Due Diligence Report

February 2015

VIE: Second Upper Secondary Education Development Project (USEDP II) – Hoa Binh Province

Tan Lac Upper Secondary School Quyet Thang Upper Secondary School Cong Hoa Upper Secondary School Da Bac Upper Secondary School

Prepared by the Ministry of Education and Training, Socialist Republic of Viet Nam, for Asian Development Bank

The Due Diligence 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.

ACCRONYMS ADB - Asian Development Bank CPMU - Central Project Management Unit EMs - Ethnic Minorities MOET - Ministry of Education and Training RP - Resettlement Plan USEDP II - Second Upper Secondary Education Project USS - Upper Secondary School I. INTRODUCTION

1. The Ministry of Education and Training (MOET) is implementing the Second Upper Secondary Education Development Project (USEDP II, or the Project) in the 33 provinces of Viet Nam, through Loan № 2929 – VIE (SF) from Asian Development Bank. Under the Project, a total of 135 upper secondary schools (USSs) and six (6) pedagogical centers have been selected for assistance. In the screening and categorization for social safeguards, Category A subprojects are automatically excluded, while Category C subprojects shall be prioritized for financing. The subproject USSs with minor impacts (Category B) may be considered subject to the preparation and implementation of a resettlement plan (RP) acceptable to ADB, as prescribed in 2009 Safeguard Policy Statement (SPS). The RP for Category B subproject shall be approved first by the Bank and disclosed in the ADB website before implementation by MOET.

2. Hoa Binh is a mountainous province of , located in the Northwest region. It borders provinces of and to the Northwest, Ha Noi to the North and , Ha Nam province to the , Ninh Bình province to the South and Thanh Hoa province to the south. Four (4) beneficiary USSs were selected for the Project, namely: (i) Tan Lac Upper Secondary School; (ii) Quyet Thang Upper Secondary School; (iii) Cong Hoa Upper Secondary School; and (iv) Da Bac Upper Secondary School. As screened, both are Category C subprojects under the Involuntary Resettlement and Indigenous Peoples categorization (Attachments 1 to 4), since no social impacts are expected inside the schools’ premises. The Central Project Management Unit (CPMU) of USEDP II has submitted this Due Diligence Report (DDR) for information of ADB and to secure its “No Objection” for the award of civil works contract for the construction of school facilities.

II. APPROACH AND METHODOLOGY IN DUE DILIGENCE

3. The CPMU has applied the selection criteria in evaluating the USSs included in the long list. The criteria were developed during the PPTA. Given the large number of USSs and their geographic locations, the CPMU sent questionnaires for filling up by the school officials whose responses were the basis for screening and selection in producing the shortlist of USSs. The school officials of shortlisted USSs were then given two sets of questionnaires. The first set was used in gathering information on their proposed facilities and statistical data that justify their proposal. The proposed investments were then screened and made the reasonable distribution of facilities that are urgently needed. The second set was aimed to validate if land acquisition shall be required. National resettlement specialist and CPMU civil work assistance conducted site survey and consultation with key officials of the Hoa Binh PPMU and proposed schools during 28-29 November 2014 to verify information provided by the Hoa Binh PPMU.

III. THE PROPOSED FACILITIES

4. The four (4) USSs will construct 27 regular classrooms and 3 function rooms for the classes in physics, chemistry, and laboratory. The construction of regular classrooms will follow the standard dimension as provided for in Decision № 37/2008/QD-BGDDT (July 16, 2008) by MOET. The following dimension of each classroom is as follows: length = 7.8 m and width = 9.9 m. Comprising the width is 7.5 m working area and 2.4 m for the corridor. Each classroom shall have a total area of 56.77 m².

5. The function rooms shall have the following dimensions: length = 11.7 m and width = 9.6 m. The length shall be composed of 7.8 m for working area and 3.9 m for preparation room of teacher. The width is composed of 7.5 m for activity room and 2.1 m for the corridor. Overall, each function room shall have a total area of 83.92 m² in which 56.47 m² for activity room and 27.45 m² for preparation room of the teacher. 6. The distribution of the proposed facilities in four (4) schools is shown in Table 1.

Table 1: Proposed USSs Facilities in Hoa Binh Province Name of the School Classrooms Function Rooms Tan Lac Upper Secondary School 9 0 Quyet Thang Upper Secondary School 6 0 Cong Hoa Upper Secondary School 9 0 Da Bac Upper Secondary School 3 3 Total 27 3 Source: CPMU of USEDP II

IV. BRIEF PROFILE OF THE USSs

A. Tan Lac Secondary School

7. The school was established in 1976 in Man Duc of Tan Lac District. The school has 16,063 m² of land and only uses 962 m² for the school buildings. The school serves the Muong Khen sub-town and communes of: Man Duc, Tu Ne and Quy Hau. In school-year 2013-2014, a total of 650 students were enrolled, 327 are males and 323 are females. The students were composed of 232 from Grade 10, 207 in Grade 11 and 211 in Grade 12. The Muong group is being the majority (61.5%), and follows by the Kinh with 38.15% and the remaining EM group of Thai and Tay is of 0.3%.

