Gia Lai Subproject Component: Upgrading the Provincial Road 665, Section from Ia Bang Commune to Ia Mor Commune in Chu Prong District, Gia Lai Province

Updated Resettlement and Ethnic Minorities Development Plan

Document stage: Updated Project Number: Loan 3499-COL August 2020

VIE: Support to Border Areas Development Project – Gia Lai subproject Component: Upgrading the Provincial Road 665, section from Ia Bang commune to Ia Mor commune in Chu Prong district, Gia Lai province

Prepared by Planning and Investment Department of Gia Lai for Asian Development Bank

CURRENCY EQUIVALENTS

Currency unit: Vietnam Dong (VND) and US dollar ($) Exchange rate on August 2020: $1 = 23,200 VND

WEIGHTS AND MEASURES m (Meter) - the base unit of length m2 (Square meter) - A system of units used to measure areas m3 (Volume) - A system of units used to measure the spaces, that an object or substance occupies. kg (Kilogram) - A decimal unit of weight based on the gram

ABBREVIATIONS

ADB Asian Development Bank AH Affected Household AP Affected Person CARB Compensation, Assistance and Resettlement Board CPC Commune Peoples, Committee CSB Commune supervision board DMS Detailed Measurement Survey DOF Department of Finance DPC District Peoples, Committee DPI Department of Planning and Investment DTA Development Triangle Areas EA Executing Agency EM Ethnic Minority FS Feasibility Study GOV Government of Vietnam HH Household IA Implementing agency LIC Loan Implementation Consultants LURC Land Use Rights Certificate MOF Ministry of Finance MPI Ministry of Planning and Investment PIB Project Information Booklet PISC Project implementation support consultant PPC Provincial People Committee PMU Provincial Project Management Unit RCS Replacement Cost Study REMDP Resettlement and Ethnic Minorities Development Plan SIA Social Impact Assessment SBADP Support to border area development project TTF Trade and Transport Facilitation VDTA Vietnam development triangle area VND Vietnamese dong

GLOSSARY

Affected person - Means any person, household, firm or private institution who, on account of (AP)/Affected changes resulting from the Project, or any of its phases or subprojects, will household (AH) have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement. In the case of affected household, it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. Compensation - Means payment in cash or in kind to replace losses of land, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs. Cut-off date - Means the date of land acquisition announcement made by local authorities. The APs will be informed of the cut-off date for each subproject component, and any people or assets that settle in the subproject area after the cut-off date will not be entitled to compensation and assistance under the subproject. Ethnic minority - People with a group status having a social or cultural identity distinct from that of the dominant or mainstream society. Entitlement - Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base. Host community - Means communities receiving physically displaced persons of a project as resettlers. Income restoration - Re-establishing productive livelihood of the displaced persons to enable income generation equal to or, if possible, better than that earned by the displaced persons before the resettlement.. Inventory of Losses - This is the process where all fixed assets (i.e., lands used for residence, (IOL) commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project area are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of APs will be determined. Land acquisition - Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land

it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. Rehabilitation - This refers to additional support provided to APs losing productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life. Relocation - This is the physical relocation of an AP from her/his pre-project place of residence and/or business. Resettlement and - A plan for resettlement of affected population including ethnic minority Ethnic Minorities population, combining the resettlement plan with specific ethnic minority Development concerns and cultural sensitivity for the specific needs of the ethnic minority Plan (REMDP) groups. Replacement cost - The amount needed to replace an affected asset net of transaction costs such as administrative charges, taxes, registration and titling costs. Replacement Cost - This refers to the process involved in determining replacement costs of Study affected assets based on empirical data. Resettlement - All direct economic and social losses resulting from involuntary land acquisition and/or involuntary restrictions on land use or on access to legally designated parks and protected areas, together with the consequent compensatory and remedial measures.. Natural Habitat - Land and water areas where the biological communities are formed largely by native plant and animal species, and where human activity has not essentially modified the area’s primary ecological functions Resettlement Plan - This is a time-bound action plan with budget setting out (RP) compensation and resettlement strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation. Severely affected - This refers to affected households who will (i) lose 10% or more of their total households productive land and/or assets generating income, and/or (ii) have to relocate. Stakeholders - Individuals, groups, or institutions that have an interest or stake in the outcome of a project. The term also applies to those potentially affected by a project. Stakeholders include land users, country, regional and local governments, implementing agencies, project executing agencies, groups contracted to conduct project activities at various stages of the project, and other groups in the civil society which may have an interest in the project.

Vulnerable groups - These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) single-female headed households with dependents, (ii) disabled household heads, (iii) households falling under the national poverty standard, (iv) children and the elderly households who are landless and with no other means of support; (v) ethnic minority households who are severely affected by project.

Note The updated resettlement and ethnic minority development plan 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.

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TABLE OF CONTENTS

CURRENCY EQUIVALENTS ...... i ABBREVIATIONS ...... i GLOSSARY ...... i EXECUTIVE SUMMARY ...... 3 I. SUBPROJECT DESCRIPTION ...... 5 A. Background ...... 5 B. Civil works to be undertaken ...... 7 C. Mitigation measures ...... 7 D. Objective of updated Resettlement and Ethnic Minority Development Plan ...... 8 II. PROJECT IMPACTS ...... 8 A. Survey process ...... 8 B. Permanent impacts...... 9 C. Temporary impact...... 11 D. Tenure status of AHs ...... 12 E. Vulnerable households and Ethnic Minority households...... 12 III. GENERAL SOCIOECONOMIC PROFILE ...... 12 A. Socioeconomic condition in the subproject area ...... 12 B. Affected Household Profile ...... 17 C. Ethnic Minorities in the Project Area ...... 20 IV. DISCLOSURE, PUBLIC CONSULTATION AND PARTICIPATION ...... 22 A. Information Disclosure ...... 22 B. Public Consultation and Participation ...... 22 V. GRIEVANCE REDRESS MECHANISM ...... 25 VI. LEGAL AND POLICY FRAMEWORK ...... 25 A. ADB Policies ...... 26 B. National Laws on Involuntary Resettlement and Ethnic Minorities (EMs)...... 26 C. Reconciliation of Government and ADB Policies on Resettlement and ethnic minority...... 28 D. Subproject policies ...... 31 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS ...... 32 A. Eligibilities ...... 32 B. Compensation and Assistance ...... 32 C. Entitlement Matrix ...... 33 VIII. ETHNIC MINORITY ACTION PLAN ...... 36 A. Social Impact Assessment ...... 36

B. Measures taken to minimize the negative impacts ...... 36 C. Ethnic minority development plan ...... 37 IX. RESETTLEMENT BUDGET AND FINANCING PLAN ...... 42 X. INSTITUTIONAL ARRANGEMENT ...... 43 A. Province Level ...... 43 B. District Level ...... 44 C. Commune Level ...... 45 XI. IMPLEMENTATION SCHEDULE ...... 46 XII. MONITORING AND EVALUATION ...... 46 A. Community Monitoring ...... 46 B. Internal Monitoring ...... 46 ANNEX 1: PROJECT INFORMATION BOOKLET ...... 48 ANNEX 2: MINUTES OF PUBLIC CONSULTATION AND LIST OF ATTENDEES ...... 50 APPENDIX 2: PICTURE OF CONSULTATION ...... Error! Bookmark not defined.

LIST OF TABLES

Table 1: Technical design of road ...... 7 Table 2: Impacts on households, enterprises and organizations ...... 9 Table 3: Impacts on land of households ...... 9 Table 4: Impacts on land of organization/unit ...... 10 Table 5: Impact on structure ...... 10 Table 6: Impacts on trees ...... 10 Table 8: Population of district and communes in the subproject area ...... 13 Table 9: Land use status in the subproject area in 2019 ...... 14 Table 10: The number of poor households in the communes...... 17 Table 11: Demographic characteristics of affected households ...... 17 Table 12: Age of household heads...... 18 Table 13: Education background of household heads ...... 18 Table 14: Main occupation of head of affected households ...... 18 Table 15: Income and expenditure ...... 19 Table 16: Ownership of assets of affected households ...... 19 Table 18: Summary of participant consultation meetings ...... 23 Table 19: Reconciliation of Government and ADB Policies on Involuntary Resettlement and ethnic minority...... 29 Table 20: Entitlement matrix ...... 34 Table 21: The activities and cost in the EMDP ...... 38 Table 22: Replacement costs for land, structures, crops and trees ...... 42 Table 23: Compensation budget ...... 43

EXECUTIVE SUMMARY

1. Introduction: The Support to Border Areas Development Project (SBADP) funded by the Asian Development Bank (ADB) covers five provinces, including Dak Lak, Dak Nong, Gia Lai, Kon Tum and Binh Phuoc. The component “Upgrading the Provincial Road 665, Section Ia Bang - Ia Mor in Chu Prong District, Gia Lai Province” (the subproject) is one of 5 road component of SBADP. This road section goes thru six communes of Chu Prong district namely Ia Bang, Ia Tor, Ia Me, Ia Pia, Ia Ga and Ia Mor with total length of 65,87km. The objective of the subproject is to improve the existing road to connect NH14 to the border with Cambodia. The road after improvement will contribute to social and economic development of the southern west region of Gia Lai province and enhance the connectivity of road network in Chu Prong district. 2. Scope of Impacts: The subproject will affect permanently a total of 12 households with 67 people and affect temporarily 76 households. Among 12 permanently Ahs, none is severely affected by losing more than 10% of productive land or have to relocate; 8 affected households are ethnic minorities (J’Rai and Tay groups); No households are in the vulnerable group. 02 affected agencies/organizations are Chu Prong Rubber Limited company and Provincial Military Board. 3. The subproject has permanent impact on 6,037.3 m2 of some kinds of land, including 2,185.3 m2 land of 9 households (243.1m2 of annual cropland and 1,942.2m2 of perennial cropland) and 3,852 m2 perennial cropland of State, this land area is rent by 2 organizations (Chu Prong Rubber Limited company and Provincial Military Board)1. The subproject affects 547.8 m2 of fences, 9 m2 of roof and 5 m2 of cow shed of 6 households. In addition, the subproject acquires 209 rubber trees of Chu Prong Rubber Limited company and Provincial Military Board; 138 cashew trees, 2 tamarind trees, 2 bamboo clusters of bamboo, 3 clusters of banana bushes, 1 jackfruit and 1 pepper tree of 7 households. 4. In term of temporary impacts, the subproject has impacts on 1,402.09 m2 of concrete yard/entrance, 227 culvert Ø300, 500 and some signs of 76 households. After the subproject implementation, all these structures will be restored for AHs. 5. Legal and policy framework: The updated Resettlement and Ethnic Minorities Development Framework of the project have been prepared based on policies and laws of Vietnam Government, policies and regulations of Gia Lai Province and regulations and principles of ADB (SPS 2009) on Involuntary Resettlement (IR) and Indigenous People (IP). The overall objective of these policies is to ensure that all people, including ethnic minority people affected by the subproject are able to (i) improve or at least restore their living standards to at least pre-Project levels and ethnic people, (ii) receive culturally appropriate social and economic benefits, (iii) do not suffer adverse impacts as a result of project, and (iv) can participate actively in projects that affect them. 6. Grievance Redress Mechanism (GRM): In order to ensure that all APs’ grievances and complaints on any aspect of land acquisition, compensation and resettlement are addressed in a timely and satisfactory manner, and that all possible avenues are available to APs to air their grievances, a well-defined grievance redress mechanism is established in this REMDP. All APs can send any questions to implementation agencies about their rights in relation with entitlement of compensation, compensation policy, rates, land acquisition, resettlement, allowance and income restoration. Furthermore, APs will not be ordered to pay any fee during the grievance and complaints at any level of trial and court. Complaints will pass through 3 stages before they could be elevated to a court of law as a last resort. EA and IAs are responsible for resolving timely and successfully all complaints of APs. 7. Disclosure, public consultation and participation: Consultations, public meetings, and village discussions with APs and local officials were carried out during update of REMDP. The PMU has conducted 07 group discussions, consultations with local authorities and households with a total of 83 people, including

1 It is in the decision No 121/QD-UBND dated 16/10/2014 3

42 women (50.60%) and 35 ethnic minority people (accounting for 42.17%). Meaningful consultations with EM people have also been conducted during updating of REMDP. Project policies and alternatives of land compensation and resettlement, EM’s development plan and income restoration have been discussed during the meetings. Concerns and suggestions raised by the affected persons were elicited and incorporated into the uREMDP. The grievance mechanism is designed and disclosed to people to ensure that APs’ concerns and grievances are addressed and resolved in a timely, culturally appropriate and satisfactory manner. APs will be made fully aware of their rights verbally and in writing during consultation, survey, and at the time of compensation. 8. Issues on gender and EMs: A majority of people living in the subproject area are EMs with approximately 56.77% of the total population in the subproject communes. They are J’Rai, Thai, Muong, Tay, Nung, Dao...Positive and negative impacts of the subproject have been identified such as land acquisition but insignificant impact with mitigating measures defined for the negative impacts. There are still gender issues in the subproject area such as low status of women in their respective families and communities and their limited participation in decision-making processes. Rate of illiterate women is higher than that of men. A gender action plan is prepared for this subproject to address concerns of women in order to improve their social status in the subproject area. 9. Institutional Arrangements: Gia Lai Provincial People’s Committee as the Executing Agency will allocate provincial budget and direct its departments and district authorities to implement land acquisition as scheduled. Provincial Department of Planning and Investment (DPI) as the project owner will manage project loan allocated to Gia Lai province, be responsible for overall management and coordination of project implementation. Provincial Project Management Unit (PPMU) is established under DPI as Implementing Agency to manage and implement subproject and ensure that compensation and assistance are administered according to the provisions of this uREMDP. The Chu Prong Compensation, Assistance and Resettlement Board (DCARB) is assigned to implement compensation work. 10. Implementation schedule: The uREMDP is prepared after having (i) DMS results (4/2020); (ii) replacement cost survey (6/2020); (iii) consultation with local authorities and Ahs from 12/2019 to 6/2020; and (iv) draft compensation plans (06/2020). 11. Monitoring and evaluation: The subproject is category B in Involuntary Resettlement (IR) and Indigenous Peoples (IP) and insensitive subproject, so it is not required external monitoring experts. During resettlement implementation, Gia Lai PPMU will conduct internal monitoring and evaluation to ensure the implementation of the uREMDP in compliance with ADB safeguard policy (SPS 2009). 12. Total resettlement cost: The total cost for compensation including administration cost, is estimated to be VND 218,728,361 VND equivalent 9,427 USD. This cost will come from the Gia Lai Province’s budget.

