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Social Monitoring Report Quarterly Report No. 1 August 2013 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.
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Page 1: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

Social Monitoring Report Quarterly Report No. 1 August 2013

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.

Page 2: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

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.

Page 3: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

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 FIRST QUARTERLY REPORT

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

15 August, 2013

Page 4: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

Central Mekong Delta Region Connectivity Project (CMDCP)

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

Contract No.: 720A/CIPM-HDKT

RESETTLEMENT & SOCIAL FIRST QUARTERLY REPORT

Name Position Signature

Prepared by Pierre Arnoux/ Chu Duy Tuyen

Resettlement/Social Development Specialists

Reviewed by Pierre Arnoux Resettlement/Social Development Specialist

Approved by Brian Barwick Project Manager

Project Manager

Brian Barwick

August 2013

Page 5: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

LIST OF ABBREVIATIONS

ADB - AsianDevelopmentBank

AP - AffectedPerson

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 - DetailedMeasurement Survey

DNA - Detailed Needs Assessment DOLISA - DepartmentofLabor, InvalidsandSocial Assistance

FU - Farmers’ Union

GOV - GovernmentofVietnam

HH - Households

IRP - Income Restoration Program

LUF - Land Use Fee

MOT - Ministry of Transport

MOU - Memorandum of Understanding

ROW - Right-of-way

RP - ResettlementPlan

SAP - Social Action Plan

SES - Socio-economicsurvey

USD - United States Dollar

VND - Vietnamesedong

WU - Women’s Union

CURRENCY EQUIVALENTS

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

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Page 6: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

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

2. OBJECTIVES OF INTERNAL MONITORING REPORT (IMR)............................................................. 1

3. STATUS OF LAND ACQUISITION AND RESETTLEMENT ACTIVITIES (LARA) .................................. 1

3.1 Status of Resettlement Activities ................................................................................................. 1

3.2 Relocated Households ................................................................................................................. 3

3.3 Land Acquisition ........................................................................................................................... 4

3.4 Database of Affected HH ............................................................................................................. 5

3.5 Status of Payment of Compensation ........................................................................................... 5

3.6 Review of Compensation Plan for Tinh Thoi Commune .............................................................. 6

3.7 Case of Binh Tan Company .......................................................................................................... 7

4. GRIEVANCE PROCESS ................................................................................................................... 8

5. CONSULTATION ............................................................................................................................ 9

6. VULNERABLE HOUSEHOLDS ....................................................................................................... 11

7. INCOME RESTORATION PROGRAM ........................................................................................... 11

8. SOCIAL ACTION PLAN ................................................................................................................. 11

9. HIV/AIDS AND HUMAN TRAFFICKING PREVENTION PROGRAM ............................................... 13

10. INSTITUTIONAL ARRANGEMENTS .............................................................................................. 13

11. OUTSTANDING ISSUES ............................................................................................................... 14

12. CONCLUSION FOR FOLLOW-UP ................................................................................................. 14

LIST OF TABLES Table 1: Status of Resettlement Activities ........................................................................................... 2 Table 2: Resettlement Impacts and Relocated Households ................................................................ 3 Table 3: Land Use Fee in Resettlement Sites ....................................................................................... 4 Table 4: Land Acquisition ..................................................................................................................... 5 Table 5: Summary of Compensation Payments ................................................................................... 6 Table 6: Impact on Binh Tan Company ................................................................................................ 7 Table 7: Status of Grievances ............................................................................................................... 9 Table 8: Summary of Consultation Conducted by Local Authorities ................................................. 10 Table 9: Updated List of Vulnerable HH ............................................................................................ 11 Table 10: Budget Approved by MOT with Reduction ........................................................................ 12 Table 11: Activities Conducted by the DDIS Consultant Regarding Resettlement and Social Activities ............................................................................................................................................. 13

LIST OF FIGURES

Figure 3.7-1: Location of Binh Tan Industry ......................................................................................... 7

LIST OF ANNEX Annex 1: Status of Resettlement Sites ............................................................................................... 15 Annex 2: List of Grievances ................................................................................................................ 16 Annex 3: Planning of Resettlement and Social Activities from August to December 2013 .............. 17

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Page 7: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

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. A Social Action Plan (SAP) has also been prepared and approved by ADB on 7 May 2013and MoT on 4 July 2013. CIPM is the representative of the executive agency (MOT) and is responsible for internal monitoring.

3. As per agreed RPs, CIPM has to submit quarterly monitoring report to ADB and MOT. This report constitutes the first resettlement & social monitoring report.

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 measuresto 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 April 2013 to July 2013. At the time of preparation of the report, compensation was completed in 5 communes/ward (Dinh An, Tinh Thoi and Tan My in Dong Thap Province and Thot Not and Vinh Trinh in Can Tho City). However relocation just started (for HH who relocate individually) in July 2013. Most of the HH are still in their affected location.

