Social Monitoring Report

Project Number: 44265-013 Semi-annual Report (July-December 2018) February 2019

VIE: Second Health Care in the Central Highlands Project

Prepared by the Ministry of Health, Central Project Management Unit for the Asian Development Bank.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

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.

CONTENTS

I. INTRODUCTION AND PROJECT BACKGROUND 5

II. LEGAL AND POLICY FRAMEWORK 6

III. POLICY ON LAND ACQUISITION AND COMPENSATION OF PROJECT 9

IV. LAND ACQUISITION AND INVOLUNTARY RESETTLEMENT 11

4.1. Land acquisition scope and resettlement 11 4.2. Current status of land usage at sub-projects 15 4.3. Situation of sub-projects affected by land acquisition 20 4.4. Impact level of the project 21 VI. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE 24

5.1. Public consultation 24 5.2. Results of public consultation and information dissemination 25 VI. GRIEVANCE REDRESS MECHANISM 27

VII. EVALUATION ON SOCIAL MONITORING COMPLIANCE LEVEL 29

VIII. CONCLUSION 32

APPENDICES 33

a. Safeguard monitoring Form S.1: Social Impacts 33 b. Summary matrix of the findings of LAR assessment of the projects’ component or subprojects 36 c. Maps, photos or sketch of the subproject areas with LAR issues indicated 40 d. List of the person met during the assessment/ survey activities 44

Abbreviations and Acronyms

ADB Asian Development Bank ADF Asian Development Fund

CHSs Commune health stations CPC Commune People’s Committee CPMU Central Project Management Unit CRC Compensation and Resettlement Committee DMS Detailed Measurement Survey DNRE Department of Natural Resources and Environment DOF Department of Finance DPs Displaced Persons DPC District People’s Committee GOV Government of Vietnam

ICPs Inter-communal polyclinics LURC Land Use Right Certificate MOF Ministry of Finance MOH Ministry of Health SPS Safeguard Policy Statement PAHs Project Affected Households PPC Provincial People’s Committee PPMU Provincial Project Management Unit RPF Resettlement Policy framework ToR Term of Reference USD US Dollar VND Viet Nam Dong

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DEFINITION OF TERMS

Vulnerable Groups Separate groups who could be adversely affected by the relocation (Poor households, ethnic minority groups, handicapped people...)

Resettlement is the general term related to land acquisition and compensation for loss of asset whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood.

Compensation/supportFinancial/materialized compensation for PAH, including cost estimate and loss redress. Income restoration is the process to recover income, production activities and living standard for long time. Resettlement Plan Completion of Action Plan with fully timetable and detailed budget for developing resettlement strategy, objectives, rights, actions, responsibilities, monitoring and evaluation. Replacement Cost is the necessary amount of money to replace lost assets basing on their actual/market values including transaction cost. This cost is calculated basing on the respective norm as regulated.

Living Standard Supplement of compensation for assuring DP who suffer seriously from Recovery loss of production material, loss of income/job or means of livelihood to have an equally or better living standard.

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I. INTRODUCTION AND PROJECT BACKGROUND

The Second Health Care in the Central Highlands Project (HICH2, or the Project) was approved by the Asian Development Bank (ADB) on 30 September 2013 and became effective on 23 June 2014 in the 5 provinces (Dak Lak, Lam Dong, Gia Lai, Kom Tum and Dak Nong) of Viet Nam. The loan closing date will be on 31 December 2019. Project completion date is expected to be on 30 June 2019. The project consists of an original loan amount of $70 million from ADB’s Special Fund resources, the Asian Development Fund (ADF), and Government counterpart funds equivalent to $6.6million.

The objective of the Project is to increase use of maternal and child health services in district hospitals, inter-communal polyclinics (ICPs) and commune health stations (CHSs) by: (i) building new, upgrading some CHSs, ICPs and district hospitals including WWTPs, (ii) providing medical equipment and HMIS at the central, provincial, district, commune and village levels, (iii) developing human health resources through long-term and short-term training courses in professional and managerial skills and (iv) service access support:

The Project comprises the following components in the Target Provinces: – Component A: Improved Access and Quality of Community Health Care – Component B: Increased Access and Quality of Hospital Services – Component C: Strengthened Provincial Health System Management The project will support improved community health care with a focus on maternal and child care for the poor and ethnic groups in rural locations. With support from district health offices, at least 20% of the rural CHSs will be selected to work with surrounding villages to improve community health care through outreach services, including health and nutrition promotion and maternal and child care. The project builds on and expands earlier programs for improving basic health care using standard packages and quality assurance mechanisms and will help improve the health system and address gaps in resources.

The Project is implementing in the 5 provinces (Dak Nong, Dak Lak, Lam Dong, Gia Lai and Kon Tum) and the succeeding table shows the descriptions of sub-components related to construction and upgrading works, the locations of the 5 project provinces is shown in the Table 1.

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Table 1. Description of construction and upgrading works of the Project.

No Province Description of subproject components 1 Dak Nong Construction and upgrading of 17 Commune Health Stations (CHSs): Upgrading Dak R’Lap District Hospital: Construction of a new treatment ward 2-storey building with an area of 300m2; Rehabilitation of an existing single storey house with the area of 120m2 2 Dak Lak Upgrading inter-communal polyclinic 719: Upgrading the main building: 2- storey building, Construction of a treatment ward: 2-storey building and a bridging house: 2-storey building Construction of Krong Buk District Hospital: Construction of a main building and ancillary works 3 Lam Dong Construction and upgrading of 3 District Health Centers and 9 inter- communal polyclinics. The works also include of constructing auxiliary facilities namely WC house, parking yard, incrinerator and service house 4 Kom Tum Construction and upgrade of 35 Commune Health Stations (CHSs) that are single-storey houses with 11 rooms and the minimum area of 150 m2 meeting the required standards of MOH for CHSs. The works also include of constructing auxiliary facilities namely WC house, parking yard, incrinerator and service house 5 Gia Lai Construction and upgrade of 3 District Health Centers and 5 Commune Health Stations (CHSs) that are single-storey houses with 11 rooms and the minimum area of 150 m2 meeting the required standards of MOH for CHSs. The works also include of constructing auxiliary facilities namely WC house, parking yard, incrinerator and service house

Project outputs. The project will have three key outputs: (i) improved access and quality of community health care, (ii) increased access and quality of hospital services, and (iii) strengthened provincial health system management. The project will provide support in the five provinces of the Central Highlands, in particular, for activities to improve health care for the poor, ethnic groups, and women and children living in remote communities.

II. LEGAL AND POLICY FRAMEWORK 2.1. ADB’s Policy Framework

The Safeguard Policy Statement (SPS) is designed to promote the sustainability of project outcomes by protecting the environment and people from potential adverse effects of the project. The activities of the project should avoid negative impacts of the projects on the environment and affected people, if possible; mitigating, minimizing, compensating for negative impacts on the environment and affected people; while helping people to strengthen their protection systems and develop their capacity to manage environmental and social risks. 6

This semi-annual social monitoring report has been prepared in accordance with the ADB Safeguard Policy Statement (SPS, 2009). Accordingly, safety measures need to be taken to avoid or mitigate the impacts of the project activities on affected households and the vulnerable group. Safeguard policies also require the project to ensure that the rights of people affected by the projects are supported, compensated for damages or unwanted effects to ensure they have a stable life, at least must be equal to before they were affected by the project. The ADB safeguard Policy framework includes:

(i) Carry out meaningful consultations with affected persons, host communities, and concerned non-governmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. (ii) Improve or at least restore, the livelihoods of all displaced persons through (a) land- based resettlement strategies when affected livelihoods are land-based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (b) prompt replacement of assets with access to assets of equal or higher value; (c) prompt compensation at full replacement cost for assets that cannot be restored; and, (d) additional revenues and services through benefit sharing schemes where possible. (iii) Provide physically displaced persons with needed assistance, including the following: (a) Secure land tenure on land identified for new sites and (b) if necessary transitional support and development assistance such as land development, credit facilities, training, or employment opportunities. (iv) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards and provide access to land and other resources that is both legal and affordable. (v) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (vi) Pay compensation and provide other resettlement entitlements before physical or economic displacement and implement the resettlement plan under close supervision throughout project implementation. (vii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring and disclose these monitoring results.

