Central Mekong Delta Region Connectivity Projecton 1 st November 2013 with a Notice to proceed (NTP) given to the DDIS Consultant. owever, because H implementation of resettlement

Social Monitoring Report Quarterly Report No. 3 April 2014

VIE: Central Mekong Delta Region Connectivity Project Prepared by Joint Venture: CDM Smith, Inc., WSP Finland Limited & Yooshin Engineering Corporation for the Ministry of Transport, Cuu Long Corporation for Investment, Development and Project Management of Infrastructure and the Asian Development Bank.

NOTE

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

Joint Venture:

MINISTRY OF TRANSPORT

Cuu Long Corporation for Investment, Development and

Project Management of Infrastructure (Cuulong CIPM)

Central Mekong Delta Region Connectivity Project (CMDCP)

Detailed Design, Procurement and Implementation Support Services

TA 7822-VIE Contract No.: 720A/CIPM-HDKT

RESETTLEMENT & SOCIAL QUARTERLY REPORT NO.3

Joint Venture: CDM Smith, Inc., WSP Finland Limited &

Yooshin Engineering Corporation

170 No Trang Long Street, Ward 12, Binh Thanh District, Ho Chi Minh City Tel: (08) 3516 4584 Fax: (08) 3516 4886

April 2014

Central Mekong Delta Region Connectivity Project (CMDCP)

Detailed Design, Procurement and Implementation Support Services TA 7822-VIE

Contract No.: 720A/CIPM-HDKT

RESETTLEMENT & SOCIAL QUARTERLY REPORT NO.3

Name Position Signature

Prepared by Pierre Arnoux/ Chu Duy Tuyen

Resettlement/Social Development Specialists

Reviewed by Pierre Arnoux Resettlement/Social Development Specialist

Approved by Gordon Belton Project Manager

Project Manager

Gordon Belton

April 2014

CMDCP Resettlement & Social –Quarterly Report No. 3

LIST OF ABBREVIATIONS

ADB - Asian Development Bank

AP - Affected Person

CIPM - Corporation for Investment, Development and Project

Management of Infrastructure

CMDCP - Central Mekong Delta Connectivity Project

CY - Construction Yard

DDIS - Detailed Design and Implementation Support

DMS - Detailed Measurement Survey

DNA - Detailed Needs Assessment DOLISA - Department of Labor, Invalids and Social Assistance

FU - Farmers’ Union

GOV - Government of Vietnam

HH - Households

IRP - Income Restoration Program

LUF - Land Use Fee

MOT - Ministry of Transport

MOU - Memorandum of Understanding

ROW - Right-of-way

RP - Resettlement Plan

SAP - Social Action Plan

SES - Socio-economic survey

USD - United States Dollar

VND - Vietnamese dong

WU - Women’s Union

CURRENCY EQUIVALENTS

For this report, the rate of $1 USD: VND 20,850 has been used.

i

CMDCP Resettlement & Social –Quarterly Report No.3

TABLE OF CONTENT 1. INTRODUCTION ............................................................................................................................ 4

2. OBJECTIVES OF INTERNAL MONITORING REPORT (IMR)............................................................. 4

3. STATUS OF LAND ACQUISITION AND RESETTLEMENT ACTIVITIES (LARA) .................................. 5

3.1 Status of Resettlement Activities ................................................................................................. 5

3.2 Relocated Households ................................................................................................................. 6

3.3 Status of Payment of Compensation ........................................................................................... 7

3.4 Status of Land Handed Over to the Contractors ......................................................................... 7

4. MAIN ISSUES ................................................................................................................................ 8

4.2 Land Assets in the 4 Interchanges ............................................................................................... 9

4.3 Situation of Vulnerable HH .......................................................................................................... 9

4.3.1 Focus Groups with Vulnerable HH ................................................................................. 9

4.3.2 Government Housing Program for Poor HH ................................................................ 10

4.5 Transaction costs in Resettlement Sites .................................................................................... 11

4.6 Review of Compensation Rates in Dong Thap Province ............................................................ 12

4.7 Payment of Remaining Compensation in Can Tho City ............................................................. 12

4.8 Involvement of Women Union .................................................................................................. 12

5. RESETTLEMENT SITES ................................................................................................................. 13

5.1 Can Tho city ................................................................................................................................ 13

5.1.1 Long Thanh 2 Resettlement site .................................................................................. 13

5.1.2 Thoi Thuan resettlement site ....................................................................................... 14

5.2 Dong Thap province ................................................................................................................... 14

5.2.1 My Tho Resettlement Site ........................................................................................... 14

5.2.2 Ward 3 Resettlement Site ............................................................................................ 14

5.2.3 Ward 6 Resettlement Site ............................................................................................ 15

5.2.4 Tan My RS..................................................................................................................... 15

5.2.5 Dinh An RS .................................................................................................................... 15

5.2.6 Ca Na Resettlement site............................................................................................... 15

6. GRIEVANCE PROCESS ................................................................................................................. 16

7. INCOME RESTORATION PROGRAM ........................................................................................... 17

8. SOCIAL ACTION PLAN ................................................................................................................. 17

9. HIV/AIDS AND HUMAN TRAFFICKING PREVENTION PROGRAM ............................................... 18

10. INSTITUTIONAL ARRANGEMENTS .............................................................................................. 18

11. MONITORING INDICATORS ........................................................................................................ 18

11.1 Land Acquisition and Resettlement ............................................................................. 18

11.2 Income Restoration Plan .............................................................................................. 20