6. Detailed Design Phase was completed in April 2013 and Implementation Phase didn’t officially start. However, because resettlement activities are ongoing, supervision of these activities by the DDIS Consultant isrequired.

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

3.1 Status of Resettlement Activities

7. A total of 1,720 HH (1,462 HH in Dong Thap Province and 258 in Can Tho City) will be affected by the project. In comparison with the data included in the RPs, the number of AHs raised from 1,555 to 1,720.

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Page 8: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

8. This is due to various reasons: i) adjustment of number of HHs in Construction Yard; ii) some HH with several families were first considered as one AH and were 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.

9. Compensation plans (CP) have been approved by relevant Province/City authoritiesfor the following communes: Tinh Thoi, Tan My (C1) and Dinh An (C3) Dong Thap Province and in Thot Not and Vinh Trinh District. In other communes in Dong Thap Province, compensation plans have been prepared but have to be submitted to Dong Thap PC for final approval. Submission of these RPs is planned when funds will be available for compensation.

10. Remaining 5 compensation plans should be approved only when the fund will be available to reduce the time gap between payment of compensation and relocation. This will help to be sure that HH use the compensation received for relocation.

11. Compensation is completed for the Cao Lanh and Vam Cong bridges approaches as construction is planned to start by the end of September 2013.

Table 1: Status of Resettlement Activities

Commune/ward Total HHs

affected by the project

Nb of AHs who received

compensation

Nb of AHs who didn't

receive compensation

Reason why compensation was not received

Component 1 635 418 217 An Bình 93 93 - Compensation Plan not approved Phường 3 47 47 - Compensation Plan not approved Tịnh Thới 317 263 54 - Budget not sufficient

Tân Mỹ 1* 178 155 23

- CP for 69 HHs not yet prepared due to adjustment to toll plaza and approach road to the bridge

- Verification of legal status of land LURC Component 2 620 0 620 -

Tân Mỹ 2 28 28 - Compensation Plan not approved Mỹ An Hưng B 176 176 - Compensation Plan not approved

Bình Thạnh Trung 142 142 - Compensation Plan not approved Bình Thành 173 173 - Compensation Plan not approved Định An C2 101 101 - Compensation Plan not approved

Component 3 207 204 3 -

Định An C3** 207 204 3 - 3 cases under review : Bình Tân & Hiệp Thanh companies and Mr Phấn.

Total Dong Thap 1462 622 840 Thoi Thuan 191 157 34 Vinh Trinh 67 49 18

Total Can Tho City 258 206 52 TOTAL PROJECT 1720 828 892

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Page 9: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

3.2 Relocated Households

12. A total of 518 HH will need to be relocated as their house is totally affected and their remaining residential land is not viable.

13. Most the HH (353 HH) will be relocated in a serviced resettlement site. Currently some HH have been relocated individually (on land they already own or land they bought). No HH has been relocated in a serviced RS at the time of the preparation of the report.

Table 2: Resettlement Impacts and Relocated Households

Commune/ward

AFFECTED HOUSEHOLDS

Number of HH affected

HH with house affected Relocated Household

HH with house totally

affected

HH with house

partially affected

Total Self relocated

Relocated in RS Total

Commune/ward HH HH HH HH HH HH Component 1 635 225 19 244 94 143 237 An Bình 93 39 17 56 9 33 42 Phường 3 47 19 1 20 1 27 28 Tịnh Thới 317 118 1 119 66 57 123 Tân Mỹ 1* 178 49 49 18 26 44 Component 2 620 188 26 214 6 166 172 Tân Mỹ 2 28 6 6 6 6 Mỹ An Hưng B 176 31 31 31 31

Bình Thạnh Trung 142 36 2 38 29 29 Bình Thành 173 80 16 96 71 71 Định An C2 101 35 8 43 6 29 35 Component 3 DT 207 57 13 70 54 9 63 Định An C3** 207 57 13 70 54 9 63 Total Dong Thap

Province 1462 470 58 528 154 318 472

Thoi Thuan 191 54 NA NA 11 35 46 Vinh Trinh 67 27 NA NA NA NA NA Can Tho City 258 81 0 0 11 35 46

TOTAL 1720 551 58 528 165 353 518

14. 6 RS are available for the relocated HH: in Cao Lanh City (ward 3 and ward 6) ; in Cao Lanh District (My Tho RS) and in Lap Vo District (Tan My and Dinh An). In Can Tho City, 2 RS are available in Thot Not District and ion Vinh Thanh District. Relocation process will start in August 2013. These RS are now all almost completed. Annex 1presents the status of each of the RS.