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2.2. Vietnamese Laws, Decrees, and Circulars

The legislation of the Socialist Republic of Vietnam applied include: - The Land Law, dated on 26 November 2003, revised 2013 and approved by the National Assembly in November 2014.

- Decree No. 1/2017/ND-CP, dated January 6, 2017 on amendments to the decrees on the implementation of the Land Law. - Decree No. 43/2014/ND-CP, dated May 15, 2014 guiding the implementation of Land Law 2013. - Decree No. 44/2014/ND-CP, dated May 15, 2014 by the Government on the evaluation of land prices. - Decree No. 45/2014/ND-CP dated May 15, 2014 by the Government providing the collection of land use levies. - Decree No. 46/2014/ND-CP, dated May 15, 2014 by the Government providing the collection levies on land lease, water surface lease. - Decree No. 47/2014/ND-CP, dated May 15, 2014 by the Government on compensation, assistance, and resettlement in the event of land recovery by the State. - Decree No. 16/2016/ND-CP, dated March 16, 2016 on Management and Utilization of Official Development Assistance (ODA) and Concessional Loans of concessional loans Foreign Donors. Circulars - Circular No. 23/2014/TT-BTNMT, dated May 19, 2014 by MONRE regulating Land Use Right Certificate (LURC), right to ownership of housing and other assets attached to land. - Circular No. 24/2014/BTNMT, dated May 19, 2014 by MONRE regulating cadastral dossiers. - Circular No. 28/2014/BTNMT, dated June 2, 2014 by MONRE regulating land statistic and inventory and development of current land use map. - Circular No. 29/2014/BTNMT, dated June 2, 2014 by MONRE regulating details of making and amending land use planning. - Circular No. 30/2014/BTNMT, dated June 2, 2014 by MONRE regulating dossiers of handing over land, leasing land, converting land use purpose, and land acquisition. - Circular No. 36/2014/TT-BTNMT, dated June 30, 2014 on land pricing method; compilation of and adjustment to land prices; determination of specific land prices and consultancy on land pricing. - Circular No. 37/2014/TT-BTNMT, dated June 30, 2014 on compensation, assistance and resettlement in the event of land recovery by the State. - Circular No. 76 dated June 16, 2014by MoF guiding some articles of Decree No. 45/2014/ND-CP on land use levy collection. - Circular No. 77 dated June 16, 2014 by MoF guiding Decree No. 46/2014/ND-CP on collection of land rental water surface.

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- Circular No. 02/2015/TT-BTNMT, dated January 27, 2015 by MONRE detailing a number of articles of Decree No. 43/2014/ND-CP and Decree No.44/2014/ND-CP dated May 15, 2014 by the Government. Decisions of the Government - Decision No. 1956/2009/QD-TTg, dated November 17, 2009 by the Prime Minister approving the Master Plan on vocational training for rural workers to 2020. - Decision No. 63/2015/QD-TTg dated December 10, 2015 of the Prime Minister on policy on assistance in vocational training and job search for workers whose land is withdrawn by the State The State reserves the right to expropriate land when truly necessary, in cases of national defence or security, or national and public interest. In these cases, the land user will be compensated for loss of possessions. The “national and public interest” is defined in Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government, including infrastructure projects detailing a number of articles and clauses of the Land Law revised on 2013 on compensation, settled; land price; collection of land use fees; collection of land rents and water surface rents; The sanctioning of administrative violations in the land domain shall comply with other decrees of the Government. Before land is expropriated, the land user must be informed of the reason for expropriation, time schedule and plan for relocation, if necessary, and options for compensation.

Sub-projects under HICH2 project has come into the construction phase. Most of the sub-projects have been identified and assigned with the sites for construction works. However, to ensure safeguards during project implementation, safety frameworks are in place requiring sub-projects to ensure that safeguard policies are met. As a result, the resettlement due deligence report was prepared to monitor and supervise the sub-projects to avoid the risk of non-compliance with ADB and the Government of Vietnam's safeguard policies.

The Policy Framework sets the principles and objectives, eligibility criteria of DPs, entitlements, legal and institutional framework, modes of compensation and rehabilitation, peoples participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the Screen projects early on to identify past, present, and future involuntary resettlement impacts and risks.

III. POLICY ON LAND ACQUISITION AND COMPENSATION OF PROJECT

Based on ADB's social safeguard policy and the Vietnamese government policy, affected households in the project are identified as: The DPs include the following persons to be identified by the baseline information collected:

(a) Persons whose houses are in part or in total affected (temporarily or permanently) by the project;

(b) Persons whose residential and premise and/or agricultural land is in part or in total affected (permanently or temporarily) by the project;

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(c) Persons whose businesses are affected in part or in total (temporarily or permanently) by the project; and

(d) Persons whose crops (annual and perennial) and trees are affected in part or in total by the Project Specifically, DPs has entitled to the following types of compensation and rehabilitation measures:

1. DPs losing agricultural land:

a) The general mechanism for compensation of lost agricultural land will be through provision of land for land arrangements of equal productive capacity, satisfactory to the DP. However, if the DP so wishes and the portion of the land to be lost represents 10% or less of the total area of the landholding, cash compensation, at full replacement cost, may be provided to the DP.

b) DPs will be compensated for the loss of standing crops and fruit or industrial trees at market price.

c) DPs whose land is temporarily taken by the works under the works contract will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure.

2. DPs losing residential land and structures

a) The mechanism for compensating loss of residential land and structures will be: (i) the provision of replacement residential land (house site and garden) of equivalent size, satisfactory to the DP: and (ii) cash compensation reflecting full replacement cost of the structures without depreciation. b) If the impact on residential land and/or structure is minor and the remaining land and structures are viable for continued use, cash compensation at replacement cost for the affected portion of the land and structure will be provided.

c) If the residential land and/or structure is only partially being affected by the Project and the remaining residential land is not sufficient to rebuild the residential structure lost, then at the request of the PAP the entire residential land and structure will be acquired at full replacement cost, without depreciation.

d) Tenants, who have leased a house for residential purposes will be provided with a cash grant of three months rental fee at the market rate in the area, and will be assisted in identifying alternative accommodation.

3. DPs losing business

The mechanism for compensating loss of business are: (i) the provision of alternative business site of equal size and accessibility to customers, satisfactory to the DP; (ii) cash compensation for lost business structure reflecting full replacement cost of the structures, without depreciation: and (iii) cash compensation for the loss of income during the transition period. 10

DPs will also be provided compensation at full replacement cost, without depreciation for any other fixed assets affected in part or in total by the Project, such as tombs and water wells.

All DPs who permanently lose more than 10% residential/productive land or other incomes and would have long-term impacts on their livelihood would be entitled to trainings or other income restoration measures. All relocating DPs will be entitled to receive transportation allowance, subsistence allowance for relocating, restoration allowance, and a training allowance.

Based on ADB's safeguard policy, social consultant has reviewed the safety criteria of subprojects, request PPMUs to review and ensure compliance with social safety requirements of the Bank. The whole process of land acquisition and resettlement of subprojects that have affected their production or residential land, affecting the livelihoods of affected people. The report also verifies the legal framework applied in compensation and resettlement plans for affected households in the five Central Highlands provinces.