11.3 HIV/AIDS and Human Trafficking Prevention program ............................................... 20

12. CONCLUSION .............................................................................................................................. 21

ii


LIST OF TABLES Table 1: Status of Resettlement Activities ......................................................................................................... 5 Table 2: Households who Need to be Relocated ............................................................................................... 6 Table 3: Summary of Compensation Payments ............................................................................................... 7 Table 4: Sections Handed Over to Contractors ................................................................................................ 8 Table 5: Characteristics of Long Thanh 2 Resettlement Site ........................................................................... 13 Table 6: Characteristics of Ca Na Resettlement Site ........................................................................................ 16 Table 7: Summary of Status of Grievances ...................................................................................................... 17 Table 8: Indicators for Land Acquisition and Resettlement ............................................................................. 18 Table 9: Indicators for Income Restoration Plan ............................................................................................. 20 Table 10: Indicators for HIV/AIDS and Human Trafficking Program ............................................................. 20

LIST OF FIGURES

Figure 1: Location of Ca Na RS ........................................................................................................... 16

LIST OF ANNEX

No table of figures entries found.

iii


1. INTRODUCTION

1. The Central Mekong Delta Connectivity Project (CMDCP) will improve connectivity in the Mekong Delta Region and provide efficient access from Ho Chi Minh City to the Southern Coastal Region through construction of two cable stayed bridges across the Mekong River and associated roads: Component 1 – Cao Lanh Bridge (2.4 km) and approach roads (5.4 km); Component 2 – Interconnecting Road (15.7 km); and Component 3 – Vam Cong Bridge (2.97 km) and approach roads (4.08 km).

2. Resettlement Plans have been approved by ADB for Dong Thap Province and Can Tho City on 5 April 2013. Implementation of resettlement activities is ongoing in most of the communes/wards affected by the CMDCP.

3. A Social Action Plan (SAP) has also been prepared and approved by ADB on 7 May 2013 and MoT on 4 July 2013. Finally the HIV/AIDS and Human Trafficking Prevention Program has been approved by ADB in June 2013 and by MOT on 26th August 2013.

4. CIPM is the representative of the executive agency (MOT) and is responsible for internal monitoring. As per agreed RPs, CIPM has to submit quarterly monitoring report to ADB and MOT. This report constitutes the resettlement & social monitoring report No.3.

2. OBJECTIVES OF INTERNAL MONITORING REPORT (IMR)

3. The objectives of the monitoring program are (i) to ensure that the standard of living of AHs are restored or improved; (ii) to monitor whether the overall project and resettlement objectives are being met; (iii) to assess if rehabilitation measures and compensation are sufficient; (iv) to identify problems and risks; and (v) to identify measures to mitigate problems.

4. The range of activities and issues that need to be recorded and verified, include: − Compensation, allowance payments and delivery of assistance measures to AHs; − Re-establishment of AH settlements and business enterprises; − Reaction of AHs, in particular, to resettlement and compensation packages; and − Re-establishment of income levels and living of AHHs

5. This report covers the period from November 2013 to March 2014. During this period, an ADB and DFAT review mission also took place (from 17 to 25 February). Minutes of Meetings were prepared following this review mission1. Table 11 p23 presents these issues and provides information on implementation of the agreed actions to take.

6. Detailed Design Phase was completed in April 2013 and Implementation Phase started officially on 1st November 2013 with a Notice to proceed (NTP) given to the DDIS Consultant. However, because implementation of resettlement activities was ongoing, supervision of these activities, by the DDIS Consultant, started in April 2013.

1 Annex-4: Central Mekong Delta Region Connectivity Project; Review Mission 17-25 February 2014; ADB/DFA Mission Findings and Recommendations

4


3. STATUS OF LAND ACQUISITION AND RESETTLEMENT ACTIVITIES (LARA)

3.1 Status of Resettlement Activities 7. A total of 1,719 HH (1,462 HH in Dong Thap Province and 257 in Can Tho City) will be affected by the project.

8. Compensation is completed at 60% for the whole project (56% in Dong Thap Province and 88% in Can Tho City). For component 2, in Dong Thap Province, no HH has been compensated yet due to delay in the loan effectiveness. Civil works started for Cao Lanh Bridge (package CW1B) and Vam Cong Bridge (package CW3A).

Table 1: Status of Resettlement Activities

Pkg Commune/ward Affected

Area (ha) Affected

HH

Nb of AHs who received compensation

Nb of AHs who didn't receive compensation

Remarks

Component 1 61,5 636 596 40

CW1A

An Binh 5,6 93 83 10 5 HH refused compensation

Ward 3 4,2 47 42 5 Tịnh Thoi 28,4 317 299 18

CW1B

Tan My 1 23,3 179 172 7 7 HH, not fully

compensated, nd due to pending grievances

CW1C Component 2 106,3 619 0 619

Tan My 2 4,9 28 0 28

Compensation planned in April-May 2014

CW2A My An Hung B 33,5 175 0 176

Binh Thanh Trung 30,3 142 0 142 CW2B

Binh Thanh 24,7 173 0 172 CW2C

Dinh An C2 12,9 101 0 101 Component 3 28,6 207 207 0 CW3B

Dinh An C3 28,6 207 207 0 CW3A Total Dong Thap 196,4 1462 803 659 CW3A

Thoi Thuan 18,78 191 176 15 2 HH with pending

grievances 1.5 km section not yet

compensated CW3B

Vinh Trinh 9,73 66 51 15

Total Can Tho City 28,51 257 227 30 TOTAL PROJECT 224,91 1719 1030 689

Source: CHLFD/CHLD March 2014; in green, civil works packages where compensation started;

5


3.2 Relocated Households

9. A total of 562 HH will need to relocate as their house is totally affected and their remaining residential land is not viable. Most of the HH opted for self-relocation (444) and 247 opted to relocate in a serviced resettlement site. 61 HH didn’t yet decide. These numbers could however change; HH in Component 2 have not yet been compensated and may change their choice once compensated.