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Page 10: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

15. We should note that, in 2012, around 60 AHs wanted to move to the Dinh An RS once completed. Currently only 9 AHs are still interested in moving to the RS. Because compensation in Dinh An commune occurred in July 2012, most of the AHs already made their own arrangement.

16. Land Use Fee (LUF) was established in April 2013 for My Tho RS, in May 2013 for Tan My and Dinh An commune and in August and December 2012 for Ward 6 and Ward 3 as indicated in the table below. LUF depends on the width of the internal road where the plot is located. Information on LUF has been disclosed to relocated HH at the time of compensation and has been posted at the commune office.

17. We should note that the land use fees correspond generally to the highest compensation rates (category 1 for residential land) due to the location of the RS near main roads and the services available at the RS.

18. In Thot Not RS, LUF are still under discussion between the owner (Industrial Management Zone Board of Thot Not District) and CHLD of Can Tho City. There is disagreement on the level of the LUF. Can Tho City PC will take a decision regarding the level of the LUF.

Table 3: Land Use Fee in Resettlement Sites

Resettle-ment

site

No of approved decision of PPC

Submission of land Use Fee toDepartment of Finance

Land Use Fee in the Resettlement Site according to the width of the internal road

(VND/m2) No : Date No: date 12 m 9m 7m 3,4m- 4m My Tho 178/UBND-

KTTH, 03/04/ 2013

517/STC-QLCS.G

28/3/2013 1,700,000 1,000,000 1,000,000 900,000

Tan Mỹ 12m 7m 5m 280/UBND-

KTTH, 16/05/ 2013

726/STC-QLCS.G

06/5/2013 1,245,000 1,185,000 1,125,000

Dinh An 12m 7m 5m 280/UBND-

KTTH, 16/05/ 2013

726/STC-QLCS.G

06/5/2013 1,225,000 1,165,000

Ward 6 21 m 9m 7 m 528/UBND-

KTTH 09/08/2012

1347/STC-QLCS.G

02/08/2012 2,000,000 1,300,000 1,200,000

Ward 3 38/2012/QD-UBND

26/12/2012

2,000,000

Note: Plots located at the corner of internal roads will be multiplied with a 1.2 coefficient

3.3 Land Acquisition

19. A total of 246.4 ha will be acquired for the project. This is a little less than the figure provided in the RP (254.6 ha). This is due to some adjustments mainly for the toll plazas, the construction yards and the approach roads.

20. Most of the affected land is agriculture land 173.2 ha (70%); this represents 798 HH affected through loss of agriculture land.

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Page 11: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

Table 4: Land Acquisition

Commune/ward

AFFECTED LAND

Agriculture land

Residential land Garden land Public land Other land Total*

Commune/ward Ha HH Ha HH Ha HH Ha HH Ha HH Ha HH Component 1 27,36 262 2,76 141 23,57 139 2,55 2,108 6 58,348 548 An Bình 2,4 17 0,84 43 1,2 24 1,15 1 5,59 85 Phường 3 1,35 11 0,37 18 2,21 26 0,87 1 4,8 56 Tịnh Thới 10,81 142 1,05 52 12,86 52 1,65 0,088 2 26,458 248 Tân Mỹ 1* 12,8 92 0,5 28 7,3 37 0,9 0 2 21,5 159 Component 2 87,99 370 1,753 111 8,02 90 2,27 0 4,642 3 104,675 574 Tân Mỹ 2 3,73 20 0,033 2 0,776 5 0,382 4,921 27 Mỹ An Hưng B 29,89 136 0,33 10 1,43 8 1,83 33,48 154 Bình Thạnh Trung 25,97 122 0,14 7 2,004 21 2,2 30,314 150 Bình Thành 18,66 53 0,87 71 2,15 32 1,32 0,23 3 23,23 159 Định An C2 9,74 39 0,38 21 1,66 24 0,95 12,73 84 Component 3 DT 15,36 65 2,77 52 7,36 106 3,1 28,59 223 Định An C3** 15,36 65 2,77 52 7,36 106 3,1 28,59 223 Total Dong Thap 130,7 697 7,283 304 38,95 335 7,92 0 6,75 9 191,613 1345 Can Tho City 42,5 101 1,9 64 6,8 33 0,1 3,5 3 54,8 201

TOTAL 173,2 798 9,183 368 45,75 368 8,02 0 10,25 12 246,413 1546

*Some HH could be affected by loss of several types of land Source:CHLFD/CHLD 01/August/2013

3.4 Database of Affected HH

21. A database of Affected HH is under preparation. This database will identify the main loss of affected HH, the compensation received and their main characteristics (severely affected HH, relocated HH, vulnerable HH etc.). This database will be updated regularly. The database will also be used to identify HH entitled to the Income Restoration Program (HH losing 10% or more of their affected productive land; vulnerable HH and relocated business).

