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Resettlement Due Diligence Report

September 2016

VIE: GMS Kunming-Haiphong Transport Corridor

Noi Bai-Lao Cai Highway Project

Prepared by Vietnam Expressway Corporation for the Asian Development Bank.

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This resettlement due diligence 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. Your attention is directed to the “terms of use” section of

this website.

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

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

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

status of any territory or area.

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Vietnam Expressway Corporation

KUNMING-HAIPHONG TRANSPORT CORRIDOR

NOI BAI - LAO CAI HIGHWAY PROJECT

Due Diligence Report on Compensation for the Household

Yen Bai City, Yen Bai Province

September 2016

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ABBREVIATIONS

ADB Asian Development Bank

AH Affected household

AP Affected person

CCSC Committee for Compensation and Site Clearance

CPC Communal People’s Committee

DMS Detailed Measurement Survey

DPC District Peoples’ Committee

GMS Greater Mekong Subregion

HH Household

LARPMU Land acquisition and Resettlement Project management unit

LURC Land Use Rights Certificate

NBLCEPMU Noi Bai – Lao Cai Expressway Project Management Unit

PC People’s Committee

PCCSC Province Committee for Compensation and Site Clearance

PPC Provincial Peoples’ Committee

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TABLE OF CONTENTS

I. PROJECT BACKGROUND .......................................................................................... 3

II. SCOPE OF LAND ACQUISITION IMPACT .................................................................. 3

III. POLICY AND LEGAL FRAMEWORK ........................................................................... 4

IV. METHODOLOGY OF DUE DILIGENCE ....................................................................... 6

V. FINDINGS OF THE DUE DILIGENCE .......................................................................... 7

APPENDICES ................................................................................................................. 12

Appendix 1: List of Consulted persons ......................................................................... 12

Appendix 2: Minutes of consultation meeting with local authorities .............................. 13

Appendix 3: Photos of consultation and interview ........................................................ 19

LIST OF TABLES

Table 1: Compensation unit rates ...................................................................................... 8

Table 2: Cost of compensation and assistance paid to the affected household ................. 9

Table 3: Gaps of implemented land acquisition and resettlement with Government’s

Regulations ....................................................................................................................... 9

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I. PROJECT BACKGROUND

The Asian Development Bank (ADB) on 14 December 2007 approved a loan of

$1,096 million to help finance the GMS: Kunming-Hai Phong Transport Corridor: Noi Bai-

Lao Cai Highway Project (the “Project”). The Vietnam Expressway Corporation (VEC)

of the Ministry of Transport (MOT) is the Executing Agency. The Project highway has

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

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

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

Cai Province.

The project construction is divided into 2 phases: Phase 1: (i) Construction of Noi Bai –

Yen Bai section with 4 lanes with the total length of 121km; and (ii) Construction of Yen

Bai – Lao Cai section with 2 lanes with the total length of 123km. Phase 2: Widening of

Hanoi – Yen Bai section and Yen Bai – Lao Cai section constructed in phase 1: (i)

Widening Noi Bai – Yen Bai section from 4 lanes into 6 lanes; (ii) Widening Yen Bai – Lao

Cai section from 2 lanes into 4 lanes; (iii) Construction of the last 20km of the Project

highway, connecting Noi Bai – Lao Cai Highway and Kunming – Hekou Highway.Total

length of Noi Bai – Lao Cai Expressway passing Yen Bai city is 5.633km (from Km 118 +

127 to Km 123 + 850) in the area of 02 wards of Hop Minh and Au Lau.

Location of the additional land acquisition is at Km119+350 in Hop Minh ward - Yen Bai

city. The additional site clearance will permanently recover an area of 1,025.8 m2 of one

household (HH) and the traffic land managed by Hop Minh WPC. In addition, in the

process of the construction, the contractor may negotiate with households to temporarily

use their land for the construction of worker camps or gathering building materials.

Although the temporary impacts are not significant as the adjustment is relatively minor,

they still can affect the production activities of the neighboring HHs.

The frontage road connecting with the underpass culvert at Km 119+350 will be

constructed to facilitate traffic. In design of the demarcation for site clearance for

additional land acquisition, the contractor, PSC have consulted with local authorities and

affected HH to minimize the additional land acquisition. Scope of the additional land

acquisition is suitable with the construction location and area of frontage road connecting

with the underpass culvert.