IV. LAND ACQUISITION AND INVOLUNTARY RESETTLEMENT

4.1. Land acquisition scope and resettlement

According to the results of field survey in the Central Highlands provinces, there are 74 works in total in the Project. As of November, 2018, 72 out of 74 sub-projects involved in land acquisition, 72 sub-projects have been granted with land use right certificates or land allocation decisions, only two sub-projects that have not been granted with the certificate of land use right includes Krong Buk district hospital of Dak Lak province and the health center of Kien Duc town, Dak R'Lap district of Dak Nong province.

Of the 74 sub-projects with land acquisition, 70 sub-projects acquired public land, 04 sub-projects acquired agricultural and forestry land. Two sub-projects that have not been issued red books are the ones with public land acquisition, only a small part of the Krong Buk district sub-project must acquire more production land from households.

Table 2: Land acquisition in the project area

Land use situation

Province/ Have Red No Red Area acquired STT District Construction Name book Book (m2)

Kon Tum province

Dak Ro Wa Commune Health 1035.9 1 Stations (CHS) x

2 Doan Ket CHS x 1510.4 Kom Tum City 3 Hoa Binh CHS x 1184.6

4 Truong Chinh CHS x 463.7

5 Kroong CHS x 1876.7

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6 Ngo May CHS x 1217.0

7 Dak Glei CHS x 113.8

8 Dak Glei District Ngọc Linh CHS x 455.9

9 Dak Man CHS x 1286.4

10 Dak Xu CHS x 532.4

11 Ngọc Hoi Dak Nong CHS x 1152.2 12 District Sa Loong CHS x 1512.6

13 Dak KanCHS x 2598.0

14 Tu Mơ Rong CHS x 1091.1

15 Tu Mơ Rong Te Xang CHS x 790.6 16 District Dak Sao CHS x 2314.6

17 Dak To Kan CHS x 648.0

18 Dak To CHS x 932.4

19 Kon Dao CHS x 1649.8 Dak To District 20 Van Lem CHS x 1329.9

21 Dak Ro Nga CHS x 2027.6

22 Tan Lap CHS x 760.8

23 Dak To Re CHS x 3761.7 Kon Ray District 24 Dak To Lung CHS x 940.5

25 Dak Koi CHS x 883.8

26 Ya Ly CHS x 2220.0

27 Sa Son CHS x 1523.0 Sa Thay District 28 Sa Thay CHS x 2127.8

29 Mo Rai CHS x 1553.0

30 Ngoc Tem CHS x 1926.6 Kon Plong 31 Dak Long CHS x 2353.1 District 32 Po ÊCHS x 2612.6

33 Dak Ui CHS x 1431.5

34 Dak Ha District Dak Ha CHS x 1402.0

35 Ngoc Wang CHS x 7431.6

Total 56,651.60

Gia Lai Province

36 Chu Pa District Chu Pah District Heatlh Center x 19752.0

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Chu 15361.6 37 Prong.District Chu Prong.District Health Center x

38 Ia Pa District Ia Broai CHS x 568.3

39 Chư Se District Health Center x 20661.3 Chư Se District 40 Ia Blang CHS x 3092.0

41 Chu Puh District Ia Le CHS x 1140.0

42 Duc Co District Ia Kla CHS x 1350.0

43 Ia Grai District Ia Pech CHS x 4006.7

65,931.90

Total

Dak Nong Province

44 Dak R’lap Dak R’lap Hopital District x 31773.0 District 45 Kien Duc Town Clinic x 1677.9

46 Quang Tin CHS x 2466.5

47 Nghia Thang CHS x 1576.6

48 Kien Thanh CHS x 2310.4

49 Quang Tân CHS x 6184.0 Tuy Duc District 50 Dak Buk So CHS x 2591.5

51 Dak G’long Quang Hoa CHS x 6649.0 52 District Quang Sơn CHS x 1293.7

53 Duc An CHS x 1599.0 Dak Song 54 Thuan Hanh CHS x 950.5 District 55 Truong Xuan CHS x 1927.0

56 Krong No Dak Mam CHS x 1807.7 57 District Duc Xuyen CHS x 1905.0

58 Gia Nghia City Nghia Trung CHS x 1429.6

59 Cu Knia CHS x 1250.0

60 Cu Jut District Nam Dong CHS x 2536.0

61 EaT'ling CHS x 1707.0

71634.40

Total

Lam Dong Province

62 Da Hoai District Da Huoai District Health Center x 14264.0

63 Lam Ha District Lam Ha District Health Center x 19249.0

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Lac Duong Da Nhim Inter-communal x 6363.4 64 District Polyclinic (ICP)

Dam x 3000.0 65 RMr.District Phi Lieng ICP

66 Duc Trong Da Loan ICP x 11150.0 67 District Ninh Gia ICP x 5121.4

Don Duong x 10000.0 68 District Ka Don ICP

69 Bao Lam District Loc An ICP x 2117.0

70 Bao Loc District Loc Thanh ICP x 1127.4

71 Da Lat City Xuan Truong ICP x 1696.0

72 Cat Tien District Phuoc Cat ICP x 1226.0

Total 75314.20

Dak Lak Province

1353 Dak R’lap 73 District 719 ICP x

Krong Buk 26000.0 74 District Krong Buk District Hospital x

Total of Project 72 2 296,885.1

For 02 sub-projects which have not been granted with red book, the construction of health station in Kien Duc town, Dak R'Lap district, Dak Nong province involved changes in the construction sites. Location of the old lands were in the planning of the administrative area of Dak R'Lap district. Hence, Dak R'Lap district People's Committee has arranged for a new location in the planning of the construction of the district office. District People's Committee is carrying out procedures for red book issuance for the construction of the clinic.

For the construction of Krong Buk district hospital in Dak Lak province, due to the problem of handover of land among some households who currently cultivates on the land assigned to forest and agricultural land, most of the area has been handed over and the construction of the Krong Buk district hospital is underway for the main building. The total area of land acquired for the construction by Kroong Buk DPC is 24,696m2, of which 19,800 m2 is protective forest land has been handed over and the PMU has carried out the construction of the main buildings, some auxiliary works since 2016 (public land, protective forest land) are not compensation following VN Law. According to the compensation plans calculated by Krong Buk DPC, the acquired land area of the AHs is 3.315m2. 14

The area under the planning of the project which is still being used by the households, not yet handed over to the construction site is 3,315 m2. Up to now, raw construction has been completed. Particularly, an area of 3,315 m2 to be acquired from industrial and fruit tree gardens of 7 affected households has not been compensated and cleared. According to the design, this area is used to build water tanks and waste water treatment areas of hospitals, fire hydrants, etc. Therefore, the area that has not been acquired does not affect the construction progress of the works. In the process of project development, the project provinces have committed to use public land in the planning to build the health facilities under the project. In fact, through the implementation of the project, there have been problems with land acquisition and compensation for resettlement. In some provinces, in the socio-economic development plan for new rural development program, some CHSs in the proposed list of projects had to change the construction site compared to the positions specified at the beginning of the project, forced to recover agricultural land and implement compensation policy for APs. In addition, some medical stations are built on old land of other public buildings. Table 3 below provides a more in-depth review of the origin of the recovered land and the actual land use status of sub-projects in the five Central Highlands provinces.