8. For the last five (5) school-years, enrolment was 829 in the school year 2008-2009; and increased by 865 in the school year 2009-2010 and decreased gradually by 736 in the school year 2010-2011 and 683 in 2011-2012 and 674 in 2012-2013. Tan Lac USS has 52 personnel, 9 are non-teaching staff and 43 are teachers with 12 are males and 31 are females. In which 33 are Kinh and ten (10) are ethnic minorities. The teachers are all graduates of universities with three (3) had master degrees and two (2) are pursuing for their master courses.

B. Quyet Thang Upper Secondary School

9. The school was established in 2008 in Pho Oc village, Thuong Coc commune of Lac Son district, it serves seven (7) communes of Thuong Coc, Phuc Tuy, Phu Luong, chi Dao, Chi Thien, Van Son and Xuat Hoa. Its premises occupies a total of 21,281 m² of land. Of the total lands only 1,910 m2 are occupied by school buildings. During the school-year 2013- 2014, some 725 students were enrolled in the school, 362 are males and 363 are females. Enrolment comprised by 277 students from Grade 10, 232 in Grade 11 and 216 in Grade 12. The Muong presents majority of 95% and the Kinh presents only 5%.

10. During the last five (5) years the school enrolment varied between 595 students in 2008-2009 to 713 students in 2012-2013. Guiding the school are 40 teachers with 23 are Kinh and 17 are EMs. All of them are graduated of universities with one (1) teachers have master degrees and four others are following their master courses.

C. Cong Hoa Upper Secondary School

11. The school became operational in 1984 and was established in Tien Phong Village, Nhan Nghia Commune of Lac Son District. The school has 13,700 m² of land with only 1,245 m² are used for school buildings. During the school-year 2013-2014, a total of 754 students were enrolled, 345 are males and 409 are females. The students were composed of 281 from Grade 10, 243 in Grade 11 and 230 in Grade 12. The Muong EM student presents a big share of 96.7% and the Kinh shares only 3.3%.

12. The school enrolment during the past five (5) year in on averages 726 students. The school structures were not in good condition that prompting the school official to request for 09 class-rooms to serve for the school operation. The school has 50 personnel with 09 are non-teaching staff and 41 teachers, 20 are males and 21 are females. Of those teacher 20 are EMs. The teachers are all graduates of universities.

D. Da Bac Upper Secondary School

13. The school became operation in 1984 at Bo village, Da Bac sub-town of Da Bac district and occupies a total area of 10,872 m². It serves communes of: Tan Minh, Hien Luong, Hao Ly, Tu Ly, Toan Son, Cao Son, Tan Pheo, Tan Minh, Vay Nua. About 1,945 m² are used for school buildings. For the school-year 2013-2014, some 619 students were enrolled, 257 are males and 362 are females. The school’s population were comprised by 219 students from Grade 10, 215 in Grade 11 and 185 in Grade 12. The Kinh student presents 24.7% while the Muong presents 43.3%, Dao is 20.7%, Tay 11.3%.

14. During the last five (5) years the school enrolment was 668 in the school year 2008- 2009, 620 in 2009-2010, 605 in 2010-2011, 621 in 2011-2012 and 622 in 2012-2013. Employed by the school are 34 teachers and seven (07) are non-teaching staff. Of which 29 teachers are EMs and 05 are Kinh. All teachers have university education while two (2) had master degrees and two (2) other are following their course.

V. ASSESSMENT OF SOCIAL IMPACTS

15. There are no social impacts expected arising from land acquisition in two USS in Hoa Binh Province. The school premises are enclosed with concrete or wooden fences as protection from encroachers, and neither a house nor structure of private person was allowed by the school administration. Given the total land requirements of the proposed facilities, they were assessed as to their impacts on available lands in the respective school premises.

 Tan Lac Upper Secondary School. This school proposes for 09 class-rooms in a 03-storey building. The structure will be built in the land of 321 m2 within the existing school premise of 16,063 m2 land. No land acquisition is required and no third-party user will be affected.

 Quyet Thang Upper Secondary School. The proposed facilities for this school is 06 class-rooms in a 02-storey building. The structure will be built in the land of 303 m2 within the existing school compound of 21,281 m2. No land acquisition is required and no third-party user will be affected.

