Viet Nam: Secondary Cities Development Project - Buon Ma Thuot Subproject

Transcription

1 Resettlement Monitoring Report Semi-Annual Report January 2017 Viet Nam: Secondary Cities Development Project - Buon Ma Thuot Subproject Prepared by Nguyen Van Trung, External Resettlement Monitoring Consultant, for the Provincial People s Committee of Buon Ma Thuot Province and the Asian Development Bank.

2 CURRENCY EQUIVALENTS (as of {Day Month Year}) {The date of the currency equivalents must be within 2 months from the date on the cover.} Currency unit {currency name in lowercase (Symbol)} {Symbol}1.00 = ${ } $1.00 = {Symbol } {AAA} {BBB} {CCC} ABBREVIATIONS {spell out (capitalize only proper names)} {spell out} {spell out} {WEIGHTS AND MEASURES} {symbol 1 (full name 1)} {Definition 1} {symbol 2 (full name 2)} {Definition 2} {symbol 3 (full name 3)} {Definition 3} {Term 1} {Definition 1} {Term 2} {Definition 2} {Term 3} {Definition 3} {GLOSSARY} NOTE{S} (i) The fiscal year (FY) of the Government of {name of borrower} {and its agencies} ends on {day month}. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on {day month} {Note: If FYs are not referred to within the text, delete the entire note and change NOTES to NOTE.} (ii) In this report, "$" refers to US dollars. {Note: If a second $ currency is referred to in the text, e.g., NZ$ or S$, add: unless otherwise stated. In the text, use $ for US dollars and the appropriate modifier, e.g., NZ$ or S$, for other currencies that use the $ symbol.} This resettlement 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.

3 CONTENTS CONTENTS... ii LIST OF TABLES... iii GLOSSARY... iv I. INTRODUCTION Secondary Cities Development Project Secondary Cities Development Project Buon Ma Thuot City Subproject... 6 II. OBJECTIVES AND METHODOLOGY OF RESETTLEMENT INDEPENDENT MONITORING Objectives Monitoring Indicators and Criteria of RP Implementation Methodology of RP Implementation Monitoring Observation method: Source of information and data Compositions of the Monitoring Team and Schedule III. MAGNITUDE OF SUBPROJECT S IMPACTS IV. RESETTLEMENT PLAN IMPLEMENTATION OF THE SUBPROJECT V. RESULTS OF RESETTLEMENT PLAN IMPLEMENTATION MONITORING Information disclosure and Public Consultation Detailed Measurement Survey(DMS) Compensation Rate and allowances Compensation payment and assistance Resettlement and Site clearance Status of Grievance redress Livelihood and Income Restoration Program Issues on Gender Compliance level when implementing Resettlement Plan VI. CONCLUSION AND RECOMMENDATIONS Conclusion Recommendations VII. PLAN FOR THE NEXT MONITORING ASSIGNMENT ANNEXES ii

4 LIST OF TABLES Table 1.1: List of Packages under Buon Ma Thuot city Subproject... 7 Table 2.1: Positions and specific tasks of each members of the monitoring team Table 3.1: Comparison between actual number of affected households and that in urps Table 3.2: Comparison of actual magnitude of land acquisition and that in urps) Table 4.1: Schedule of compensation, assistance under Package as of 05 October Table 5.1: Summary of compliance level in updated RP implementation iii

5 Affected persons (APs) Compensation Cut-off Date Detailed Measurement Survey (DMS) Entitlements Land Acquisition Relocation Replacement cost Resettlement GLOSSARY - Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (e.g., residential, commercial, agricultural, and/or grazing land), water resources or any other fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without physical displacement. - This is payment given in cash or in kind to affected persons (APs) at replacement cost or at current market value for assets and income sources acquired or adversely affected by the project. - Date prior to which the occupation or use of the project area makes a person, household or entity eligible to receive compensation and assistance under the Project. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the DMS; or (ii) they have lawfully acquired the affected assets following completion of the census and the DMS and after the conduct of the detailed measurement survey (DMS). For this project, 10 May 2015 is considered as the cut-off date. - Finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of APs. The final cost of resettlement can be determined following completion of the DMS. - Refers to a range of measures, such as compensation in cash or in kind, income restoration support, transfer assistance, relocation support, etc., which are provided to the APs depending on the type and severity of their losses to restore their economic and social base. - Process whereby any household under the Secondary Cities Development Project, through the Land Fund Development Centre, will alienate all or part of the land it owns or possesses to the ownership and possession of that agency for the project in return for compensation at replacement costs. - Physical relocation of an AP from her/his pre-project place of residence and/or business. - Means the amount in cash or in kind needed to replace an asset in its existing condition, without deduction of transaction costs or depreciation and salvageable materials, at prevailing current market value at the time of compensation payment. - Refers to various measures provided to DPs or AHs to mitigate any and all adverse social impacts of the project, including compensation, relocation, and rehabilitation as iv

6 Severely affected Households Vulnerable groups needed. - This refers to AHs who will (i) lose 10% or more of their total productive assets, and/or (ii) have to relocate, and/or (iii) lose 10% or more of their total income sources due to the project. - These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized due to the project and specifically include: (i) female-headed households with dependents, (ii) household heads with disabilities, (iii) households falling under the generally accepted indicator for poverty, (iv) elderly households who are landless and with no other means of support, (v) landless households, (vi) severely affected ethnic minorities. v

7 I. INTRODUCTION 1.1. Secondary Cities Development Project 1. The Government of the Socialist Republic of Viet Nam has obtained a loan from the Asian Development Bank (ADB) towards the cost of the Secondary Cities Development Project. The project will finance urban environment improvement through 11 infrastructure subprojects in three secondary cities in central region of Viet Nam which are Buon Ma Thuot (DakLak province), Ha Tinh (Ha Tinh province), and Tam Ky (Quang Nam province). 2. These subprojects will cover (i) solid waste management (SWM) for improved environmental quality; (ii) urban road upgrading for improved connectivity and evacuation during disasters; and (iii) completion of flood dikes, drainage channels, and regulating basins for flood control. The project aims to develop urban infrastructure and improved environmental sustainability to the effects of climate changes Secondary Cities Development Project Buon Ma Thuot City Subproject a) Objectives of the Project: Long-term objectives of the subproject is to promote the transition of Buon Ma Thuot city from a secondary urban into center urban of the Central Highlands and under directly the Central before 2015 through upgrading urban infrastructure, priorities and organizational capacity building, gradually become the center of education - scientific research and health care in the central Highlands and Vietnam - Laos - Cambodia development triangle area, etc. Step by step meet the Overall Planning of urban system development in Vietnam by 2025 and vision to b) Components of the project: 3. Buon Ma Thuot City Subproject is one composition of the Secondary Cities Development Project (Tam Ky, Ha Tinh and Buon Ma Thuot). This Subproject has been implemented in 05 wards/commes of Buon Ma Thuot city, including the wards: Tan Lap, Tu An, Ea Tam and communes of Hoa Phu, Cu E Bur. 4. Buon Ma Thuot city Subproject includes 04 components as follow: Component BMT- 01: Environmental management (solid waste management and landfill site) 5. The objectives of this component are (i) Sustainable solid waste management: Construction of landfill site with technologies and recycling works in Hoa Phu and procurement of necessary operational equipment for landfill site; (ii) Environmental improvement: Restoration of free landfill site - Cu E Bur which is environmentally unsustainable and has been causing air and water environmental pollution, adding to adverse impacts on local aesthetic; (iii) Community s participation and awareness: Support sustainable solid waste management institution at household level. Component BMT- 02: Development of urban traffic road (Tran Quy Cap road) 6. The objectives of this component are: (i) New development: To support the improved connection roads (satisfy the appropriate design criteria) with main community works of the city and locality such as hospitals in the Central Highlands region, Public Medical College and sports complex; (ii) Residential Development: to provide improved connection road (meet the appropriate design standards) for newly-planned (and existing) residential development areas as proposed in the Overall Planning; (iii) The Eastern ring road: To 6

