VIE: Yen Vien-Lao Cai Railway Upgrading Project · SAP Seriously affected people TOR Terms of...

Social Monitoring Report Semi-Annual Report July – December 2015

VIE: Yen Vien-Lao Cai Railway Upgrading Project Resettlement Monitoring Report Prepared by CDM Smith – DBI Joint Venture for the Ministry of Transport, Railway Project Management Unit and for the Asian Development Bank.

NOTE

In this report, "$" refers to US dollars. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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YEN VIEN – LAO CAO RAILWAY UPGRADING PROJECT ADB LOAN No.2302-VIE and AFD LOAN No. CVN 6006 01

CONTRACT No. 17HDYVLC-CS2

MINISTRY OF TRANSPORT CONSTRUCTION SUPERVISION: CDM SMITH - DBI JOINT VENTURE

SUPERVISION CONSULTANT SERVICES

YEN VIEN - LAO CAI UPGRADING PROJECT

FINAL SEMI-ANNUAL RESETTLEMENT MONITORING REPORT DECEMBER 2015 (Incorporating the reporting period July – December 2015)

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Document Title: Final Semi-Annual Resettlement Monitoring Report, December 2015

Version: Original Revision 1 Revision 2 Feb 2016 April 2016 June 2016

Document prepared by: CS2 Consultant: CDM Smith-DBI JV Authors: Ms. Cong Anh Tuyet, Resettlement Specialist CS2 Submitted by: Mr. Bruce W. Maney. CS2 Team Leader and The Engineers Representative

Signed: Date: June 2016 Distribution: PMU-Rail Reviewed by: Mr. Nguyen Cao Minh Deputy General Director and Project Manager PMU-Rail Signature: ……………. Date: …………….

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List of abbreviations

ADB Asian Development Bank BTHT&TĐC Compensation, assistance and resettlement BAH Affected (people/households) DCARB District’s Compensation and Resettlement Board UBND People’s Committee EMA Executive Monitoring Agency DMS Detailed Measurement Survey IOL Inventory of Losses EM Ethnic minorities PMU-RAIL Railway Projects Management Unit RP Resettlement Plan TTPTQĐ Centre for Land Fund Development DA NCTĐS Railway Upgrading Project TĐC Resettlement CRIB Compensation & Resettlement Information Booklet SAP Seriously affected people TOR Terms of Reference SES Socio-economic survey FHH Female-headed households USD US Dollar VND Vietnamese Dong PSC Project Supervision Consultant

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Contents

I. PURPOSE OF THIS REPORT ................................................................................... 1

II. INTRODUCTION ........................................................................................................ 1

III. AFFECTED HOUSEHOLDS AND RESETTLEMENT ................................................ 2

IV. PUBLIC CONSULTATION AND INFORMATION DISSEMINATION ........................ 9

V. PAYMENT, COMPENSATION AND ASSISTANCE FOR THE AFFECTED HOUSEHOLDS ................................................................................................................ 11

VI. RELOCATION AND RESETTLEMENT ................................................................... 18

VII. INCOME AND LIVELIHOOD RESTORATION ......................................................... 21

VIII. PROGRESS OF LAND ACQUISITION AND HAND-OVER .................................... 22

IX. GRIEVANCE REDRESSAL ..................................................................................... 23

X. GENDER ISSUES AND ETHNIC MINORITIES ....................................................... 23

XI. CONCLUSION AND RECOMMENDATIONS .......................................................... 25

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I. PURPOSE OF THIS REPORT

1. This report is the Final Semi-Annual Resettlement Monitoring Report at December 2015. It contains a summation of data presented in previous reports and an update of the status at the end of reporting period (July – Dec 2015) and completion of construction at end of December 2015.

II. INTRODUCTION 2. With loan assistance from the Asian Development Bank (ADB), the Government of Viet Nam is currently implementing the Kunming-Haiphong Transport Corridor Project (TA 4050- VIE) to upgrade and rehabilitate transport infrastructure from the Haiphong Port of Viet Nam to Kunming City in Yunnan Province, the People’s Republic of China (PRC). The project sub-component for upgrading the Yen Vien–Lao Cai Railway Line will upgrade a section of railway line that traverses 285 kilometers (km) in a northwestern direction from Yen Vien station near Hanoi to Lao Cai station on the border with China. This section of railway line passes through four provinces of Lao Cai, Yen Bai, Phu Tho and Vinh Phuc and the city of Hanoi. Line improvements will mainly consist of :

(i) Selective improvement of the horizontal and vertical alignment and track layout;

(ii) Stabilization of embankments and sliding slopes;

(iii) Improvements of track-work including turnouts;

(iv) Upgrading of bridges;

(v) Improvements of safety of selected at-grade level crossings;

(vi) Upgrading of stations and passing loops for train loads up to 1,200 tons and train length of up to 400 meters (m); and

(vii) Modernization of auxiliary facilities and provision of maintenance equipment and facilities, as well as rolling stock.

3. Positive social and economic benefits were expected from the project. However, there may be certain negative impacts beside the positive ones. Specifically, construction activities will result in resettlement and acquisition of land, crops and trees owned by households and organizations in affected areas. To deal with it, resettlement policies have been enacted by the Goverment of Vietnam as well as ADB (ADB, 1995) targeted at minimizing impacts on afftected people, households, organizations and others. In the case of resettlement, compensation has been provided and the living standard of affected people is better, or at least the same as before the Project commenced.

4. The Project’s Resettlement Plan prepared in 2006 was in line with ADB’s Safeguards Policy as well as legal documents issued by the Government of Vietnam. The Updated Resettlement Plan was also approved by ADB in November 2013. Land acquisition and compensation/assistance activities started before 2010 and have been substantially completed until now.

5. This final semi-annual report as at December 2015 and incorporating the reporting period from July to December 2015 highlights resettlement, compensation and assistance activities in the reporting period and the summation of the final situation.

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6. Major contents covering the following :

- Scope of affected area (which requires resettlement), - Information dissemination, - Payment of compensation, assistance, - Implementation of resettlement activities, - Livelihood restoration and relevant assistance, - Progress of land acquisition and hand-over of sites, - Grievance redress, - Conclusions and recommendations.

