VIE: Ho Chi Minh City Urban Mass Rapid Transit Line …...Luong Depot may also be required to serve...

Social Monitoring Report

Quarterly Report (1st and 2nd Quarters 2019) September 2019

VIE: Ho Chi Minh City Urban Mass Rapid Transit Line 2 Investment Program – Tranche 2 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.

Prepared by Management Authority for Urban Railway for the Asian Development Bank

HO CIII MINE CITY PEOPLE'S COMMITTEE

MANAGEMENT AUTHORITY FOR URBAN RAILWAYS

HO CHI MINH CITY URBAN MASS RAPID TRANSIT LINE 2 INVESTMENT

PROGRAM — METRO LINE 2

Project Number: 2956

INTERNAL RESETTLEMENT MONITORING REPORT

QUARTER I&II 2019

Scptcmhcr 2019

HO CR! MINH CITY URBAN MASS RAPID TRANSIT LINE 2 INVESTMENT PROGRAM Beit Thanh — Tliam Luong Route

Internal Resettlement Monitoring Report

Updated to 28 June 2019

HO Cifi MINT! CITY URBAN MASS RAPID TRANSIT LINE 2 INVESTMENT PROGRAM

BEN THANH— THAMLUONG ROUTE

Project Number: 2956

Prepared by the Management Authority of Urban Railways (MAUR) for the Asian

Development Bank (ADB), KfW and European Investment Bank (EIB)

Resettlement Progress Report — Quarter II, III, IV - 2018 P a g e I 2

HO CHI MINH CITY URBAN MASS RAPID TRANSIT LINE 2 INVESTMENT PROGRAM

Ben Than/i — Tham Luong Route

TABLE OF CONTENTS

I. OVERVIEWS 4

1.1. Project Background 4

1.2. Scope of Land Acquisition and Resettlement to the Households 7

1.3. Objectives of Internal Resettlement Monitoring 8

II. LAND ACQUISITION, COMPENSARTION AND RESETTLEMENT ACTIVITIES

IMPLEMENTED IN QUARTER I & II OF 2019 9

2.1. Number of affected households of the project changed 9

2.2. Progress of the Updated Resettlement Plans (URPs) Approval 10

2.3. Detailed Measurement Survey (DMS) 11

2.4. Arrange the apartments for relocation 11

2.5. Announcement of the Ti price and draft detailed compensation plan. 12

2.6. Public consultation and information disclosure 12

2.7. Compensation and Assistance Payment 13

2.8. Complaints and complaint solving 14

2.9. Outstanding Issues of Quarter I & II of 2019 15

III. ACTION PLAN FOR QUARTER 111/2019 15

3.1. Resettlement Framework and Resettlement Plans 15

3.2. Other related activities 15

IV. CONCLUSIONS 16

LIST OF TABLES

Table I - Scope of land acquisition by the Project 4

Tab1e2 —Number of affected households as of 28 June 2019 9

LIST OF FIGURES

Figure 1 - Route of Ho Chi Minh City Mass Rapid Transit Line 2 Project 6

Figure 2— The layout of Tham Luong Depot in District No. 12 7

Resettlement Progress Report — Quarter II, III, IV 2018 P a g e 3

HO CHI MINH CITY U'BAN MASS RAPID TRANSIT LINE 2 INVESTMENT PROGRAM

Ben Than/i — Tlzam Luong Route

I. OVERVIEWS

1.1. Project Background

The Urban Railway Line 2 (Metro Line 2) is one of eight urban railways in Ho Chi

Minh City (HCMC). The Ho Chi Minh City Mass Rapid Transit Line 2 Investment

Program (the Metro Line 2 Project or the Project) is one part of the Urban Railway

Line 2. The Project involves construction of a depot, ten (10) underground and one

(01) elevated stations on the length of 11.3 kilometers (km) of urban dual rail line

from Ben Thanh to Tham Luong (including 9.3 km underground, 0.2 km transition

and 1.8 km elevated). The Project is implemented in the Districts No.1, No.3, No.10,

No.12, and Tan Binh and Tan Phu Districts.

2. In initial plan, the Metro Line 2 Project, Ben Thanh — Tham Luong has the total

investment cost of 1.37 billions USD in which ADB funds for 540 millions USD,

KfW for 313 millions USD, EIB for 195 millions USD and Vietnamese Government

counterpart fund is 326.5 millions USD.