8 complete the main part of the Eastern ring road (along with Mai Thi Luu road) as proposed in the General Plan. Component BMT- 03: Development of urban traffic road (Mai Thi Luu road) 7. The objectives of this component are: (i) New development: To support the improved connection roads (satisfy the appropriate design criteria) with main community works of the city and locality such as hospitals in the Central Highlands region, college of public Health and sports complexes; (ii) Residential Development: to provide improved connection road (meet the appropriate design standards) to newly-planned (and existing) residential development areas as proposed in the Overall Planning; (iii) The Eastern ring road: To complete the further part of the Eastern ring road (along with Tran Quy Cap road) as proposed in the Master planning. Component BMT-04: Capacity Development (project implementation support) 8. The objectives of this component are: (i) Improving urban cultural life, especially the people's awareness of hygiene and environmental protection; (ii) Improving management capacity and maintenance for works of the authorities and local communities. 9. The table below indicates project location, division and designing of the packages under the Subproject. Table 1.1: List of Packages under Buon Ma Thuot city Subproject No. Items Project location Description I Component BMT- 01: Environmental management Solid waste management and construction of landfill site II 1 2 Construction of Hoa Phu landfill site Environmental improvement Hoa Phu commune Cu E Bur commune This component includes construction of a landfill and recovery facility with area of 104 hectares at Hoa Phu commune. This landfill site is far from the city center about 20 km. Haft of the landfill site (51.7 hectares) will be built in the phase 1 of the project. After completion, the existing landfill site in Cu E Bur will be closed and recovered. The proposed new landfill site is mainly located in agricultural area with cashew tree as major. Restoration of free landfill site - Cu E Bur which is environmentally unsustainable and has been causing air and water environmental pollution, adding to adverse impacts on local aesthetic; Component BMT- 02: Construction of strategic road Tran Quy Cap road 1 Tran Quy Cap road Tan Lap ward and Tu An ward Tran Quy Cap is one of the road which will help to improve regional transport and connectivity to service works such as general hospital of the Central Highlands (under construction with 800 patient beds) and Community Heath Care University and Sports Complex. The road also connects into new 7

9 No. Items Project location Description III IV residential areas (and existing residential areas) as proposed in Master Planning. Finally, the road will complete a large part of the ring road proposed in Master Planning. Existing Tran Quy Cap road with the width of 8-10m will be expanded into the 24m-long road. Total length of the road is 3,942 km, starting from Nguyen Van Cu road (NH26) and ending at Mai Thi Luu road at regional hospital. Typical cross-section of the road has 4x3.5m lanes and 2 x 5 m sidewalks. Component BMT- 03: Construction of strategic road Mai Thi Luu road 1 Mai Thi Luu road Tu An and Ea Tam wards Mai Thi Luu road has total length of 2,575 km. The road starts from Tran Quy Cap road at the local hospital and ends at Tran Quy Cap road. The first 1km section is new road, mainly passing burnt-over land. The road also passes through residential area and cemetery (36 graves will be affected). The remaining 1.6km section follows according to the existing Mai Thi Luu road. The current road boundary is 14m. Typical cross-section has width of 2 x 5.25 m of lane s width and 2 x 1.75 of sidewalk s width. Component BMT 04 - Capacity Building (Subproject implementation support): (Source: PMU- Buon Ma Thuot city, October /2016) 8

10 Figure 1: Location of Buon Ma Thuot City Subproject II. OBJECTIVES AND METHODOLOGY OF RESETTLEMENT INDEPENDENT MONITORING 2.1. Objectives 10. The main objectives of the resettlement independent monitoring are to ensure the compensation, assistance, resettlement and site clearance for households affected by the project in accordance with the approved Resettlement Plan and to ensure the compliance with the ADB s policy on Involuntary Resettlement, the regulations of GoV and the People s Committee of Dak Lak province. 11. The overall objectives of independent monitoring are to periodically review and give independent evaluation opinions on whether the Component gains resettlement objectives, changes living standards and life of affected persons, restoration of basic socio-economic conditions of affected persons, efficiency in organizational mechanism, necessity of other mitigation measures, if any, to draw experiences for strategic planning and making policies in the future. 12. The monitoring and evaluation activities will be conducted periodically during the implementation phase and after the resettlement period to ensure that land acquisition and resettlement comply with the approved resettlement plan and gain resettlement objectives. The monitoring will frequently reflect the implementation of resettlement activities in order to timely propose solutions to address outstanding issues during the project implementation phase. 9

11 13. The Consultant is required to provide technical assistance and consultancy for the Compensation and Resettlement Council and the PMU of Buon Ma Thuot city in relation with arising issues Monitoring Indicators and Criteria of RP Implementation Key indicators of independent monitoring and evaluation of RP implementation 14. Key indicators of independent monitoring and evaluation of RP implementation include: Payment of compensation as follows: (a) payment, full, sufficient and timely, for all affected persons (b) satisfactory payment to replace affected property. Technical support measures: Displaced households have to rebuild houses and structures on their remaining land or building on new locations or new land arranged by the project (if any). Public consultation and perceptions for compensation policies: (a) displaced households will be fully informed and consulted about the preparation activities of resettlement sites; (b) The monitoring team will attend public consultation meetings to consider and discuss issues and problems arisen and propose solutions, (c) public perceptions for the rights and compensation and resettlement policies which will be evaluated in the displaced households, (d) assessment of the perceptions for different solutions available to households affected by the project in accordance with the resettlement plan. The support measures for income restoration. Monitoring the restoration of production activities of the displaced households. The level of satisfaction of AHs with different areas of the resettlement plan will be monitored and followed. The operating of the grievance redress mechanism and affected persons satisfaction level for grievance redressing. The progress of the site clearance, compensation and resettlement of the Project. Specific Monitoring and Evaluation Indicators 15. The independent monitoring consultancy team carried out monitoring all contents of the urp throughout the resettlement implementation stage. Based on the requirements set out in TOR, the Consultant establishes specific indicators for the monitoring as follows: Consultation, Participation and Information Disclosure (i) Verify that the affected persons received and understood the public information booklet distributed by PMU. (ii) Verify that the affected persons were adequately notified of public meetings and other consultation activities carried out by PMU during resettlement plan updating. (iii) Assess affected persons adequate and timely reception for information on the Project and resettlement process. (iv) Assess that affected persons were consulted on their choices and were encouraged to raise suggestions and concerns during the meetings. Detailed measurement survey (DMS) 10

