HH of lonely old

person

HH of orphan

HH with disabled member

HH with contribution to the Revolutio

n

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

Total

5,204 181

3.48 69

1.33 7

0.13 13

0.25 582

11.18 356

6.84

Source: SES, 2017

3.2. Socio-economic profile of affected households

Information of affected householders

SES results show that there are 32 households (140 persons) affected by the additional land acquisition in Phu Tho Town. Of 32 AHs, male householders represent 81% while female householders represent 19%. Most of the householders age 40-60. Details of gender and age of affected householders is shown in the following table.

Table 8: Gender and age of affected householders

Commune No. of AHs

Gender of householder

Age

Male Female 18-40 40 - 60 >60

Ha Loc # 21 17 1 15 5 1

% 100 81 17 71.42 23.8 4.78

Ha Thach # 11 9 2 3 6 2

% 100 81.8 18.2 27.28 54.54 18.18

Total # 32 26 6 18 9 3

% 100 81 19 56.25 28.13 15.62

Source: SES, 2017

As per the results of the household survey, all 32 AHs belong to Kinh ethnic group and most of the householders are married (86.8%); a small number of householders (13.2%) are widow/widower.

Phu Tho Town is a rural area of Phu Tho Province so the main income of the affected householders and AHs is all agricultural occupation. Of 32 affected householders, 27 householders (84.4%) engage in agriculture (cultivation, animal husbandry) as their main occupation. The remaining affected householders have other main occupations that account for a small percentage including unskilled worker, state officer, and small business/service doer. The following table shows main occupations of affected householders in Ha Loc and Ha Thach Communes.

Table 9: Main occupation of affected householders

Commune

No. of AHs

Main occupation of affected householders

Farming/Animal husbandry

Business/service doer

Unskilled

worker

State employe

e

Retired worker/

housewife

Ha Loc

# 21 15 2 2 1 1

% 100 71.42 9.52 9.52 5.02 5.02


Commune

No. of AHs

Main occupation of affected householders

Farming/Animal husbandry

Business/service doer

Unskilled

worker

State employe

e

Retired worker/

housewife

Ha Thach

# 11 7 1 1 1 1

% 100 63.64 9.09 9.09 9.09 9.09

Total # 32 22 3 3 2 2

% 100

Source: SES, 2017

The SES results indicated that of 32 AHs, 04 AHs (17 persons) are vulnerable comprising 01 female-headed household and 03 poor households. These households are all living in Ha Loc Commune. Socio-economic profile of affected households

As aforementioned, the total number of AHs in the 02 affected communes in Phu Tho Town is 32 (140 persons). The male/female ratio is relatively equal with 73 male people (52.1%) and 67 female people (47.9%). Most of AHs (21 AHs with 93 persons) are in Ha Loc Commune.

Table 10: Demographic information of affected households

Commune No of AHs No of APs

Male Female Mean number

of members

/HH

# % # %

Ha Loc 21 93 48 51.6 45 48.4 4.43

Ha Thach 11 47 26 55.3 21 44.7 4.27

Total 32 140 73 52.1 67 47.9 4.37

Source: SES, 2017

Age of affected household members is evenly distributed from 15 – 30, 31 - 45, 46 – 60 to above 60. Since their main occupation is agriculture, most of AH members (77.14%) are employed. The table below presents age and percentage of employed members of AHs in the affected communes.

Table 11: Age of AH members

Commune No. of

AHs

No. of

APs

Age of AH members

<15 15-30 31-45 46-60 >60

Ha Loc # 21

93 13 22 27 25 6

% 100 13.98 23.66 29.03 26.88 6.45

Ha Thach

# 11 47

9 13 14 7 4

% 100 19.15 27.66 29.79 14.89 8.51

Total # 32 140 22 35 41 32 10


Commune No. of

AHs

No. of

APs

Age of AH members

<15 15-30 31-45 46-60 >60

% 100 15.71 25 29.28 22.86 7.14

Source: SES, 2017 Table 12: Percentage of employed AH members

Commune Total no. of

AH members

No. of employed AH members

Total Male Female

Ha Loc #

93 74 38 36

% 51.35 48.65

Ha Thach #

47 34 19 15

% 55.88 44.12

Total #

140 108 57 51

% 52.78 47.22

Source: SES, 2017

As aforesaid, main occupation of the AHs is agriculture (cultivation and/or livestock breeding). AH members may engage in other occupations such as small business, state employee or unskilled worker but they still use their remaining time for agriculture. Agriculture is also the main income of almost all of AHs (91.31%).

Most of the AHs in the two communes of Phu Tho Town live in one-storey house with tile roof (48.4%). One-storey house with flat roof and two or three-storey house represent a smaller percentage. Detailed classification of AH’s house is shown in the following table.

Table 13: Classification of AH’s house

Commune No. of AHs

Type of house

Temporary house

One- storey house

with tile roof

One-storey house

with flat roof

Two or three-storey house

Ha Loc # 21 1 5 9 6

% 100 4.76 23.8 42.86 28.58

Ha Thach # 11 0 3 4 4

% 100 0 27.27 36.36 36.36

Total # 32 1 8 13 10

% 100 3.12 25 40.62 31.26

Source: SES, 2017

All AHs in the affected communes use grid electricity for lighting and other daily domestic

purposes. Main source of water which is used by these AHs are water from dug well

(76.9%). Moreover, AHs also use water from drilled well (12.1%) and tap water (11%). Of

the 32 AHs, 22 AHs have septic tank toilet (68.75%). The remainder of AHs have

temporary toilet, single vault composting latrine and double vault composting latrine. The

affected households use gas, firewood and/or coal as their main cooking energy.


Percentage of AHs using gas is 49.5% and AHs using firewood and/or coal for cooking is

50.5%.

The SES results indicate that there was no epidemic happened in the affected communes

last year. Common diseases that AH members have suffered are mainly joint and bone

diseases (18 AHs), digestive disease (25 AHs), and respiratory disease (23 AHs).

Affected households can access to public services such as health clinic, primary school,

market, cultural house quite easily. Mean distance between their homes to these places is

relatively short, from 1.5km to 4km depending on the location of each commune. This

helps local people access health care service and education easily.

Gender issues are no longer sensitive or concerned issues in the affected communes in

general and in affected households in particular. Percentage of male and female members

sharing family works is relatively high. Specifically, 84.62% of AHs having male and

female members sharing cultivation; 59.34% of AHs having both male and female

members participating in public meetings; AHs having both male and female members

making decisions and taking part in mass organizations is respectively 54.95% and

75.82%. The following tables describe percentage of male and female members

participating in family activities.

