Combined Resettlement Plan and Ethnic Minority Development Plan. VIE: GMS Kunming-Haiphong Transport Corridor Noi Bai-Lao Cai Highway Project

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1 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

2 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.

3 2017 VIETNAM EXPRESSWAY CORPORATION GMS: Kunming-Haiphong Transport Corridor Noi Bai Lao Cai Highway Project Addendum Resettlement and Ethnic Minority Development Plan Song Lo District, Vinh Phuc Province Addendum REMDP 2017 REMDP 2010 December 2017

4 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 Provincial 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 TWPMU2 Transport Work Project Management Unit 2 VEC Vietnam Expressway Corporation CURRENCY EQUIVALENTS (As of 01 November 2017) Currency unit: Vietnam Dong (VND) and US dollar ($) $1 = VND 22,745 i

5 DEFINITION OF TERMS Compensation Replacement cost Severely AHs Resettlement and Ethnic Minority Development Plan (REMDP) 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. 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. 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. 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 Study Cost This refers to the process involved in determining replacement costs of affected assets based on empirical data. Inventory of Losses (IOL) Detailed Measurement Survey (DMS) 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-ofway (ROW) are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of APs will be determined. With the use of approved detailed engineering drawings, this activity involves the finalization and/or validation of the ii

6 results of the IOL, severity of impacts, and list of APs done during preparation of resettlement plan (RP). Cut-off date Affected person/affected household (AP/AH) Vulnerable groups Entitlement Resettlement Land acquisition Is the date when land recovery announcement is officially informed to the public. Anyone who occupies or encroaches into the defined boundaries of the Project area after this date is not entitled to compensation and other assistance for affected assets and incomes. 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. 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 AHs with dependents, (ii) disabled household heads, (iii) AHs falling under the generally accepted indicator for poverty, (iv) children and the elderly AHs who are landless and with no other means of support, and (v) landless AHs, (vi) indigenous people or ethnic minorities. Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base. 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 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 iii

7 TABLE OF CONTENTS EXECUTIVE SUMMARY... 6 A. PROJECT BACKGROUND... 8 B. SCOPE OF LAND ACQUISITION IMPACTS... 9 C. SOCIO-ECONOMIC CONDITIONS D. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL PARTICIPATION E. REPLACEMENT COST STUDY F. GRIEVANCE REDRESS MECHANISM G. LEGAL FRAMEWORK H. ENTITLEMENTS I. LIVELIHOODS AND INCOME RESTORATION J. COSTS AND BUDGET K. INSTITUTIONAL ARRANGEMENTS L. IMPLEMENTATION AND MONITORING SCHEDULE APPENDICES Appendix 1: List of consulted persons Appendix 2: List of people consulted during the replacement cost study implementation Appendix 3: Scope of additional land acquisition dissagregated by household in Duc Bac Commune - Song Lo District Appendix 4: Project Information Booklet Appendix 5: Minutes of public consultative meeting and List of participants Appendix 6: Photos of public consultations during the preparation of the Addendum REMDP iv

8 LIST OF TABLES Table 1: Area of additionally affected land of AHs in Duc Bac Commune... 9 Table 2: Impacts on income and livelihoods of severely AHs and vulnerable AHs Table 3: Socio-economic information of Duc Bac Commune - Song Lo District Table 4: Average distance from AH s house to public infrastructures/ services Table 5: Summary of consultative meeting contents Table 6: Results of the survey of land prices in Duc Bac Commune, Song Lo District Table 7: Results of the survey of prices of trees and crops and structures in Duc Bac Commune, Song Lo District Table 8: Entitlement Matrix Table 9: Estimated costs of compensation and assistance for Song Lo District Table 10: Schedule for implementation of the Addendum REMDP for Song Lo District v

9 EXECUTIVE SUMMARY The GMS: Kunming-Hai Phong Transport Corridor - Noi Bai-Lao Cai Highway Project (hereinafter referred to as the Project) is owned by the Vietnam Expressway Corporation (VEC) and financed by Asian Development Bank (ADB). The Project highway has a total length of 264km, starting at the interchange between Bac Thang Long - Noi Bai and National Highway 2 in the District of Soc Son, Ha Noi City, crossing the provinces of Vinh Phuc, Phu Tho, Yen Bai and Lao Cai before terminating at Bat Xat District, Lao Cai Province. In Song Lo District, the Noi Bai Lao Cai highway goes through 4 communes of Cao Phong, Dong Thinh, Duc Bac and Tu Yen with the total length of 5.725km. The section through Duc Bac Commune has the length of 2.357km. Song Lo District was established on the basis of separation from Lap Thach Dstrict. As per provisions of ADB s Safeguard Policy Statement (SPS), an updated Resettlement and Ethnic Minority Development Plan (REMDP) of Lap Thach District was prepared and approved in All AHs received full compensation and assistances in 2010 and Due to impacts of landslides and inundation when the highway is operated, an area of land in Giap Trung and Giap Thuong Villages of Duc Bac Commune, Song Lo District is incapable of cultivation. The local authorities sent a written request for additional acquisition of the land to VEC. Thus, this Addendum REMDP has been prepared for the additional land acquisition in Song Lo District. Detailed Measurement Survey (DMS) for additional impacts was conducted in August 2017 which defined an area of 15,906.5 m 2 land in Song Lo District requiring additional acquisition. The affected land area is paddy land of households (all of them have LURC). There is a total of 111 affected households (490 persons), of which 79 households (339 persons) were affected by the previous land acquisition of the Project and 32 households (151 persons) are newly affected by the additional land acquisition. Twenty-three (23) households (97 persons) are severely affected by the additional land acquisition. Of the 23 AHs, 13 AHs (55 persons) lose from more than 10% of total agricultural land holding but do not belong to any vulnerable group while the remaining 10 AHs (42 persons) lose from more than 10% of total agricultural land holding and belong to vulnerable groups. These households were severely affected in the first phase of the Project. There are no new severely affected households due to the additional land acquisition. The number of households belonging to vulnerable groups is 22 (90 persons), these households were affected by the previous land acquisition. There are no new vulnerable affected households. Basically, policies on compensation and assistance applied for the households affected by additional land acquisition will be in line with project policies specified in the agreed 2010 updated REMDP. In case of discrepancy between any provisions, the new PPC regulations shall take precedence to ensure that there will be no downgrading of entitlements. Assistance for job transition and job training is equal to 2.5 times of the price of acquired land instead of 2 times as specified in the agreed 2010 Updated REMDP. Affected land and non-land assets will be compensated at replacement cost. A public meeting was held in Duc Bac Commune in October 2017 with a total of 68 participants. Contents of the meetings focused on: (i) introduction of the additional land acquisition; (ii) summary of the scope of additional land acquisition impacts; (iii) the project policies on compensation and assistance for the additional land acquisition impacts; (iv) EXECUTIVE SUMMARY 6

10 grievance redress mechanism and (v) the Addendum REMDP implementation schedule. Project Information Booklet (PIB) was prepared and distributed to the participants in the meetings. There was another meeting held by DCCSC before the start of DMS in July 2017 to inform the implemetation schedule. In addition, this version was also shared with village heads and other concerned parties for review and feedback. Their feedbacks were consolidated and incorporated in the draft Addendum REMDP submitted to ADB for review. Resolution of grievances will be in compliance with the grievance redress mechanism outlined in the agreed 2010 Updated REMDP. This mechanism has been discussed with the APs and local authorities at public consultative meetings. In addition, this mechanism has also been presented in the PIB which was delivered to the APs in the public meetings. Total estimated cost of compensation and assistance for the additional land acquisition impacts in Song Lo District is VND 3,480,183,135 ($153,009) comprising costs of compensation and assistance and administration costs. VEC will ensure that costs of compensation and assistance and unexpected costs will be provided in a sufficient and timely manner in order to meet requirements and objectives of compensation and assistance. VEC, through the Northern Expressway Project Management Unit (NEPMU), is overall responsible for the satisfactory implementation of compensation, assistance and resettlement under the Project. Finance and Planning Department under NEPMU has been created to provide guidance to the District Committee for Compensation and Site Clearance (DCCSC). Staff of the VEC will take part in the DCCSC. Vinh Phuc Transport Work Project Management Unit 2 (TWPMU2) and Song Lo DCCSC, through the Resettlement Task Force (RTF) and the NEPMU with support from the Project Supervision Consultant (PSC), spearhead the preparation and implementation of the Addendum REMDP. The PSC will assist the NEPMU and the DCCSC in ensuring that the compensation, assistance and resettlement activities are carried out in accordance with the social safeguards laid out in the loan agreement. The implementation of the Addendum REMDP will be monitored by an independent monitor and internal monitoring. The PSC will undertake the internal monitoring. EXECUTIVE SUMMARY 7