3. The Project has 11 stations including 10 underground stations, 01 elevated station

(Tan Binh Station) and 2 C&C Sections. The Project acquires of 249,777.1 m2 of land;

of which, land that being owned by households, individuals, and organizations which

compensation must be made for is 49,326.17 m2. The remaining affected land area is

the public land. Total of affected land area by the Project and scope of land acquisition

by each station are shown in the Table 1 below.

Table 1 - Scope of land acquisition by the Project

No Stations Districts

Total land

acquisition area

by the Project

Affected land areas

that compensation is

required

Tao Dan - S2 No. 1 14,568.90 4,445.00

No. 3 1,954.00 64.99

Tota1S2 16,522.90 4,509.99

2 Dan Chu - S3 No. 3 13,324.90 2,589.05

No. 10 4,635.20 1,191.00

To1alS3 17,960.10 3,780.05

3 HoaHung—S4 No. 3 5,717.60 2,847.41

No. 10 5,559.30 3,221.90

Tota1S4 11,276.90 6,069.31

4 Le Thi Rieng — S5

No. 3 5,075.50 1,609.62

No. 10 8,872.70 2,407.90

Tan Binh 230.00 00

Tota1S5 14,178.70 4,017.52

5 PhamVanHai—S6 TanBinh 11,613.40 5,371.10

Toia1S6 11,613.40 5,371.10

6 Bay Hien — S7 Tan Binh 24,646.50 7,713.57

Tota1S7 24,646.50 7,713.57

Nguyen Hong Dao —

S8

Tan Binh 12,732.60 4,435.55

Resettlement Progress Report — Quarter II, III, IV - 2018 Page 4

1-10 CHI MINU CITY URBAN MASS RAPII) TRANSIT LINE 2 INVESTMENT PROGRAM

Ben Titan/i — Tizani Luong Roule

TotalS8 12,732.60 4,435.55

8 Ba Queo — S9 Tan Binh 8 437.80 3 730.49

Tan Phu 7,250.40 767.97

TotalS9 15,688.20 4,498.46

9 Pham Van Bach — SI 0 Tan Binh 28,557.90 2,367.30

Tan Phu 25,578.20 7.06

TotaISlO 54,136.10 2,374.36

10 TanBinh—SII Tan Binh 16,427.60 00

Tan Phu 16,398.20 205.56

Total Sil 32,825.80 205.56

Link to Depot No.12 20,564.30 4,941.90

Total Link to depot 20,564.30 4,941.90

I

BT-TD cut-cover

section No. 1 11,303.50 1 408.80

Total cut-cover section 11,303.50 1,408.80

BQ-PVB cut-cover

section 6,328.10 00

Total cut-cover section 6,328.10 00

Total 249,777.10 49,326.17

Source: Boards for Compensation and Site Clearance of Project Districts.

4. All underground stations, including the two tunnels of the Project will be constructed

under existing city roads, namely Truong Chinh and Cach Mang Thang Tam roads.

Except for both ends of the underground stations where escalators will be constructed,

the main body of the stations will be built within the existing "planning line" — a

demarcated area from both edges of a road which restricts the construction of

buildings even on privately-held lands for safety reasons. Each station will be

constructed with gate stations and ventilation systems (include fan and ventilation

pipes). Most of the land acquisition and resettlement impacts are from these gate

stations and ventilation systems.

Resettlement Progress Report — Quarter 11, III, TV - 2018 P a g e 5

PHAM VAN HMI

-

HO CIII MINH CITY URBAN MASS RAPID TRANSIT LINE 2 INVESTMENT PROGRAM

Ben T/zanh — Tluirn Luong Route

Figure 1 - Route of Ho Chi Minh City Mass Rapid Transit Line 2 Project


t,Jll:

h.'- -

.-.---=,j


Ben Ti: au/s - 11:am Luong Route

5. The Tham Luong Depot is located in District No. 12. In the long term, the Tham

Luong Depot may also be required to serve Metro Line 6 and the proposed extension

of Metro Line 2 from Thu Thiem to An Suong. Total land acquisition for construction

of the Tham Luong Depot is about 25.7 hectares (ha), and will be divided into 2

phases: (i) phase 1: 18.84 ha for building the executive office and resettlement area

households displaced from the depot area; and (ii) phase 2: 7.76 ha for construction of

infrastructure and the depot's auxiliary facilities. The layout of the Tham Luong Depot

is shown in the Figure 2 below.

