Independent Resettlement Monitoring Report

Semi-Annual Resettlement Monitoring Report

1-6/2014

Vietnam: Hanoi Pilot Urban Railway Line No.3

(Nhon- Hanoi Railway Station) Hanoi, July 2014

TRANGI – IV

INDEX OF CONTENT

1.  INTRODUCTION .............................................................................................................................. 1 

1.1.  GENERAL INTRODUCTION ................................................................................................... 1 

1.2.  ARRANGEMENT FOR THE IMPLEMENTATION OF THE INDEPENDENT MONITORING N03 2 

2.  METHODOLOGY ............................................................................................................................. 3 

2.1.  SCOPE OF MONITORING AND OBJECTIVES ..................................................................... 3 

2.2.  THE MONITORING METHODS ............................................................................................... 3 

2.2.1. DOCUMENT REVIEW ............................................................................................................. 3 2.2.2. FIELD WORK ........................................................................................................................... 4 

3.  SUMMARY ON COMPENSATION, RESETTLEMENT AND LIVELIHOOD RESTORATION PROGRESS ..................................................................................................................................... 5 

4.  RESULTS OF INDEPENDENT RESETTLEMENT MONITORING ................................................. 7 

4.1.  INFORMATION DISSEMINATION, CONSULTATIONS AND COMMUNITY PARTICIPATION ................................................................................................................................... 7 

4.2.  DETAILED MEASUREMENT SURVEY (DMS) AND COMPENSATION OPTION PREPARATION ..................................................................................................................................... 8 

4.3.  UNIT PRICE AND COMPENSATION PRICE ......................................................................... 9 

4.4.  COMPENSATION AND ASSISTANCE PAYMENT .............................................................. 11 

4.5.  SITE CLEARANCE ................................................................................................................ 12 

4.5.1. THE DEPOT PHASE 2 AND XUAN PHUONG RESETTLEMENT SITE ............................... 12 4.5.2. THE HIGH VOLTAGE110KV CHEM- HA DONG .................................................................. 12 4.5.3. THE VIADUCT AND ELEVATED STATIONS ........................................................................ 13 4.5.4. THE TUNNEL AND UNDERGROUND STATIONS ............................................................... 13 

4.6.  RESETTLEMENT SITE CONSTRUCTION ........................................................................... 14 

4.7.  INCOME RESTORATION AND LIVELIHOOD DEVELOPMENT FOR AHS ........................ 15 

4.7.1. SOCIO-ECONOMIC SURVEY OF AHS ................................................................................ 15 4.7.2. CHANGE IN SOCIAL AWARENESS, OCCUPATION OF AHS ............................................ 18 4.7.3. THE INCOME RESTORATION STRATEGY AND THE MITIGATION POLICY FOR

AHS .............................................................................................................................. 19 4.8.  GENDER ISSUE .................................................................................................................... 19 

4.9.  GRIEVANCE REDRESS ....................................................................................................... 20 

4.10. REMAINING SHORTCOMING FROM THE THIRD MONITORING .......................................... 21 

5.  CONCLUSION AND RECOMMENDATION .................................................................................. 22 

5.1.  CONCLUSIONS ..................................................................................................................... 22 

5.2.  RECOMMENDATIONS .......................................................................................................... 22 

   

TRANGII – IV

INDEX OF ANNEXES

ANNEX 1. LIST OF STAFF AND PEOPLE THAT PARTICIPATED IN INFORMATION

EXCHANGE

ANNEX 2. LIVELIHOOD OF AFFECTED HOUSEHOLDS

ANNEX 3. CONSULTATION MEETINGS/ DMS SURVEY/RESETTLEMENT SITUATION

TRANGIII – IV

INDEX OF TABLES

Table 1. The summary impact of project Metro Line 3 ......................................................................... 1 

Table 2. TheOpinion of Community leader on project dissemination and Consultation ................. 7 

Table 3. Duration of DMS on affected assets of PAPs of project components ................................. 9 

Table 4. Size of Surveyed AHs ............................................................................................................. 16 

Table 5. Age Distribution of Members of Surveyed AHs ................................................................... 17 

Table 6. Monthly Income of affected households .............................................................................. 18 

Table 7. In-depth interview with AHs about the social awareness ................................................... 18 

Table 8. In-depth interview with authorities for the compensation .................................................. 21 

TRANGIV – IV

ACRONYSMS AND ABBREVIATIONS

ADB Asian Development Bank

AFD Agence Française de Développement (French Development Agency)

AH Affected household

CLDF Centre for Land Development Fund

DGT Direction Générale du Trésor (French General Directorate of the Treasure)

DPC / CPC District People’s Committee/Commune People’s Committee

DRC District Resettlement Committee

EIB European Investment Bank

HPC Hanoi People’s Committee

MoM Minutes of Meeting

MRB Hanoi Metropolitan Railway Management Board (the Client)

PMU1 Project Management Unit 1. MRB’s Department in charge of developing the Metro Line 3

RAP Resettlement Action Plan

RF Resettlement Framework

RfP Request for Proposals

RP Resettlement Plan

TA Technical Assistance

ToR Terms of reference

TA Technical Assistance

CCSCB City Compensation and Site Clearance Board

CiPC City People’s Committee

IMC Independent Monitoring Consultant

PC People Committee

 

PAGE 1 – 36

1. INTRODUCTION

1.1. GENERAL INTRODUCTION

1. Hanoi Pilot Urban Railway Line (Line 3) is one part of the mass transport railway line (Nhon – Hanoi Railway station – Hoang Mai). The railway line has a total length of 12.5 km with 12 stations. The elevated section has a total length of 8.4 km with 8 stations whereas the underground section has a total length of 3.6 km, including a 500 m long transition section, and 4 underground stations.

2. The design length of line 3 (Nhon – Ha Noi railway station) is 12.5 km running from Nhon (at the crossroad of the Road 70 and the National Road 32), along the national Road 32 into the urban area of Hanoi. Then; the alignment goes along Ho Tung Mau Road, Xuan Thuy Road, Cau Giay Road, Kim Ma Street, Nui Truc Street, Cat Linh Street, Van Mieu and ending at Hanoi Railway Station. The elevated section has total length of 8.4 km with 8 stations whereas the underground section has total length of 3.5 km, and a 500 m long transition section with 4 underground stations. The Depot area is now under construction in over 15 hectares of Minh Khai and Tay Tuu Communes – Tu Liem District with the following main work items: washing machines, wheel lathing machine, maintenance and overhaul workshop, storage area. Once the project finish, it will help extent density, transportation and speed up economic development bridge suburban areas.

3. This is a large-scale infrastructure investment Project use ODA funded by the Government of the Republic of France (DGT) 250 million euros, the AFD 110 million euros, ADB 220 million euros and EIB 250 million euros, plus the contribution by the Hanoi People’s Committee 130 million euros.

4. The Donors agreed to apply common guidelines of environmental protection as well as resettlement in accordance with the regulations proposed by ADB.

5. Summary of impacts of the Project is as follows:

Table 1. The summary impact of project Metro Line 3

No Ward/

Commune HHs

In which Acquired

land Note

Relocated HHs

Business M2

The Depot phase 2 and Xuan Phuong resettlement site

1 Depot 65 30 30 13,552.6

2 Access line 90 0 8,272.0

Sub-total A 155 30 30 61,596.5

The High Voltage 110kv Chem-Ha Dong

1 Phuc Dien 3 0 1 190

Sub-total B 3 0 1 190

The Viaduct and Elevated Stations

1 CP01&CP02 3 0 0 325.9

Sub-total C 3 0 0 325.9

The Tunnel and Underground Stations

1 Station No.9 25 5 5 5,319.5

2 Station No.10 27 10 10 6,993.0

3 Station No.11 62 20 18 6,957.0

4 Station No.12 54 16 15 5,997.0

Sub-total D 168 51 48 25,246.5 17 affected

organizations

TOTAL (A+B+C+D) 329 81 79 87,187.9

 

PAGE 2 – 36

6. The objectives of third Independent Resettlement Monitoring for June 2014 focused on: (i) Review the assessment of resettlement achievement from January 2014 to June 2014 and review the resolution of the pending problems from the second monitoring and determine the next direction and resolution for the unresolved ones; (ii) Evaluate the change in living standards and livelihood of affected households; (iii) Monitor the implementation of income restoration for displaced persons and; (v) Evaluate the effectiveness, impacts and sustainability of the resettlement activities and recommend necessary adjustment in the resettlement implementation for the project; (vi) Determine the need for further mitigation and support for affected households in order to improve their living quality or at least recover like the one before project implementation.

7. The independent monitoring consultants (IMC) had conducted an on-site monitoring from 1st July, 2014 to 30th July 2014. Before conducting the monitoring, IMC and Project Management Unit (PMU) of MRB had discussed and agreed on the monitoring schedule in order to ensure the feasibility and effectiveness of the monitoring.

1.2. ARRANGEMENT FOR THE IMPLEMENTATION OF THE INDEPENDENT MONITORING N03

8. IMC had monitored the implementation of resettlement plan (RP), so as to ensure site clearance and resettlement activities in compliance with the project’s requirements and regulations of Hanoi City People’s Committees (CiPC) and the ADB. These tasks have been adopted by relevant stakeholders and detailed in the contract signed between IDOM and MRB.