III. AFFECTED HOUSEHOLDS AND RESETTLEMENT

Package Province Land

occupied (m2)

Affected households

Total In which

Relocated Business affected CP1 8,190 62 1 0

Vinh Phuc 3,524 20 0 0 Phu Tho 4,665.9 42 1 0

CP2 Yen Bai 207,268 472 40 0 Yen Bai City 45,869 67 15 0 Tran Yen Dist. 70,211 213 12 0 Van Yen Dist. 91,189 192 13 0

CP3 Lao Cai 362,347 685 539 0 Lao Cai City 342,966 626 520 0 Bao Thang Dist. 13,243 37 29 0 Bao Yen Dist. 6,138 22 10 0

Total 577,797 1,219 580 0

Source: Updated RP for CP1, CP2, CP3 Packages – November, 2013

7. According to the updated Resettlement Plan (RP), total affected land area is 57.78 ha with 1,206 households including 544 relocated ones. However, the actual number final number of affected households is 1,219 which is equivalent to an increase of 19 households. The number of affected households in Vinh Phuc and Phu Tho provinces (CP1 package), Yen Bai province (CP2 package) and Lao Cai prvince (CP3 package) stands at 62, 472 and 685 respectively. However, this did not result in any additional impacts on business activities, pagodas, temples, churches or any other religious works. CP1 Package

8. CP1 Package is located in Vinh Phuc and Phu Tho provinces. There is a total of 0.82 ha of land and 62 households will be affected including 1 relocated household.

x Vinh Phuc province

9. A total of 0.35 ha will be acquired for the project’s civil works. Based on the results of

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the DMS and census, land acquisition for CP1 in Vinh Phuc province will cause impacts to 20 households. None of households will lose more than 10% of productive land. Impacts of housing structures will affect 1 household of whom none will be fully affected and require relocation.

x Phu Tho province

10. A total land area of 4,665.9 m2 will be acquired including temporary acquisition of 2,427.2 m2 of agiculture land around Vinh Chan bridge; this area will be returned to its owner after the primary conditions are restored.

11. The approved RP shows a total of 29 affected households including 19 at Viet Tri station located in Bet Got ward, Viet Tri city and 10 others in Vinh Chan commune, Ha Hoa district. However, total number of 42 affected households includes 32 households around Viet Tri station and 10 others in Vinh Chan commune.

Summary of affected households and actual land acquisition

Source: Compensation and Resettlement Boards of Viet Tri city and Ha Hoa district,

December 2014

12. The above table shows that among 42 affected households/organizations, there are 12 with affected residential area (203.5m2); 1 with affected garden (20.6m2); 11 with affected agriculture land (2,447.2m2) including 2,427.2m2 of temporary acquisition for construction purpose; 22 with affected architecture and 35 with affected trees/crops. Only 1 household must be relocated at Ben Got ward, Viet Tri city.

13. At the end of reporting period and completion of construction (Dec 2015) this number was unchanged.

CP2 Package

14. CP2 Package is located in Yen Bai province. A total land area of 20.73 ha will be acquired in Yen Bai city, Van Yen and Tran Yen districts. At the beginning of the reporting period there were 472 households and 7 organizations to be affected in which 144 households losing more than 10% of productive land. The number of relocated households stands at 40 including 37 who asked for land at the resettlement area and 3 others received compensation and managed the new accommodation on their own.

House-holds

Area (m2) Households Area

(m2)Household

/orgArea (m2)

Viet Tri city 12 203.5 1 20.6 1 20 21 25 1

Ha Hoa Dist. 0 0 0 0 10 2,427.2 1 10 0

Total 12 203.5 1 20.6 11 2,447.2 22 35 1

Relocated householdsLocation

Housing Garden Agri. land Architecture affected

Trees/crops affected

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13. Affected area and level of impacts are presented below:

Source: Yen Bai Centre for Land Fund Development, December 2014

TotalHousing

landCrops Seasonal Permanent Forest

Yen Bai City 67 45,868.8 2,360 884 8,396 11,123.6 23,106 Upgrading Van Phu Station 27 28,193.5 2,359.7 4,927.8 20,906.0 Resettlement at Van Tien Commune 10 7,079.3 883.5 6,195.8 Bridge works 30 10,596.0 8,396.0 2,200.0 Tran Yen District 213 68,942.7 2,909.8 24,086.3 5,060.9 23,585.8 13,299.9 Upgrading Co Phuc Station 7 1,411.1 761.2 649.9 Resettlement at Dao Thinh Commune 31 10,451.8 9,845.1 606.7 Re-alignment Section 100 44,689.8 2,909.8 13,480.0 5,060.9 12,639.2 10,599.9 Bridge works & slopes 75 12,390.0 9,690.0 2,700.0 Van Yen District 192 92,456.9 2,322.7 5,034.8 19,725.2 47,022.3 18,351.9 Upgrading Mau Dong Station 14 7,791.8 465.7 537.2 3,524.8 1,652.3 1,611.8 Upgrading Lam Giang Station 8 2,038.8 129.7 447.3 117.5 1,312.8 31.5 Resettlement at Lang Thip 12 4,298.9 118.7 4,050.3 129.9 Lang Thip Station 21 5,638.4 1,608.6 1,439.2 2,590.6 Bridge works & slopes 137 72,689.0 15,953.0 42,618.0 14,118.0

472 207,268.4 7,592.2 30,004.6 33,182.1 81,731.7 54,757.8

Affected households

Acquired land area (M2)Descprition

TotalHousing

landCrops Seasonal Permanent Forest

Yen Bai City 67 45,868.8 2,360 884 8,396 11,123.6 23,106 Upgrading Van Phu Station 27 28,193.5 2,359.7 4,927.8 20,906.0 Resettlement at Van Tien Commune 10 7,079.3 883.5 6,195.8 Bridge works 30 10,596.0 8,396.0 2,200.0 Tran Yen District 213 68,942.7 2,909.8 24,086.3 5,060.9 23,585.8 13,299.9 Upgrading Co Phuc Station 7 1,411.1 761.2 649.9 Resettlement at Dao Thinh Commune 31 10,451.8 9,845.1 606.7 Re-alignment Section 100 44,689.8 2,909.8 13,480.0 5,060.9 12,639.2 10,599.9 Bridge works & slopes 75 12,390.0 9,690.0 2,700.0 Van Yen District 192 92,456.9 2,322.7 5,034.8 19,725.2 47,022.3 18,351.9 Upgrading Mau Dong Station 14 7,791.8 465.7 537.2 3,524.8 1,652.3 1,611.8 Upgrading Lam Giang Station 8 2,038.8 129.7 447.3 117.5 1,312.8 31.5 Resettlement at Lang Thip 12 4,298.9 118.7 4,050.3 129.9 Lang Thip Station 21 5,638.4 1,608.6 1,439.2 2,590.6 Bridge works & slopes 137 72,689.0 15,953.0 42,618.0 14,118.0

472 207,268.4 7,592.2 30,004.6 33,182.1 81,731.7 54,757.8

Affected households

Acquired land area (M2)Descprition

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16. At the end of reporting period and completion of construction (Dec 2015):

- There is a total of 472 households and 7 organizations being affected including 40 relocated households and 144 households losing more than 10% of productive land.