12 (i) Verify that the affected persons (both men and women) were present the conduct of detailed measurement survey and kept a copy of their DMS form with signatures of representatives of related parties. (ii) Verify the adequacy and accuracy of DMS and any complaint of AHs about DMS. Entitlements and Compensation (i) Verify that the compensation plan adheres to the principles and policies of the agreed updated resettlement plan. (ii) Verify that the affected persons received full compensation amounts and other entitlements as specified in the compensation plan. (iii) Verify that the pricing in the compensation plan adequately reflects replacement value in the local markets. (iv) Verify that replacement land (if available) provided by the project has been of equal value and productive capacity as land acquired by the project. (v) Project and that the affected persons have received land user rights certificates for the replacement land. (vi) Verify that compensation payments were made in due time to allow affected persons to relocate and make necessary preparations before start of civil works construction. Relocation and Rehabilitation (i) Verify that resettlement sites and/or replacement land have been provided as planned, that income rehabilitation programs (if any) are progressing appropriately and that affected persons are progressing appropriately in re-establishing their income and productive levels to the pre-project level appropriately. Vulnerability and Gender Strategy specific actions (i) Verify the special needs and assistance of the poor and vulnerable households have been provided as planned and that and any on-going assistance or programs to improve their socio-economic conditions are progressing appropriately. (ii) Verify that the gender strategy specific actions are being followed and carried out as per agreed resettlement plan (and as reflected in the updated resettlement plans). Grievance and Complaints (i) Assess that the affected persons were aware of and understand the project s mechanism for addressing grievances and complaints. (ii) Verify that any complaints filed were resolved satisfactorily and in line with the principles and policies of the agreed resettlement plan. (iii) Verify that the affected persons paid no fees for filing complaints at the commune, district or provincial level Methodology of RP Implementation Monitoring 16. To implement the monitoring tasks, the Consultant used a combination of research methodologies, including qualitative and quantitative methods to accomplish the tasks as convenient and efficient as possible. The main methodologies are as follows: 11

13 Desk review: 17. The Consultant collects and reviews all relevant documents provided by PMU of Buon Ma Thuot city, the Center for Land Fund Development of Buon Ma Thuot city, including internal monitoring reports, DMS database, approved compensation plan and so on. The desk review is to verify whether all rights and entitlements of affected persons are included in the compensation plans based on replacement costs or not. Desk review includes: - Study the updated Resettlement Plans to define the objectives and scope of the work to achieve the specific results of the monitoring; - Analyze the resettlement policies of the Government of Vietnam and Donors; the provisions of the Government of Vietnam and the legal basis of the resettlement implementation of the project; - Manage assessment database, records of inventory minutes, confirm the payment of compensation, etc. in the office of Buon Ma Thuot city PMU and the Center of Land Fund Development of Buon Ma Thuot city; - Analyze the documents related to resettlement of the project from different sources Quantitative method Questionnaire-based survey: As agreed in the approved ToR, questionnaire-based survey should be carried out with 100% of severely affected households and 10% of marginal affected households. So during the 1 st periodic monitoring, the Independent Monitoring Consultant carried out the questionnaire-based survey for 75 households, including 60 (out of 240 severely affected households) and 15 households (out of 113 marginally affected households, equivalent to 13.2%). The survey was conducted for both men and women, the elderly and other vulnerable groups. Questionnaire sample for AHs is attached to Annex Qualitative method The Consultant carried out the in-depth interview and focus group discussion to collect information from different stakeholders, including APs. In-depth interview: The Consultant carried out 33 in-depth interviews with key informants including 4 heads of villages and 4 leaders of the Commune People s Committees and 25 households that have larger acquired land area than others (in which 20 households losing 10% or more of total productive landholdings under component BMT-01 in Hoa Phu commune and 05 households whose residential land is acquired and have to arrange resettlement under component BMT-02 in Tan Lap ward). Accordingly, feedbacks from local people was recorded which showing level of satisfaction and their expectations. This method maximizes the information that the consultant cannot learn by quantitative method if monitoring on the same object. This information will supplement for the information obtained from the questionnaire-based survey and desk review methods. Focus group discussion: The independent monitoring consultant also carried out 6 focusgroup discussions, two of which were carried out with representatives of the CARB to understand advantages, disadvantages and solutions during the resettlement implementation course, understand information to re-assess the project framework and policy framework and four of which were carried out with representatives of the local authorities and affected households in 4 communes/wards (including severely affected households and vulnerable households) to collect opinions about relevant subjects such as community s participation, investment efficiency, compensation and site clearance at the locality. Total number of participants in the group discussions is 49 persons, including 33 males and 16 females. The list of participants in focused group discussion is attached to Annex 3. 12

14 2.4. Observation method: 18. Beside the information collection methods mentioned above, the site visits were carried out to project resettlement sites and project sites to check whether resettlement sites have been constructed with full infrastructures as requirements of urp and observe changes in livelihoods, living conditions and impacts of the site clearance on APs lives, etck 2.5. Source of information and data 19. The main sources of supplying information during the process of RP implementation monitoring include: Buon Ma Thuot city PMU Dak Lak Urban and Environmental Company Limited Buon Ma Thuot city LFDC People s Committees of the project communes/wards Affected households 20. In addition to the primary sources listed above, the Consultant also collected information from public meetings, meetings to discuss safeguard policies and livelihood restoration measures through surveys of affected households in the region Compositions of the Monitoring Team and Schedule Compositions of the Monitoring Team 21. The independent monitoring of RP implementation in Buon Ma Thuot city was conducted by the monitoring consultant team, including one Resettlement Specialist (Team Leader) and one Field Survey Consultant. 22. Positions and specific tasks of each member are shown in the table bellowed Table 2.1: Positions and specific tasks of each members of the monitoring team Personnel Team leader Nguyen Van Trung Assigned tasks Act as a team leader, taking responsibility before Project Director for Consulting Services; Review related documents of the project(including resettlement policy framework, final Draft of PPTA, RRP and other related documents), ADB s policy, laws and regulations of Government related to involuntary resettlement; Analyze DMS database provided by Buon Ma Thuot LFDC; Organize consultation with the stakeholders, including affected persons; Updated Resettlement Plan; Carry out periodic monitoring and final-term checking on resettlement plan implementation and report to City PMU and ADB; Assist Buon Ma Thuot PMU in resettlement implementation; Assist Buon Ma Thuot PMU in announcement of updated RP to all affected persons; 13

15 Personnel Support staff Tran Van Hao Assigned tasks Assist Team Leader in consultation with affected persons and other persons; Assist analysis of resettlement database for updating RP; Prepare logistics for the field survey; Assist Team Leader in preparing questionnaires, entering and analyzing database; Assist Team Leader in monitoring resettlement implementation and preparing reports; Other necessary works. Monitoring Schedule 23. The 1st periodic monitoring of the Secondary Cities Development Project Buon Ma Thuot city Subproject, the Consultant carried out RP implementation monitoring for 02 completed components for DMS and compensation payment for AHs, namely Component BMT-01: Environmental management- solid waste management and landfill site construction in Hoa Phu commune (Phase 1); Component BMT-02: Construction of strategic road - Tran Quy Cap road. 24. For Component BMT-03, due to change compared with initial design alternative; Buon Ma Thuot City LFDC is carrying out the re-inventory and re-measurement for affected land area for households. Thus, the Consultant will update RP for this component. The RP implementation monitoring for this component will be implemented in the 2 nd periodic monitoring mission. 25. The 1 st periodic monitoring of the Secondary Cities Development Project Buon Ma Thuot city Subproject was commenced from 04 October 2016 to 07 October 2016 in 3 project wards/communes of Tan Lap, Tu An and Hoa Phu commune in relation with land acquisition under Component BMT-01 and Component BMT-02. Specific activities of the monitoring mission include: - Work with the CARB to discuss the actual implementation of compensation and site clearance of the Subproject at the locality; - Survey at 3 project wards/communes with contents related to public consultation, information disclosure, detailed measurement survey, entitlements and compensation policies, relocation and livelihood restoration, specific policies for vulnerable groups, grievances and redress), particularly determine difficulties and propose corrective solutions (if any). III. MAGNITUDE OF SUBPROJECT S IMPACTS 26. According to urp approved for Components BMT 01 and BMT- 02 under the Secondary Cities Development Project Buon Ma Thuot City Subproject, these 2 components of the Subproject will be implemented in 04 communes/wards of Buon Ma Thuot city including: Tan Lap, Tu An and communes of Hoa Phu and Cu E Bur. However, only 03 communes/wards of Tan Lap, Tu An and Hoa Phu commune are affected due to land acquisition. Such 02 components will affect 415 households and 01 organization. Specific impact magnitude is as follow: 14