9. The Consultant: i) Reviewed the documents to check the records and review overall results of MRB and Compensation and Site Clearance Boards (CCSCBs) on the progress of compensation and site clearance, project implementation. Project information disclosure to affected persons (PAPs), AHs’ grievance settlement carried out by PMU and relevant stakeholders, and existing challenges arisen during grievance settlement until the monitoring time; (ii) Conducted consultation to representatives of local authority, organizations and agencies in Tu Liem district, Cau Giay district, Dong Da district, Ba Dinh district and Hoan Kiem district; (iii) Interviewed with representatives of some AHs in Depot Phase 1 and Phase 2 on rehabilitating local living conditions during site clearance and resettlement as well as solving raised issues during project construction execution; (iv)Summarized and analysed data based on the objectives and the tasks of the monitoring in order to figure out achievements and shortcomings to make recommendations to speed up project implementation progress.

 

PAGE 3 – 36

2. METHODOLOGY

2.1. SCOPE OF MONITORING AND OBJECTIVES

10. The Resettlement Monitoring have conducted through 3 level based on the compliance with ADB Loan Project: The Regular Resettlement Monitoring, The monthly Resettlement Monitoring, Semi-annual Resettlement Monitoring as follows:

i. The Regular Resettlement Monitoring is implemented by Idom Consultant. The Regular Resettlement Monitoring will report to MRB and relevant Consultant Institutions.

ii. The Monthly Resettlement Monitoring is one of the General Resettlement Monitoring which is supported by Internal Idom Consultant Specialist. The Monitoring Result will be reported to MRB.

iii. Semi-annual Independent Resettlement Monitoring: The Independent Resettlement Consultant conduct the Monitoring Activity based on the support of ADB and MRB. The Result of Monitoring will report to MRB/ADB.

11. Based on the Regulations of ADB, the Independent Resettlement Monitoring Report focused on the main objectives and scopes as following content:

i. General objectives: To strengthen the efficiency of project activities (progress and quality of activities, compliance level with requirements prescribed in Updated RAP)

ii. Specific objectives:

- Update the achievement of resettlement objectives in all the components of project: the Depot phase 2, The Viaduct and Elevated Stations, the Tunnel and Underground station.

- Check the implementation of DMS and the accuracy data from the Land Fund Development Center and the District Compensation and Site Clearance Boards (CCSCBs).

- Supervise the compensation and assistance, site clearance, the activities related to livelihood restoration for PAPs, issues of gender in all project components.

- Define the situation of PAPs at the time of monitoring: the change in living standard and livelihood, restoration of economic and social base of the displaced persons, effectiveness and sustainability of entitlements.

- Evaluate results as well as the implementation of internal monitoring activities for Conclusions and recommendations on Updated RAP.

2.2. THE MONITORING METHODS

2.2.1. Document review

12. IMC had collected and analysed information/data provided by PMU, Tu Liem Land Fund Development Center and the City Compensation and Site Clearance Boards (CCSCBs). All the relevant documents verified the information/data in the internal monitoring reports; took into account the site clearance, project construction implementation, compensation and resettlement progress; interviewed assessed the efficiency and impacts as well as the achievements of compensation and resettlement activities.

13. The consultant also updated the new policies of ADB and Vietnamese government for ensuring efficiency of monitoring activities.

 

PAGE 4 – 36

2.2.2. Field work

14. External Consultant team used combined methods to obtain the best result of Monitoring as following:

i. Document Analysis:

The Consultant reviewed the document related to Safeguard Policies, legal documents, internal report and other documents on the result of compensation, assistance and resettlement activities to diversify information source, which related to Updated RAP implementation. The Consultant also check it by random on records and documents relating to the implementation of compensation and assistance and Resettlement of Hanoi Pilot Urban Railway Line (line 3) project.

ii. In-depth Interview:

The Consultant conducted the in-depth interviews with the PAPs and the authorities and those responsible for Updated RAP implementation by a prepared list of questions. Key informants were as follows:

- MRB1’s staff: 4 participants

- Representative of Tu Liem Land fund and Development: 2 participants

- Staff of Tay Tuu Hamlet: 2 participants

- Staff of Minh Khai Hamlet: 2 participants

- The representative of District/ ward Compensation and Site Clearance Boards (CCSCBs): 4 participants

- APs in Hanoi Pilot Urban Railway Line (line 3) project: 10 people

iii. Questionnaire Interview:

During the Monitoring time, the questionnaire interview considered to be the main method which assessed the resettlement activities. The Consultant had distributed questionnaires to 70 affected households in the Depot component (Tay Tuu and Minh Khai Communes), in Ngoc Khanh, Van Chuong ward, Cat Linh ward. The observation of participant was based on the structure of affected household and project implementation result at the time of monitoring. In the Depot phase 2 and Xuan Phuong Resettlement Site, 30 AHs were selected to understand about the compensation, especially since Hanoi has specific policy for Tu Liem district. 3 households who lost the land by the High Voltage Electricity 110 Chem- Ha Dong were also selected to survey to understand about the socio-economic profile of AHs before the compensation. Besides, the survey selected 37 AHs in Tunnel and Underground Stations to carry out the evaluation of the livelihood of affected households.

 

PAGE 5 – 36

3. SUMMARY ON COMPENSATION, RESETTLEMENT AND LIVELIHOOD RESTORATION PROGRESS

15. At the time of Independent Monitoring, the Compensation Implementation was based on the Decision No.2941/QĐ-UBND dated on 7th May, 2013 regarding the approval of the Compensation, Resettlement Policy for Urban Railway Lines project in Hanoi. Project Resettlement Policy Framework (RPF) and Resettlement Action Plan (RAP) were approved by Ha Noi People’s Committee at official letter No.10793/UBND-TNMT dated 31st December, 2010 and approved by ADB on 27th January, 2011 are basic for implementing, monitoring of compensation, support and resettlement of the Project. MRB was interested in implementing resettlement issues, site clearance of projects components, including construction activities and implementation of resettlement plans, site clearance as ADB reporting commitments in 8/2013.

i. The main activities of Site Clearance Unit of PMU1include:

- Set the Land Acquisition Team of PMU1who have responsible for ensuring the implementation plan Clearance project on time, including monitoring, reporting, and capacity building related to clearance and relocation;

- Support Consultant, responsible for the co-supervise the resettlement implementation, site clearance as part of the requirements will be included in the terms of reference (TOR) of consultant supervision, and

- Support the consultants in the resettlement and clearance monitoring activities in order to approach the task.

ii. MRB is responsible for ensuring that the relevant section in the contract documents of the Component of project will comply with the Action Plan Resettlement.

iii. MRB is responsible for contacting Institutions, Local departments, CCSCB, the Land Fund Development Centre of districts and communes in the project area to implement the Plan of Site clearance and resettlement.

iv. MRB has played well the role of coordination among land clearance and resettlement supervision consultant with project consultants and related units.

16. The Compensation payment applied the Decision No.23/QD-UBND of Hanoi PC issued on 23rd

June 2014 (which replaced Decision No 108/2009/QD-UBND dated 29th September 2009) on compensation, allowances and resettlement when the State acquires land in Hanoi.

17. In the meeting on 28th May 2014 with MRB and Tu Liem district, Hanoi PC decided to build the new specific compensation policy for The Depot and Access line phase 2 to ensure people are paid compensation at a higher price and get more support from the project. Hanoi PC is preparing the documents for that new policy and it will be legally issued in July 2014. In addition, the inventories for the Depot phase 2 will be revised according to the specific policy of Hanoi PC.

18. In the High Voltage Electricity 110 KV Chem - Ha Dong, MRB is currently providing technical assistance for Detail Measurement Survey and preparing the RAP for affected households

19. In the Tunnel and Underground Stations, the inventories for Compensation are being checked and be implemented for affected households in the next month. According to MRB’s schedule, the inventories for the Stations No9, No10,No11 and No12 will be disclosed and paid from July to September 2014.

20. The progress of Resettlement area construction: The Resettlement areas have been arranged for project relocation in the Depot and Access line phase 2 in Xuan Phuong DD1 on the first time. However, due to the progress of infrastructure construction resettlement sites does not meet the progress of project resettlement relocation, North Tu Liem district People's Committee has sent a document to Hanoi City People's Committee on 30th June 2014 in which proposed to Hanoi City

 

PAGE 6 – 36

People's Committee approve using Lot TT5, TT6 as land resettlement funds for households at the depot, and three households affected by High Voltage Electricity 110KV Chem - Ha Dong. Resettlement Area TT5-TT6 are arranged in order to accelerate the implementation of the project, and resettlement sites have almost completed the infrastructure such as roads, electricity, schools, so the affected families can move to resettlement areas immediately.

21. The resettlement site for the households affected by the Tunnel and Underground Stations will be arranged in Lot D17 in Cau Giay new urban area, Cau Giay district. By the time of monitoring, that building has only finished 2 floors among 18 floors of the building design.

22. Some of project activities (construction of Resettlement sites) had been lagging behind the schedule for about 2 months due to some subjective reasons such as the cooperation among local institution to reach agreement on procedures, delays in making decisions, and delays in the works of the construction company and assistance policies.

23. In general, the compensation and resettlement progress is about 3 months behind the approved schedule due to various reasons (updating data on AHs took times, the approval of compensation plan also took a lot of time, land measurement and cadastral activities faced a number of difficulties resulting from the large area of the project etc.).