22. Currently various lists of AHs are available (i.e. list of HH losing more than 10% of productive land, vulnerable HH, relocated HH, relocated business) but it is now necessary to build an integrated database.

3.5 Status of Payment of Compensation

23. Compensation is completed in 5 communes/ward among 10: Tinh Thoi, Tan My and Dinh An communes in Dong Thap Province and in Thot Not ward and Vinh Trinh commune in Can Tho City.

24. We should note that all compensation made was done under the provincial/city budget.

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Page 12: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

Once the loan will be approved, compensation for the remaining communes will be done under the provisions of the loan.

Table 5:Summary of Compensation Payments

Commune/ward

Total Nb of

HH

HH who received

compensation

Total compensation

costs (billion VND

Total costs approved

(billion VND)

Total paid to

AHs(billion VND

Remaining payment

(billion VND

Component 1 635 418 362 287,7 196,83 165,17 An Bình 93 50 41,34 50 Ward 3 47 29 15,73 29 Tịnh Thới 317 263 157 133,55 112,51 44,49 Tân Mỹ 1* 178 155 126 97,08 84,32 41,68 Component 2 620 0 413,45 0 0 413,45 Tân Mỹ 2 28 0 30 0 0 30 Mỹ An Hưng B 176 0 115 0 0 115

Bình Thạnh Trung 142 0 112,45 0 0 112,45 Bình Thành 173 0 98 0 0 98 Định An C2 101 0 58 0 0 58 Component 3 DT 207 204 150 123,53 119,21 30,79 Định An C3** 207 204 150 123,53 119,21 30,79 Total Dong Thap

Province 1462 622 925,45 411,23 316,04 609,41

Can Tho City 258 206 149,53 149,53 101 48,53 Thoi Thuan 191 157

Vinh Trinh 67 49 TOTAL 1720 828 1074,98 560,76 417,04 657,94

Source: CHLFD/CHLD 01/August/2013

3.6 Review of Compensation Plan for Tinh Thoi Commune 25. A new compensation plan has been approved in June 2013 for Tinh Thoi commune (North Cao Lanh Bridge).

26. DDIS consultant reviewed the CP for Tinh Thoi commune and find it complies with the project policy included in the Resettlement plan for Dong Thap Province in particular:

• Compensation rates applied for land are based on the replacement cost survey conducted in 2012 and approved by Dong Thap PPC;

• Compensation rates for crops and structures follow decision of Dong Thap province issued in June 2012 and were found at market rate;

• VulnerableHH were identified (not only poor) and agreed allowances for vulnerable are included in the budget. These allowances have been paid to vulnerable HH;

• All other allowances identified in the RP were provided to AHs

27. This review has been submitted to CIPM under a separate document in July 2013.

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Page 13: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

3.7 Case of Binh Tan Company 28. In the letter 798/PTND-PTQD send by CHFLD to CIPM on 11 July 2013, CHFLD requires that CIPM will review and advice CHLFD on the situation of Binh Tan and Hiep Thanh Companies.

29. DDIS already reviewed this case in the interim report prepared in April 2012. Binh Tan Company (rice processing), is affected by the project (See Figure 1). The industry is located just upstream of the Vam Cong bridge (North-East of the bridge in Lap Vo District, Dong Thap Province) along the Hau River.

30. The industry is partially affected by the RoW (779 m2 of land and 1,520 m2 of building as presented in the Table below). Remaining part of land and building are located within the safety corridor (see Figure 1).

Table 6:Impact on Binh Tan Company

Total (m2) Affected (m2) % affected Compensation (VND) Land 13.680 778.8 5% 272,580,000 Building 8,570 1,519.85 17% 3,524,136,676

31. The company receives & ships products by barges and boats (20 barge/boats per day). Barges have an average loading capacity of 500-1000 tons (15-100 tons for boats). The company owns docks along the Hau River. The docks are located 25 m of the Vam Cong Bridge abutments. The industry employs 135 persons

32. Another company, Hiep Thanh, and a private owner (Mr. Phan) have also land located in the RoW and the Safety Corridor. No building is affected.

Figure 3.7-1:Location of Binh Tan Industry

Safety Corridor

Right-of-Way

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Page 14: Central Mekong Delta Region Connectivity ProjectSecure Site ...170 No Trang Long Street, Ward 12, Binh Thanh District,Ho Chi Minh City . Tel: (08) 3516 4584 Fax: (08) 3516 4886 ...