4.2. Current status of land usage at sub-projects

Table 3: Status of land usage at the time of land acquisition Origin and current status of land uasge

Agriculture Province/ Public / forest STT District Construction Name land land Status of land usage

Kon Tum province

New planning location next to Dak Ro Wa Commune Health the old station. Currently 1 Stations (CHS) 1,035.9 vacant land managed by PC

2 Doan Ket CHS 1,510.4 Public land for health facilities

3 Hoa Binh CHS 1,184.6 Public land for health facilities

4 Truong Chinh CHS 463.7 Public land for health facilities

Kon Tum City New planning location, the place in Land planning construction of CHS. The local people people borrowed land to grown cassava and has returned site for construction in Jan 2018

5 Kroong CHS 1,876.7 No compensation

6 Ngo May CHS 1,217 Public land for health facilities

7 Dak Glei CHS 1,130.8 Public land for health facilities

8 Dak Glei District Ngoc Linh CHS 455.9 Public land for health facilities

9 Dak Man CHS 1,286.4 Public land for health facilities

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Origin and current status of land uasge

Agriculture Province/ Public / forest STT District Construction Name land land Status of land usage

10 Dak Xu CHS 532.4 Public land for health facilities

11 Ngoc Hoi Dak Nong CHS 1,152.2 Public land for health facilities 12 District Sa Loong CHS 1,512.6 Public land for health facilities

13 Dak Kan CHS 2,598 Public land for health facilities

14 Tu Mo Rong CHS 1,091.1 Public land for health facilities

15 Tu Mo Rong Te Xang CHS 790.6 Public land for health facilities 16 District Dak Sao CHS 2,314.6 Public land for health facilities

17 Dak To Kan CHS 648 Public land for health facilities

18 Dak To CHS 932.4 Public land for health facilities

19 Kon Dao CHS 1,649.8 Public land for health facilities

20 Dak To District Van Lem CHS 1,329.9 Public land for health facilities

1 AH; Garden land has been acquired and compensated, 21 Dak Ro Nga CHS 2,027.6 CPC has received the land

22 Tan Lap CHS 760.8 Public land for health facilities

23 Dak To Re CHS 3,761.7 Public land for health facilities Kon Ray District 24 Dak To Lung CHS 940.5 Public land for health facilities

25 Dak Koi CHS 883.8 Public land for health facilities

26 Ya Ly CHS 2,220 Public land for health facilities

27 Sa Son CHS 1,523 Public land for health facilities

28 Sa Thay CHS 2,127.8 Public land for health facilities Sa Thay District New planning location, Land managed by CPC, previously an old public commercial 29 Mo Rai CHS 1,553 store (public land)

30 Ngoc Tem CHS 1,926.6 Public land for health facilities Kon Plong 31 Dak Long CHS 2,353.1 Public land for health facilities District 32 Po E CHS 2,612.6 Public land for health facilities

33 Dak Ui CHS 1,431.5 Public land for health facilities

Land planning construction of CHS, local people borrow to Dak Ha District grown crop, the project had to wait for people harvested cassava before construction 34 Dak Ha CHS 1,402 CHS in Jan 2018

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Origin and current status of land uasge

Agriculture Province/ Public / forest STT District Construction Name land land Status of land usage

No compensation

Land planning construction of CHS, local people borrow to grown crop, the project had to wait for people harvested cassava before construction CHS on Jan 2018

No compensation 35 Ngoc Wang CHS 7,431.6

Gia Lai Province

36 Chu Pa District Chu Pah District Heatlh Center 19,752 Public land for health facilities

Chu 37 PrMr.District Chu PrMr.District Health Center 15,361.6 Public land for health facilities

38 Ia Pa District Ia Broai CHS 568.3 Public land for health facilities

39 Chu Se District Health Center 20,661.3 Public land for health facilities Chu Se District 40 Ia Blang CHS 3,092 Public land for health facilities

41 Chu Puh District Ia Le CHS 1,140 Public land for health facilities

42 Duc Co District Ia Kla CHS 1,350 Public land for health facilities

New planning location, Vacant 43 Ia Grai District Ia Pech CHS 4,006.7 land managed by CPC

Dak Nong Province

44 Dak R’lap Dak R’lap Hopital District 31,773 Public land for health facilities District New planning location, vacant land, CPC is completing red 45 Kien Duc Town Clinic 1,677.9 book procedure

New planning location, vacant 46 Quang Tin CHS 2,466.5 land

New planning location, kinder 47 Nghia Thang CHS 1,576.6 garden

48 Kien Thanh CHS 2,310.4

New planning location; Reallocate the area of school 49 Tuy Duc District Quang Tan CHS 6,184 for health station construction

50 Dak Buk So CHS 2,591.5 Public land for health facilities

01 AH; Agriculture land, Dak G’long compesentation document is District 51 Quang Hoa CHS 6,649 available

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Origin and current status of land uasge

Agriculture Province/ Public / forest STT District Construction Name land land Status of land usage

52 Quang Son CHS 1,293.7 Public land for health facilities

New planning location, agriculture land, compensation has completed Dak Song in May 2017, red book 53 District Duc An CHS 1,599 procedure is in process 54 Thuan Hanh CHS 950.5 Public land for health facilities

55 Truong Xuan CHS 1,927 Public land for health facilities

New planning location, vacant 56 Krong No Dak Mam CHS 1.8,07.7 land managed by PC District 57 Duc Xuyen CHS 1,905 Public land for health facilities

58 Gia Nghia City Nghia Trung CHS 1,429.6 Public land for health facilities

59 Cu Knia CHS 1,250 Public land for health facilities

Change of location, in the Cu Jut District planning of new rural area, 60 Nam Dong CHS 2,536 vacant land

61 EaT'ling CHS 1,707 Public land for health facilities

Lam Dong Province

62 Dạ Hoai District Da Huoai District Health Center 14,264 Public land for health facilities

63 Lam Ha District Lam Ha District Health Center 19,249 Public land for health facilities

Lac Duong Da Nhim Inter-communal

64 District Polyclinic (ICP) 6,363.4 Public land for health facilities

Dam

65 RMr.District Phi Lieng ICP 3,000 Public land for health facilities

66 Duc Trọng Dà Loan ICP 11,150 Public land for health facilities 67 District Ninh Gia ICP 5,121.4 Public land for health facilities

Dơn Dương

68 District Ka Don ICP 10,000 Public land for health facilities

Bao Lam

69 District Loc An ICP 2,117 Public land for health facilities

70 Bao Loc District Loc Thanh ICP 1,127.4 Public land for health facilities

71 Da Lat City Xuan Truong ICP 1,696 Public land for health facilities

72 Cat Tien District Phuoc Cat ICP 1,226 Public land for health facilities

Dak Lak Province

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Origin and current status of land uasge

Agriculture Province/ Public / forest STT District Construction Name land land Status of land usage

Dak R’lap 73 District 719 ICP 1,353 Public land for health facilities

The public land has been acquired and under construction, there are about 3.315 m2 of forest land and garden land waiting for compensation

To be update compensation Krong Buk plan of Krong Buk District 74 District Krong Buk District Hospital 22,685 3,315 Hospital Subproject

Total of Project 284,311.1 13,590.6 297,902.1

Table 3 shows that, the majority of 72 sub-projects with red books showing their long term use, the majority of these works have origin of public land, located in the public construction work planning such as for health station, school…Many sub-projects are renovated, expanded or rebuilt on their own land. 9 new CHSs are given red books after being added to HICH2 project list.

A number of CHSs are newly built in the intercommune or commune administration area based on the new rural development planning. Therefore, their locations are appropriate for long term use and local socio- economic development plans.