11 A. PROJECT BACKGROUND Noi Bai-Lao Cai Highway Project (hereinafter referred to as the Project) is located within the 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. The Project was approved by ADB on 14 December The 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. This highway is aimed at not only socio-economic development and national defense safety in general, but also at population restructure at right side of Red river-the North- Western region in particular, giving momentum for economic restructure of ethnic minority groups. Furthermore, the Project highway will create a linkage between economic centers, industrial zones, and tourism and entertainment centers in the Northern region. The Noi Bai Lao Cai highway traverses through Phuc Yen Town, Binh Xuyen, Tam Duong, Lap Thach District and Song Lo District of Vinh Phuc Province with the length of km. The Noi Bai Lao Cai highway goes through 4 communes of Cao Phong, Dong Thinh, Duc Bac and Tu Yen in Song Lo District with the total length of km. The section through Duc Bac Commune has the length of km. Song Lo District was established on the basis of separation from Lap Thach District. The updated Resettlement and Ethnic Minority Development Plan (REMDP) for Lap Thach District was prepared and approved in Accordingly, 4,742 AHs in Lap Thach District (888 AHs in Song Lo District) had land and non-land assets affected by the Noi Bai Lao Cai Highway Project. All AHs received full compensation and assistances in 2010 and At the request of the local authorities for additional acquisition of the land outside the project land demarcation which has been affected by landslides and inundation during the highway operations and incapable of cultivation, VEC cooperated with local authorities and other relevant stakeholders to examine the affected area and decided to additionally acquire the land that is no longer cultivable. In consistence with the provisions outlined in the ADB s Safeguard Policy Statement (SPS, 2009), the Addendum REMDP for the additional land acquisition in Song Lo District has been prepared. PROJECT BACKGROUND 8

12 B. SCOPE OF LAND ACQUISITION IMPACTS At the request of the local authorities for additional acquisition of the land outside the project land demarcation which has been affected by landslides and inundation during the highway operations and incapable of cultivation, VEC cooperated with local authorities and other relevant stakeholders to examine the affected area and decided to additionally acquire the land that is no longer cultivable. Vinh Phuc Transport Work Project Management Unit 2, on 15 September 2016, sent the NEPMU the Letter No. 161/BQLDA2-GPMB on treatment of inundated agricultural land outside the Project land demarcation in Vinh Phuc Province, of which, the affected area in Song Lo District is 1.3 ha. However, results of the DMS conducted by Song Lo DCCSC indicate that the area of affected land is larger than the area specified in the Letter (see below). At the time of preparation of the Addendum REMDP (October 2017), DMS was conducted for 100% of AHs. As per the results of the DMS, the additional land acquisition affects 111 AHs (490 persons), comprising 79 AHs who were affected by the previous land acquisition and 32 AHs are newly affected by this additional land acquisition. According to the DMS results, scope of additional land acquisition impact is as follows. Impacts on land A total of 15,906.5 m 2 of agricultural land will be additionally acquired due to impacts of landslides and inundation. The additionally affected land belongs to 111 households (490 persons). All of them have LURC. The additional land acquisition does not affect residential land of any households. Scope of impacts on land by household is presented in Appendix 3. Table 1: Area of additionally affected land of AHs in Duc Bac Commune Item Affected area (m 2 ) No. of AHs No.of APs 1. No.of HHs previously affected 11, No. of newly affected HHs 4.320, Total number of AHs 15, Impacts on crops, trees and structures The 111 AHs have an area of 15,906.5 m 2 of crops (paddy) affected. The additional land acquisition affects neither other types of crops and trees nor structures of households. Impacts on vulnerable households Of 111 AHs, 22 AHs (90 persons) are vulnerable comprising 01 disabled-headed households, 08 households headed by the elderly and 13 poor households. These households were affected by the previous land acquisition, received assistance for vulnerable households and participated in the income restoration program designed for the previous land acquisition. Of 111 AHs, 34 AHs have LURC in the female member s name. The results of the field survey and consultations with relevant parties show that the women in these 34 households are neither single nor breadwinner. As a result, these households are not considered femaleheaded ones. SCOPE OF LAND ACQUISITION IMPACTS 9

13 Impacts on livelihood/income Of the 111 HHs affected by the additional land acquisition, 23 HHs (97 persons) are severely affected. These households were severely affected by the previous land acquisition. No household has to relocate as a result of the additional land acquisition. According to the proportion of land loss accumulated through land acquisition batches, there are 23 households losing from more than 10% of total land holding, of which 19 HHs (82 persons) lose from 10%-30% of total land holding, 03 HHs (11 persons) lose from 30%-50% and 01 household (04 persons) loses from 50%-70% of total land holding. The remaining households lose less than 10% of total land holding. In fact, due to small area of land affected by this additional acquisition, the levels of proportion of land loss (10%-30%, 30%- 50% and 50%-70%) of the households have not been changed. As a result, the total number of severely affected households and vulnerable households is 35 (145 persons), of which 13 AHs (55 persons) lose from more than 10% of total land holding but does not belong to any vulnerable group, 10 AHs (42 persons) lose from more than 10% of total land holding and belong to vulnerable groups, 12 AHs (48 persons) lose less than 10% of total land holding and belong to vulnerable groups. Vulnerable households Table 2: Impacts on income and livelihoods of severely AHs and vulnerable AHs Marginally affected Severely affected Invulnerable households Total Items No. of HHs households previously affected No. of HHs newly affected households No. of HHs previously affected No. of HHs newly affected No. of AHs Total No. of APs No. of AHs No. of APs No. of AHs No. of APs SCOPE OF LAND ACQUISITION IMPACTS 10

14 C. SOCIO-ECONOMIC PROFILE 3.1. General socio-economic information of Duc Bac Commune Socio-economic information of the affected area was collected from the Statistics Office of Duc Bac CPC. Socio-economic information of Duc Bac Commune as of October 2017 is presented in the table below. Table 3: Socio-economic information of Duc Bac Commune - Song Lo District No. Information Unit Quantity 1 2 Total population of the commune Person 8,715 - Female people Person 4,226 Number of people of working age Person 4,240 - Female people Person 2,030 3 Number of people of working age being employed Person 4,032 4 Total number of HHs Household 1,816 5 Number of agricultural HHs Household 1,433 6 Number of non-agricultural HHs Household Per capita income VND Million/ person/ year 28,500,000 8 Percentage of HHs using septic-tank toilet % 91 9 Percentage of HHs using tap water % 0 10 Percentage of HHs using drilled well water % 99 Number of HHs according to the following criteria: - Poor HHs (having poverty certificate) Household Female-headed HHs with no other means of support Household Ethnic minority household Household 0 - Household of lonely old person Household 12 - Household of orphan Household 17 - AHs with the disabled member Household 22 - Household with member who has contributed to the revolution Household 4 SOCIO-ECONOMIC PROFILE 11

