Social Monitoring Report: External Monitoring Report On RP Implementation Phu Tho Province

Social Monitoring Report
Semi-Annual Report
June 2014
VIE: Yen Vien-Lao Cai Railway Upgrading Project

External Monitoring Report on RP Implementation
Phu Tho Province
Prepared by Railway Projects Management Unit of Viet Nam Railway for the Asian
Development Bank.
NOTE
In this report, "$" refers to US dollars.
This social monitoring report is a document of the borrower. The views expressed herein do not
necessarily represent those of ADB's Board of Directors, Management, or staff, and may be
preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any
designation of or reference to a particular territory or geographic area in this document, the
Asian Development Bank does not intend to make any judgments as to the legal or other status
of any territory or area.
VIETNAM RAILWAYS PROJECTS MANAGEMENT UNIT
EXTERNAL MONITORING REPORT ON RP IMPLEMENTATION – LAO CAI
PROVINCE
__________________________________________________________________________________________________
MONITORING REPOT ON
RESETTLEMENT PLAN
EXTERNAL MONITORING CONSULTANCY SERVICES (CS5)
YEN VIEN – LAO CAI RAILWAY UPGRADING PROJECT, PHU
THO PROVINCE
ADB LOAN 2302-VIE

AFD CVN 6006 01
SUBMITTED BY EMA JUNE 2014
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TABLE OF CONTENTS
ABBREVIATIONS ..................................................................................................................................... 4
I. SUMMARY.............................................................................................................................................. 5
II. INTRODUCTION ................................................................................................................................. 6
III. OBJECTIVES OF THE RESETTLEMENT PLAN ......................................................................... 8
IV. OBLIGATIONS AND MEASURES OF THE EXTERNAL MONITORING ............................. 10
1. Obligations of the external monitoring agency ....................................................................................... 10
2. Monitoring measures .............................................................................................................................. 11
V. AFFECTED HOUSEHOLDS AND SCOPE OF LAND ACQUISITION ..................................... 11
VI. LEGAL FRAMEWORK AND POLICIES ...................................................................................... 12
VII. RESULTS OF MONITORING OF THE UPDATED RP IMPLEMENTATION ...................... 14
1. Information dissemination ...................................................................................................................... 14
2. Community participation and consultation ............................................................................................. 15
3. Land acquisition and compensation payment ......................................................................................... 15
4. Income and livelihood restoration plan................................................................................................... 18
5. Complaint settlement mechanism ........................................................................................................... 19
6. Issues concerning gender and ethnic minorities...................................................................................... 20
7. Institutional arrangements and cooperation among relevant parties ....................................................... 21
8. Issues and difficulties in implementation of site clearance and resettlement ......................................... 23
XIII. RESETTLEMENT IMPLEMENTATION ................................................................................... 23
IX. SUMMARY OF SITE CLEARANCE, RESETTLEMENT AND UPDATED RP
COMPLIANCE ISSUES .......................................................................................................................... 24
X. CONCLUSION AND RECOMMENDATION ................................................................................. 25
1. Conclusion .............................................................................................................................................. 25
2. Recommendation .................................................................................................................................... 26
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ABBREVIATIONS
DTTS Ethnic Minority

GPMB Land Acquisition
ADB Asian Development Bank
EMA External Monitoring Agency
HH Household
PAPs Project-affected people
PAHs Project-affected households
PRA Participatory Rural Appraisal
TOR Terms of Reference
WB World Bank
MPI Ministry of Planning and Investment
NGO Non – government Organization
NPV Net present value
PIB Project information book
PSA Provincial Social Assessment
RP Resettlement Plan
RPMU Railway Projects Management Unit
CPMU Construction Projects Management Unit
PC People‟s Committee
SAP Severely affected people
SES Socio – economic survey
DMS Detailed Measurement Survey
IOL Impact on Land
VNR Vietnam Railways
USD US Dollar
(D)CARB (District) Compensation, Assistance and Resettlement Board
LURC Land use right certificate
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I. SUMMARY
1. The report is prepared to present the results gained from the second monitoring of the
implementation of compensation and site clearance under CP1 package in Viet Tri city and Ha
Hoa district, Phu Tho province.
2. The second monitoring aims at reviewing the land acquisition and resettlement
activities for affected households. The remaining issues in the first monitoring have been
resolved.
3. The second monitoring is to review the compensation policy and entitlements of the
households having assets affected by the project and to compare with entitlement matrix
mentioned in the approved RP as well as policy framework of ADB. The monitoring is also to
give recommendations on differences between the entitlements of the affected households and
the project‟s policy framework.
Refer to the updated RP, basically CARBs in Phu Tho province in has complied with the
site clearance plan. However, there are some changes of number of households and work volume
but it is not significantly different in comparison with the updated RP. In addition, there are some
remaining issues in site clearance and resettlement as follows:
a. The project component implemented in Phu Tho province is not big. As a result, the
number of AHs is small. Most of AHs have small residential areas, trees, crops and structures
affected by the project. There is no severely affected HHs (loss of more than 10% of agricultural land
area), only 1 HH have their house affected and have to relocate in Ben Got ward, Viet Tri city.
b. The land acquisition and resettlement have been being conducted quite conveniently and
80% of work volume has been basically completed. However, there are some issues being
reviewed and solved.
d. Information dissemination and community consultation have been adequately