CMDCP Resettlement & Social – First Quarterly Report

33. In the letter sent, CHFLD proposed that the two companies will hand over all their land (includingthe one located in the RoW and the one in the safety corridor) and will receive in compensation, an equivalent area of land located in theconstruction yard (CY)outside the safety corridor, in order to continue production and business. Therefore they will not receive compensation for land and will receive compensation only for assets on the land. Companies will get the land once the construction of the Vam Cong Bridge will be completed.CHFLD based their decision to move companieson Decree 11/2010 on Safety corridor Art. 26 (item 4):

It is prohibited to use land areas reserved for roads as residential land areas or for business or service purposes; for anchoring or mooring ships and boats or building works which might redirect water currents or cause erosion or washout of bridges, pontoon bridges, ferry landings, water current-regulating embankments and anti-road base washout embankments.

34. Based on the project policy, only land and other assets located in the RoW could be acquired by the project. It was confirmed by the Ministry of Transport that no land will be acquired, or will not be subjected to restriction of land use as the safety corridor will not be enforced.

35. The Binh Tan and Hiep Thanh companies should be affected only for the portion in the RoW and not for the remaining part in the safety corridor which is viable for the Tan Binh Industry. The Binh Thanh Company should continue their operation at their present location and should not be relocated in the CY as proposed by CHFLD.

36. Impacts on the relocation of Binh Tan Company are major; the company will have to close during 5 years and 135 persons will be out of work. Therefore, we should avoid these impacts

37. CIPM issued letter No 2683/CIPM-QLDA, dated 31/July/2013 to answer to CHLFD’s letter. In this letter, CIPM indicates that the CY will be used during construction. After construction, the CY will be handed over to the Dong Thap PC. Only after the CY has been handed over, that decision could be made on the use of the CY. Therefore no exchange of land is possible and CHFLD should carry out compensation based on project policy.

4. GRIEVANCE PROCESS

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

39. CHFLD regularly transmit the list of grievances to CIPM/DDIS for review.Table 7 presents a summary of the grievances received by local authorities since the start of the resettlement process.We should note that most of the grievances have already been solved.

40. The DDIS consultant is preparing a database on the grievances received, the type of grievances, and theirstatus (solved not solved etc.).Annex 2 presents the start of this database for 4 communes: Tan My, Tinh Thoi, An Binh and Ward 3. This database will be updated regularly. The content of grievances is currently not included. It will be added in the next QR.

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CMDCP Resettlement & Social – First Quarterly Report

Table 7:Status of Grievances

Commune/ward Grievances received

Grievances solved

Pending grievances

Main Reasons

Component 1 267 201 66 - Increase compensation rate for land - Provide allowance for leveling - Project to acquire total land - Compensate for ditch - Increase compensation rate for structure - Review DMS

An Bình 68 60 8 Phường 3 27 27 0 Tịnh Thới 116 76 40

Tân Mỹ 1* 56 38 18 Component 2 211 209 2 - Increase compensation rate for land

- Project to acquire total land - HH want to resettle individually - Project to acquire total house -

Tân Mỹ 2 0 0 Mỹ An Hưng B 0 0

Bình Thạnh Trung 0 0 Bình Thành 157 155 2 Định An C2 54 54 0 Component 3 10 10 0 - Project to acquire total land

- Information on safety corridor - Land dispute Định An C3** 10 10 0

Total Dong Thap Province 488 420 68 Can Tho City 25 21 4

TOTAL 513 441 72 Source: CHLFD/CHLD 01/August/2013

5. CONSULTATION 41. Various consultations were conducted by local authorities in the last months. The following table presents the characteristics of these consultations.Consultation took place in particular at the time of compensation to inform AHs of the time of the compensation in Tinh Thoi and Tan My communes. These meetings gathered representatives of the following groups:

• CHFLD Dong Thap Province • Commune PC • Fatherland Front • Farmer’s Union • Women’s Union • Affected HH

42. A specific consultation has also been held in Tinh Thoi commune regarding the reduction for the construction yards.For all consultation held, minutes of meetings were prepared.Consultation was also done regarding land acquisition in the interchange loops. Table 8 summarizes the consultation conducted.

43. In Dong Thap Province 5 communes are not yet compensated and in Can Tho City, some HH are also waiting for compensation due to lack of funds. Regular information is however requested to keep AHs continuously informed especially on the date of compensation.

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CMDCP Resettlement & Social – First Quarterly Report

Table 8:Summary of Consultation Conducted by Local Authorities

Location and time

Participants Purpose Issues discussed Comments from participants Minutes of Meeting

Tinh Thoi commune 27 February 2013

- CHFLD - Commune PC - AHs: 77 among

85 AHs

Information on the reduction of Construction yard

- Reason to reduce CY - Process of complaint if HH

experience negative impacts

- Several HH complains they borrow money from the bank to buy new land as they thought they were affected

- Minute No 01/BBLV/HM01.H/05-11/PTQĐ, dated 27/02/2013

Tinh Thoi commune 13 June 2013

- CHFLD - Commune PC - Fatherland

Front - Women’s Union - Representatives

of HH

Public disclosure of the compensation plan

- Disclosure of lists of HH affected, name, address, land and non-land assets affected, % of remaining land;

- Legal basis applied to calculate compensation including allowances for every HH

- List of HH who will be relocated;

- Policy for resettlement

- All participants agree for the public disclosure (post at commune office during 20 days) and of every individual compensation plan to AHs.