- Total affected land area: 207,268.4m2;

In which:

+ Residential land: 7,562.2m2;

+ Rice Crop planting land: 30,004.6m2;

+ Trees planting land: 33,238.3m2;

+ Long-term trees planting land: 81,731.7m2;

+ Forest land: 54,757.8 m2.

CP3 Package

17. CP3 Package is located within Lao Cai province. A total acquired land area of 36.23ha will be in Lao Cai city, Bao Thang and Bao Yen districts for construction and for 5 resettlement areas which includes 25.86ha of private land and 10.36ha of public land. The acquired public land is in Lao Cai city only including the land where owned by VNR, land for transport, irrigation works and unused land. Most of the acquired land is in Lao Cai city for construction of 4 resettlement areas.

18. Summary of land acquisition for construction of Railway Project is presented below:

Description Total Bao Thang District Bao Yen District Lao Cai City

I. For Civil Works (m2)

- Private land 86,114 13,243 2,443 70,428

- State managed land 103,648 103,648

II. For Resettlement Areas 172,585 3,695 168,890

TOTAL 362,347 13,243 6,138 342,966

Source: Updated RP for CP3

19. Losses of Residential and Agricultural Land is 258,686m2 in which residential areas is 48,705m2 and productive land is 209,993m2, mostly in Lao Cai city area.

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Area of acquired land:

Type of land Total Bao Thang District Bao Yen District Lao Cai City

Residential Land (m2) 48,705 1,274 1,210 46,221 Percentage (%) 19% 10% 20% 19% Productive land (m2) 209,993 11,969 4,927 193,097 Percentage (%) 81% 90% 80% 81%

TOTAL 258,698 Source: Updated RP for CP3

20. Total acquired land for construction of railway works is 126,861m2 including 86,114m2 of private land (residential and productive land) and 40,748m2 of public land (construction land transferred to railway and land for transport, irrigation works, etc).

Land acquisition for Civil Works:

Land Type Bao Thang Bao Yen Lao Cai City Total

Privately Occupied Land

- Residential land 1,274 1,210 44,819 47,303

- Residential land (urban) - - 43,367 43,367

- Residential land (rural) 1,274 1,210 1,452 3,936

- Agricultural Land 11,969 1,232 25,609 38,810

- Paddy Land - 582 - 582

- Annual cropping land - 390 25,609 25,999

- Perennial land - 261 - 261

- garden, pond land - - - -

- Hill, forest land 11,969 - - 11,969

Sub-Total 13,243 2,443 70,428 86,114

State Managed Land

- Construction land transferred to Railway, of which - - 12,483 12,483

Railway land already acquired - - 9,419 9,419

Land not yet acquired - - 3,064 3,064

- Transportation land - - 20,306 20,306

- Irrigation land, flooded land - - 7,959 7,959

Sub-Total 40,748 40,748

Total Land Required for Civil Works 13,243 2,443 111,176 126,861 Source: Updated RP for CP3

21. Total land acquired for construction of resettlement areas is 172,585m2 in Lao Cai

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province, mostly in Lao Cai city with 168,890m2 including all private land (land in urban area and countryside, agriculture land).

22. There is a total of 685 affected households including 626 in Lao Cai city, 37 in Bao Thang district and 22 in Bao Yen district.

23. There are 539 relocated households including 520 in Lao Cai city, 10 in Bao Thang district and 9 in Bao Yen district; and 80 households losing their productive land which includes 42 in Lao Cai city, 29 in Bao Thang district and 9 in Bao Yen district.

No. City/District Total

affected households

Relocated households

Households losing productive

land

Households with affected

business

1 Lao Cai city 626 520 42 0

2 Bao Thang district 37 10 29 0

3 Bao Yen district 22 9 9 0

Total 685 539 80 0

Source: Updated RP for CP3

24. At the end of reporting period and completion of construction (Dec 2015) the actual number of affected households is 685 which is equivalent to an increase of 55 households (in the 1 ha area, Lao Cai station) compared to the updated RP.

25. The final situation is shown in the following tables :

Type Unit Total Components

CP1 CP2 CP3

1. Impact on Land use m2 577,881 8,189.9 207,343.9 362,347

- temporary effect m2 2,427.2 2,427.2 - -

+ Agricultural land m2 2,427.2 2,427.2 - -

- Permanent effect m2 575,453.6 5,762.7 207,343.9 362,347

+ Agricultural land m2 357,797.9 2,830.3 144,974.6 209,993

+Residential land m2 56,551.5 238 7,608.5 48,705

+ Others m2 161,104.2 2,694.4 54,760.8 103,649

2. Number of impacted households


CP1 CP2 CP3

- Households household 1,219 62 472 685

- Organization: organization 7 7

Of which:

-Households relocated household 580 1 40 539

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CP1 CP2 CP3

-Households lost >10% household 224 144 80

- Vulnerable households household 308 2 72 234

- Number of impacted people people 4,445 163 1,816 2,466 3. Affected Trees, Plants and Crops (Civil Works and Resettlement Sites)

Type Unit Bao Thang Bao Yen Lao Cai City Total

- paddy m2 - 614 24,630 25,244

- vegetables m2 - 840 36,543 37,383

- fruit trees Tree 9,091 275 4,997 14,363

- timber trees Tree 1,364 6 8,532 9,902

- ornamental plants Tree 3,030 25 470 3,525 4. Affected Secondary Structures (Civil Works and Resettlement Sites)

Type Unit Bao Thang Bao Yen Lao Cai City Total

- bathrooms units 6 1 638 -

- kitchens m2 - 117 - 117

- toilets units 5 12 638 655

- Animal cages/enclosures (chicken, pig, buffalo) units 17 2 635 654

- Walls/Fences m2 57 1,059 1,982 3,098

- water tanks m3 - 64 567 631

- wells m 168 73 776 1,017

- well apron instances 7 5 97 109

- cement yard m2 472 165 1,762 2,399

- doors/gates (m2) m2 - - 1,298 1,298

- doors/gates (pce) pce - - 1,342 1,342

- water supply pipe md - 296 - 296

- relocated items (aircons, watertanks, sewage systems)

units 6 - 321 327

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IV. PUBLIC CONSULTATION AND INFORMATION DISSEMINATION

26. Public consultation and information dissemination have been being carried out from the preparation stage to the project implementation.