conducted by the CARBs of Viet Tri city and Ha Hoa district. Most of AHs know well about the
project information and their entitlements. However, it is necessary to continue information
dissemination during project implementation.
c. By the second monitoring mission in June, 2014, some AHs have received
compensation and had no complaints.
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d. Currently, all affected households have received compensation and they all satisfy as
well as support the project. In Viet Tri city, three out of four times of compensation payment
have been conducted for the affected households (accounting for 90% of compensation payment
progress). Currently, the fourth compensation payment has been not approved. It is expected to
be conducted at the end of June 2014.
e. The compensation payment has been carried out in Viet Tri Town (three times with 31
households and one organization) in accordance with price unit of Phu Tho Provincial People‟s
Committee. In Ha Hoa district, compensation payment for 10 AHs who temporarily lost
agricultural land has been carried out all of them have received compensation without any
complaint.
f. There is only one HH affected by upgrading of Viet Tri railway station and has to
relocate. It is planned that this AH will be resettled in an existing residential area. Currently,
compensation payment and resettlement for the household has been made (under the third
compensation payment).
II. INTRODUCTION
The sub – component of Yen Vien – Lao Cai railway upgrading project will upgrade the
railway of 285 km long in the north – west direction from Yen Vien railway station, Ha Noi to
Lao Cai railway station in the border with China. This railway goes through 4 provinces
including Lao Cai, Yen Bai, Phu Tho and Vinh Phuc and Ha Noi City. The upgrading of the
railway is basically composed of:
(i) Selected upgrading in the horizontal and vertical direction of the railway and rail
putting;
(ii) Slope and embankment stabilization;
(iii) Rail upgrading, including bypass;
(iv) Bridges upgrading;
(v) Enhancing the safety at selected level crossings;
(vi) Upgrading of railway stations and bypass for trains whose loading capacity is up
to 1,200 tons and length is of more than 400m;
(vii) Modernization of auxiliary equipment and provision of maintenance equipment
and facilities as well as engines and coaches.
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The project will bring great socio – economic benefits. However, the implementation of
the project will need the compulsory acquisition of land and resettlement of some households in
the locality. Without adequate and suitable measures to minimize and mitigate impacts, negative
social impacts may make project affected households (PAHs) be in a difficult and poor
condition, particularly, poor households and vulnerable people.
In compliance with social safeguards policies by ADB and Vietnamese Government

legislation. The RP has been drafted and being updated (dated November 2011). The RP of
project is established to integrate the differences between social safeguard policy of ADB and
policies of Viet Nam in order to ensure that PAHs at least can recover their living standards
before the implementation of the project. The specific scope and level of impacts in the territory
of Phu Tho and Vinh Phuc (in the line of updated RP) are as follows:
The CP1 package of the Project traverses Phu Tho and Vinh Phuc Provinces as well as
Hanoi City. This package consists of upgrading railway lines of 2 railway stations and
one bridge. No land will be acquired nor people displaced in Hanoi City as all civil works are
located in the areas currently occupied by the existing railway facilities.
The RP for CP1 package was prepared and approved in November 2013. A total of
4,665.9 m2 of land will be acquired for the Lot 1 section of the Project traversing Phu Tho
province. Out of this area, 2,238.7m2 will be permanently acquired for upgrading Viet Tri
Railway Station and 2,427.2m2 will be acquired temporarily for construction of the Vinh
Chan Bridge located in the Area No.10, Vinh Chan commune, Ha Hoa District. A summary of
the Project‟s land acquisition requirements for civil works is set out in the table below:
Table 1: Summary of Project Components and Land acquisition (according to RP) in Phu
Tho province
Unit: m2
Item Residential Garden Agricultural Pond, Other Total
land land land lake land
Viet Tri Railway 230 235 - 140 1,633.7 2,238.7
station
Vinh Chan Bridge - - 2,427.2 - - 2,427.2
Total 230 235 2,427.2 140 1,633.7 4,665.9
Source: RP CP1 in Phu Tho province
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Agricultural land and other land account for a majority of the total affected land area. In
addition, a small garden and residential area in Ben Got ward, Viet Tri city is affected by
upgrading Viet Tri railway station.
According to the approved RP, a total of 29 households with 89 people, including 19 HHs
in Viet Tri railway station in Ben Got ward and 10 HHs in Vinh Chan commune, Ha Hoa district,
will be affected by the loss of various types of land. In Ha Hoa district: agricultural land of 10
households and 111m2 of agricultural land managed by Vinh Chan CPC will be acquired
temporarily and these land areas will be returned to these households after completion of
construction. The table below presents the distribution of impacts on affected households.
Table 2: Summary of HHs affected by the project (according to the RP)
Province City/district Project component Affected Affected Note

Households Persons
Phu Tho Viet Tri Viet Tri Railway station 19 60
Ha Hoa Vinh Chan Bridge 10 29
Total 29 89
Source: RP CP1 in Phu Tho province
III. OBJECTIVES OF THE RESETTLEMENT PLAN
The overall objective of the policy on compensation and benefits of the project is to ensure
that all people affected by the project have ability or at least recover their living conditions as
before the project; simultaneously, poor and vulnerable households will be provided with
additional assistance to improve their living standards and increase their income as before the
project through policies on compensation and transition assistance. Principles of compensation
are to be based on the replacement cost or compensation in kind with the same conditions in
combination with assistance in cash or in kind, depending on the level of impact. Income
recovery measures and income restoration programs reserved for severely affected households
and vulnerable households have been designed and are to be implemented with the consultation
and participation of affected people and relevant parties in Phu Tho province, during the
preparation of the resettlement plan since 2006 and during the updating of the resettlement plan
in 2010 to 2013.
The policies of ADB regulate the assistance for the living recovery for all seriously
affected households due to the loss of production materials, income, jobs and occupations.
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Therefore, in order to have sufficient data to provide project managers at all levels and the local
authorities where the resettlement policy is implemented as well as to recover the lives of project
affected people (PAPs), objectives of the External Monitoring Agency (EMA) must be specially
identified as follows:
i. To provide project management units with accurate data used as a tool to evaluate the
efficiency of the implementation of land acquisition and resettlement plans in different periods;
ii. To identify strengths and weaknesses in the current plans on land acquisition and
resettlement;
iii. To identify existing problems and to immediately propose suitable measures to solve the
problems to ensure the efficient implementation of policies;
iv. To provide data essential for the additional development and implementation of land
acquisition and resettlement plans in the time to come;
v. To evaluate the efficiency of “income restoration” plan and other recovery plans applied
for affected households and communities;
vi. To ensure the effective implementation of Ethnics Development plans in the Project
area.
The major objective of the external monitoring on land acquisition and resettlement is to
prevent socio – cultural impacts as well as to ensure the socio – economic effects of the project.
The special emphasis is put on some issues as follows:
 The achievement of resettlement related objectives;