Table 14: Percentage of male and female members participating in family activities

Commune

No. of AHs

Activities

Children raising and caring

Decision making Income generating

Male Femal

e Both Male

Female

Both Male Femal

e Both

Ha Loc

# 21 3 5 13 8 6 7 3 4 14

% 100

14.28

23.8 61.9

2 38.0

9 28.57

33.34

9.52 19.05 71.4

3

Ha Thach

# 11 1 2 8 4 3 4 2 1 8

% 100

9.09 18.18 72.7

3 36.3

6 27.27

36.36

18.18

9.09 72.7

2

Total # 32 4 7 21 12 9 11 5 5 22

% 100 12.5 21.87

65.63 37.5 28.12

34.38

15.62 15.62

68.76

Source: SES, 2017

INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL PARTICIPATION 18

D. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL

PARTICIPATION

During the preparation of the additional acquisition of land outside the project land

demarcation, VEC has cooperated with the Phu Tho TWCIPMU, People’s Committees

and mass organizations of Ha Loc and Ha Thach Communes to conduct public

consultative meetings in February 2017 before detailed measurement survey (DMS)

started. The target and scope of additional land acquisition and the implementation

schedule were discussed with participants in the meeting.

During the preparation of the Addendum REMDP for Phu Tho Town in October 2017, the

consultant worked with the Phu Tho TWCIPMU, People’s Committees and mass

organizations of Ha Loc and Ha Thach Communes with the aim of providing information to

and consulting the households affected by the additional land acquisition. The consultative

meetings were conducted at Ha Loc and Ha Thach CPC offices prior to the

implementation of SES and RCS. The affected households’ opinions about the additional

land acquisition raised in the meetings were all recorded. The total number of participants

is 48 comprising 20 female ones and 28 male ones.

The contents of the public consultative meetings held during the preparation of the

Addendum REMDP are summarized in the table below.

Table 15: Summary of contents of public consultative meetings during the Addendum

REMDP preparation

No. Meetings Participants Opinions of

participants

Agreements reached

with AHs and local

authorities

1 Consultative

meeting with

representatives

of local

authorities and

AHs in Ha Loc

Commune

(prior to

implementation

of SES, RCS)

- Time: 17

October 2017

- Venue: Ha

Loc CPC

office

- Number of

participants:

29 (11 female

participants)

Representatives of

CPC:

- Tran Minh Loi –

Vice Chairman of

Ha Loc CPC

- Bui Duc Hung –

Cadastral officer

- Nguyen Thi

Phuong –

Chairwoman of

Women’s Union

Village heads and

representatives of

the AHs

Unit prices of

compensation and

assistance for the

additionally

affected land must

be reasonable.

Compensation and

assistance for the

additionally affected

land shall be paid at

replacement cost. The

Consultant has

conducted RCS to

determine the

compensation unit

price.

Compensation and

assistance must be

paid by lump-sum

so that AHs can

use the payment

for investment

purposes.

Compensation and

assistance shall be

paid by lump-sum.

Complaints and Complaints and



participants

Agreements reached

with AHs and local

authorities

grievances of the

AHs must be

resolved in a

timely, satisfactory

and transparent

manner.

grievances of the AHs

shall be resolved in

compliance with the

grievance redress

mechanism designed

for the Project.

Compensation and

assistance plan

must be publicly

disclosed to

affected people in

particular and to

affected community

in general.

Compensation and

assistance plan shall

be publicly disclosed at

the CPC office.

2 Consultative

meeting with

representatives

of local

authorities and

AHs in Ha

Thach

Commune

(prior to

implementation

of SES, RCS)

- Time: 18

October 2017

- Venue: Ha

Thach CPC

office

- Number of

participants:

19 (09 female

participants)

Representatives of

CPC

- Ha Thi Hong

Dung – Vice

Chairwoman of

Ha Thach CPC

- Tran Xuan Trung

- Cadastral

officer

- Tran Binh Giang

– Chairman of

Farmers’

Association

Village heads and

representatives of

the AHs

Compensation unit

prices of affected

land and non-land

assets must be

reasonable and

accepted by the

AHs.

Affected land shall be

compensated at

replacement cost.

Affected crops and

trees shall be

compensated at

market rate.

Compensation and

assistance must be

paid in a timely,

public and

transparent

manner.

Compensation and

assistance shall be

paid by lump-sum at a

public place (CPC

office or cultural

house).

AHs expected to be

participated in the

Project Income

Restoration

Program.

Eligible AHs shall be

participated in the

Project Income

Restoration Program.

However, eligible

households who

already took part in the

Project Income

Restoration Program

shall not be entitled to

participate in the

Income Restoration

Program again.



participants

Agreements reached

with AHs and local

authorities

AHs showed their

concern about the

schedule of the

additional land

acquisition.

AHs, local authorities

and community will be

notified in advance of

the schedule of the

additional land

acquisition

The draft version of the Addendum REMDP (Vietnamese version) will be posted at CPC

office and other public places in December 2017. This version was also shared with

village heads and other concerned parties for review and feedback. Their feedbacks were

already incorporated in the draft submitted to ADB for review. This document will also be

uploaded on ADB’s website and posted at public places in December 2017 after being

accepted by ADB. In addition, reports on monitoring of compensation and assistance

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

REPLACEMENT COST STUDY 21

E. REPLACEMENT COST STUDY

Replacement cost study is conducted to establish compensation rates for affected land,

structures, trees, crops and other income not generated from land (ex: business, fish

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

During the preparation of the Addendum REMDP in October 2017, the Project

Supervision Consultant (PSC) has conducted the RCS. The PSC recorded that the

compensation unit prices established in March 2017 are reasonable and accepted by the

AHs. The results of the RCS were used to estimate compensation prices at full

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

The implementation of the additional land acquisition will affect only some assets, so this

RCS focuses primarily on properties actually affected by the additional land acquisition

(agricultural land and paddy), rather than referring to all common types of assets.

The market price of an asset is the trading price on the market at the time of evaluation

between a willing buyer and a willing seller in an independent commercial transaction in

ordinary commercial conditions.

The replacement cost of an asset is calculated by its market price adding the transaction

costs and other administrative expenses (if any) to replace this asset.

The legal documents that serve as the basis to conduct the replacement cost study (RCS)

include:

Documents of the Government and related Ministries

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

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

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

development assistance (ODA) and concessional loans of donors;

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

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

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

implementation of the Law on price;

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

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

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

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

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

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

promulgating the price appraisal standard No. 13;

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

support, and resettlement upon land expropriation by the State;

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

promulgating three standards on price appraisal in Vietnam;


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

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

- Decision No. 129/2008/QD-BTC of December 31, 2008 of Ministry of Finance,

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

Documents of Phu Tho Provincial People’s Committee relating to compensation and

assistance:

- Decision No. 11/2014/QĐ-UBND of September 10th 2014 of Phu Tho PPC on

promulgating regulations on compensation, assistance and resettlement when the

State recovers land in Phu Tho Province;

- Decision No. 24/2014/QĐ-UBND of December 29th 2014 of Phu Tho PPC on

promulgating regulations on the land prices for 5 years (2015 – 2019) in Phu Tho

Province;

- Notice No. 01/TB-STC of April 1st 2017 of Phu Tho Department of Finance on

announcing the average prices of agricultural products in Phu Tho Province;

- Notice No. 153/CTK-TB dated 16/04/2014 of Phu Tho Provincial Statistics Office

announcing the average productivity of some annual crops and aquatic products in

2014.