16 - Component BMT- 01 will impact on 495,827.4 m 2 of land owned by 70 households in Hoa Phu commune. Construction of landfill site will only impact on agricultural land. There is no land acquisition for garden, pond and public land. - Component BMT-02 will impact on 33,659.80m 2 of land owned by 345 households and 01 organization in 2 wards of Tan Lap and Tu An. Out of 33,659.80m 2 of affected land, m 2 is residential land; 33, m 2 is agricultural production land. 8 households in Tan Lap ward have totally affected houses and have to be relocated. 27. However, as of October 2016, based on data collected from the DMS results and the decisions on land acquisition, 02 components BMT-01 and BMT-02 of the Subproject affected 351 households and 02 organizations (Doan Ket Services And Trading Production Joint Stock Company and Kosier Agricultural Production Cooperatives) in 03 wards/communes of Tan Lap, Tu An and Hoa Phu. The restoration of free landfill site in Cu E Bru commune have no impact resulting from land acquisition. Of which: - 05 households are impacted with housing, structures and facilities and have to be relocated households are impacted with agricultural land (of which 233 households losing 10% or more of total existing landholding). Out of 346 households impacted with agricultural land, there are 02 households built their houses on agricultural land since before Currently, these two households have no other residence, therefore, they will be arranged resettlement land. 28. The reason for change in the number of affected households and extend of impact between the urp approved for the component BMT-01 and BMT-02 and data provided by the independent monitoring agency is that during the implementation of Subproject, the PMU adjusted the length of road and design alternative of Tran Quy Cap road. Respectively: - According to the urp approved for the Component BMT-02: Construction of strategic road Tran Quy Cap road: The existing Tran Quy Cap road with the width of 8m 10m will be expanded into the 24m wide road with total length of 4.224km, starting from Nguyen Van Cu (NH26) road and ended at Mai Thi Luu road at the regional hospital. The typical cross section of the road is 4x3.5m of lane and 2x5m of sidewalk. - The length and adjusted design alternative of the road: Total length of Tran Quy Cap road is 3.943km, starting from Nguyen Van Cu (NH26) road and ended at Mia Thi Luu road at the regional hospital. The typical cross section is 24m wide, including road bed of 7mx2 sides, median strip of 4m and 3mx2 sides of sidewalk. 29. Number of affected households and magnitude of impacts of the Subproject are shown in Tables 3.1 and 3.2 bellowed. 15

17 Table 3.1: Comparison between actual number of affected households and that in urps No Items Project location Total affected households/ organizations No of households affected on residential land No of households affected on housing and architectural structure No of displaced and resettled households No of households affected on agricultural land No of households losing over 10% of total agricultural land urp DMS urp DMS urp DMS urp DMS urp DMS urp DMS I Component BMT - 01: Environmental management Solid waste management and landfill site construction Construction of landfill site in Hoa Phu commune (Phase 1) Hoa commune Phu II Component BMT- 02: Construction of strategic road Tran Quy Cap road Tu An ward NA NA Tran Quy Cap road Tan Lap ward NA NA Total (Source: Summary of DMS data in the 1 st periodic monitoring in October/2016) 1 The DMS figure is higher than those of urp, because land owners sold or succeed their land, so by the time of DMS, one plot of land is claimed by more than one land user. 16

18 Table 3.2: Comparison of actual magnitude of land acquisition and that in urps) No. Items Project location Total affected households/ organizations Total affected area (m 2 ) urp DMS urp DMS Agricultural land area (m 2 ) Types of affected land Residential land area (m 2 ) Garden land area (adjacent) (m 2 ) Other types of land (m 2 ) urp DMS urp DMS urp DMS urp DMS I Component BMT - 01: Environmental management Solid waste management and construction of landfill site , , , , Construction of landfill site in Hoa Phu commune (Phase 1) Hoa Phu commune , , , , II Component BMT- 02: Construction of strategic road Tran Quy Cap road , , , , Tran Quy Cap road Tu An ward Tan Lap ward NA , , , , NA , ,466 22, , Total , , , , (Source: Summary of DMS data in the 1st periodic monitoring in October/2016) 17

19 30. Impacts of land acquisition: Based on data from the land acquisition decisions for each component of the Subproject, total 531,323.6 m 2 of land area is permanently acquired for implementing 02 components BMT-01 and BMT-02 (the acquired land area for implementing the Component BMT-01 is 495,827.4m2 and Component BMT-02 is 35,496.2 m2). Out of 531,323.6m 2 of acquired land, agricultural land is 530,327.4 m 2 (accounting for 99.8%), residential land is m 2 (equivalent to 0.2%). Among 530,327.4m 2 of acquired agricultural land, 1,052.4m 2 is annual crop land and 529,275 m 2 is perennial crop land. 31. Impacts on trees and crops: According to data from the decisions of land acquisition and Minutes of detailed measurement survey (DMS) for affected households in 02 components of BMT-01 and BMT-02 in 03 the project communes/ wards. Among 531,323.6m2 of acquired land, there are a number of crops and trees to be affected. In which, majority is industrial trees such as cashew (6,035 trees), pepper (3,402 trees), coffee (996 trees), 1,052 timber trees and 1,498 fruit trees (including banana, longan rambutan, durian, etck). Total 353 households whose trees, crops are affected, of which 233 severely affected households lose 10% or more of total existing farming landholdings. 32. Impacts on houses and structures: According to the approved RP, the implementation of Subproject has impacted on houses, structures of 8 households and steel fencing under management of Buon KoSier agricultural cooperatives. However, according to independent monitoring results and based on results of detailed measurement survey for affected households, Subproject has only impacted on houses, structure of 05 households who have to be relocated, mainly concentrated in the implementation area for Component BMT-02 in Tan Lap commune. All displaced households who selected Pam Lam Kosier resettlement site in Tan Lap ward. 33. Impacts on business activities: The implementation of two components BMT-01 and BMT-02 of the project will marginally affect trees and structures of Doan Ket Services and Trading Production Joint Stock Company and Kosier agricultural production cooperatives. The affected land area is managed by Buon Ma Thuot city People s Committee, therefore, none of organization is impacted with business activities by land acquisition, and it is indicated that there is no impacts on employees jobs. 34. Thus, it can be acknowledged that Dak Lak Urban and Environmental Limited Company and agencies in charge of compensation and site clearance in Buon Ma Thuot city took measures to adjust technical design in order to mitigate relocation and resettlement for affected households to mitigate, potential negative impacts during the project implementation (except for increased magnitude of agricultural land impact). IV. RESETTLEMENT PLAN IMPLEMENTATION OF THE SUBPROJECT 35. The Secondary Cities Development Project Buon Ma Thuot Subproject consists of 04 components, including BMT-01; BMT-02; BMT-03 and BMT-04. In which, 03 components involved in land acquisition and site clearance compensation, including: Component BMT- 01: Environmental management - Solid waste management and landfill site construction; Component BMT- 02: Construction of strategic road - Tran Quy Cap road and Component BMT-03: Construction of strategic road - Mai Thi Luu road. Components of the Subproject are implemented in 05 wards/communes of Buon Ma Thuot city, in which 4 wards/ communes including: Tan Lap, Tu An, Ea Tam and Hoa Phu commune are affected on land acquisition. Cu E Bur commune under Component BMT- 01 is not affected by land acquisition. 36. The compensation and assistance for households affected by the Secondary Cities Development Project Buon Ma Thuot city Subproject has been started in Quarter IV, 2014, after updated RPs for Components BMT-01 and BMT