 

PAGE 7 – 36

4. RESULTS OF INDEPENDENT RESETTLEMENT MONITORING

4.1. INFORMATION DISSEMINATION, CONSULTATIONS AND COMMUNITY PARTICIPATION

24. Project information disclosure activity was continuously and regularly implemented through the implementation progress. This kind of activity is to enhance local awareness, reduce grievance or complaints from AHs as well as speed up the implementation of the project’s components.

25. The information disclosure was mainly carried out through: residential meetings, delivery of notices to each household, posting up notice at local government’s offices, delivery of project leaflets and posters, direct meetings with AHs by PMU’s, CCSCB’s staff and local authorities.

26. During the project implementation, the information disclosure activity was implemented mainly in the affected areas to local people and the ones who have complaints, grievance. The disclosed information included; (i) information about the compensation policy and the right of AHs; (ii) information about environmental impacts; (iii) arising issues from the construction execution that affect local people.

27. Besides, local people were also informed of the arrangements of the project compensation, responsibilities of relevant stakeholders and grievance redress mechanism and results of grievance redress as well as newly arising issues during the project implementation.

28. Where the project is being developed, the results of the consultation showed that the dissemination of information to local authorities, agencies and organizations, especially local communities has achieved certain results. The public consultation has mobilized the full participation of stakeholders; the project information and policies as well as the benefits to be gained from it really helped raise awareness for community and contributing to the progress of clearance and construction.

Table 2. The Opinion of Community leader on project dissemination and Consultation

During the Detailed Measurement Survey, Tu Liem Land Fund Development Center organized many meetings with the PAPs in which they announced the policies for local people, explained the question related to the payment for land, house and structure and assistance for PAPs. When the affected household requested for the compensation, Tu Liem district sent the comments to Hanoi PC and now Hanoi PC decided to apply the new policy for Depot compensation.

(Man, 50 years old, the Trung village’s leader, Tay Tuu Commune)

At this time, the MRB is implementing the Detail Measurement survey in Quoc Tu Giam Street, Van Chuong ward for the construction of station 11. The MRB has coordinated with Van Chuong ward to visit every affected household and sent the information about project for them, and explained whenever the affected households needed.

(Man, 60 years old, community leader in Van Mieu ward)

29. The consultation and information dissemination are done in all communes and wards during the implementation of the Project. MRB was in collaboration with CCSCB, the local government has organized a series of meetings, direct dialogue with those remaining claims, the displaced households. The Advocacy, Dissemination and Implementation have been carried out, providing the support policies of Hanoi PC to households in order to speed up the site clearance activities of projects thoroughly. The Project has made sure to get the information to the APs fully and as fast as possible.

 

PAGE 8 – 36

30. The Consultation and Information Dissemination have been implemented in accordance with the provisions of ADB, from the municipal level, communes to villages which received basic consensus of the community on the issues: land and affected assets are compensated. The project has the appropriate support policies for each affected object under the provisions of the Government of Vietnam, the Matrix Rights under the provisions of the projects using ODA Fund. And especially those priority support policies from provinces and cities dedicated to the project.

31. The Project Information Disclosure and Community Consultation assessment:

i. In general, project information disclosure has been done well. Moreover, local leaders and AHs had acknowledged clearly and fully the project benefits.

ii. However, the project had been implemented for a long time, in various areas, with many different construction components; thus, the project information was not disseminated to all local households. Interviews showed that some households have not been fully aware of the compensation policies and benefits offered by the project. However, such households just made up for a minor percent of the ones seldom joining the community consultations and working far away or being very marginally affected and paying little attention to the project.

iii. The relocated households were consulted about the Resettlement places, Resettlement selection method; however they have limited participation and supervision of the entire process of building resettlement areas: design, infrastructure construction.

iv. The project did not hold separate meetings for female group to improve the Gender Action inside the Development of the Project. We propose that the Project should develop specific forms for Information Dissemination in the Vulnerable groups.

v. In general, we recognized that the Information on how to resolve the inconsistency between the interests of affected households according to RP and the regulations and policies of the city (mainly related to land use rights, land and property on land compensation) has been widely available and relatively complete.

 

4.2. DETAILED MEASUREMENT SURVEY (DMS) AND COMPENSATION OPTION PREPARATION

32. By the time of monitoring, the DMS in the Depot Phase 2 and Xuan Phuong Resettlement Site have been finished. Other Components are being implemented including: (i) the High Voltage (CP1); (ii) the tunnel and underground stations from No9 to No11 for all affected households as scheduled. In general, the DMS and compensation plan preparation activities in the project area were implemented in accordance with the procedures. The DMS activities which were implemented publicly and with transparency.

33. The DMS participation included local authorities, MRB staffs and AHs as follow: (i) Consulting Unit; (ii) Members of Land Fund Development Center in districts; (iii) Commune cadastral staff; (iv) Representative of the Project Owner; (v) Representative of Communal authority; (vi) Representative of AHs.

34. The DMS was carried out following3 steps: (1) Sample inventory lists for affected assets are delivered for PAPs; (ii) Stakeholders conduct the DMS for each affected asset of AHs; (iii) After the calculation of the asset was made and all parties signed in the DMS minutes.

35. After making the DMS survey, the project prepared a summary table of DMS’s result then publicized at hamlet community houses. Any complaints about affected assets such as land area, structures, trees and other properties were checked and verified by members of Compensation Board.

 

PAGE 9 – 36

The records of additional DMS (if any) will be made after reaching an agreement and having the signature of AHs representatives.

36. In the Depot Phase 2 and Xuan Phuong Resettlement Site: DMS compensation was conducted from 2011.ByJune 2013 the operational clearance phase 1 was completed in the Depot and it was handed over to the Contractor. The clearance for phase 2 is under implementation. According to the information and data provided by Tu Liem Land Fund Development Center, the detail measurement of losses in the acquired land for Depot phase 2 and access line has been completed. In theXuan Phuong resettlement site, the DMS was finished for 46 AHs.

37. In the In the High VoltageLine110KV Chem-Ha Dong(CP1): The DMS has finished and defined the compensation for 3 affected households and conducted the Socio-economic survey for RAP. It is estimated that in the coming time the RAP will be prepared and the compensation for these households will be conducted.

38. In the Tunnel and Underground stations: (i) In the station No9: The DMS survey was carried out by MRB and Cat Linh ward to set up the DMS schedule of 15 affected households and 2 companies land collection; (ii) The Station No10’s DMS survey was finished during 12th May to 23th May and calculated the affected land and assets for 26 households and 11 organizations/companies; (iii) The DMS survey for Station No11 has been conducted from 10thJune to 30thJuly for affected households and organizations in Quoc Tu Giam street, Van Chuong ward; (iv) The DMS survey for Station No12 will be implemented in August 2014.

39. The updated implementation of DMS and Inventory duration is as follows:

Table 3. Duration of DMS on affected assets of PAPs of project components

Component Name of the detail stations Starting

Date Ending

Date

Total of affected

households

The Depot Phase 2 and Xuan Phuong Resettlement Site

The Depot Phase 2 65

The first time 15/6/2012 30/11/2012

The second time 18/2/2013 30/3/2013

The third time 15/6/2014 30/6/2014

The Access line 15/11/2012 30/11/2012 90

The High Voltage Electricity 110kV Line Chem-Ha Dong 15/7/2014 30/7/2014 3

The Tunnel and Underground Stations

Station No9 Unexecuted Unexecuted 17

Station No10 12/5/2014 23/5/2014 37

Station No11 10/7/2014 30/7/2014 61

Station No12 (schedule) 1/8/2014 25/8/2014 35

Total 329

Source: MRB 6/2014

4.3. UNIT PRICE AND COMPENSATION PRICE

40. Based on the DMS’s record agreed and signed by AHs, MRB in collaboration with Tu Liem Land Fund Development Center and the Compensation Board in Kim Ma, Van Chuong and Cat Linh wards conducted the compensation pricing and assistance entitling to rely on the provisions on compensation, assistance and resettlement issued by Hanoi PC.

41. The policy framework of compensation, assistance and resettlement (RAP) for Hanoi Urban Railway line No.3 was approved by Hanoi CiPC through Letter 10793/UBND-TNMT dated 31/12/2010

 

PAGE 10 – 36

and approved by ADB on 27/1/2011, and the RAP was revised and approved by ADB. The Legal Framework for project was complied with the ADB’s requirement and Hanoi CiPC through a number of legal documents such as the document relating to land acquisition:

o Decision 23/2014/QD-UBND issued on 23thJune 2014 (which replaced Decision No 108/2009/QD-UBND dated 29th September 2009) on compensation, allowances and resettlement when the State acquires land in Hanoi;

o The Decision 51/2012/QD-UBND dated 28/12/2012 on regulations of price of all land types in Hanoi city area in 2013;

o The Decision 35/2011/QD-UBND dated 05/12/2011 on issuance of price for new construction of house, temporary house, architectural objects as basis for determination of compensation, support when the government acquires lands in Hanoi city area;

o The Decision 14/2012/QD-UBND dated 04/7/2012 on policy of selling resettlement house by gradually paying the money for buying house to households, individuals when the State acquires the land, implements compensation, support, resettlement in Hanoi city area;

o The Decision 07/2013/QD-UBND dated 05/02/2013 on removal, supplementation of some articles of the promulgated Regulation attached with the Decision No. 02.2010/QD-UBND dated 18/01/2010;

o The Decision no. 48/2011/QD-UBND dated 26/12/2011 of HPC on land acquisition, land delivery, land rent, land usage purpose transfer to implement investment project and to make rural houses at rural residential area;

o The Decision 02/2013/QĐ-UBND dated 07/01/2013 on amendment, supplementation of some articles of promulgated regulations attached with the Decision 108/2009/QD-UBND dated 29/9/2009 of HPC on compensation, support and Resettlement when the State acquires land in Hanoi city area;

o The Decision 20170/QD-UBNDdated 07/8/2013 of Ba Dinh District People's Committee approving detailed implementation plan compensation, support and resettlement of the project to build the station number 9 ( Nhon - Hanoi Railway Station );

o The Decision 1982/QD-UBND dated 23/7/2013 of Hoan Kiem District People's Committee approving the master plan on compensation, support and resettlement for individuals and organizations to make land acquisition current construction of the railway station S12 pilot urban Hanoi Nhon - Hanoi Railway Station at Cua Nam ward and ward Tran Hung Dao Street, Hoan Kiem District, Hanoi;

o Comprehensive plan compensation, support and resettlement of the Management Board of Hanoi urban railway 254/BQL-GPMB some day 18/03/2013;

o Planning and implementation of clearance for the construction of stations 10, 11 under Hanoi pilot urban railway project ( Nhon - Hanoi Railway Station ) No. 868/DSDT-CBMB day 05/8/2013 of People's Committee of Cat Linh,Van Chuong and Van Mieu wards, Dong Da District, Ha Noi.