 Cong Hoa Secondary School. This school proposes for nine (9) function rooms in a 03-storey building. The structure will be built in the land of 435.7 m2 within the existing school compound of 13,700 m2. No land acquisition is required and no third-party user will be affected.

 Da Bac Upper Secondary School. This school proposes for three (3) classrooms and three (3) function room in a 03-storey building. The structure will be built in the land of 435.7 m2 within the existing school compound. No land acquisition is required and no third-party user will be affected.

16. With the foregoing information on the proposed subprojects in HOA BINH Province, request for “No Objection” for the award of civil works contracts is being sought by MOET from ADB. Appendix – 1 Involuntary Resettlement Impact Categorization Checklist Project: Second Upper Secondary Education Development Project (USEDP II) Subproject: Tan Lac Upper Secondary School Province: Hoa Binh District: Tan Lac (Man Duc Commune) CATEGORY: C Probable Involuntary Resettlement Effects Yes No Not Remarks Known Involuntary Acquisition of Land 1. Will there be land acquisition? Civil works and rehabilitation shall be undertaken in school  premises. 2. Is the site for land acquisition known? Land acquisition will only happen if there is an expansion of school  premises. But so far, there is no proposal for expansion.

3. Is the ownership status and current usage of land to be This is not applicable to the acquired known? project since there is no expansion of school premises. 4. Will easement be utilized within an existing Right of The school has already an Way (ROW)?  entrance and will not be touched by the construction of nine (9) classrooms in 03-storey buildings at the school premises. 5. Will there be loss of shelter and residential land use to Not a house or residential land land acquisition? shall be affected given the wide  space of school premises. 6. Will there be loss of agricultural and other productive All civil works shall be undertaken assets due to land acquisition? in school premises. 

7. Will there be loss of crops, trees, and fixed assets due Trees or crops of private persons to land acquisition? shall not be affected. While there  are some trees in school premises, it is unlikely that they shall be affected by the construction.

8. Will there be loss of business or enterprises due to Not a single business will be land acquisition?  affected as all civil works and rehabilitation shall be done inside the school premises.

9. Will there be loss of income sources and means of The Project will rather create livelihoods due to land acquisition?  livelihood or employment in the locality due to construction of school rooms. Involuntary Restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, All Civil works and rehabilitation communal facilities and services?  shall be undertaken in school premises.

No current use of land will be 11. If land use is changed, will it have an adverse impact changed and therefore there is on social and economic activities? no impact on the socio-economic activities of the people.

12. Will access to land and resources owned by the Restriction to land resources of communally or by the state be restricted?  the community or by the state is unlikely. Information on Displaced Persons Any estimate of the likely number of persons that will be displaced by the Project?  No  Yes  Not applicable If yes, approximately how many? Are any of the poor, female-headed households, or vulnerable to poverty risks?  No  Yes  Not applicable

Are any displaced persons from indigenous or ethnic minority groups?  No  Yes  Not applicable Indigenous Peoples Impact Screening Checklist Project: Second Upper Secondary Education Development Project (USEDP II) Subproject: Tan Lac Upper Secondary School Province: Hoa Binh District: Tan Lac (Man Duc Commune) CATEGORY: C KEY CONCERNS YES NO NOT Remarks (Please provide elaborations KNOWN on the Remarks column) A. Indigenous Peoples Identification

1. Are there socio-cultural group present in or use the The land is allocated solely for project areas who may be considered as “tribes” (hill the school. If there are ethnic tribes, schedules tribes, tribal peoples), “minorities” (ethnic  minorities, they are among or national minorities) or “indigenous communities” in the students of the school pursuing project area? their upper secondary education.

2. Are there national or local laws or policies as well as Some students are children of anthropological researches/studies that consider these ethnic minorities in Vietnam who groups present in or using the project area as belonging to  are recognized by the “ethnic minorities”, scheduled tribes, tribal peoples, Government. Their rights are national minorities, or cultural communities? embodied in the 2013 Constitution.

3. Do such groups self-identity as taking part of a distinct They belong to the 54 different social and cultural group?  ethnic minorities in the country.

4. Do such groups maintain collective attachments to The land being used by the  distinct habitats or ancestral territories and/or to the natural school is exclusively for resources in these habitats and territories? education purposes where the ethnic minorities has no collective attachments.

5. Do such groups maintain cultural, economic, social, Such groups maintain cultural,  and political institutions distinct from the dominant society economic, social, and political and culture? institutions distinct from the dominant society and culture.

6. Do such groups speak a distinct language or dialect? Ethnic minority students and  ethnic minority teachers speak dialects distinct from the mainstream society.

7. Has such groups been historically, socially and Such groups are socially and economically marginalized, disempowered, excluded,  economically marginalized due to and/or discriminated against? their geographic location.