20 37. For payment of compensation and assistance for AHs: - Component BMT - 01: Environmental management - Solid waste management and landfill site construction. Buon Ma Thuot CPC approved the compensation and assistance plan for AHs under this component according to Decision No. 2105/QD-UBND dated 16 April 2015 and Decision No.1185/QD-UBND dated 31 March 2016, with total amount of VND 63,274 billion. As of October 2016, Dak Lak Urban and Environmental Company Limited completed (100%) compensation and assistance for 70 affected households with total payment of VND billion. (Minutes of handing over site is attached in Annex 4) - Component BMT- 02: Construction of strategic road - Tran Quy Cap road: Buon Ma Thuot CPC approved the compensation and assistance plan for 02 affected organizations in Tan Lap ward and 144 affected households in Tu An ward (according to Decision No.3183/QD-UBND dated 12/6/2015 and Decision No.4865/QD-UBND dated 30th September 2015) with total account of VND 24,071 million. As of October/2016, Dak Lak Urban and Environmental Company Limited completed payment for 02 organizations (Doan Ket Services and Trading Production Joint Stock Company and Kosier agricultural production co-operative) in Tan Lap ward and 115/144 affected households in Tu An ward with total amount of VND billion. Dak Lak Urban and Environmental Company Limited received approximately 2.1 km/3.942 km of site from Buon Ma Thuot LDFC (Minutes of handing over site is attached in Annex 4). The remaining unpaid amount for AHs is VND billion (29 remaining AHs in Tu An ward since PPC has not allocated fund. It is estimated that Dak Lak Urban and Environmental Company Limited will make compensation payment for these remaining households in Quarter IV, For AHs in Tan Lap ward (137 households), Buon Ma Thuot CPC will approve the compensation plan for these households in Quarter IV, Component BMT-03: Construction of strategic road - Mai Thi Luu road: As of Mid- October, 2016, Buon Ma Thuot LFDC will complete DMS and submit to the compensation plan for AHs. It is estimated that payment of compensation and assistance will be completed in Quarter 2, No Table 4.1: Schedule of compensation, assistance under Package as of 05 October 2016 Items Project location Schedule of compensation and site clearance (1) (2) (3) (4) I II III Component BMT- 01: Environmental management - Solid waste management and landfill site construction Component BMT-02: Construction of strategic road Tran Quy Cap road Component BMT-03: Construction of strategic road - Mai Thi Luu road Hoa commune Phu Tu An, Tan Lap wards Tu An, Ea Tam wards Completed 100% Completed 50% (hand over 2.1 km/3,942km clean site for the Project) RP is being updated, compensation and assistance is unpaid. 38. Out of 3 Components: BMT- 01; BMT- 02; BMT- 03, only Component BMT- 01 completed 100% payment of compensation for AHs, however, Component BMT-01 has not selected construction contractor. On 07 October 2016, Dak Lak Urban and Environmental 19

21 Company Limited will organize construction bidding for this Component. After selection of construction contractor, PMU will hand over site for construction unit (November/2016). 39. For Component BMT- 02, compensation and assistance for AHs was completed only about 50%, however, in order to ensure the project implementation on schedule, Dak Lak Urban and Environmental Company Limited handed over site of 2.1 km (of which, the area on the left of road is 2.1 km, including 723.9m of land owned by organizations; 325.9m of public land; m of residential land and the area on the right of road is km including 331.4m of public land; m owned by organizations and 959.8m of residential land in Tan Lap ward) for construction units at locations where compensation payment for households and affected agencies have been completed. Locations where compensation, assistance and handing over site for construction units have been completed are presented in the following figure: Figure 1: Locations handed over site for construction unit under Component BMT 02 (Note: Locations handed over site for construction unit under Component BMT-02 are highlighted in yellow color) 40. It is expected that compensation and site clearance under Component BMT-02 of the Subproject will be completed in early Quarter, Dak Lak Urban and Environmental Company Limited will hand over the remaining locations for construction unit in early March V. RESULTS OF RESETTLEMENT PLAN IMPLEMENTATION MONITORING 5.1. Information disclosure and Public Consultation 41. Monitoring results showed that information disclosure and public consultation and local people s participation in the Secondary Cities Development Project Buon Ma Thuot city Subproject was implemented relatively fully. Information disclosure was started on 20 th October

22 42. Results of focus group discussion and in-depth interviews with representatives of compensation staff of the Dak Lak Urban and Environmental Limited Company and Buon Ma Thuot city Land Fund Development Centre, with local authorities and affected households showed that information about the Subproject, compensation, assistance policy and implementation plan of the Subproject were informed to the affected households. Information disclosure was implemented by the commune PCs and leaders of villages. The information related to the Subproject and compensation, assistance policies for affected households is also widely reported through the loudspeaker systems of communes and through the public consultation meetings held at the project communes/wards. 43. Survey results showed that in the process of preparation and updating of Resettlement Plan for Components BMT-01 and BMT-02 in 03 communes/wards affected by the Subproject, the Consultant coordinated with the local authorities to organize 06 public consultation meetings in 03 communes/wards. At each Subproject commune/ward, at least two consultation meetings were held. Contents of public consultation meetings consisted of issues, namely: information disclosure of Subproject; guidelines on implementation procedures for site clearance; disclosure of policy on site clearance compensation and so on. Participants of the public consultation meetings include representatives of the Central Region Urban Environmental Improvement Project Buon Ma Thuot city PMU, representatives of commune/ward PCs, villages and households affected by the Subproject. Each public consultation meeting has from 20 to 25 participants, in which, participation rate of women accounts for 47% of total participants in meetings. 44. Questionnaire-based survey results also showed that, out of total 75 households surveyed by questionnaires, more than 96.4% of households said that they were disclosed with information about the Subproject (compensation plan, compensation policy, implementation time, project scale, etc.). In which, 87.3% households were informed of information about the project through the meetings held in villages/hamlets, 68.7% households acknowledged information about the project through local authorities staff and 65.8% households acknowledged information about the project through the mass media Detailed Measurement Survey(DMS) 45. The approved Resettlement Plan regulates all affected land and non-land assets in the Subproject area should be implemented with detailed measurement survey. The process of DMS includes both acquired land area for building infrastructure and affected area for building banisters and sidewalks. 46. For Component BMT-01: The DMS process for affected households under Component- 01 was completed at the end of October, 2014, Buon Ma Thuot city People's Committee approved the compensation plan for affected households under Component BMT For Component BMT-02: The DMS process for affected households was completed in Quarter II, From 06-09/2015, Buon Ma Thuot city People's Committee approved the compensation plan for 144 affected households in Tu An ward and 02 organizations in Tân Lập ward. It is expected that Buon Ma Thuot city People's Committee will approve the compensation plan for 137 remaining affected households of Tan Lap ward in December, During the approval process of compensation plan for affected households, Buon Ma Thuot city's has not arranged budget for payment, leading the late payment. 48. For Component BMT- 03, due to change of initial design alternative, Buon Ma Thuot city LFDC is carrying out re-measurement of affected land area for households. As of Mid- October 2016, Buon Ma Thuot city LFDC completed DMS and submitted the City People s Committee for approving the compensation and assistance plan for affected households. Because of delay in recruitment of PIC consultants, so the project consultants has not carried out timely and adequately. It is agreed that the PIC who was on board in Oct 2016 will take 21