CP1 Package

27. Information dissemination : During the preparation of draft RP in 2006, information dissemination had been being carried out by compensation, assistance and resettlement boards of Viet Tri city and Ha Hoa district, Phu Tho province. Orientation meetings have also been held with relevant parties and affected households since 2006. In addition, CRIBs have been given to affected households. In order to update the RP in 2010 and 2011, various meetings and public consultation were held with local authorities at city, district and communal levels as well as affected people to disseminate updated project information and the Government’s policies on land acquisition, compensation and resettlement. Coordination with the authorities in announcing the plan was done in September, 2011. This was followed by various meetings with affected people to announce the overall land acquisition plan. Subsequently, compensation and resettlement boards in Phu Tho province proposed representatives of affected people and invite heads of groups to the meeting on announcement of overall approval. In general, compensation and resellement boards in Phu Tho province have disseminated information following the Project’s policy framework.

28. Public consultation : This activity aims at getting comments from authorities and representatives of the affected/relocated househods. A Resettlement Plan (RP) has been prepared by the Consultant and a conference has also been held in Viet Tri city with participation of Departments of Transport, Natural Resources and Environment, Construction, Finance as well as districts/communes’ compensation and resettlement boards. Various tools and approaches of public consultation were applied during the preparation of RP in 2006 and updated RP in March – April, 2010. The public consultation was carried out with participation of officials from affected districts, communes and relevant organizations at provincial and district levels in Phu Tho province which targeted at the Project’s compensation and resettlement policy, affected people’s choices in terms of resettlement; compensation (cash or equipvalent assets); income restoration programs; consultation and participation mechanism during various stages; grievance and redress mechanism; gender issues and vulnerable groups, etc. Interests and recommendations from relevant parties, especially affected people have been included in the RP. The public consultation has been properly carried out by the compensation and resettlement board of Phu Tho province.

CP2 Package

29. PMU-Rail has coordinated with local authorities (at provincial, district, communal levels) in information dissemination and public consultation towards all affected households in Yen Bai province with 17 wards/communes including 4 in Yen Bai city, 4 in Tran Yen district and 9 in Van Yen district. Basic project information such as its name, Employer, Donors, management unit, implementing agency (compensation, assistance and resettlement), disputes addressing agency, scope of land acquisition, policy framework, etc has been disseminated at the community meetings and broadcasted on mass media (radio, television, speakers). Besides, publications/leaflets have been made available at the communal People’s Committees. Local officers and village leaders are also willing to give the answer to any

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questions concerning the project.

30. The Detailed Measurement Survey (DMS) as well as Project’s conversion price have been disseminated and consulted many times at affected areas.

31. The arrangement for relocation has also been encouraged together with public consultation resulting in an agreement that each affected household can randomly choose their land in the resettlement area. Information including layout of resettlement area, basic facilities such as electricity, water, drainage system, etc have also been made public.

32. As for the households who are not given land in the resettlement area but wish to be relocated there with a certain amount of money as regulated, they are also consulted and allowed to randomly select the land and have the same benefits as relocated households.

CP3 Package

33. Dissemination of information: Started in 2006, the orientation meetings were carried out with the relevant parties and affected households. The project information handbook distributed to the affected households. The meeting between the citizens and the competent authorities to implement and promulgate the planning was carried out on 27th and 28 September, 2009. After that, the meetings with the inhabitants were held to disseminate and announce for the entire land withdrawal. Next, Lao Cai compensation board elected the representative whose land was withdrawn and invite the cooperative secretary and residential group leader to participate into the meeting of comprehensive approval announcement. In general, Lao Cai Province’s compensation board followed the information dissemination under the project framework and policy. The information dissemination was implemented fully and properly.

34. Public consultation: Many tools, consultation sources and various comments were collected during the resettlement plan preparation in 2006 and its revision from March to April 2010. Public consultation and participation were conducted with the leaders of affected communes, districts and Lao Cai province and district level organizations. The consultation and participation of the affected people and stakeholders was about the compensation and resettlement policy of the project, the selection of affected people for resettlement for each resettlement form and compensation (in cash or assets), the income restoration program, parcipatory mechanism and consultation in the different stages of the project, dispute and dispute resolution, gender issue and the vulnerable groups etc., The concerns and requests of the relevant parties, particularly the affected people, have been raised and collected in the resettlement plan. And most recently, the Lao Cai Centre for Land Fund Development has been in association with concerned agencies, People’s Committee of Pho Moi ward, etc to carry out propaganda activities targeted at households in the 1 ha area, Lao Cai station in May and July 2015. The public consultation was fully conducted by Lao Cai Province compensation board during the project deployment; especially the resettlement and the people’s questions were resolved satisfactorily.

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V. PAYMENT, COMPENSATION AND ASSISTANCE FOR THE AFFECTED HOUSEHOLDS

35. The payment, compensation and assistance for the affected households are implemented according to the following documents:

¾ ADB Resettlement Policy – 11/1995;

¾ The laws and regulations of Government of Vietnam;

x 2003 Land Law passed by National Assembly of Socialist Republic of Vietnam on November 26th, 2003 and effective from July 1st, 2003;

x Decree No. 197/2004/ND-CP dated December 3rd, 2004 on compensation, assistance and resettlement when the State acquires the land;

x Circular No. 116/2004/TT-BTC dated December 7th, 2004 of Ministry of Finance guiding the implementation of Decree No. 197/2004/ND-CP dated December 3rd, 2004 on compensation, assistance and resettlement when the State acquires the land;

x Decree No.17/2006/ND-CP dated January 27th, 2006 of the Government on amending and supplementing some articles of decrees guiding the land law execution;

x Decree No. 84/2007/ND-CP of the Government dated May 25th, 2007 about the supplementary regulation on granting the certificate of land use right, land recovery, the implementation of land use right, sequence and procedure for compensation, assistance and resettlement when the State acquires the land and solve the land disputes;

x Decree No. 69/2009/ND-CP dated August 13th, 2009 by the Government about the additional regulation on planning land use, land price, land acquisition, compensation, assistance and resettlement;

¾ The legal document of Phu Tho Province

x Decision No. 1467/QD-UBND dated April 27th, 2011 issued by Phu Tho Province People’s Committee regulating on the compensation, assistance, resettlement, implementation sequence and procedure when the State acquires the land in the province’s area;

x Decision No.24/2012/QD-UBND dated December 20th, 2013 by Phu Tho Province People’s Committee regulating on the price of various land type in 2003 in Phu Tho Province area;

x Pursuant to the letter No. 264/UBND-KH1 dated September 1st, 2009 by Phu Tho Province People’s Province on assignment to be the Employer of land clearance project for Yen Vien-Lao Cai Railway upgrading construction;

x Pursuant to notification No.258/CTK-TB dated June 20th, 2011 of Phu Tho Province Statistics Department about the average yield of 2010 annual crops and aquaculture;

¾ The legal document of Yen Bai province

x Decision No.02/2010/QD-UB dated January 21st, 2010 by Yen Bai Province People’s Committee on land acquisition, assistance, resettlement (amendment and supplement of some articles of Decision No.04/2011/QD-UBND dated January 24th, 2011 by Yen Bai Province People’s Committee);