42. By the time of Monitoring, the compensation value for AHs in The Depot phase 2 and Xuan Phuong Resettlement Site was applied for inventories based on the legal basis of the inventory in compliance with the Law and Regulations of Hanoi People's Committee. Those documents are related with compensation payment when the State recovers land of the people. However, the Hanoi PC decided to apply discrete policy for Depot component in 28thMay 2014 and now the Tu Liem Land Fund Development Center is waiting for the price approval document from Hanoi PC to recalculate the compensation price for affected households.

 

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43. Based on the new discrete policies applied to the project, the RAP for the High Voltage line will consider the unit price and compensation price for this component.

44. In the Tunnel and Underground Stations, the compensation price application activity is being implemented in line with RAP in order to guarantee the rights and benefits of AHs. The property inventory, price application and compensation payment activities have been carrying out in line with Decision 23/2014/QD-UBND issued on 23thJune 2014which replaced Decision No 108/2009/QD-UBND dated 29th September 2009) on compensation, allowances and resettlement when the State acquires land in Hanoi.

45. Monitoring results showed that the implementation of compensation and resettlement has been done by CCSCBs of the District with the support of Consultants and Land Fund Development Center in the district. In Tu Liem district, the Land Fund Development Center plays the most important role in Land Acquisition and in Cat Linh ward, Van Chuong ward and Tran Hung Dao ward there are CCSCBs.

4.4. COMPENSATION AND ASSISTANCE PAYMENT

46. The compensation price application activity was carried out in line with Updated RAP and guaranteed the rights and benefits of AHs. Besides getting compensation payment for land and assets damaged at prices offered by Hanoi CiPC, AHs also receive allowances such as price slippage allowance, movement cost, living rehabilitation allowance, clearance progress bonus and incentive policies in resettlement. These mentioned assistances and incentives have great contribution in helping AHs/PAPs quickly rehabilitating their living in new RSs.

47. Assessment of the assistance and support for Affected Households:

i. At the Depot and access line at Ha Village, Tay Tuu commune, Tu Liem, a number of affected households interviewed (households Dac Nguyen Dang, Nguyen Khac Phuc, Nguyen Khac Hung, Nguyen Dinh Hoang etc... ) has proposed to increase the support for affected households such as support stable activities, resettlement assistance, rent assistance and job transition support. Besides, the Project should give the new land for local people in Xuan Phuong Resettlement Site (the application of assistance from Project for the affected household is from 10 % to 40% according to HPC policies).

ii. However, when we re-check the Legal Framework of the project, most of those households are illegal houses; they built their house on agriculture land. Tay Tuu commune People's Committee has also handled records, ask them to destroy the houses, however, they have not followed. Therefore, the project shall comply with Vietnamese law on the level of support is absolutely correct, however, experts suggest the project in coordination with local authorities conduct more consultations to households to hand over to the project on time.

48. Assessment of the compensation price application:

i. In general, the Application Cost for the project was in compliance with the provisions of ADB about Compensation and Assistance and will be based on the principle of replacement cost (market value in normal conditions) at the time of compensation implementation.

ii. The MRB has many solutions to make sure that all the displaced households in the project without having any certificate of Land Use rights or any legal recognition of the acquired land are eligible to receive compensation and resettlement assistance, non-land assets to support the replacement cost of ABD and policies of Vietnam's Law.

 

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4.5. SITE CLEARANCE

4.5.1. The Depot Phase 2 and Xuan Phuong Resettlement Site

49. The total of land acquisition for Depot phase 2, Access line and Xuan Phuong resettlement site area is 39,771.9 m2, including 30,437.2 m2 of land allocated under Decree 64/CP, 10,505.7 m2 illegally transferred in to other usage purposes and 8,535.4 m2 public land area in which: (i) The Depot phase 2 land acquisition is 21,824 m2, of which 16,243 m2 of land was allocated following the Decree 64/CP; agricultural lands that have been illegally transferred in to other land use purposes was10,505.7m2 and the public land under commune’s management was 4831.9m2; (ii) Xuan Phuong resettlement site will acquire an agricultural area of 17,947.3 m2 in Xuan Phuong commune, of which land area allocated following Decree 64/CP is 14,194 m2 and public land area (managed by commune) is 3,695 m2.

50. The total affected households by this component include: (i) 65 affected households by Depot; (ii) 90 households by Access line and Xuan Phuong resettlement site.

51. The site clearance has been carried out since 2011 based on the RAP approved by ADB. The Updated Resettlement Plan was approved by ADB. The legal basis of the Inventory is the compliance with the Laws and Regulations of Hanoi People’s Committee applied for compensation payment when the State recovers land of the people.

52. During two days 12th May and 21th May LFDC Tu Liem district and Tay Tuu ward invited the AHs to receive their compensation. Until 30thJune, none of them wanted to get the compensation and assistance from land acquisition of the Depot phase 2 and Access line.

53. Hanoi PC carried out many meetings with MRB and Tu Liem district to speed up the Site Clearance in Tu Liem district and in the meeting on 28thMay 2014, Hanoi PC decided to apply the specific policy for the project. Hanoi PC issued the document on 7thJuly in which decided the application the specific compensation policy for the project.

54. At the time monitoring, Tu Liem Land Fund Development Center has almost finished inventories. They are waiting for the application of price document from Hanoi PC to conduct the publication and payment for affected households based on the new Decision of Hanoi PC.

4.5.2. The High Voltage110KV Chem- Ha Dong

55. The High Voltage110kv Line Chem - Ha Dong (section between pole No.30 and 31) in Phuc Dien ward, Bac Tu Liem District) acquires an area of 190m2 including the 119.2m2agricultural land allocated under Decree 64, 42.8m2 agricultural land which is illegally transferred to residential land from 15th

October 1993 to 1st July 1994; the public land managed by commune is 28 m2. The total 3 AHs will be relocated in DD1 Xuan Phuong Resettlement site. Total compensation cost under the Decision No.1493 by Tu Liem PC dated 5th March 2014 is 1,575,630,000 VND.

56. The Council of Land Compensation and Clearance has been set up on 8thMay 2014.

57. The DMS has been finished on 30th June 2014.

58. According to the tentative schedule of land acquisition, the payment for compensation will be implemented on 16th- 17th July 2014 and after 20 days from payment due date, the AHs should hand over their land to the project from 18th July to 14th August 2014.

59. In general, the procedures of Compensation followed the project, the inventory implementation was made public and clear with combination of MRB staff and local staff as well as AHs. Project-related documents are delivered to AHs, both husband and wife could sign in the inventory.

 

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4.5.3. The Viaduct and Elevated Stations

60. According to the design, the viaducts and elevated stations of No.1, No.2; No.3, No.4 and No.5 shall be constructed within the project red boundary of current road section so no land is acquired for these works. However, only two stations number 6 and 8 acquired land of 352.9 m2 in area. The land area belongs to 3 government organizations namely: Hanoi National University, Hanoi National University of Education and Hanoi Zoo Company. Land acquired for Station No.6 is 174.7m2 and those acquired for Station No.8 is 151.2 m2.

61. Currently, District People's Committee of Cau Giay and Ba Dinh have approved the overall compensation, support and resettlement plan. MRB paid compensation and recover the entire remaining ladder in June 2013.Site for the stations No.6 and No.8 area has been handed over under the guidance of DONRE in October 2013.

62. The Station No.7 is located in the linkage area with Cau Giay trade center, they have separated agreement among related organizations, and thus there is no compensation for this Station.

63. However after reviewing the technical drawings and went for site visit at Station No.1 and Station No.3, IDOM consultants estimated there is a potential land acquisition at escalator location because at present there are a lot of small shops in this area. After discussing related parties, it’s found that the land acquisition at Station No.1 will be manageable due to these business HHs illegally occupied the land area. On 31st March, Tu Liem People’s Committee in coordination with Hanoi University of Industry removed the shops and handed over the area to the Project. Station S3: the affected households in the south area of the staircase of S3 are due to the inconsistency in the red boundary of the Road 32 and Urban railway project. In the opinion of the Department of Planning and Architecture, red boundary of urban railway project is wider than the Road 32 one. At this meeting, the Department of Planning and Architecture has proposed to limit the clearance effect on households in the region, the design consultants and construction contractors to consider moving the location of the stairs into the red boundary of Road 32 when drawing up the construction design. Currently, Systra Consultant agreed to adjust to the design in order to prevent land acquisition at this station No. 3.