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

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

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

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

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

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

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

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

replacement cost; and the independent commercial transaction in normal market

conditions.

Land: There were 15 interviews conducted with the officials of Division of Natural

Resources and Environment and Land Use Rights Registration Office of Phu Tho Town,

AHs and non-AHs in order to determine (i) recent land use rights transfer prices in the

area and (ii) the price at which the land users (affected and non-affected people) are

willing to sell their lands; (iii) transaction costs involved such as administrative cost, taxes,

transfer fees and fees for granting LURCs. The community and the AHs interviewed have

replied that within the recent 12 months, there have been no agricultural land transactions

in the project area. The compensation unit prices for agricultural land in the project area

according to Decision No. 24/2014/QĐ-UBND dated December 29th 2014 of Phu Tho PPC

are appropriate. Therefore, the applicable compensation unit price is reasonable at the

time of October 2017, ensuring that compensation is paid at replacement cost.

Table 16: The survey result of land prices in the affected communes

Type of

land

Compensation unit price as

per Decision No.

24/2014/QĐ-UBND (VND/m2)

Surveyed unit

price (VND/m2)

Recommended

unit price

(VND/m2)

Paddy land 33,660 33,450 33,660


A comparison between the compensation unit price of land under Decision No.

24/2014/QĐ-UBND of Phu Tho PPC and the price proposed by the AHs indicated that the

difference between the PPC’s compensation unit price and the surveyed price is

insignificant. The survey conducting unit has consulted the AHs and relevant stakeholders

about the recommended unit price and has received their acceptance. In addition,

according to Decision No. 11/2014/QĐ-UBND dated September 10th 2014 of Phu Tho

PPC, apart from land compensation, the AHs are entitled to assistances for job transition

and creation which is 2 times higher than the compensation price of paddy land.

Therefore, the total amount to which AHs are entitled equals 3 times the land

compensation price. The AHs agreed that this amount of compensation is acceptable and

sufficient to buy another land plot if necessary.

Trees, crops: Objective of the RCS is to determine whether the price regulated by Phu

Tho Province for trees and crops is equal to, higher or lower than the average market

price of those trees and crops. Based on the RCS, the average market prices of each type

of trees and crops are determined. The information base to determine replacement cost

has been collected from direct interviews with the owners of trees and crops in the area.

The interview content included the prices at which the owners are willing to sell their trees

and crops (within the past three years) and the market prices of different kinds of

agricultural products from trees and crops. The result of the interviews shows that the

compensation unit prices of trees and crops promulgated by Phu Tho PPC are suitable.

All AHs agreed upon this compensation unit price.

Table 17: The survey result of trees and crops prices in Ha Loc and Ha Thach

Communes, Phu Tho Town

No. Items Unit

Compensation unit price as

per Decision No.

24/2014/QĐ-UBND

(VND/m2)

Surveyed

unit price

(VND/m2)

Recommended

unit price

(VND/m2)

1 Paddy m2 4,463 4,334 4,463

The difference between the unit price newly promulgated by Phu Tho PPC and the

surveyed prices of the trees and crops is insignificant. The survey conducting unit has

consulted the AHs and relevant stakeholders about the recommended unit price and

received acceptance of the AHs.

The results of replacement cost study have been discussed and agreed in the public

consultative meetings with the representatives of local authorities and AHs. The

recommended unit prices have been used to calculate the compensation for the AHs. The

list of consulted persons is presented in Appendix 1.

The proposed compensation unit prices of affected land and non-land assets were

publicly disclosed in September 2017. The AHs have 10 days to review and give feedback

on the disclosed compensation unit prices. In cases where any change in the

compensation unit prices happens, the compensation and assistance plan will be finalized

in December 2017. The compensation will be paid to the affected households based on

the compensation and assistance plan. In cases where there is delay in the payment, the

unit rates must be reviewed and adjusted if necessary to ensure that compensation

payments will be at replacement cost.

GRIEVANCE REDRESS MECHANISM 24

F. GRIEVANCE REDRESS MECHANISM

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

negotiation aimed at achieving consensus. Complaints will pass through 3 stages before

they can be elevated to a court of law, as a last resort. The VEC will shoulder all

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

complaints. The Grievance Redress Mechanism is presented in detail in the agreed 2010

Updated REMDP.

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

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

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

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

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

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

Mission in Hanoi.

POLICY AND LEGAL FRAMEWORK 25

G. POLICY AND LEGAL FRAMEWORK

7.1. Relevant laws and regulations of Vietnam

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

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

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

by projects implemented for the purposes of national defense, security or public benefit.

Organizations and individuals have similar land use rights and the rights are protected by

law and the in-case of land recovery for the purposes of national defense, security and

socioeconomic development, compensation shall follow provisions of law (Article 54). In

addition, the Government has enacted a number of laws, decrees and regulations that

constitute the legal framework for land acquisition, compensation and resettlement. The

principal documents include: Land Law No. 45/2013/QH13; Decree No. 43/2014/NĐ-CP

on Detailed Regulations on Implementation of the Land Law No. 45/2013/QH13; Decree

No. 47/2014/ NĐ-CP on Compensation, Assistance, and Resettlement when the State

Recovers Land; Decree No. 44/2014/NĐ-CP on Land Prices; Decree No.84/2013/NĐ-CP

on Development and Management of Resettlement Housing; Circular No.

37/2014/BTNMT on Detailed Guidance on Compensation and Assistance when the State

Recovers Land, and Circular No. 36/2014/TT-BTNMT on specifying detailed methods of

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

valuation and land prices valuation consulting services. These are the principal legal

documents applied for land acquisition and resettlement.

The Land Law 2013 (taking effect from July 1st 2014) regulating the comprehensive legal

framework on land acquisition and resettlement. A number of articles in Land Law 2013

are similar to the objectives of the policy and principles of ADB’s safeguard principles on

compulsory resettlement. The law regulates the compensation calculated on specific unit

prices (the specific unit price determining method is similar to that of replacement cost

determination), the resettlement area must be constructed and completed before the AP

move into it; and some support provided for AP to settle in.

Regulations of the Government and Phu Tho Provincial People’s Committee relating to

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

acquisition include:

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

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

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

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

and Resettlement when the State Recovers Lands;

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

▪ Decree No. 45/2014/ND-CP dated 15/5/2014 of the Government providing for

the collection of land use levy;

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

Resettlement Housing;

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

Construction guiding a number of contents of the Government’s Decree No.


84/2013/ND-CP of July 25, 2013, providing the development and management

of resettlement houses.