The objectives of the Resettlement Due Diligence (RDD) are to examine (i) the

compliance of land acquisition, compensation, assistances and resettlement with the

provisions of national laws and regulations; (ii) the requirements of the ADB Safeguard

Policy Statement; (iii) aspects where significant discrepancies exist between the observed

outcomes of the land acquisition, compensation, assistances and resettlement

implementation and the objectives of ADB Safeguard Policy Statement (SPS, 2009).

II. SCOPE OF LAND ACQUISITION IMPACT

Additional Land Required. During the implementation of Noi Bai - Lao Cai Highway

Project- section passing Hop Minh ward, Yen Bai city, there have incurred some

shortcomings relating to the frontage road and underpass culvert. On 07 May 2014,

People’s Committee of Hop Minh Ward sent Document No. 20/UBND to VEC on

complementing the frontage road connecting with the underpass culvert at the chainage

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Km 119 + 350. NBLCEPMU had meetings with the Centre for Land Fund Development of

Yen Bai city, People's Committee of Hop Minh ward, PSC and contractor about

agreement on some contents related to the additional land acquisition in the area of Hop

Minh ward.

After the agreement was reached upon the contents of additional land acquisition for the

frontage road connecting with the underpass culvert among the local government, staffs of

NBLCEPMU and PSC, the design document of the site clearance demarcation was

approved by NBLCEPMU and PSC. VEC, on 30th March 2015, approved the design

document of the additional site clearance demarcation for the scope of frontage road

connecting with the underpass culvert at Km 119 + 350, according to the contents of the

Submission No. 183/TTr- EPMUNBLC dated 16th March 2015 of NBLCEPMU.

In the process of designing the additional site clearance demarcation, VEC and the

concerned stakeholders consulted with the local government to minimize the additional

land acquisition. Location of the additional land acquisition in Hop Minh ward, Yen Bai city

and the approval design document is referred to VEC Decision No. 207/QD-VEC dated 30

March 2015 Re: Additional site clearance for frontage road at Km 119+350 in Hop Minh

Ward, Yen Bai City.

Impacts on Land and Trees. The additional land acquisition will affect 01 HH (02

persons) in Hop Minh ward. This household is affected by the Project’s the land

acquisition for the first time. His land is classified as productive forest land. The area to be

acquired is 977 m2. The household has land use rights certificate (LURC). Impact on the

household is marginal because they have 15,000 m2 of productive forest land for

perennial plants and 306 m2 of paddy land. The affected land is about 6.4% of his total

productive landholding. The affected trees owned by the household Bat Do bamboo shoot

(5 clumps) and 232 acacia trees. There are no structures affected. Traffic land managed

by Hop Minh WPC will also be affected. The area to be acquired is 48.8 m2 of traffic land.

The affected HH belongs to the Kinh ethnic group. The household is headed by an elderly

who lives with his wife (both are over 80). The household’s main source of income is from

pension and secondary source of income is from the agricultural production and

remittance from their children. They have an estimated monthly income of VND 1.75

million while monthly expenditure is at VND 950,000. They may be considered vulnerable

(elderly) but given their current socio-economic condition, support from family, and the

marginal impact on their productive land; it will not greatly affect them socially or

economically and cannot be considered as vulnerable based on the criteria set for this

Project.

III. POLICY AND LEGAL FRAMEWORK

Resettlement Policy Framework for Noi Bai - Lao Cai Highway Project on land acquisition,

resettlement was prepared in 2007, in the process of preparing documents for loans. The

policy framework was updated in 2016 in accordance with the new regulations of Land

Law 2013, the newly-issued regulations and laws by the Government of Vietnam as well

as the statement of safeguard policies by ADB (SPS, 2009). Policies on land acquisition

and resettlement for the additional land acquisition in the area of Yen Bai city shall comply

with the following policies:

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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; Decree No.

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

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

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

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

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

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

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

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

are important legal documents applied to land acquisition and resettlement.

Land Law 2013 (becoming effective from 01/7/2014), regulates comprehensive legal

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

are similar to the policy objectives and principles of the protection of ADB on compulsory

resettlement. The compensation rate shall be made under the specific unit price (specific

price determination method is similar to replacement cost determination method); the

resettlement site shall be built and completed before the affected people’s arrival; and

some assistance for the affected people to stabilize their lives.