8. Are such groups represented as “Indigenous Peoples” Outside of the school, such or as “ethnic minorities” or “scheduled tribes” or “tribal groups are represented as populations” in any formal decision-making bodies at the  “ethnic minorities” in formal national or local levels? decision-making bodies at the national or local levels.

B. Identification of Potential Impacts

9. Will the project directly or indirectly benefit or target The students from indigenous Indigenous Peoples?  communities will directly benefit from the Project in terms of improved quality of education.

10. Will the project directly or indirectly affect Indigenous The project shall only deliver Peoples’ traditional socio-cultural and belief practices? quality education but will not  (e.g. child-rearing, health, education, arts, and impose changes in sociocultural governance? practices of ethnic minorities.

11. Will the project affect the livelihood systems of The construction of classrooms Indigenous Peoples? (e.g. food production system, natural  will be done in school premises. resource management, crafts and trade, employment status)

12. Are there socio-cultural group present in or use the The sub-project area is inside the project areas who may be considered as “tribes” (hill  school premises. tribes, schedules tribes, tribal peoples), “minorities” (ethnic or national minorities) or “indigenous communities” in the project area?

KEY CONCERNS YES NO NOT Remarks (Please provide elaborations KNOWN on the Remarks column) C. Identification of Special Requirements Will the project activities include:

13. Commercial development of the cultural resources There is no commercial and knowledge of Indigenous Peoples?  development of cultural resources as the sub-project involves the construction of classrooms.

14. Physical displacements from traditional or customary Physical displacement from lands?  traditional or customary lands will not happen in the sub-project area.

15. Commercial development of natural resources (such The activities in the sub-project as minerals, hydrocarbons, forest, water, hunting or fishing area will involve the construction ground) within customary lands under use that would of nine (9) classrooms in 03- impact the livelihoods or the cultural ceremonial, spiritual storey buildings at the school uses that define the identity and community of Indigenous  premises. Peoples?

16. Establishing legal recognition of rights to lands and The sub-project will only involve territories that are traditionally owned or customarily used,  the construction of classrooms. occupied or claimed by indigenous peoples?

17. Acquisition of lands that are traditionally owned or There is no acquisition of lands. customarily used, occupied or claimed by indigenous  peoples?

D. Anticipated Project Impacts on Indigenous Peoples

Project component/ Anticipated positive effects Anticipated negative effects activity/output

1. Construction of nine (9) class-room in The provisions of new classrooms will a 03-storey building. The total land for the accommodate the increasing number of None building is 320 m2 within the school upper secondary education students. It premise. It will follow the standard will also facilitate in providing quality upper dimension as provided for in Decision secondary education to them. 37/2008/QD-BGDDT (July 16, 2008).

Appendix – 2 Involuntary Resettlement Impact Categorization Checklist Project: Second Upper Secondary Education Development Project (USEDP II) Subproject: Quyet Thang Upper Secondary School Province: Hoa Binh District: Lac Son (Thuong Coc Commune) CATEGORY: C Probable Involuntary Resettlement Effects Yes No Not Remarks Known Involuntary Acquisition of Land 1. Will there be land acquisition? Civil works and rehabilitation shall be undertaken in school  premises. 2. Is the site for land acquisition known? Land acquisition will only happen if there is an expansion of school  premises. But so far, there is no proposal for expansion.

3. Is the ownership status and current usage of land to be This is not applicable to the acquired known? project since there is no expansion of school premises. 4. Will easement be utilized within an existing Right of The school has already an Way (ROW)?  entrance and will not be touched by the construction of six (6) classrooms in a 02-storey building at the school premises. 5. Will there be loss of shelter and residential land use to Not a house or residential land land acquisition? shall be affected given the wide  space of school premises. 6. Will there be loss of agricultural and other productive All civil works shall be undertaken assets due to land acquisition? in school premises. 

7. Will there be loss of crops, trees, and fixed assets due Trees or crops of private persons to land acquisition? shall not be affected. While there  are some trees in school premises, it is unlikely that they shall be affected by the construction.

8. Will there be loss of business or enterprises due to Not a single business will be land acquisition?  affected as all civil works and rehabilitation shall be done inside the school premises.

9. Will there be loss of income sources and means of The Project will rather create livelihoods due to land acquisition?  livelihood or employment in the locality due to construction of school rooms. Involuntary Restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, All Civil works and rehabilitation communal facilities and services?  shall be undertaken in school premises.

No current use of land will be 11. If land use is changed, will it have an adverse impact changed and therefore there is on social and economic activities? no impact on the socio-economic activities of the people.