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

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

specific land prices valuation and land prices valuation consulting services;

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

support, and resettlement upon land expropriation by the State;

▪ Decision No. 11/2014/QĐ-UBND of September 10th 2014 of Phu Tho PPC

promulgating the regulations on compensation, assistance and resettlement

when the State recovers land in Phu Tho Province;

▪ Decision No. 24/2014/QĐ-UBND of December 29th 2014 of Phu Tho PPC

promulgating the regulations on the land prices for 5 years (2015 – 2019) in

Phu Tho Province;

▪ Notice No. 01/TB-STC of April 1st 2017 of Phu Tho Department of Finance on

announcing the average prices of agricultural products in Phu Tho Province;

▪ Notice No. 153/CTK-TB dated 16/04/2014 of Phu Tho Provincial Statistics

Office announcing the average productivity of some annual crops and aquatic

products in 2014.

7.2. ADB Safeguard Policy and Requirements

ADB Policy on Involuntary Resettlement aims:

▪ To avoid involuntary resettlement wherever possible;

▪ To minimize involuntary resettlement by exploring project and design

alternatives;

▪ To enhance, or at least restore, the livelihoods of all displaced persons in real

terms relative to pre-project levels; and,

▪ To improve the standards of living of the displaced poor and other vulnerable

groups.

7.3. Project Principles

Principles of compensation, assistance and resettlement of the Project are in line with the

2010 updated REMDP as follows:

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

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

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

compensation as appraised by a qualified external appraiser. For houses and

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

compensation, with no depreciation or deduction for salvageable materials.

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

equivalent attributes in the vicinity.

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

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

request of the AP, will acquire the entire asset.


▪ The timing of land and other asset acquisition will be consulted with APs to seek

their agreement.

▪ Payment of compensation and assistance to affected households will be paid by

lump-sum - not by installments.

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

stakeholders and ensure participation from planning through to implementation.

The comments and suggestions of the APs and communities will be considered

and responded.

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

impacts on other assets of APs, compensation and resettlement options, detailed

entitlements and special arrangements for AHs, grievance redress mechanism,

compensation and assistance payments and resettlement schedule, etc. will be

disclosed to APs in Vietnamese language including the distribution of PIB, prior to

submission of the Addendum REMDP to ADB for review and approval;

▪ Resettlement identification, planning and management will ensure that gender

concerns are incorporated including gender-specific consultation and information

disclosure. This includes special attention to guarantee women’s assets, property,

and land-use rights, and to ensure the restoration of their income and living

standards.

▪ An effective Grievance Redress Mechanism is established for receiving and

resolving grievances during implementation of the Addendum REMDP.

▪ Gender-sensitive social impact assessment and monitoring will be carried out at

various stages of the Project;

▪ Resettlement transition stage should be minimized. Restoration measures will be

provided to APs before the expected starting date of construction in the specific

location.

▪ Budget for payment of compensation, resettlement and support will be sufficient

and made available during project implementation.

▪ Institutional arrangements will be in place to ensure effective implementation of

land acquisition, compensation payment, resettlement, and implementation of

livelihood rehabilitation programs with full participation of and consultation with

AHs;

▪ External monitoring of the compensation and assistance implementation of the

Project will be implemented.

PROJECT ENTITLEMENTS 28

H. PROJECT ENTITLEMENTS

8.1. Eligibility

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

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

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

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

land at replacement cost but not for the affected land and they are entitled to assistances.

8.2. Entitlements

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

crops and trees will be compensated at market rate. The entitlement matrix below will

summarize the benefits that the APs in Phu Tho Town will receive based on the

regulations of the Government and ADB’s policy. The agreed 2010 Updated REMDP for

Phu Tho Town mentioned all of the rights for all kinds of impacts. Since the additional land

acquisition only has affected agricultural land and crops, the matrix of the Addendum

REMDP will only mention the rights applied to the above listed assets.


Table 18: Entitlement Matrix

Type of

Impact/Loss Eligibility 2010 Updated REMDP Entitlements

Entitlements applied in the Addendum

REMDP for Phu Tho Town

Implementation

issues

1. Loss of productive land

1.1 Marginal loss

of productive

land

(agricultural

land,

aquaculture

land, forest

land) (03

AHs)

Owners

with LURC

or in the

process of

acquiring

LURC; and

those

covered by

customary

rights, such

as

members of

ethnic

minority

groups

• For the portion to be acquired

permanently: Cash compensation at

replacement cost (free from taxes

and transaction costs).

• No mention of temporary use of

land; but it is common practice in

Vietnam that contractors cannot use

any private property without a

negotiated arrangement with the

owners of the same.

• Consistent with the country’s law on

transparency, households affected

by government projects are

constantly updated on developments

about the projects that are

undertaken in their communities.



replacement cost.

• No mention of temporary use of land;

but it is common practice in Vietnam

that contractors cannot use any private

property without a negotiated

arrangement with the owners of the

same

• AHs to be notified at least 4 months

prior to the date that the land will

actually be acquired by the Project

• If the remaining

area of the land plot

is no-longer

economically viable

(less than 30 m2 or

the land cannot be

used because of

destroyed irrigation,

the entire plot shall

be acquired.

1.2 Severe loss of

productive

land (29 AHs)

Owners

with LURC

or in the

process of

acquiring

LURC; and

those

covered by

customary

• Cash compensation at replacement

cost (free from transaction costs) for

the entire land,

• Assistance for severely AHs, see

Item 3.1

• Entitled to take part in the income

restoration program




cost

• Assistance for severely AHs, see Item

3.1

• Assistance for life and production

stabilization


restoration program

• The households

severely affected

by this additional

land acquisition

were already

severely affected

by the project

previous land

acquisition. Thus,

they are not eligible


Type of




Implementation

issues

rights, such

as

members of

ethnic

minority

groups




undertaken in their communities



actually be acquired by the Project.

to take part in the

income restoration

program designed

for this additional

land acquisition.

2. Loss of crops and trees

2.1 Paddy (32

AHs)

Owners of

affected

paddy

• For annual crops, compensation is

calculated equivalent to the highest

yield of the crop within 3 recent

years, multiplied by the market price

at the time of compensation;



yield of the crop within 3 recent years,

multiplied by the market price at the

time of compensation;

• The implemented

replacement cost

study indicates that

compensation unit

rate issued by the

PPC is reasonable

and accepted by all

AHs.

3. Assistances

3.1 Impacts on

livelihoods

and income

Assistance

for job

transition

and job

creation (32

AHs)

Decision No. 3618/2007/QĐ-UBND of

Phu Tho PPC

For AHs losing from more than 30% of

productive land:

If land loss is 30%-50%, cash

assistance for job transition is VND

300,000/person/month x 5 months.