23 responsibility to implement consultations on the project land acquisition and compensation by Q2/ DMS was carried out relatively conveniently due to the consensus of majority of households for the Subproject implementation. At each affected commune, CPC organized 01 meeting to inform the land acquisition policy for implementing the Subproject, implementation time of DMS with participation of the representatives of the CPC s leaders, agencies, villages leaders in the Subproject area and representatives of households. Key information discussed and disclosed in the meetings were summarized and informed to the affected community in general and affected households in particular through the local loudspeaker system. 50. Buon Ma Thuot City People s Committee assigned Buon Ma Thuot city LFDC to implement the DMS and prepare land acquisition documents, site clearance compensation plan of items under the Secondary Cities Development Project Buon Ma Thuot city Subproject. Representatives of compensation staff carried out the DMS and identified land area and number of assets to be affected by the Subproject based on the declaration by households. Participants of the DMS include staff from Buon Ma Thuot city LFDC, cadastral staff of communes/wards, village s leaders and representatives of affected households. Minutes of DMS showed clearly category of land, land location and category of assets and affected area/ number of households. These minutes was agreed and signed by the participants and served as basis for application of compensation rate application and payment for AHs. 51. Through results of questionnaire survey for affected households, majority of affected households are satisfied with results of DMS. Out of a total of 75 households surveyed by questionnaires, 72 households said that the DMS took place publicly and transparently, 71 households said that results of DMS were exact and adequate. The minutes of DMS was filled fully and in detailed actual impacts of households. Results of questionnaire survey and in-depth interviews with affected households in Tan Lap ward showed that all affected households were satisfied with results of DMS by Buon Ma Thuot city LFDC for their affected assets. However, detailed measurement survey was carried out from Quarter II, 2015, thus, during the process of appraisal and approval on compensation plan for 137 affected households in Tan Lap ward under Component BMT- 02. It is agreed that Buon Ma Thuot city LDFC will review DMS and re-update compensation and assistance (if there is any change compared with 2015) for affected households at the time of approval on compensation and assistance plan. 52. Detailed measurement survey under Components BMT 01 and BMT 02 of the Subproject was implemented completely for all affected households. In the process of detailed measurement survey, the participation rate of women accounts for 36% of total participants, including household-headed women and representatives of organizations, etc.) Compensation Rate and allowances 53. Compensation rate for land for households affected by the Secondary Cities Development Project Buon Ma Thuot Subproject was applied according to Decision No. 39/2014/QD-UBND dated 10 November 2014 by Dak Lak PPC on regulations of compensation, resettlement assistance when the State implements land acquisition in Dak Lak province, applied for the project after conducting price surveys in the city. Accordingly, Buon Ma Thuot CPC approved the compensation plan for AHs under Component BMT 01 according to Decision No. 2105/QD-UBND dated 16 April 2015 and Decision No.1185/QD-UBND dated 31 March 2016 and for 144 households and 02 agencies under Component BMT 02 according to Decision No. 3183/QD-UBND dated 12 June 2015 and Decision No 4865/QD-UBND dated 30 September

24 54. According to results of independent monitoring and the compensation plan approved for affected households, in addition to the compensation payments for land, crops, AHs also received other allowances, including: (i) Subsistance allowance with assistance level of 2,000,000 dong/hh for households due to losing agricultural land. (ii) Subsistance allowance: - Allowance in cash, equivalent to 30kg of rice/month/person within 3 months for households with land acquistion from 10%-30%. - Allowance in cash, equivalent to 30kg of rice/month/person within 6 months without relocation; within 12 months for households losing from 30%-70% of agricultural land area in use. - Allowance in cash, equivalent to 30kg of rice/month/person within 12 months for households with production land area acquisition from 70% to 100%. (iii) Allowance for training, job change and job finding( allowance level is 02 times as agricultural land cost with the same type) (iv) In addition, households falling into vulnerable group are assisted more 2,000,000 dong/household. 55. The compensation plans were posted publicly in the People s Committee of communes and community houses of villages/hamlets within days. Out of 75 surveyed households, 71 households acknowledged the posted documents, 4 households have paid no attention to this post because the magnitude of Subproject impacts on their land is minor. 56. Results of the focus group discussion and in-depth interviews with affected households showed that all affected households were satisfied with the compensation rate application by Buon Ma Thuot city LFDC for their affected assets Compensation payment and assistance 57. Payment of compensation and assistance for AHs under Component BMT 01 and BMT -02 of the Secondary Cities Development Project Buon Ma Thuot Subproject is directly implemented by staff of Buon Ma Thuot LFDC. As of October, 2016, compensation payment for AHs under Component BMT 01 was completed 100%, all AHs (70 households) under Component BMT- 01 received compensation and assistance payment with total amount of VND billion. 58. For Component BMT-02, Dak Lak Urban and Environmental Company Limited completed compensation payment for 02 agencies and 115/144 AHs in Tu An ward with total amount of VND billion. For the remaining Ahs (29 households) in Tu An ward and 137 AHs in Tan Lap ward, it is expected that at the end of Quarter IV, 2016, Dak Lak Urban and Environmental Company Limited will transfer money for Buon Ma Thuot city LFDC to make compensation payment and assistance for these households. 59. Compensation and assistance is paid one time before construction of the work items under the project. On the payment date, households received fully compensation amounts on land, structures, trees, crops and others allowances such as: subsistence, production stabilization, job change and job finding and so on. Amounts of compensation and assistance are equivalent to those stated in the approved compensation plan. Payment of compensation, assistance was implemented in office of the People s Committees of communes/wards. When receiving compensation and assistance amounts, households signed into the list of paid households. This list showed clearly each cost item of compensation for land, trees, crops and allowances paid to households and households are given copy of this receipt. 23