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

assistance and resettlement include:

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

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

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

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

Resettlement when the State Recovers Lands;

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

- 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;

Relevant regulations of Yen Bai Provincial People’s Committee:

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

compensation, support and resettlement; Compensation unit cost for assets, trees,

crops which will be affected by construction of Noi Bai – Lao Cai highway project in

Yen Bai province section;

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

supplement to the decision No 06/2008/QD-UBND dated 24 April, 2008 - provision

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on compensation, support and resettlement; Compensation unit cost for assets,

trees, crops which will be affected by construction of Noi Bai – Lao Cai highway

project in Yen Bai province section;

- Decision No. 703/2009/QD-UBND dated 21/5/2009 by Yen Bai PPC – regulating

on assistance and subsidies for HHs affected by land acquisition for the

construction of the Noi Bai - Lao Cai highway project;

- Decision No. 07/2014/QD-UBND dated 04/08/2014 by Yen Bai province on

amending and supplementing some articles of the regulations issued in

conjunction with Decision No. 06/2008/QD-UBND dated 04/24/2008 by Yen Bai

PPC regulating on the implementation of policies for compensation, support and

resettlement; Booklet of the compensation rate for damage to property, trees and

crops due to land acquisition for the construction of Noi Bai - Lao Cai highway

project in Yen Bai province and Decision No.19/2008/QD-UBND dated 04/9/2008

of Yen Bai PPC on amending and supplementing some articles of the regulations

issued together with Decision No. 06/2008/QD-UBND;

- Decision No. 39/2014/QD-UBND dated 31/12/2014 of Yen Bai PPC on

promulgating Regulations on Land price list for 2015 in Yen Bai province.

ADB Safeguards Policy and Requirements

ADB integrated its policies on involuntary resettlement, indigenous peoples and the

environment into one common Safeguards Policy Statement (SPS). The SPS was

approved by the ADB Board on 20 July 2009 and became effective on 20 January 2010.

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.

IV. METHODOLOGY OF DUE DILIGENCE

4.1. Desk study

In order to evaluate the compliance of land acquisition, compensation, assistances and

resettlement with the provisions of national laws and regulations, the project consultant

collected and reviewed relevant documents, including: detailed compensation, assistance

and resettlement plan prepared for the affected household in Yen Bai city; decisions

regulated on land acquisition, compensation, assistance and resettlement in Yen Bai

province such as Decision No 06/2008/QD-UBND dated 24 April, 2008 and Decision No.

19/2008/QD-UBND, dated 04 September 2008. In additional, result of DMS, pricing and

the voucher of payment were also collected.

The desk study aims to the requirements and provisions that mentioned in the document

and the actual deployment of land recovery, payment of compensation, assistance by the

project in the area of Yen Bai City.

4.2. Field review

The project consultant worked with Noi Bai Lao Cai Expressway Project Manager Unit,

Land Acquisition and Resettlement Project Management Unit, Yen Bai Committee for

Compensation and Site Clearance and People’s Committee of Hop Minh ward in August

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2016. The consulted issues are related on the applied policies and the actual

implementation of land acquisition, compensation, assistances and resettlement of the

project.

Besides, the project consultant also conducted 06 in-depth interviews with village chief,

representative of People’s Committee of Hop Minh Ward and of local organizations and

representative of affected household. The interviews focused on the implementation of

compensation, assistance and resettlement; impact on income and livelihood of affected

household due to land acquisition as well as the concerns, opinions raised by AH on the

process. List of consulted officers, representative of AH during the implementation of due

diligence is shown in the Appendix 1.

V. FINDINGS OF THE DUE DILIGENCE

5.1. Eligibility

According to the Government Policies, households who have affected land, will be

compensated if they have (i) LURC; or (ii) Decision on land allocation by the competent

agency as regulated by Laws; or (iii) have been using the land stably for a long-time

(before the year 1991), certified by town/commune people’s committee on there is no-

dispute on the affected land. In case of affected household in Yen Bai city, the household

has LURC and has been using the productive forest land for a long time. So, the

household is eligible to receive fully compensation, assistance of project.