- CHFLD & Tinh Thoi commune are responsible to receive complaints and answer to HH

- Tinh Thoi commune in charge to provide information to AHs

- Minute No 40/BBNY/HM01.H/05-11/PTQĐ, dated 13/06/2013

Tan My commune 13 June 2013

- CHFLD - Commune PC - Fatherland

Front - Farmer’s Union - Women’s Union - Representatives

of HH

Public disclosure of the compensation plan

- Disclosure of lists of HH affected, name, address, land and non-land assets affected, % of remaining land;

- Legal basis applied to calculate compensation including allowances for every HH

- List of HH who will be relocated;

- Policy for resettlement

- All participants agree for the public disclosure (post at commune office during 20 days) and of every individual compensation plan to AHs.

- CHFLD & Tan My commune are responsible to receive complaints and answer to HH

- Tan My commune in charge of information to AHs

- Minute No 12/BBLV/HM01.H/04-11/PTQĐ, dated 13/06/2013

An Binh, August 1 AM; Tan My, August 1 PM; Binh Thanh August 2 AM; Dinh An, August 2 PM;

- CHFLD - Affected

persons in the interchange loop

Land acquisition in the interchange loop

- Criteria to acquire land in the loop (no access);

- Safety issue;

- Some HH want the Project to acquire all their land in the interchange loop;

-

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CMDCP Resettlement & Social – First Quarterly Report

6. VULNERABLE HOUSEHOLDS

44. The number of vulnerable HH has been updated for each province/city and by commune/ward. The total number of vulnerable HHs is 285. Most of the vulnerable HH are landless (58%). Most of the time,a landless HH is a HH who built house on a land belonging to another owner (with agreement with the land owner).

45. CIPM assisted by DDIS will ensure that all the vulnerable HH will receive the allowance included in the RPs. The vulnerable will be also entitled to the IRP.

Table 9: Updated List of Vulnerable HH

Poor HH

Woman head of HH

Disabled head of HH

Social policy Beneficiaries Landless Ethnic

Minority Total

Dong Thap 57 45 6 5 144 0 258 Can Tho 3 2 0 1 21 0 27 TOTAL 60 47 7 6 165 0 285

7. INCOME RESTORATION PROGRAM

46. The Detailed Needs Assessment (DNA) is the first step of the Income Restoration Program (IRP). The ToR and budgetfor the DNA have been approved by ADBon 22 July 2013. CIPM submitted the ToRs for DNA to MOTfor approval on 25 July 2013.

47. Following approval of the ToRs for DNA, CIPM will issue Notice to Proceed for the DNA to the DDIS Consultant. Start of the DNA is expected at the end of August 2013.

8. SOCIAL ACTION PLAN

48. The Social Action Plan (SAP) has been approved by ADB in April 2013 and by MOT on 9 July 2013. Implementation of the SAP will start in August 2013. The planning of the activities to be implementedarepresented in Annex 3.

49. We should note that the MOT approved the SAP with a reduced budget(70,225 USD in comparison with 90,531 USD approved) as presented in the table below. Main items cut or reduced concern the level of allowance for participants or for lecturer:

• Reduction of allowances to participants to workshop; • Cut of accommodation allowances for lecturers; • Reduction of rates for stationery, water for participants; • Reduction of participants to workshop;

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CMDCP Resettlement & Social – First Quarterly Report

Table 10: Budget Approved by MOT with Reduction

ITEM REDUCED/CUT

VND USD VND USD VND USD1. LIVELIHOODS AT FERRY SITES 290 600 000 13 938 154 340 000 7 402 (136 260 000) (6 536)

1.1 Information Campaign 290 600 000 13 938 154 340 000 7 402 (136 260 000) (6 536)

Printing materials; reduction of allowance to participants (from 50,000 to 20,000 VND); reduction of rate for stationnery and water for participants

1.2Income Restoration Measures (to be costed one year before bridge opening estimated 7 billion VND (336,000 USD)

2. GENDER STRATEGY 1 425 378 000 68 363 1 177 698 000 56 484 (247 680 000) (11 879) 2.1 WU Support to Shopkeepers at ferry site 252 660 000 12 118 252 660 000 12 118 - (0) 2.2 WU Support to Contractors 105 078 000 5 040 105 078 000 5 040 - (0)