PLAN OF THAM LUONG DEPOT - OPTION 2

MAT BANG KHU DEPOT THAM LU'ONG - PHUNG AN 2

Figure2 — The layout of Tham Luong Depot in District No. 12

6. As planned, after the project completion, there will be a sustainable urban transport

system established in the Districts of the Project and provision of public transport with

competitive price along the Project. The Project will reduce the increase of private

means of transport, improve urban environment, reduce accident and air/noise

pollution and create more friendly environment for pedestrians. The Project also

support for the effort of minimizing climate change in the city by applying low carbon

transportation and encouraging the change from using private means of transport,

which is more energy efficient and emits less greenhouse.

1.2. Scope of Land Acquisition and Resettlement to the Households

7. The Project implementation will affect 602 households — 513 individuals and 89

organizations in six (06) Districts of HCMC, namely District 1, 3, 10, Tan Binh, Tan

Phu and 12. Residential land of 113 households will be totally recovered and the

households will be relocated. The remaining households (489) are partially affected on

land, houses and structures. Total permanent land acquisition area for the Project

implementation is 249,777.1 m2 (excluding Tham Luong Depot area).

Resettlement Progress Report - Quarter II, III, IV - 2018 P a g e 7


Ben Thanlz — Tizain Luong Route

1.3. Objectives of Internal Resettlement Monitoring Report

8. As agreed during the project preparation and processing, quarterly internal

resettlement monitoring reports on land acquisition, compensation, support and

resettlement activities of the Project will be prepared by MAUR and submitted Donors

(ADB, EIB and KfW) for review and disclosure.

9. Main objectives of the quarterly internal resettlement monitoring report — include:

(i) Review the implementation progress of all issues related to land acquisition,

compensation and resettlement activities in the quarter.

(ii) Propose the measures to settle the outstanding issues related to land acquisition

and resettlement of the quarter.

(iii) Plan for the activities that will be implemented in the next quarter.



Ben Than/i — Than: Luong Route

II. LAND ACQUISITION, COMPENSARTION AND RESETTLEMENT

ACTIVITIES IMPLEMENTED IN QUARTER I & II OF 2019

2.1. Number of affected households of the project changed

10. According to the figures updated to 28 June 2019 by the Boards for Compensation and

Site Clearance of districts, total affected households of the Project is 602 households,

of which 513 households and 89 organizations. Among 602 affected households, 113

households are fully affected and have to be relocated (reduced compared to this the

previous reports — it is because six (06) households who are with small affected land

areas have been avoided land acquisition by the Project); and the remaining (489)

households are partially affected on their houses and structures. Details of number of

affected households, classification of affected households are described in Table 2

below.

Table2 — Number of affected households as of 31 December 2018

No Districts

Stations

Households Organizations Total of PAHs

Partially Fully Total Partially Fully Total Partially Fully Total

1 District 1 16 4 20 9 - 9 25 4 29

1.1 Tao Dan

Station 16 4 20 7 - 7 23 4 27

1.2 BT-TD cut-

cover section

0 0 0 2 0 2 2 0 2

2 District 3 54 42 96 12 5 17 66 47 113

2.1 Tao Dan

Station - - 1 - 1 - 1

2.2 DanChu

Station 8 8 16 5 - 5 13 8 21

2.3 1-ba Hung

Station 19 23 42 5 5 10 24 28 52

2.4 LeThiRieng

Station 27 11 38 1 - 1 28 11 39

3 District 10 50 11 61 11 2 13 61 13 74

3.1 Dan Chu

Station 3 4 7 2 - 2 5 4 9

3.2 Hoa Hung

Station 46 7 53 8 2 10 54 9 63

Le Thi Rieng

Station I - 1 1 - 1 2 - 2

Tan Binh

district 275 40 315 32 9 41 307 49 356

4.1 PhamVanHai

Station 97 18 115 8 4 12 105 22 127

4.2 Bay Hien

Station 88 20 108 8 3 11 96 23 119

Resettlement Progress Report — Quarter II, III, IV - 2018 Page 9


Ben Thaizi: — Tham Luong Route

Nguyen Hong

Dao Station 69 1 70 13 2 15 82 3 85

BaQueo

Station 21 1 22 1 - 1 22 1 23

Pham Van

Bach Station - - - 2 - 2 2 - 2

Taiz P/il!