5.2. Information Disclosure, Consultation and Participation

Three consultation meetings were held in late August 2015 and early September 2015

with the participation of relevant agencies and representative of the affected household.

The AH was provided with some project information such as the scope of land acquisition

impacts and entitlements, assistances and benefits of the affected HH. Relating

information issued in these meetings was (i) the additional construction items of the

project in the locality; (ii) the scope of land acquisition impacts; (iii) entitlements,

assistances and benefits of the affected HH; and (iv) grievance redress mechanism. In

these consultation meetings, the AH also raised ideas, opinions or concerns about the

DMS result, entitlement, assistances of project. Information disclosure, public consultation

and participations under Yen Bai city was implemented in compliance with regulations of

Government and policies of ADB (SPS, 2009).

5.3. Detailed Measurement Survey

Measurement of affected land and assets upon land of household was implemented in

March 2015. The AH filled the self-enumeration form for the affected land and assets on

land. The DMS team conducted measurement on affected land and assets base on the

self-enumeration form. The DMS team included the representatives of Hop Minh ward,

Yen Bai City CCSC, village chief and representative of the affected household. The DMS

result had signatures of the enumerator, the household, communal cadastral officer and

leader of Yen Bai City CCSC. The DMS result was copied and provided to the AH for

review and comments (if any). The results of focus – group discussion show that the

affected household was satisfied with the DMS result and the implementation method of

DMS. The DMS was conducted transparently and with participation of the AH and local

communities.

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5.4. Pricing

Compensation unit rates for affected productive forest land, crops and tress were applied

as per prices regulated by Yen Bai PPC. The compensation unit rate applied for the

affected land and assets upon land are shown in table below:

Table 1: Compensation unit rates

Item Unit price (VND)

Compensation for land

Productive forest land 12,000

Compensation for trees, crops

Bat Do bamboo shoot (type A) 200,000

Bat Do bamboo shoot (type B) 130,000

Acacia (type B) 20,000

Acacia (type D) 10,000

Assistance

Assistance for job transition and creation 30,000

Assistance for establishing new production land fund 500

According to the results of the RCS and the consultation meetings with stakeholders, the

project consultant has found that in general there are no transactions of agricultural land

and the market price of land cannot be formed in Hop Minh ward. The project consultant

has referred to and used the unit prices issued by the Provincial People’s Committee to

consult with stakeholders as well as the affected HH and got their approval for the

proposed rates. The unit prices of the Provincial People’s Committee were issued in 2014

on the basis of reviewing and establishing prices based on market price. So, the pricing of

project under Yen Bai city was compliant with the regulation of Land Law 2013 and SPS,

2009.

5.5. Compensation, assistance and resettlement

The detailed compensation, assistance and resettlement plan was prepared in April 2016

and provided to the affected household to review and give feedback. Up to June 2016,

there was no comment or concern of affected household on this plan and compensation

and assistance payment by project was made.

Budget for compensation, assistance and resettlement under the component was paid by

lump-sum for the affected household. The total budget which was paid was sufficient as

the detailed compensation, assistance and resettlement plan which was provided to the

affected household.

The result of DMS indicates that the scope of land acquisition on households was

relatively minor; total area of affected land of household was 977 m2, accounted for 6.4%.

The results of the questionnaire survey on AHs show that there was no negative change

in occupation and income of AHs.

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Table 2: Cost of compensation and assistance paid to the affected household

No.

Item Unit Quanti

ty Unit price

Amount

I/ Compensation for land

11,724,000

1 Productive forest land VND/m2 977 12,000 11,724,000

II/ Compensation for trees, crops

5,180,000

1 Bat Do bamboo shoot (type A) VND/clu

mp 03 200,000 600,000

2 Bat Do bamboo shoot (type B) VND/clu

mp 02 130,000 260,000

3 Acacia (type B) VND/tre

e 200 20,000 4,000,000

4 Acacia (type D) VND/tre

e 32 10,000 320,000

III Assistance

29,798,500

Assistance for job transition and creation

VND/m2 977 30,000 29,310,000

Assistance for establishing new production land fund

VND/m2 977 500 488,500

TOTAL

46,702,500

Administration cost (2%)

934,050

TOTAL VND 47,636,550

USD 2,116.7

5.6. Grievance Redress Mechanism

Grievance redress mechanism was disclosed and consulted with affected households in

public consultative meetings. During the implementation of land acquisition,

compensation, assistance and resettlement, there was no grievance lodged by AH

regarding activities implemented by concerned agencies.