12. Will access to land and resources owned by the Restriction to land resources of communally or by the state be restricted?  the community or by the state is unlikely. Information on Displaced Persons Any estimate of the likely number of persons that will be displaced by the Project?  No  Yes  Not applicable If yes, approximately how many? Are any of the poor, female-headed households, or vulnerable to poverty risks?  No  Yes  Not applicable

Are any displaced persons from indigenous or ethnic minority groups?  No  Yes  Not applicable Indigenous Peoples Impact Screening Checklist Project: Second Upper Secondary Education Development Project (USEDP II) Subproject: Quyet Thang Upper Secondary School Province: Hoa Binh District: Lac Son (Thuong Doc Commune) CATEGORY: C KEY CONCERNS YES NO NOT Remarks (Please provide elaborations KNOWN on the Remarks column) A. Indigenous Peoples Identification

1. Are there socio-cultural group present in or use the The land is allocated solely for project areas who may be considered as “tribes” (hill the school. If there are ethnic tribes, schedules tribes, tribal peoples), “minorities” (ethnic  minorities, they are among or national minorities) or “indigenous communities” in the students of the school pursuing project area? their upper secondary education.

2. Are there national or local laws or policies as well as Some students are children of anthropological researches/studies that consider these ethnic minorities in Vietnam who groups present in or using the project area as belonging to  are recognized by the “ethnic minorities”, scheduled tribes, tribal peoples, Government. Their rights are national minorities, or cultural communities? embodied in the 2013 Constitution.

3. Do such groups self-identity as taking part of a distinct They belong to the 54 different social and cultural group?  ethnic minorities in the country.

4. Do such groups maintain collective attachments to The land being used by the  distinct habitats or ancestral territories and/or to the natural school is exclusively for resources in these habitats and territories? education purposes where the ethnic minorities has no collective attachments.

5. Do such groups maintain cultural, economic, social, Such groups maintain cultural,  and political institutions distinct from the dominant society economic, social, and political and culture? institutions distinct from the dominant society and culture.

6. Do such groups speak a distinct language or dialect? Ethnic minority students and  ethnic minority teachers speak dialects distinct from the mainstream society.

7. Has such groups been historically, socially and Such groups are socially and economically marginalized, disempowered, excluded,  economically marginalized due to and/or discriminated against? their geographic location.

8. Are such groups represented as “Indigenous Peoples” Outside of the school, such or as “ethnic minorities” or “scheduled tribes” or “tribal groups are represented as populations” in any formal decision-making bodies at the  “ethnic minorities” in formal national or local levels? decision-making bodies at the national or local levels.

B. Identification of Potential Impacts

9. Will the project directly or indirectly benefit or target The students from indigenous Indigenous Peoples?  communities will directly benefit from the Project in terms of improved quality of education.

10. Will the project directly or indirectly affect Indigenous The project shall only deliver Peoples’ traditional socio-cultural and belief practices? quality education but will not  (e.g. child-rearing, health, education, arts, and impose changes in sociocultural governance? practices of ethnic minorities.

11. Will the project affect the livelihood systems of The construction of classrooms Indigenous Peoples? (e.g. food production system, natural  will be done in school premises. resource management, crafts and trade, employment status)

12. Are there socio-cultural group present in or use the The sub-project area is inside the project areas who may be considered as “tribes” (hill  school premises. tribes, schedules tribes, tribal peoples), “minorities” (ethnic or national minorities) or “indigenous communities” in the project area?

KEY CONCERNS YES NO NOT Remarks (Please provide elaborations KNOWN on the Remarks column) C. Identification of Special Requirements Will the project activities include:

13. Commercial development of the cultural resources There is no commercial and knowledge of Indigenous Peoples?  development of cultural resources as the sub-project involves the construction of classrooms.

14. Physical displacements from traditional or customary Physical displacement from lands?  traditional or customary lands will not happen in the sub-project area.

15. Commercial development of natural resources (such The activities in the sub-project as minerals, hydrocarbons, forest, water, hunting or fishing area will involve the construction ground) within customary lands under use that would of a 02-storey building which impact the livelihoods or the cultural ceremonial, spiritual consist of a six (6) classrooms, uses that define the identity and community of Indigenous  step at the school premises. Peoples?

16. Establishing legal recognition of rights to lands and The sub-project will only involve territories that are traditionally owned or customarily used,  the construction of classrooms. occupied or claimed by indigenous peoples?

17. Acquisition of lands that are traditionally owned or There is no acquisition of lands. customarily used, occupied or claimed by indigenous  peoples?

D. Anticipated Project Impacts on Indigenous Peoples

Project component/ Anticipated positive effects Anticipated negative effects activity/output

1. Construction of six (6) classrooms in a The provisions of new classrooms will 02-storey building at the school premises. accommodate the increasing number of None The land for the construction is 303 m2. It upper secondary education students. It will follow the standard dimension as will also facilitate in providing quality upper provided for in Decision 37/2008/QD- secondary education to them. BGDDT (July 16, 2008).