District 14 - 14 5 - 5 19 - 19

BaQueo

Station 13 - 13 1 - 1 14 - 14

5.2 Pham Van

Bach Station - - - 1 - 1 1 - I

Tan Binh

Station 1 - 1 3 - 3 4 - 4

6 District 12 7 - 7 4 - 4 11 - 11

6.1 Linkto Depot 7 - 7 4 - 4 11 - 11

TOTAL 416 97 513 73 16 89 489 113 602

Source: Reports of the Boards for Compensation and Site Clearance of districts

11. As such, the total affected households at the end of June 2019 is 602, unchanged

compared at the end of December 2018; however, number of affected households may

continue changing when thc District PCs review and approve the detailed

compensation plans for the affected households (the affected households may divide

the households to more than one household because the family members get married

or the technical design experience minor changes, etc). The changes of the total

affected households (if any) will be updated in the next resettlement monitoring

progress reports.

2.2. Progress of the Updated Resettlement Plans (URPs) Approval

12. According to the plan agreed with ADB Mission in April 2016, the URPs of the

Project would be updated and submitted one time for all affected districts of the

Project in October 2016. 1-lowever, due to some delays in detailed measurement

survey activities and completion of detailed compensation plans for the households by

the districts, the submission plan was missed. Therefore, ADB and MAUR discussed

and agreed the adjustment of updating and submitting of URPs to which the URPs are

updated and separately submitted for each district right after finalizing the draft

detailed compensation plan and announcing to affected households.

13. The draft version of the URPs for Districts No. 3 and Tan Phu were prepared and

submitted to the ADB and the City Compensation and Appraisal Board for review on

15 October 2016. After the review, ADB provided comments for the draft URPs on 07

November 2016 and requested the City Compensation and Appraisal Board to review

andcomment on the draft URPs before resubmission to ADB for disclosure. In

December 2016, the MAUR explained to the City Compensation and Appraisal Board

the relevant contents of Entitlement Matrix, Grievance Redress Mechanism, income

Resettlement Progress Report — Quarter II, III, IV - 2018 P a g e 110

HO CHI MINH CITY URBAN MASS RAPID TRANSIT LINE 2 INVESTMENT PROGRAM Ben T/zanh — Tham Luong Route

restoration measures which mentioned in the draft URPs for Districts No.3 and Tan

Phu. In February 2017, the City Compensation and Appraisal Board provided

comments to MAUR (dated 17/02/2017). The URPs were finalized by MAUR

incorporating comments of ADB and the City Compensation and Appraisal Board and

HCMC-PC for resubmission to ADB. ADB had no objection on the finalized URPs

for District 3 on 12 June 2017.

14. MAUR finalized the URPs for Districts No.1, No. 10, No.12, Tan Phu, Tan Binh and

resubmitted to ADB on 09 June 2017. On 23/6/2017, ADB approved these URPs with

condition that MAUR shall finalize these URPs according comments ADB. Then,

MAUR had completed contents, re-submitted and on 28 February 2018, ADB had Fax

letter to approve URPs of 6 districts.

15. However, when HCMC-PC reviewed the URPs before approval, the City concerned

about mentions of the Accountability Mechanism (AM) in URPs. The city of opinion

that, there should not be any mention on the AM because the Grievance Redress

Mechanism is already there and the City will settle all the grievances, if any, and that

the AM is unnecessary. To date, HCMC-PC and ADB have agreed on the content and

implementation of the Accountability Mechanism in the Updated Resettlement Plan.

MAUR coordinated with ADB Consultant to update the Resettlement Plan in District

3, submit to ADB and Steering Board for Compensation and Site Clearance of the

City (SBCSC) review.

2.3. Detailed Measurement Survey (DMS)

16. The DMS includes many different activities and can be divided into 02 main activity

groups: (i) investigation, survey, measurement of affected land area, houses and

structures; and (ii) legal verification of affected land, houses, structures. As of 31

December 2016, all the project districts completed the DMS. To date, there is no

problems or complaints of affected households on the completed DMS.

2.4. Arrange the apartments for relocation

17. In preparing for relocation for relocating of physically displaced households, District

Compensation and Site Clearance Boards have arranged the fund of apartments for

relocation. Accordingly, 142 apartments for relocation have been prepared for

relocation households of the Project for four (04) districts including District No. 1, No.