5.7. Gaps of implemented land acquisition and resettlement with Government’s

Regulations

Table 3: Gaps of implemented land acquisition and resettlement with Government’s

Regulations

Items

Gaps with

Government’s

policies

Gaps with project’s

resettlement

framework

Descriptions

Eligibility Compliant.

Household who has

Compliant.

Household has

AH having LURC

was compensated.

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Items

Gaps with

Government’s

policies

Gaps with project’s

resettlement

framework

Descriptions

LURC is eligible to be

provided fully

compensation,

assistance and

resettlement of

project

LURC and is eligible

to be provided fully

compensation,

assistance and

resettlement of

project.

Information

disclosure,

consultation and

participation

Compliant. Meetings

were held with

participation of AHs

and representatives

of concerned

agencies to disclose

information on

compensation,

assistance and

resettlement under

the component.

Pricing results and

decision on approval

of detailed

compensation,

assistance and draft

resettlement plans

were provided to

affected household.

Compliant. The AH

was provided project

related information

sufficiently. AH

participated in the

activities relating

land acquisition,

compensation and

assistance of project

such as DMS and

public consultation

meeting.

Information that was

disclosed and

consulted with AH

included: (i) the

additional

construction items of

the project in the

locality; (ii) the scope

of land acquisition

impacts; (iii)

entitlements,

assistances and

benefits of the

affected HH; and (iv)

grievance redress

mechanism.

Detailed

Measurement

Survey

Compliant. DMS

was carried out in

compliance with

orders and

procedures as

regulated by the GOV

and Yen Bai PPC.

Compliant. Land

and on-land assets

affected by the

component were

measured

adequately and

correctly.

AH was provided

self-enumeration

form. DMS team

conducted the

measurement of

affected land and

assets upon land.

The measurement

was implemented

with the participation

of representative of

Hop Minh ward, Yen

Bai CCSC and AH.

AH was satisfied with

DMS result.

Pricing Compliant.

Compensation for

Compliant.

Compensation for

The AH was satisfied

with compensation

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Items

Gaps with

Government’s

policies

Gaps with project’s

resettlement

framework

Descriptions

land by specified cost

issued by Yen Bai

PPC.

Compensation for

crops and trees by

rates issued by Yen

Bai PPC.

land and affected

structures upon land

by replacement cost;

compensation for

affected crops and

trees by market rate.

rates for affected

land and assets upon

land.

Compensation,

assistance and

resettlement

Compliant. The AH

was provided fully

compensation,

assistance for

affected land and

assets upon land.

The payment was

made by lump-sum.

Compliant. The AH

was paid by lump-

sum for all affected

land and assets on

land.

The total budget

which was paid was

sufficient as the

detailed

compensation,

assistance and

resettlement plan

Grievance

Redress

Mechanism

Compliant.

Grievance redress

was disclosed to AH

and the local

communities

Compliant.

Grievance redress

mechanism was

disclosed to AHs and

the local

communities. There

was no grievance

relating land

acquisition,

compensation,

assistance and

resettlement under

the component

lodged by AH.

Grievance redress

mechanism was

disclosed in the

public consultative

meetings

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APPENDICES

Appendix 1: List of Consulted persons

No. Full name Position Unit

Yen Bai LARPMU

1 Tran Viet Dung Director Yen Bai LARPMU

2 Dinh Tien Thang Official Yen Bai LARPMU

Representatives of Yen Bai city CCSC

1 Nguyen Yen Hien Head Yen Bai city Committee for

Compensation, Assistance, and

Resettlement

2 Cao Quy Duy Deputy Head Yen Bai city Committee for Compensation, Assistance, and Resettlement

3 Nguyen Khanh Hong Official Yen Bai city Committee for Compensation, Assistance, and Resettlement

Representatives of local government of Hop Minh ward

1 Tong Xuan Toan Secretary of

party

Hop Minh ward - Yen Bai city

2 Le Duc Minh WPC chairman Hop Minh ward - Yen Bai city

3 Do Quang Trung Chairman of

Vietnam

Fatherland Front

Hop Minh ward - Yen Bai city

4 Nguyen Thi Hoa Chairwoman of

Women Union

Hop Minh ward - Yen Bai city

5 Do Le Viet Cadastral officer Hop Minh ward - Yen Bai city

6 Tran Viet Yen Head of group 4 Hop Minh ward - Yen Bai city

Affected HH

1 Do Van Vien Affected

household

Group 4 – Hop Minh ward - Yen Bai

city

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Appendix 2: Minutes of consultation meeting with local authorities