I. SUBPROJECT DESCRIPTION A. Background 13. Asian Development Bank (ADB) has fund the Support to Border Areas Development Project (SBADP) to support the objectives of the Cambodia-Laos-Vietnam Development Triangle Area (CLV DTA) in Vietnam by improving critical transport infrastructure to increase the connectivity to areas of high economic productive potential with domestic and international market. The project comprises 3 main components: i) Road infrastructure in five VDTA provinces rehabilitated; (ii) VDTA plans and facilities for transport and trade facilitation (TTF) with a focus on inclusive growth developed; and (iii) Institutional Capacity for VDTA Investment Planning, Project Design and Implementation, and Resource Management strengthened. The project will be implemented in five provinces Dak Lak, Dak Nong, Gia Lai, Kon Tum and Binh Phuoc. 14. Gia Lai, one of five provinces in SBADP, has 90km border with Cambodia and has good potential for agricultural development in the production of high value crops such as coffee, pepper, rubber, and cashew. In addition, Gia Lai has Le Thanh international border gate with Cambodia, which is important for international trade between Vietnam and. Improved connections to seaports in Viet Nam would provide better access to international market for imports and exports. The transport infrastructure in Viet Nam DTA provinces in general and in Gia Lai in particular is underdeveloped which does not meet the traffic requirements of local people, agribusiness and regional trade. 15. The subproject “Upgrading the Provincial Road 665, Section Ia Bang - Ia Mor in Chu Prong District, Gia Lai Province” is one of the work in the component I of Gia Lai subproject . This road section goes thru six communes including Ia Bang, Ia Tor, Ia Me, Ia Pia, Ia Ga and Ia Mor in Chu Prong district with total length of 65,64km (Figure 1). These are poor communes of Chu Prong district with many ethnic minority groups living there and specializing in the growing of coffee, rubber, pepper, cashew and cassava in large area. The road after improvement will connect NH14 to the border with Cambodia, contribute to social and economic development of such communes, enhance the connectivity of road network in Chu Prong district and further contribute to achieve the objectives of project. The beneficiaries of the subproject will be: (i) local people in Chu Prong district where the subproject runs thru; (ii) processing factories, agribusiness enterprises located close to this road.

Figure 1: Subproject site

B. Civil works to be undertaken 16. The PR665 will be upgraded to level IV - Mountainous, design speed is 40km/h. Roadbed width is designed 7.5m for the straight sections and 7.5m+W for the curved sections (W is the expanding width); surface width is designed 5.5m for the straight sections and 5.5+W for the curved sections (W is the expanding width), cross gradient is 2%; non-reinforced curb is design 0.5m each side; at sections with reinforced side drains, slopes and sections with utilized drains, curbs are designed to be reinforced, 0.5- 1.0m wide each side. The pavement shall be upgraded or rehabilitated to asphalt concrete or cement concrete pavement: Table 1: Technical design of road

NO. PARAMETERS UNIT VALUE

1 Road grade IV (mountainous)

2 Design speed Km/h 40

3 Width of roadbed m 7.5

4 Width of road surface m 5.5

5 Width of road curb m 1.0 x 2 sides

6 Minimum radius of horizontal curve m 60

7 Max side gradient Imax/overlook % 8/9

8 Minimum radius of convex vertical curve m 700

9 Minimum radius of concave vertical curve m 450

10 Minimum length of vertical curve m 35

11 Asphalt concrete pavement type Grade A1 Asphalt concrete pavement elastic module 12 MPa 133 requirement 13 Design frequency

- Small bridge, culvert % 4 14 - Big and medium bridge % 1

15 Design load

- Pavement, roadbase Axle 10T 16 - Bridge HL-93

17. The general structure of the 5 designed bridges: - Bridge width: B = (2x3.5 + 2x0.5)m = 8.0m. - Bridge surface coat of asphalt concrete C19 7cm thick. - Bituminous material for tack coat TCN 0.5Kg/m2. - Reinforced quarter cones by concrete stone 2x4 Mark 200 20cm thick. C. Mitigation measures 18. To minimize impacts of land acquisition and resettlement on the local people, the measures taken are as follows: improving the roads based on the existing alignments. Realignment will only be undertaken 7 locally where the curves do not meet the design standard or where the bridges will be built. Temporary use of land may be considered to avoid more loss for local people. The APs will be informed early about the land acquisition schedule so that they will not plant crops that cannot yet be harvested by the time the land is required for construction and also will not construct new houses and structures in the ROW. D. Objective of updated Resettlement and Ethnic Minority Development Plan 19. This uREMDP ensures that the subproject will (i) avoid involuntary resettlement wherever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives; (iii) enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) improve the standards of living of the displaced poor and other vulnerable groups. 20. Further, this document develops a roadmap for affected EMs. The objective is to design and implement subproject in a way that fosters full respect for EMs’ identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the EMs themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them. 21. This uREMDP is the guiding document that identifies the key issues to address in reconciling the requirements of ADB’s SPS (2009) on Involuntary Resettlement and Indigenous Peoples Policies with national and provincial government policies. Concerns of people for involuntary resettlement and ethnic minorities have been integrated in this document and will govern subproject design, implementation, and monitoring. This uREMDP includes key issues as follows: ✓ Policy and procedural guidelines for asset acquisition, compensation, resettlement, and strategies that will help ensure full restoration of the AH’s livelihood and standard of living; ✓ Identification of HHs and communities to be adversely affected by the subproject, where they are located, what compensation and related alleviating measures to be provided to them and how and when these measures will be carried out; ✓ A plan on how AHs will be involved in the various stages of the Project, including resolution of grievances; ✓ A budget for uREMDP implementation; and ✓ A monitoring mechanism on social safeguards implementation for the subproject. 22. The uREMDP is prepared based on (i) the REMDP was approved in 2016; (ii) DMS results (4/2020); (iii) replacement cost survey (6/2020); (iv) consultations with local authorities and AHs from 12/2019 to 6/2020;(v) draft compensation plan (06/2020); II. PROJECT IMPACTS A. Survey process 23. The social impact assessment (SIA) was conducted in the communes affected by the subproject. The SIA comprised of detailed measurement survey (DMS) for all AHs and socioeconomic survey (SES) of AHs and none-AHs within the subproject area. Additionally, the replacement cost survey (RCS) was also carried out. 24. Detailed measurement survey: were implemented for all affected households with land and assess (structures and trees…) which are determined based on land use master plan, cadastral maps, stake- clearance scope. This DMS is implemented in 12/2019 and completed in 4/2020. The notification of land acquisition is informed to local people and authorities on 22/11/2019. Regulations on compensation supports before and after the land acquisition notice have been disseminated to people in subproject area.. 25. Socioeconomic survey: The SES was conducted by collecting socioeconomic information of affected households (including demographic characteristics of AHs, their income and livelihood, ethnic composition, education levels and on their concerns) by directly interviewing them. The survey also collected statistic data of the Province, District and Communes from Year Books of Province and district, and annual socioeconomic reports of communes. This activity is done in 12/2019.

26. Replacement cost study: The purpose of the RCS was to collect information on the market prices of land and non-land assets in the subproject area, in order to apply for compensation to ensure that APs would be compensated at the current market value. The replacement cost survey was carried out by the Chu Prong DCARB to determine the unit prices for affected land. The replacement price has been consulted with AHs and affected units. Affected households and affected units have agreed to use the unit price in the provincial decision as a basis for calculating compensation. This work is implemented in 6/2020. B. Permanent impacts 27. Impact on households: The subproject will affect a total of 12 households with 67 people. Among 12 affected households, none is severely affected by losing more than 10% of productive land or have to relocate; 8 affected households are ethnic minorities (J’Rai and Tay groups); No households are in the vulnerable group. 02 affected agencies/organizations are Chu Prong Rubber Limited company and Provincial Military Board, but these organizations only have impacts on trees as they grow the trees on the land rent by the State. The impacts of the subproject on households and organizations are summarized in Table 2 below. Table 2: Impacts on households, enterprises and organizations Number Number Number Number of Number of of of of affected N affected Commune Househol marginall severely vulnerabl EM o Person unit/organi d y AHs1 affected e AHs household zation HHs 1 Ia Băng ------2 Ia Tor 2 11 2 - - - 3 Ia Me ------4 Ia Pia ------5 Ia Ga ------6 Ia Mơr 10 56 10 - - 8 2 Total 12 67 12 0 - 8 2 Note: 1 marginally affected household means the household who lose less than 10% of total productive land holding, partial loss of residential land without relocation/rebuilt the house on remaining land. Source of data: DMS data provided by PMU and District Resettlement Committee, 6/2020 28. Impact on lands: Based on the results of the DMS, the subproject has permanent impact on 6,037.3 m2 of land, including 2,185.3 m2 land of 9 households (243.1m2 of annual cropland and 1,942.2m2 of perennial cropland) and 3,852 m2 perennial cropland owned by State but this area is rent annually by 2 organization/unit (The Chu Prong rubber company and Provincial Military Board). These two affected organizations have also signed an extract of land acquisition for the government to build provincial roads 665. The detailed impacts are in Table 3 below.. Table 3: Impacts on land of households

Total affected land Annual crop Perennial land No Commune 2 area (m ) land (m2) (m2)

1 Ia Băng - - - 2 Ia Tor 121.00 - 121.00 3 Ia Me - - - 4 Ia Pia - - - 5 Ia Ga - - -

Total affected land Annual crop Perennial land No Commune 2 area (m ) land (m2) (m2)

6 Ia Mơr 2,064.3 243.1 1821.2 Total 2,185.30 243.10 1,942.20 Source of data: DMS data provided by PMU and District Resettlement Committee, 6/2020 Table 4: Impacts on land of organization/unit

Total affected land Annual crop Perennial land No Commune 2 area (m ) land (m2) (m2)

1 Ia Băng - - - 2 Ia Tor - - - 3 Ia Me - - - 4 Ia Pia - - - 5 Ia Ga - - - 6 Ia Mơr 3,852.00 3,852.00 Total 3,852.00 3,852.00 Source of data: DMS data provided by PMU and District Resettlement Committee, 6/2020 29. Impact on structures: The subproject will affect 547.8 m2 of fences, 9 m2 of roof and 5 m2 of cow shed of 6 households in Ia Mor commune Table 5: Impact on structure Cowshed No Commune Fence (m2) Roof (m2) Other structure (m2) 1 Ia Băng - - - - 2 Ia Tor - - - - 3 Ia Me - - - - 4 Ia Pia - - - - 5 Ia Ga - - - - 6 Ia Mơr 547.80 9.00 5.00 - Total 547.80 9.00 5.00 - Source of data: DMS data provided by PMU and District Resettlement Committee, 6/2020 30. Impact on trees: The subproject will affect 209 rubber trees of Chu Prong Rubber Limited company and Provincial Military Board; 138 cashew trees, 2 tamarind trees, 2 bamboo clusters of bamboo, 3 clusters of banana bushes, 1 jackfruit and 1 pepper tree of 7 household. Table 6: Impacts on trees

No Commune Cashew Tamarind Bamboo Banana Rubber Jackfruit Pepper

1 Ia Băng ------2 Ia Tor - - - - - 1 1 3 Ia Me ------4 Ia Pia ------5 Ia Ga ------

No Commune Cashew Tamarind Bamboo Banana Rubber Jackfruit Pepper

6 Ia Mơr 138 2 2 3 209 1 1 Total 138 2 2 3 209 1 1 Source of data: DMS data provided by PMU and District Resettlement Committee, 6/2020 31. Impact on income and livelihood: According to DMS results, all households will only be affected marginally their productive land or their auxiliary structures. Most of the affected households own many hectares of productive land. The consultation with them about affected land and assets shows that the acquisition of these does not affect much to their income. 32. Impact on natural habitat and culture of ethnic minority: The subproject will not affect natural habitat, and livelihood system, cultural practice and ancestral domains of ethnic minorities’ people living in the subproject area. 33. Table below is the summary of permanent impacts of subproject. Table 7: Summary of impacts on land and assets No Number of Type Unit Quantity Ahs/organization 1 Land M2 Land for annual crops m2 243.10 1 AH Land for perennial crops m2 4,673.20 8 AHs/ State 2 Structure Wooden pillar fence m2 547.80 6 AHs Roof m2 9.00 1 AH Cow cage m2 5.00 1 AH Other - 3 Trees Cashew tree 138 3 AHs Tamarind tree 2 2 AHs Bamboo tree 2 1 AH Banana tree 3 1 AH Rubber trees tree 209 2 organization Jackfruit tree 1 1 AH Pepper tree 1 1 AH Source of data: DMS data provided by PMU and District Resettlement Committee, 6/2020 C. Temporary impact 34. The subproject causes temporary impact on 1402.09 m2 of concrete yard/entrance, 227 culvert Ø300, 500 and some fences, signs of 76 households in 5 communes (Ia Bang: 6 households, Ia Tor: 43 households, Ia Pia : 17 households, Ia Me: 3 households, Ia Ga: 7 households). According to the results of the consultation between PMU, local agencies and affected households in March 2020, the culvert will be pick up by contractor and return to the people after the subproject completion. On the other hand, ditch and reinforced concrete slabs cover will be constructed to provide the entrance to the house. All households agree with this plan (see the consultation minutes of each household in the appendix 1) 35. In additional, the subproject may cause temporary other impacts during construction on the transportation land will be used for constructor’s temporary yard or temporary roads. However, to ensure that the temporary impacts are minimized, if not avoided entirely, in the civil works contract, it will include

11 the following provisions, (i) contractor to pay rent for any land required for construction work based on negotiation with and concurrence of AHs; (ii) to the extent possible, only unused land will be used as construction workspace; and (iii) temporarily used land will be restored or improved to its pre-project condition. With the mitigation measures, the remaining temporary impact will be insignificant. PMU and the consultant will monitor and reflect all issues, if any, in the monitoring reports. D. Tenure status of AHs 36. Among 06 subproject communes, Ia Mor and Ia Tor commune have impact on land of households. All AHs in the subproject are currently LURC or in the process of issuing LURC, so that all household are eligible to receive compensation and payment. E. Vulnerable households and Ethnic Minority households 37. No vulnerable AH is identified in the subproject as project clarification. There are 8 ethnic minority households.