3, No. 10 and Tan Binh with the number of arranged apartments are: (i) District No. 1:

09 flats in apartment building 203 Nguyen Trai — in District No. 1; (ii) District No. 3:

16 flats in SCREC apartment building — in Ward No. 12 — District 3 and 30 flats in

apartment building No. 4 Phan Chu Trinh — in Ward No. 12 — Binh Thanh District;

(iii) District No. 10: 33 flats in Nguyen Kim apartment building — Ward No. 7 — in

District No. 10; and Tan Binh District: 38 flats in Lot A, Tan Tru apartment building —

in Ward No. 15 and 19 flat in Lot J Bau Cat 2 apartment building — in Ward No. 10 —

Tan Binh District.

18. Apartment price for relocation was defined according to market price but by

preferable price for the relocation households. Information on resettlement flat selling

price to the relocation households was noticed together with Ti price (compensation

Resettlement Progress Report — Quarter II, III, IV - 201 8 P a g e 11


Ben Than/i — T/iain Luong Route

rate for affected land) in the Ward's Offices during the announcement of the draft

detailed compensation plans by the District Compensation and Site Clearance Boards

and delivered to the households during the public consultation meetings on the draft

detailed compensation plans. MAUR met with relocation households in Qil of 2018

and was confirmed by the households that the price of the relocation apartments is

acceptable by the households.

2.5. Announcement of the Ti, T2 price and draft detailed compensation plan.

19. The land price evaluation was conducted by the independent land price apraisal

consultant - and the results of the evaluation were disclosed to the affected households

and communities in the Ward's Offices in 30 December, 2016. The City DONRE

announced tl1e proposed compensation price-frame (Ti) in all affected districts in

January, 2017. The Ti price was also used by the District Compensation and Site

Clearance Boards for preparing the draft detailed compensation plans for the

households and provided to the households for comments. Based on the comments of

the affected households on the Ti price, the District PCs proposed the final price for

compensation (T2) to the HCMC-PC for review and approval. HCMC PC, on October

and November 2017, considered and approved land price adjustment coefficient to

calculate compensation, support of the Project in districts: 1, 3, 10, 12, Tan Binh and

Tan Phu (T2 price). Based on the issued T2 Price, the project district PCs finalized the

detailed compensation plans for the households.

20. However, as the URPs have not yet been approved by HCMC-PC, compensation has

not yet been made to the affected households (except for the District No.3 where a

number of affected households got compensation). The T2 Price is, according to the

Government's Laws, valid only with six months. Currently, to redefine the price of

T2, HCMC-PC has assigned DORE to review the legal, valid T2 prices and re-conduct

the necessary procedures to re-approve the T2 price in accordance with regulations.

2.6. Public consultation and information disclosure

21. Project Information Booklets (PIB) was prepared for providing to all affected

households in the public consultation meetings. Main information in PIB include:

Brief on the Project: (i) The Project and the Project's impacts; (ii) Project owner

and Implementation agencies; (iii) stages and implementation and time frame; (iv)

Expected Project Total Cost Estimate; (v) Expected benefits of the Project.

Compensation, support and resettlement policy for affected households by

the Project: (i) compensation, support and resettlement principles under the

Project; (ii) compensation, support policy for affected houses, structures,

architectural items; and (iv) other support policies.

Grievance Redress Mechanism.

Contact address: provision of names, addresss, phone numbers of the agencies

related to land acquisition and resettlement of the project..

22. During the announcement of draft Ti price in affected wards of all affected districts

(06), MAUR coordinated with the District Compensation and Site Clearance Boards to


HO CIII MINH CITY URBAN MASS RAPID TRANSIT LINE 2 INVESTMENT PROGRAM

Ben Than/i — Tizain Luong Route

provide information and conducted consultation with affected people and

agencies/organizations on the issues of land acquisition, resettlement and construction

of stations in the Districts.

23. Consultation activities were conducted in Districts No.1, No. 3, No.10, No.12, Tan

Binh and Tan Phu from October 2016 to February 2017 with the participation of the

representatives from local government, communist party organizations and households

affected by the Project. Main issues consulted with affected households and

organization include: (i) affected scope of stations according to DMS results; (ii) legal

condition and entitlements of compensation, support and resettlement; (iii)

implementation plan and participation of affected people and communication; (iv)

Grievance Redress Mechanism; and (v) How were comments and recommendations

from affected people and community in the first consultation solved by authorities.