2.3 Capacity Building 1 067 640 000 51 206 819 960 000 39 327 (247 680 000) (11 879)

Cut the number of particpants to workshop (31 to 28 and 24 to 21)l reduce allowance for particpants for accomodation from 120,000 to 36,000 VND); Cut accomodation allowance for lecturers

3. TOTAL 1 715 978 000 82 301 1 332 038 000 63 887 (383 940 000) (18 414) 4. Contingency (10%) 171 597 800 8 230 133 203 800 6 389 (38 394 000) (1 841) 5. GRAND TOTAL 1 887 575 800 90 531 1 465 241 800 70 275 (422 334 000) (20 256)

BUDGET INCLUDED IN THE APPROVED SAP

BUDGET APPROVED BY THE MOT

DIFFERENCE

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CMDCP Resettlement & Social – First Quarterly Report

9. HIV/AIDS AND HUMAN TRAFFICKING PREVENTION PROGRAM

50. The HIV/HAIDS and Human Trafficking Program has been approved by ADB in June 2013. This program has been submitted to MOT for approval in July 2013.

10. INSTITUTIONAL ARRANGEMENTS

51. Since the approval of the Resettlement Plans in April 2013, the DDIS Consultant mobilized the National Resettlement Specialist,Mr. Chu Duy Tuyen, full time and the International Resettlement Specialist, Mr. Pierre Arnoux, part time. The following table presents the activities conducted since April. Table 11: Activities Conducted by the DDIS Consultant Regarding Resettlement and Social Activities

Month Activities Conducted April 2013 - Finalization of Social Action Plan

- Finalization of HIV/AIDS & Human Trafficking Prevention Program - Preparation of ToR for Detailed Needs Assessment

May 2013 - Preparation of ToR for Detailed Needs Assessment - Preparation of ADB review mission - Participation to the ADB Review mission 21-23 May - Finalization of HIV/AIDS & Human Trafficking Prevention Program

June

- Field visit to Dong Thap Province 4 June 2013, review of Resettlement Sites and status of compensation

- AusAID mission on Monitoring & Evaluation from 11 to 14th - Preparation of ToR for Detailed Needs Assessment - Review grievances

July

- Review of affected HH baseline survey from AusAID; - Preparation of costs estimates and TOR for local institution to conduct

baselines survey (M&E); - Review of compensation plan for Tinh Thoi commune; - Meetings with external monitor on 23rd (with CIPM) and 24th; - Preparation of database for AHs; - Collection of information on AHs; - Review grievances;

52. Meeting were held with the CHLFD in June and July 2013. Regular contacts with local authorities were also conducted to update data and to assist to resolve grievances. Starting August 2013, monthly site visits, including meeting with local authorities and meetings with AHs,will be conducted.

53. In June 2013, a field visit was held to review the status of the resettlement sites. Annex 1 presents the status of the resettlement sites.

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CMDCP Resettlement & Social – First Quarterly Report

11. OUTSTANDING ISSUES

54. The main outstanding issues are presented below.

55. Reduction of Construction Yard in Tinh Thoi Commune; CHFLD still didn’t complete full investigation for HH who raised complaint due to the reduction of the CY. CIPM and DDIS consultant will assist and provide guidance to CHLFD and PPC in order to propose assistance measures to HHs who borrow money from the bank to buy replacement land.

56. Completion of Resettlement Sites; resettlement sites are nearly completed and for some are ready for the relocation of HH. CIPM and DDIS will ensure that all services are in place when the HH will start to relocate.

57. Safety Corridor; following the case with Binh Tan company, CIPM & DDIS will review cases linked to safety corridor to ensure that no HH/company within the safety corridor will experience loss of land use or any other impacts. The specific case of the Tan Binh Company will be in particular closely investigated to ensure this company could operate at its present location.

58. Land Use Fee in Thot Not RS; level of land use fee are still under discussion between the owner (Industrial Zone Management Board and CFLD). Can Tho City PC will take a decision. DDIS will follow up to ensure a decision is taken.

59. Information to AHs on the time of compensation; regular information has to be provided to AHs by the CFLD in both Dong Thap Province and Can Tho City on the expected time of compensation for the 5 communes in Dong Thap Province were compensation has not yet been paid and for the 52 AH in Can Tho who are waiting for compensation.

12. CONCLUSION FOR FOLLOW-UP

60. As relocation started in July 2013 for individual relocation, this activity has to be closely followed-up. As specified in the SAP, the women’s Union will be involved during relocation to have a counseling role amongst women and HH. DDIS will meet Women’s Union in August to identify tasks to be conducted regarding relocation of HH.

61. The DDIS consultant has also to finalize the database of affected HH. Currently, lists of various types of HH (vulnerable HH, severely affected HH, relocated HH), but these lists are not integrated in a single database.