III. GENERAL SOCIOECONOMIC PROFILE A. Socioeconomic condition in the subproject area Chu Prong district. 38. Chu Prong is the border district of Gia Lai with Cambodia. It has the administration borders with districts Duc Co, Ia Grai, Pleiku and Dak Doa in the North, with Ea Sup district of Dak Lak province in the South, with Chu Se and Chu Puh districts in the East. Chu Prong has 42km border with Cambodia in the West. In 2019, the district's population is 129,827 people, of which about 48.6% are ethnic minorities, mainly Gia Rai and Tay. The district's natural land is about 1,551,098.53 ha of which 1,389,450.33 ha is agricultural land. Chu Prong district has 1 town and 19 communes, including: Ia Bang, Ia Boong, Ia Lau, Ia Me, Ia Mor, Ia O, Ia Pia, Ia Puch, Ia Phin, Ia Tor, Ia Ve, Bau Can, Binh Giao, Thang Hung, Ia Bang, Ia Kly, Ia Drang, Ia Ga, Ia Pior. 39. The economy of Chu Prong district depends mainly on agricultural production. In 2019, the value of agriculture and forestry sector reached VND 5,441.57 billion (55.91%) out of a total of VND 9,733.20 billion production value of 3 agriculture, forestry, construction industry and services. By the end of 2019, the poverty rate of the district will be less than 7%, down 2.8% compared to the beginning of the year (9.28%). Subproject communes: 40. Population, ethnic minority and migration: In general, the population is not evenly distributed. Ia Mor commune has the smallest population of 2,595 people and Ia Me commune has the largest population of 6,236. The percentage of ethnic minorities is very high in the communes of Ia Mor and Ia Ga (77.76% and 71.88%), The majority of ethnic minorities are J'Rai ethnic people (about 90%). In addition, the districts also had a sizable number of Kinh people, as a result of the government's immigration policy in the 1980s. 41. The natural population growth rate of communes in the subproject area is about 1.67%, highest in Ia Bang commune and lowest in Ia Mor commune. The rate of natural population growth has decreased because ethnic minorities have been propagandized to raise awareness about birth and contraception. The size of households is about 4-5 people/household with a couple and 2-3 children. 42. Most of the residents in the subproject area live in small villages and a small part lives away 5-8km from the route. Their main income is from agricultural production (coffee, rubber, cashew), combined with small-scale poultry raising.

Table 8: Population of district and communes in the subproject area

Household Natural District Total Kinh people Ethnic people Size birth rate /Commune (persons) % (persons) % (persons) % (persons) % Chu Prong 1 129,827 100.00% 75,635 58.26% 54,192 41.74% 4.48 1.24% district 2 Ia Tor 4982 100.00% 2,700 54.20% 2282 45.80% 4.57 1.34% 3 Ia Me 6236 100.00% 2,235 35.84% 4,001 64.16% 5.49 1.29% 4 Ia Pia 5677 100.00% 2982 52.53% 2695 47.47% 5.00 1.05% 5 Ia Ga 4837 100.00% 1360 28.12% 3477 71.88% 4.17 1.40% 6 Ia Mor 2595 100.00% 577 22.24% 2018 77.76% 4.12 0.90% 7 Ia Bang 6628 100.00% 4405 66.46% 2223 33.54% 4.17 4.50%

Resource: Socio-economic report of the districts and communes in the project area 2019 43. Land use status: According to the district's land use plan, the agricultural land area of Chu Prong district is 149,167 ha (accounting for 87% of the land area). Agricultural land area of the communes also accounts for the majority (the lowest in Ia Ga commune accounts for 86%), which is mainly production forest land, perennial cropland and annual cropland.

Table 9: Land use status in the subproject area in 2019

Area divided by administrative units (ha) No Land use criteria Code Chu Prong Ia Tor Ia Me Ia Pia Ia Ga Ia Mor Ia Bang district 1 Agricultural land NNP 149,167.09 1,993.86 9,695.24 4,167.50 10,542.25 37,639.07 3,438.81 1.1 Paddy land LUA 3,617.51 27.64 76.89 28.26 45.94 360.42 132.40 Of which: Wet rice cultivation LUC 2,501.31 - 6.13 - - 133.04 122.89 land 1.2 Other annual crops land HNK 30,564.92 170.21 2,747.17 1,853.79 3,499.84 3,345.19 267.60 1.3 Perennial crops land CLN 70,595.21 1,794.13 4,515.59 1,932.30 2,839.44 8,799.59 3,013.16 1.4 Protective forest land RPH 12,517.50 - - - 702.47 6,324.77 - 1.5 Special-use forest land RDD ------1.6 Production forest land RSX 31,635.47 - 2,341.33 343.32 3,444.30 18,808.75 - 1.7 Land for aquaculture NTS 197.27 1.88 14.26 9.83 10.26 0.35 3.85 1.8 Land for salt production LMU ------1.9 Other agricultural land NKH 39.21 - - - - - 21.80 2 Non-agricultural land PNN 10,995.30 198.53 498.04 304.93 292.67 3,274.21 472.42 2.1 Defense land CQP 244.04 6.34 2.87 - - 85.84 - 2.2 Security land CAN 4.00 0.08 0.08 0.08 0.08 0.09 0.08 2.3 Industrial parks SKK 56.25 - - - - - 56.25 2.4 export processing zones SKT ------2.5 Industrial clusters SKN 15.00 ------2.6 Commercial and services land TMD 12.00 1.55 - 0.07 - 0.40 5.50 Land of non-agricultural 2.7 SKC 311.80 - - 8.32 - 102.94 89.39 production units 2.8 Land for mineral activities SKS 2.00 ------

Area divided by administrative units (ha) No Land use criteria Code Chu Prong Ia Tor Ia Me Ia Pia Ia Ga Ia Mor Ia Bang district Infrastructure development 2.9 DHT 3,283.67 81.47 201.91 113.97 85.58 492.26 254.88 land 2.1 Historical - cultural relics land DDT 1.49 0.05 - - - - - 2.11 Land with scenic spots DDL ------Disposal sites, waste disposal 2.12 DRA 10.65 1.20 - - - - - land 2.13 Rural residential land ONT 914.39 38.90 56.57 47.05 29.88 31.21 37.61 2.14 Urban residential land ODT 172.50 ------2.15 Office construction land TSC 22.75 0.50 0.73 0.69 1.67 1.60 0.84 Non-business organizations 2.16 DTS 15.39 - - 0.43 1.02 1.31 - construction land Land for building diplomatic 2.17 DNG ------facilities 2.18 Religious base land TON 11.19 - - - 0.28 - 0.84 Cemeteries and graveyards 2.19 NTD 166.78 3.50 8.14 3.39 7.00 8.84 12.68 land Land for production of 2.20 construction materials and SKX 18.81 - - - 2.22 3.50 - pottery 2.21 Community living land DSH 20.70 1.08 0.95 0.57 1.02 0.30 0.51 Land for public recreation and 2.22 DKV 3.75 ------entertainment areas 2.23 Land of belief facilities TIN 0.23 0.04 - - - - 0.05 Land of rivers, canals, canals, 2.24 SON 2,965.59 56.41 226.49 125.94 163.52 710.97 5.81 streams

Area divided by administrative units (ha) No Land use criteria Code Chu Prong Ia Tor Ia Me Ia Pia Ia Ga Ia Mor Ia Bang district Land with a special-use water 2.25 MNC 2,728.88 7.00 - 3.63 0.40 1,834.95 7.98 surface 2.26 Other non-agricultural land PNK 13.44 0.41 0.30 0.79 - - - 3 Unused land CSD 9,228.86 1.28 574.12 49.66 1,464.12 2,646.62 20.19 4 Land used for high-tech park* 5 Land for economic zone* 6 Urban land* 2,044.86 Source: the land use master plan in Chu Prong in 2019

44. Education: In Chu Prong district, there are 65 schools with 31,313 students. 6 communes in the project’s area all have kindergartens, primary and secondary schools. The total number of students in 6 communes is 7125 students. The average rate of children attending school at the right age in communes is about 95%. The illiteracy rate is about 3.3% (mainly elderly and ethnic minorities). 45. Poverty: The rate of poor households in the whole district is 7.12% (2064 households), in which the percentage of poor households being ethnic minorities accounts for the majority (79.75%). In the communes, the poverty rate is the highest in Ia Pia commune (12.92%) and lowest in Ia Bang commune (3.3%). Although the poverty rate has decreased compared to previous years, the rate of households falling back into poverty is still high, most of which are ethnic minority households because of their main income from agriculture, depend on weather status so their livelihoods are very precarious. 46. Causes of poverty: The causes leading to poverty are not only the lack of production capital, but also other causes are as strong as (i) linking difficulty in traffic and transport goods to develop areas, (ii) Market economic awareness is still low, depending on the weather and affected by natural disasters, epidemics (iv) lack of manpower, especially qualified and backward production methods; (v) jobs are not diversified, mainly depending on crop production, animal husbandry and (vi) many backward customs. Table 10: The number of poor households in the communes.

Proportion of Proportion poor ethnic The rate of of poor minority Number of poor ethnic households to Districts Number of poor households minority total poor No. /Communes household household (%) households households (%) Chư Prong 1 28,979 2,064 7.12% 1,646 79.75% district 2 Ia Tor 1,091 130 11.92% 92 70.77% 3 Ia Me 1,445 115 7.96% 78 67.83% 4 Ia Pia 1,254 162 12.92% 118 72.84% 5 Ia Ga 1,160 110 9.48% 101 91.82% 6 Ia Mor 630 52 8.25% 41 78.85% 7 Ia Bang 1,453 48 3.30% 29 60.42% B. Affected Household Profile 47. The sample socio-economic survey was conducted by the survey team in December 2019 with all 12 affected households. Consultations with local authorities, mass organizations and households were conducted in all 6 affected communes. Secondary data was also collected in all 6 communes. The demographics of the surveyed households are as follows. Table 11: Demographic characteristics of affected households

No. Communes Number of AH Number of Surveyed AH Total Aps Male Female

1 Ia Bang 0 0 0 0 0 2 Ia Tor 2 2 11 5 6 3 Ia Me 0 0 0 0 0

No. Communes Number of AH Number of Surveyed AH Total Aps Male Female

4 Ia Pia 0 0 0 0 0 5 Ia Ga 0 0 0 0 0 6 Ia Mor 10 10 56 26 30 Total 12 12 67 33 34

(Source: SES data collected in 12/2019) 48. Among the 12 affected households surveyed, most of the household heads are male (10 households) accounting for 83.33% and most of working age (91.67%) (under 65 years) (see table below) Table 12: Age of household heads

STT Age range of respondents Ia Mor Ia Tor Total Rate

1 < 25 1 - 1 8.33% 2 26 - 35 2 - 2 16.67% 3 36 - 45 2 - 2 16.67% 4 46 - 55 3 2 5 41.67% 5 56 - 65 1 - 1 8.33% 6 > 65 1 - 1 8.33% Total 10 2 12 100.00%

(Source: SES data collected in 12/2019) 49. Among 12 affected households, there are 8 households are J’Rai ethnicity, the remaining 4 are Kinh people. Among 12 households, there are 2 illiterate households, 1 household with intermediate/college education. It can be seen that most of the literate households will facilitate the process of exchanging project implementation with people Table 13: Education background of household heads Education background Ia Mor Ia Tor Total Rate Illiterate 2 0 2 16.67% primary school 5 1 6 50.00% Education secondary school 2 1 3 25.00% high school 0 0 0 0.00% College 1 - 1 8.33% Total 10 2 12 100.00% (Source: SES data collected in 12/2019) 50. Livelihood, occupation and production status: Households surveyed participated in three main sources of livelihood including agriculture, business and wages, but the main source of income for households from agricultural production, only 1 household has income from salary. Table 14: Main occupation of head of affected households Main occupation Ia Mor Ia Tor Total Rate Agriculture 8 2 10 83.33%

Main occupation Ia Mor Ia Tor Total Rate Business/services 1 0 1 8.33% Handicraft worker 0 0 0 0.00% Manual labor 0 0 0 0.00% Worker 0 0 0 0.00% Government official 0 0 0 0.00% Retired 1 0 1 8.33% Unemployment 0 0 0 0.00% Housework 0 0 0 0.00% Other 0 0 0 0.00% Total 10 2 12 100% (Source: SES data collected in 12/2019) 51. Income and expenditure: None of the households affected by the subproject belongs to the poor group, the monthly income of households is about VND 5.5 million. Table 15: Income and expenditure Estimated Estimated Number of Personal expenditure/ income/ Expenditure/ AHs interviewed average income household/ household/ income ratio AH (VND/month) month month Average 5.60 3,410,000 5,420,000 63% 967,857 Ia Mor Number 10 10 10 10 10 of HHs Average 4.00 4,010,000 5,625,000 0.71 1,406,250 Ia Tor Number 2 2 2 2 2 of HHs 52. Housing condition: Most of the affected households live in brick houses and roofs made of different materials such as cement or corrugated iron. This is a typical house structure in the subproject area, some households live in wooden houses. 53. All affected households have motorbikes, mobile phones, and rice cookers. Many affected households have televisions (8 households) Table 16: Ownership of assets of affected households

Asset Ia Mor Ia Tor Total Bike 1 1 2 Motorcycle 10 2 12 Car 1 0 1 Fridge 2 1 3 Washing machine 0 0 0 Television 6 2 8 Cable television 0 1 1 Use Internet 0 0 0 Use the computer 0 0 0

Asset Ia Mor Ia Tor Total Mobile phone 10 2 12 Desktop phones 0 0 0 Electric cooker 10 2 12