Decision No. 147/2010/QĐ-UBND

AHs losing from 10% - 30% who are

As per Decision No. 11/2014/QĐ-UBND

• Job transition and creation will be

provided to all AHs (regardless of

percentage of land loss) who are

directly engaged in farming. The level

of assistance will be calculated as

follows:

- For paddy land: cash assistance

equal to 2 times the price of the

same type of paddy land


Type of




Implementation

issues

poor and/or those whose remaining

land will be insufficient to support the

household: Cash allowance for change

of job in the amount of VND

300,000/person/month x 5 months

- For remaining agricultural lands:

cash assistance equal to 1.5

times the price of the same type

of land.

Assistance

for life and

production

stabilization


Phu Tho PPC

AHs losing 30% or over of productive

land will be provided with cash

assistance equivalent of 30 kg of rice

per person within 3 months if not

required to relocate; within 6 months if

required to relocate.


AHs losing 10%-30% who are poor

and/or those whose remaining land will

be insufficient to cultivate: Cash

assistance is equal to VND 30kg of

rice/AH member for (i) 3 months if not

required to relocate, or (ii) 6 months if




stabilization: 360,000 VND

/person/month (equivalent to 30kg of

rice).

- For households losing 30%-70%

of agricultural land: assistance

within 6 months

- For households losing more than

70% of agricultural land:

assistance within 12 months









• According to the

project regulations,

assistance for life

and production

stabilization is only

available to the

households whose

level of agricultural

land loss increases

due to additional

land acquisition. As

per the DMS

results, the level of

land loss of the

households has not

been changed so

this assistance is

not applicable.

3.2 Bonus for

handing over

Households

having land



Type of




Implementation

issues

land on time

(32 AHs)

affected • Bonus for handing over land on time:

- Agricultural land: VND 2,000/m2

COSTS AND BUDGET 33

I. COSTS AND BUDGET

The total budget for compensation and assistance for the land affected by the additional acquisition is VND 593,308,412 (USD 26,085). The total amount of compensation and assistance payment disbursed to the AHs is VND 581,674,913 (USD 25,574). Details of budget and payment are provided in the following table.

Table 19: Total costs of compensation and assistance for additional land acquisition impacts

No. Category Unit price

(VND) Area (m2)

Amount (VND)

I Compensation for land 1 Paddy land 33,660 5,413.8 182,228,508

II Compensation for crops 1 Paddy 4,463 5,413.8 24,161,789

III Assistances 1 Assistance for job transition and creation 67,320 5,413.8 364,457,016

2 Bonus for handing over land on time 2,000 5,413.8 10,827,600

Total

581,674,913

Management cost 2%

11,633,498

Grand Total

593,308,412

$26,085

LIVELIHOODS AND INCOME RESTORATION 34

J. LIVELIHOODS AND INCOME RESTORATION

The total number of affected households is 32, of which 29 households are severely

affected households according to the Project criteria. However, based on the accumulated

proportion of land acquisition of the Project, all the 29 AHs were already severely affected

by the project previous land acquisition and participated in the project income restoration

program. In addition, 04 out of 32 AHs comprising 01 female-headed household and 03

poor households are considered vulnerable under the Project criteria. All the four AHs live

in Ha Loc Commune. These AHs also participated in the project income restoration

program and receive additional allowance for vulnerable households for the previous land

acquisition.

For this reason, the households affected by this additional acquisition will not be entitled to

take part in the income restoration program again.

RESETTLEMENT 35

K. RELOCATION

The Project’s additional land acquisition has affected only agricultural land of households;

therefore, no household has to relocate.

INSTITUTIONAL ARRANGEMENTS 36

L. INSTITUTIONAL ARRANGEMENTS

12.1. Vietnam Expressway Corporation

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

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

monitoring and supervision of its implementation. VEC has the following key

responsibilities:

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

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

Assistance and Resettlement of the province and district; Securing ADB’s

concurrence for any variations in the Addendum REMDP;

• Securing the budget for implementing the Addendum REMDP, ensuring that

funds for resettlement are available in a timely manner and in sufficient amounts;

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

The Northern Expressway Project Management Unit (NEPMU) has been created to

oversee the planning and implementation of the Noi Bai – Lao Cai highway project. The

above-mentioned tasks are included in the functions of the NEPMU. Technical and

administrative personnel from various VEC divisions have been seconded to the NEPMU.

12.2. Provincial People’s Committee

The Provincial People’s Committee (PPC) will be overall responsible for activities of land

acquisition, compensation and assistance in the Province. The key responsibilities of the

PPC include:

• Establish the PCCSC and DCCSC;

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

assets reflect replacement cost;

• Review the Addendum REMDP for endorsement to VEC;

• Provide guidance in the preparation and implementation of the Addendum

REMDP.

12.3. Province Committee for Compensation and Site Clearance

Province Committee for Compensation and Site Clearance (PCCSC) which is headed by

the Vice-Chairman of the PPC, includes the heads of the Finance Department; the

Natural Resources and Environment Department; Transport Department; Agriculture and

Rural Development Department; and VEC, in addition to the representatives of the

provincial Farmers’ Association, and Women’s Union. The PCCSC was established under

Decision No. 2425/QĐ-UBND dated 24/09/2007 of Phu Tho PPC. The main

responsibilities of the PCCSC are the following:

a. Coordinate, supervise and manage the compensation, assistance and

resettlement activities with Phu Tho TPC, the DCCSC and CPC;

b. Spearhead the conduct of the DMS;

c. Review the Addendum REMDP for endorsement to the Phu Tho PPC;

d. Oversee the implementation of the Addendum REMDP.


Under the PCCSC, Phu Tho TWCIPMU has been established to undertake the following

primary tasks:

a. Carry out the implementation of compensation, assistance and resettlement in

order to hand over the recovered lands to VEC for the Project;

b. Prepare a detailed plan on land acquisition, assign detailed tasks to members of

concerned units or groups;

12.4. District People’s Committee

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

acquisition, compensation and assistance are the following:

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

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

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

Addendum REMDP, liaising with the CPC and relevant stakeholders.

b. Review and endorse the Addendum REMDP to the PPC.

12.5. District Committee for Compensation and Site Clearance

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

Chairman of Phu Tho TPC has been established per Decision No. 202/QĐ-UBND dated

03/03/2008. Under DCCSC, RTF have been established. Members of the DCCSC and

RTF come from government district offices, in addition to representatives of the Cadastral

office, the local police, and village leaders. The main responsibilities of the DCCSC and

RTF are the following:

a. Organize, plan and carry out the compensation, assistance and resettlement

activities in the district on behalf of the Phu Tho TWCIPMU, PCCSC and VEC;

b. Assist the PCCSC in DMS, consultation and disclosure activities;

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

AHs;

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

other entitlements to the AHs;

e. Assist in the resolution of grievances.

12.6. Commune People’s Committee

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

acquisition, compensation and assistance of the Project include the following:

a. Assign commune officials to assist the RTF and DCCSC in the implementation of

the Addendum REMDP;

b. Identify replacement land for the AHs;

c. Sign the Agreement Compensation Forms with the AHs;

d. Assist in the resolution of grievances.