The PIB was also provided to affected people and posted at offices of residential

group and offices of WPCs.

24. During consultation, affected households expressed their concerns on issues related to

compensation, support and resettlement policy of the Project. Issues related to impacts

to income of business households during construction, compensation unit price,

grievance redress mechanism. Questions from affected households were responded by

representatives from District Compensation and Site Clearance Boards and MAUR.

2.7. Compensation and Assistance Payment

a. Compensation, assistance and relocation for the PAHs at the Than Luong

Depot in District No. 12

25. For Area I —18.84 ha (Depot Area): Compensation and Site Clearance Board of

District No. 12 has updated more information on number of affected people (AH's

members) based on legal documents provided by the affected households. Previously,

HCMC reviewed and issued the adjusted compensation unit prices for residential and

agricultutal land at the Tham Luong area. Compensation and Site Clearance Board of

District No. 12 has paid the rental assistance to the affected households who are

eligible to receive land-plots in the resettlement site. The rental assistance is calculated

from the time the affected households handing over their land until the time receiving

the land-plots in resettlement site.

26. Up to 28 June 2019, compensation and assistance were paid for 92 PAHs in a total of

93 PAHs. The remaining PAH (Ms. Nguyen Thi Mong Thuy) has not received

compensation and assistance and is appealing to the city authorities. Currenty, this

household's complaint is being reviewed by the Department of Natural Resources and

Environment.

27. For the Area II — 7.76 ha (Depot Area): Compensation and Site Clearance Board of

District No. 12 has implemented the information dissemination to affected households.

The information that has been published and provided to the affected households

including project's information, compensation, assistance and resettlement policy,

entitlements of the affected households, implementation plan for land acquisition plan,

assistance and resettlement, and Grievance Redress Mechanism.


HO CHI MINH CITY URBAN MASS RAPiD TRANSIT LINE 2 INVESTMENT PROGRAM

Ben Thanh — Tham Luong Route

28. Updated implementation progress for Area II: There are 18 affected households due to

land acquisition of Area II. People's Committee of District 12 issued a compensation

decisions for 17 cases. The Compensation and Site Clearance Board of District No. 12

continued to complete 01 legal case. To date, there are 14/17 households received

compensation, support and handed over their land for the project. 03/17 have not

received the money, the Compensation and Site Clearance Board of District No. 12

has sent to the Bank.

29. Handover of Resettlement Plot to the Households (Depot): People's Committee of

District 12 met with Chung Trang Linh Company (investor of the Resettlement

Project) on November 14, 2018 to review progress and legal procedures to prepare for

handing over of plot to the affected households. Currently, DPC of District No. 12 is

organizing the draw for land-plots for the affected households in resettlement site (80

land-plots). DPC of District No. 12 will issue the Decisions to hand over the land-plots

in resettlement site to each affected household right after the Ho Chi Minh PC

approves the unit price for land in the resettlement site.

b. Compensation aizd assistance for affected households (Stations):

30. Compensation and assistance for the affected households are being held up because

the URPs have not yet been approved by HCMC-PC and Price T2 is being revised.

2.8. Complaints and complaint solving

31. As mentioned in the previous progress reports, the Grievance Redress Mechanism set

up in RP 2012 is not consistent with actual condition of the Project. Therefore, a

procedure of complaint solving was set up and proposed to be applied for Line 2

Project. However, HCMC-PC did not accept the proposed procedure and requested

ADB to accept the existing procedures for grievance resolution based on Laws of the

Government and relevant Dccisions of the City. The City confirmed that, provisions of

the existing Government's Laws and the City Decisions are functional and effectives

and that grievances or complaints related to the Project implementation will be settled

in the timely and transparent manner. ADB accepted the request with a condition that,

a due diligence will be conducted on the applied grievance redress mechanism by the

Project and if the arrangement is not functional and effectiveness, a work able

grievance redress mechanism will be discussed with HCMC-PC.