10. At the time of the preparation of the report, only 10 HH already relocated in a RS. More information is given on each RS in Chapter 5. Other HH have been allocated a plot of land or applied to be allocated a plot of land but didn’t relocate yet. Annex 2 presents the detailed list of APs who received a plot or who applied for a plot in each RS.

Table 2: Households who Need to be Relocated

Package Commune/ward Affected HH

Household who Need to Relocate HH opted for Self-

Relocation

HH opted to relocate

in RS

Not yet decided Total

Component 1 636 118 107 8 233 An Binh 93 7 30 5 42 CW1A Ward 3 47 0 20 3 23

Tịnh Thoi 317 93 30 0 123

CW1B Tan My 1 179 18 27 0 45 CW1C

Component 2 619 41 134 0 175 Tan My 2 28 2 3 0 5 CW2A My An Hung B 175 1 31 0 32

Binh Thanh Trung 142 23 6 0 29

CW2B Binh Thanh 173 5 69 0 74

CW2C Dinh An C2 101 10 25 0 35

Component 3 207 58 6 0 64 CW3B

Dinh An C3 207 58 6 0 64 CW3A

Total Dong Thap 1462 217 247 8 472 CW3A Thoi Thuan 191 21 16 29 66 CW3B Vinh Trinh 66 24 24

Total Can Tho City 257 21 16 53 90

TOTAL PROJECT 1719 238 263 61 562 Source: CHLFD/CHLD February March 2014

6


3.3 Status of Payment of Compensation 11. Compensation is completed for 1030 HH among the 1719 HH (59.9 %). Compensation is mainly completed for Components 1 and 3 in Dong Thap Province and for Component 3 in Can Tho City. No compensation took place up to now for Component 2 in Dong Thap Province.

12. The total resettlement compensation costs for Dong Thap province is VND 925.45 billion (44.4 M USD). In Dong Thap province, compensation was made under the Government and Province budget. Up to now the Government of Vietnam and Dong Thap province funded 467.2 billion VND (50.5%). The budget needed, to complete compensation (458.25 billion VND, 22.4 M USD), will come from the ADB OCR Loan.

13. ADB declared the loan and grant as effective on 27 December 2013. The ADB loan has an approved budget of 37.18 M USD (787.5 Billion VND) for resettlement, including $21 million to complete the compensation payments. All resettlement compensation costs for Component 1 will be refunded to the Government from the ADB OCR Loan. Compensation for Component 2, to be funded under the loan, is expected to start in April-May 2014.

14. In Can Tho City, compensation is nearly completed. The compensation was done under the Government and City budget. The total resettlement compensation cost for Can Tho city is VND 179 billion (8.6 M USD). Up to now the Government has funded VND 137.1 billion (6.6 M USD).

Table 3: Summary of Compensation Payments

Component Total Nb of

HH

HH who received

compensation

Total compensation

Total disbursed

% Disbursed

Budget needed to complete compensation

BIllion VND M USD Component 1 636 596 362 344,5 95,2% 17,5 0,8 Component 2 619 0 413,45 0 0,0% 413,45 19,8 Component 3 207 207 150 122,7 81,8% 27,3 1,3 Total Dong Thap 1462 803 925,45 467,2 50,5% 458,25 22,0 Component 3 257 206 179 137,1 76,6% 41,9 2,0 Total Can Tho 257 227 179 137,1 76,6% 41,9 2,0 TOTAL PROJECT 1719 1030 1104,45 604,3 54,7% 500,15 24,0

Source: CHLFD/CHLD March 2014

3.4 Status of Land Handed Over to the Contractors 15. For the Vam Cong Bridge (package CW3A) all land has been handed over to the contractor and civil works are ongoing. Construction commencement date was 26 November 2013.

16. For the Cao Lanh Bridge (package CW1B), all land has been handed over to the contractor for the northern section (Tinh Thoi commune). For the southern section, in Tan My Commune, 94% of the land has been handed over.

17. At the beginning of 2014, 12 HH in Tan My commune refused compensation due to complaint on compensation rates. Following negotiations and new replacement cost survey, 5 HH accepted the new compensation rates and handed over all their land in March 2014. They will receive additional compensation based on new compensation rates.

7

CMDCP Resettlement & Social –Quarterly Report No.3 18. 7 HH still didn’t hand over their entire land. Among these 7 HH: i) new compensation plans are under review by DONRE for 3 HH; ii) 3 HH still refuse compensation. However these 3 HH agreed to hand over part of their land in order for the contractor to have an access to the construction yard. They however still refuse compensation for the remaining part of their land; and iii) finally one has been compensated but still refuses to hand over his land due to pending grievances. HH mainly complained on the low rate of residential land. The status of compensation of each of the 12 HH is presented in Annex 1.

19. Notice to Proceed has been issued to the contractor for the Cao Lanh Bridge (package CW1B) on 25 March 2014 due to delay in advance payment. This date corresponds to the construction commencement date. Table 4 presents the status of sections handed over to contractors.

Table 4: Sections Handed Over to Contractors

Package Section Area handed over to contractor CW1B Tinh Thoi commune North Cao Lanh Bridge Km

3+800 to 4+750 (Tien River) 100% area handed over (102,009 m2);

CW1B Tan My commune South Cao Lanh Bridge Km 5+390 to km 6+300

94% area handed over (84,186 m2); 7 HH only (9,626 m2) not yet fully handed over;

CW3A Dinh An commune Km 23+450 to Hau River 100% of land handed over; CW3A Thoi Thuan ward Hau River to Km 26+800 100 % of land handed over;

3.5 Obstacles on the Right-of-Way 20. Some infrastructures (electric lines, telecommunication lines, water supply pipes etc.) are not yet relocated for components 1 and 3 where compensation is nearly completed. Annex 7 presents the obstacles on the Right-of-Way (ROW) by Component. 4. MAIN ISSUES 21. As indicated above, an ADB/DFAT review mission took place from 17 to 25 February 2014. Mission Findings and Recommendations were prepared following this review mission regarding resettlement, income restoration and social action plan. In this section, the main issues are discussed. Table 11 presents all the agreed actions to take and provides implementation details.