4.5.4. The Tunnel and Underground Stations

64. Total length of tunnel is 3.5 km with 4 stations No. 9, 10, 11, 12. Total land acquisition is 25,246.5 m2 of which Station No.9 is located in in Ngoc Khanh ward, Ba Dinh district acquiring 5,319.5 m2 of land; Station No. 10 located in Cat Linh ward, Dong Da District acquiring 6,993 m2 of land; Station No. 11 located in Van Mieu and Van Chuong wards, Dong Da district where acquires 6,957 m2 of land and Station No.12 located in Cua Nam and Tran Hung Dao wards, Hoan Kiem district where acquires 5,977 m2 of land. The acquisition of land belonging to organizations is 8,739.3 m2 and the public land is 12,791.8 m2.

65. This section, as measured, has a total of 143 affected households, of which 15 organizations will be also affected. However, at the time of monitoring, the DMS survey are implementing at the station No10, No11 meanwhile the DMS for station number 9 and number 12 have not conduct, thus the count of the number of affected households in this component only temporarily. In the last report of 2014, the Independent resettlement monitoring will continue to update this figure accurately.

66. For the tunnel section, there will be 10 households affected by the digging machine when it operates. MRB is now worrying about the potential damages that the machine will cause because at present the potential damages are not analysed by expert.

67. With the supports provided by MRB’s Land Preparation Division by end August 2013, the People’s Committees of districts and wards where the tunnel and underground stations run cross have finished legal procedures related to land acquisition, compensation and site clearance. The People’s

 

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Committees of Hoan Kiem, Dong Da and Ba Dinh districts have approved detailed site clearance schedule for construction of stations No. 9, 10, 11 and 12, at the same time, an overall land acquisition, compensation and resettlement plan has been developed by related agencies in collaboration with Hanoi Metropolitan Railway Management Board for the affected households and agencies whose lands shall be acquired for the construction of the Project.

68. MRB and the Division for Surveying and Mapping under DONDRE have co-signed on the Minutes Ref.616/ĐSĐT-DA1 dated 13th June 2013 regarding field measurements and handling over the acquired lands for all stations.

69. During October 2013, posters of the master plan of all tunnel and underground stations, viaduct and elevated stations have been posted at public area where the stations will be constructed.

70. On 6th, 7th, 8th and 15th November 2013 the Land Preparation Division (MRB) cooperated with Cat Linh, Van Mieu, Van Chuong, and Ngoc Khanh Wards to organize consultation meeting to propagate the policy framework, legal policies, project information to the affected households and organizations, and deliver the forms where the affected households and organizations can fill in with their information of losses.

71. According to MRB’s estimation, the confirmation of land history for the affected households in tunnel section and underground stations will be completed in the 2nd quarter of 2014, the individual resettlement plans will be approved in the 3rd quarter of 2014 and the compensation will be completed in 4th quarter of 2014.

72. From January to June 2014, the project implemented many meetings on site clearance with stakeholders in Station No.9, No.10 and No.11: (i) On 10th April 2014, MRB, IDOM coordinated with Ngoc Khanh ward, Ba Dinh district to organize consultation meeting (2nd time) to explain to the AHs on the process of study, preparation and approval of planning and design of Station No.9 and the consequence of removing the ventilation; (ii) On 14th April 2014, Systra Consultant, ADB and IDOM had a meeting about the ventilation of Station No.9, the result of that meeting was the report submission of Systra in which clarified the design of the ventilation shaft at Station No.9.

73. The Hanoi Steering Committee for land Clearance has issued a notice No.299/TB-BCD dated 17thApril 2014 to request Ba Dinh, Dong Da and Hoan Kiem districts to follow the approved project legal framework, Resolution No.09/2013/NQ-HDND dated 17/7/2013 of Hanoi PC and the current regulations on compensation, support and resettlement of Hanoi PC.

74. By the time of monitoring, the DMS have finished basically in Station No.10 and No.11, meanwhile the Station No9 and No12 are arranged to implement until end of August 2014. According to MRB’s estimation, the inventories will be approved in July and the payment will start in early September 2014. The affected households will hand over the land from September to December for construction.

75. Besides the results of Site Clearance, there are some difficulties that induce to a lagging behind the approved project schedule such as some AHs were confused about the Inventory of asset and required additional inventory, there are some difficulties due to the change in land use purpose, the prolonged duration in terms of review and approval and the quickly change of the compensation policies.

4.6. RESETTLEMENT SITE CONSTRUCTION

76. The construction progress of resettlement sites can be summarized as follows:

i. The Xuan Phuong DD1: The Xuan Phuong DD1 has been arranged for relocation since 2012 by Tu Liem district. That resettlement site designs had been completed and disclosed to AHs in Tay Tuu and Minh Khai communes who lost the land because

 

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of the Depot and Access line construction. However, this resettlement site was complained by the affected households because the land was still a swamp area, thus, the affected households should take time to level it for usage. Furthermore, the resettlement site is quite far from their original hamlet. The MRB and Tu Liem Land Fund Development Center have reviewed to obtain the resolution. It is necessary to build the basic structure for this resettlement site such as road, the water supply system, and the electricity and also implement land-marking with the participation of local people by the time payment is completed.

ii. The Xuan Phuong TT5-TT6: The TT5-TT6 used to belong to Tu Liem district land fund which was auctioned as commercial land in new urban area for local people. To speed up the site clearance implementation, the North Tu Liem District decided to convert TT5 and TT6 into the Depot phase 2 Resettlement Site. Currently, these resettlement areas have basically completed the construction of infrastructure; AHs can use this land to build their new house when moving to the resettlement site. According to Tu Liem Land Fund Development Center, these resettlement areas are enough for relocated households who are affected by the Depot phase 2.

iii. The building No.1 lot D17 Cau Giay New Urban Area: Hanoi PC has allocated resettlement apartments for the affected households by land acquisition for tunnel and underground stations in that Resettlement Site. According to the design, this building has 18 floors which include 299 apartments invested by Cau Giay PC. At present, the building is under construction and been completed 2 floors only. MRB issued the document No.289/DSDT-BQLDA1 dated 1/4/2014 reporting to the HPC. On 23/4/2014, Hanoi City Steering Committee for Land Clearance hosted a meeting with the Department of Finance, Construction, Investment and Planning. On 26/4/2014 MRB issued document No.377/DSDT-BQLDA1 on registering 160 resettlement apartments in 2014 to submit to Department of Construction and reported to Hanoi PC. In general, the Construction for No.1 lot 17 Resettlement apartment is slower that the plan approved by ADB Mission.

iv. Based on the project implementation, the completion time should be speed up to adjust fit with the project actual status. As stated in the proposed tentative schedule, the affected households can receive resettlement apartment by the end of 2014.

77. To find out socio-economic information of affected households, resettled experts conducted an independent socio-economic survey in the path and the depot area (Phase II) and two wards Van Temple and Cat Linh.

4.7. INCOME RESTORATION AND LIVELIHOOD DEVELOPMENT FOR AHS

4.7.1. Socio-economic survey of AHs

78. Socio-economic information on the affected households is conducted based on the observation: (i) The depot (phase II) selected HHs in Tay Tuu Commune, households in Minh Khai and households in Xuan Phuong commune to evaluate the impact of the project on that area; (ii) For other components, Van Chuong ward (Station No.11) and Cat Linh Ward (Stations No.10) were selected to carry out the survey because at the time of monitoring, the DMS for compensation was being implemented in that stations.

79. In the Depot phase 2 and Xuan Phuong resettlement site, the result of the survey shows that those communes are undergoing rapid growth and urbanization due to the industrial zones and city expansion process. The urban traffic system is being planned and expanded, and the small to medium

 

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industrial zones, universities and colleges are being built to meet the industrialization and education demands of the capital and neighbouring provinces.

80. In Van Chuong and Cat Linh Wards, the density of population is very high, and Hanoi CiPC is building a road in O Cho Dua- Hoang Cau at the same time with the Metro Line 3 implementation. In Van Mieu, the local PC is concerned about the road extension in Nguyen Khuyen and Ngo Sy Lien.

Table 4. Size of Surveyed AHs

Household Size

The Depot phase 2 and Xuan Phuong Resettlement Site

The Tunneland Underground Stations

Tay Tuu Commune

Minh Khai Commune

Xuan Phuong Commune

Cat Linh ward

Van Chuong ward

HH % HH % HH % HH % HH %

1-3 members 35 79.6 4 40.0 7 19.4 5 50.0 4 40.0

4-6 members 5 11.3 5 50.0 14 38.9 2 20.0 3 30.0

> 6 members 4 9.1 1 10.0 15 41.7 3 30.0 3 30.0

Total 44 100.0 10 100.0 36 100.0 10 100.0 10 100.0

81. Surveyed AHs in Tay Tuu commune combined a total of 173 members. Of these, nearly 65% are between 15 to 60 years old, and around 25% is under 15 years of age. In Minh Khai, surveyed AHs were 48 members, of which 75% belongs to the 15 to 60 age group. Surveyed AHs in Xuan Phuong commune were 214 members. Of the total 81.8% are between 15 to 60 years old. Around 17% are under 15 years of age, while less than 1% are more than 60 years old (See table 4).