 Changes in the living standards and livelihoods;
 The recovery of socio – economic facilities of affected people;
 The efficiency, impacts and stableness in terms of rights.
 Additional needs for impact reduction measures (if required);
 Strategic lessons learnt to support the policy planning and making implementation plans.
Another important objective of the project is to conduct community consultation in all
stages with people and local leaders directly affected by the project to ensure their satisfaction
about the selection, design, location and construction of basic routes and encourage the
community to jointly take part in the maintenance of those assets.
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IV. OBLIGATIONS AND MEASURES OF THE EXTERNAL MONITORING
1. Obligations of the external monitoring agency
The major objectives of the EMA include:

(i) To monitor the updating and implementation of resettlement plan;
(ii) To identify any differences between the policy‟s requirements and the actual
implementation of the resettlement;
(iii) To monitor the settlement of complaints of affected households;
(iv) To make recommendations essential for to improve the updating and implementation of
the resettlement;
(v) To ensure the verification that each household has received the sufficient compensation
and assistance;
(vi) To implement the compensation and audit of the resettlement.
Specifically, regarding the updating and implementation of resettlement, the external
monitoring agency will monitor and evaluate some issues as follows:
 The combination of resettlement activities with the construction progress;
 Land acquisition and handing – over procedures
 Construction and reconstruction of houses, replacement works at the resettlement
areas or at the new locations of resettlement households;
 Satisfaction of affected households towards the regulations and implementation of the
RP;
 Complain settling mechanism (letter, process and settlement);
 Efficiency, impacts, sustainability of rights, income restoration programs and the
necessity of applying minimizing and improving methods;
 Develop the resettlement areas (houses and markets) ranging from the identification
of resettlement areas through the consultation with the affected people to the
development of the resettlement areas and movement of affected households; issues
related to the issuance of land use right certificate;
 The capability of the affected people towards and recovery/restoration of livelihoods
and living standards, with the special emphasis on the seriously affected people and
vulnerable groups;
 The impact of resettlement during the construction
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 The participation of the affected people into the updating and implementation of
resettlement plan.
2. Monitoring measures
The external monitoring is implemented in steps as follows:

 Review of records in the office;
 Observation;
 Direct interview.
Information collection resources included the following:
 Railway Project Management Unit (RPMU);
 District Compensation, Assistance and Resettlement Boards (DCARBs) in Viet Tri city and
Ha Hoa district;
 People‟s committees of communes affected by Yen Vien – Lao Cai railway upgrading
project going through the territory of Phu Pho province;
 Project affected households, seriously affected households and comments.
V. AFFECTED HOUSEHOLDS AND SCOPE OF LAND ACQUISITION
The results of the 2nd monitoring in Phu Tho province are as follows:
In Viet Tri city, affected by upgrading Viet Tri railway station: there are totally 32 AHs, in
which, 12 HHs have residential land affected (one AH has to relocate), 1 HH has garden land
affected, 1 organization (Ben Got ward‟s People‟s Committee) has the public land affected, 2 HHs
have their ponds affected, 21 HHs have structures (houses, fence, yard,etc) affected and 25 HHs
lost trees and crops.
In Ha Hoa district, affected by construction of Vinh Chan bridge: agricultural land of 10
households will be acquired temporarily (including 111m2 of agricultural land managed by Vinh
Chan CPC, 1 HH has structures affected, all 10 HHs have their crops mainly rice and
maize…affected) and these land areas will be returned to such households after completion of
construction.
Table 3: Summary of the number of AHs and actual acquired land area
Location Residential Garden land Agricultural land Number Number Relocat
land of HHs of HHs ed HHs
Number Area Number Area Number Area having having
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of HHs (m2) of HHs (m2) of HHs/ (m2) structures crops
organizati affected affected
on
Viet Tri
12 203.5 01 20.6 01 140 21 25 01
city
Ha Hoa
0 0 0 0 10 2,427.2 1 10 0
district
Total 12 203.5 01 20.6 11 2,567.2 22 35 01
Sources: CARBs in Viet Tri city and Ha Hoa district
Out of 42 existing AHs in Phu Tho province, 12 HHs have 203.5m2 of residential land
affected, 1 HH has 20.6m2 of garden land affected, 11 HHs have 2,567.2 m2 of agricultural land
affected, 22 HHs have structures affected and 35 HHs have crops, trees affected. 1 AHs in Ben
Got ward, Viet Tri city has to relocate.
Table 4 : Number of AHs disaggregated by district/city and commune/ward
No District/city Total of AHs Note
I Viet Tri city
1 Ben Got ward 32
II Ha Hoa district
1 Vinh Chan commune 10
Total (I+II) 42
Up to now, the total number of actually affected households is 42 out of which there are 32
households in Viet Tri city, 10 households in Ha Hoa district who have agricultural land
temporarily affected.
VI. LEGAL FRAMEWORK AND POLICIES
Policies of Asian Development Bank
 Policy on compulsory Resettlement by ADB – November 1995
 Resettlement Plan of sub – projects

 Project Information booklet (PIB)
Laws and legal documents of the Government of Vietnam