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x Decision No. 37/2010/QD-UB dated December 24th, 2010 on classification of street, road, location and land unit price type in 2011;

¾ The legal document of Lao Cai Province

x Decision No.45/2009/QD-UBND dated December 25th, 2009 by Lao Cai Province People’s Committee on issuing the regulation of compensation, assistance and resettlement when the State acquires land to use for the purpose of national defense, security, national interest, public interest and the purpose for economic development in Lao Cai Province.

x Letter No.2538/DS-PMU-RAIL dated November 5th, 2010 by Vietnam Railway sending to Lao Cai Province People’s Committee on allowance to apply the policy of compensation, assistance and resettlement under the ADB framework to Yen Vien-Lao Cai Railway Upgrading Project;

x Letter No. 3465/UBND-QLDT dated December 27th, 2010 by Lao Cai Province People’s Committee sending to Vietnam Railways, People’s Committees of Lao Cai City, Bao Thang district, Bao Yen district on applying the compensation, assistance and resettlement policy under the ADB Policy Framework for Yen Vien-Lao Cai Railway Upgrading Project;

x Decision No.49/2010/QD-UBND dated December 29th, 2010 by Lao Cai Province People’s Committee on issuing the regulation of land unit prices, land classification, land area division, re-allocation of road, street and land location in Lao Cai area in 2011;

x Decision No. 22/2011/QD-UBND dated August 18th, 2011 by Lao Cai Province People’s Committee on amending and supplementing some articles regulating on the compensation, assistance and resettlement when the State acquires land to use for the purpose of national defense, security, national interest and public interest;

x Decision No. 55/2011/QD-UBND dated December by Lao Cai Province People’s Committee on issuing the price of land types, land classification, land area division, re-allocation of road, street and land location in Lao Cai area in 2012;

x Letter No. 96/UBND-QLDT dated January 12th, 2012 by Lao Cai Province People’s Committee on the minimum price of land support for the self-managed households in resettlement and land clearance in Yen Vien-Lao Cai Railway Upgrading Project, sending to departments of Planning and Investment, Finance, Construction, Resource-Environment; Bao Thang district People’s Committee;

36. Payment of compensation and assistance: The payment of compensation and assistance has substantially been completed. Affected households who received the compensation have no further claims. The payment for compensation, assistance and resettlement was conducted satisfactorily. The affected people were compensated with the replacement cost and assistance before relocating houses, land and property. Based on the decision of approved amount for compensation, assistance and resettlement of the competent authorities (the provincial and district people’s committee), the compensation, assistance and resettlement board coordinated with the local authority (commune level) conducted to pay directly for the affected household under the supervision of societies (such as the cooperative, Women’s Union, Farmer Union, National Front) and the village leaders of the affected households.

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37. Payment progress for compensation, assistance and resettlement as below:

Package Project area in province/district/Commune

Affected household

Number of households received compensation and

assistance

Number of households not

yet received compensation and

assistance

Payment period

Household Household % Household %

CP1 Vinh Phuc 20 20 100% - 2013 Phu Tho 42 42 100% - 2012-2013

CP2 Yen Bai 472 472 100% - 2010 – 2013, 2015 CP3 Lao Cai 685 681 99.42% 4 0.006 2010 - 2015

Total 1,219 1,215 99.67% 4 0.003

Source: Compensation and Resettlement Boards in the Project area

CP1 Package

38. Compensation, assistance and resettlement commenced since April 2012 and completed in 2013.

Vinh Phuc Province

39. The total amount paid for compensation, assistance and resettlement for the affected households at Huong Canh station, Binh Xuyen district, Vinh Phuc province is VND 437,062,395.

Phu Tho Province

Viet Tri city

40. The detailed payment of 3 periods of Viet Tri City as follows:

Source: Viet Tri City’s Compensation and Land Clearance Board

41. The paid amount for Viet Tri City is VND 1,365,420,170; in which the land compensation is VND 114,872,312; the structure compensation is VND 1,205,560,847, the tree and crop compensation is VND 39,998,262; the fish production compensation is VND 1,005,480, public land assistance is VND 3,003,840; the compensation for pond dredging is VND 980,000.

Land compensation Structure

Trees /crops

Fish Raising

Public land assistance Dredging

Period 1 98,175,000 347,696,390 30,205,495 - - - 476,076,885Period 2 14,222,312 490,368,973 1,783,000 - - - 506,374,285Period 3 2,475,000 367,495,484 8,009,767 0 3,003,840 980,000 381,964,091Total 114,872,312 1,205,560,847 39,998,262 0 3,003,840 980,000 1,364,415,261

Period

Compensation and assistance amount (VND)

Amount

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Ha Hoa district

42. Compensation and assistance for 10 households whose agricultural land was temporarily acquired in the bridge upgrading component for railway at group 10 area in Vinh Chan commune with the total amount is VND 67,210,000. Details as below:

Source: Ha Hoa district compensation and land clearance board

43. The above amount was paid to the affected households since May 2013. All households have received the compensation, assistance cost and without claims with the total amount is VND 67,210,000.

CP2 Package

44. The compensation, assistance and resettlement for CP2, the railway section passing through Yen Bai Province area, completed in 2013 with the total amount of VND 24,781,406,588. 100% of affected households have received the amount of compensation, assistance and resettlement.

45. The compensation, assistance and resettlement officially commenced since July 2009. Centre for Yen Bai Province Land Fund Development was assigned to implement the compensation, assistance and resettlement for households and individuals with the total amount of VND 20,801,820,000.

- Compensation and assistance for land: VND 7,953, 930,800

- Compensation and assistance for structure: VND 6,190,264, 500

- Compensation and assistance for trees and crops: VND 1,379,924,700

- Other assistance: VND 5,277,700,000

46. In April 2013, Yen Bai Province’s People Committee, Tran Yen District’s People Committee, Van Yen District’s People Committee have issued the decisions of supplementing solutions for compensation, assistance and resettlement for the following items:

- Total additional amount: VND 3,979,586,588 in which

+ Compensation for houses, structure: VND 3,077,869,293

+ Compensation for trees and crops: VND 463,331,964

+ Other assistance: VND 438,385, 331

StructureAssistance for

trees and crops Expenditure

for boardExpenditure

for verification

10 32,012,000 33,880,000 1,186,000 132,000 67,210,000

Number of

households

Amount for compensation and assistance (VND)

Total

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CP3 Package

47. The compensation, assistance and resettlement for CP3 in Lao Cai Province commenced in 2010 and basically completed in 2015. There is only 1ha area in Lao Cai station with 4 affected households have not received compensation.