 

 

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Table 5. Age Distribution of Members of Surveyed AHs

Age

The Depot phase 2 and Xuan Phuong Resettlement Site

Tunnel and Underground Stations

Tay Tuu Commune

Minh KhaiCommune

Xuan Phuong Commune

Cat Linh ward Van Chuong

ward

Person % Person % Person % Person % Person %

Under 15 years old

43 25 10 43 25 10 15 38 17 40

15 to 60 years old

112 65 36 112 65 36 10 26 8 18

Over 60 years old 18 10 2 18 10 2 14 36 18 42

Total 173 100 48 173 100 48 39 100 43 100

82. Education: There are different levels of education between people in the Depot phase 2 and the ones in Tunnel and Underground Stations .In Tay Tuu, most of the household members have some kind of formal education (82%). Around 32% has reached secondary education; while 20% attained the primary level.16%has reached college level and above. In Minh Khai, 28% of members of the AHs has a college level education and above. Twenty per cent arein primary school. The same percentage reached high school. In Xuan Phuong commune 47.9% of the household’s members has secondary education, 36.6% has junior high school education and about 7% has a degree in college or higher education. Around 8.5 % are in primary school. In Van Mieu Ward and Cat Linh Ward, 45% has a degree of Colleges and above, 30% reached high school and 25% are in the Primary School.

83. In terms of monthly income: 70% of the surveyed-AHs in Tay Tuu earn an average of over VND 5,000,000, while 19% has income between VND 3,000,000 to VND 5,000,000. In Minh Khai, almost all the surveyed AHs earn an average monthly income of over VND 5,000,000 (90%). In Xuan Phuong commune 40% of the surveyed AHs earn an average of VND 1,000,000 to 3,000,000 while the rest earn from VND 3,000,000 to 5,000,000. In Cat Linh, 90% people earn more than 5,000,000 per month and in Van Mieu, 80% earn more than 5,000,000 per month (See table 10). None of the AHs have per capita income below the official poverty rate. However, close monitoring is needed to make sure that AHs are able to find new sources of income to replace their affected livelihood and none become poor as a result of their displacement.

 

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Table 6. Monthly Income of affected households

Average Monthly Income of

Households

The Depot phase 2 and Xuan Phuong Resettlement Site

The Tunneland Underground Stations

Tay Tuu Minh Khai Xuan Phuong Cat Linh Van Mieu

AH % AH AH % AH AH %

Under VND 1,000,000 2 4 0 0 0 0 0 0 0 0

From VND> 1,000,000 to 3,000,000

4 7 0 0 15 40 0 0 0 0

From VND >3,000,000 to

5,000,000 9 19 1 10 21 60 1 10 2 20

Over VND 5,000,000 29 70 9 90 0 0 9 90 8 80

Total 44 100 10 100 36 100 10 100 10 100

4.7.2. Change in social awareness, occupation of AHs

84. Changing in Social Awareness of AHs: By in-depth interview with affected households in different components, the consultant found that most of affected people were initially aware of the advantage impact of project for local people. Even though their land/house and structure were collected for site clearance, they deeply understand that the Metro Line 3 project will bring the long-term effect for Hanoi. When the consultant asked them about using compensation money, 100% affected households answered that they set up plan to use money effectively and the money will be used to serve the economic development of the households.

Table 7. In-depth interview with AHs about the social awareness

Whole land own (100m2 resident land) of my household will be acquired for the Depot construction. Although I am worry for the future of the family after moving into resettlement areas, I still think my land will be beneficial to the development of my country, make transportation more convenient for people. Thus, I will hand over the land as soon as I get the payment.

(Woman, 40 years old, the Ha village’s resident, Tay Tuu Commune)

The High Voltage Chem - Ha Dong will use 106m2of the 120m2 of my resident land. The land compensation will affect to the livelihood of my family because I will lost my small business (duck meat restaurant) in my house. I consider about those problems carefully. I will use the compensation money to rent a new shop and extent the business furniture and interiors.

(Woman, 48 years old, the AHs of High Voltage 110kV Line)

My family lost land three times: the first land loss for renovating the dormitories for Post service in Dien Bien Phu street, another lost ground in the Nguyen Trai street improvement project and this time is for Metro Line 3. I have experience facing the difficulties during compensations, thus I think that I will arrange everything step by step.

(Man, 46 years old, AHs in Lane 33, Cat Linh ward) 

 

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85. Changing in Occupation of affected households: The land acquisition causes direct effects on the occupations of the population affected by the project. In the Depot Phase (Tay Tuu, Xuan Phuong and Minh Khai), the income by agriculture production played important role before project implementations, mainly from flower planting. At the time of monitoring, the cultivation reduced the number of households that changed from agriculture to business services has increased significantly. The main reasons are not only by the Metro Line 3 project implementation but also by the extension of No.32 Road project.

86. In Cat Linh street (No.10 Station) and Quoc Tu Giam street (No.11 station) are mostly related to non-agricultural occupations such as small business, officers, freelancer, armed forces, technician etc. The changing of the occupation in Station No.10 and No.11 are not too much because the compensation has just started.

4.7.3. The income restoration strategy and the mitigation policy for AHs

87. Income restoration strategy of AHs: When asked about the income restoration strategy after 55 % recovery of land affected households have not asked specific strategies, 30% of respondents had expected but uncertain, 10 % has a strategy to seek alternative sources of income, 5 % of people has different opinions. Especially the households who are relocated to resettlement areas Xuan Phuong, for the moment they are not handed over in a new place, so the affected households in the Depot area and access line are in confusion, not knowing any direction to implement their rehabilitation plan. In Minh Khai, when we asked about the problem of converting a new job, most of the displaced people interviewed said they were old and not a journeyman. They rely on the help of their children. The younger man displaced said he would switch to construction work in Metro line or to be a seasonally unskilled worker. Women should take care of their families and their children and so on. However, the in depth-interview with authorities in the project area shows that the AHs, especially in Tay Tuu Commune are now going to Chem, Phuc Dien and other commune near their village to lease the abandoned agricultural land and planting the flowers. Some other households are trying to rent the shop to get income by selling the basic product for Hanoi University of Industry students such as books, food, and internet service.

88. To mitigate the risk for AHs, the income restoration has been prepared in RP and also in the Updated RP approved by ADB. However, according to Hanoi PC and MRB, there will be separated Supplementary Assistance Plan for affected households in the affected areas of Depot phase 2 due to Hanoi PC invested a lot of projects in Tay Tuu, Minh Khai communes such as the infrastructure investment project and the production development loan programs. As a result, the affected households were also supported for income restoration.

89. In the Tunnel and Underground Stations component, the survey for RAP is being implemented at the time of monitoring. It is necessary to have mitigation measure for AHs in that component, especially for the AHs that lost more than 10% land and have to relocate. It is necessary to set up a detail income restoration program inside the Tunnel and Underground stations’ RAP for the AHs in stations No.9, No.10, No.11 and No.12 because there will be many AHs who lost their main income by handing over their land for the project.

4.8. GENDER ISSUE

90. By in-depth interview with women in the affected communities, the consultant found out women’s awareness on environment sanitation in hamlet and healthcare for themselves. Because the project is conducting in the urban area, the women understand clearly about the gender equity as well as their

 

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society role. The women who are impacted by the project play an important role in their family and also in the mass organizations. 75% of interviewed women attended the community meetings. Most of women are confident to discuss about project activities and the income restoration plan.

91. Land use rights certificates (LURC) for residential plots are registered under the names of both husband and wife. LURCs for plots at the resettlement site will also be registered under the names of both husband and wife. However, with regard to agricultural lands LURCs in the area are usually issued to women as they directly involved in agricultural production activities. During discussions, DPs mentioned that household members rely on men’s decision with regard to business decisions while women are responsible for household chores. Men are more likely affected because they are the primary income-earners in the households.

92. The Contractor (The Depot phase 1 construction) had employed female labour from AHs for unskilled work; female labour income was equal to that male one for the same position.

93. Until end of June 2014, MRB still not mobilize the Gender Specialist. We recommend that this specialist should be mobilized to: (i) advice and support to MRB management on gender issues; (ii) refine the Gender Action Plan for the project which includes specific measures to promote, facilitate, and ensure women’s active participation and to address their special concerns in all project activities; (iii) help the MRB appointing a gender specialist to be responsible for GAP planning, implementation and reporting; (iv) promote a Capacity Building Program, including female and male MRB staff as participants ; (v) assist MRB in monitoring the implementation of the project. Pay particular attention to potential resistance to women’s participation and facilitate conflict resolution, as required; (vi) assist the benefit monitoring and evaluation (BME) consultant in collecting gender-disaggregated and women-specific data such as compensation payment to both men and women, promoting women participation in consultation on resettlement and income restoration program development; the compensation receipts including signatures of both husband and wife once the land certificates bearing both names; (vii) assist MRB in producing monthly report for submission to ADB and other financiers.

4.9. GRIEVANCE REDRESS

94. Regarding the complaints resolution mechanism of the Project: the project complies with the complaint resolution process in accordance with ADB's policies and Vietnamese law, Article 69 Decision 108/2009/QD-UBND (real denunciation of the Law : Article 63, 64 of Decree 84/2007/ND-CP, Clause 2, Article 40 of Decree No. 69/2009/ND-CP.