According to field inspection in 5 Central Highlands provinces, 02 sub-projects have not been issued with red books and decision to allocate land from provincial people's committees to health facilities. Regarding the construction of Kien Duc town health station, Dak R'Lap district, Dak Nong province, due to change of construction site, Dak R'Lap district People's Committee proposed to stop the contract. The reason for the change of construction site was that the location was previously included in the planning of the administrative building of the district, the People's Committee of Dak R'Lap district has arranged the new location which is public land, located in the construction planning of public works of the district as a vocational training center. District People's Committee is committed to quickly complete procedures for issuing red books for the construction schedule. The status of land area for the Kien Duc town health station is empty, with no cultivation or land use. The works of Krong Buk district hospital in Dak Lak province has been under construction. Particularly, the land recovered from forest land and garden land of 07 households are fenced and vacated, not handed over the ground due to not paying compensation for the affected households. Dak Lak Provincial People's 19

Committee has approved the compensation plan for 07 households, the PPMU is implementing the process of payment of compensation. Specific policies and procedures for this subproject are presented in a separate report. 4.3. Situation of sub-projects affected by land acquisition

From 2014, some of clinics have been identified to be included in the short list of project. In 2016, the project preparation period has been extended, some localities have changed the Infrastructure planning for socio- economic development planning. The location of the station which has been determined not in accordance with the new local planning should have moved to new location. Therefore, 04 health stations have to recover agricultural land, land of other public facilities to build health stations, in accordance with the new rural planning of the local goverment.

Out of 74 sub-projects involving land acquisition, there are 4 sub-projects with agricultural land acquisition and compensation and ground clearance activities. Specific compensation policies and impacts are described in Table 4 below. Table 4: Situation of subprojects affected by land acquisition Commune/ town Area of ac No of No of Current land usage Compensated acquistion affected household with status amount (VND) (m2) household resettlement

Kon Tum province

1. Dak Ro Nga 1,037.4 1 0 Garden land has been 83,334,020 commune acquired and compensated, CPC has handed over the land

Dak Nông province

2. Quang Hoa 6,649 01 0 Agriculture land, 305,755,500 commune compensated

3. Duc An town 1,599 04 0 New planning location, 81,386,000 agricultural land, compensated

Dak Lak province

4. Krong Buk 3,315 07 0 Forest land and garden 125,321,483 hospital land, about 3315 m2of lanf is under agreement between households and project

Total 13.590,6 14 0 595,797,003

Review of the compensation and resettlement assistance of the sub-projects with land acquisition showed that the recovered land included agricultural land, forest land and garden land. No household has to relocate, affecting houses and construction items on land. The area to be acquired is the land used for production and cultivation of households that grow forest trees, fruit trees and some rice crops.

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4.4. Impact level of the project

From the results of the field survey in the 5 Central Highlands provinces and reviewing the land allocation dossiers, the level of impact of the project on land acquisition and land clearance is small. Most sub-projects use public land for construction. Thus, the general assessment of the impact of land acquisition for 74 construction of clinics and regional polyclinics of the project for the households living in the area is not much. In 2016, 49 sub-projects were issued with red books; In 2017, 23 sub-projects were issued with red books and handed over ground for construction works.

Among 5 schemes built on agriculture land, 4 schemes have finished land clearance and compensation for affected households; 4 others are to be built on public land, being hired by local residents for cultivation and returned in November 2017. As for schemes built on agriculture land, no impacts are observed on houses or other construction on residential land. Little impacts are seen in four schemes built on acquired agriculture landmostly used for fruit trees and crops, accounting less than 10% of household’s land. Impacts on various categories of land Area (m2) - Permanent impact on residential land Nil

- Temporary impact on residential land 300

(Dak Ro Nga CHS; Recovered area is yard and orchard)

- Permanent impact of public land 223,346.8 - Temporary impact of public land Nil - Permanent impact on rice land Nil - Permanent impact to other Agriculture land(m2) 13.590,6 - Permanentimpact on forestry land NilThe

Affected household case has been acquired residential land in Dak Ro Nga, Dak To district, Kon Tum province in 2015, including 300m2 of residential land and 737 m2 of garden land. Status of land use of AH, planted fruit trees as guava, jackfruit and mango. 01 AH is A Hao have 4 person, they are farmers. Dak To District People's Committee compensated the affected households 81,700 million VND, of which 53,884 million VND was provided for land; compensation for trees and crops 26,221 million VND and compensation for architectural structures (fences) of 1,594 million VND. In 2015, This AH received compensation and buy seedlings planted on their remaining land (see Table 5).

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Impact on houses/structures - Total affected houses/structures Nil

- Partial affected houses/structures Nil

Other impacts

- Affected business Nil

- Impact on natural preserving zones, sensitive areas Nil

- Impact on tenants who leased house for residential purpose Nil

- Impact on ethnic minorities 3

- Impact on crop cassava,vegetables, fruit tree

DPs Households

Total PAHs with less than 10% productive land affected 14 81

- Total DPs with more than 10% of productive land affected Nil Nil - Total DPs with more than 10% of residential land affected Nil Nil

- DPs required to be relocated Nil Nil - Vulnerable DPs Specifically, the level of impact on households in subprojects with land acquisition is as follows:

Table 5: Status of impacts and compensation levels for 14 households with land acquisition

Subproject/ Total Area of land acquistion Total Poor Level of impact household cultivation Residential Garden Forest compensation household/ on livelihood are of the land land land/Agri VNĐ Ethnic land household minorities 1. Dak Ro Nga commune A Don 4000 0 0 0 1.859.000 Ethnic Compensation Minority fortrees on planned land

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Subproject/ Total Area of land acquistion Total Poor Level of impact household cultivation Residential Garden Forest compensation household/ on livelihood are of the land land land/Agri VNĐ Ethnic land household minorities A Hao 300 of 300 737,4 81,700,020 Ethnic Mainly fruit residential Minority trees, small land; amount, affect 5000 m2 of not much to garden income land 2. Quang Haa commune Nong Van Binh 3000 m2 of 0 0 6.649 305.755.500 Ethnic Long-lived rice land Minority forestry 10.000 m2 of forest land 3. Duc An town Nguyen Ba 17.000 0 0 1030 56.875.500 Not much Vinh impact on production and operation Le Thi Tuat 5.047 0 0 253 16.225.900 Inconsiderable impact Du Thi Huong 3.800 0 0 70 684.100 Inconsiderable impact Nguyen Thi 2.400 0 0 149 6.004.700 Inconsiderable Nhuan impact 4. Krong Buk hospital Tran Thi 17.280 0 0 837 0 Forest land in Nguyen the planning Phan Ba 24.560 0 0 0 3.691.040 Sold to Viet Thach Tran Thang 19.000 0 213 3.814 57.301.760 Inconsiderable Long impacts Hoang Van 24.560 0 0 968 47.538.320 He bought land Viet from Mr. Thach Inconsiderable impacts To Van Thang - 0 0 267 13.967.520 Reside and cultivate in other commune Nguyen Dinh - 0 0 267 62.560 Reside and Hien cultivate in other commune Nguyen Huu - 0 0 0 62.560 Reside and Nhu cultivate in other commune Other 5.927.523 expenses for ground clearane support Total 300 950 14.304 597.656.003

Regarding the compensation rates, through the review of the compensation dossiers of the four sub- projects, the grounds for compensation shall be in accordance with the regulations on compensation price of land and assets on land issued by the provinces in 2017 and 2018. The compensation rates for affected households have been updated at the time of application. In some sub-projects such as Duc An town and

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Krong Buk hospital, local authorities have the flexibility to apply compensation and land price adjustment in accordance with the PPC regulations in the land price and employment policies, job training and compensation policies for forest land. As such, the implementation of compensation rates for subprojects has been implemented in accordance with current Vietnamese law and complies with the requirements of ADB's safeguard policy.

VI. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE

5.1. Public consultation

The following key measures were taken to ensure appropriate consultation: The dissemination activities and community consultation were implemented in two steps:

+ First step: Inform the district and commune people's committee of the proposed investment plan. Collaborate with district and commune people's committees to inform ethnic minority villages of the project implementation components. Collaborate with district and commune people's committees to organize consultation meetings on project implementation contents and plan and implement compensation plans (if any).

+ The second step: Direct consultation at the community, specifically consultation with poor and ethnic minority households must be conducted in the community.

Consultation is not only for affected households due to land acquisition but also to all ethnic minority people living in the project area.