Appendix – 3 Involuntary Resettlement Impact Categorization Checklist Project: Second Upper Secondary Education Development Project (USEDP II) Subproject: Cong Hoa Upper Secondary School Province: Hoa Binh District: Lac Son (Nhan Nghia Commune) CATEGORY: C Probable Involuntary Resettlement Effects Yes No Not Remarks Known Involuntary Acquisition of Land 1. Will there be land acquisition? Civil works and rehabilitation shall be undertaken in school  premises. 2. Is the site for land acquisition known? Land acquisition will only happen if there is an expansion of school  premises. But so far, there is no proposal for expansion.

3. Is the ownership status and current usage of land to be This is not applicable to the acquired known? project since there is no expansion of school premises. 4. Will easement be utilized within an existing Right of The school has already an Way (ROW)?  entrance and will not be touched by the construction of nine (9) classrooms in 03-storey buildings at the school premises. 5. Will there be loss of shelter and residential land use to Not a house or residential land land acquisition? shall be affected given the wide  space of school premises. 6. Will there be loss of agricultural and other productive All civil works shall be undertaken assets due to land acquisition? in school premises. 

7. Will there be loss of crops, trees, and fixed assets due Trees or crops of private persons to land acquisition? shall not be affected. While there  are some trees in school premises, it is unlikely that they shall be affected by the construction.

8. Will there be loss of business or enterprises due to Not a single business will be land acquisition?  affected as all civil works and rehabilitation shall be done inside the school premises.

9. Will there be loss of income sources and means of The Project will rather create livelihoods due to land acquisition?  livelihood or employment in the locality due to construction of school rooms. Involuntary Restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, All Civil works and rehabilitation communal facilities and services?  shall be undertaken in school premises.

No current use of land will be 11. If land use is changed, will it have an adverse impact changed and therefore there is on social and economic activities? no impact on the socio-economic activities of the people.

12. Will access to land and resources owned by the Restriction to land resources of communally or by the state be restricted?  the community or by the state is unlikely. Information on Displaced Persons Any estimate of the likely number of persons that will be displaced by the Project?  No  Yes  Not applicable If yes, approximately how many? Are any of the poor, female-headed households, or vulnerable to poverty risks?  No  Yes  Not applicable

Are any displaced persons from indigenous or ethnic minority groups?  No  Yes  Not applicable Indigenous Peoples Impact Screening Checklist Project: Second Upper Secondary Education Development Project (USEDP II) Subproject: Cong Hoa Upper Secondary School Province: Hoa Binh District: Lac Son (Nhan Nghia Commune) CATEGORY: C KEY CONCERNS YES NO NOT Remarks (Please provide elaborations KNOWN on the Remarks column) A. Indigenous Peoples Identification

1. Are there socio-cultural group present in or use the The land is allocated solely for project areas who may be considered as “tribes” (hill the school. If there are ethnic tribes, schedules tribes, tribal peoples), “minorities” (ethnic  minorities, they are among or national minorities) or “indigenous communities” in the students of the school pursuing project area? their upper secondary education.

2. Are there national or local laws or policies as well as Some students are children of anthropological researches/studies that consider these ethnic minorities in Vietnam who groups present in or using the project area as belonging to  are recognized by the “ethnic minorities”, scheduled tribes, tribal peoples, Government. Their rights are national minorities, or cultural communities? embodied in the 2013 Constitution.

3. Do such groups self-identity as taking part of a distinct They belong to the 54 different social and cultural group?  ethnic minorities in the country.

4. Do such groups maintain collective attachments to The land being used by the  distinct habitats or ancestral territories and/or to the natural school is exclusively for resources in these habitats and territories? education purposes where the ethnic minorities has no collective attachments.

5. Do such groups maintain cultural, economic, social, Such groups maintain cultural,  and political institutions distinct from the dominant society economic, social, and political and culture? institutions distinct from the dominant society and culture.

6. Do such groups speak a distinct language or dialect? Ethnic minority students and  ethnic minority teachers speak dialects distinct from the mainstream society.

7. Has such groups been historically, socially and Such groups are socially and economically marginalized, disempowered, excluded,  economically marginalized due to and/or discriminated against? their geographic location.

8. Are such groups represented as “Indigenous Peoples” Outside of the school, such or as “ethnic minorities” or “scheduled tribes” or “tribal groups are represented as populations” in any formal decision-making bodies at the  “ethnic minorities” in formal national or local levels? decision-making bodies at the national or local levels.

B. Identification of Potential Impacts

9. Will the project directly or indirectly benefit or target The students from indigenous Indigenous Peoples?  communities will directly benefit from the Project in terms of improved quality of education.