32. MAUR is responsible for recording and documenting all complaints and enquiries

related to land acquisition and resettlement. In QI and QII 2019, MAUR received 08

complaints (forwared from ADB) and transited to DPCs of District No. 3 (07 cases)

and District No. 12 (01 case) for review and handling according to the current

regulations. Namely:

District No. 3: (i) Mrs. Le Thi Dau case: The City People's Court is considering

and settling; (ii) Mr. Ngo Van Ngoc, Mr. Ngo Van Son and Mrs. Ngo Thi Thu Ha

cases: DPC of District No. 3 issued the Decision on Complaint Resolving on 14

January 2019. Currently, the City Inspectorate is considering submitting this case

to the HCMC PC; (iii) Mrs. Nguyen Thi Kim Thu, Mrs. Nguyen Thi Thanh Mai



Beiz Than/i — T/iain Luong J?oute

and Mrs. Vu Thi Ngoan cases are being considered and handled by DPC of

District No. 3.

- District No. 12: Mrs. Nguyen Thi Mong Thuy case is being reviewed by the

Department of Natural Resources and Environment.

2.9. Outstanding Issues of Quarter I & II of 2019

33. All the districts has not issued compensation decisions to the households because the

URPs have not yet been approved by HCMC-PC and Price T2 is being revised.

34. Related to re-approval of Resettlement Framework (RF) and URP: based on current

regulation, 1-ICMC PC is seeking Prime Minister permission to authorize HCMC PC

approving RF and URP. In addition, I-ICMC PC just issued the new Decision on

Compensation, Assistance and Resettlement in Ho Chi Minh City Areas (Decision

28/2018/QD-UBND) in August, 2018. The new Decision has some different

provisions with the previous one (The Decision 23/2015/QD-UBND issued in 2015)

that was based on to prepare and update the ftPs. It is apparently that the URPs will

have to go with another round of updating. This takes time — and compensation for the

affected households will continue experiencing of delays.

35. The external resettlement monitoring expert has not yet been mobilized. ADB \vill

mobilize an external resettlement monitoring consultant (individual) from December

2019 to perform the external resettlement monitoring tasks until end of 2020.

36. Currently, DPC of District No. 12 is organizing the draw for land-plots for the affected

households in resettlement site (80 land-plots). DPC of District No. 12 will issue the

Decisions to hand over the land-plots in resettlement site to each affected household

right after the Ho Chi Minh PC approves the unit price for land in the resettlement

site.

III. ACTION PLAN FOR QUARTER 111/2019

3.1. Resettlement Framework and Resettlement Plans

37. MAUR will follow up with HCMC-PC on approval of the URPs.

38. MAUR will follow up with HCMC-PC on the T2 issues as this is the bottle-necked

issues. The delays in having the new 12 issues will consequently delays of paying of

compensation and assistance to the households.

39. Based on the provisions of new Decision of HCMC-PC on Compensation, Assistance

and Resettlement in Ho Chi Minh City Areas, the URPs will be updated and submitted

to ADB and HCMC-PC for approval.

3.2. Other related activities

a. External monitoring consultant

40. ADB will mobilize an external resettlement monitoring consultant (individual) from

December 2019.

b. Action Plan

Resettlement activities Time-frame

Resettlement Progress Report — Quarter II, III, IV - 2O 8 Page 15


Beiz Than/i — Tizam Luong Route

Resettlement activities Time-frame

Maur update RP September 2019

ADB's No —Objection for uRP October 2019

I-ICMC-PC review and approve for uRP November 2019

Compensation Payment From December 2019 to 30 May 2020

c. Temporary impacts during construction phase

41. HCMC PC has directed the Steering Committee for Compensation, Assistance and

Resettlement of the City (Steering Committee) to review and report the related issues

to the HCMC PC. Currently, DPCs are are statistically impacting of temporary income

loss due to the project implementation and submitting to Steering Committee to

summarize and report to HCMC.

IV. CONCLUSIONS

42. In Quarter I & II of 2019, there is no progress in compensation and assistance payment

and land acquisition of the project districts. The delayed PAD approval and delayed

approval of the uRPs preventing all the land acquisition and resettlement happened.

43. It took more than one-year to discuss and resolve the issues with the ADB's AM. The

agreements between HCMC-PC in Letter No. 487 / UBND-DT dated February 15,

2019 and ADB's Fax Letter dated February 26, 2019 are the way for the project to

progress.

44. It will take time to update Resettlement Plans. This activity will take most of time of

QIII of 2019.

45. Following up with the HCMC-PC and relevant agencies to resolve the outstanding

issues of 2018 and starting updating works will be the main activities of QIII 2019.

Resettlement Progress Report — Quarter II, III,1V -2018 P a g e 16

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