15 3.2. Socio-economic information of the affected households All the AHs belong to Kinh ethnic group. There is no other ethnic group in Song Lo District in general and in the project affected area in particular. In October 2017, the consultant conducted a socio-economic survey for 59 AHs, including 46 households who are severely affected and/or vulnerable, and 20% of the total number of marginally affected households (13 AHs). Gender and Age: Of the 59 AHs surveyed by questionnaire, there are 36 male-headed AHs (61.02%) and 23 female-headed AHs (38.98%). Of the surveyed households, heads of 17 AHs (28.81%) are under 40 years old, heads of 38 AHs (64.41%) are aged from 40 to 60 and heads of 04 AHs (6.78%) are over 60 years old. Regarding marital status and educational attainment, of the surveyed AHs, 52 household heads (88.14%) are married, 04 household heads (6.78%) are single while 03 household heads (5.08%) are widowed. No household head is separated or divorced. The majority of the surveyed AHs are headed by persons with educational attainment from secondary education and higher levels. Heads of 10 AHs (16.95%) attain lower secondary education; heads of 38 AHs (64.41%) attain upper secondary education; heads of the 07 AHs (11.86%) attain higher education. Only four heads of 04 AHs (6.78%) attain primary education and no AH is headed by illiterate person. Regarding occupation and income, of the surveyed AHs, there are 32 AHs (54.24%) with main income from agriculture, 10 AHs (16.95%) with main income from business/ services, 12 AHs (20.34%) with main income from wage and 05 AHs (8.47%) with main income from remittance from their relatives. Most of the surveyed AHs (93.22%) have monthly income of VND 5-7 million. As per poverty threshold in the rural area specified in Decision No. 59/2015/QĐ-TTg of the Prime Minister dated on November 19, 2015, households whose monthly income is equal to or less than 700,000 dong per family member are classified as poor households. According to the SES result, the highest number of family member per AH is 6 and at least the monthly income is VND 833,333/person. Therefore, none of the surveyed AHs are poor. In terms of living conditions, the majority of the surveyed AHs live in one-storey tile-roofed or metal-roofed houses. All the surveyed AHs use dug well and drilled well as the main water sources. All the AHs use grid electricity as their main source of lighting energy and gas and coal as their main sources of cooking energy. Most of the AHs use septic tank toilet and single-vault composting toilet. The AHs access to public infrastructures/services is presented in the table below. No. Table 4: Average distance from AH s house to public infrastructures/ services Average Average Public facilities No. Public facilities distance (km) distance (km) 1 Commune Health 2 centre 0.2 District hospital Cultural house 8 Communal house 0.2 / pagoda Private clinic Kindergarten Pharmacy Primary School 0.3 SOCIO-ECONOMIC PROFILE 12

16 Average Average No. Public facilities No. Public facilities distance (km) distance (km) 5 11 Secondary CPC office 0.3 School Market High School 2.0 Regarding the division of labor by gender, almost all of the surveyed AHs confirmed that both male and female members participated in agriculture and business activities. Particularly, working far away from home is mostly undertaken by male members while participation in public meetings is mainly undertaken by female members. SOCIO-ECONOMIC PROFILE 13

17 D. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL PARTICIPATION During the additional land acquisition in Song Lo District, Song Lo DCCSC cooperated with Vinh Phuc TWPMU2, CPC and mass organizations in Duc Bac Commune to organize public consultation. The public consultation aim to provide information on the additional land acquisition, including: (i) scope of the additional land acquisition; (ii) compensation and assistance for the additional land acquisition impacts; (iii) proposed implementation schedules of relevant activities; and (iv) grievance redress mechanism. Besides, related stakeholders recorded opinions and expectations of AHs about the additional land acquisition. In October 2017, during the preparation of the Addendum REMDP for the additional land acquisition impacts in Duc Bac Commune, Song Lo District, the consultant worked with NEPMU, CPC and mass organizations to provide information and consult with households who are affected by the additional land acquisition. The consultation was conducted in Duc Bac CPC office prior to the implementation of SES and RCS. Additionally, AHs opinions on the additional land acquisition raised in the consultative meeting were recorded. The total number of participants in the meeting is 68, of which 24 participants are female. In July 2017, Song Lo DCCSC held a consultative meeting at Duc Bac CPC office with the participation of local authorities, representatives of mass organizations and AHs before conducting DMS in August The scope and additional land acquisition impacts and the implementation schedule were discussed with participants in the meeting. The contents of the public consultative meetings held in Duc Bac commune, Song Lo District are summarized in the table below. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL PARTICIPATION 14

18 Table 5: Summary of consultative meeting contents No. Public consultative meeting Participants Summary of the meeting contents 1 Public consultative meeting with representatives of local authorities and AHs - Time: July Venue: Duc Bac CPC office - Number of participants: 80 (32 female participants) 2 Public consultative meeting with representatives of local authorities and AHs: - Time: 8:30 am, 19 October Venue: Duc Bac CPC office Representatives of local authorities: - Mr. Le Ngoc Anh Chairman of Duc Bac CPC - Mr. Bui Anh Dung Vice Chairman of Fatherland Front Committee - Mr. Khong Minh Cong Cadastral staff of Duc Bac Commune - Mr. Nguyen Van Hai Head of Giap Thuong Village (affected village) - Mr. Tran Ngoc Kim Head of Giap Trung Village (affected village) - Mr. Hoang Van Toan Head of Duong Tho Village - Mr. Tran Van Chich Head of Thuong Trung Village And representatives of affected households. Representatives of local authorities: - Mr. Le Ngoc Anh Chairman of Duc Bac CPC - Mr. Bui Anh Dung Vice Chairman of Fatherland Front Committee - Mr. Khong Minh Cong Cadastral staff of - As requested by the local authorities and AHs, a total area of 1.3 hectares in Duc Bac Commune Song Lo District which have been affected by landslides and inundation during the highway operations and incapable of cultivation would be acquired and compensated. - AHs would be involved in the DMS implementation to clarify the affected lands and other assets, land use origin. - Opinions and concerns raised by the AHs during the DMS implementation should be addressed quickly and fairly. - After being consulted about the purpose and the necessity of preparation of the Addendum REMDP, the participants all agreed and expressed their willingness to support the implementation of the Project in general as well as the preparation of the Addendum REMDP in particular. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL PARTICIPATION 15

19 No. Public consultative meeting Participants Summary of the meeting contents - Number of participants: 68 (24 female participants). Duc Bac Commune - Ms. Hoang Thi Nguyen Chairwoman of Women s Union - Mr. Nguyen Van Hai Head of Giap Thuong Village (affected village) - Mr. Tran Ngoc Kim Head of Giap Trung Village (affected village) Mr. Do Van Thuan Head of Khoai Trung Village - Mr. Hoang Van Toan Head of Duong Tho Village - Mr. Tran Van Chich Head of Thuong Trung Village And representatives of affected households. - DMS for additional impacts were conducted with the involvement of relevant stakeholders including local authorities and representatives of the AHs. - Relevant organizations and affected households agreed on principles and provisions on compensation and assistance in the Resettlement Policy Framework specified in the PIB. - Affected households expected to receive the compensation and assistance for the additionally affected land soon. - AHs agreed to receive assistance for job transition and job training calculated by area (m 2 ) of acquired land multipling VND 15,000 per m 2. - Ensure that the grievance redress mechanism is implemented in accordance with the regulations specified in the agreed 2010 Updated REMDP. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL PARTICIPATION 16

20 In addition to the public consultative meeting, focus-group discussions and in-depth interviews were also carried out with CPC leaders, representatives of mass organizations, village leaders and specially representatives of the AHs. The contents of the discussions and interviews consist of (i) opinions and concerns of participants about compensation and assistance of the Project; (ii) project impacts on AH s income and livelihoods; and (iii) to the way to ensure that the grievance redress mechanism is effective in solving complaints and grievances of AHs. This version was also shared with village heads and other concerned parties for review and feedback. Their feedbacks were consolidated and incorporated in the draft Addendum REMDP submitted to ADB for review. After getting acceptance of ADB, the Addendum REMDP will be uploaded to ADB s website and this Addedum REMDP in Vietnamese will be posted at the headquarter of Duc Bac CPC and/or at the village cultural house in December Monitoring reports on compensation, assistance and resettlement will be sent to relevant stakeholders and uploaded to ADB s websites. INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND LOCAL PARTICIPATION 17

21 E. REPLACEMENT COST STUDY RCS was conducted to establish compensation rates for affected land, non-land assets and trees, crops by the additional acquisition of land to construct Noi Bai Lao Cai highway in October The results of the RCS was used to estimate compensation price at full replacement cost as required by ADB s Safeguard Policy Statement (SPS 2009). The market price of an asset is the amount for which asset should exchange ownership on the date of valuation between a willing buyer and a willing seller in an arm slength transaction after proper marketing in which the parties had each acted knowledgeably, prudently, and without compulsion or restriction. For the additional land acquisition, the consultant only calculated the replacement cost for additionally affected assets that are land and crops (paddy). The evaluation of replacement costs was carried out based on information collected from both desk study and field survey including surveys and data collected from people in the affected and and its vicinity comprising affected and unaffected ones. The desk study focused on relevant regulations, decisions of the Government, PPC and DPC. However, these materials would play a supporting role only. Surveys conducted for people in the affected area, comprising both those whose assets were affected by the project and those whose assets were not affected, would produce reliable data for the evaluation. The RCS and policies on compensation, assistance and resettlement of the Project and entitlements of APs are established based on relevant laws and regulations of the Government and other legal documents as follows. 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, Decree No. 38/2013/ND-CP 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 Circular No. 37/2014/TT-BTNMT of June 30, 2014 detailing compensation, support, and resettlement upon land expropriation by the State; REPLACEMENT COST STUDY 18