10. Will the project directly or indirectly affect Indigenous The project shall only deliver Peoples’ traditional socio-cultural and belief practices? quality education but will not  (e.g. child-rearing, health, education, arts, and impose changes in sociocultural governance? practices of ethnic minorities.

11. Will the project affect the livelihood systems of The construction of classrooms Indigenous Peoples? (e.g. food production system, natural  will be done in school premises. resource management, crafts and trade, employment status)

12. Are there socio-cultural group present in or use the The sub-project area is inside the project areas who may be considered as “tribes” (hill  school premises. tribes, schedules tribes, tribal peoples), “minorities” (ethnic or national minorities) or “indigenous communities” in the project area?

KEY CONCERNS YES NO NOT Remarks (Please provide elaborations KNOWN on the Remarks column) C. Identification of Special Requirements Will the project activities include:

13. Commercial development of the cultural resources There is no commercial and knowledge of Indigenous Peoples?  development of cultural resources as the sub-project involves the construction of classrooms.

14. Physical displacements from traditional or customary Physical displacement from lands?  traditional or customary lands will not happen in the sub-project area.

15. Commercial development of natural resources (such The activities in the sub-project as minerals, hydrocarbons, forest, water, hunting or fishing area will involve the construction ground) within customary lands under use that would of nine (9) classrooms in 03- impact the livelihoods or the cultural ceremonial, spiritual storey buildings at the school uses that define the identity and community of Indigenous  premises. Peoples?

16. Establishing legal recognition of rights to lands and The sub-project will only involve territories that are traditionally owned or customarily used,  the construction of classrooms. occupied or claimed by indigenous peoples?

17. Acquisition of lands that are traditionally owned or There is no acquisition of lands. customarily used, occupied or claimed by indigenous  peoples?

D. Anticipated Project Impacts on Indigenous Peoples

Project component/ Anticipated positive effects Anticipated negative effects activity/output

1. Construction of nine (9) classrooms in The provisions of new classrooms will a 03-storey building at the school accommodate the increasing number of None premises. The total land for the building is upper secondary education students. It 435.7 m2. It will follow the standard will also facilitate in providing quality upper dimension as provided for in Decision secondary education to them. 37/2008/QD-BGDDT (July 16, 2008).

Appendix – 4 Involuntary Resettlement Impact Categorization Checklist Project: Second Upper Secondary Education Development Project (USEDP II) Subproject: Da Bac Upper Secondary School Province: Hoa Binh District: Da Bac (Da Bac Sub-town) CATEGORY: C Probable Involuntary Resettlement Effects Yes No Not Remarks Known Involuntary Acquisition of Land 1. Will there be land acquisition? Civil works and rehabilitation shall  be undertaken in school premises. 2. Is the site for land acquisition known? Land acquisition will only happen  if there is an expansion of school premises. But so far, there is no proposal for expansion. 3. Is the ownership status and current usage of land to be This is not applicable to the acquired known? project since there is no expansion of school premises. 4. Will easement be utilized within an existing Right of The school has already an Way (ROW)?  entrance and will not be touched by the construction of three (3) classrooms, three (3) function rooms and steps, toilet and yard at the school premises. 5. Will there be loss of shelter and residential land use to Not a house or residential land land acquisition?  shall be affected given the wide space of school premises. 6. Will there be loss of agricultural and other productive All civil works shall be undertaken assets due to land acquisition?  in school premises. 7. Will there be loss of crops, trees, and fixed assets due Trees or crops of private persons to land acquisition?  shall not be affected. While there are some trees in school premises, it is unlikely that they shall be affected by the construction. 8. Will there be loss of business or enterprises due to Not a single business will be land acquisition?  affected as all civil works and rehabilitation shall be done inside the school premises. 9. Will there be loss of income sources and means of The Project will rather create livelihoods due to land acquisition?  livelihood or employment in the locality due to construction of school rooms. Involuntary Restrictions on land use or on access to legally designated parks and protected areas 10. Will people lose access to natural resources, All Civil works and rehabilitation communal facilities and services?  shall be undertaken in school premises. 11. If land use is changed, will it have an adverse impact No current use of land will be on social and economic activities? changed and therefore there is no impact on the socio-economic activities of the people. 12. Will access to land and resources owned by the Restriction to land resources of communally or by the state be restricted?  the community or by the state is unlikely. Information on Displaced Persons

Any estimate of the likely number of persons that will be displaced by the Project?  No  Yes  Not applicable If yes, approximately how many? Are any of the poor, female-headed households, or vulnerable to poverty risks?  No  Yes  Not applicable