(Source: SES data collected in 12/2019) 54. Sanitation: All affected households surveyed stated that they mainly use water from well and rain. Households have either flush or semi-septic toilets outside the main house. 55. Energy: The source of energy often used for lighting is electricity from the national grid. Households use a combination of gas and wood stoves for cooking. C. Ethnic Minorities in the subproject Area 56. Number of ethnics living in Chu Prong district is 34 groups and in subproject area are 06. The average percentage of ethnic minorities in 6 communes is 56.77%. The main ethnic group in the subproject area is J’Rai (about 95%), the other ethnic groups are Muong, Tay, Nung, Thai ... accounting for 0.05% to 4% of the total population. 57. In recent years, the province has always prioritized and used resources to focus on development on ethnic minority, so that the regional economy has positive changes. Accordingly, the sedentarization and settlement reached over 90% in number of households, basically addressing the situation of free migration; Good production activities have been increasingly. Policies on investment and support for ethnic minority are implemented in a timely, transparent and democratic manner, in line with people's needs, help to increase incomes and reducing the poverty rate in Chu Prong. 58. The majority of free migrants are poor households in the northern provinces, scattered distributed mostly in districts, communes in remote, isolated areas. With the support of the Central Government and the guidance of the province, the efforts of all sectors and levels, up to now, the settlement of the free migration situation in the province has achieved positive results contributed to stabilizing the population in the province. 59. In general, free migration is reduced in number but more complex character in Gia Lai province. The majority of migrants are scattered distribution in districts and communes in remote areas. In some cases they create the mess for local community such as, illegal purchase and sale and disputes of land, clearing the forest land for cultivation. 60. The cultural life of EM has been markedly improved, cultural institutions at the local area have been invested as well as many villages and hamlets have cultural houses. Preserving and promoting the traditional cultural values of EM is one of interest objects. The change of backward customs among EM has made positive changes, implemented a civilized lifestyle in weddings, funerals, festivals, limited a number of negative and cumbersome procedures; backward customs and superstitions in ethnic minority area. Table 17: Population of subproject by Ethic groups in 2019

Commune Total Kinh J’rai Bana Mường Tày Thái Nùng Other 1 Ia Tor 4,982 2,700 2,243 0 0 0 21 18 0 (%) 100 54.20% 45.02% 0.00% 0.00% 0.00% 0.42% 0.36% 0.00% 2 Ia Me 6,236 2,235 3,945 0 0 21 0 34 1 (%) 100 35.84% 63.26% 0.00% 0.00% 0.34% 0.00% 0.55% 0.02% 3 Ia Pia 5,677 2,982 2,614 0 42 0 0 32 7 (%) 100 52.53% 46.05% 0.00% 0.74% 0.00% 0.00% 0.56% 0.12% 20

Commune Total Kinh J’rai Bana Mường Tày Thái Nùng Other 4 Ia Ga 4,837 1,360 2,402 3 3 214 32 821 2 (%) 100 28.12% 49.66% 0.06% 0.06% 4.42% 0.66% 16.97% 0.04% 5 Ia Mor 2,595 577 1703 24 123 15 65 24 64 (%) 100 22.24% 65.63% 0.92% 4.74% 0.58% 2.50% 0.92% 2.47% 6 Ia Bang 6,628 4,405 2,203 15 2 1 1 1 0 (%) 100 66.46% 33.24% 0.23% 0.03% 0.02% 0.02% 0.02% 0.00% Tổng (hộ) 30,955 14,259 15,110 42 170 251 119 930 74 (%) 100.00% 46.06% 48.81% 0.14% 0.55% 0.81% 0.38% 3.00% 0.24%

Source: The social economy report of communes in 2019 61. Social and Cultural Systems of the J’Rai. Traditionally, The J’Rai lives in separate villages (polio or bon) with 50÷500 people in population. The village chief and the elders have great prestige and play the role of running collective activities. In village center, there often has a communal house named “Nha Rong”. Traditional houses of The J’Rai have been constructed entirely from bamboo, however in many recent years wooden houses with corrugated roofs are more popular due to their durability. The J’Rai has a matrilineal custom, that is, the lineage is traced through the mother rather than the father. Females are free to choose their lovers and decide their marriage. After wedding, the husband lives in his wife's family and has no right to inheritance. On the contrary, the daughter after marriage no longer lives with her parents and inherits from them. The children take the family name of the mother. In society, men play a more important role but in the family the women have more power. 62. The majority of J’Rai is animists and they believe in the existence of demons. Sacrifice of pig, cow, and buffalo are periodically made to the spirits to appease them. In the past, when the people died, he will be buried at the same place as those people of his maternal lineage. Today, this customs is reduced. 63. The J’Rai has their traditional clothes for man and for woman. Regarding to folklore, the J’Rai performs their music on gongs, T’rung, Krong put, and some other traditional instruments. These traditional instruments are closely associated with the people's spiritual life. The J’Rai has famous and long epics and old tales such as “Dam Di di san” (Dam Di goes hunting), “Xinh Nha”… 64. Language: The J’Rai has own language and use it in family and in their society. J’Rai students are also learning and studying national languages. 65. Production activities: Previously, the J’Rai cultivate mainly on the burnt-over land. Ordinary rice is the stable food. Tools for farming are simple, including machete, cleaver, picks and hoes, and digging stick to put seeds into holes. Livestock-breeding develops, covering cattle, pigs, dogs, and poultry. In the past, the J’Rai possessed a large herd of horses. They also tamed the elephants. Men are skillful in basketry, and women in cloth weaving. Hunting, gathering and fishing are subsidiary activities generating significant income for the J’Rai. With the support of government for economic development and forest management of state, such activities are reduced. Nowadays, beside the traditional income generating activities such as planting ordinary rice on their burnt-over land, husbandry, fishing… the J’Rai also plant rubber, coffee, pepper and cashew as Kinh People.

IV. DISCLOSURE, PUBLIC CONSULTATION AND PARTICIPATION A. Information Disclosure 66. In compliance with the ADB requirements, the PPMU will assist the CARB in publicly disseminating the final uREMDP as approved by the DPC and ADB. The subproject information booklet have been made available in the Vietnamese language. 67. APs are notified in advance of resettlement activities, including community meetings to disseminate subproject information about the scope of the subproject, work alignment plan, site clearance plan and construction plan. They are also involved in public meetings to discuss on (i) detailed measurement survey results; (ii) lists of eligible APs and their entitlements; (iii) compensation rates and amounts, (iv) payment of compensation and other assistance; and (v) the grievance redress mechanism. Notices are posted in the commune PC offices or other easily accessible locations; letters, notices or small brochures are delivered individually to APs; and radio announcements. 68. This uREMDP will be uploaded in ADB websites. The staff of CPC and mass organizations will translate into EM language (if needed) and disseminate the information to the EMs through loudspeakers and other oral communication means in traditional market days as well as in public meetings. B. Public Consultation and Participation 69. Public consultations and community participation is encouraged in all the project cycle, including planning, designing, implementing, and monitoring. The objective of the Public Consultation and Participation is to develop and maintain avenues of communication between the Project and different stakeholders including APs to ensure that their views and concerns are incorporated into project preparation and implementation with the objectives of reducing or offsetting negative impacts and enhancing benefits from the Project. Feedback from consultations plays an important role in the planning process, leading to the formulation of mitigation measures and compensation plans for project-affected communities, and for environmental mitigation measures. 70. The aims of Public Consultation and Participation are to: i. provide full and impartial information to affected persons about the subproject, its activities, and potential impacts that affect them, and to provide an opportunity for their feedback on the subproject; ii. explore a range of options for minimizing subproject negative impacts, and for those impacts that cannot be avoided, explore the range of options for, and ensure APs participation in the design of mitigation measures; iii. gather information about the needs and priorities of APs as well as their feedback on proposed resettlement and compensation policies, options and activities; iv. obtain the cooperation, participation and feedback of APs on activities to be undertaken in resettlement planning and implementation, in particular on the location for resettlement, planning and design of housing (if necessary), land and community facilities, and the development and implementation of the livelihood program to affect livelihood restoration and development; v. provide a mechanism for continued dialogue, raising of concerns and monitoring of implementation; and vi. Exploring options for the co-management of natural resources through participatory approaches aimed at sustainable use and conservation. 71. The method of consultation and participation has to ensure two-way exchange of information between the affected community and the project in accordance with the traditional culture of the locality and EMs as well, taking into account gender issues, social justice and the principle of equality.

72. Consultation and participation during updating REMDP: The PMU, PISC has conducted 07 group discussions, consultations with mass organizations, EM households, APs and non-APs from 12/2019 to 6/2020 with a total of 83 people, including 42 women (50.60%) and 35 ethnic minority people (accounting for 42.17%); of which separate consultation with 11 EM people. Notice of land acquisition and implementation of DMS, consultation of replacement cost have been disseminated to affected households. The objective of the consultation meetings was to provide information, as much as possible, on the subproject to local authorities, mass organizations, APs and non-APs, and discuss and document their comments on subproject issues. Specifically, the following subjects were presented and discussed: ✓ Description of subproject: location, scale and scope of impact; ✓ Design scale and detailed design scope; ✓ Implementation plan of the subproject; ✓ Subproject's policies on land acquisition, compensation, resettlement assistance as well as standard conditions; ✓ Notice of land acquisition and DMS plan; ✓ Grievance redress mechanism of the subproject; ✓ Replacement cost; ✓ Issues related to EM, gender, income restoration, living and other support policies; ✓ Livelihood restoration policy 73. The results of observations and public consultation meetings with local authorities, mass organizations and APs are summarized as follows (see the consultation minutes in the appendix 1): ✓ People with and without impacts support and agree with the subproject to improve existing roads; ✓ Scale of design and detailed design solutions consistent with the current situation of route; ✓ During the meetings, the potential impacts of subprojects on land acquisition are discussed carefully with affected people whose land and assets will be affected; All agree that the impact of the subproject is not significant, but all impacts on assets must be compensated and supported; ✓ Affected people agreed with the principle of subproject on compensation, resettlement assistance; ✓ The environmental impacts of subprojects during construction are recognized as unavoidable, but can be mitigated by the mitigation measures proposed in the Environmental Management Plan; ✓ Community consultation should involve the participation of women and ethnic minorities in the implementation of resettlement and ethnic minority plans, management and monitoring will be continuously carried out in the next steps; ✓ APs propose that compensation payment will be made in one installment before construction starts. They also mentioned that subproject quality issues should be considered and they are willing to send representatives to the Community Supervision Committee during the subproject construction; ✓ Procedures for grievance and redress mechanism of the subproject are consulted with the APs. They suggest that their complaint should be addressed promptly and effectively. ✓ Community supervision unit will be strengthened according to the project's criteria and perform monitoring tasks according to the assigned function. Training courses for community supervision board should be implemented before construction phase. Table 18: Summary of participant consultation meetings

EM Rate of Rate of No. Commune Location Participant No. of Women participant people EM women

Representative of Headquar CPC, 1 Ia Mơr 16 9 5 56.25% 31.25% ter mass organizations, affected households

Headquar Representative of 2 Ia Băng CPC, mass 20 3 11 15.00% 55.00% ter organizations, 23

local people

Representative of Headquar CPC, mass 3 Ia Tor 6 2 4 33.33% 66.67% ter organizations, local people Representative of Headquar CPC, mass 4 Ia Me 10 1 8 10.00% 80.00% ter organizations, local people Representative of Headquar CPC, mass 5 Ia Pia 12 4 6 33.33% 50.00% ter organizations, local people Representative of Headquar CPC, mass 6 Ia Ga 8 5 1 62.50% 12.50% ter organizations, local people

Headquar Representative of 7 Ia Mơr CPC, EM affected 9 9 6 100.00% 66.67% ter households

Headquar Representative of 8 Ia Tor CPC, EM affected 2 2 1 100.00% 50.00% ter households Tot 83 35 42 42.17% 50.60% al 74. In addition, PMU and PISC had worked with DCARB, Ethnic minority department of Chu Prong district during the DMS works and preparation of draft compensation plan. The project’ policy and the support for EM and affected household has discussed and all parties agreed that they will monitor and collaborate to implement activities in the uREMDP. There are some programs for supporting EM in the area such as the Socio-economic development program for extremely difficult communes in ethnic minority and mountainous areas (Program No.135), the plan No.824/KH-UBND on vocational training for rural labor in 2020. Some programs have been implemented in Chu Prong district such as support breeding cow, food crops, fertilizers. The Ethnic minority department will cooperate with PMU and PISC in implementing uREMDP and integrate local programs support EM people. 75. Consultation and participation during uREMDP implementation. During the implementation phase, the PPMU in combination with The Chu Prong Compensation, Assistance and Resettlement Board, PISC and Commune PC is responsible for the dissemination of subproject information (translated into local language if necessary) using various media such as organizing seminars, presentations, and public meetings for which subproject APs and beneficiaries are invited. The PPMU will deliver the Project Information Brochure (PIB) and other documents of the subproject to the APs. 76. Local people, especially affected persons have right to work for the subproject as specified in the Gender Action Plan and in this uREMDP. All communities have rights to monitor not only the construction of the subproject but also the implementation of the REMDP (see part– Monitoring and evaluation), and their representatives should be members of the Community Monitoring Board of the commune to monitor the implementation process. They can make grievance if they find any illegal actions or things they disagree as specified in Section V.

V. GRIEVANCE REDRESS MECHANISM 77. In order to ensure that all APs’ grievances and complaints on any aspect of land acquisition, compensation and resettlement are addressed in a timely and satisfactory manner, and that all possible avenues are available to APs to air their grievances, a well-defined grievance redress mechanism needs to be established. All APs can send any questions to implementation agencies about their rights in relation with entitlement of compensation, compensation policy, rates, land acquisition, resettlement, allowance and income restoration. Furthermore, APs will not be ordered to pay any fee from all administrative and legal fees that might be incurred in the resolution of grievance and complaints at any level of trial and court. Grievances redress mechanism of the project will be followed Law on complaint No. 02/2011/QH13 and regulation on grievance at Government Decree 75/2012/NĐ-CP dated 20/11/2012.Complaints will pass through 3 stages before they could be elevated to a court of law as a last resort. • First Stage, Commune People’s Committee: The aggrieved affected household can bring his/her complaint in writing or verbally to any member of the Commune People’s Committee, either through the Village Chief or directly to the CPC. It is incumbent upon said member of CPC or the village chief to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected household and will have 30 days and maximum of 45 days following the lodging of the complaint, depending on complicated case or distance, to resolve it. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles. • Second Stage, District People’s Committee: If after 30 days or 45 days (in remote area) the aggrieved affected household does not hear from the CPC, or if the affected household is not satisfied with the decision taken on his/her complaint, the affected household may bring the case, either in writing or verbal, to any member of the DPC. The DPC in turn will have 30 days or maximum of 70 days following the lodging of the complaint, depending on complicated case or remote area, to resolve the case. The DPC is responsible for documenting and keeping file of all complaints that it handles and will inform the DCARB of any determination made and the DCARB is responsible for supporting DPC to resolve AH’s complaint. The DPC must ensure their decision is notified to the complainant. • Third Stage, Provincial People’s Committee: If after 30 days or 45 days (in remote area) the aggrieved affected household does not hear from the DPC, or if the affected household is not satisfied with the decision taken on his/her complaint, the affected household may bring the case, either in writing, to any member of the PPC. The PPC has 30 days or maximum of 70 days, depending on complicated case or remote area, to resolve the complaint to the satisfaction of all concerned. The PPC is responsible for documenting and keeping file of all complaints that reaches the same. • Final Stage, the Court of Law Arbitrates: If after 30 days following the lodging of the complaint with the PPC, the aggrieved affected household does not hear from the PPC, or if he/she is not satisfied with the decision taken on his/her complaint, the complainant can appeal again to the PPC. If the complainant is not satisfied with the second decision of the PPC, the case may be brought to a Court of law for adjudication. If the court rules in favor of the complainant, then PPC will have to increase the compensation at a level to be decided by the court. In case the court will rule in favor of PPC, then the complainant will receive compensation approved by PPC. 78. The grievance redress mechanism has been disclosed to APs during updating REMDP and will be continuously disseminated to people during uREMDP implementation.