 Land law 2003 approved by the National Assembly of Socialist Republic of Vietnam
on 26th November 2003 and takes effective on 1st July 2003;
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 Decree No. 197/2004/NĐ – CP dated 3rd December 2004 on the compensation,
assistance and resettlement for land acquired by the State;
 Circular No. 116/2004/TT – BTC dated 7th December 2004 by the Ministry of Finance
providing guidelines on the implementation of Decree No. 197/2004/NĐ – CP dated
3rd December 2004 on the compensation, assistance and resettlement for land acquired
by the State;
 Circular No. 14/2009/TT-BTNMT dated October 01, 2009 by the Ministry of
Environmental and Natural Resource on detailed regulation on compensation, support
and resettlement and procedure on land acquisition, land handing over and land for
lease;
 Decree No. 17/2006/NĐ – CP dated 27th January 2006 by the Government on the
amendment and supplementation of some Articles of Decrees providing guidelines on
the implementation of the land law;
 Decree No. 84/2007/NĐ – CP dated 25th May 2007 providing supplementary
regulations on the issuance of land use right certificates, land acquisition,
implementation of land use rights, order and procedures of compensation, assistance
and supplementation when the State withdraws land and settle complaints about land;
 Decree No. 69/2009/NĐ – CP dated 13th August 2009 by the Government providing
supplementary guidelines on land use planning, land price, land acquisition,
compensation, assistance and resettlement.
Legal documents as the foundation for the implementation of Yen Vien – Lao Cai Railway
Upgrading Project.
 Loan Agreement No. 2302 – VIE (SF) signed on 16th November 2007 between the
representative of the Government of the Socialist Republic of Vietnam (the State Bank of
Vietnam) and Asian Development Bank (ADB); Agreement No. CVN 6006 01 dated 8th
February 2007 between the representative of the Government of the Socialist Republic of
Vietnam (the Ministry of Finance) and Agency of French Development (AFD); financial
protocol dated 25th April 2007 between the representative of the Government of the
Socialist Republic of Vietnam (the Ministry of Investment and Planning) and Republic of
France (DGPTE);
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th
 Decision No. 2742/QĐ – BGTVT dated 10 September 2007 by the Minister of
Transport of Vietnam approving the investment into the project “Yen Vien – Lao Cai
railway upgrading”; Decision No. 156/QĐ – BGTVT dated 16th January 2008 by the
Minister of Transport of Vietnam on the approval of the bidding plan; Decision No.
1378/QĐ – BGTVT dated 24th June 2011 by the Minister of Transport of Vietnam on the
approval of amending the bidding plan of some packages under “Yen Vien – Lao Cai
railway upgrading” Project;
 Decision No. 1378/QĐ – BGTVT dated 24th June 2011 by the Minister of Transport of
Vietnam on the amendment and supplementation of the bidding plan for the Yen Vien –
Lao Cai railway upgrading project;
 Decision No. 1431/QĐ – ĐS dated 7th November 2008 by Vietnam Railways on
“Regulating the responsibilities and power of the railway projects Management Unit in
the management and implementation of the Yen Vien – Lao Cai railway upgrading
project”;
 Legal documents issued by Phu Tho PPC
 Decision No.1467/2011/QD-UBND, dated 27 April 2011 of Phu Tho PPC on Land
Acquisition, Compensation, Assistance and Resettlement in Phu Tho province;
 Decision No. 24/2012/QD-UBND, dated 20 December 2012 of Phu Tho PPC on issuing
land prices in 2013 in Phu Tho province;
 Decision No. 264/UBND-KH1 dated 01/9/2009 of Phu Tho PPC on assigning the owner
for site clearance for construction of Yen Vien – Lao Cai railway;
 Announcement No. 258/CTK- TB dated 20/6/2011 of Phu Tho Provincial Statistics
Office on announcing average yield of annual crops and aquaculture in 2010.
VII. RESULTS OF MONITORING OF THE UPDATED RP IMPLEMENTATION
1. Information dissemination
During preparation of draft RP in 2006, information dissemination has been conducted

by CARBs of Viet Tri city and Ha Hoa district. Orientation meetings have been conducted since
2006 with relevant parties and affected households. Project information booklets have been
delivered to the affected households. During the update of RP in 2010 and 2011, various
meetings and community consultation meetings with authorities of city, district, communes and
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affected people including dissemination of updated information about the project, Gov‟s updated
policies on compensation, resettlement and assistance were held in September 2011 to disclose
the planning. Then, meetings with local people to disseminate and announce the comprehensive
land acquisition plan were held. After that, CARBs of Phu Tho province has elected
representatives for people having land affected, invited secretaries of Party cells, heads of
residential groups to take part in a meeting to announce the comprehensive approval (enclosed
with the meeting minutes). Basically, CARBs in Phu Tho province have complied with the
project‟s policy framework on information dissemination.
2. Community participation and consultation
The community consultation‟s objective is to orient local authorities, people,