4.1 Safety Corridor 22. MOT’s Deputy Minister, Mr. Nguyen Van The, held meetings, regarding resettlement issues, in Can Tho City PC and Dong Thap Province PC on 1st April 2014. Meetings Notice No.336/BGTVT was issued on 14 April 2014. In this notice, MOT confirmed to Dong Thap PPC and Can Tho City PC that both Decrees 11/2010 and 100/2013 will not apply for the project. They also requested Dong Thap PPC and Can Tho City PC to inform local authorities regarding the non-application of the safety corridor..

23. A leaflet has also been prepared to inform AHs (on what is possible to do within the safety corridor) and to confirm that both Decrees 11/2010 and 100/2013 will not apply for the first phase of the project. This leaflet is under review by CIPM and CHFLF/CFLD. Once reviewed and approved, leaflets will be distributed to AHs. CFLD/CHLD will be in charge of distributing the leaflet to affected HH (expected in May).

8


4.2 Land Assets in the 4 Interchanges 24. In Meetings Notice No.336/BGTVT dated 14th April Deputy Minister, Mr. Nguyen Van The, agreed that no house should remain within the loops of the interchanges and requested local authorities to prepare DMS and compensation costs.

25. Resettlement Plans will need to be prepared for the 4 interchanges. DDIS will work with Dong Thap CHFLD to prepare compensation plans and resettlement plans.

26. Cases of HH who moved back in the loop of the interchanges have been identified. Even if they have been already compensated, they should receive full compensation due to this new decision.

27. During the workshops for DNA in Dong Thap Province, planned in May, in each commune with an interchange (An Binh, Tan My, Binh Thanh and Dinh An), the map of the interchange will be presented and the situation will be explained by CIPM/DDIS and CHFLD to affected HH and local authorities.

4.3 Situation of Vulnerable HH

4.3.1 Focus Groups with Vulnerable HH

28. In Can Tho City, WU started to conduct focus groups with vulnerable groups in Thoi Thuan ward and Vinh Trinh commune in order to identify HH who meet difficulties. Focus groups took place respectively on 27 and 31 March 2014 (see Minutes of Meetings in Annex 4). Summary of the discussions are presented below.

29. In Thoi Thuan Ward the following issues were discussed;

• Compensation issues: - 3 HH among the 8 vulnerable HH already spent the entire compensation amount and will face

difficulties to relocate; assistance and follow-up is needed for these HH; forms of assistance will be discussed with WU and CFLD.

- HH said that they didn’t receive all the compensation and ask for the payment of the remaining amount; in Can Tho City, compensation is paid in 2 times; allowances are paid later;

- Most of the HH met, deposited their compensation amount in a bank account;

• Relocation Issues - 3 HH said that the land use fee in the RS is too high and they cannot afford to buy a plot; - Some HH who want to relocate in the RS request plot allocation before the rainy season;

• Income Restoration Activities

- Two HHs don’t want to join the IRP; one HH indicated that they are too old to implement such activities; follow-up is needed to find suitable income restoration activities;

• Housing Program for poor HH - Mr. Nguyen Phu Nhuan, poor HH, is not admissible to the program (not relocated HH);

30. In Vinh Trinh Commune the following issues were raised:

• Compensation issues:

9


- Some HH have not been yet compensated in Vinh Trinh commune; they however know their compensation amount;

- For HH who received compensation, compensation has not been paid completely; HH are requesting the payment of the remaining part; as explained above this is due to the payment procedure in Can Tho City

- HH who received compensation deposited the compensation amount in a bank account;

• Relocation Issues - HH are aware of the price of land in the proposed resettlement sites (Thoi Thuan); - Most of the HH want to relocate in the Thoi Thuan RS; 1 HH mentioned that if the price of land

is too high in a RS, he will built a house on the remaining agriculture land; - One HH expressed concerned on conducting business in the RS (lack of customers);

• Income Restoration Issues

- All HH choose an income restoration activity; most of theme small business;

31. The Women’s Union will continue to conduct focus groups and will work with CIPM/DDIS and local authorities to find suitable solution for the issues raised above.

4.3.2 Government Housing Program for Poor HH 32. DOLISA in both Can Tho City and Dong Thap Province are implementing housing program for poor based on the national regulation 167/2008/QĐ-TTg regarding policy to support housing for poor.

33. In Can Tho City, the 2 poor HHs don’t have to relocate so this program cannot be used for the CMDCP.

34. In Dong Thap province, DOLISA conducted surveys and identified 12,000 households needing support for housing. However, the current program 167 (phase 2) has not been yet approved by the government2.

35. The provincial Fatherland Front is the agency responsible to raise funds (from enterprises) to implement the program. According to Mr. Cuong, vice president Dong Thap Fatherland Front (FF), the FF mobilized currently only a small capital and distributed it in priority to help the poor households in the communes with new rural construction program. In the project area, only An Binh and Binh Thanh communes are included in this program.

36. It was confirmed with Mr. Cuong that poor households of the CMDCP can be included in this program. The WU will inform the poor HH of the program during focus groups to be held in May 2014.

37. We should note that DFAT is implementing a program: Access to housing and income-generating loans for affected households in Dong Thap Province. Coordination with both programs is necessary to avoid overlap of programs. However due to delay and uncertainty in the housing program by DOLISA, the program implemented by DFAT should be offered to all poor HH.