48. In respect of compensation for those vulnerable households impacted by the project in Lao Cai city, by December 2015 the Lao Cai city alone has compensated for 681 households. The remaining 4 households whose compensation level has been approved will be paid when the provincial compensation budget is mobilized.

49. In supporting resettlement for impacted households in area adjacent to Lao Cai station. The total impacted households: 55 households; the number of households receiving compensation and handing over land for the project: 51 households; with the total compensation expenditure of: 6.910.470.925 VNĐ, of which:

- Compensation for land: VND 211.154.400;

- Compensation for buildings: VND 5.128.466.184;

- Compensation for trees and crops: VND 50.552.450;

- Support: VND 1.520.297.891.

50. By December 2015, there are 4 households which have not received compensation money, resettlement support. In detail:

1) The household: Nguyen Thi Hong- Nguyen Quoc Du: They have not received compensation money, and allocated resettlement land. They propose the allocated lot be transferred to their newly- married daughter.

2) The household: Nguyen Thi Huong- Mai Xuan Son: They have not received compensation money, and allocated resettlement land. They propose the allocated lot be transferred to their newly- married daughter.

3) The household: Tran Dinh Hoa- Nguyen Thi Thanh Thuy: They have not received compensation money, and resettlement land. They propose to be allotted land in Pho Moi area

4) The household Hoang Van Thien- Trinh Thi Sen: They have not received compensation money, and resettlement land. They propose to be compensated for the land area of 1hectare adjacent to Lao Cai station and be allotted land for resettlement in Pho Moi area.

(Source: Compensation, supporting and resettlement board of Lao Cai province, 11-2015)

51. The status of payment for CP3 compensation, assistance and resettlement is presented in the below table:

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Project area Affected households

The number of households

received compensation

The number of households

not yet received

compensation

Payment period

Lao Cai city 626 622 4 2010,2011,2012,2013, 2014, 2015

Bao Thang district 37 37 0 2011, 2012, 2014

Bao Yen district 22 22 0 2011,2012, 2014

Total 685 681 4

Source: Compensation and Resettlement Boards in Lao Cai province

Lao Cai city

52. Total affected households in Lao Cai province is 685, in which 607 households received compensation following approval decisions up to 10 June 2014 with total amount of 48,814,367,459 VND. Details are as follows:

- Amount for land acquisition (2%): VND 932,370,105 VND

- Total amount paid for the affected people is VND 47,881,997,324 VND

53. By the end of December 2014, payment had been also made to 23 households in the 1ha area at Lao Cai station with total amount of 1,800,000,000 VND.

54. Payment continues to be made to households in the 1 ha area, Lao Cai staton. Up to present, there have been 51 out of 55 affected households already received compensation as per Decisions No. 3805, No. 4850, No. 257, No. 1041, No. 1411, and No. 1304 with the total amount of 5,501,379,729 VND.

55. In general, 51 households who received compensation are satisfied and make no further claims. However, the other 4 still have not received compensation. The reason as reported by the Lao Cai Centre for Land Fund Development is that those households did not agree with the location of their resettlement plots.

(Source: Lao Cai city’s Compensation, Assistance and Resettlement Board, July 2015)

Bao Thang district

56. The 2 affected communes are Thai Nien and Xuan Giao: Total affected households of 2 communes are 37 households in total, in which there are 9 households in Thai Nien station and 28 households in Xuan Giao. All 37 households received the amount of compensation, assistance and resettlement.

Total paid amount: VND 3,699,578,688 (6 decisions), in which:

- Amount paid for land clearance (2%): VND 73,574,020

- Amount paid for the households: VND 3,626,004,668

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Source: Bao Thanh district’s compensation, assistance and resettlement

Bao Yen district

57. Upgrading Thai Van station in Kim Son commune, Bao Yen district : Total affected households are 22 in Thai Van station (There are 19 households affected by Thai Van station upgradation, 03 households affected because of land use for resettlement construction). All households were compensated and they absolutely supported to the project.

58. Total approved value and expenditure for 19 affected households at Van Thai station under the railway project is 2,289,862,574, in which:

- Land compensation: VND 257,306,200

- Structure compensation: VND 1,684,558,722

- Trees and crops compensation: VND 40,214,652

- Assistance: VND 307,783,000

(Source: Bao Yen district’s compensation, assistance and resettlement)

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VI. RELOCATION AND RESETTLEMENT

CP1 Package

Vinh Phuc Province

59. Land acquisition for CP1 in Vinh Phuc Province affected 20 households in which the residential structure of one household was affected, but no household needed to be relocated.

Phu Tho Province

60. Total number of affected households in Viet Tri, Phu Tho Province is 42 and 01 organization (the public land is under the management of Ben Got Ward). In which, the relocated household into resettlement area is 01. Early 2014, the City’s People Committee arranged the resettlement for this household in the Ben Got Ward residential area with the fairly convenient position, near the traffic road, market and schools.

CP2 Package

61. The relocation and resettlement in Yen Bai area (CP2) completed before 2014. There are 3 resettlement areas and 4 resettlement points complete including Van Phu resettlement area in Van Tien commune with 2 resettlement points, Dao Thinh and Lang Thip resettlement area. The households which are relocated and wish to move to the resettlement area were handed over land. Land delivering and receiving in the resettlement as detailed below:

Van Tien resettlement area

62. Grading and infrastructure construction in Area 1 and Area 2 completed. Yen Bai City People’s Committee issued the decision to hand-over the resettlement land for the eligible households under the regulation. The Provincial Centre for Land Fund Development handed over land in the resettlement area for 14 households. Yen Bai City People’s Committee issued the Certificate of Land use right for these households. Both resettlement areas has been installed the public lines of Yen Bai City Electricity. Currently. Households built new houses and stabilized their lives.

Dao Thinh resettlement area

63. Grading and infrastructure construction completed. The Provincial Centre for Land Fund Development coordinated with Dao Thinh commune People’s Committee and relevant units to hand over land for households. Certificate of land use right was granted for 11 households, the remaining household list is being submitted to Tran Yen district People’s Committee to grant Certificate for land use right as regulated. The resettlement area had the electrical line and meters of the project. Centre for land fund development handed over the electricity system at the resettlement area to Tran Yen district electricity for management. The assistance amount for wells was paid households as well.

Lang Thip resettlement area

64. Grading and infrastructure construction completed in Lang Thip resettlement area, Van Yen district. The Provincial Centre for Land Fund Development coordinated with Lang Thip commune People’s Committee to hand over the plan for 14 households (in which there are 11

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households in official and 03 households with payment for land receipt). Van Yen district People’s Committee granted the certificate for land use right for 14 households. 60. The resettlement area had the electrical line and meters of the project. Centre for Land Fund Development handed over the electricity system at the resettlement area to Van Yen Electricity for management. The assistance amount for wells was paid the resettled households.