representatives of affected households to contribute ideas. A RP was prepared by the Consultant. A
conference was also conducted in Viet Tri city with the participation of representatives of
Provincial Department of Transport, Provincial Department of Natural Resources and
Environment, Provincial Department of Construction, Department of Finance and
district/commune compensation and site clearance boards. Many tools and a wide range of
participation and consultation channels were held during the preparation for Resettlement Plan in
2006 and during the update of resettlement Plan in the period of March to April 2010. Community
participation and consultation were conducted with leaders of communes and districts affected by
the project and relevant organizations at the provincial and district level in Phu Tho province. The
participation and consultation of affected people and relevant parties were witnessed in various
aspects including compensation and resettlement policy of the Project, APs‟ selection of
resettlement, compensation options (in cash or in kind) and income restoration programs,
participation and consultation mechanisms during various periods of the project implementation,
complaint and grievance redressals, gender and vulnerable group-related issues… Concerns and
proposals made by relevant parties and affected people have been mentioned and gathered in the
resettlement plan. The community consultation for the project has been fully conducted by the
CARB of Phu Tho province.
3. Land acquisition and compensation payment
The impact level of the project in Phu Tho province is not very significant. The project
components in Phu Tho province include upgrading of Viet Tri railway station and Vinh Chan
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bridge. However, there is a small difference in the number of actual AHs and land acquired in
comparison with those mentioned in the approved RP (according to the approved RP, there are
totally 29 AHs, however, actually there are 32 AHs). The detail is as follows:
3.1. Viet Tri city:
There are totally 31 HHs and 1 organization (public land of Ben Got ward‟s People‟s
Committee) affected. In which, 1 AH has to be relocated (resettled in an existing residential
group in Ben Got ward). In the first monitoring, price application and compensation have been
approved for 23 AHs and 1 organization under the first and second phases. Compensation
payment for AHs is made in 3 phases. 23 AHs and 1 organization have been fully paid during
phase 1 and 2 and they had no complaint (under the first monitoring and the first monitoring
report was submitted to RPMU). Out of 32AHs/organization, only 1 HH has their garden land
affected so they will be assisted in accordance with the project‟s policy as follows: compensation
price x affected land area x 30%.
In the second monitoring, eight household/organization under the third phase have been
approved of compensation payment in accordance with Decision 13547/QĐ-UBND dated
December 31, 2013 by Viet Tri City People‟s Committee on approval of compensation and
assistance plan of for the project.: renovation and upgrade of Yen Vien – Lao Cai railway in Phu
Tho province, the segment runs through Ben Got ward, Viet Tri town (phase 3). Compensation
amount for the eight household/organization under the third phase is 382,970,000 VND.
In which:
No. Amount (VND)
1 Compensation for land 2.475.000
2 Fish production 1.005.480
3 Pond dredging 980.000
4 Structures 367.495.484
5 Trees and crops 8.009.767
6 Assistance for public land 3.003.840
Total 382.970.000
Source: Site clearance and compensation board of Viet Tri City
Detailed compensation payment made during 3 phases is presented in accordance with
the following decisions:
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Table 5: Summary of budget for site clearance in Viet Tri city
Num Compensation and assistance fund (VND) Total
Pha ber Compensa Fish Pond
Decisions Trees and Public
se of tion for Structure productio dredgin
crops land
AHs land n g
Decision
No.
3789/QD-
UBND
Pha dated
21 98.175.000 347.696.390 30.205.495 - - - 476.076.885
se 1 24/5/2013 of
Viet Tri
city‟s
People‟s
Committee
Decision No
8234/QD-
UBND
dated
Pha
20/9/2013 of 03 14.222.312 490.368.973 1.783.000 - - - 506.374.285
se2
Viet Tri
city‟s
People‟s
Committee ì
Decision
No.
13547/QĐ-
UBND
dated
Pha
December 08 2.475.000 367.495.484 8.009.767 1.005.480 3.003.840 980.000 382.970.000
se 3
31, 2013 by
Viet Tri
City
People‟s
Committee
Total of
32 114.872.312 1.205.560.847 39.998.262 1.005.480 3.003.840 980.000 1.365.420.170
three phases
The compensation amount paid in accordance with the three above decisions for AHs in Viet Tri
city is 1,365,420,170 VND. In which, compensation for land is 114,872,312, compensation for structures
is 1,205,560,847 VND, compensation for trees and crops is 39,998,262 VND, compensation for fish
production is 1,005,480 VND, assistance for public land is 3,003,840 VND and compensation for pond
dredging is 980,000 VND.
3.2. Ha Hoa district
10 HHs have their agricultural land acquired temporarily for construction of Vinh Chan
bridge in Vinh Chan commune. On July 31st, 2012, Ha Hoa District People‟s Committee (DPC)
issued the Decision No. 1750/QD-UBND on temporary acquisition of 2,427.2 m2 of agricultural
land of HHs and public land under management of Vinh Chan commune for construction of Vinh
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Chan bridge in Area 10, Vinh Chan commune, Ha Hoa district, Phu Tho province. The
acquisition period is 18 months from the date of decision issuance.
Decision issued by Ha Hoa DPC on compensation, assistance and resettlement for
construction of Vinh Chan bridge in Area 10, Vinh Chan commune, Ha Hoa district, Phu Tho
province with the total budget of 67,210,000 VND.
Table 6: Summary of budget for site clearance in Ha Hoa district
Budget for compensation and assistance (VND) Total
Cost for
No. of operation
Decision For For crops, Cost for
AHs of
structures trees appraisal
compensat
ion board
QD/UBND - 2013 of Ha
10 32,012,000 33,880,000 1,186,000 132,000 67,210,000
Hoa DPC
Source: CARB of Ha Hoa district
The above compensation amount of 67,210,000 VND has been paid to AHs. All AHs
have received compensation and had no complaint.
4. Income and livelihood restoration plan
Yen Vien – Lao Cai railway upgrading Project through Phu Tho province has had certain
impacts on households in the Project area during the acquisition of land, plants and farm
products and structures, etc. for the implementation of the Project. However, only 2 components
of the project are implemented in Phu Tho province so the impacts on local people are
insignificant. Moreover, such impacts have been carefully studied and minimized by CARBs and
other stakeholders in Phu Tho province during project design. Residential and agricultural land
account for a majority of affected land area. Only 1 HH has to relocate.
Persons that should be paid attention in income restoration programs are seriously
affected households (that have to move for resettlement), households whose owners are females,
families under preferential treatment policy, poor households, and minority households, the
elderly, etc. Specifically, the Project has had plans to support the local females and enhance their
participation through (i) assisting the establishment of handicraft; (ii) providing equipment; (iii)
training, providing guidelines and practice; (iv) providing financial assistance, and helping their