22 - 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 Vinh Phuc PPC relating to compensation, assistance and resettlement: - Decision No. 35/2014/QĐ-UBND dated 15/8/2014 of Vinh Phuc PPC detailing a number of articles on compensation, assistance and resettlement, unit rates for compensation, assistance and resettlement when the State acquires land in Vinh Phuc Province. - Decision No. 61/2014/QĐ-UBND dated 31/12/2014 Vinh Phuc PPC promulgating regulations on the price of land in Vinh Phuc in the period of 5 years Decision No. 32/2015/QĐ-UBND dated 16/11/2015 of Vinh Phuc PPC on amending and implementing of a number of articles of Regulation on compensation, assistance and resettlement and compensation and assistance unit price when the State recovers land in Vinh Phuc Province attached to Decision no. 35/2014/QĐ-UBND dated August of Vinh Phuc PPC. Land: The project consultant conducted 18 interviews with officers of Duc Bac CPC, village heads and the AHs as well as unaffected households to identify: (i) recent land use rights transfer in the area; (ii) price, at which owners (affected and unaffected persons) are willing to sell their land; (iii) the transaction costs included administrative costs, taxes, registration and titling costs. The entire area of additionally affected land of the 111 AHs is agricultural land (paddy land). The interviewed affected households and community confirmed that there has hardly been any agricultural land transaction in the project affected area in the last 12 months. In general, the compensation unit price of agricultural land in the project area following the Decision No. 61/2014/QĐ-UBND dated 31 December 2014 issued by Vinh Phuc PPC is basically reasonable. The unit price is annually reviewed and updated. According to Decision No. 35/2014/35/2014/QĐ-UBND dated 15 August 2014 by Vinh Phuc PPC, in addition to compensation for land, the households having agricultural land affected will be entitled to assistance for job training and job creation which is equal to 2.5 times the compensation price of agricultural land and assistance for life stabilization (VND 15,000/m 2 ). They are also eligible for bonus for handing-over land on time equivalent to VND 2,000/m 2. The AHs all agreed that such rate of compensation was acceptable and sufficient for them to buy another land lot if neccesary. For this reason, the consultant proposes to pay compensation and assistance for the additionally affected land at the unit price of Vinh Phuc PPC as shown in the table below. Table 6: Results of the survey of land prices in Duc Bac Commune, Song Lo District Compensation unit Type of land price under Decision No. 61/2014/QĐ-UBND Surveyed unit price Proposed unit price REPLACEMENT COST STUDY 19

23 VND/m 2 USD/m 2 VND/m 2 USD/m 2 VND/m 2 USD/m 2 Paddy land 55, , , Crops: Objective of the replacement cost study is to determine whether the prices of trees and crops issued by Vinh Phuc PPC are equal to, lower or higher than the average market prices of those crops and trees. The basis of this survey was to determine the average market prices of those crops and trees. The information used to determine replacement cost was collected from direct interviews with 05 owners of trees and crops in the commune. The interview contents included the information of the prices at which the owners are willing to sell their crops and other agricultural products (in the last three years) and prices of various agricultural products made from crops in the market. The interview results showed that the compensation rates of crops and trees promulgated by Vinh Phuc PPC are reasonable. The AHs all accepted the rates. Table 7: Results of the survey of prices of trees and crops and structures in Duc Bac Commune, Song Lo District Compensation unit price under Decision Surveyed unit price Type of No. 35/2014/QĐ- Proposed unit price impact UBND VND/unit USD/unit VND/unit USD/unit VND/unit USD/unit Crops (m 2 ) 5, , , The results of the replacement cost study were discussed and agreed upon by representatives of local authorities and the AHs in the public consultative meeting. The proposed unit prices of land and other assets were disclosed at public places such as CPC office and village cultural house in October The AHs were given 10 days for review and feedback. Compensation will be paid based on the compensation and assistance plan to be approved. In cases where there is delay in the payment, the unit prices must be reviewed and adjusted if necessary to ensure that compensation payment will be at replacement cost. REPLACEMENT COST STUDY 20

24 F. GRIEVANCE REDRESS MECHANISM Grievances related to any aspect of the Project will be handled through negotiation aimed at achieving consensus. Complaints will pass through 4 stages. VEC will shoulder all administrative and legal fees that might be incurred in the resolution of grievances and complaints. The Grievance Redress Mechanism is presented in detail in the agreed 2010 Updated REMDP. If an acceptable solution is not arrived at through the Project Grievance Redress Mechanism, a group of at least two affected persons may lodge a complaint directly to the Southeast Asia Department via Vietnam Resident Mission Office in Hanoi. In line with the ADB Accountability Mechanism (2012), if the affected persons are still not satisfied with the Southeast Asia Department s response, the affected persons may lodge a complaint to the Office of the Special Project Facilitator through the office of Vietnam Resident Mission in Hanoi. GRIEVANCE REDRESS MECHANISM 21

25 G. LEGAL FRAMEWORK Legal framework and policy on compensation, resettlement and restoration in the Project are governed by applicable laws, decrees and ordinances of the Government of Vietnam (GOV) and ADB s policies. The Constitution of the Socialist Republic of Viet Nam (2013, effective from 01 January, 2014) confirms the right of citizens to own and protects the ownership of house and production materials of citizens compensation by market rate is made for impacts by the projects implementing for the purposes of national defense, security or public benefits (Article 32). Similarly, organizations and individuals have land use rights and the rights are protected by laws and the in-case of land recovery for the purposes of national defense, security and socioeconomic development, compensation shall follow provisions of laws (Article 54). In addition, the Government has enacted a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation and resettlement. The principal documents include: - Land Law No. 45/2013/QH13 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. 44/2014/NĐ-CP dated 15/5/2014 on Land Prices; - Decree No. 47/2014/ ND-CP dated 15/5/2014 on Compensation, Assistance, and Resettlement when the State Recovers Land; - Decree No.84/2013/ND-CP dated 25/7/2014 on Development and Management of Resettlement Housing; - Circular No. 36/2014/TT-BTNMT dated 30/06/2014 on specifying detailed methods of valuation of land prices, construction, adjustment of land prices; specific land prices valuation and land prices valuation consulting service. - Circular No. 37/2014/BTNMT dated 30/06/2014 on Detailed Guidance on Compensation and Assistance when the State Recovers Land; On the basis of the legal documents of the Government on compensation, assistance and resettlement in the event of land acquisition, Vinh Phuc Province People s Committee also issued specific legal documents applied in the province, including: - Decision No. 35/2014/QD-UBND dated 15/8/2014 of Vinh Phuc PPC detailing a number of articles on compensation, assistance and resettlement, unit rates for compensation, assistance and resettlement when the State acquires land in Vinh Phuc Province. - Decision No. 61/2014/QD-UBND dated 31/12/2014 of Vinh Phuc PPC promulgating regulations on the price of land in Vinh Phuc in the period of 5 years Decision No. 32/2015/QĐ-UBND dated 16/11/2015 of Vinh Phuc PPC on amending and implementing of a number of articles of Regulation on compensation, assistance and resettlement and compensation and assistance unit price when the State recovers land in Vinh Phuc Province attached to Decision no. 35/2014/QĐ-UBND dated August of Vinh Phuc PPC. LEGAL FRAMEWORK 22

26 On 29 June 2009, ADB updated its safeguards policies by integrating its policies on involuntary resettlement, indigenous peoples and the environment into one common SPS. The SPS was approved by the ADB Board of Directors on 20 July 2009 and became effective on 20 January ADB Policy on Involuntary Resettlement aims to: (i) avoid involuntary resettlement wherever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives; (iii) enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and, (iv) improve the standards of living of the displaced poor and other vulnerable groups. LEGAL FRAMEWORK 23