2 Information from Mr. Quan (DOLISA Dong Thap),

10


4.4 Relocated Landless Households and Households who Built on Agriculture Land in Can Tho City

38. As explained in the Quarterly Report # 2, in Can Tho City, according to the legal status of the HH the conditions to purchase a plot of land in a RS are different. - HH who built a house on residential land doesn’t have to pay the infrastructure fee. For example, in

Thoi Thuan RS, the regular rate is 2,710,000 VND/m2 but legal HH will pay only 63% of the fee (1,710,000 VND/m2).

- HH who built house on agriculture land will have to pay 77% (2,210,00 VND/m2) of the land use fee; - Landless HH have to pay full rate (2,710,000 VND/m2). HH may however be authorized to pay within 5

years without interest.

39. The same situation will occur in the new RS Long Hai 2 Resettlement Site. However at this time, the land use fee in this new RS is unknown. 16 HH planned to relocate in this RS and 4 already relocated and build a house.

40. A landless HH who relocated in this RS, Mrs Nguyen Thi Gai was met in January and February 2014 (see Annex 3 p10). The family is also a close to poor HH. Mrs Gai was allocated a plot of land in the RS where she built a decent house (Category 4). She doesn’t know how much she will have to pay for land use fee; however she knows she has 5 years to pay. Mrs Gai worries on her capacity to pay for the land use fee within 5 years.

41. For the moment the HH didn’t have any negative impact due to this situation. She was allocated a plot in the RS, like other HH, and built a decent house. She benefits of all basic services like any other relocated HH. However she may not be able to pay the plot of land within 5 years.

42. Can Tho CFLD issued letter No. 1361/TTPTQD-KTKD dated January 3 2014 stating that if relocated HH cannot afford buying land in RS, the compensation council may reduce land use fee.

43. First discussions were held on 24 March 2014 on this issue with the Vice Chairman of Can Tho City and representatives of CFLD Can Tho. Can Tho City PC is reluctant to change the policy but is open to reassess capacity of payment of the HH after 5 years. Following this assessment, the payment period may be extended. Additional discussion will be held with Can Tho City PC and CFLD on this issue.

44. As reported in section 4.3 some landless HH said they cannot afford plot of land in RS. Discussion will be held with CFLD to find solution.

4.5 Transaction costs in Resettlement Sites 45. CFLD Can Tho confirmed in letter No. 1361/TTPTQD-KTKD that no transaction cost is charged to the relocating household as it is already included in the investment costs.

46. However in Long Thanh 2 RS, HH met have to pay for building permit (100,000 VND see Annex 3 pp 8 & 9). This issue was discussed with CFLD Can Tho. According to CFLD, because the owner is a private owner, HH will have to pay the permit first. Then CFLD will collect the invoice for building permit and will reimburse the HH. Follow-up will be conducted with relocated HH in Can Tho and with CFLD on this issue.

47. In Dong Thap Province, HH have to pay registration fees and LURC. CHFLD will submit decision to Dong Thap PC to reimburse transactions costs to relocated HHs.

48. The issue was also discussed with Dong Thap CHFLD and during the ADB/DFAT mission in

11

CMDCP Resettlement & Social –Quarterly Report No.3 February. It was also agreed that CHFLD will collect invoice related to administrative fees and will reimburse the administrative costs.

4.6 Review of Compensation Rates in Dong Thap Province 49. A replacement costs survey was conducted during the second quarter of 2012 for Dong Thap province. Results of this replacement costs survey were used to calculate the compensation rates for HH compensated in Component 3, in July 2012 (Dinh An commune) and for HH compensated in December 2012 and June 2013 (Tan My and Tinh Thoi communes). For other communes of Component 1 (An Binh and Ward 3) where compensation took place by the end of 2013 and for communes of Component 2 where compensation didn’t yet take place, a new replacement cost survey was requested.

50. Center for Housing and Land Fund Development of Dong Thap Province requested a qualified appraiser (SIAC) to conduct a replacement costs survey for Ward 3, An Binh in Component 1 and for Component 2 in November 2013.

51. In February 2014, SIAC submitted his report to Lap Vo district PC for review. Districts PC reviewed and submitted to Dong Thap PC for approval. Approval by PPC is expected by the end of April or beginning of May. Compensation to AHs in Component 2 will be done with new compensation rates.

4.7 Payment of Remaining Compensation in Can Tho City

52. In Can Tho City, not all compensation was paid to AH. Some allowances have still not been paid (i.e. rental allowance, bonus etc.). Some HH met complained (see section 4.3) as they want all the compensation to be paid to make new arrangements.

53. In Can Tho City, compensation is done in 2 steps according to city’s procedure. Compensation of lost assets is paid first; allowances are paid later when HH completed procedures to hand over their land.

54. Compensation is completed from the Hau River to Km 26+800 (package CW3A) where HH handed over their land. For the approach road and the 1.5 km section, compensation is not completed. Once the procedure to hand over land will be completed, CLFD will carry out payment of allowances (bonus, renting a house...) for affected households.

4.8 Involvement of Women Union 55. WU are currently involved in the IRP (DNA activities). In the contract with WU for DNA, in addition to tasks related to the DNA activities, ToR indicates that focus groups have to be conducted with vulnerable HH on compensation, relocation and income restoration issues. ToR for WU in Can Tho City includes the following tasks:

• The WU will organize focus groups with relocated HH in Thoi Thuan and Long Thanh 2 RS and with self-relocated HH to identify their needs; WU will also: - Counsel both men and women on use of compensation; - Provide advice related to access to basic services, health care, school for children, etc. - Provide advice related to access for support for women requiring assistance during relocation

and building of houses - For landless households provided a plot of land at the relocation sites, verify that Land Use

Right Certificate are issued in the names of both husband and wife.