MINUTES OF CONSULTATION WITH REPRESENTATIVES OF LOCAL AUTHORITIES

AND MASS ORGANIZATIONS ON ISSUES RELATED TO LAND ACQUISITION,

COMPENSATION, ASSISTANCE AND RESETTLEMENT

NOI BAI – LAO CAI HIGHWAY PROJECT

Hop Minh Ward, Yen Bai City, Yen Bai Province

28 August 2015

I. PARTICIPANTS:

1. Tong Xuan Toan – Party Secretary of Hop Minh Ward

2. Le Minh Duc – Chairman of People’s Committee of Hop Minh Ward

3. Do Quang Trung – Chairman of Fatherland Front

4. Nguyen Thi Hoa - Chairwoman of Women Union

5. Do Le Viet – Cadastral officer of Hop Minh Ward

6. Do Van Vien – Affected household

II. CONSULTING CONTENTS:

1. Yen Bai LARPMU provided information for participants including:

- Description on proposed scope of the Project

- The potential impacts on land n and non-land assets

- Policies, measures to minimize the impacts on land and non-land assets

- Policies on compensation, support, resettlement of the Project based on

documents of project information

- Grievance redress mechanism

2. Yen Bai LARPMU provided the following documents for representatives of local

authorities and mass organizations:

a. Summary of scope of impacts according to IOL results.

b. Project information booklet

III. CONSULTING RESULTS

3.1. Opinions about scope of the Project implementation

The scope of additional land acquisition of the project in the ward is minor. There is only

01 affected household (HH of Mr. Do Van Vien) having forest land affected by the

additional land acquisition.

3.2. Opinions about impacts on land and non-land assets by the Project

The WPC confirmed that the Project impacts on 977 m2 of productive forest land.

3.3. Opinions about policies, measures to minimize the impacts on land and non-land

assets

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The scope of land acquisition is consistent with the location and area requiring for

construction of frontage road connecting with underpass culvert.

3.4. Opinions about policies on compensation, assistance, and resettlement of the

Project

3.4.1. Eligibility

Affected forest land has been used by HH of Mr. Vien stably for a long time; therefore the

HH is eligible to compensation for the affected land.

3.4.2. Compensation unit price of land and non-land assets

Compensation unit price of land and non-land assets shall be made in a satisfactory

manner and equivalent to the market price.

3.4.3. Assistances

The Project needs to provide necessary and suitable assistances for the affected

household and makes the payment of compensation and assistance in a timely manner.

3.4.4. Resettlement options and relocation assistance

There is no household that has to relocate as the result of the additional land

acquisition.

3.4.5. Income restoration activities:

The Executing Agency should implement the income restoration program for HHs

who are eligible to participate in.

3.5. Opinions about implementation schedule of compensation, assistance,

resettlement, income restoration program, and land acquisition

Implementation schedule of the activities of compensation, assistance, and resettlement

should be disclosed to local authorities and the affected HH.

3.6. Opinions about grievance redress mechanism

Grievance redress mechanism should be disclosed to local authorities and affected HH.

The Executing Agency should coordinate with local authorities on solving grievances (if

any).

The meeting finished at 10am the same day. Representatives of ward authorities,

residential clusters, representatives of organizations, and of affected people participating

in the meeting read and agreed with the contents of meeting minutes and signed herein

below.

Representative of WPC

(signed and sealed)

CHAIRMAN

Le Duc Minh

15

Representative of Ward Fatherland

Front Committee

(signed and sealed)

CHAIRMAN

Do Quang Trung

Representative of Ward Women Union

(signed and sealed)

CHAIRWOMAN

Nguyen Thi Hoa

16

17

18

19

Appendix 3: Photos of consultation and interview

In-depth interview with official of Hop Minh ward – Yen Bai City

Interview with Mr. Do Van Vien – Hop Minh ward – Yen Bai City