products to get access into the market. No HH has more than 10% of agricultural land affected so
it is not necessary to implement the income restoration program.
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5. Complaint settlement mechanism
A suitable mechanism of complaint and complaint settlement has been developed to solve
complaints, questions related to land acquisition, compensation and resettlement of the affected
people in a timely and satisfactory manner. All of the affected people are fully aware of rights
and detailed procedures for complaint and complaint procedure announced through an effective
community information campaign. Complaint mechanism and complaint procedures are
explained in the project information manual delivered to all affected people.
People that have to move to other places reserve the right to complain about land
acquisition and resettlement, including benefits, compensation and assistance, payment,
procedures for resettlement and income restoration programs as well as other issues related to
land management. The complaints of those people may be made orally or in writing. In the case
of oral complaint, the complaint board will be responsible for recording a minute in the first
meeting with people who have to move.
For the purposes of complaint and complaint settlement, the compensation, assistance
and resettlement board at the district/town and province/city level will also act as the complaint
settlement board. Commune officials are in charge of addressing issues related to the affected
people at the commune level through community consultation. Communes and resettlement
committee are responsible for recording contents of all meetings and a copy will be provided to
the people of movement. Copies of meeting minutes will be provided to railways projects
management unit and ADB as per requested. Submission and complaints settlement are guided in
Article 138 of the Land Law (2003), Article 162, 163 and 174 of Decree 181/2004/NĐ – CP
providing guidelines on the implementation of the Land Law, Article 63, 64 of Decree 84/2004
and Decree 136/2006/NĐ-CP.
On basis as above, the process of complaints and complaint settlement includes 4 stages as
follows:
(i) Stage 1: Oral or written complaints will be from the people of movement to the
Commune People‟s Committee. Such complaints will be discussed in an official
meeting between the people of movement and the Commune PC. The Commune PC is
in charge of settling the complaint within 15 days since the date of receiving the
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complaint. Contents of this meeting will be recorded in a meeting minute whose copies
will be provided to the people of movement.
(ii) Stage 2: If the complaint is not settled or if the Commune People‟s Committee does not
have any reply within 15 days since the date of receiving the complaint, the affected
people are possible to submit their complaint to the city/district resettlement Board. The
people of movement are requested to submit their complaints within 30 days since the
date of submitting their first complaint and must have records to prove their complaints.
The city/ district resettlement board are responsible for making a decision within 30
days since the date of receiving the request for settlement.
(iii) Stage 3: If the people of movement are still not satisfied with the decision of the city/
district resettlement Board or if the city/district resettlement Board does not have any
responses, people of movement can submit their complaint to the provincial People‟s
Committee. The Provincial PC will review and make decision on the complaint within
15 days since the date of receiving the request for settlement.
(iv) Stage 4: If the people of movement are not satisfied with the decision of the Provincial
PC or if the Provincial PC does not have any response within the time as per regulated
above, the people of movement can submit their complaint to the district court.
Through the 1st monitoring of the updated RP implementation in terms of the land
acquisition and resettlement, it is found by the EMA that the CARBs in Phu Tho province have
fully understood well about the grievance redressal procedures. However, in fact, there is a small
number of AHs and the project‟s impacts are insignificant in Phu Tho province. As a result, up to
now, there is no complaint about compensation and resettlement.
6. Issues concerning gender and ethnic minorities
6.1. Gender
Gender equality is one of the important criteria to evaluate the development of a
community. Gender issues have been detailed in the RP that is being updated in terms of the
socio – economic situation of females and gender strategy to ensure the effective integration of
gender related issues into such documents.
Activities of RP implementation in the locality have been recognized by the EMA during
the field monitoring such as: community consultation, information dissemination through
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meetings with the local people, answering questions arising during meetings of community
consultation, posting leaflets in the headquarters of the commune People‟s Committee,
propagandizing through the system of loudspeakers, creating favorable conditions for affected
households whose owners are females, creating favorable conditions for the ethnic minorities to
get access to essential information, regulations and policies on the compensation, land
acquisition and rights of people affected by the project.
There have been no plans on the implementation of training programs to enhance the
awareness of the local people about HIV/AIDS and border – crossing trafficking of females in
the project communities. The development will result in a lot of positive things; however, it is
impossible to avoid negative things caused by development projects. There may be a lot of
complicated social problems arising during the project implementation whose aftermaths should
be anticipated. Specifically, females and children may be directly affected by such problems
when the project implementation and various activities conducted in the project area will result
in the continuous increase of a huge number of workers, mainly males from other regions. This is
the negative problem of the social movement, negative impacts of the social development that
can have adverse impacts on the females, particularly, young females who are likely to become
objects of sexual abuse as well as highly risky at suffering from sexually transmitted diseases
caused by male workers from other regions. Therefore, it is essential for the project to quickly
develop and conduct its training programs to enhance the awareness of the local people about
HIV/AIDS as soon as possible.
6.2. Ethnic minorities
Social – economic data of ethnic households that are affected by the project have been
collected since 2011 as a part of SES and DMS to support for the updated resettlement plan in Phu
Tho province. Such social – economic data are presented below and compared with some major
socio – economic indicators applied for all of the affected households in the project area. All APs
in Phu Tho province are Kinh people so no Ethnic Minorities Development plan (EMDP) is
required.
7. Institutional arrangements and cooperation among relevant parties
The implementation responsibilities are clearly described in Decrees No. 197/2004,