62. Annex 3 presents the planning of resettlement and social activities for the coming months.

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CMDCP Resettlement & Social – First Quarterly Report

Annex 1: Status of Resettlement Sites

RS Location Location of AHs Owner Area/Plots Services Relocation status

My Tho RS My Tho Town Cao Lanh District Dong Thap province

- 4 km from affected area

- Planned for the HCMC highway project;

- AHs affected Interchange with NH 30 and the project (for An Binh Commune, Cao Lanh District)

- - Center for

Housing and Land Fund Development Dong Thap Province

- 30 plots available for CMDCP;

- RS completed - Water supply from piped water from

My Tho town network) - Electricity from public network - Public buildings planned -

- PC office under construction

- No HH started to build

Ward 3 RS Cao Lanh City Dong Thap province

- 5 km from affected area

- Planned for other local projects

- AHs affected by the project located in Ward No 3 , Cao Lanh City )

- 13,8 ha - 24 plots for

CMDCP

- Existing RS - All services in place -

- No HH started to build

Ward 6 RS Cao Lanh City Dong Thap province

- 1- 2 km from affected area

- Planned for the Project and other local projects

- AHs affected by the Cao Lanh bridge in Tinh Thoi commune, Cao Lanh City

- 24 plots for CMDCP

- RS completed - Water supply planned (piped water

from water supply network Electricity from public network

- No HH started to build

Tan My RS Tan My Commune Lap Vo District Dong Thap province

- 2-4 km from affected area

- Planned for the Project

- AHs affected by Cao Lanh bridge and connectivity road to Cao Lanh Bridge (

- 7.78 ha - 303 plots

- First phase completed - Water supply from well within the RS

to an elevated water tank (well existing but water tank under construction)

- Electricity from public network

- No HH started to build

Dinh An RS Ding An Commune Lap Vo District Dong Thap province

- 1.-2 km from affected area

- Planned for the Project

- AHs affected by Vam Cong Bridge, interchange & road to Vam Cong Bridge

- 4.51 ha - 193 plots

- Lacked filling and compacting of plots; - Sidewalks were not yet finishedWater

supply available (piped water from local network)

- No HH started to build

Thot Not RS Thoi Thuan Ward, Thot Not District, Can Tho City

- 1-2 km from affected area

- Planned for other projects (Industrial Park)

- AHs affected by Vam Cong Bridge, Interchange with NH91 and Construction Yard

- Industrial Zone Management Board of Thot Not District

- 50 (plot: 5 x 20 m = 100 m2)

- Existing RS - All services already in place

- No HH started to build

Vinh Thanh RS Vinh Thanh Town, Vinh Thanh District, Can Tho City

- 12-15 km - Planned for

other local projects (Road)

- AHs affected by 1.5 km link to NH80

- Private Cie located in Can Tho

- 200 - Extension of existing RS - All services already in place

- No HH started to build

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CMDCP Resettlement & Social – First Quarterly Report

Annex 2: List of Grievances

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CMDCP Resettlement & Social – First Quarterly Report

Annex 3: Planning of Resettlement and Social Activities from August to December 2013

AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER RESETTLEMENT - Preparation/Review documents

- Preparation of AHs database; - Follow-up recommendations of external monitor;

-

- Review compensation plans prepared for Component 2

- Preparation of AHs database - Review compensation plans prepared for Component 2

- Meeting with contractor of CL bridge to explain resettlement process and reduce impacts during construction

- Review compensation plans prepared for Component 2

- Supervision of activities

- Supervision of activities

- Supervision activities

- Supervision mission (3-4 days); - Follow-up relocation of AHs - Review grievances

- Supervision mission (3-4 days - Follow-up relocation of AHs - Review grievances

- Supervision mission (3-4 days);

- Review grievances

- Supervision mission (3-4 days);

-

- Supervision mission (3-4 days);

- SOCIAL ACTION PLAN - Involvement of WU - Meeting with Women’ Union

DT&CT to discuss role of WU during relocation in Resettlement Sites;

- Sign MoU with WU and start implementation of Resettlement activities;

- Mobilize social and gender national specialist;

- Supervise activities Supervise activities Supervise activities

- Information Campaign at Ferry Site

- Preparation of leaflet to distribute to shopkeepers and posting of information

INCOME RESTORATION PROGRAM - Detailed Needs Assessment

- Preparation of database for AHs; - Establishment of Steering Committee and working groups;

-

- Prepare MoU for each stakeholder

- Meetings with working groups;

- Preparation of income restoration activities;

- Conduct pilot workshop;

- Sign MOU - Start conduct workshops - Confirm HH choice -

- Finalize workshops; - Finalize database

- Review work plan year 1 and prepare final work plan

- Sign contract with stakeholders

QUARTERLY REPORT 1st Quarterly Report 2nd Quarterly Report

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