12.7. Project Supervision Consultant

The Project Supervision Consultant (PSC) is mobilized in late 2009; the responsibilities of

the PSC are the same as its predecessor. The PSC will also set up a resettlement team.

The PSC will ensure that there is close collaboration and coordination between the

resettlement team and the group responsible for income restoration. The tasks of the

resettlement team under the PSC include the following:

a. Review and assess the capacity of relevant institutions at the central and project

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

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

interventions.

b. Review and assess the consultation and disclosure activities that were carried out

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

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

transparent way.

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

implementation.

d. Assist district authorities in the implementation of the income restoration program;

review its implementation and provide advice, as needed.

e. Assist the CCSC in the implementation of the ethnic minority and gender

strategies as enunciated in the agreed 2010 Updated REMDP.

f. Coordinate with the external monitoring agency (EMA), ensuring that its findings

and recommendations are discussed with VEC and the CCSC for appropriate

action.

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

assistance and resettlement, including the preparation of a Resettlement,

Completion Report. The Report includes a documentation of actual resettlement

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

REMDP. Said report will be based on internal and external monitoring reports, the

post-implementation evaluation report, and ADB Review mission Aide Memoires

and Memorandum of Understanding.

IMPLEMENTATION AND MONITORING SCHEDULE 39

M. IMPLEMENTATION AND MONITORING SCHEDULE

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

implementation of the Addendum REMDP. All resettlement activities will be in accordance

with the civil works schedule.

Table 20: Implementation schedule of the Addendum REMDP for Phu Tho Town

Activities Schedule

Preparation of the Addendum REMDP October 2017

Disclosure of and consultation about the

draft version of the Addendum REMDP

October 2017

Submitting the Addendum REMDP to ADB

and finalizing the Addendum REMDP

according to ADB comment

December 2017

Issuance of decision on land recovery by

TPC

December 2017

Payment of outstanding compensation and

assistance to affected households

December 2017

Internal monitoring On-going

External monitoring On-going

The implementation of the Addendum REMDP will be monitored regularly to help ensure

that it is implemented as planned and that mitigation measures designed to address the

Project’s adverse social impacts are adequate and effective.

APPENDICES 40

APPENDICES

Appendix 1: List of consulted persons

No. Full name Position held Workplace

Phu Tho Transport Work Construction and Investment Project Management Unit

1 Duong Hoang Phuc Director Phu Tho TWCIPMU

2 Nguyen Quoc Viet Head of Project

Department 3 Phu Tho TWCIPMU

3 Nguyen Van Thanh Officer of Project

Department 3 Phu Tho TWCIPMU

Representatives of Ha Loc and Ha Thach CPCs

4 Tran Minh Loi CPC Vice

Chairman Ha Loc Commune – Phu Tho Town

5 Bui Duc Hung Cadastral officer Ha Loc Commune – Phu Tho Town

6 Nguyen Thi Phuong Chairwoman of

Women's Union

Ha Loc Commune – Phu Tho Town

7 Tran Van Bang Head of Village 7 Ha Loc Commune – Phu Tho Town

8 Le Xuan Ky Head of Village 9 Ha Loc Commune – Phu Tho Town

9 Ha Thi Hong Dung CPC Vice

Chairwoman

Ha Thach Commune – Phu Tho

Town

10 Tran Xuan Trung

Cadastral officer Ha Thach Commune – Phu Tho

Town

11

Tran Binh Giang Chairman of

Farmers’

Association

Ha Thach Commune – Phu Tho

Town

12 Nguyen Van Hai

Head of Village 3 Ha Thach Commune – Phu Tho

Town

13 Chung Tien Long


Town

14 Nguyen Quang Trung


Town

15 Le Quang Dung


Town

16 Nguyen Van Lai


Town

Representatives of AHs

17 Nguyen Van Dinh Affected household Ha Loc Commune – Phu Tho Town

18 Ma Thi Hue Affected household Ha Loc Commune – Phu Tho Town

APPENDICES 41


19 Tran Thi Loan Affected household Ha Loc Commune – Phu Tho Town

20 Ma Van Han Affected household Ha Loc Commune – Phu Tho Town

21 Pham Van Hoa Affected household Ha Loc Commune – Phu Tho Town

22 Ma Thi Tien Affected household Ha Loc Commune – Phu Tho Town

23 Lai Vu Hoi Affected household Ha Loc Commune – Phu Tho Town

24 Nguyen Van Tap Affected household Ha Loc Commune – Phu Tho Town

25 Tran Van Luat Affected household Ha Loc Commune – Phu Tho Town

26 Pham Van Duc Affected household Ha Loc Commune – Phu Tho Town

27 Tran Van Lien Affected household Ha Loc Commune – Phu Tho Town

28 Tran Van Bang Affected household Ha Loc Commune – Phu Tho Town

29 Tran Van Ca Affected household Ha Loc Commune – Phu Tho Town

30 Tran Van Thong

(Loan)