27 H. ENTITLEMENTS 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. The affected land will be compensated in cash at the price proposed in the RCS report. While the ideal method of compensation for land loss, especially for people who will be entitled to rebuy the whole area, is land for land arrangement, the DCCSC is aware of the difficulties in the search for replacement land. Thus, cash compensation shall be prioritized for compensation for productive land. Assets upon land will be compensated in cash at the rate specified in the RCS report. Assistances for the APs consist of: (i) (ii) (iii) Assistance for job training and job transition for those whose agricultural land is affected; Assistance for life and production stabilization; Bonus for handing-over land on time; The matrix below provides details of compensation and assistance for affected land and non-land assets: ENTITLEMENTS 24

28 Type of Impact/Loss 1. Agricultural land loss 1.1 Severe loss (losing more from than 10% of total agricultural land holding) 23 AHs Owners eligible allocated; 2. Loss of crops and trees 2.1 Affected annual crops and perennial trees AHs Eligibility with LURC or to have LURC and those covered by customary rights such as members of ethnic minority groups Owners of annual crops and perennial trees Table 8: Entitlement Matrix Entitlements applied in the 2010 Updated REMDP Addendum REMDP for Vinh Entitlements Phuc Province Cash compensation at replacement cost (free from transfer cost) for the entire land, or land-for-land of equivalent area and productive conditions. Assistances: as specified in item 3.1 Entitled to take part in the income restoration program AHs to be notified at least 4 months prior to the date that the land will actually be acquired by the Project For annual crops, compensation is calculated equivalent to the highest yield of the crops within 3 recent years, multiplied by the market price at the time of As priority, land for land compensation for the affected land (same area, production conditions and distance) with LURC. If land is unavailable in the local for compensation, cash compensation at replacement cost shall be made for the affected area; Assistance for severe impacts (see item 3.1) Entitled to take part in the income restoration program For annual crops, compensation is calculated equivalent to the highest yield of the crops within 3 recent years, multiplied by the market price at the time of compensation. Implementation issues Compensation at replacement cost ENTITLEMENTS 25

29 Type of Impact/Loss 3 Assistances 3.1 Loss of income/ livelihood due to agricultural land loss 111 AHs Households Eligibility agricultural land losing 2010 Updated REMDP Entitlements compensation. Transition subsistence allowance: Households whose agricultural land and forest land are allocated as per Decree No. 64/1993/NĐ- CP dated 27/9/1993, Decree No. 02/1994/NĐ-CP dated 5/1/1994, Decree No. 85/1999/NĐ-CP dated 28/8/1999, Decree No.163/1999/NĐ-CP dated 16/11/1999, Decree No. 181/2004/NĐ-CP dated 29/10/2004 by the Government, in the event of land acquisition by the State, are entitled to cash assistance for life stabilization equivalent to VND 15,000 /m 2 of agriculture land and Entitlements applied in the Addendum REMDP for Vinh Phuc Province Decision No. 35/2014/QĐ-UBND of Vinh Phuc PPC: Entitled to assistance for stabilization of life and production: - For households losing from 30% to 70% of total agricultural landholding: cash assistance for 06 months if not required to relocate; - For households losing from more than 70% of total agricultural landholding, cash assistance for 12 months if not required to relocate; If affected households and individuals do not receive cash assistance as specified above but opt to receive cash assistance calculated by area (m 2 ) of acquired land, they are Implementation issues ENTITLEMENTS 26

30 Type of Impact/Loss Eligibility Households having agricultural land affected (111 households) 2010 Updated REMDP Entitlements aquaculture land. Assistance for job transition: Households and individuals who are cultivating on the agricultural land allocated by the State under Decree no. 64/1993/NĐ-CP dated 27/9/1993, Decree no. Entitlements applied in the Addendum REMDP for Vinh Phuc Province entitled to the assistance as follows: (similar to assistance for AHs losing less than 30% of total agricultural land holding): - Agricultural land and aquaculture land: assistance of VND 15,000/m 2 if not required to relocate; Acquired land area entitled to assistance for stabilization of life and production is determined according to each separate land acquisition decision issued by competent authorities and will not be accumulated. Decision 35/2014/QĐ- UBND of Vinh Phuc PPC: Entitled to assistance for job training and job transition: Cash assistance equivalent to 2.5 times the price of acquired land but not exceed local quota of agricultural land allocation. Implementation issues 111 AHs losing their land are entitled to assistance for job training and job transition equivalent to 2.5 times the price of acquired land ENTITLEMENTS 27

31 Type of Impact/Loss Eligibility 2010 Updated REMDP Entitlements Entitlements applied in the Addendum REMDP for Vinh Phuc Province Implementation issues 02/1994/NĐ-CP dated 5/1/1994, Decree no. 85/1999/NĐ-CP dated 28/8/1999, Decree no. 163/19999/NĐ-CP dated 16/11/1999, Decree no. 181/2004/NĐ-CP dated 29/10/2004 are entitled to cash assistance equivalent to 2 times the price of acquired agricultural land. Severely affected Other assistances: Other assistances: 23 severely affected households Entitled to take part in the Entitled to take part in the households who were income restoration program income restoration program severely affected by the Entitled to take part in Entitled to take part in vocational first land acquisition and vocational training at no cost training at no cost in provincial already participated in in provincial vocational vocational schools the income restoration schools program. 3.2 Bonus for Affected households Assistance as follows: Decision No. 35/2014/QĐ-UBND AHs will receive handing-over who received full - Cash assistance of VND of Vinh Phuc PPC: bonus for handing-over affected land compensation and 2,000/m 2 for annual crops Assistance as follows: land on time of VND on time assistance and handed over the affected land land, perennial trees land, aquaculture land and - Cash assistance of VND 2,000 /m 2 for annual crops land, 2,000/m 2 for annual crops land. ENTITLEMENTS 28

32 Type of Impact/Loss Eligibility 2010 Updated REMDP Entitlements Entitlements applied in the Addendum REMDP for Vinh Phuc Province Implementation issues on time productive forest land. - Cash assistance of VND 1,000/m 2 for the remaining agricultural land; - Cash assistance of VND 20,000/m 2 for residential land; - Cash assistance of VND 2,000,000/ household for those who have to perennial trees land, aquaculture land and productive forest land. - Cash assistance of VND 1,000/m 2 for other types of agricultural land; - Cash assistance of VND 20,000 /m 2 for residential land; - Cash assistance of VND 2,000,000/household for those who have to relocate. relocate.. ENTITLEMENTS 29

33 I. LIVELIHOODS AND INCOME RESTORATION According to the consultations with local authorities and the AHs, 35 severely AHs and vulnerable households who were affected by the first land acquisition already took part in the project income restoration program. Therefore, the income restoration program is not required for this additional land acquisition. LIVELIHOODS AND INCOME RESTORATION 30

34 J. COSTS AND BUDGET Funds for the implementation of the Addendum REMDP are part of the overall Project budget. Costs are based on the results of the DMS and on prevailing rates as of October 2017 á per results of the replacement cost study (RCS). VEC will secure funds to implement the Addendum REMDP. Funds for compensation and other entitlements will be forwarded to the Province Committee for Compensation, Assistance, and Resettlement (PCCSC), through the Province People s Committee (PPC). As per agreed disbursement schedule, the NEPMU, assisted by the DCCSC and commune officials, will deliver the compensation and other entitlements to the AHs. Payment of compensation and other entitlements, except for land-for-land arrangements, will be in cash and will be given at the CPC office. The AHs will be notified two weeks in advance of the schedule of payment of compensation and other entitlements. The AHs will be advised to bring with them identification documents (such as LURC, Identification card, household registration book, DMS record, Agreement Compensation Form, etc.) when claiming their compensation and other entitlements. If the AH is unavailable on the scheduled date of payment, he/she will inform local authorities as soon as possible with a written authorization for a representative to claim the same on his/her behalf. Alternatively, said AH may request to reschedule a later date for him/her to claim payment. VEC, in consultation with the Ministry of Transport and the Ministry of Finance, will determine the annual inflation rate and will ensure that adjustments are made in compensation rates and other cash entitlements to reflect current market rates. Administration and contingency costs represent 2% of the total costs of compensation and other entitlements. The Ministry of Finance will ensure that adequate funds are made available as and when necessary for the efficient and timely implementation of the Addendum REMDP. Total estimated costs of compensation and assistance for the lands and assets upon land affected due to this additional land acquisition is VND 3,480,183,135 ($153,009). COSTS AND BUDGET 31