95. Results stakeholder consultation including consultation with the MRB staff, the CCSCB, CiPC and a number of agencies involved, Independent Monitoring Expert found that the project implementation unit has been actively addressing the case questions relate to the unit price compensation, the resettlement assistance of affected households and other effects arising in the course of construction of the project category.

96. Brief on grievance redress mechanism of the project: complaints and grievances related to any aspect of the Project will be handled through negotiation aimed at achieving consensus and following to the grievance redress mechanism which has been regulated in Decree 108/2009/QD-UB of Ha Noi City People’s Committee.

97. The monitoring shows that in the Depot phase 2 and Xuan Phuong Resettlement site, there are 65 out of 79 affected land owners that sent their claims on compensation and assistance of that component. During May 2014, the complaint indicated that compensation price was low and their aspirations were getting the land for compensation and resettlement sites should be built inside their commune. The complaint also required that the project should support their compensation by full replacement cost (100% of new construction). On 25th June 2014, the Hanoi Land Clearance Steering

 

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Board hosted a meeting with inter-departments including DOF, DONDRE, DOC, city Inspectorate and North Tu Liem District to consider additional support, compensation, and resettlement policies for the project. On 30th June 2014, Hanoi Land Clearance Steering Board submitted a request proposal to HPC for approval on additional support for affected households whose lands are acquired for the project.

Table 8. In-depth interview with authorities for the compensation

Since Hanoi PC has decided to apply the new policy for affected household, we have revised the

inventories for AHs following the Specific policy and then sent for approval. The affected households

are very happy because they will get better payment and much more support from the project. Now

the project is selecting 30 households to relocate into Xuan Phuong resettlement Site. Other

households will consider relocating if their remaining land could not be used.

(Man, 30 years old, official in Tu Liem Land Fund Development Center)

4.10. REMAINING SHORTCOMING FROM THE THIRD MONITORING

98. In the Depot phase 2 and Access line: (i) At the end of May 2014, none of affected HHs received compensation because 65 out of 79 affected land users have sent their claims for more support for agricultural land which was illegally transferred to residential land and they also asked for their affected structures to be supported at full replacement cost (100 percent of new construction); and those who do not have other shelter except from acquired land area wanted to be moved to Xuan Phuong resettlement site; (ii) Basing on the claims of 65 out of 79 land users, on 20th May 2014, Ha Noi Land Clearance Steering Board, BacTu Liem District PC and MRB co-organized a meeting on solving the difficulties in land clearance for Depot and Access line in Tay Tuu and Minh Khai wards; (iii) On 28th May 2014, Ha Noi Land Clearance Steering Board hosted a meeting with, Bac Tu Liem District PC, city inter-departments and MRB to review all land profile of 79 land users, then proposed supplementary policy for compensation and support for the affected HHs to ensure equity, transparent and open and the proposal for new supplementary policy must be submitted for approval in June 2014.

99. In the Tunnel and Underground Stations:

i. The affected households number 423,425,427,429 in Kim Ma street sent a complaint in which required removing the ventilations to the other side of the street. MRB discussed with Systra and Systra confirmed on 28thMarch 2014 that could not modify at this stage because it could have negative impact on other household owners who may claim as well;

ii. In the regular meeting between IDOM and MRB on 28th March 2014, MRB informed that the donors agreed that there will be no change of ventilations under Station No. 9 and 11, if it changes then other station’s ventilation would change causing the delay to the project implementation. So from now on there will be no discussion on this matter. On 17th May 2014, at Ngoc Khanh ward PC, MRB and Idom consultant explained to the claims of 12 affected HHs on the impossible relocation of ventilation shafts to Ngoc Khanh car-parking and replied to the claims about the emission to the environment and impacts on the people’s health when those shafts operate in the area of Station No.9.

 

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5. CONCLUSION AND RECOMMENDATION

5.1. CONCLUSIONS

100. The Resettlement Policy has been implemented in a satisfactory way by MRB and HPC that ensure meeting the objectives of the project. The problems happened in the implementation has been solved in time by stakeholders through exchange and collaborating solutions.

101. The dissemination of project information in general and the policy on compensation, support and resettlement has been done with effort in the coordination between MRB and stakeholders. Most of interviewees said that they had received information about the project as well as the compensation policy of the implementing agencies.

102. The policy priorities, supports of the City have been consulted and disseminated to affected households and communities, contributing relatively satisfactory in the resolution of the pending complaints and questions.

103. The asset inventory of affected HHs and relocation cost calculation has been performed in an open and public way by MRB and local Compensation and Support Board. Asset inventory participants include all affected households and representatives of the MRB, local authorities, representatives of the local Compensation and Support Board, Hanoi Land Acquisition Council.

104. The asset inventory of affected HHs has been basically completed for Depot area and the Access Line. Only small volume of additional land and properties are under checking for inventory. The inventory team consists of all required members. The progress of inventory for underground stations is a little slower because the implementation plan has not been agreed.

105. Replacement cost will be applied for all types of properties, land affected by the project.

106. The resolution of questions and complaints feedback of the affected household has been done by MRB, local governments and related stakeholders. These questions raised in the construction process such as the material gathering influence traffic, tunnel construction work was calculated by MRB to make sure that it will be solved to ensure the rights of the affected household.

107. In general, Compensation, Assistance and Resettlement of the project was carried out based on the Legal Framework of RAP by Hanoi CiPC, they followed up the scheduled in RAP and public for affected household before payment. 100% affected people agreed with the Implementation steps of the project.

108. At the time of Independent Monitoring, the compensation and site clearance of the project are still underway and being speeded up by related Institutions. However, we found that there are some problems that should pay more attention.

5.2. RECOMMENDATIONS

109. Project Information disclosure:

i. The dissemination of information about project activities needs to continue to support information to the community and policies as well as their interests in the Project. MRB and stakeholders should collaborate more in solving problems which could arise in the process of resettlement and income restoration of affected household in particular and the other affected households in general.

ii. The dissemination should mobilize the gender Specialist to pay attention to the women, the elderly people and disabled people. 

 

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110. Compensation and Resettlement:

i. By the end of June 2014, none of AHs received compensation, thus, we recommend that Tu Liem district, Hoan Kiem, Dong Da and Ba Dinh districts should speed up the process of land acquisition and resettlement by making a clear coordination among stakeholders and the monitoring/supervision of the compensation that should be conducted. 

ii. Tu Liem PC should coordinate with MRB in RAP preparing for the High Voltage 110kVline Chem - Ha Dong to submit to ADB in line with the schedule. 

iii. Resettlement Action Plan should be developed in the Tunnel and Underground Stations, indicating the compensation, support and resettlement plan as well as the updated social – economic situations of all affected HHs. RAP will define the specific plan of support and income recovery for affected HHs on time and in compliance with the project policies. 

iv. Hanoi People's Committee should assist the Legal Procedures for Tu Liem District People's Committee, the Land Fund Development Center of Tu Liem to: (i) Conduct the split plot in Resettlement Area DD1,TT5 and TT6 and mark on the Map for affected household; (ii) Build rapidly the Infrastructure inside the Xuan Phuong Resettlement Area to support the affected household to plan their new live in the new place; (iii) Revise the Land Use Certificate and give to affected household and support as much as possible to complete the targeting and compensation preparation, assist for the business for the affected household as fast as possible for them to Restore their Income. 

v. Quickly complete the Resettlement apartment for relocation area in lot 17 Cau Giay to settle the affected households by the Tunnel and Underground stations component at the end of this year. 

vi. Hanoi PC should request Department of Construction, Cau Giay District to complete the resettlement building Lot 17 in Cau Giay new urban area in the end of 2014. 

vii. Currently, the Site Clearance and resettlement phase of the project is urgently done. All inquiries and complaints of the people have been resolved by MRB and stakeholders, however, MRB and related parties should collaborate more in solving problems arising in the process of resettlement and income restoration of the resettled households in particular and the other affected households in general.

111. Income Restoration Activities for AHs:

i. The project has complied with the ADB Policy which indicated in RP and also in Updated RAP, but in some cases when the project applied the Hanoi CiPC Regulations, the assistance for the affected household is low. We propose MRB to revise the income situation of affected households to ensure that the program has good support and effectively contribute to restore the livelihood for APs and their living standards not lower than previously. 

ii. The project should pay attention on mobilizing other development project in the project areas to support for affected household to restore their livelihood.

 

 

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112. Gender Issue:

i. The gender issue has not been properly concerned. In the next phase, a Gender specialist should be mobilized to set up the GAP, the project should provide specific policy priorities to support the women in employment or health protection measures when women loss their agriculture land, so far loss of productive land. We propose the MRB to indicate the data about women in Monthly Resettlement Monitoring Report. 

ii. It is necessary to enhance the key role of women, particularly rural women in the Depot phase through communication and sharing experiences to other household in the community. They should be provided suitable livelihood development assistance to share information with other households in the community. 

iii. Gender equality training course should be held in all the project areas for both men and women. Periodic on gender equity should be organized among project affected villages and communes. Reward should be given to those with good achievement. 

iv. Effective solutions should be found to raise the awareness and capacity of local community group by incorporating project activities into such organization as Women Union, Farmer Union, and Youth Union. 