Affected household Ha Loc Commune – Phu Tho Town

31 Tran Van Thuong Affected household Ha Loc Commune – Phu Tho Town

32 Mai Nhat Dau Affected household Ha Loc Commune – Phu Tho Town

33 Ma Van Do Affected household Ha Loc Commune – Phu Tho Town

34 Tran Van Hung Affected household Ha Loc Commune – Phu Tho Town

35 Nguyen Thi Nghi Affected household Ha Loc Commune – Phu Tho Town

36 Tran Van Chi Affected household Ha Loc Commune – Phu Tho Town

37 Ma Van Duc (Thanh) Affected household Ha Loc Commune – Phu Tho Town

38 Nguyen Van Luong Affected household Ha Thach Commune – Phu Tho

Town

39 Le Van Nhiem Affected household Ha Thach Commune – Phu Tho

Town

40 Le Van Chung Affected household Ha Thach Commune – Phu Tho

Town

41 Le Van Hung Affected household Ha Thach Commune – Phu Tho

Town

42 Tran Van Xuan Affected household Ha Thach Commune – Phu Tho

Town

43 Tran Huu Binh (Lan) Affected household Ha Thach Commune – Phu Tho

Town

44 Nguyen Thi Hoi Affected household Ha Thach Commune – Phu Tho

Town

APPENDICES 42


45 Le Xuan Khuong Affected household Ha Thach Commune – Phu Tho

Town

46 Le Kim Nhi Affected household Ha Thach Commune – Phu Tho

Town

47 Nguyen Van Thu Affected household Ha Thach Commune – Phu Tho

Town

48 Vu Dinh Thinh Affected household Ha Thach Commune – Phu Tho

Town

APPENDICES 43

List of interviewee in the replacement cost study

No Full name Position Workplace/ Address

1 Hoang Anh Vu Head Division of Finance and

Planning of Phu Tho Town

2 Phan Ngoc Thanh Vice head

Division of Natural Resources

and Environment of Phu Tho

Town

3 Tran Minh Loi

CPC Vice Chairman Ha Loc Commune – Phu Tho

Town

4 Bui Duc Hung Cadastral officer Ha Loc Commune – Phu Tho

Town

5 Ha Thi Hong Dung CPC Vice

Chairwoman

Ha Thach Commune – Phu

Tho Town

6 Tran Xuan Trung Cadastral officer Ha Thach Commune – Phu

Tho Town

7 Tran Van Thuong

Affected household Ha Loc Commune – Phu Tho

Town

8 Mai Nhat Dau


Town

9 Ma Van Do Affected household Ha Loc Commune – Phu Tho

Town

10 Tran Van Hung Affected household Ha Loc Commune – Phu Tho

Town

11 Nguyen Thi Nghi


Town

12 Nguyen Thu Hoa Non-affected

household

Ha Loc Commune – Phu Tho

Town

13 Nguyen Minh Thuy Non-affected

household


Town

14 Tran Hanh Phuc Non-affected

household


Town

15 Mai Anh Hoang Non-affected

household


Town

APPENDICES 44

Appendix 2: Lists of households affected by the additional land acquisition in Phu

Tho Town

[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).]

APPENDICES 45

APPENDICES 46

Appendix 3: Project Information Booklet

PROJECT INTRODUCTION

Kunming-Hai Phong transport corridor and is a part of the Cooperation Program between

six (06) GMS countries namely, Vietnam, Lao People's Democratic Republic, Cambodia,

Thailand, Myanmar and People's Republic of China (PRC). The Project was approved by

Asian Development Bank (ADB) on 14 December 2007. The Vietnam Expressway

Corporation (VEC) of the Ministry of Transport (MOT) is the project executing agency.

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

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

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

Bat Xat District, Lao Cai Province.

The project construction is divided into 2 phases:

• Phase 1:

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

121km.

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

123km.

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

constructed in phase 1:

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

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

Construction of the last 20km of the Project highway, connecting Noi Bai – Lao Cai Highway and Kunming – Hekou Highway

The Project started in the third quarter of 2008. The whole route with the length of 244 km

from Hanoi to Lao Cai has been opened to traffic on September 21st 2014.

The highway crossing Phu Tho Town is approximately 5,957 m long, from Km62+325 to

Km68+282.

SCOPE OF ADDITIONAL LAND ACQUISITION

The Project additional land acquisition acquires 5,413.8 m2 of land of 32 households (21

households in Ha Loc Commune and 11 households in Ha Thach Commune). The land

areas were all affected by landslides or inundation and could not be improved. All the AHs

have LURC so they are entitled to compensation and assistance according to the Project

regulations.

APPENDICES 47

COMPENSATION AND ASSISTANCE ENTITLEMENTS OF HOUSEHOLDS AFFECTED BY LAND ACQUISITION

Type of




Implementation

issues

1. Loss of productive land

1.1 Marginal loss

of productive

land

(agricultural

land,

aquaculture

land, forest

land) (03

AHs)

Owners

with LURC

or in the

process of

acquiring

LURC; and

those

covered by

customary

rights, such

as

members of

ethnic

minority

groups



replacement cost (free from taxes

and transaction costs).

• No mention of temporary use of

land; but it is common practice in

Vietnam that contractors cannot use

any private property without a

negotiated arrangement with the

owners of the same.






undertaken in their communities.



replacement cost.

• No mention of temporary use of land;

but it is common practice in Vietnam

that contractors cannot use any

private property without a negotiated

arrangement with the owners of the

same



actually be acquired by the Project

• If the remaining

area of the land plot

is no-longer

economically viable

(less than 30 m2 or

the land cannot be

used because of

destroyed irrigation,

the entire plot shall

be acquired.

1.2 Severe loss of

productive

land (29 AHs)

Owners

with LURC

or in the

process of

acquiring

LURC; and

those

covered by


cost (free from transaction costs) for

the entire land,

• Assistance for severely AHs, see

Item 3.1


restoration program


cost

• Assistance for severely AHs, see Item

3.1


stabilization


• The households

severely affected

by this additional

land acquisition

were already

severely affected

by the project

previous land

APPENDICES 48

Type of




Implementation

issues

customary

rights, such

as

members of

ethnic

minority

groups






undertaken in their communities

restoration program



actually be acquired by the Project.

acquisition. Thus,

they are not eligible

to take part in the

income restoration

program designed

for this additional

land acquisition.

2. Loss of crops and trees

2.1 Paddy (32

AHs)

Owners of

affected

paddy



yield of the crop within 3 recent

years, multiplied by the market price

at the time of compensation;



yield of the crop within 3 recent years,

multiplied by the market price at the

time of compensation;

• The implemented

replacement cost

study indicates that

compensation unit

rate issued by the

PPC is reasonable

and accepted by all

AHs.

3. Assistances

3.1 Impacts on

livelihoods

and income

Assistance

for job

transition

and job

creation (32

AHs)


Phu Tho PPC

For AHs losing from more than 30% of

productive land:

If land loss is 30%-50%, cash

assistance for job transition is VND

300,000/person/month x 5 months.


• Job transition and creation will be

provided to all AHs (regardless of

percentage of land loss) who are

directly engaged in farming. The level

of assistance will be calculated as

follows:

APPENDICES 49

Type of




Implementation

issues


AHs losing from 10% - 30% who are

poor and/or those whose remaining

land will be insufficient to support the

household: Cash allowance for change

of job in the amount of VND

300,000/person/month x 5 months

- For paddy land: cash assistance

equal to 2 times the price of the

same type of paddy land

- For remaining agricultural lands:

cash assistance equal to 1.5

times the price of the same type

of land.

Assistance

for life and

production

stabilization


Phu Tho PPC

AHs losing 30% or over of productive

land will be provided with cash

assistance equivalent of 30 kg of rice

per person within 3 months if not

required to relocate; within 6 months if












stabilization: 360,000 VND

/person/month (equivalent to 30kg of

rice).

- For households losing 30%-70%

of agricultural land: assistance

within 6 months

- For households losing more than

70% of agricultural land:

assistance within 12 months








• According to the

project regulations,

assistance for life

and production

stabilization is only

available to the

households whose

level of agricultural

land loss increases

due to additional

land acquisition..

As per the DMS

results, the level of

land loss of the

households has not

been changed so

this assistance is

not applicable.

APPENDICES 50

Type of




Implementation

issues


3.2 Bonus for

handing over

land on time

(32 AHs)

Households

having land

affected


• Bonus for handing over land on time:

- Agricultural land: VND 2,000/m2

APPENDICES 51

GRIEVANCE REDRESS MECHANISM

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

negotiation aimed at achieving consensus. Complaints will pass through 3 stages

before they can be elevated to a court of law, as a last resort. The VEC will

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

grievances and complaints.