25 5.5. Resettlement and Site clearance 60. Out of 351 Ahs under Component BMT -01 and BMT- 02, only 7 households in Tan Lap ward have to arrange resettlement (in which, 05 households have residential land acquired and 02 households built their houses on agricultural land since before Currently, these two households have no other residence, therefore, the PMU will arrange resettlement land for them, Buon Ma Thuot city LDFC invited households to select resettlement locations, as a result, 07 households agreed to select Pam Lam Kosier resettlement site, Tan Lap ward. Pam Lam Kosier resettlement site has area of 5 hectares which was built in Quarter 3, 2015 with 150 lots (each lot has area of 100m 2 ) developed with full infrastructure. The resettlement site is used to arrange relocation for the projects in Buon Ma Thuot city. It is expected that in Quarter I, 2017, these households (7 households) will move to Pam Lam Kosier resettlement site Status of Grievance redress 61. Results of consultations with Dak Lak Urban and Environmental Company Limited and stakeholders as well as households survey results showed that benefits of the Subproject for community are significant, thus, most of affected households basically satisfied with compensation rate on land and non-land assets. However, in the project area, 52 affected households in Tu An ward under Component BMT-02: Construction of strategic road Tran Quy Cap road complained with Buon Ma Thuot LFDC about inaccuracy in measurement of the affected land area. Currently, Buon Ma Thuot city LFDC verified and conducted additional measurement of insufficient land area for these households and has been submitting to Buon Ma Thuot PPC the additional compensation plan for these households. It is expected that at the end of Quarter IV, 2016, remaining payment will be implemented for these households. 62. Results of interview with households showed that in the process of information disclosure of the Subproject, local people were disclosed with grievance redress mechanism. Out of a total 75 participants in interview, 66 households understood mechanism and procedures for grievance redress of the project Livelihood and Income Restoration Program 63. Land acquisition of 02 Components of BMT - 01 and BMT - 02 under the Secondary Cities Development Project affected 351 households and 02 agencies in 3 communes/wards. Out of 351 AHs, 7 households in Tan Lap ward have to be relocated (in which 05 households have residential land acquired and 02 households built their houses on agricultural land since before Currently, these two households have no other residence, therefore, the PMU will arrange resettlement land for them and 233 households lost 10% or more of total existing farming landholdings. Thus, these households are impacted on their living standards, jobs, and income. 64. In order to mitigate negative impacts of the project on affected households at minimum level, the project implementation agency selected the shortest alignment and avoided sensitive areas and informed early for local people prior to land acquisition, thereby, households have enough time to harvest trees and crops or stop planting on the affected land. In addition, severely affected households received other allowances for stabilizing life and production. 65. An Income Restoration Program was also prepared according to the updated Resettlement Action Plan (urp-2015) for severely affected households and vulnerable households in order to create opportunities for income improvement through training programs. Agricultural Extension Centre of Buon Ma Thuot city will implement the IRPs related to agricultural activities including: raising cows, frogs, growing mushrooms, Japanese eggplant, etc. In addition, the Centre will carry out programs of training, technical 24

26 assistance and providing crops services for local farmers. The city also establishes a seperate human resource centre for vocational training. Vocational training Centre of Buon Ma Thuot city is responsible for implementing training courses based on households' participation demand. 66. However, the result of field survey showed that the Income Restoration Program was not implemented due to Buon Ma Thuot city LFDC s lack of budget for IRP implementation. Severely households only received allowance in cash: (i) Subsistance allowance with allowance level of 2,000,000 dong/hh for households due to losing agricultural land, (ii) Subsistence allowance: Allowance in cash, equivalent to 30kg/rice/month/person within 3 months for households losing from 10%-30% of agricultural land in use; Allowance in cash, quivalent to 30kg rice/month/person withtin 6 months for households losing from 30% - 70% of agricultural land in use; allowance in cash equivalent to 30kg rice/month/person within 12 months for households losing from 70% or more of agricultural land; (iii) Allowance for training, job change and employment finding (allowance level is 2 times as much as price of agricultural land of same category), (iv) Allowance for households falling into vulnerable groups with allowance level of 2,000,000 dong/household. Total number of households received allowance on subsistence, and training, job change and job finding was 233 households. Particularly, for 5 households who are impacted with residential land have to relocate, these households received other allowances such as moving allowance of 6,000,000 dong/household, allowance for renting house with amount of 3,000,000 dong/household/month within 6 months. So far, affected households received compensation and assistance payment in cash, the income restoration program, including training courses will be developed by PISC consultants and to be implemented soon Issues on Gender 67. The implementation process of compensation and assistance of the Secondary Cities Development Project Buon Ma Thuot city Subproject as well as in the approved RP applied assistance policies for vulnerable households, including female-headed households with dependents and disabled-headed households. 68. In fact, at locality, women participated in phases of compensation, assistance and resettlement. Namely, 47% of women participated in public consultation meetings; 36% involved in DMS, 35% received compensation, assistance payment, 5.9. Compliance level when implementing Resettlement Plan 25

27 Table 5.1: Summary of compliance level in updated RP implementation Content Regulations in RP Actual implementation Compliance level Solutions Information disclosure, public consultation, participation of local people Detailed measurement survey Compensation Prices Payment of compensation, assistance Ensure affected persons to be fully disclosed with information, compensation and assistance policy of the Subproject All affected land and assets attached to land in the Subproject area should be adequately and exactly counted by conducting DMS with participation of representatives of Ahs Compensation for land and assets attached to land at replacement cost (calculating by market price and administrative cost arising and others costs) Compensation payment for affected land and assets attached to land was implemented fully. Payment of compensation, assistance is implemented Information about the Subproject, implementation plan, and compensation and assistance policy, grievance redress mechanism was disclosed and informed to affected community and households. DMS results and compensation plans were posted publicly for households to check and give comments. No complaints from households related to public consultation and information disclosure. DMS was conducted with participation of household s heads and results of the DMS were posted publicly. Households were informed on affected assets. All assets affected by Subproject were counted. Minutes of loss inventory showed clearly types of land, land area, kinds and amount of affected assets. Compensation for land affected by Subproject is calculated according to compensation price for each type of land issued by Dak Lak PPC every year. This price is lower than that market price, However assistances (Subsistence, job training/creation...) were provided to make compensation amount equivalent to that made by market price. All affected assets included in compensation plan and posted publicly at public places. Households received full compensation payment for affected land and assets attached to land. Compensation and assistance was paid one time. Complied Complied Complied Complied 26

28 Content Regulations in RP Actual implementation Compliance level Solutions once Resettlement a) Displacement allowance (Article 20, Decision No.39/2014 of Dak Lak PPC): Households, individuals who are renting houses not owned by State have to be relocated, they will provided with allowance for moving assets. All displaced households selected resettlement in Buon Ma Thuot city and will receive displacement allowance amount of 6,000,000 dong/household. b) House renting allowance during time of waiting for building new accommodation (Article 16, Decision No. 39/2014 of Dak Lak PPC): For persons who have residential land acquired and are allocated with resettlement land, in case these households have no any accommodation, they will be arranged in temporary residence or assisted rental in the pending time of building new resettlement Displacement allowance: All displaced households who selected Pam Lam Kosier resettlement site in Buon Ma Thuot city are assisted displacement allowance with amount of 6,000,000/1 household. Accommodation allowance: Displaced households are assisted rental of houses allowance in the time of waiting for building new accommodation in resettlement site, with allowance level of 3,000,000 dong/household/month in maximum time of 6 months; Complied 27

29 Content Regulations in RP Actual implementation Compliance level Solutions site with allowance level of 3,000,000 dong/ household/month within maximum time of 6 months; Impact on income/ livelihood due to losing agricultural land a) Subsistence allowance - Lose from 10 to below 30% production land area: Cash allowance with 360,000 dong (equivalent to 30 kg rice/household member for all persons within 3 months without resettlement and 24 months with resettlement. - Lose from 30% to 70% production land area: Cash allowance with 360,000(equivalent to 30kg rice/household member for all persons within 6 months without resettlement and 12 months with resettlement. - Lose from 70% to 100% production land area: Cash allowance with 360,000 dong (equivalent to 30 kg rice/household member for all persons within 12 months without resettlement and 24 months with resettlement. b) Participated in Income Restoration Program. In addition to receive allowance on agricultural land and assets on land, AHs will receive allowance as follow: (i) Subsistance allowance with assistance level of 2,000,000 dong/hh for households due to losing agricultural land. (ii) Subsistance allowance: - Allowance in cash, equivalent to 30kg of rice/month/person within 3 months for households with land acquistion from 10%-30%. - Allowance in cash, equivalent to 30kg of rice/month/person within 6 months without relocation; within 12 months for households losing from 30%-70% of agricultural land in use. - Allowance in cash, equivalent to 30kg of rice/month/person within 12 months for households with production land area acquisition from 70% to 100%. (iii) Allowance for training, job change and job finding( allowance level is 02 times as agricultural land cost with the same type) However, severely affected households (lose from 10% total existing farming land area of households) and vulnerable households group (poor households, female-headed households with independents, the elderly households, households with the disabled, etc. have not participated in income restoration program (IRP) due to insufficient budget to implement IRP. Incompletely complied It is requested that the PMU works with Dak Lak PPC and relevant agencies to carry out the Income Restoration Program for AHs as proposed in the urp. 28