Implementing the consultation process, the provinces in the project area have conducted the consultation activities as prescribed. The consultation place are identified as follows:

- People Committee and socio-political orgnization at commune/ward: Local authorities at commune/ward levels, associations, community organizations and users of project items play a very important role in the implementation of the project. People's committees of communes/wards are not only coordinating with the investor in disseminating project information to the people, implementing compensation and ground clearance activities; coordinating with contractors for the construction of the works but also plays an important role in coordinating with investor, and monitoring experts in the supervision of contractors’ activities and construction at the facility. People's committees of communes / wards are also a place to get feedback from people on issues that disadvantage the people caused by the project. The role of commune/ward People's Committees is very important and indispensable in many activities implemented by the project. - Social associations: Associations and social organizations such as the Fatherland Front, the Women's Union, the Farmer's Association, the Youth Union, the Elderly's Association represent the aspirations and opinions of the people to reflect the issues related to project. Social organizations are closely monitoring the implementation of the project, especially during the land acquisition and resettlement period to ensure compliance with PAP and current regulations of Vietnamese law. Community-based organizations are the place to grasp the issues and feedback of people related

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to the project activities during the preparation, construction and putting into use. The monitoring of the social orgnizations in association with community groups in the community is important in helping investors and contractors timely adjust the design and construction activities to minimize the unwanted impact to the lives of people in the affected area. - Village/hamlet representative: Represent the voice of the people, reflect the issues raised during the preparation, construction and putting into use of the project items. Hamlet is the last place to implement information dissemination activities of the project to the people and is the first place to receive feedback from people related to the project. The role of village cadres is very important, objective and timely when reflecting the legitimate aspirations and proposals of the people to supervise the process of project implementation in order to minimize negative impacts of the project to the life of the people. In addition, feedback from the village staff also facilitates the development of more appropriate project items, bringing greater socio-economic benefits to the communities in the immediate benefit area. - Beneficiary/affected group: It is the entire households residing in the project area and related to the project items. The people in the affected area are also the direct beneficiaries of the project items. - Vulnerable groups: Vulnerable people are always focused on the implementation of development projects. Subjects such as the disabled, poor, widowed, and poor families, policy households (war invalids, martyrs, revolutionary workers), poor and in-hunger households, especially ethnic minority households. During consultations with the public, in particular consultations related to land acquisition and implementation of the construction of the clinics, regional polyclinics or district hospitals should be informed to people in the project area, especially vulnerable groups, try to invite them to attend the consultations, provide them with sufficient information on the project and listen to their wishes. In cases where they are adversely affected, such as land acquisition, care should be taken to ensure that they restore their livelihood and income. Public consultation for subprojects include the following steps: + Inform the district and commune People's Committees of the proposed plan for the components to be implemented by the project. + Organize meetings with district stakeholders on the plan to deploy the component of the project in the area. + Consultation with leaders and representatives of socio-political organizations at commune level on the project implementation plan and compensation plan. + Direct consultation at the community, including poor and vulnerable households in the community

5.2. Results of public consultation and information dissemination

Based on the results of the monitoring in the provinces, the provinces have implemented a good public consultation process. Steps in coordination with local authorities at commune / ward level were well implemented in organizing meetings with government officials, representatives of socio-political organizations, representatives of village cadres and household representatives. According to the 25 consultation process, in subprojects with agricultural land acquisition and implementation of compensation policy, the number of consultations was fully implemented in accordance with the regulations on the establishment of the site clearance committee and resettlement at district level, full consultation at commune and village level, providing project information to households in the project area. Field surveys of a number of sub-projects have been conducted; Subproject issues have been communicated to local people involved in the project with community participation; technical design of the subproject design file approved by the local authority. The project information has been fully provided to the local authorities and received consensus from all levels of government, mass organizations and especially health workers working at health facilities within the project scope. Basic information about the project has been provided to stakeholders since October 1, 2016, the date officially notified by local authorities to the households and always monitored since 2017. Consultation results at the health stations expected to be upgraded, renovated and newly constructed, indicated that the staff of the health station and local authorities at ward level have received sufficient information on the project and very interested, waiting for the project soon to be implemented. "We know about the project so we are very happy, the old facility has been degraded and equipment is not enough to meet the initial needs for medical treatment of Gia Rai ethnic groups in the area. The Commune People's Committee will create the best conditions for the project to be implemented soon "(Mr. Ro Mah Nop, Secretary of Party Committee, IaKla Commune, Duc Co District, Gia Lai Province). "The project implemented in Kon Tum province is of great interest to many people, especially health workers at the clinics are being surveyed to upgrade or build new ones. Dak Ro Wa medical center will be built right next to the old one, we have been informed since 2016 and are waiting for the construction project "(Ms. Vu Phuong Mai, head of the Commune Health Station of Dak Rơ Wa, Kon Tum). Information on the project has been publicly available at the commune/ward People's Committee office and was communicated to households in the project area, especially for sub-projects with land acquisition for the construction of the health station and the regional clinic in the new location. For subprojects with agricultural land compensation, the process of informing the area of land acquisition, compensation price and compensation policy of the province is publicly and fully disclosed to affected households. For the Krong Buk hospital, Dak Lak Province, with the public consultation for compensation plan, the affected households did not accept the compensation and compensatory items. 07 households with land acquisition decided not to hand over the land to the project and asked Krong Buk District People's Committee to draw up a new compensation plan in accordance with their losses due to land acqusition and close to the market price for forestry land and perennial land.

Following the consultation process and field surveys, the CPMU's social consultant in collaboration with the PPMU of Dak Lak province has proposed that the Dak Lak PPC Krong Buk re-establish a new compensation plan in line with the regulations on compensation and resettlement for affected people in accordance with Vietnam's current policy and in accordance with ADB's social safeguard policy.

At the request of the CPMU social consultant, the PPMU of Dak Lak province coordinated with the Krong Buk DPC to carry out public consultation and information disclosure on public and transparent policy and information disclosure requirements from ADB. From January 2018 to August 20, 2018, the People's

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Committee of Krong Buk District has fully implemented the steps of public consultation and disclosure of information as follows:

- Before developing the new compensation and resettlement plan, the Land Development Center, which was assigned the task of developing a new compensation plan, surveyed and consulted with the villagers on Compensation plan. The consultation was held on March 2, 2018 with the participation of stakeholders including: People's Committee of Cu Ne Commune, representatives of Krong Buk District People's Committee, 07 representatives of affected households. At this consultation meeting, the Land Development Center collected comments and expectations from farmers on compensated prices and compensation items. Based on the opinion of the people and the current legal basis, Krong Buk Land Development Center has prepared a draft compensation plan. - July 9, 2018, approved by the authorities of Dak Lak, Krong Buk District People's Committee held a consultation meeting with the people through the draft compensation plan, support for resettlement and collect opinions of people in areas where land is acquired. The consultation was attended by leaders from the District People's Committee Office, Land Development Center, District Inspectorate, Judicial Department, Division of Natural Resources and Environment, Office of Economic Infrastructure, People's Committee of Cu Ne commune and 06 representatives of households with land acquisition (absent representative of Mrs. Tran Thi Nguyen). In the minutes of the consultation meeting, the households commented that the level of compensation in accordance with the current law is not satisfactory, suggested the district People's Committee to consider and seek funding to support more for people. - Receiving comments from households, Center for land fund development has continued to adjust the compensation plan, support resettlement and build plans for compensation, support resettlement. - On August 14, 2018, the Land Development Center of Krong Buk District held a public meeting on the plan of compensation and support for land recovery of Krong Buk district general hospital. The public meeting of the compensation plan was attended by the representatives of the People's Committee of Cu Ne Commune, the Chairman of the Fatherland Front of Cu Ne Commune, the Head of Village 6 and the representatives of the households whose land was acquired. According to the minutes of the meeting, households again proposed additional recommendations on compensation rates and compensation options. The Land Development Center has received and reported to the Krong Buk District People's Committee on adjusting compensation rates to suit the aspirations of affected people.