First Stage: Commune People’s Committee

An aggrieved AH may bring its complaint before any member of the CPC, either

through the Village Chief or directly to the CPC, in writing or orally. It is incumbent

upon said member of CPC or the village chief to notify the CPC about the complaint.

The CPC will meet personally with the aggrieved AH and will have 15 days following the

lodging of the complaint to resolve it. The CPC secretariat is responsible for documenting

and keeping files of all complaints that it handles.

Second Stage: District People’s Committee

If after 15 days the aggrieved AH does not hear from the CPC, or if the AH is not satisfied

with the decision taken on its complaint, the AH may bring the case, either in writing or orally,

to any member of the DPC or the DCCSC. The DPC in turn will have 15 days following the

lodging of the complaint to resolve the case. The DCCSC is responsible for

documenting and keeping files of all complaints that it handles.

Third Stage: Provinvial People’s Committee

If after 15 days the aggrieved AH does not hear from the DCCSC, or if the AH is not satisfied

with the decision taken on its complaint, the AH may bring the case, either in writing or orally,

to any member of the PPC or the PCCSC. The PPC has 15 days within which to resolve

the complaint to the satisfaction of all concerned. The PCCSC is responsible for

documenting and keeping files of all complaints that reaches the same.

Final Stage: the Court of Arbitration

If after 15 days following the lodging of the complaint with the PPC the aggrieved AH does

not hear from the PCCSC, or if the AH is not satisfied with the decision taken on its

complaint, the case may be brought to a court of law for adjudication. Under no

circumstance will the AH be evicted from its property nor will the Government take over its

property without the explicit permission of the court.

IMPLEMENTATION SCHEDULE

Activities Schedule

Preparation of the Addendum REMDP October 2017

Disclosure of and consultation about the

draft version of the Addendum REMDP

October 2017

Submitting the Addendum REMDP to ADB

and finalizing the Addendum REMDP

according to ADB comment

December 2017

Issuance of decision on land recovery by

TPC

December 2017

APPENDICES 52

Activities Schedule

Payment of outstanding compensation and

assistance to affected households

December 2017

Internal monitoring On-going

External monitoring On-going

CONTACT INFORMATION:

Comments and questions about the project please contact:

• Mr. Dao Quang Tuan – Director of the Northern Expressway Management Project

Unit for VEC; Phone number – 0211.6265167

• Mr. Duong Hoang Phuc – Director of the Phu Tho TWCIPMU; Phone number:

02103816806.

APPENDICES 53

Appendix 4: Minutes of public consultative meetings

Ha Loc Commune

MINUTES OF PUBLIC CONSULTATION ON LAND ACQUISITION, COMPENSATION,

ASSISTANCE AND RESETTLEMENT

NOI BAI – LAO CAI HIGHWAY PROJECT

Ha Loc Commune, Phu Tho Town, Phu Tho Province

17 October 2017

I. PARTICIPANTS:

1. Le Anh Quan – Representative of NEPMU

Representatives of local authorities and mass organizations in Ha Loc Commune

1. Tran Minh Loi – CPC vice chairman

2. Bui Duc Hung – Cadastral officer

Local people in the project area in Ha Loc Commune

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

II. CONSULTING CONTENTS:

1. NEPMU provides participants with relevant information including:

- Description of proposed scope of the Project

- Project potential impacts on land and non-land assets

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

- Project policies on compensation, assistance and resettlement according to Projec t

information booklet

- Grievance redress mechanism

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

the following documents:

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

b. Project information booklet (PIB)

3. Participants raise their opinions

III. CONSULTING RESULTS

1. Regarding scope of project impacts

The Project additionally affects 21 households in villages 7, 9 and 11. The entire area

of additionally affected land is inundated and cannot be improved.

All additionally affected households were previously affected by the project land

acquisition.

The whole area of additionally affected land is paddy land.

APPENDICES 54

2. Regarding project policies on compensation and assistance

All affected households are eligible for receiving compensation and assistance for

project additional impacts.

Recently, there has been no agricultural land transaction in the commune.

Compensation unit price is suitable to local situation.

3. Regarding income restoration and livelihood development activities

Of additionally affected households, six (06) households were severely affected by the

previous land acquisition and participated in the Income Restoration Program of the

Project.

4. Project implementation and Grievance redress mechanism

Resolution of grievances related to any aspect of the Project will be compliant with the

grievance redress mechanism designed for the Project.

5. Other issues

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

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

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

minutes and signed herein below.

Representative of CPC

(signed and sealed)

VICE CHAIRMAN

Tran Minh Loi

Representative of mass organizations

Chairwoman of Women’s Union

Nguyen Thi Phuong

Representative of village heads

APPENDICES 55

APPENDICES 56

Ha Thach Commune

MINUTES OF PUBLIC CONSULTATION ON

LAND ACQUISITION, COMPENSATION, ASSISTANCE AND RESETTLEMENT

NOI BAI – LAO CAI HIGHWAY PROJECT

Ha Thach Commune, Phu Tho Town, Phu Tho Province

18 October 2017

I. PARTICIPANTS:

1. Le Anh Quan – Representative of NEPMU

Representatives of local authorities and mass organizations in Ha Thach Commune

1. Ha Thi Hong Dung – CPC vice chairwoman

2. Tran Binh Giang – Chairman of Farmers’ Association

Local people in the project area in Ha Thach Commune

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

II. CONSULTING CONTENTS:

1. NEPMU provides participants with relevant information including:

- Description of proposed scope of the Project

- Project potential impacts on land and non-land assets

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

- Project policies on compensation, assistance and resettlement according to Project

information booklet

- Grievance redress mechanism

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

the following documents:

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

d. Project information booklet (PIB)

3. Participants raise their opinions

III. CONSULTING RESULTS

1. Regarding scope of project impacts

The Project additional land acquisition affects 4, 274.4 m2 of land of 11 households in

Ha Thach Commune. This land area has been inundated so it has been no longer

cultivable.

The 11 AHs have no house or other structures affected.

2. Regarding project policies on compensation and assistance

APPENDICES 57

Land and non-land assets (paddy and other annual crops) are compensated at

disclosed compensation unit prices.

In addition to compensation for land, AHs are also entitled to assistance for job

transition and job seeking.

3. Regarding income restoration and livelihood development activities

4. Project implementation and Grievance redress mechanism

Participants agreed on the grievance redress mechanism that has been disclosed.

Grievances related to land acquisition, compensation and assistance of the Project (if

any) should be resolved in a timely and satisfactory manner.

5. Other issues

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

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

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

minutes and signed herein below.

Representative of CPC

(signed and sealed)

VICE CHAIRWOMAN

Ha Thi Hong Dung

Representative of mass organizations

Chairman of Farmers’ Association

Tran Binh Giang

Representative of village heads

APPENDICES 58

APPENDICES 59

Appendix 5: Photos of consultations

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