12


- Identify each serious case and include in a monthly report; - Work with CFLD, concerned departments, and local authorities to review documents and

revise the documents as necessary which will then require issuance of land use rights certificates to both husband and wife as mandated by law and based on good practice;

• The WU will organize focus groups with poor and vulnerable HH to identify their needs; they will also - Meet poor HH and explain the program implemented by DOLISA; - Identify if poor HH are willing to join the housing program implemented by DOLISA; - Provide list of poor HH who want to join the program to CIPM/DDIS;

56. As indicated in section 4.3, WU already conducted such focus groups in Can Tho City. Results of these focus groups are presented in Annex 4.

57. In Dong Thap Province, DNA activities will start in April. WU will conduct the same types of activities in May 2014. 5. RESETTLEMENT SITES

5.1 Can Tho city

5.1.1 Long Thanh 2 Resettlement site

58. Due to delay in getting agreement regarding the Thoi Thuan RS and the necessity to clear the land for package CW3A, a new RS has been identified for the Project: Long Thanh 23.

59. This RS is an existing RS (not planned for the project) located in Thoi Thuan Town, 6 km from the affected area but within an urban area (district town). The main characteristics of this RS are presented in the table below.

60. The land use fee is not yet known. 16 HH received a plot in the RS and 4 HH already built a house. 3 HH were met in this RS and the interviews are presented in Annex 3 (pp 8, 9 & 10).

Table 5: Characteristics of Long Thanh 2 Resettlement Site Location Thot Not ward, Thot Not district, Can Tho city

Area - 10.2 ha Owner - Huynh Chau Company

- 52 Nguyen Thao Hoc street, Ward 1, Vi Thanh city, Hau Giang province Start of construction - 2005 Number of plots - 474 plots Area of plot - Maximum area : 302.25 m2 ( 9.95mx31m)

- Minimum area : 67.5 m2 ( 4.5 mx 15m ) Infrastructures - Water supply from town water network

- Electricity from national network

3 Can Tho city PC issued document No 5179/UBND-XDDT: approval for additional plots allocation for resettlement to HH affected by Component 3 - Vam Cong Bridge construction project dated 28/10/2013. .

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- Drainage - School

5.1.2 Thoi Thuan resettlement site

61. As indicated above, no agreement was reached on the land use fee in Thoi Thuan RS between Can Tho City PC and the owner, the Industrial Zone Management board (IZMB). However 4 HH were allocated a plot of land in November 2013 in the Thoi Thuan RS and built a house. These HH are the ones affected by both an industrial project (under management of the IZMB) and the CMDCP. Therefore, they were authorized by the IZMB to move to the Thoi Thuan RS even without agreement with Can Tho PC.

62. These HH were affected first by the industrial zone project; while waiting to be relocated in the Thoi Thuan RS, they built temporary house on some relative land; this land was affected by the CMDCP. 3 of these HH were met; interviews are presented in Annex 3 pp 12-13.

63. For the CMDCP Project, these HH are also considered as landless and received associated compensation.

64. The 4 HHs already received compensation and various, allowances (bonus, allowance for relocation, allowance for landless, allowance for renting house, stabilization allowance). The names of these 4 HHs are listed below:

- Vo Thanh Duong ; Cao Thi Nam ; Nguyen Thi Hanh; Vo Van Cach 65. CFLFD confirmed that Thoi Thuan resettlement site will still be used for HHs affected by component 3 of the project (both in Thoi Thuan ward and Vinh Trinh commune) once an agreement will be reached with the owner. However resolution of this issue is urgent as road packages will be awarded to contractors on June. 5.2 Dong Thap province

5.2.1 My Tho Resettlement Site

66. My Tho resettlement site was built for the project and other local projects. The My Tho RS is planned to relocate HH located on the northern side of the Tien River (An Binh and Tinh Thoi Communes). 67. On 18/12/2013, Dong Thap province PC issued decision No 270/QĐ-UBND- NĐ. This decision handed over part of the area of My Tho resettlement sites, managed by Dong Thap province CHLFD, to Cao Lanh district PC. Cao Lanh District PC will then allocate plots to HHs affected by the Cao Lanh bridge construction project. 68. In December 2013, Cao Lanh district PC and Dong Thap province PC organized a site visit to the My Tho resettlement site for AHs. Following this visit, 29 AH submitted an application to relocate in My Tho RS (see Annex 2). 5.2.2 Ward 3 Resettlement Site

69. Ward 3 resettlement site is an existing RS under the management of the CHLFD Dong Thap. On 16/12/2013. Dong Thap province PC has issued decision No 265/QĐ-UBND- NĐ. This decision handed

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CMDCP Resettlement & Social –Quarterly Report No.3 over part of the area of Ward 3 resettlement sites, managed by Dong Thap province CHLFD, to Cao Lanh City PC. Cao Lanh City PC will then allocate plots to HHs affected by the Cao Lanh bridge construction project. 70. Cao Lanh city PC and Dong Thap province PC organized a visit the Ward 3 resettlement site for AHHs in December 2013. Following the site visit, a total of 15 HH from Ward 3 submitted an application to relocate in this RS (see Annex 2).

5.2.3 Ward 6 Resettlement Site

71. Ward 6 resettlement site is an existing RS under the management of the CHLFD Dong Thap. The RS also includes apartments for students of the nearby Dong Thap University. 72. On 16/12/2013. Dong Thap province PC issued decision No 266/QĐ-UBND- NĐ. This decision handed over part of the area of Ward 6 resettlement sites, managed by Dong Thap province CHLFD, to Cao Lanh City PC. Cao Lanh City PC will then allocate plots to HHs affected by the Cao Lanh bridge construction project mainly in Tinh Thoi commune. 73. Cao Lanh city PC and Dong Thap PPC organized a visit the Ward 6 resettlement site for AHHs in December 2013. Following this site visit a total of 16 HH from Tinh Thoi commune submitted an application to relocate in this RS located close to the Cao Lanh Construction Yard (see Annex 2).