VI. LEGAL AND POLICY FRAMEWORK 79. The legal and policy framework for dealing with the resettlement impacts of the subproject is given based on relevant policies and laws of Viet Nam and the ADB’s Involuntary Resettlement Policy (SPS 2009). 25

In this section, the relevant policies and laws of Vietnam, including policies of Gia Lai Province, and policies of ADB are outlined, then if difference between these policies (of Vietnam and of ADB) exist, reconciliation is done to establish policies and principles to be applied under this subproject. A. ADB Policies 80. Involuntary Resettlement. The main objectives of ADB’s Policy on Involuntary Resettlement is to avoid or minimize the adverse impacts on people, HHs, businesses and others in the implementation of development project. Where resettlement is not avoidable, the involuntary resettlement must be minimized by exploring project and design alternatives, and enhance or at least restore the living standards of the affected persons to at least their pre-project levels. The SPS June 2009 also stresses on a new objective of improving the standards of living of the displaced poor and other vulnerable groups. The policy applies to full or partial, permanent or temporary physical and economic displacement resulting from (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Resettlement is considered involuntary when displaced individuals or communities do not have the right to refuse land acquisition those results in displacement. 81. Indigenous Peoples (IP)/ Ethnic Minorities (EMs). The main objectives of ADB’s IP safeguards policy under the SPS 20092 are to: (i) avoid adverse impacts of projects on the environment and affected persons, where possible; (ii) minimize, mitigate, and/or compensate for adverse project impacts on the environment and affected persons when avoidance is not possible; and (iii) assist in strengthening country safeguard systems and develop the capacity to manage environmental and social risks. The policy is triggered if a subproject directly or indirectly affects the dignity, human rights, livelihood systems, or culture of EMs or affects the territories or natural or cultural resources that EMs own, use, occupy, or claim as their ancestral domain. Should ADB projects affect EMs, a set of general policy requirements are observed to maintain, sustain, and preserve their cultural identities, practices, and habitats (SR-3 of SPS 2009). A set of special requirements are in place should projects be (i) within ancestral domains and lands and related natural resources, (ii) commercial development of cultural resources and knowledge of EMs; (iii) physical displacement from traditional or customary lands; and (iv) commercial development of natural resources within customary lands underuse that would impact on livelihoods or cultural, ceremonial, or spiritual uses that define the identity and community of EMs. 82. The subproject will affect 8 EM households with minor land acquisition and does not significantly impact livelihood and income of the EMs. The subproject also does not affect identity, culture and custom livelihood system of EMs so Ethnic Minority Development Plan is incorporated with Resettlement Plan of the subproject in a combined document named REMDP with all elements of EMDP are included in the REMDP. B. National Laws on Involuntary Resettlement and Ethnic Minorities (EMs) 83. Compensation, Assistance and Resettlement. The Constitution of the Socialist Republic of Viet Nam (2013) confirms the right of citizens to own and protect the ownership of a house. In addition, the Government has enacted a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation, assistance and resettlement. The principal documents include the Land Law No. 45/2013/QH13, dated 29/11/2013, providing Vietnam with a comprehensive land administration law; Decree No. 47/2014/ND-CP, dated 15/5/2014 on compensation, assistance, rehabilitation and resettlement in the event of land recovery by the State; Decree No. 44/2014/ND-CP, dated 15/5/2014 specifying the methods for land pricing and land price frameworks in the event of land recovery by the State and Decree No. 43/2014/ND-CP dated 15/5/2014 providing guidelines on implementation of the Land Law 2013 and Circular No. 37/2014/TT-BTNMT, dated 30 Jun 2014, guiding on implementation of Decree

2 Safeguard Policy Statement, 2009

47/2014/ND-CP, and Circular No. 36/2014/TT-BTNMT, dated 30 Jun 2014, guiding on implementation of Decree 44/2014/ND-CP. 84. Laws, decrees and decisions relevant to public disclosure of information include the Law on Land, No. 45/2013/QH13, Article 67, requiring disclosure of information to the DPs prior to recovery of agricultural and non-agricultural lands of a minimum of 90 and 180 days respectively. 85. Ethnic Minorities. The definition of ethnic minorities in Vietnam is based on the following criteria: (i) A language different from the national language; (ii) Long traditional residence on, or relationship with land, and long traditional social institutional system; (iii) A self-provided production system; and (iv) A distinct cultural identity and self-identification as a distinct cultural group that is accepted by neighboring ethnic groups. 86. Article 5 of the Constitution 2013 clearly indicates that (i) the State of Vietnam is the united state of the various ethnic communities co-habiting on the territory of Vietnam; (ii) All EMs are equality, solidarity, respect and mutual assistance among all nationalities, and forbids all acts of national discrimination and division; (iii) National language is Vietnamese, every ethnic community has the right to use its own language and system of writing, to preserve its national identity, and to promote its fine customs, habits, traditions and culture; and (iv) the State applies a policy of comprehensive development and give good conditions for EMs to promote their internal force for the country development. 87. Articles 58 and 60 of the Constitution 2013 obviously stipulate that (i) the State of Vietnam is in charge of preserving and developing Vietnamese culture of the various ethnic communities; and (ii) the State undertakes priority policies for education development in mountainous areas, ethnic community regions, particularly difficult areas and the State implements foreground programs of health care for mountainous people and EMs. 88. A series of policies related to ethnic minorities was promulgated. Two of the most important policies is the Program 134 (or Decision No. 134/2004/QD-TTg of the Prime Minister) and Program 135 (or Decision No. 135/1998/QD-TTg of the Prime Minister). The earlier promulgates on some policies on supporting productive land, residential land, housing and domestic water for poor EM HHs. The latter promulgates on approving the program on socio-economic development in mountainous and remote communes with special difficulties. In addition, Decree No. 60/2008/ND-CP of the Government is the very import organization policy related to nationalities issues. This decree defines the functions, tasks, powers and organizational structure of the Committee of Ethnic Minorities, a ministerial level agency under the Government, performs its functions of state management on EM affairs nationwide, and on public services within its authorities as prescribed by the law. 89. The following lists important policies related to ethnic minorities in Vietnam: ✓ Decision No. 12/2018 /QD-TTg dated 6 March, 2018 of the Prime Minister on criteria for selecting and recognizing prestigious people and policies for prestigious people in ethnic minority ✓ Decision 474/QD-UBDT 2018 on the Ethnic Minority Policy Summary Plan for the period 2016- 2020, policy orientation 2021- 2025 issued Chairman of the Committee on Ethnic Minority Affairs. ✓ Decision No.1163/QD-TTg of 8 August, 2017 approving the project "Promote law dissemination and education and advocacy for ethnic minority and mountainous areas in 2017-2021 period ✓ Decision No. 2085/QD-TTg of the Prime Minister approving the specific policy on support for socioeconomic development of ethnic minority and mountainous areas in the 2017-2020 period ✓ Resolution No. 52/NQ-CP dated 15 June, 2016 of the Government on accelerating the development of human resources for ethnic minorities in the period 2016-2020, with orientation to 2030;

✓ Decision No. 1722/QĐ-TTg dated 2 September, 2016 of the Prime Minister approving the National Targeted Program for Sustainable Poverty Reduction during 2016-2020 ✓ Decision No. 1557/QĐ-TTg dated 10 September, 2015 of the Prime Minister approving a number of targets for the achievement of the Millennium Development Goals for ethnic minorities linked to the Sustainable development target after 2015 ✓ Decision No. 601/QD-UBDT dated October 29, 2015 of the Committee on Ethnic Minority Affairs recognizing the supplementation and adjustment of villages meeting with special difficulties and communes of regions I, II and III in ethnic minority and mountainous areas. ✓ Joint Circular No. 05/2013-TTLT- UBDT -ARD-KHDT-TC-XD dated 18 November, 2013 guiding the Program 135 on supporting infrastructure investment and development of production for communes with special difficulties, border communes, villages with special difficulties 90. Gia Lai Provincial People’s Committee Decisions on Land Acquisition and Resettlement: ✓ Decision No.19/2020/QD-UBND of People’s Committee of Gia Lai Province issued on 8th June 2020 promulgating land price adjustment coefficient applied in 2020 in Gia Lai province; ✓ Decision No.02/2020/QD-UBND of People’s Committee of Gia Lai Province issued on 9th January 2020 to amend and supplement a number of articles of the Regulation on compensation, support and resettlement upon land recovery by the State in Gia Lai province, issued together with Decision No.09/2018/QD-UBND of the People’s Committee of Gia Lai Province issued on 21st March, 2018 ✓ Decision No.52/2019/QD-UBND of the People’s Committee of Gia Lai province issued on 20th December 2019 on promulgating land prices from 2020 to 2024 in Chu Prong district, Gia Lai province; ✓ Decision No.09/2018/QD-UBND of the People’s Committee of Gia Lai Province issued on 21st March, 2018 on compensation, support and resettlement upon land recovery by the State in Gia Lai province; ✓ Decision No.342/2016/QD-UBND of the People’s Committee of Gia Lai Province issued on May 26th, 2016 on promulgating price unit of crops and trees in the province; ✓ Decision No.10/2013/QD-UBND of the People’s Committee of Gia Lai Province issued on May 22th, 2013 on promulgating unit price of house, secondary structures of HHs, individual in the event of land acquired by the State over the Gia Lai Province area. 91. Gia Lai Provincial People’s Committee decisions on EM: ✓ Report No 48/BC-UBND dated 5/5/2020 of the People’s Committee of Gia Lai Province issued on the results of the implementation of the National Target Program on Sustainable Poverty Reduction 2016-2020 ✓ Report No 46/BC-UBND dated 5/5/2020 of the People’s Committee of Gia Lai Province issued on review the implementation of the Resolution No. 80 / NQ-CP dated May 19, 2011 of the Government on the sustainable poverty reduction orientation for the period from 2011 to 2020 ✓ Decision No.785/QĐ-UBND dated 5/8/2019 of the People’s Committee of Gia Lai Province issued on approval of the plan to select contractors for social security funding in Gia Lai province in 2019 ✓ Report 130/BC-UBND dated 9/10/2019 of the People’s Committee of Gia Lai Province issued on the implementation of ethnic minority by 2020 C. Reconciliation of Government and ADB Policies on IR and IP 92. With the promulgation of the Land Law 2013, including Decree No.47/2014/ND-CP and Decree No.43/2014/ND-CP, Decree No.44/2014/ND-CP, the policies and practices of the national Government have become more consistent with ADB’s Policy on Involuntary Resettlement (SPS 2009). However, there are still some significant gaps between the Government policies and the ADB’s Policy on Involuntary Resettlement.

93. The following table provides a gap analysis of ADB’s Policy (SPS 2009) and Government’s policy on involuntary resettlement and ethnic minority, and measures for filling gaps applied for the subproject. Table 19: Reconciliation of Government and ADB Policies on Involuntary Resettlement and ethnic minority Policy applied for the Issues Viet Nam policy ADB Policy (SPS 2009) Project Severely Decree 47/2014/ND-CP, The involuntary resettlement Losing 10% or more of the impacted APs Article 19, Item 3: APs impacts of an ADB- household’s losing productive losing at 30% or more of supported project are productive assets and/or land productive agriculture land considered significant if 200 relocation shall be are considered severely or more persons will considered as threshold of impacted and are entitled experience major impacts, severely affected HHs. to livelihood restoration which are defined as (i) measures. being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). APs without Land Law 2013, Article 77, Those APs without legal title Project affected people, LURC item 2 and Article 92: to land will be included in without legal or Persons who has used consultations. Ensure that recognizable legal claims land before 1st July 2004 Aps without titles to land, or to land acquired, will be and directly be involved in any recognizable legal equally entitled to agriculture production on rights to land, are eligible for participation in the acquired land without resettlement assistance and consultations and project LURC or illegal will be compensation for loss of benefit schemes where compensated for the non- land assets including possible, and be acquired land area but not dwellings, structures and compensated for their lost exceed quota of other improvements to land non-land assets such as agricultural land allocation. such as crops, irrigation, at dwellings and structures But no compensation for full replacement cost. which are non-land assets in the Safeguards cover occupied/created before following cases: (i) the involuntary restrictions on cut-off date and was not assets subject to the land land use or on access to violated to the regulations recovery as stipulated in legally designated parks and of the land law. They will be one of items a, b, d, đ, e, I, protected areas. Covers entitled to resettlement Clause 1, Article 64 and temporary and partial losses. assistance and other items b, d, clause 1, Article compensation social 65 of the Land Law 2013; support to assist them to the assets created after the improve and or at least notification on land restore their pre-project acquisition; and (iii) unused living standards and public infrastructures and income levels. other works. Compensation Land Law 2013,Article Compensation at full Compensation at full unit price for land 114, Clause 3: land price replacement cost. replacement cost. for compensation calculation is price of specific land parcel. Compensation Land Law 2013, article 89, Rate of compensation for Full compensation at for house Item 1: houses/structures acquired housing, land and replacement cost will be and structures used for living purpose will other assets will be paid for all affected be compensated at calculated at full structures without any replacement cost. replacement costs, based deductions for salvageable Decree 47, article 9: upon: i) fair market value, materials or depreciation. Houses/structures used ii) transaction costs, iii) interest accrued, iv)

for other purposes will be transitional and restoration compensated equal to the costs, v) other applicable remaining value of the payments. affected house plus some percentage of current value but total compensation amount is not exceed value of the new house/structure. Compensation Land Law 2013, Article 90: Compensation at full Compensation at specific for trees, crops compensation equal to the replacement cost cost that appraised by and livestock, value of the output of their independent appraiser annual crops, crops which will be perennial trees calculated based on the highest yield of crops season in 3 recent years multiplying with the average local price at the time of land acquisition. Compensation equal to the existing value of the orchard, calculated at the local price at the time of land acquisition excluding the value of land user right. Prepare Decree No. 47/2014/NĐ- Prepare a resettlement plan Prepare a resettlement Resettlement CP, article 28: plan Plan prepare compensation plan, assistance, resettlement when the State recovers land for the purpose of national defense and security; economic and social development as national interest, public. Ethnic Minority Action No provision of the Prepare an EM The EMDP shall be planning government on Development Plan (EMDP) Prepared and updated and preparation that is based on the social consultants will be of EMDP impact assessment recruited to assist the and meaningful consultation EMDP preparation, with the assistance of qualified Implementation and and experienced experts and monitoring. that draw on indigenous knowledge and participation by the affected EM communities. Recognition of The issues of customary Prepare an action plan for Full consultation with local customary rights or ancestral legal recognition of customary EMs will be made to define rights domains have not been rights to lands and territories areas with customary fully recognized. or ancestral domains when the rights and to reflect project involves (i) the issues in an activities that are contingent updated EMDP with on establishing legally particular actions to recognized protect or compensate the areas.