VI. GRIEVANCE REDRESS MECHANISM

Grievance redress mechanisms in the project provinces are also implemented in accordance with the provisions of the social security policy of the donor for subprojects with agricultural land acquisition and protection forest land, the district site clearance board.

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In some sub-projects, encroachers into the area expected to be affected after the date of planning notice and land acquisition will not be entitled to compensation and resettlement. They will have to destroy their structure or cut down trees or harvest crops to clear the ground for the project. In case of necessity, they will be forced to remove the structures/plants in the project area. However, they do not have to pay fines. Commitment dates and "no compensation for encroachers" were clearly stated at community meetings. For 04 communes without public land, the district people's committee has promptly notified the households whose land is to be acquired, set up land clearance boards at the district level and carry out survey and determination of location of land acquisition, compilation of compensation documents and payment of compensation and ground clearance. Up to October, 30, 2018, 72/74 communes have completed the compensation and ground clearance works, of which 03 was constructed and put into use. CPMU's social consultant has requested the provinces to fully implement the process of disclosure and settlement of complaints. The consultant has raised a number of questions to find out the people's opinions on the feedback mechanism mentioned above by the provincial investors in the compensation plan and the project implementation. Most respondents wished that the commune / ward would be the first place they would like to aspire, be the mediator and would represent them on their behalf to reflect on their ideas to the higher level.

The results of the fieldwork show that, in some subprojects, when people have questions about the compensation, proposed aspirations or recommendations to the contractor or investor about the land acquisition or compensation, they visit the village head, commune cadastral officials, leaders of commune people's committee to express their ideas. Village and commune officials have reported to the investor. These issues have been coordinated with the grassroots authorities to timely solve the problems of the people, minimize the impact on the lives of people during the construction process.

For Krong Buk sup- Project, On January 11, 2018, the Department of Natural Resources and Environment of Dak Lak province revised, supplemented the proposal to consider the source of funding and the grounds to re-determine the origin of land use, compensation price; establish and approve the plan of support and ground clearance for the households with land acquired from the subproject of Krong Buk district hospital construction in the village 6, Cu Ne commune, assigned the District People's Committee to review and evaluate the process of establishing, appraising and approving the new compensation plan and canceling the compensation plan in 2011.

On January 17, 2018, the People's Committee of Dak Lak Province sent an official document No. 410 / UBND-NNMT, requesting the Department of Natural Resources and Environment, Department of Finance, Krong Buk District People's Committee to work together to solve problems arising in site clearance works for the construction of the Krong Buk district hospital. After obtaining detailed appraisal results on land use status and compensation price for affected households, the People's Committee of Dak Lak province has had many documents requesting departments in the province to actively seek financial sources to supplement the costs of compensation and assistance to affected households. The Department of Planning and Investment has issued a document approving the policy of adjusting and supplementing compensation and resettlement expenses from the province's project reserve funds. Decision No. 661/QD-UBND dated April 3, 2018 of the People’s Committee of Dak Lak Province approving the land price adjustment coefficient

28 to calculate the compensation, assistance upon land recovery by the State for the construction of the Krong Buk District Hospital in Cu Ne Commune, Krong Buk District has been issued. However, 07 affected households do not agree with the Decision No. 661 and compensation plan of Dak Lak province. The People's Committee of Krong Buk district is continuing to consult opinions of affected households on more appropriate compensation rates

VII. EVALUATION ON SOCIAL MONITORING COMPLIANCE LEVEL

Implementation of RPs will be periodically supervised and monitored by respective PPMU in a close coordination with the respective Peoples' Committees at different administrative units and independent monitoring agencies. The findings will be recorded in quarterly reports to be furnished to CPMU, PCs and the ADB.

Internal monitoring and supervision of CPMU and PPMU includes:

(a) Verify that the baseline information of all DPs has been carried out, as well as the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of this Policy Framework. (b) Oversee that the resettlement policy are implemented as designed and approved by SPS of ADB and regulations by the Government of Vietnam (c) Verify that funds for implementing the resettlement policy are provided to the respective PPMUs in a timely manner and in sufficient amount for their purposes. (d) Record all grievances and resolution to ensure that complaints are dealt with in a timely manner.

To conduct the monitoring, the social consultant conducted stakeholder consultations, in particular:

- Consultation and evaluation of PPMU activities related to land acquisition, site clearance and resettlement assistance. Direct interviews with resettlement staff of the PPMUs in the five Central Highlands provinces and review the compensation documents in the subprojects with production land acquisition.

- Consultation with district and commune government officials. Direct interviews with leaders of DPC or leaders of site clearance committees at district and commune levels where there are sub-projects with land acquisition and relocation assistance available.

- Consultation with affected households in sub-projects with agricultural and forestry production land acquistion and households temporarily cultivating on the land planned for construction works under the project. Specification direct consultation and interviews with affected households, visits to land acquisition sites and site clearance to assess the impact of the project on the life and livelihoods of affected household. Collecting comments and reflecting APs' complaints on project activities.

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- Consultation with health workers at CHSs, ICPs that are under construction. Evaluate the level of impact, complaints and grievances of households living in the project area, health workers and staff directly benefiting the project for land clearance and resettlement support.

During the implementation of the project activities in the provinces, the CPMU consultants conducted training for PPMUs on relevant issues to ensure the implementation of the PAPs, particularly the methodologies and mechanisms for appraisal of compensation policy, the number of affected households, the project mitigation options, the community consultation process and information dissemination and consultation with ethnic minority people. By the time of reporting, the CPMU's consultants were continuing to instruct the project provinces to implement the social safeguard policy during the implementation of the project.

The SPS aims to promote sustainability of project outcomes by protecting the environment and people from projects' potential adverse impacts by avoiding adverse impacts of projects on the environment and affected people, where possible; minimizing, mitigating, and/or compensating for adverse project impacts on the environment and affected people when avoidance is not possible; and helping borrowers/clients to strengthen their safeguard systems and develop the capacity to manage environmental and social risks.

The principles outlined in the ADB SPS have been adopted. In this regard, the following principles and objectives would be applied: i. In the process of identifying new land positions replacing land in the planning where agricultural land is involved, the project provinces have selected the land positions with the least agricultural activity and the harvested yield, not affecting the livelihoods of households with land acquistion, specifically in the case of the subproject of health station in Duc An Town, Quang Hoa. ii. For households whose agricultural land is acquired, which is highly related to household income, the localities have applied the highest compensation rates and have the flexibility to assess the level of impact of each land type and plant on the land to compensate for the household. In the case of Krong Buk district subproject, it is necessary to acquire the forest land and garden land of households, Krong Buk district has made many efforts to adjust the compensation price in accordance with the law and with market price. However, the efforts of Krong Buk district are still being implemented and need the consent of the people. iii. Regarding the process of compiling the compensation price and payment of compensation: For affected households whose agricultural land must be acquired by the project, local authorities and provincial project management boards has implemented in accordance with the process of implementation of compensation and resettlement in accordance with the regulations of the Government of Vietnam. After PPMU announced the list of clinics to be invested by the project, the district authorities have notified the communes that have a regional health clinic / clinic in the portfolio. Some localities have quickly identified new land allocation according to the socio-economic development plan of the commune and new rural construction planning. iv. Regarding the process of compilation of compensation dossiers, works with agricultural land acquisition have full dossiers of compensation. Through reviewing records and checking in the field of some works, the district level clearance boards of localities have fully implemented the process such as informing 30 affected households, holding community meetings with the affected households to inform them of the impact, the compensation price and the level of compensation payment.