5.2.4 Tan My RS

74. 27 HH were allocated a plot in the Tan My RS however no HH built a house up to now. Some HH make other arrangements and built a house at another location and plan to relocate later or to give the plot to their children. 5.2.5 Dinh An RS

75. 9 HH were allocated a plot in the Dinh An RS; 2 HH already built a house up to now. 5.2.6 Ca Na Resettlement site 76. CHFLD Dong Thap plan to build a new resettlement site in Binh Thanh commune for HH affected by the interchange with NH 80. The existing RS (Tan My and Dinh Anh) are too far from the existing location of AHs.

77. On 22 December 2013, Lap Vo district CLFD organized a meeting at Binh Thanh commune with the concerned HH. 47 HHs want to be relocated to this new RS. The RS is very close to the affected area, 100 to 500 m (see Figure 1).

78. No design is currently available and no land acquisition has been done. Construction of this RS may take one year and is likely to be ready after the start of the civil works (planned by the end of 2014). A Due Diligence review will be conducted for this RS in April 2014.

Box 1: Case of Mr. Nguyen Van Long The case of Mr. Long was reviewed by the External Monitor in August and by DDIS in October

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(see QR2). Mr. Long has a house and business affected by the interchange with NH80. With the extension of the road, the main building will be at the limit of the RoW. Following site visit to the RS, he agreed to relocate into Ca Na RS. Mr. Long plans now to keep his business along NH 80 (coffee shop, restaurant) and move his house (including rooms to rent) in the Ca Na RS. The proximity of the RS to his former location is essential in his choice.

79. The main characteristics of this proposed RS are presented in the table below. Figure 1 presents the location of this RS.

Table 6: Characteristics of Ca Na Resettlement Site Location - Binh Tanh commune , Lap Vo district, Dong Thap Province Area - 2.4 ha Owner - Huynh Chau Company Access - Access road to be built from NH80 (700 m) Number of plots - 120 Area of plot - 5m x 20m = 100 m2 Infrastructures - Water supply from the commune network (water supply plant adjacent to RS)

- Electricity from national network; Drainage

Figure 1: Location of Ca Na RS

6. GRIEVANCE PROCESS

80. Dong Thap Province and Can Tho City established a comprehensive and transparent Redress

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CMDCP Resettlement & Social –Quarterly Report No.3 Grievances Mechanism. The main actor is the CHFLD/CHLD of each province/city. All the grievances are gathered at the CHFLD who is in charge of review and propose solution. HH who made complaints are invited to participate to meetings to explain their grievances.

81. Annex 6 presents the full database for pending grievances in Dong Thap Province and Can Tho City. Table 7 presents a summary of the status of grievances. Grievances under review mean that an agreement was reached and the proposed solution (additional compensation etc.) has been submitted to PPC for approval.

82. The specific case of 12 HH who made grievances in Tan My commune (Dong Thap Province) is presented in Annex 1. Solving these cases is urgent as notice to proceed has been issued to the contractor in this area. Any delay will hamper the progress of civil works

Table 7: Summary of Status of Grievances Total grievances received Resolved Under review Not resolved Dong Thap Province 296 211 66 17 Can Tho City 33 5 26 2

7. INCOME RESTORATION PROGRAM

83. Steering Committees have been established in both Can Tho City and Dong Thap Province respectively in December 2013 and February 2014. Working Groups have been established respectively in Can Tho City in January 2014 and in Dong Thap in March 2014. Detailed Needs Assessment is ongoing in both Can Tho City and Dong Thap Province

84. Two workshops to inform participants on the proposed activities and to assist them to make a choice have been organized in Thoi Thuan commune on 6 March 2014 and in Vinh Trinh commune (Can Tho City) on 17 March 2014. Analyze of results is ongoing in Can Tho City. The detailed IRP will be prepared in May 2014 for Can Tho City.

85. In Dong Thap Province, no workshop took place up to now (planned at the beginning of April). The detailed IRP will be prepared in June and July 2014. Following approval by ADB/DFAT and Can Tho City and Dong Thap Province PC, implementation of the IRP is expected to start during the 3rd Quarter of 2014.

86. A draft manual on IRP has also been prepared and submitted to CIPM & ADB/DFAT for review at the beginning of April 2014. Comments have been received and a final version is under preparation.

8. SOCIAL ACTION PLAN

87. The Social Action Plan (SAP) has been approved by ADB in April 2013 and by MOT on 9 July 2013. Several exchanges of letters between CIPM and MOT took place between July and December 2013 regarding SAP budget. On 7 January 2014 CIPM re-submitted a budget to MOT. However MOT answered in a letter dated 14 February 2014 and didn’t agree with the re-submitted budget.

88. To avoid delay of the implementation of the SAP, CIPM/DDIS agreed with the reduced budget by MOT in July 2014. The contract with WU is under preparation to implement the SAP.

89. Some activities have however started. As part of the information campaign, leaflets have been

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CMDCP Resettlement & Social –Quarterly Report No.3 prepared for shopkeepers at ferry sites (see Annex 4) and distributed in March 2014.

90. The SAP also includes counselling activities from the WU regarding management of compensation and relocation issues. As indicated in section 4.3, WU started to conduct focus group with vulnerable HH in Can Tho City.

9. HIV/AIDS AND HUMAN TRAFFICKING PREVENTION PROGRAM

91. Revised budget for HIV/AIDS has been approved by MOT on 29 February 2014.

92. Implementation of the HIV/AIDS and Human Trafficking Prevention Program started. The International HIV/AIDS Specialist, Mr. Alistair Briscombe, was mobilized on 15th April 2014.