30 Content Regulations in RP Actual implementation Compliance level Solutions Allowance for vulnerable households Grievance redress Special assistance for vulnerable households Vulnerable households include: (i) Female-headed households with independents, (ii) the disabled-headed households with children, (iii) households without land and other livelihood, and (iv) Poor households are assisted in cash with minimum level of 2 million dong/ household. - Participated in income restoration program Grievance redress mechanism should be disclosed transparently and publicly. - For female household heads with dependents or disabled household heads who have to displace or lose over 10% agricultural land area, in addition to allowances as prescribed, each household will be assisted with amount of 2,000,000 dong/ household. - Each poor household with the certification by local authorities will receive an amount of 2,000,000 dong/ household by local authorities. - Vulnerable households (poor households, Femaleheaded households with independents, households with the elderly, households with the disabled, etc. have not participated in income restoration program (IRP) due to insufficient budget to implement IRP. Grievance redress mechanism was informed to affected persons in public consultation and information disclosure meetings. Incompletely complied Complied It is requested that the PMU works with Dak Lak PPC and relevant agencies to carry out the Income Restoration Program for AHs as proposed in the urp. 29

31 VI. CONCLUSION AND RECOMMENDATIONS 6.1. Conclusion 69. Total counterpart fund for site clearance of the Secondary Cities Development Project Buon Ma Thuot city Sub-project paid for AHs was VND 83,642 billion (in which billion dong paid for AHs under Component BMT 01 and 20,432 billion dong paid for AHs under Component BMT 02). Out of 3 Component: BMT- 01; BMT- 02; BMT-03, only Component BMT 01 completed 100% compensation payment for Ahs. For the remaining AHs (29 households) in Tu An ward and 137 AHs in Tan Lap ward under Component BMT - 02, it is expected that Dak Lak Urban and Environmental Company Limited will transfer money for Buon Ma Thuot city LFDC to make compensation payment and assistance for these households at the end of Quarter IV For Component BMT- 03, due to change of initial design alternative, Buon Ma Thuot city LFDC is carrying out re-measurement of affected land area for households. Thus, Consultant will re-update Resettlement Plan for this Component. The RP implementation monitoring for this component will be implemented in the 2 nd periodic monitoring mission. 70. Through consultation with stakeholders, field survey and interview with affected persons, the Consultant evaluated that the compensation and assistance of the Subproject complied with the approved RP. The compensation, assistance policies of the Subproject were disclosed in the public consultation meetings and through local radio system. 71. However, in the process of implementing the 1 st periodic monitoring, the consultant realized that the project implementation unit has not implemented income restoration program for income-affected households due to loss of agricultural land and households falling into vulnerable group. 72. DMS results are relatively exact; the compensation rate is calculated according to land price framework as prescribed by Buon Ma Thuot PPC every year. In addition, Ahs also received other allowances. During the implementation process of compensation, assistance for AHs, 52 households in Tu An ward under Component BMT- 02: Construction of strategic road - Tran Quy Cap road said that the results of DMS are incorrect, however, after receiving complaint from households, staff of Buon Ma Thuot city LFDC verified and conducted additional inventory of the lacking land area for these households. DMS for affected households under Component BMT 02 was implemented from Quater II, 2015, thus, during the process of appraisal and approval on compensation plan for 137 affected households in Tan Lap ward, Buon Ma Thuot city LDFC should review DMS and re-update compensation and assistance cost unit( if there is any change with 2015) for affected households at the time of approval on compensation and assistance plan. 73. From the detailed design phase of the Subproject, in order to mitigate negative impacts of the Subproject, the following activities were implemented. Calculation and selection of road alignment in order to recover negative environmental impacts of the Subproject; adequate compensation payment and assistance for affected households to mitigate impacts of land acquisition; consultation with stakeholders and affected persons to achieve general consensus before and during the implementation process of the Subproject Recommendations 74. In the next period, Dak Lak Urban and Environmental Company Limited and Buon Ma Thuot city PMU should accelerate the compensation payment for affected households who have not received compensation payment and assistance from the project, early hand over land for construction unit in order to implement the project on the planned schedule. 75. It is also recommended that: 30

32 (i) the PMU works with Dak Lak PPC and relevant agencies to carry out the Income Restoration Program for AHs as proposed in the urp, applicable to severely affected households and households falling into vulnerable group: plant breeding and livestock in communes/ wards should be implemented. These programs can be combined with/integrated into the on-going programs at locality. (ii) Buon Ma Thuot city LDFC should review DMS and re-update compensation and assistance (if there is any change compared with 2015) for affected households at the time of approval on compensation and assistance plan (iii) The PISC consultant who was on board in Oct 2016 should take responsibility to implement broad and meaningful consultations on the project land acquisition and compensation by Q2/2017. VII. WORKPLAN FOR THE NEXT MONITORING ASSIGNMENT 76. Independent monitoring activities for RP implementation of the Secondary Cities Development Project Buon Ma Thuot city subproject, the external monitoring consultancy unit will implement 3 monitoring times the 1 st periodic monitoring and the 2 nd periodic monitoring and the final evaluation. Each monitoring time will be carried out every 6 months. 77. According to monitoring plan outlined in TOR, independent monitoring activities of RP implementation of the Secondary Cities Development Project Buon Ma Thuot city subproject will be implemented from December 2014 to December However, payment of compensation, assistance for households affected by the project is slower than expected schedule; thus, independent monitoring activities of RP implementation of the project are also slower than the plan outlined in TOR. Table 7.1 Independent monitoring activities on RP implementation of the Project Monitoring activities Time of monitoring Location of survey The 1 st periodic monitoring October/2016 The whole project area The 2 nd periodic June/2017 The whole project area monitoring The final evaluation December/2017 The whole project area 78. In the 2 nd periodic monitoring (expected in June/2017) and the final evaluation (estimated to be carried out in December/2017). Independent Monitoring Consultancy Unit will continue to discuss with staff of Dak Lak Urban and Environmental Company Limited Buon Ma Thuot city PMU. At communal level, independent monitoring activities of RP implementation will be carried out in all project wards/communes to consider improvement/ compliance level of resettlement plan implementation of communes/wards. 79. After finishing the periodic independent monitoring mission and post-resettlement evaluation, the Consultant will coordinate with Dak Lak Urban and Environmental Company Limited and Buon Ma Thuot city PMU to organize consultation meetings with relevant agencies in the process of resettlement implementation to collect comments for finalizing the final report. The specific works include: - Summarize and analyze monitoring and evaluation results from the previous missions; - Prepare the draft final report; - Design consultation programs; - Organize consultation to collect comments. 31

33 ANNEXES Annex 1: Survey questionnaire for affected households 32

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37 Annex 2: Minutes of meeting with project communes/wards 36

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43 Annex 3: Minutes of handing over site under Component BMT 01 42

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52 Annex 4: Minutes of handing over site for section crossing Buon Ko Sier Agricultural Production Cooperative 51

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60 Annex 5: Some pictures of field survey Hoa Phu landfill site Tran Quy Cap road 59