rights to lands and territories that EMs have traditionally owned or customarily used or occupied or (ii) involuntary acquisition of such lands. Third-party Not required. The borrower is required to In case of land validation Engage an independent third donations involving of consultation party to document the marginal portions of land, related to land negotiation and settlement the third party consultant donations processes to openly address will verify and report on the the risks of asymmetry negotiation and of information and bargaining Settlement processes as power of the parties involved part of the due diligence in such transactions. report. A voluntary donation form signed by the landowners, witnesses and village leaders will be attached in the report. Monitoring No monitoring indicators Monitoring indicators The IA must undertake indicated specified for internal and internal monitoring external monitoring and according to the critical reporting. In case of indicators. Anticipated significant or sensitive negative impacts of the impacts, an external project are minor, it is no monitoring organization is need an external required to conduct monitoring organization. monitoring on RP and EMDP implementation Note: 1 Full replacement costs, based upon: i) fair market value, ii) transaction costs, iii) interest accrued, iv) transitional and restoration costs, v) other applicable payments. D. Subproject policies 94. In pursuit of the above resettlement objectives, the following specific principles are adopted: (i) Poor and vulnerable non-titled land users will be provided appropriate assistance to help them improve their socioeconomic status. The type of assistance will be identified during REMDP/uREMDP preparation and as per consultation with APs. (ii) Payment for affected lands and assets upon lands will be based on the principle of replacement cost. (iii) Temporarily affected land will be restored to pre-Project conditions. (iv) RCS shall be carried by an experienced appraiser to identify the market rates and replacement costs for the affected lands and assets upon lands. (v) Assistance on life and production stabilization will be provided to those who lose 10% or more of their productive income generating assets and/or being physically displaced. The subproject will focus on strategies to avoid further impoverishment and create new opportunities to improve status of the poor and vulnerable persons and will be entitled to participate in an income restoration program, which will be mainstreamed in the District Extension Program. (vi) Assistance shall be provided in accordance with the current Provincial regulations for those below the official poverty line, and for vulnerable groups (e.g. female-headed HHs, elderly headed HHs etc.) as per consultation results. (vii) Social impacts assessment will be conducted and updated open to use of similar methods to assess potential project impacts, both positive and adverse, on EMs.

(viii) Capacity building programs for EMs in the project area will be provided. Meaningful consultations with local EMs will be carried in all stages of the Subproject. The grievance redress mechanism has been developed and will be discussed and disclosed publicly in the communities. (ix) The Subproject will ensure the rights of local EMs to benefit from the use of their cultural resource and knowledge. (x) The issues of access restriction and physical displacement from protected areas and natural resources will be avoided as much as possible. (xi) The REMDP shall be updated and consultants will be recruited to assist the REMDP updating, implementation and monitoring. (xii) Key information in the REMDP/uREMDP, including measurement of losses data, detailed asset valuation, compensation and resettlement options, detailed entitlements and special provisions, grievance procedures, timing of payments and displacement schedule will be disclosed to the APs in an understandable format and in the local language, such as the posting of the full REMDP in commune offices and the distribution of project information booklets (PIBs) to the APs. (xiii) Meaningful consultation with local EMs will be made to define areas with customary rights and to reflect the issues in an updated REMDP with particular actions to protect or compensate the areas. (xiv) Internal monitors of uREMDP implementation will be carried out. (xv) Civil works will not be issued a notice to proceed (NTP) for any subproject or project component that entails involuntary resettlement in accordance with the approved REMDP for that subproject or component until (I) compensation payment and relocation to new sites have been satisfactorily completed for that area, and (ii) agreed rehabilitation (income restoration) program is in place.

VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS

A. Eligibilities 95. Legal rights to the land concerned determine eligibility for compensation with regard to land. There are three types of APs: i) persons with Land Use Rights Certificates (LURCs) to land lost in entirety or partially, ii) persons who lose land they occupy who do not currently possess a LURC but have a claim that is recognized or recognizable under national laws, or, iii) persons who lose land they occupy in its entirety or partially who do not have any recognizable claim to that land. APs included under i) and ii) above shall be compensated for the affected land and assets upon land. APs included under iii) shall not be compensated for the affected land, but for the affected assets upon land and are entitled to assistance if they have to relocate. 96. All APs who satisfy the cut-off date for eligibility are entitled to compensation for their affected assets (land, structures, trees and crops), and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. 97. Non-eligible APs including those making claims based on subsequent occupation after the cut-off date. The cut-off date for eligibility will coincide with the day of announcement of the land acquisition within subproject areas as declared and published broadly by the District People Committee. The cut-off date for this subproject is 22 November 2019. B. Compensation and Assistance 98. The compensation, assistance for land acquisition and resettlement in the subproject, is implemented on the principle of replacement cost. According to Land Law 2013 of Viet Nam and project 32 policy, the specific land price for affected land were determined and approved by the PPC. The compensation unit prices for land are based on 2 provincial decisions, including Decision No.52/2019/QD- UBND of the People’s Committee of Gia Lai province issued on December 20th 2019 promulgating land prices in Chu Prong district to apply for the period of 2020 – 2024 and Decision No.19/2020/QD-UBND of People’s Committee of Gia Lai Province issued on 8th June 2020 promulgating land price adjustment coefficient applied in 2020 in Gia Lai province. During preparation the updated REMDP, these replacement costs have been consulted with the AHs and all of AHs have agreed on these compensation rates. 99. Compensation for structures: The compensation unit prices of structures are based on provincial decision (Decision. No. 10/2013/QD-UBND dated 22/5/2013 on promulgating unit price of compensation for house, secondary structures of HHs, individual in the event of land acquired by the State over the Gia Lai Province area). During preparation of the updated RP and the draft compensation plans for AHs, these prices have been consulted with the AHs and all of AHs have agreed on these compensation rates. The total cost of compensation for structures is 17,655,385VND. 100. Compensation for trees: Similar to structures, the compensation unit prices for trees also are based on the provincial decision (Decision No.342/QD-UBND of the People’s Committee of Gia Lai Province issued on May 26th, 2016 on promulgating the unit price of compensation for crops and trees in the province) with the agreement of AHs through consultations. The total cost of compensation for trees is VND 118,949,400 VND. 101. Assistance for job changing/creation: For the households who lost the agricultural land: Following the provincial policy, the cash assistance equivalent to 1.5 times the value of their affected land but not exceed agriculture land quota will be provided to affected households as the assistance for job training and creation. The total cost for changing/creation is 42,516,075 VND. 102. Unforeseen impacts. If there are any persons or HHs affected arising during the process of implementation of the subproject, a social impact assessment will be conducted after which the necessary compensation and/or assistance as applicable shall be also extended to them. C. Entitlement Matrix 103. Entitlement Matrix to be applied for this Sub-Project is presented in the table below.

Table 20: Entitlement matrix

No. Type of Loss/Impacts Level of Impact Eligibility Entitlements Implementation Arrangements

I. PRODUCTIVE LAND

Agricultural land of Partially All individuals, households Cash compensation for AHs shall be informed three individuals, permanent have LURC or have claim acquired land at replacement months in advance before the households loss (loss of recognized or recognizable by cost. Notice of land recovery. productive land law. Compensation for AHs shall fully receive the of the HH and the 2,185.3 m2 land of 9 trees/crops, structures see compensation and allowance at 1 remaining households including 243.1m2 item II below. the replacement cost before site unaffected of annual cropland, 1,942.2m2 Assistances in item III clearance. portion is viable of perennial cropland for continued use) Agricultural land of Permanent loss Eligible organization as Not compensation for the District CARB had verified the economic regulated in Article 75 of Land acquired land. source of money used for renting organizations leased Law 2013 Cash compensation for land from Government 3,852 m2 perennial cropland affected trees 2 (2 organizations include Chu Prong rubber company and Provincial Military Board hired this land area from PPC)

II. HOUSES AND STRUCTURES, CROPS AND TREES Crops/Trees Loss of or Owners regardless of Cash compensation at APs have the right to use damage to tenure status but crops/trees market price at the time of salvageable trees. crops/trees must be created before cut-off compensation APs will be given three months date. notice that the land on which their 209 rubber trees of Chu Prong crops are planted will be 3 Rubber Limited company and recovered and that they must Provincial Military Board; 138 harvest their crops on time. cashew trees, 2 tamarind APs will receive cash trees, 2 bamboo clusters of compensation at current market bamboo, 3 clusters of banana cost for any un-harvested crops 34

No. Type of Loss/Impacts Level of Impact Eligibility Entitlements Implementation Arrangements

bushes, 1 jackfruit and 1 that are near or ready to harvest pepper tree of 7 household at the time of land acquisition. Houses and Loss of or Owners regardless of Cash compensation at No depreciation or deduction of structures damage to tenure status but market price for new salvageable material will be houses and house/structures must be built/ construction of houses and calculated. structures created before cut-off date. structures with similar 547.8 m2 of fences, 9 m2 of technical standard at the roof and 5 m2 of cow shed of time of compensation. 6 households 4 Temporary impact with The culvert will be pick up by APs have the right to use 1402.09 m2 of concrete contractor and return to the temporary affected asset. yard/entrance, 227 culvert people. On the other hand, The work will be done during Ø300, 500 and some fences, ditch and reinforced concrete construction phase, PMU and signs of 76 households in 5 slabs cover will be construction supervision communes 3 constructed to provide the contractor will monitor this work entrance to the house. III. ECONOMIC REHABILITATION ASSISTANCES

Assistance for job Permanent Households that will lose Assistance for job Assistance will be paid at the training or job impact agriculture land training/creation at prices, same time of compensation 5 creation due to loss equal to 1.5 times of value of payment and before site of productive land agriculture land lost clearance.

3 76 AHs in 5 communes include 6 AHs in Ia Bang, 43 AHs in Ia Tor, 17 AHs in Ia Pia, 3 AHs in Ia Me and 7 AHs in Ia Ga) 35

VIII. ETHNIC MINORITY ACTION PLAN 104. Number of ethnics living in Chu Prong district is 34 groups and in subproject area are 06 groups. The average percentage of ethnic minorities in 6 communes is 56.77%. The main ethnic group in the subproject area is J’Rai (about 95%), the other ethnic groups are Muong, Tay, Nung, Thai ... accounting for 0.05% to 4% of the total population. 105. The majority of ethnic minorities in the project area are workers and farmers. They have fields to grow cassava, coffee, pepper and cashew. The households also raise livestock such as chicken and pigsat home to ensure food supply for the family. In recent years, many households have participated in livestock training programs, supporting cows, fertilizers, and guidance on planting trees according to standards to help improve productivity. In addition, some households work as seasonal workers in rubber companies. The average income of ethnic minority households has improved significantly in recent years, around 5 million VND / month. The literacy level of the ethnic minorities has been improved, children are facilitated to go to school, the illiteracy rate decreases with each year. 106. The cultural life of ethnic minorities in the 6 commune is quite diverse and rich. Each commune and hamlet have traditional house for community meetings and performance grounds for traditional festivals. The change of backward practices among ethnic minorities has made a positive change, implementing a civilized lifestyle in weddings, funerals, festivals, some negativity, and cumbersome procedures; backward customs and superstitions. A. Social Impact Assessment 107. Potential negative project impacts. A social impact assessment (SIA) has been conducted through census and DMS and meaningful consultation to identify the subproject impacts both positive and negative, and measures of negative impact mitigation and enhancing subproject benefits to local people. Results of SIA show that land acquisition is minor so that it does not much impact on income and livelihood of APs including EMs. 108. Potential negative project impacts: The current educational level and vocational skills of EMs are limited. It is therefore probable that any new employment opportunities may be taken by people coming from the outside and not by the local EMs. Moreover, under construction period, exterior laborers may bring health risks to EM peoples, particularly women, for instance, sexually transmitted diseases. The risk of social conflict can occur between the local communities and workers due to differences in religion, culture, ethnicity, or because of competition, the dispute in use of local resources. In addition, during construction, environmental pollution caused by dust, construction waste, noise may occur and affect people 109. Expected Positive impacts. The subproject will bring a lot of positive effects to local people in general and to EM women in particular. The potential impacts were discussed with EM people in meaningful consultations undertaken during the social impact assessment process as follows: (i) Improving transportation conditions of project communes where the EM people are majority, thus improving accessibility to the market, production locations, health and education locations of local people especially the EM people, reducing the cost and creating more value added to agricultural products; (ii) Creating new jobs/works for local people leading to improving income for them, particularly for poor EM women and/or vulnerable persons from the subproject; (iii) Providing opportunities to improve the status of women, especially EM women and enhance their participation in community activities through gender action plan; and (iv) Directly contributing to poverty alleviation in the subproject commune. B. Measures taken to minimize the negative impacts 110. In order to mitigate negative impacts on local peoples including EM people, before and during the subproject design, implementation, as well as monitoring process, the project staff will enhance the dissemination of project information to and conducting meaningful consultation with ethnic minorities to ensure that EM get maximum benefit from the advantage conditions brought by the subproject in culturally appropriate manner. 111. The measures to minimize resettlement impacts was applied: 36