10. INSTITUTIONAL ARRANGEMENTS

93. Notice to proceed for Part B (Implementation and Supervision Phase) was issued to DDIS consultant on 1st November 2013. From 1st November the following persons were mobilized:

• The international resettlement specialist, Mr. Pierre Arnoux, was mobilized part time from November to February and full time from March to Mid-May (to implement DNA activities).

• The senior resettlement specialist, Mr. Chu Duy Tuyen, was mobilized full time.

• A new resettlement specialist Mr. Nguyen Cong Hiep was mobilized full time from 1st April 2014;

• The social development and gender specialist, Mrs Van Ngoc Lan, was mobilized part time from November to December 2013 and full time in March and April 2014 and part time in May;

94. The Supervision Consultant for the Vam Cong Bridge hired a resettlement specialist for Component 3: Mr. Bui Duc Minh. DDIS coordinates with Mr. Minh and monitoring activities are shared. Tasks have been sent to the resettlement specialist.

95. The Notice to Proceed was issued to the contractor of Cao Lanh Bridge on 25th March. Therefore the DDIS consultant moved its office to the contractor’s office in Cao Lanh City. The two resettlement specialists will be based on the site.

MONITORING INDICATORS 96. This section includes the progress against monitoring indicators as agreed with the M&E advisor. However some data are not yet available now.

10.1 Land Acquisition and Resettlement 97. Regarding indicators for land acquisition and resettlement, Table 8 summarizes the first results. All data are not yet available.

Table 8: Indicators for Land Acquisition and Resettlement

Indicator Units Resettlement Plan Implementation Remarks

Land acquisition HH

Dong Thap: 1,336 Can Tho: 219 Total: 1,555

Dong Thap: 1,462 Can Tho: 257 Total: 1,719

Changes are due to : i) adjustment of number of HHs in Construction Yard; ii) some HH with several families were first considered as one AH and were

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Indicator Units Resettlement Plan Implementation Remarks then separated in 2 or more AHs; and iii) a number of HH, affected by loss of grave only were first not included among the AHs (Can Tho city).

Ha Dong Thap: 199.7 Can Tho: 54.8 Total: 254.5

Dong Thap: 192.2 Can Tho: 28.5 Total: 220.7

Changes are due to : i) reduced area for construction yards; and ii) toll plaza removed;

Disbursement of compensation & allowances

Billion VND Total

Dong Thap: 467 Can Tho: 137 Total: 604

HH located in Component 2 not yet compensated due to lack of fund from province; Government of Vietnam Dong Thap PC asked remaining resettlement costs to be funder under the ADB loan; loan has been effective in December 2013;

Disbursement of compensation & allowances within agreed time limit

% Total

Dong Thap: 56% Can Tho: 88% Total: 60%

Compensation plans agreed jointly by husband and spouse

% eligible cases

N/A During all interviews with AHs questions was asked however it is a limited number; it is suggested that the External Monitor will also include this question during his interview

Provision of consultation counselling

Activity completion

Just started in Can Tho City see section 4.3; number of activities will be indicated in next QR;

Households self-relocated

Total Vulnerable HH

Dong Thap: 23 Can Tho: N/A

Dong Thap: 217 Can Tho: 21

61 HH not yet decided type of relocation; More HH opted for self-relocation during implementation; possible reasons: i) cash grant allowance for self-relocation; ii) distance of RS from affected area;

Households relocated to service resettlement site

Total Vulnerable HH

Dong Thap: 415 Can Tho: N/A

Dong Thap: 247 Can Tho: 16

LURC / asset titles issued jointly in husband and spouse names

% Total eligible % eligible Vul HH

No LURC issued up to now to relocated HH (LURC will be issued once land use fee will be paid)

Resettlement completed within agreed time limit

% Total % Vulnerable HH

Major delay for resettlement & compensation for component 2 due to delay in loan effectiveness;

Beneficiaries satisfied with compensation counselling

See comment above on provision of consultation counselling

Outstanding cases of grievance with compensation rates for land

Dong Thap: 19 Can Tho City: 3

See Annex 6 for more information

Beneficiary satisfaction with 2 HH relocated up to now in RS in

Dong Thap and 8 in Can Tho;

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Indicator Units Resettlement Plan Implementation Remarks resettlement site Up to now all satisfied based on

interviews; Outstanding cases of grievance with resettlement process

Dong Thap: 5 Can Tho City: 1

See Annex 6 for more information

10.2 Income Restoration Plan

98. Implementation of IRP has just started and no data was available at the time of the preparation of this report. The following table will be filled when data will be available.

Table 9: Indicators for Income Restoration Plan

Indicator Units Income Restoration Plan Implementation Implementation of IRP activities against plan:

• Agriculture • Training • Small business

% Total

Participation in IRP activities against plan • Agriculture • Training • Small business

% Total % Vulnerable HH % Women

Overall expenditure of IRP against plan • Agriculture • Training • Small business

VND Total

10.3 HIV/AIDS and Human Trafficking Prevention program 99. Implementation of HIV/AIDS and Human Trafficking Program will start in April. No data was available at the time of the preparation of this report. The following table will be filled when data will be available.

Table 10: Indicators for HIV/AIDS and Human Trafficking Program

Indicator Units HIV/AIDS and HT Program Implementation Implementation of awareness raising activities against plan

• HIV/AIDS • Human Trafficking

% completion (target groups by exception)

Participation in activities against plan • HIV/AIDS • Human Trafficking

% participation (target groups by exception)

Overall expenditure against plan • HIV/AIDS • Human Trafficking

VND

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11. CONCLUSION

100. Table 11 presents the actions to take to meet the requests of the February Mission and Findings and provide details to implement these actions. Annex 7 presents the planning of resettlement and social activities for the coming months.

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Documents

Central Mekong Delta Region Connectivity Projecton 1 st November 2013 with a Notice to proceed (NTP) given to the DDIS Consultant. owever, because H implementation of resettlement