84/2007 and 69/ 2009. Following major organizations (including project owner, local authorities,
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non – government organizations in the locality, etc.) shall be in charge of implementing the
resettlement plans.
Railway projects management unit
RPMU belongs to Vietnam Railways and is responsible for all of the components in this
project including updating the resettlement Plans, implementing, monitoring and evaluating the
implementation of resettlement Plans.
People’s Committee of Phu Tho province and relevant departments
The responsibilities of the People's Committees of Phu Tho province, relevant departments
and units (including Department of Natural Resources and Environment, Department of Finance;
Department of Construction and Committee of ethnic minorities) and lower administrative levels
are regulated in Decree No. 197/2004, Decree No. 84/2007 and Decree No. 69/2009 related to
the compensation and resettlement. To their tasks related to ethnic minorities, the provincial
Committee of ethnic minorities needs to consult with CEMMA to have support and guidance.
The People‟s Committee of Phu Tho province take general responsibilities for resettlement
activities within their management power.
District Compensation, Assistance and Resettlement Board (DCARB)
The director of the district compensation, assistance and resettlement boards are often the
Vice Chairman of the District PC. Members of these boards are heads of departments of finance,
department of natural resources and environment, department of transport, department of
agriculture, chairman of affected communes and social protection staff of the Railway projects
management unit along with representatives of public organizations and mass organizations such
as farmers‟ union, women‟s union in the province, representatives of ethnic minorities and
representatives of affected households. The responsibilities of the district PC are clearly
regulated in the Decree No. 197/2004 and Decree No. 84/2008.
Commune People’s Committee (CPC)
CPCs will support the CARBs in doing their resettlement responsibilities as stipulated by
Phu Tho PPC.
Project monitoring consultation
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To ensure the effective implementation of resettlement plans, the project monitoring
consultants shall be responsible for: Establishing two monitoring and evaluation systems to
ensure the favorable implementation of the resettlement plans.
The cooperation among the relevant parties in the implementation of compensation and
resettlement has been established and described in the updated RP about the roles of RPMU, Phu
Tho PPC, the land fund development center of Viet Tri city, CARB in Ha Hoa district, CPCs and
ward‟s People‟s Committee and relevant departments (Construction, Finance, Agriculture &
Rural Development, Natural Resources and Environment…).
It is found by the EMA that the cooperation among relevant parities during the project
implementation is quite good and effective and has gained initial achievements. This is an
important basis to ensure the success of the Project.
8. Issues and difficulties in implementation of site clearance and resettlement
Up to now, site clearance in Phu Tho province has been basically completed without an\y
remaining issue. In Ha Hoa district, households having agricultural land affected by the project
received compensation in the first monitoring. In Viet Tri city: 32 HHs/organization has been
approved of compensation payment. 31households and one organization have received
compensation payment for their affected land and assets through three phases of compensation
payment without any complaint and most of them support the project. In addition, 41m2 land of
Mr. Pham Van Thanh will be acquired (there is no approved decision). Thus, Mr. Thanh
household will be acquired his house and existing land that is also the reason for arranging new
resettlement land for the household in the next time.
XIII. RESETTLEMENT IMPLEMENTATION
In Phu Tho province, there is one household of Mr. Pham Van Thanh in group No.19, Ben Got ward,
Viet Tri city who is relocated by the implementation of CP1 package. According to CARB of Viet Tri city, it
is planned that this HH will be resettled in an existing residential area in Ben Got ward (with enough
infrastructures). Currently, compensation and site clearance board of Viet Tri City People‟s Committee is
arranging resettlement for Mr. Pham Van Thanh. Currently, the household has received compensation and
handed over the site to the project (exception of 41m2 of remaining land which will be acquired at the end
of June, 2014). Mr. Thanh‟s household is temporarily living with other household near his old household
and waiting for arranging new resettlement plot without complaint.
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IX. SUMMARY OF SITE CLEARANCE, RESETTLEMENT AND UPDATED RP
COMPLIANCE ISSUES
Units in
Issues Issues’ nature Proposed solutions Time
charge
A. Information dissemination and community consultation
- Basically, AHs - Project information - The updated RP will have to be CARBs of Viet June, 2014
understand well booklets have been delivered to CARBs and commune Tri city, Ha Hoa
about the project delivered to the affected people‟s committees; district, ward and
information, households. Community - Meetings must be fully held while commune‟s PCs.
however, the consultation meetings have community consultation must be
information not been organized conducted during the project
dissemination should frequently; the updated RP implementation.
be continued during has not been delivered fully
project to districts, communes.
implementation
B. Detailed Measurement Survey (DMS)