✓ Alternative location selection: all components have been selected based on the existing roads and public vacant land. ✓ Design solution: roads will be designed within the existing road's ROW to minimize resettlement impact from households living or cultivating along these roads. ✓ Public consultation: during design and updating REMDP, public consultations with local people is conducted to inform people about project information as well as resettlement impacts. Broad discussion on design solutions, alternative location selection will be carried out aiming on minimizing land acquisition. Local people will be also informed of scope of land acquisition and resettlement implementation schedule, e.g informing 90 days before acquisition of agricultural land and 180 days for residential land acquisition, so that people will not cultivate or construct structures on the land to be acquired. ✓ During the construction period, contractors must use measures diminishing dust and noise and restore road quality if transportation vehicles cause damages. It needs measures of propagation on and prevention from risks of sexually transmitted diseases (if necessary). C. Ethnic minority development plan 112. Based on the analyses above, a simple EM action plan is necessary to facilitate EM affected people participating in project processes. The plan will provide new opportunities for EM people, increasing their income without making their burdens increase and to raise the social status of EM people in the subproject area. The targets of this plan are as follows: (i) Local contractors are encouraged to use local labor (both men and women) especially EM people for unskill work in construction/rehabilitation and maintenance; (ii) Local contractors will not use child labors; (iii) EM communities are consulted in the design of all project infrastructure improvements; (iv) Training on HIV prevention to EM community which will be combined and implemented under Gender Action Plan; (v) Provide training course on cultivation and husbandry skills which will be combined and implemented under Gender Action Plan based on need assessment; (vi) Further training on tourism business, trading etc will be carried out based on the consultation with EM people; (vii) Training on EM policy of ADB for implementation agencies at provincial, and local agencies (i.e.: PPMUs and other stakeholders) conducted by Loan implementation consultant; (viii) At least one member of the Commune Supervision Boards will be a representative of EM people. 113. Affected EM households will be benefited from their entitlements regulated in the Entitlement Matrix and current programs of the province targeting to the EMs. Therefore, costs for implementation and management of activities of EMDP implementation and management costs for activities in the EMDP will be integrated in the other project’s activities following simple EMDP. A part of the cost for implementing EMDP is in the operational costs of PISC consultants, training consultant, construction contractor (training, materials, other expenses. 114. There are some programs for supporting EM in the area such as the Socio-economic development program for extremely difficult communes in ethnic minority and mountainous areas (Program No.135), the plan No.824/KH-UBND on vocational training for rural labor in 2020. Some programs have been implemented in Chu Prong district such as support breeding cow, food crops, fertilizers. The Ethnic minority department will cooperate with PMU and PISC in implementing uREMDP and integrate local programs support EM people. 115. Table below present the activities and cost in the EMDP. Specific activities as well as funding allocation will be elaborated during the project implementation and will be updated in the semi-annual social monitoring report

Table 21: The activities and cost in the EMDP4

People get Item Activities Agency Timebound Cost Budget benefit The PR665 of the Subproject will be rehabilitated, upgraded to level IV - Mountainous, design speed is 40km/h. Roadbed width is designed 7.5m for the straight sections and 7.5m+W for the curved sections (W is the expanding Upgrading width); surface width is designed 5.5m Local people 10/2020- Construction contractor 365,203,263,911 ADB the PR 665 for the straight sections and 5.5+W for EM 12/2022 the curved sections (W is the expanding width), cross gradient is 2% 8 EM and local people will get benefit after the road is completed, helping to connect traffic and develop socioeconomic At least 50% of participants in consultation meetings during subproject design and implementation are women 8 EM households has participated in all In the cost of PMU, PISC, other Local people Consultation consultation meeting in detailed design 2017-2020 PISC, other Counterpart fund consultant phase, land acquisition notification, DMS EM consultant implementaion 8 EM will be invited in other consultation during project implementation Civil works will include option of hiring local unskilled workers in their bidding In the cost of Job documents, prioritizing in which the use Local people 10/2020 – Construction contractor construction Counterpart fund opportunities of female local workers 30% and ethnic 12/2022 EM contractor minority workers 45% of the unskilled labor force.

4 All activities are priorities for 8 affected EM. On the other side, these activities are also for EM people in subproject’s communes 38

People get Item Activities Agency Timebound Cost Budget benefit 8 ÉM households will be given priority in recruitment if they have demand to work as worked of contractor. It will be applied for other EM household in project’s area Male and female will receive equal salary for equal work In the cost of EM people in 8 EM households will Local people 10/2020 – receive equal salary for equal work if Construction contractor construction Counterpart fund EM 12/2022 they have demand to work as worked of contractor contractor. It will be applied for other EM people in project’s area Legally underage (child) labor will not be In the cost of Local people 10/2020 – employed on civil works. Construction contractor construction Counterpart fund EM 12/2022 contractor The project will carry out HIV/AIDS prevention and human trafficking awareness campaigns for communities PMU within in the project areas with targets of Ethnic minority 45% are ethnic minority people and 50% Committee/ Division In the cost of of participants are women. Labor, Invalids and Social Local people 10/2020 – PISC and Counterpart fund There are 3 times of training as expected Affairs Department of EM 12/2022 training (1 time before construction phase districts consultant (expect in 9/2020) and 2 times during Training on PISC construction phase capacity Training consultant building 8 EM household will be invited to attend all times of training

PMU In the cost of IEC materials are gender sensitive and Local people 10/2020 – PISC and PISC Counterpart fund use appropriate language. EM 12/2022 training Training consultant consultant Community facilitators will be trained Local people In the cost of and paid for having responsibilities for PMU 9/2020 Counterpart fund EM PISC and disseminating information and 39

People get Item Activities Agency Timebound Cost Budget benefit interacting with local communities. The Labor, Invalids and Social Community training targets are 20% -50% ethnic minority Affairs Department of facilitator consultant people and 50% of community districts facilitators to be women. PISC The training will be conducted before Training consultant construction phase (expect in 9/2020) and the consultant will support them during construction phase EM in 8 households will be given priority in participated in community facilitator

Community facilitators will be trained and involved in disseminating information and interacting with local communities. 50% of community PMU facilitators will be women and 20%-50% are ethnic minority people. Ethnic minority Committee/ Division Local people The training will be conducted before In the cost of Labor, Invalids and Social EM PISC and construction phase (expect in 9/2020) 9/2020 Counterpart fund and the consultant will support them Affairs Department of Community training during construction phase districts facilitator consultant EM in 8 households will be given priority PISC in participated in community facilitator Training consultant and training course

PMU Gender sensitive materials used for Ethnic minority Local people dissemination of information will be Committee/ Division In the cost of prepared to be suitable with the local EM PISC and 9/2020 Counterpart fund cultures and languages of 8 EM Labor, Invalids and Social training Affairs Department of Community households and other EM households in facilitator consultant project’s area districts PISC 40

People get Item Activities Agency Timebound Cost Budget benefit Training consultant Integrate local programs support EM PMU people Ethnic minority (Training on planting coffee, oranges Committee/ Division In the cost of and raising cow and chicken…) Labor, Invalids and Social EM 2020-2022 local training Counterpart fund Affairs Department of 8 EM households will be given priority in program participated in local programs support districts EM people if they have demand PISC Training consultant

Increased awareness of road safety PMU compliance measures among road Ethnic minority users. Committee/ Division 8 EM households will be given priority in In the cost of Labor, Invalids and Social Local people 10/2020 - participated in all training times. training Counterpart fund Affairs Department of 12/2022 EM consultant There are 3 times of training as expected districts on increasing awareness of road safety PISC with a total of 2 training courses/6 communes in each training period Training consultant

IX. RESETTLEMENT BUDGET AND FINANCING PLAN 116. As mentioned above, the compensation prices for affected land/assets in the subproject are based on the prices issued by Gia Lai PPC. The proposed compensation prices for affected land/assets were agreed by AHs/ organizations. Table 22: Replacement costs for land, structures, crops and trees Unit Price issued by PPC (VND) Agreed price (VND) No Item Coefficient Base price K (VND )

Land5 Agricultural land for VND/m2 perennial crops 1 1 21,000 21,000 (position 1) within residential areas Agricultural land for VND/m2 2 perennial crops 1 12,100 12,100 (position 1) Agricultural land for VND/m2 3 perennial crops 1 11,000 11,000 (position 2) Agricultural land for VND/m2 4 annual crops within 1 12,100 12,100 residential areas Structure6 7 Wooden pillar fence m2 1.1 16,500 18,150 8 Roof m2 1.1 490,600 539,660 9 Cow cage m2 1.1 519,250 571,175 Trees VND/each 1.0 13 Cashew is harvested 408,000 408,000 VND/each 1.0 14 Cashew is plant 194,000 194,000 Tamarind (6-16 VND/each 1.0 15 years) 355,000 355,000 16 Bamboo VND/each 1.0 123,200 123,200 17 Banana VND/each 1.0 100,000 100,000 18 Rubber trees VND/each 1.0 330,000 330,000 19 Jackfruit VND/each 1.0 245,000 245,000 20 Pepper VND/each 1.0 734,000 734,000 117. Budget for resettlement. The estimated cost in accordance with the unit prices above, including compensation for land and asset on land, allowance, cost for administration is VND 218,728,361 VND. EM action plan will be integrated with other activities in the project and local program, so it is no need arrangement of budget for EM activities.

5These coefficients are regulated in Decision No.19/2020/QD-UBND of People’s Committee of Gia Lai Province issued on 8th June 2020 promulgating land price adjustment coefficient applied in 2020 in Gia Lai province 6These coefficients are regulated in annex 5, Decision No.10/2013/QD-UBND of the People’s Committee of Gia Lai Province issued on May 22th, 2013 on promulgating unit price of house, secondary structures of HHs, individual in the event of land acquired by the State over the Gia Lai Province area 42

118. The budget for resettlement will be funded by the Gia Lai PPC using the provincial budget and allocated sufficiently and timely based on schedule of subproject resettlement implementation. Table 23: Compensation budget Unit Total cost No Item Unit Number price (VND) (VND) 1 Land compensation 27,226,650 Agricultural land for perennial crops m2 121.00 21,000 2,541,000 (position 1) within residential areas Agricultural land for perennial crops m2 1,555.40 12,100 18,820,340 (position 1) Agricultural land for perennial crops m2 265.80 11,000 2,923,800 (position 2) Agricultural land for annual crops m2 243.10 12,100 2,941,510 within residential areas 2 Structure compensation 17,655,385 Wooden pillar fence m2 547.80 18150 9,942,570 Roof m2 9.00 539660 4,856,940 Cow cage m 5.00 571175 2,855,875 3 Trees compensation 118,949,400 Cashew is harvested each 98 408,000 39,984,000 Cashew is plant each 40 194,000 7,760,000 Tamarind (6-16 years) each 2 355,000 710,000 Bamboo each 2 123,200 246,400 Banana each 3 100,000 300,000 Rubber trees each 209 330,000 68,970,000 Jackfruit each 1 245,000 245,000 Pepper each 1 734,000 734,000 4 Support 42,516,075 1,5 * value of Support for job changing/creation time agricultural 42,516,075 land Total direct cost 206,347,510 Administration expenses 6% 12,380,851 (implementation of land clearance) Total 218,728,361

X. INSTITUTIONAL ARRANGEMENT A. Province Level 119. Gia Lai Provincial People’s Committee (PPC) with the role of Executing Agency, is responsible for implementation of resettlement activities within its administrative jurisdiction. The main responsibilities of PPC include: (i) Appraise and approve REMDP/uREMDP; (ii) Issue decisions for approving land valuations applied for compensation rates, allowances and other supports to APs, especially vulnerable groups, based on principles of REMDP/uREMDP;

(iii) Provide timely the budget for compensation, support and resettlement; (iv) Direct and supervise provincial relevant departments to implement effectively the REMDP/uREMDP. (v) Authorize the district-level People’s Committees to approve compensation, assistance and resettlement plans; (vi) Directing the relevant agencies to settle APs’ complaints, grievances related to compensation, assistance and resettlement according to their law-prescribed competence; (vii) Directing the relevant agencies to examine and handle the violations in the compensation, assistance and resettlement domain. 120. Gia Lai Provincial Department of Planning and Investment (DPI) authorized by Gia Lai PPC as Project Owner, is responsible for: (viii) Managing the project loan allocated for subprojects in Gia Lai province; (ix) Establishing Provincial Project Management Unit (PMU); (x) Directing PPMU to implement all project activities including REMDP according to the regulations of government and ADB policies; (xi) Ensuring budget available for implementation of land acquisition in time; (xii) Coordinating with relevant agencies to ensure timely redress of complaints or grievances of APs; (xiii) Supervising project implementation. 121. Ethnic minority committee of Gia Lai Province will direct EM department of districts and supervise on implementation of EM action plan. 122. Gia Lai Provincial Project Management Unit (PPMU), on behalf of project owner is responsible for comprehensive uREMDP implementation and internal monitoring. The main tasks of PPMU include. (i) Preparing, updating, and monitoring uREMDP implementation of project components; (ii) Guiding CARB to implement all resettlement activities in compliance with the approved REMDP; and resolving any mistakes or shortcomings identified by internal monitoring to ensure that the objectives of the uREMDP are met; (iii) Conducting, in combination with CARB and CPCs, information campaigns and stakeholder consultation in accordance with established project guidelines; (iv) Coordinating with relevant agencies to ensure timely: providing compensation, support and rehabilitation measures, and resolving of complaints or grievances of APs; (v) Implementing internal resettlement monitoring, establishing and maintaining resettlement and grievance databases in accordance with procedures and requirements in approved uREMDP and providing regular reports to Gia Lai PPC, DPI and ADB; (vi) Implementing prompt corrective actions in response to internal monitoring. B. District Level 123. The DPC undertakes comprehensive management on compensation, assistance and resettlement. The DPC is responsible to the PPC to report on progress, and the result of land acquisition. The DPC’s primary task includes: (i) Approving the schedule and monitoring the progress of land acquisition and resettlement implementation in compliance with uREMDP; (ii) Establishing a District Compensation, Assistance and Resettlement Board (CARB) and directing them and relevant district departments to appraise and implement the detailed compensation, assistance and resettlement;