35 Table 9: Estimated costs of compensation and assistance for Song Lo District No. Item Unit Quantity Unit price Amount (VND) 1 Land 874,857,500 Paddy land belonging to households (Fund I) m 2 15, , ,857,500 2 Crops 79,532,500 Crops m 2 15, ,000 79,532,500 3 Assistances 2,457,554,250 Assistance for job transition and job creation (2.5 times price of land) Assistance life and production stabilization (VND 15,000/m 2 ) Bonus for handing over land on time (VND 2,000/m 2 ) HH 111 m 2 15,906.5 HH 111 m 2 15,906.5 HH 111 m 2 15, ,500 2,187,143,750 15, ,597,500 2,000 31,813,000 4 Income program restoration HH 0 Total = (1) + (2) + (3) + (4) 3,411,944,250 Administration cost (2%) 68,238,885 GRAND TOTAL VND 3,480,183,135 USD 153,009 COSTS AND BUDGET

36 K. INSTITUTIONAL ARRANGEMENTS 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 monitoring. VEC has the following key responsibilities: Preparation, securing ADB s concurrence, 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 are available in a timely manner and in sufficient amounts; Assisting in the resolution of grievances and complaints of the AHs (if any). NEPMU has been created specifically to oversee the planning and implementation of the Noi Bai Lao Cai Highway Project. The abovementioned tasks are included in the functions of the NEPMU. Technical and administrative personnel from various VEC divisions have been seconded to the NEPMU. The detailed responsibilities of the NEPMU are stated in the updated REMDP. The Provincial People s Committee (PPC) is overall responsible for compensation and assistance activities in the Province. The compensation and assistance 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 Province Committee for Compensation and Site Clearance (PCCSC), which is headed by the PPC vice chairman, includes the officers of the Finance Department; the Natural Resources and Environment Department; Transport Department; Agriculture Department; and VEC, in addition to the representatives of the provincial Farmers Association, and Women s Union. The PCCSC was established in Vinh Phuc Province under PPC s Decision No.2464/QD-CT, dated 07/09/2007, and referred to as Steering Committee. The main responsibilities of the PSSCS are the following: Coordinate, supervise and manage resettlement activities with the DCCSC and CPC; Spearhead the implementation of the DMS; Review the Addendum REMDP for endorsement to the PPC; Oversee the implementation of the Addendum REMDP. Vinh Phuc Transport Work Project Management Unit 2 (TWPMU2) under Vinh Phuc Department of Transport has been established under Decision No.131/QĐ-CT dated 18/01/2008 by Vinh Phuc PPC. The key responsibilities of the TWPMU2 are the following: Implementation of compensation, assistance and resettlement in order to hand over the affected lands to VEC for carrying out the Project; INSTITUTIONAL ARRANGEMENTS 33

37 Preparation of a detailed schedule of land acquisition, assigning detailed tasks to members of concerned units; District People s Committee The primary resettlement tasks of the DPC are the following: Establish the 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 CPCs and relevant stakeholders. Review and endorse the Addendum REMDP to the PPC. District Committee for Compensation and Site Clearance The vice chairman of the Song Lo DPC heads the Song Lo DCCSC, and under the DCCSC is the RTF. Its members come from government district offices, in addition to representatives of the cadastral office, the local police of commune, and village leaders. The main responsibilities of the DCCSC and RTF are the following: Plan, organize and carry out the compensation, assistance and resettlement activities in the district on behalf of the Vinh Phuc TWPMU2, PCCSC and VEC; Assist the PCCSC in DMS, consultation and disclosure activities; Organize the data for updating the REMDP by the Technical Assistance Loan Consultants for review and approval by the DPC; Assist the CPC in the identification and allocation of replacement land to eligible AHs; Along with the CPC, assist the PCCSC in the timely delivery of compensation and other entitlements to the AHs; Assist in the resolution of grievances. The responsibilities of the Commune People s Committee (CPC) relative to land acquisition, assistance and resettlement include the following: Assign commune officials to assist DCCSC, RTF and PCCSC in the updating of the REMDP and Addendum REMDP and its implementation. Identify replacement land for the AHs. Sign the Agreement Compensation Forms with the AHs. Assist in the resolution of grievances. Project Supervision Consultant (PSC) has been mobilized in the latter part of 2009, the responsibilities of the PSC are the same as its predecessor. The PSC will also set up a resettlement team. The PSC will ensure that there is close collaboration and coordination between the resettlement team and the group responsible for income restoration. The resettlement tasks of the PSC include the following: Review and assess the capacity of relevant institutions at the central and project levels, including the training and capacity building activities provided during the Technical Assistance Loan, and continue to implement necessary training and capacity-building interventions. Review and assess the consultation and disclosure activities that were carried out earlier, and revise the approach in consultation and disclosure as necessary to INSTITUTIONAL ARRANGEMENTS 34

38 ensure the continuing and active involvement of the AHs and all stakeholders in a transparent way. Assist in the updating of replacement costs, as required, during resettlement implementation. Assist district authorities in the implementation of the income restoration program; review its implementation and provide advice, as needed. Assist the PCCSC/DCCSC in the implementation of the ethnic minority and gender strategies as enunciated in the agreed 2010 Updated REMDP. Coordinate with the External Monitoring Agency (EMA), ensuring that its findings and recommendations are discussed with VEC and the PCCSC/DCCSC for appropriate action. Assist VEC in the preparation of quarterly progress reports on resettlement, including the preparation of a Resettlement Completion Report. The Resettlement Completion 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, and ADB Review mission Aide Memoires and Memoranda of Understanding. INSTITUTIONAL ARRANGEMENTS 35

39 L. IMPLEMENTATION AND MONITORING SCHEDULE The table below summarizes the various activities associated with the preparation and implementation of the Addendum REMDP. Table 10: Schedule for implementation of the Addendum REMDP for Song Lo District Activities Schedule Conducting DMS August 2017 Preparation of the Addendum REMDP October 2017 Submitting Addendum REMDP to ADB and December 2017 finalizing the Addendum REMDP according to ADB comments Issuance of decision on land acquisition December 2017 and approval of the compensation plan by the DPC Payment of compensation and assistance December 2017 to affected households Internal monitoring On-going External monitoring On-going The implementation of the Addendum REMDP will be monitored regularly to ensure that it is implemented as planned and that mitigating measures designed to address the Project s adverse social impacts are adequate and effective. In order to achieve the aforementioned objectives, the monitoring of the Addendum REMDP implementation will be consistent with the agreed 2010 Updated REMDP. IMPLEMENTATION AND MONITORING SCHEDULE 36

40 Appendix 1: List of consulted persons APPENDICES No. Full name Position Workplace Representatives of Duc Bac CPC Song Lo District 1 Le Ngoc Anh Chairman of CPC Duc Bac Commune 2 Bui Anh Dung 3 Hoang Thi Nguyen Chairman of Fatherland Front Committee Chairwoman of Women s Union Duc Bac Commune Duc Bac Commune 4 Khong Minh Cong Cadastral officer Duc Bac Commune 5 Nguyen Van Hai Head of Giap Thuong Village Duc Bac Commune 6 Tran Ngoc Kim Head of Giap Trung Village Duc Bac Commune 7 Do Van Thuan Head of Khoai Trung Village Duc Bac Commune 8 Hoang Van Toan Head of Duong Tho Village Duc Bac Commune 9 Tran Van Chich Head of Thuong Trung Village Representatives of AHs Duc Bac Commune Duc Bac Commune 10 Le Van Chuat Affected person Giap Thuong Village 11 Le Khac Dong Affected person Giap Thuong Village 12 Nguyen Van Chung Affected person Giap Thuong Village 13 Nguyen Thi Nga Affected person Giap Thuong Village 14 Tran Quang Khai Affected person Giap Thuong Village 15 Trieu Trung Thanh Affected person Giap Thuong Village 16 Trieu Quoc Khanh Affected person Giap Thuong Village 17 Nguyen Viet Tien Affected person Giap Thuong Village 18 Le Thi Quat Affected person Giap Thuong Village 19 Nguyen Xuan Doan Affected person Giap Thuong Village 20 Le Van Sau Affected person Giap Thuong Village 21 Nguyen Xuan Vy Affected person Giap Thuong Village 22 Nguyen Thi Khanh Affected person Giap Thuong Village 23 Le Thi Hoi Affected person Giap Thuong Village 24 Bui Thi Tho Affected person Giap Thuong Village 25 Luu Van Vien Affected person Giap Thuong Village 26 Nguyen Tien Dung Affected person Giap Thuong Village APPENDICES 37