- The DMS has been - The identification of the
well-implemented land origin and land
by CARBs of Viet classification in the
Tri city and Ha Hoa records in comparison
district. There is a with the actual usage is
small difference in often the nature of
the actual number of complaints about the land
AHs in comparison compensation. However,
with the updated RP. these activities have been
well-implemented by
CARBs in Phu Tho
province, which avoided
errors in DMS.
C. Compensation
- In Ha Hoa district: - In Ha Hoa district and
all households Viet Tri city: the affected
having agricultural households have received
land affected have compensation without any
been temporarily complaint
received
compensation.
- Viet Tri City: all
of the affected
households have
been approved of
compensation fund
and received
compensation
D. Assistance
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Units in
Issues Issues’ nature Proposed solutions Time
charge
- AHs have No HH has more than
basically received 10% of agricultural land
assistances in affected. There is no EM,
accordance with vulnerable, female-headed
project „s policy HHs…
framework.
D. Income Restoration program
- The Income
restoration program
has not been
implemented since
there is no HH
losing more than
10% of agricultural
land
E. Complaint and grievance redressal
-. Some - Complaints about

complaints related compensation policies
to land for land, structures,
compensation, legal DMS have been solved.
baseline related to
compensation or
not compensation
for land of
households have
been solved.
X. CONCLUSION AND RECOMMENDATION
1. Conclusion
The site clearance and resettlement under CP1 package in Phu Tho province are well-
implemented. The number of HHs affected by this package is small and the project impacts are
insignificant with only one relocated AH. CARBs of Viet Tri city and Ha Hoa district have tried
their best in the implementation of RP. The site clearance activities have complied with the
updated RP and gained certained achievements. The cooperation among RPMU and CARBs in
Phu Tho province is highly effective.
In Viet Tri city, site clearance and resettlement has been basically completed.
Compensation payment has been made in 3 phases in accordance with three approved decisions
by Viet Tri City People‟s Committee for 32 household/organization and these AHs had no
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complaint about compensation. There is no complaint of the affected households, exception of
one household who has to be relocated, for this situation, site clearance board has planned
resettlement for the household in Ben Got ward, Viet Tri city.
In Ha Hoa district: the site clearance and compensation payment have been finished. All 10
AHs have received full compensation, assistance and had no complaint.
Information dissemination, community consultation, DMS, OIL,etc. have been
effectively implemented by RPMU, CARBs in Phu Tho province, District/city PCs and
Commune/ward PCs in accordance with the project process and partially brought good
effectiveness.
Policies on assistance for AHs losing agricultural land have been implemented. However,
number of affected households is not big and no HH has more than 10% of agricultural land
affected.
2. Recommendation
It is necessary to issue Decision and arrange resettlement for the household of Mr. Pham
Van Thanh in Ben Got ward as soon as possible in order for him to stabilize living.
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ANNEX : LIST OF INTERVIEWED PEOPLE
No Full name Position Address Note
I Viet Tri city
1 Tran Tien Ngoc Director of CARB CARB of Viet Tri city
2 Nguyen Duc Thu Site clearance staff CARB of Viet Tri city
3 Tran Anh Tuyet Land administrative staff Ben Got ward‟s PC
Residential group No.19,
4 Pham Van Thanh Relocated HH
Ben Got ward
HH having residential land Residential group No.19,
5 Dang Thi Loan
affected Ben Got ward
6 Tran Thi Chieu
7 Nguyen Thi Toan
8 Le Minh Hanh
9 Nguyen Thi Luoc
10 Hoang Thi Vuong HH having residential land Residential group No.19,
11 Vu Van Chuyen HH having residential land Residential group No.19,
12 Phan Thi Hong Mai Residential group No.19,
HH having garden land affected
Ben Got ward
13 Nguyen Van Luyen
14 Vu Thi My
HH having pond for raising fish Residential group No.19,
15 Do Van Nam Ben Got ward
affected
II Ha Hoa district
Division of Natural
1 Vu Van Tien Vice-director of CARB Resources and
Environment
2 Nguyen Manh Chi Director of CARB Ha Hoa DPC
Division of Natural
3 Vu Hong Hai Site clearance staff Resources and
Environment
HH having agricultural land Area No.10, Vinh Chan
4 Vuong Thi Hai
temporarily affected commune
5 Vuong Huu Duc
6 Vuong Van Long
7 Sai Van Toan
8 Le Van Thuy
9 Vuong Van Mac HH having agricultural land Area No.10, Vinh Chan
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No Full name Position Address Note
10 Nguyen Thi Tam
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SOME PHOTOS IN THE FIELD
Viet Tri Railway Station Meeting with site clearance board of Viet Tri
City
Viet Tri Railway Station is going to be renovated Mr. Pham Van Thanh‟s house is being
and upgraded disseminated to handover the site to the
construction unit
Trees are cut to hand over the site to the project in Structures and wall fences are affected and
Viet Tri railway station disseminated in Viet Tri railway station to
hand over the site to the project
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Social Monitoring Report: External Monitoring Report On RP Implementation Phu Tho Province

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VIE: Yen Vien-Lao Cai Railway Upgrading Project

ADB LOAN 2302-VIE

SUBMITTED BY EMA JUNE 2014

SUBMITTED BY EMA JUNE 2014

DTTS Ethnic Minority

SUBMITTED BY EMA JUNE 2014

d. Information dissemination and community consultation have been adequately

In compliance with social safeguards policies by ADB and Vietnamese Government

SUBMITTED BY EMA JUNE 2014

Table 2: Summary of HHs affected by the project (according to the RP)

Province City/district Project component Affected Affected Note

III. OBJECTIVES OF THE RESETTLEMENT PLAN

SUBMITTED BY EMA JUNE 2014

 The achievement of resettlement related objectives;

SUBMITTED BY EMA JUNE 2014

1. Obligations of the external monitoring agency

The major objectives of the EMA include:

The external monitoring is implemented in steps as follows:

V. AFFECTED HOUSEHOLDS AND SCOPE OF LAND ACQUISITION

SUBMITTED BY EMA JUNE 2014

VI. LEGAL FRAMEWORK AND POLICIES

Policies of Asian Development Bank

 Policy on compulsory Resettlement by ADB – November 1995

 Resettlement Plan of sub – projects

Laws and legal documents of the Government of Vietnam

SUBMITTED BY EMA JUNE 2014

SUBMITTED BY EMA JUNE 2014

VII. RESULTS OF MONITORING OF THE UPDATED RP IMPLEMENTATION

During preparation of draft RP in 2006, information dissemination has been conducted

SUBMITTED BY EMA JUNE 2014

2. Community participation and consultation

The community consultation‟s objective is to orient local authorities, people,

3. Land acquisition and compensation payment

SUBMITTED BY EMA JUNE 2014

3.2. Ha Hoa district

4. Income and livelihood restoration plan

SUBMITTED BY EMA JUNE 2014

SUBMITTED BY EMA JUNE 2014

6. Issues concerning gender and ethnic minorities

SUBMITTED BY EMA JUNE 2014

6.2. Ethnic minorities

7. Institutional arrangements and cooperation among relevant parties

The implementation responsibilities are clearly described in Decrees No. 197/2004,

Railway projects management unit

People’s Committee of Phu Tho province and relevant departments

District Compensation, Assistance and Resettlement Board (DCARB)

Commune People’s Committee (CPC)

Project monitoring consultation

SUBMITTED BY EMA JUNE 2014

8. Issues and difficulties in implementation of site clearance and resettlement

XIII. RESETTLEMENT IMPLEMENTATION

SUBMITTED BY EMA JUNE 2014

B. Detailed Measurement Survey (DMS)

SUBMITTED BY EMA JUNE 2014

-. Some - Complaints about

X. CONCLUSION AND RECOMMENDATION

SUBMITTED BY EMA JUNE 2014

SUBMITTED BY EMA JUNE 2014

SUBMITTED BY EMA JUNE 2014

SUBMITTED BY EMA JUNE 2014

SUBMITTED BY EMA JUNE 2014