(iii) Approving and taking responsibility on the legal basis, and accuracy of the detailed compensation, assistance and resettlement plans in the local area; Approving cost estimates on implementation of compensation, assistance and resettlement work; (iv) Taking responsibility for acquiring LURC, certificate on land owning right of HHs and individuals who have land, house entirely recovered; adjusting LURC for HHs and individuals who have land, house partially recovered, in accordance with authorization; (v) Directing Commune People’s Committees and relevant organizations on implementation of various resettlement and EM activities; (vi) Resolving complaints and grievances of APs 124. Chu Prong Compensation, Assistance and Resettlement Board (CARB): The main responsibilities of CARB are the following: (i) Organize, plan and carry out compensation, assistance and resettlement activities; (ii) Perform the DMS, consultation and disclosure activities, design and implementation of income restoration program, coordination with various stakeholders; (iii) Prepare compensation plan and submit to DPC for approval. Implement compensation, assistance and resettlement alternative; Take responsibility for legal basis applied in compensation, assistance and resettlement policy following approved uREMDP; (iv) Assist in the identification and allocation of land for relocated HHs; (v) Lead and coordinate with the CPC in the timely delivery of compensation payment and other entitlements to AHs; and (vi) Assist in the resolution of grievances. 125. Ethnic minority department of districts: This department in combination with PPMU and other agencies is responsible to carry out: (i) all mitigation measures to reduce potential negative impacts of the subproject on EM people; (ii) programs of information propagation and technical assistance to the EM community; (iii) Information propagation of HIV/AIDS, women trafficking; Information dissemination on social evils and propaganda on indigenous cultural values and preservation of the values. C. Commune Level 126. The CPC will assist the CARB in their resettlement tasks. Specifically, the CPC will be responsible for the following: (i) In cooperation with District level and with local mass organizations at commune level, mobilize people who will be acquired to implement the compensation, assistance and settlement policy according to approved uREMDP; (ii) To cooperate with CARB to communicate the reason for acquisition to the people whose land is to be acquired; To notify and publicize all resettlement options on compensation, assistance and resettlement which are approved by DPC; (iii) Assign Commune officials to assist the CARB in the updating of the REMDP and implementation of resettlement and EM activities; (iv) Identify replacement land for Ahs (if land is available); (v) Sign the Agreement Compensation Forms along with the AHs; (vi) Assist in the resolution of grievances; and, (vii) Actively participate in all resettlement and EM activities and concerns.

XI. IMPLEMENTATION SCHEDULE 127. The implementation schedule for resettlement activities for the subproject is presented in Table including (i) activities that have been completed to update the REMDP; (ii) resettlement implementation activities and, (iii) internal monitoring activities. Table 24: Indicative Schedule of Resettlement and Compensation Activities

Activity Time Update REMDP Detailed measurement survey December 2019 – April 2020 Consultation with affected household December 2019 – June 2020 Replacement cost survey June 2020 Consultation on the draft compensation plan June 2020 Update REMDP based on DMS, RCS and draft July 2020 compensation plan ADB issue no-objection letter on uREMDP August 2020 Implement uREMDP Submit the compensation plan for DPC approval August 2020 Payment of compensation August – September 2020 Site clearance August – September 2020 Commencement of construction October 2020 Supervision From having DMS results to Prepare internal report with PISC support completion of all social safeguards implementation

XII. MONITORING AND EVALUATION 128. The implementation of the uREMDP will be monitored regularly to ensure that it is implemented as planned and that mitigating measures designed to address the subproject’s adverse impacts are adequate and effective. Towards this end, resettlement monitoring will be done through community monitoring and internal monitoring. External monitoring is not required for the subproject due to category B and uncomplicated subproject. A. Community Monitoring 129. Community-based monitoring will be applied for public oversight over the implementation of the subproject’s REMDP. The PMU will encourage people and especially the APs in the subproject area to monitor the REMDP implementation in terms of what they receive as compensation compared what is stated in the REMDP. B. Internal Monitoring 130. The objectives of internal monitoring (as well as evaluation) is to assess: (i) Compliance with the agreed uREMDP; (ii) The availability of resources and the efficient, effective use of these resources to implement land acquisition and resettlement activities; (iii) That resettlement institutions are well-functioning during the course of project implementation;

(iv) Resettlement and EM activities are undertaken in accordance with the implementation schedule described in the REMDP; (v) To identify problems, if any, and remedial actions. 131. PMU take main responsibility for internal monitoring as the project implementing agency. The PPMU will be responsible for overseeing the formation, function, and activities of each of the provincial and district bodies responsible for resettlement and EMs. The DCARB will submit monthly progress reports on the implementation of REMDP to the PPMU. The PPMU will consolidate all provincial reports into the project performance monitoring system, which will be used to prepare regular progress reports to submit to ADB. All data will be gender and ethnicity disaggregated. 132. The PPMU will develop an internal monitoring schedule, indicators, procedures and reporting requirements for all subprojects. Semi-annual internal monitoring reports are submitted to ADB for review and upload on ADB website. Internal monitoring indicators will include but not limited to the following issues: (i) Displaced persons and compensation: the number of APs by category of impact; the status of delivery of compensation and subsistence, moving and other allowances; (ii) Status of rehabilitation and income restoration activities: The number of APs severely affected by a) loss of productive assets and/or b) displacement; the number of vulnerable APs; the status of relocation of displaced APs; the status of assistance for income restoration; (iii) Information disclosure and meaningful consultation: number and scope of public meetings and/or consultations with APs; status of notifications to APs; summary of AP needs, preference and concerns raised during meetings and consultations of APs including EM Aps who are benefited from the project; (iv) Complaints and grievances: summary of types of complaints received; steps taken to resolve them; outcomes; and, any outstanding issues requiring further management by district or provincial authorities or ADB assistance; (v) Financial management: the amount of funds allocated for compensation, operations and other activities; the amount of funds disbursed for each; (vi) Resettlement schedule: completed activities as per schedule; delays and deviances, including reasons; revised resettlement schedule; (vii) Coordination of resettlement activities with award of contract for civil works: status of completion of resettlement activities and projected date for award of civil works contracts; (viii) Ethnic groups, particularly ethnic women, benefited from the project interventions; (ix) Implementation problems: problems that have arisen, reasons and corrective actions to remedy outstanding issues.

ANNEX 1 PROJECT INFORMATION BOOKLET

Project information booklet in English 1. Project “Support to border areas development project, ADB loan – Gia Lai subproject” 2. Fund: ADB and counterpart fund 3. Total investment: 22.100.000 USD (ADB fund: 20.000.000 USD, counterpart fund: 2.100.000 USD) 4. Excuting agency: Gia Lai PPC 5. Implementing agency: Gia Lai DPI 6. Implementation time: 2016-2022 7. Location: Ia Băng, Ia Tôr, Ia Pia, Ia Me, Ia Ga, Ia Mơr commune 8. Project policy ✓ Poor and vulnerable non-titled land users will be provided appropriate assistance to help them improve their socioeconomic status. The type of assistance will be identified during uREMDP preparation as per consultation with APs. ✓ Payment for affected lands and assets upon lands will be based on the principle of replacement cost. ✓ Temporarily affected land will be restored to pre-Project conditions. ✓ RCS shall be carried by an experienced appraiser to identify the market rates and replacement costs for the affected lands and assets upon lands. ✓ Assistance on life and production stabilization will be provided to those who lose 10% or more of their productive income generating assets and/or being physically displaced. The subproject will focus on strategies to avoid further impoverishment and create new opportunities to improve status of the poor and vulnerable persons and will be entitled to participate in an income restoration program, which will be mainstreamed in the District Extension Program. ✓ Assistance shall be provided in accordance with the current Provincial regulations for those below the official poverty line, and for vulnerable groups (e.g. female-headed HHs, elderly headed HHs etc.) as per consultation results. ✓ Social impacts assessment will be conducted and updated open to use of similar methods to assess potential project impacts, both positive and adverse, on EMs. ✓ Capacity building programs for EMs in the project area will be provided. Meaningful consultations with local EMs will be carried in all stages of the Subproject. The grievance redress mechanism has been developed and will be discussed and disclosed publicly in the communities. ✓ The Subproject will ensure the rights of local EMs to benefit from the use of their cultural resource and knowledge. ✓ The issues of access restriction and physical displacement from protected areas and natural resources will be avoided as much as possible. ✓ The REMDP shall be updated and consultants will be recruited to assist the REMDP updating, implementation and monitoring. ✓ Key information in the REMDP, including measurement of losses data, detailed asset valuation, compensation and resettlement options, detailed entitlements and special provisions, grievance procedures, timing of payments and displacement schedule will be disclosed to the APs in an understandable format and in the local language, such as the posting of the full REMDP in commune offices and the distribution of project information booklets (PIBs) to the APs. ✓ Meaningful consultation with local EMs will be made to define areas with customary rights and to reflect the issues in an updated REMDP with particular actions to protect or compensate the areas. ✓ Internal monitors of REMDP implementation will be carried out. ✓ Civil works will not be issued a notice to proceed (NTP) for any subproject or project component that entails involuntary resettlement in accordance with the approved REMDP for that subproject or component until (I) compensation payment and relocation to new sites have been satisfactorily completed for that area, and (ii) agreed rehabilitation (income restoration) program is in place.

ANNEX 2: MINUTES OF PUBLIC CONSULTATION AND LIST OF ATTENDEES

Consultation in Ia Mo in 6/2020

Minute of public consultation in English Content: Replcaement cost survey of affected tree in the component “Upgrading of PR 665” in the Support to border areas development project, ADB loan – Gia Lai subproject Implementation follow on the decision No 667/QD-UBND dated 14/7/2016 of the People's Committee of Gia Lai province on approval of the safeguard policy applied on the Support to border areas development project, ADB loan – Gia Lai subproject Today, at 8h00 on 17/6/2020, in Ia Tor commune, the participant including 1. The Compensation and Clearance Board of Chu Prong District 2. Representative of Ia Mo commune’s authority 3. Representative of Ia Mo Commune Party Committee 4. Representative of Ia Mo Fatherland Front 5. Representative of affected household II. Discussion: - Pursuant to the Decision No.667/QD-UBND dated 14/7/2016 of the People's Committee of Gia Lai province on approval of the safeguard policy applied on the Support to border areas development project, ADB loan – Gia Lai subproject. The Compensation and Clearance Board of Chu Prong District has conducted survey and determined the price of structures to be basic of compensation plan for affected households and organization/units - After site survey and refer to the Decision No 342/QD-UBND dated 14/7/2016 of People's Committee of Gia Lai province on issuing the price of tree, crop in Gia Lai province, the result shows that the price of tree in the Decision No 342/QD-UBND is in accordance with the current situation. Hence, the Compensation and Clearance Board of Chu Prong District propose the unit price of tree of affected households and organization as follows: Cashew in harvest: 408.000 VND/each Cashew 1-3 years: 194.000 VND/each Tamarind 6-16 years: 335.000 VND/each Bamboo: 123.200 VND/each Banana: 100.000 VND/each Rubber 7 years: 330.000 VND/each III. Conclusion Representatives of the parties agreed with the content discussed; Each party keep 01 copy to be basis of implementaton The meeting ended on 11:00 am the same day.

Signed by all parties

Consultation in Ia Bang in 2/2020 Minute of public consultation in English Content: Consultation with local authority and local people in the resettlement, compensation of the component “Upgrading of PR 665” in the Support to border areas development project, ADB loan – Gia Lai subproject On 18/02/2020, the participant including - The representative of PMU - The representative of authority - The representative of mass organization - The representative of PISC - The representative of affected household II. Objective of the consultation: - Dissementation of project’s information, detailed design - Detailed measurment survey - The replacement cost - The support policy - Living condition of HHs, impact of the subproject - Review the affected households - Consultation some household along the road - Gather the comments of households III. The results of consultation - The road goes through Bak-Kuo, Phun Tah, Klah-Bang village; - The household lives from the Phu My section - The road is expected to constructed for recent years. There is dust, noise during rainny season and and flood in the dry season, so that the local people hope the road will be constructed soon

- The local people had adjusted the culvert to avoid water affecting yard, houses - One female people express the road will be done soon, the cost of compensation is about several hundred thousand which is not enough. It is good to return the site as before (Bknao) - The women agreed on the recruitment of female worker, the salary per day of people is about 200.000- 250.000 VND - The people don’t have complaint about the project. Also, they agreed on restoration of site as before. 3 business households at the begining of the road agreed with the project - Mrs Loan expects the road will be done soon which will make clrearly condition - Mrs. Hung said that the dust of current road will affect health of the children so the road need to conduct soon - Mr Hac agreed on the restoration of site as before, the construction contractor need to build temporary road for movement - Mr. Nhat agreed on implementation of the project. He will move his assess by himself if affected IV. Conclusion All parties agreed with the content discussed; Each party keep 01 copy to be basis of implementaton The meeting ended on 11:00 am the same day. Signed by all parties

Consultation with household along the road in 3/2020 Minute of public consultation in English Content: Consultation with local people in detailed measurement survey, compensation and site clearance On 9/3/2020, the participant including: 1. Representative of the client 2. Representative of affected household II. Objective of the consultation: - Detailed measurment survey - In order to update the resettlement and ethnic minority development plan of PR665 III. The content of consultation Consultation with the household may affected on the following contents: - Dissementation of project’s information, detailed design - The support policy - Living condition and job of household, and the affect to household in living life if any - Gather the comments of households, another party... IV. The result of consultation - After listening to the project, the household get detailed information of the project and expect the road will be done soon - Both parties agreed with the detailed measurement results: Concrete panel with 10m length, 1.6m width (break in some position) The number of D30 culvert: 10 unit with 1m length of each culvert

The household comment: The concrete panel is constructed in the transportation land by themself. They committed that they will not have any comment on this problem when construction of road Each party keep 01 copy to be basis of implementaton The meeting ended on the same day.

Signed by all parties

APPENDIX 3: SAMPLE OF THE QUESTIONNAIRE TO COLLECT INFORMATION FROM AFTECTED HOUSEHOLD