41 No. Full name Position Workplace 27 Le Xuan Tu Affected person Giap Thuong Village 28 Tran Van Trong Affected person Giap Thuong Village 29 Tran Van Thang Affected person Giap Thuong Village 30 Hoang Thi Lai Affected person Giap Thuong Village 31 Nguyen Van To Affected person Giap Thuong Village 32 Bui Van Mao Affected person Giap Thuong Village 33 Le Khac Khe Affected person Giap Thuong Village 34 Le Thi Canh Affected person Giap Thuong Village 35 Nguyen Thi Dan Affected person Giap Thuong Village 36 Le Van Phat Affected person Giap Thuong Village 37 Nguyen Van Ha Affected person Giap Trung Village 38 Hoang Kim Chi Affected person Giap Trung Village 39 Le Khac Khuong Affected person Giap Trung Village 40 Ta Van Phuong Affected person Giap Trung Village 41 Luu Van Yen Affected person Giap Trung Village 42 Le Thi Diem Affected person Giap Trung Village 43 Nguyen Thi Lan Affected person Giap Trung Village 44 Hoàng Thi Ky Affected person Giap Trung Village 45 Trieu Tuyen Quy Affected person Giap Trung Village 46 Le Thi Ny Affected person Giap Trung Village 47 Trieu Tien Sy Affected person Giap Trung Village 48 Hoang Thi Xay Affected person Giap Trung Village 49 Hoang Van Ky Affected person Giap Trung Village 50 Hoang Van Lap Affected person Giap Trung Village 51 Nguyen Van Hong Affected person Giap Trung Village 52 Nguyen Van Ninh Affected person Giap Trung Village 53 Nguyen Van Nam Affected person Giap Trung Village 54 Nguyen Thi Ho Affected person Giap Trung Village 55 Luu Thi Phuong Affected person Giap Trung Village 56 Luu Van Tinh Affected person Giap Trung Village 57 Hoang Van Tu Affected person Giap Trung Village 58 Trieu Thi Kim Affected person Giap Trung Village 59 Le Thi Do Affected person Giap Trung Village 60 Nguyen Van Ngu Affected person Giap Trung Village 61 Nguyen Thi Cu Affected person Giap Trung Village APPENDICES 38

42 No. Full name Position Workplace 62 Tran Van Phuong Affected person Giap Trung Village 63 Phan Thi Tan Affected person Giap Trung Village 64 Nguyen Thi Cuu Affected person Giap Trung Village 65 Le Thi Hiep Affected person Giap Trung Village 66 Le Thi Cui Affected person Giap Trung Village 67 Trieu Kim Tuyen Affected person Giap Trung Village 68 Le Thi Chinh Affected person Giap Trung Village APPENDICES 39

43 Appendix 2: List of people consulted during the replacement cost study implementation No. Full name Position Workplace/ Address 1 Le Ngoc Anh Chairman Duc Bac CPC 2 Khong Minh Cong Cadastral officer Duc Bac CPC 3 Nguyen Van Hai Village head Giap Thuong Village Duc Bac Commune 4 Tran Ngoc Kim Village head Giap Trung Village Duc Bac Commune 5 Le Thi Quat Affected household Giap Thuong Village Duc Bac Commune 6 Nguyen Xuan Doan Affected household Giap Thuong Village Duc Bac Commune 7 Le Van Sau Affected household Giap Thuong Village Duc Bac Commune 8 Nguyen Xuan Vy Affected household Giap Thuong Village Duc Bac Commune 9 Hoang Van Lap Affected household Giap Trung Village Duc Bac Commune 10 Nguyen Van Hong Affected household Giap Trung Village- Duc Bac Commune 11 Nguyen Van Ninh Affected household Giap Trung Village- Duc Bac Commune 12 Nguyen Van Nam Affected household Giap Trung Village- Duc Bac Commune 13 Trieu Thi Kim Affected household Giap Trung Village- Duc Bac Commune 14 Le Thi Trang Unaffected household 15 Nguyen Van Thuc Unaffected household 16 Vu Doan Khanh Unaffected household 17 Tran Van Yen Unaffected household 18 Nguyen Thai Hoa Unaffected household Giap Trung Village Duc Bac Commune Giap Trung Village Duc Bac Commune Giap Thuong Village Duc Bac Commune Giap Thuong Village Duc Bac Commune Giap Thuong Village Duc Bac Commune APPENDICES 40

44 Appendix 3: Scope of additional land acquisition disaggregated by household in Duc Bac Commune - Song Lo District [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 42

46 Appendix 4: Project Information Booklet Socialist Republic of Vietnam Vietnam Expressway Corporation (VEC) NOI BAI LAO CAI HIGHWAY PROJECT PROJECT INFORMATION BOOKLET Song Lo District Vinh Phuc Province Introduction of Noi Bai Lao Cai Highway Project GMS: Kunming-Haiphong Transport Corridor - Noi Bai-Lao Cai Highway Project (hereinafter referred to as the Project) is located within the 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 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. This highway is aimed at not only economic-social development and national defense safety in general, but also at population restructure at right side of Red river, the North-Western region in particular, giving momentum for economic restructure of ethnic minority groups. Furthermore, the Project highway will create a linkage between economic centers, industrial zones, tourism and entertainment centers in the Northern region. The Noi Bai Lao Cai highway goes through 4 communes of Cao Phong, Dong Thinh, Duc Bac and Tu Yen in Song Lo District with the total length of 5.725km. The section through Duc Bac Commune has the length of 2.357km. Scope of additional acquisition of land and other assets for the Project Due to impacts of landslides and innudation when the highway is operated, a certain area of land in Giap Trung and Giap Thuong Village in Duc Bac Commune, Song Lo District is incapable of being cultivated. The local authorities sent written request to VEC to additionally acquire the affected land. Thus, this Addendum REMDP has been prepared for additional land acquisition in Song Lo District. Detailed Measurement Survey (DMS) for additional impacts was conducted in August 2017 which defined an area of 15,906.5 m 2 land in Song Lo District requiring additional acquisition. The affected land area is paddy land of households (all of them have LURC). There is a total of 111 affected households (490 persons), of which 79 households (339 persons) were affected by the previous land acquisition of the Project and 32 households (151 persons) are newly affected by the additional land acquisition. According to the DMS results, no structures, public assets and business activities are affected by this additional land acquisition. APPENDICES 43

47 Summary of impacts by additional land acquisition in Song Lo District Land Agricultural Items Area (m 2 )/ Quantity Agricultural land owned by AHs No. of AHs No. of APs 15, Nonagricultural Various types Others Various types Non-land assets No. of AHs Crops 15, Trees Houses and other structures Others AHs having agricultural land affected AHs having to relocate 0 0 AHs having business affected 0 0 Losing from more than 10% of productive land (affected by the previous land acquisition) Vulnerable households who were affected by the previous land acquisition Vulnerable households who are newly affected APPENDICES 44

48 Entitlement matrix Type of Impact/Loss Eligibility 2010 Updated REMDP Entitlements Entitlements applied in the Addendum REMDP for Vinh Phuc Province Implementation issues 1. Agricultural land loss 1.1 Severe loss Owners with LURC Cash compensation at As priority, land for land Compensation (losing from or eligible to have replacement cost (free from compensation for the affected land at replacement more than LURC allocated; transfer cost) for the entire land, (same area, production conditions and cost 10% of total and those covered or land-for-land of equivalent distance) with LURC. If land is agricultural by customary rights area and productive conditions. unavailable in the local for land holding) 23 AHs such as members of ethnic groups minority Assistances: as specified in item 3.1 Entitled to take part in the compensation, cash compensation at replacement cost shall be made for the affected area; income restoration program Assistance for severe impacts (see AHs to be notified at least 4 item 3.1) months prior to the date that the land will actually be acquired by Entitled to take part in the income restoration program the Project 2. Loss of crops and trees 2.1 Affected Owners of annual For annual crops, For annual crops, compensation is annual crops and perennial crops and perennial trees compensation is calculated equivalent to the highest yield of calculated equivalent to the highest yield of the crops within 3 recent years, trees the crops within 3 recent years, multiplied by the market price at the time AHs multiplied by the market price at of compensation. the time of compensation. 3 Assistances APPENDICES 45