Hanoi, July 2014

Nguyen Thi Lap Thu Independent Resettlement Auditing Expert

 

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ANNEX 1. LIST OF STAFF AND PEOPLE THAT PARTICIPATED IN INFORMATION EXCHANGE

   

 

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No Name of participant Position/Address

1. Lê Huy Hoàng Vice General Director of MRB Hanoi

2. Trần Tuấn Anh Team leader-Site Clearance unit of PMU1

3. Vũ Đức Chính Team leader- Tunnel Site Clearance team (PMU1)

4. Trương Chí Tài Site Clearance unit of PMU1

5. Nguyễn Ngoc Anh Vice Director of Tu Liem Land Fund Development Center

6. Trần Trung Dũng Tu Liem Land Fund Development Center

7. Vũ Đức Vinh Van Mieu Site Clearance Board Member

8. Dương Đình Chiến Head of No.44 Van Mieu Resident Group

9. Phạm Toan Head of No.35 Van Mieu Resident Group

10. Vũ Viết Liêm Head of No.45 Van Mieu Resident Group

11. Phạm Tuấn Anh Head of No.7 Cat Linh Resident Group

12. Nguyễn Thị Hảo Head of No.7G Cat Linh Resident Group

13. Nguyễn Văn Việt Vice president of Tay Tuu Commune

14. Chu Đức Viên Head of Trung Village- Tay Tuu Commune

15. Trần ĐÌnh Toàn Minh Khai Commune official

16. Chu Thiên Ất Ha Hamlet, Tay Tuu Commune, Tu Liem District

17. Nguyễn Khắc Tiếp Ha Hamlet, Tay Tuu Commune, Tu Liem District

18. Nguyễn Hữu Phiên Ha Hamlet, Tay Tuu Commune, Tu Liem District

19. Nguyễn Tự Thuật Ha Hamlet, Tay Tuu Commune, Tu Liem District

20. Nguyễn Phúc Trường Ha Hamlet, Tay Tuu Commune, Tu Liem District

21. Lê Quang Hiếu Ha Hamlet, Tay Tuu Commune, Tu Liem District

22. Lê Văn Chung Ha Hamlet, Tay Tuu Commune, Tu Liem District

23. Lê Thị Nghĩa Ha Hamlet, Tay Tuu Commune, Tu Liem District

24. Nguyễn Hữu Chung Ha Hamlet, Tay Tuu Commune, Tu Liem District

25. Nguyễn Hữu Chúc Ha Hamlet, Tay Tuu Commune, Tu Liem District

26. Vũ Thị Vy Ha Hamlet, Tay Tuu Commune, Tu Liem District

27. Nguyễn Văn Chung Thuong Hamlet, Tay Tuu Commune, Tu Liem District

 

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28. Nguyễn Thị Liên Trung Hamlet, Tay Tuu Commune, Tu Liem District

29. Nguyễn Văn Chung Tay Tuu Commune, Tu Liem District

30. Nguyễn Đức Thọ Tay Tuu Commune, Tu Liem District

31. Nguyễn NgọcTấn Ha Hamlet, Tay Tuu Commune, Tu Liem District

32. Nguyễn Khắc Tấn Ha Hamlet, Tay Tuu Commune, Tu Liem District

33. Nguyễn Thiện Hải Ha Hamlet, Tay Tuu Commune, Tu Liem District

34. Vũ Thị Thành Ha Hamlet, Tay Tuu Commune, Tu Liem District

35. Nguyễn Thiện Anh Ha Hamlet, Tay Tuu Commune, Tu Liem District

36. Nguyễn Thiện Bảo Ha Hamlet, Tay Tuu Commune, Tu Liem District

37. Nguyễn Khắc Thắng Ha Hamlet, Tay Tuu Commune, Tu Liem District

38. Tự Thị Xuyến Ha Hamlet, Tay Tuu Commune, Tu Liem District

39. Nguyễn Khắc Hồng Ha Hamlet, Tay Tuu Commune, Tu Liem District

40. Nguyễn Phúc Trường Ha Hamlet, Tay Tuu Commune, Tu Liem District

41. Lê Quang Hiếu Ha Hamlet, Tay Tuu Commune, Tu Liem District

42. Lê Văn Trường Ha Hamlet, Tay Tuu Commune, Tu Liem District

43. Lê Thị Nghĩa Ha Hamlet, Tay Tuu Commune, Tu Liem District

44. Nguyễn Ngọc Tấn Ha Hamlet, Tay Tuu Commune, Tu Liem District

45. Nguyễn Khắc Hợp Ha Hamlet, Tay Tuu Commune, Tu Liem District

46. Nguyễn Khắc Tiếp Ha Hamlet, Tay Tuu Commune, Tu Liem District

47. Nguyễn Khắc Tấn Ha Hamlet, Tay Tuu Commune, Tu Liem District

48. Nguyễn Thị Hảo Minh Khai Commune, Tu Liem District

49. Nguyễn Trọng Phong Minh Khai Commune, Tu Liem District

50. Nguyễn Trọng Bồi Minh Khai Commune, Tu Liem District

51. Nguyễn Trọng Vượng Minh Khai Commune, Tu Liem District

52. Nguyễn Thị Mão Minh Khai Commune, Tu Liem District

53. Nguyễn Tiến Lộc Minh Khai Commune, Tu Liem District

54. Đoàn Thị Tâm Minh Khai Commune, Tu Liem District

55. Nguyễn Thị Bảy Minh Khai Commune, Tu Liem District

56. Nguyễn Thị Nga Minh Khai Commune, Tu Liem District

 

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57. Lê Thị Hòa 115/9 Nui Truc Lane, Ba Dinh District, Hanoi

58. Trương Công Minh 115/9 Nui Truc Lane, Ba Dinh District, Hanoi

59. Hoàng Thị Lý (hộ Nguyễn Quốc Hùng)

115C Nui Truc Lane, Ba Dinh District, Hanoi

60. Nguyễn Thanh Thiên 113 Nui Truc Lane, Ba Dinh District, Hanoi

61. Trần Thị Thanh Hương 80 Nui Truc Lane, Ba Dinh District, Hanoi

62. Nguyễn Thị Hồng Bích 18, Lane 7, Giang Van Minh, Ba Dinh District, Hanoi

63. Nguyễn Thị Minh 27C Cat Linh, Dong Da District, Hanoi

64. Đinh Văn Ngọc No27, Cat Linh, Dong Da District, Hanoi

65. Nguyễn Xuân Lộc No.23 Quoc Tu Giam, Van Mieu

66. Vũ Nhật Hòa No.55A Quoc Tu Giam, Van Mieu

67. Nguyễn Văn Hưng Lane 51 Quoc Tu Giam, Van Mieu

68. Phạm THị Dỗi Lane 53 Quoc Tu Giam, Van Mieu

69. Nguyễn Thị Chung Lane 51 Quoc Tu Giam, Van Mieu

 

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ANNEX 2. LIVELIHOOD OF AFFECTED HOUSEHOLDS

 

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The Depot Phase 2 AHs(photos taken in 7/2014) The High Voltage Line Chem- Ha Dong

The High Voltage Line Chem- Ha Dong(photos taken in 7/2014)

The High Voltage Line Chem- Ha Dong(photos taken in 7/2014)

 

The livelihood situation in Station No.10 Cat Linh (photos taken in 7/2014)

The livelihood situation in Station No.11 Van Mieu (photos taken in 7/2014)

   

 

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The livelihood situation in Station No.11 Van Mieu (photos taken in 7/2014) 

The livelihood situation in Station No.11 Van Mieu (photos taken in 7/2014) 

The livelihood situation in Station No.11 Van Mieu (photos taken in 7/2014) 

The livelihood situation in Station No.11 Van Mieu (photos taken in 7/2014) 

 

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ANNEX 3.CONSULTATION MEETINGS / DMS SURVEY/ RESETTLEMENT SITUATION

 

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1. CONSULTATION MEETINGS 

 

Consultation meeting at Van Chuong Ward to carry out the DMS survey(photos taken in 7/2014)

Consultation meeting at Van Chuong Ward

 

AHs Socio-economic Survey Implementation(photos taken in 7/2014)

AHs Socio-economic Survey Implementation(photos taken in 7/2014)

AHs Socio-economic Survey Implementation (photos taken in 7/2014)

AHs Socio-economic Survey Implementation (photos taken in 7/2014)

 

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Publish Inventory in Tay Tuu Commune(photos taken in 7/2014)

DMS implementation (photos taken in 7/2014)

DMS implementation (photos taken in 7/2014) DMS implementation (photos taken in 7/2014)

 

 

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2. XUAN PHUONG RESETTLEMENT SITE AREA (DD1-TT5-TT6)

The infrastructure of TT5-TT6 site has been basically finished(photos taken in 7/2014)

The infrastructure of TT5-TT6 site has been basically finished (photos taken in 7/2014)

The infrastructure of TT5-TT6 site has been basically finished (photos taken in 7/2014)

The infrastructure of TT5-TT6 site has been basically finished (photos taken in 7/2014)

The infrastructure of TT5-TT6 site has been basically finished (photos taken in 7/2014)

The infrastructure of TT5-TT6 site has been basically finished (photos taken in 7/2014)

 

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The infrastructure of Xuan Phuong Resettlement site has not been started yet (photos taken in 12/2013)

The infrastructure of Xuan Phuong Resettlement site has not been started yet (photos taken in 12/2013)

The infrastructure of Xuan Phuong Resettlement site has not been started yet- The carpenter workshop is still operating (photos taken in 12/2013)

The infrastructure of Xuan Phuong Resettlement site has not been started yet (photos taken in 12/2013)