CP3 Package

65. Construction work for resettlement area in order to move population has been performed well in Lao Cai Province. 5 resettlement areas were completed before 2014 with 542 resettlement land lots, in which 4 of them belongs to Lao Cai City, 1 of them belongs to Bao Yen district. In general, water and electricity system are complete for households to use. These resettlement areas are located at good places where are close to hospital, market and favorable traffic.

66. Lao Cai City: The progress of construction for resettlement areas is rather good and quick. Resettlement areas and households are mostly located in Lao Cai city, in which 486 households are affected because of the Item “ Extension and improvement of freight yard” of Lao Cai station. Before 2014, 04 resettlement areas in Lao Cai City were completed to built and handed over to resettlement household, of which 03 areas (head of Pho Moi bridge, Broadcast and Television area and Lake No.6), most of the people have built their house and become more stable. The first stage was completed before 2014; affected households received the land and some have been building their houses.

67. In the second stage, total households which need to be relocated are 71 including 55 households in the 1 ha area, Lao Cai station and 16 new ones (separated before the planning announcement and not yet had new places). Most of them moved to resettlement areas of B9 (Binh Minh ward) and Bac Duyen Hai (Dong Tuyen commune).

68. The B9 resettlement area at Binh Minh ward is located in the Southest, being the Southern entrance of Lao Cai city, which has been operating since 2005 with basic infrastructures such as electricity, water supply, transportation, etc and accessibility to healthcare and education services, markets, etc. It is expected to accommodate 40 households from the 1 ha area, Lao Cai station.

69. The Bac Duyen Hai resettlement area at Dong Tuyen commune, Lao Cai city was established in 2005 with necessary facilities such as electricity, water system, transportation, etc and easy accessibility to healthcare, education services. This resettlement area is accommodated 25 households from the 1 ha area, Lao Cai station.

70. The other 6 households are relocated to the following addresses:

- M17 street, Khanh Yen, Van Hoa commune: 2 households

- Loi street, Le Khoi, Pho Moi ward: 1 household

- Lang Den resettlement area, Dong Tuyen commune: 3 households

71. 68. Up to present, most of the households in the 1 ha area, Lao Cai station have received compensation and resettelement plots and are going to build their houses in the coming time. Only 4 out of 55 households have not yet received compensation and refused to get resettlement plots; specifically as below:

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1) Mr. Tran Dinh Hoa – Ms. Pham Thi Thanh Thuy; tentatively to be given plot at Bac Duyen Hai resettlement area;

2) Mr. Mai Xuan Son – Ms. Nguyen Thi Huong; tentatively to be given plot at B9 resettlement area, Binh Minh ward

3) Ms. Nguyen Thi Hong – Mr. Nguyen Quoc Du; tentatively to be given plot at Bac Duyen Hai resettlement area;

4) Mr. Nguyen Van Thien – Ms. Hoang Thi Sen; tentatively to be given plot at Bac Duyen Hai resettlement area;

72. Bao Thang District: 9 households can resettle self-managed accommodation by themselves according to the policy of Lao Cai Province (resettlement area were not built); these households have received money for compensation, assistance and resettlement, built their new houses and settled down their lives.

73. Bao Yen District: there is one resettlement area for 9 resettled households in mountain village 6AB, Kim Son commune, its plan has been completed and handed over to the households.

74. The summation of the final resettlement is shown in the following table:

CP Name of resettlement area Position of resettlement area

CP2 03 resettlement areas

1.Văn Tiến resettlement areas Văn Tiến Commune - Yên Bái city

2. Dao Thinh resettlement areas Đào Thịnh Commune, Trấn Yên district

3. Lang Thip resettlement areas Lang Thíp Commune, Văn Yên district

CP3 07 resettlement areas

1.Đầu Cầu Phố Mới resettlement area Phường Phố Mới, TP Lao Cai

2. Broadcasting resettlement area Phường Duyên Hải, TP Lao Cai

3. Resettlement area Lake no.6 Phường Duyên Hải, TP Lao Cai

4. B9 Resettlement Area Phường Bình Minh TP Lao Cai

5. Bac Duyen Hai Supporting Resettlement Area Xã Đồng Tuyển, TP Lao Cai

6. other 06 households seft relocated on their own

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VII. INCOME AND LIVELIHOOD RESTORATION

75. The income recovery plan of the project was approved by ADB in October 2014. In January 2015 the PMUR coordinated with Compensation, Assistance, and Resettlement Board and commune People’s Committee, which had impacted households, to consult 100% of the extremely impacted households. The content of the consultation covered (1) the current economic situation of the extremely impacted households; (2) The current situation of jobs and income of workers; (3) the project’s effect on the workers’ income; (4) examination of the demanding of income recovery of the households.

76. The results of consultation showed that:

- Most of seriously impacted households having potential about man-power, material resources can choose livelihoods for developing production and gain minimum living standard as before the project;

- Land acquisition for the project did not affect the income of workers in the area;

- Overall, the income of impacted households has increased after constructing the project. Therefore, the project has positive effect directly or indirectly on the impacted households. During the construction of the project, it created various jobs for people living in the area. Work conditions in some areas under the project have been improved. It also increases the number of jobs and income for workers and local people when took part in constructing the project.

- The impacted households would be accessed to available loans and vocational training programs to allow them to change from agricultural activities to nonagricultural activities. It is not only satisfied the demanding of the households but also complied with the current situation when the agricultural land was reduced.

77. From the above results, it is determined that there is no need to develop a specific income recovery program to decrease the effect of the project to the impacted households’ income. The impacted households have already received the support of access to vocational training programs of the Government.

78. PMU-Rail will continue to keep working closely with relevant agencies and departments of Lao Cai and Yen Bai provinces to effectively and timely assist impacted households in need of income recovery so that they can easily access available preferential loans from Bank for Social Policies and the provincial vocational training and poverty reduction programs.

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VIII. PROGRESS OF LAND ACQUISITION AND HAND-OVER

79. At the time of supervision, work of land recovery and handover in whole line has been completed.

CP1 Package

80. Land was completely handed over to PMU-Rail in March 2014.

CP2 Package

81. Handover of land was completed before 2014. Total of 37 households who have demands on land delivery have been allocated land in resettlement areas; Most of the households had built their houses and moved to live in resettlement areas, the remainings have been building their house and going to live there in coming days. In general, households' lives have been more stable.

CP3 Package

82. Land acquisition has been basically completed since 2015. At the moment, obstacle only involves 1ha area in Lao Cai station which is affected by upgrading and widening the freight yard with 55 households to be relocated.

83. There have been 34 households handing over the land for construction at the reporting period. 17 households have received resettlement plots and are going to build their houses in July; it is expected that those households will hand over the site in the next month.