49 Type of Impact/Loss Eligibility 2010 Updated REMDP Entitlements Entitlements applied in the Addendum REMDP for Vinh Phuc Province Implementation issues 3.1 Loss of Households losing Transition subsistence Decision No. 35/2014/QĐ-UBND of Vinh income/ agricultural land allowance: Households whose Phuc PPC: livelihood due agricultural land and forest land Entitled to assistance for stabilization to agricultural are allocated as per Decree No. of life and production: land loss 64/1993/NĐ-CP dated 27/9/1993, - For households losing from 30% to 111 AHs Decree No. 02/1994/NĐ-CP 70% of total agricultural landholding: dated 5/1/1994, Decree No. cash assistance for 06 months if 85/1999/NĐ-CP dated 28/8/1999, not required to relocate; Decree No.163/1999/NĐ-CP - For households losing from more dated 16/11/1999, Decree No. than 70% of total agricultural 181/2004/NĐ-CP dated landholding, cash assistance for 12 29/10/2004 by the Government, in the event of land acquisition by months if not required to relocate; If affected households and individuals the State, are entitled to cash do not receive cash assistance as assistance for life stabilization specified above but opt to receive cash equivalent to VND 15,000 /m 2 of assistance calculated by area (m 2 ) of agriculture land and aquaculture acquired land, they are entitled to the land. assistance as follows: (similar to assistance for AHs losing less than 30% of total agricultural land holding): - Agricultural land and aquaculture land: assistance of VND 15,000/m 2 if not required to relocate; Acquired land area entitled to assistance APPENDICES 46

50 Type of Impact/Loss Eligibility Households having agricultural land affected (111 households) Severely affected households 2010 Updated REMDP Entitlements Assistance for job transition: Households and individuals who are cultivating on the agricultural land allocated by the State under Decree no. 64/1993/NĐ-CP dated 27/9/1993, Decree no. 02/1994/NĐ-CP dated 5/1/1994, Decree no. 85/1999/NĐ-CP dated 28/8/1999, Decree no. 163/19999/NĐ-CP dated 16/11/1999, Decree no. 181/2004/NĐ-CP dated 29/10/2004 are entitled to cash assistance equivalent to 2 times the price of acquired agricultural land. Other assistances: Entitled to take part in the income restoration program Entitlements applied in the Addendum REMDP for Vinh Phuc Province for stabilization of life and production is determined according to each separate land acquisition decision issued by competent authorities and will not be accumulated. Decision 35/2014/QĐ- UBND of Vinh Phuc PPC: Entitled to assistance for job training and job transition: Cash assistance equivalent to 2.5 times the price of acquired land but not exceed local quota of agricultural land allocation. Other assistances: Entitled to take part in the income restoration program Implementation issues 111 AHs losing their land are entitled to assistance for job training and job transition equivalent to 2.5 times the price of acquired land 23 severely affected households who APPENDICES 47

51 Type of Impact/Loss Eligibility 2010 Updated REMDP Entitlements Entitlements applied in the Addendum REMDP for Vinh Phuc Province Implementation issues Entitled to take part in vocational Entitled to take part in vocational were severely training at no cost in provincial training at no cost in provincial affected by the vocational schools vocational schools first land acquisition and already participated in the income restoration program. 3.2 Bonus for Affected households Assistance as follows: Decision No. 35/2014/QĐ-UBND of Vinh AHs will handing-over who received full - Cash assistance of VND Phuc PPC: receive bonus for affected land compensation and 2,000/m 2 for annual crops land, Assistance as follows: handing-over on time assistance and handed over the affected land on time perennial trees land, aquaculture land and productive forest land. - Cash assistance of VND 1,000/m 2 for the remaining agricultural land; - Cash assistance of VND 20,000/m 2 for residential land; - Cash assistance of VND 2,000,000/ household for those who have to relocate. - Cash assistance of VND 2,000 /m 2 for annual crops land, perennial trees land, aquaculture land and productive forest land. - Cash assistance of VND 1,000/m 2 for other types of agricultural land; - Cash assistance of VND 20,000 /m 2 for residential land; - Cash assistance of VND 2,000,000/household for those who have to relocate. land on time of VND 2,000 /m 2 for annual crops land. APPENDICES 48

52 Implementation Schedule Activities Schedule Conducting DMS August 2017 Preparation of the Addendum REMDP October 2017 Submitting Addendum REMDP to ADB and December 2017 finalizing the Addendum REMDP according to ADB comments Issuance of decision on land acquisition December 2017 and approval of the compensation plan by the DPC Payment of compensation and assistance December 2017 to affected households Internal monitoring On-going External monitoring On-going 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 could 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 Commune People s Committee, either through the Village Chief or directly to the CPC, in writing or verbally. 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 file 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 verbally, 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 file of all complaints that it handles. Third Stage, Provincial 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 verbally, 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 file of all complaints that reaches the same. Final Stage: the Court of Law Arbitrates 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 APPENDICES 49

53 circumstance will the AH be evicted from its property or for the Government to take over its property without the explicit permission of the court. Where can AHs get more project-related information? A summary of the Addendum REMDP detailing project entitlements and compensation unit prices will be available at Duc Bac CPC office and other public places. Who can AHs contact for any questions or concerns about the Project? Mr. Dao Quang Tuan Director of NEPMU under VEC; Phone number: Mr. Kieu Van Xuan Director of Vinh Phuc TWPMU2; Phone number: APPENDICES 50

54 Appendix 5: Minutes of public consultative meeting and List of participants MINUTES OF PUBLIC CONSULTATION ON LAND ACQUISITION, COMPENSATION, ASSISTANCE AND RESETTLEMENT I. PARTICIPANTS: NOI BAI LAO CAI HIGHWAY PROJECT Duc Bac Commune, Song Lo District, Vinh Phuc Province 1. Nguyen Van Toan Representative of NEPMU Representatives of local authorities and mass organizations in Duc Bac Commune 1. Le Ngoc Anh CPC chairman 2. Khong Minh Cong Cadastral officer 3. Bui Anh Dung Chairman of Fatherland Front Committee Local people in the project area in Duc Bac 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 19 October Project policies on compensation, assistance and resettlement according to Project information booklet - Grievance redress mechanism 2. NEPMU provides representatives of local authorities and of mass organizations with the following documents: a. Summary of scope of project impacts based on IOL results b. Project information booklet (PIB) 3. Participants raise their opinions III. CONSULTING RESULTS 1. Regarding scope of project impacts About 1.6 ha of land in the commune will be additionally acquired because it is no longer cultivable due to inundation. The land area was measured and has been under consideration for eligibility. In addition, VEC has been requested to support for leveling an area of 1.6 ha of land (in Duong Tho, Thuong Trung, Khoai Trung and Giap Trung Villages) affected by mud deposit since 2012 so that local people could continue their cultivation on that land. 2. Regarding project policies on compensation and assistance APPENDICES 51

55 Local people accepted the project compensation unit price as specified in the proposed compensation plan 3. Regarding income restoration and livelihood development activities If the households who are newly affected (affected by the Project for the first time) are severely affected or vulnerable, they will be entitled to take part in the income restoration program. The households who were marginally affected by the previous land acquisition are now severely affected by this additional land acquisition will also be entitled to take part in the income restoration program. 4. Project implementation and Grievance redress mechanism All grievances related to the Project will be resolved in compliance with the grievance redress mechanism that was disclosed to affected people and envisaged in the agreed REMDP. 5. Other issues The meeting finished at. the same day. Representatives of local authorities, village heads, and representatives of mass organizations and of affected households participating in the meeting read and agreed with the contents of the meeting minutes and signed herein below. Representative of CPC (signed and sealed) CHAIRMAN Le Ngoc Anh Representative of mass organizations Representative of village heads Chairman of Fatherland Front Committee Bui Anh Dung APPENDICES 52

56 APPENDICES 53

57 APPENDICES 54

58 Appendix 6: Photos of public consultations during the preparation of the Addendum REMDP APPENDICES 55