Are any displaced persons from indigenous or ethnic minority groups?  No  Yes  Not applicable Indigenous Peoples Impact Screening Checklist Project: Second Upper Secondary Education Development Project (USEDP II) Subproject: Da Bac Upper Secondary School Province: Hoa Binh District: Da Bac (Da Bac Sub-town) CATEGORY: C KEY CONCERNS YES NO NOT Remarks (Please provide elaborations KNOWN on the Remarks column) A. Indigenous Peoples Identification

1. Are there socio-cultural group present in or use the The land is allocated solely for project areas who may be considered as “tribes” (hill the school. If there are ethnic tribes, schedules tribes, tribal peoples), “minorities” (ethnic  minorities, they are among or national minorities) or “indigenous communities” in the students of the school pursuing project area? their upper secondary education.

2. Are there national or local laws or policies as well as Some students are children of anthropological researches/studies that consider these ethnic minorities in Vietnam who groups present in or using the project area as belonging to  are recognized by the “ethnic minorities”, scheduled tribes, tribal peoples, Government. Their rights are national minorities, or cultural communities? embodied in the 2013 Constitution.

3. Do such groups self-identity as taking part of a distinct They belong to the 54 different social and cultural group?  ethnic minorities in the country.

4. Do such groups maintain collective attachments to The land being used by the  distinct habitats or ancestral territories and/or to the natural school is exclusively for resources in these habitats and territories? education purposes where the ethnic minorities has no collective attachments.

5. Do such groups maintain cultural, economic, social, Such groups maintain cultural,  and political institutions distinct from the dominant society economic, social, and political and culture? institutions distinct from the dominant society and culture.

6. Do such groups speak a distinct language or dialect? Ethnic minority students and  ethnic minority teachers speak dialects distinct from the mainstream society.

7. Has such groups been historically, socially and Such groups are socially and economically marginalized, disempowered, excluded,  economically marginalized due to and/or discriminated against? their geographic location.

8. Are such groups represented as “Indigenous Peoples” Outside of the school, such or as “ethnic minorities” or “scheduled tribes” or “tribal groups are represented as populations” in any formal decision-making bodies at the  “ethnic minorities” in formal national or local levels? decision-making bodies at the national or local levels.

B. Identification of Potential Impacts

9. Will the project directly or indirectly benefit or target The students from indigenous Indigenous Peoples?  communities will directly benefit from the Project in terms of improved quality of education.

10. Will the project directly or indirectly affect Indigenous The project shall only deliver Peoples’ traditional socio-cultural and belief practices? quality education but will not  (e.g. child-rearing, health, education, arts, and impose changes in sociocultural governance? practices of ethnic minorities.

11. Will the project affect the livelihood systems of The construction of classrooms Indigenous Peoples? (e.g. food production system, natural  and function room will be done in resource management, crafts and trade, employment school premises. status)

12. Are there socio-cultural group present in or use the The sub-project area is inside the project areas who may be considered as “tribes” (hill  school premises. tribes, schedules tribes, tribal peoples), “minorities” (ethnic or national minorities) or “indigenous communities” in the project area?

KEY CONCERNS YES NO NOT Remarks (Please provide elaborations KNOWN on the Remarks column) C. Identification of Special Requirements Will the project activities include:

13. Commercial development of the cultural resources There is no commercial and knowledge of Indigenous Peoples?  development of cultural resources as the sub-project involves the construction of classrooms.

14. Physical displacements from traditional or customary Physical displacement from lands?  traditional or customary lands will not happen in the sub-project area.

15. Commercial development of natural resources (such The activities in the sub-project as minerals, hydrocarbons, forest, water, hunting or fishing area will involve the construction ground) within customary lands under use that would of three (3) classrooms, three (3) impact the livelihoods or the cultural ceremonial, spiritual function rooms, step, toilet, yard uses that define the identity and community of Indigenous  at the school premises. Peoples?

16. Establishing legal recognition of rights to lands and The sub-project will only involve territories that are traditionally owned or customarily used,  the construction of classrooms. occupied or claimed by indigenous peoples?

17. Acquisition of lands that are traditionally owned or There is no acquisition of lands. customarily used, occupied or claimed by indigenous  peoples?

D. Anticipated Project Impacts on Indigenous Peoples

Project component/ Anticipated positive effects Anticipated negative effects activity/output

1. Construction of three (3) classrooms, The provisions of new classrooms will three (3) function room in a 3-storey accommodate the increasing number of None building within the school premises. The upper secondary education students. It total land for the building is 303 m2. It will will also facilitate in providing quality upper follow the standard dimension as provided secondary education to them. for in Decision 37/2008/QD-BGDDT (July The function rooms shall be instrumental 16, 2008). for students to gain more knowledge in improved lessons in science. The function rooms shall be used in physics or laboratory rooms.