84. The other 4 households refused to receive compensation as well as resettlement land due to dissatisfaction with location of their given plots (those have been listed above).

(Source: Lao Cai Centre for Land Fund Development, July 2015)

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IX. GRIEVANCE REDRESSAL

85. An appropriate grievance and redressal mechanism has been included in the updated RP. All affected people are aware of their rights and necessary procedures for grievance. The procedures have been disseminated through an effective public campaign. In addition, grievance mechanism and procedures are also further explained in the Compensation & Resettlement Information Booklet given to all affected people.

86. Relocated households can express grievance about land acquisition and resettlement including their rights, compensation rates, assistance, resettlement procedures, income restoration programs and other related issues.

87. Supervision of updated RP implementation in terms of land acquisition and resettlement shows that this activity has been in compliance with specified procedures avoiding unexpected disputes. Despite some complaints from affected households regarding inventory of losses and compensation rates, those matters have been generally addressed following the Government and Project’s current regulations.

X. GENDER ISSUES AND ETHNIC MINORITIES

Gender Issues

88. Gender equality is among critical criteria of a civilized community. This issue has been specifically mentioned in the on-going RP, specifically women’s socio-economic status and gender strategy in order to ensure an efficient integration.

89. During the supervision, it was observed that public consultation and information dissemination through community meetings, explanation of queries, leaflets and radio system have given the affected households including women and ethic minorities an access to necessary information and policies on compensation and the Project’s benefits.

90. HIV/AIDS and human trafficking awareness programs have been launched at communities under the Project. Development will certainly bring benefits but also result in disadvantages. During the construction stage, complicated social matters will arise that should be controlled. Particularly, women and children will be directly affected when a large number of male workers arrive to work at the construction sites. This is the negative side of social mobility and women, especially young ones, will possibly be victims of sexual abuses or social diseases. However, neither HIV affection nor women trafficking resulting from project activities has been found.

Ethnic minorities

91. Socio-economic status of affected ethnic minorities has been being collected since 2011 as a part of SES and DMS for the updated RP. Those data have been analysed basing on common socio-economic criteria in the project area; and results show that ethnic minority households are with lower economic conditions (based on properties) and higher vulnerability (based on the terms of poverty and female-headed households) compared to the average. However, they get in well with the other ethnic group and share the same lifestyle as well as livelihoods.

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92. Ethnic minority development had been highlighted right at the project design stage; specifically religion, culture and spiritual life of local communities. Impacts on religious and spiritual assets such as temples, pagodas and cementary were minimized in the technical design. During the project implementation, Contractors and relevant parties have been recommended to respect cultural values of local communities; and a commitment has been signed by the Contractors to avoid any impacts on the community’s spiritual life.

93. Public consultation and information dissemination to PAPs including ethnic minorities have been carried out by PMU-Rail, provincial compensation and resettlement boards and People’s Committees at district and communal levels during the project implementation. Seriously affected households under the vulnerable group including ethnic minorities have received an amount of money to recover their livelihoods and living conditions which is in line with updated RP and ABD’s policy framework.

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XI. CONCLUSION AND RECOMMENDATIONS

Conclusion

94. The compensation, assistance, resettlement for impacted households have been completed with a total expenditure paid for the impacted households: VND 82.873.161.032 in which:

- CP1: total amount of compensation, assistance paid: VND 1.868.374.565 VNĐ;

- CP2: total amount of compensation, assistance paid: VND 25.075.219.225;

- CP3: total amount of compensation, assistance paid: VND 55.929.567.242 (Sourced: Divisions of Compensation, Assistance & Resettlement of provinces Vinh Phuc, Phu Tho, Yen Bai, Lao Cai).

95. In general, the impacted households received compensation money and were satisfied with the compensation level; there are no more complaints.

96. In addition, city and district’s compensation and resettlement boards have made great afforts in implementation of land acquisition and resettlement plan. Implementation plan for updated RP has gained initial success thanks to a close coordination between PMU-Rail and provincial compensation and resettlement boards.

97. Public consultation and information dissemination have been carried out by PMU-Rail and compensation and resettlement boards resulting in certain effectiveness. However, this still needs to be maintained on a regular basis during the project implementation.

98. Compensation, assistance and resettlement under Yen Vien – Lao Cai Railway Upgrading Project have been in line with the Government’s regulations and ADB policy. The compensation rates for affected households were applied following existing regulations; and those households have received the compensation following approved plan.

99. Special attention was paid to the assistance for seriously affected households and vulnerable groups. Other assistances for the households losing agricultural land has been given following policy framework. All remaining issues, comments and expectations from affected people have been basically addressed by provincial People’s Committees as well as compensation and resettlement boards at city, district and communal levels.

100. Actual investigation shows that affected households basically agreed with the compensation rates that allow them to own alternative assets or build their new house. They also noticed that basic facilities at the new location are much better than the old one. At the monitoring time, most of the affected people have relocated and got their land in the resettlement areas to build their new house.

101. The project’s compensation, assist and resettlement have been carried out in alignment with RP, which is in accordance with existing laws and regulation of the Government and ADB’s social welfare policies. Technically, the PMU and Project Compensation Boards of the 4 provinces have observed the resettlement procedures as described in the project’s RP. Important steps such as communication, data collection, compensation disbursement were closely supervised and monitored by those who held direct stake to the project. Complaints of impacted households were timely attended and addressed by PMU and relevant authorities.

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102. The process of undertaking compensation, assist and resettlement for local people of the project has been completed. There are 4 remaining cases in 1 ha area which have not been received compensation and handed-over land for the project. Most of the households received compensation and support are satisfied with compensation policy and had no more comments.

103. Overall, the aims of resettlement plan have been achieved. The impacted households’ lives has been stabilized and improved, especially the extremely impacted households.

104. An Income Restoration Program targeted at seriously affected households and vulnerable groups has also been launched following the ADB’s approval. The consultation results show that there is no need for a separate income restoration program to mitigate the project impacts on income of affected households. These households are willing to get assistance and access to vocational training programs provided by the Government.

Recommendations

105. PMU-Rail is recommended to continue working closely with relevant departments and agencies in Lao Cai and Yen Bai provinces in order to provide necessary supports and make available loans from the Bank for Social Policies, local vocational training as well as the Government’s poverty reduction program accessible by affected households.

106. On the other hand, more attention should be paid to information dissemination and public consultation during the project implementation process in order to avoid unexpected queries and claims. Information, promotion and consulting community should be carried out regularly during the project’s performance in order to avoid unnecessary appealing. RPMU should co-ordinate closely with People’s Committees of the provinces to assist local authorities in dealing with land acquisition and resettlement to meet the requirements of the project’s progress.

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