In particular,

a. CHS of Quang Hoa commune, Dak Glong district, Dak Nong province: Compensation profiles and payment were completed in 2013.

b. Duc An Town Health Station, Dak Song district, Dak Nong province: Compensation profiles and rates were identified in May 2015. Four households had received compensations and handed over their land by December 2016; the health station is now put into use without any complaints by affected households and significant impacts on their livelihoods.

c. CHS of Dak Ro Nga commune, Dak To district, Kon Tum province was built on agriculture land acquired from an ethnic minority household of A Don. The district land clearance board prepared a compensation profile that provided a detailed list of his assets. In May 2015, the board proceeded payment to the household. By September 30th, 2017, the household had received the compensation, stablised their living and had not make any complaints.

d. The work of Krong Buk hospital in Dak Lak province is under construction but the handover of the ground has not been resolved. According to the plan of compensation, support of Krong Buk district People's Committee in 2011, based on the planning of the People's Committee of Dak Lak province, the construction of Krong Buk hospital has been approved for investment since 2010, on an area of 26,000 m2 in Cu Ne commune, Krong Buk district. The Department of Natural Resources and Environment of Dak Lak province has reported to support compensation 80% of the compensation price of plants and crops on the recovered area of the project because the area of recovery is protective forest land, not agricultural land. The total area of 07 households within the scope of the project is 3240 m2, in which the area needed to ensure construction is 24,910m2. Krong Buk District People's Committee and PPMU of Dak Lak Province are conducting consultation activities and negotiating with the above 07 households.

e. Three households hiring land in the CHS construction planning site for temporary cultivation crops are in:

- Kroong commune, Kon Tum city: the construction site is on public land, next to a school, and appropriate for the new rural development planning. Two households are hiring the land for cassava cultivation. Cassava harvest season is in Nov 2017. Households who borrowed the land has handed over the site for construction works. - Ngoc Wang commune, Dak Ha district: the construction site is on public land in the commune administration site planning. One household is hiring the land for watermelon cultivation. Water melon harvest season is in Nov 2017. Households who borrowed the land has handed over the site for construction works. - Dak Ha Town: the construction site is on public land in the town administrative site planning. One household is hiring the land for vegetable growing, Households who borrowed the land has handed over the site and now works are under 31

Regarding land clearance and compensation procedures, land acquisition sub-projects have involved stakeholders such as local authorities, provincial project management units and local authorities,people affected by the construction works of the project. The process of information disclosure and disclosure of compensation price is made publicly and transparently. Compensation rates are based on the latest regulations and tariffs updated to date in the compensation file. Therefore, compensation rates are in line with the land compensation and compensation policies of the provinces in the project area. As of October 30, 2018, affected households have received compensation and there are no questions or complaints. As for the construction of Krong Buk Hospital, five households are not satisfied with the compensation, Dak Lak PPMU and Krong Buk District People's Committee are carrying out consultancy and policy support activities to reduce the losses of households affected by land acquisition affecting their livelihoods.

VIII. CONCLUSION The Project of Health Care for the Central Highlands provinces is implementing on the second year of the project. Land acquisition and site clearance activities have basically been completed. The subprojects sites have been handed over to the PPMUs and the contractor by the local authorities. In some provinces such as Dak Nong, Dak Lak and Lam Dong provinces, the construction of medical clinics and regional clinics has started.

Regarding the level of impact of the project, the overall assessment is that the level of impact of the project to the people is small and negligible. There are only 4 sub-projects with agricultural land acquisition, with appropriate compensation policy. As of October 30, 2018, the sites have been handed over to local project management units and awaiting construction. Land acquisition and compensation policy do not cause major complaints. The impact of the project on the lives and livelihoods of affected people is insignificant.

The implementation of land acquisition and site clearance activities in subprojects within the project area is in accordance with the social safeguard policies of the Government of Vietnam and ADB. Public consultation, information disclosure, feedback mechanisms and complaints are well respected in the project provinces.

The construction of Krong Buk district hospital has not completely handed over the land to the construction contractor due to the problem of compensation price for 07 affected household, CPMU and Dak Lak PPMUs finding the solutions to support the affected people, compensating adequately the land they have recovered.

Based on the results of monitoring and evaluation of project implementation by provinces until October 2018, the project provinces are basically well implementing the social security regulation and adhering to the requirements in the main ADB SPS. While there are different levels of compliance, there is generally a positive effort to improve the compliance of project activities.

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APPENDICES

a. Safeguard monitoring Form S.1: Social Impacts

Sl Type of Impact Yes No Comment No 1. Land – Does the Sub-project require Y 04 sub- project has acquisition are required. 68 land? sub- project no acquisition, use public land

1.1 If “Yes”, state how much land Y 300m2 Residentland; 950 m2 Garden Land; 14.304 m2 Agrcuture land 1.2 Was an alternative design explored to Y decrease/avoid land take 1.3 If yes, how much land was required in 15.554 m2 the alternative design? 1.4 How is this land provided: Donation

Long-term lease

Willing-seller-willing-buyer Available government land Involuntary acquisition Y 15.554 m2 Involuntary acquisition 1.5 Is documentation attached in case of Y donation, purchase, or use of Government land 2. Involuntary Resettlement 2.1 Are there losses of shelter? No structures (e.g. buildings or houses) has been affected. 2.2 Are there losses of income sources 14 and other assets? How many households are affected? 2.3 Are there available resources to Y Provincial government compensate the mat replacement value? Source of funds? 2.4 What other resettlement benefits are NA No other committed committed to the affected families? 2.5 Have the affected household agreed NA No relocation households to the relocation? 2.6 Will the project have any impacts on No works in rivers, the marine environment, customary fishing practices or access native forest or cultivated land is proposed. to shared resources relied upon for livelihood purposes 3. Indigenous People 3.1 Are there indigenous peoples in the Some Ethnic has property owners are study area? indigenous. However, only 1 household Ethnic minority has been effected by acquisition land. .

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3.2 If “Yes”, are they among the Many ethnic minorities have benefited from the beneficiaries? health care provided by the project from the construction of the clinic and the hospital

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Sl Type of Impact Yes No Comment No 4. Cultural Property Any negative impacts on cultural No buildings, including historical buildings, has property such as sites, historical impacted as part of the works. buildings etc.

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b. Summary matrix of the findings of LAR assessment of the projects’ component or subprojects

Land acquisition results and impact levels

Level There are impact on waiting for the construction / Level progress Province/ is under Affect with of the STT District Construction Name construction AF project

Kon Tum province

Dak Ro Wa Commune Health Station x Non Non 1 (CHS)

2 Doan Ket CHS x Non Non

3 Hoa Binh CHS x Non Non Kon Tum City 4 Truong Chinh CHS x Non Non

5 Kroong CHS Non 2 AH Non

6 Ngo May CHS x Non Non

x Non Non 7 Dak Glei CHS

8 Dak Glei Ngoc Linh CHS x Non Non District 9 Dak Man CHS x Non Non

10 Dak Xu CHS x Non Non

11 Dak NMr. CHS x Non Non Ngoc Hoi 12 District Sa LoongCHS x Non Non

13 Dak Kan CHS x Non Non

14 Tu Mo RMr.CHS x Non Non

15 Te Xang CHS x Non Non Tu Mo RMr. 16 District Dak Sao CHS x Non Non

17 Dak To Kan CHS x Non Non

18 Dak To CHS x Non Non Dak To District 19 Kon Dao CHS x Non Non

36 20 Van Lem CHS x Non Non

Yes (under 21 Dak Ro Nga CHS x 10%) Non

22 Tan Lap CHS x Non Non

23 Dak To Re CHS x Non Non Kon Ray 24 District Dak To Lung CHS x Non Non

25 Dak Coi CHS x Non Non

26 Ya Ly CHS x Non Non

27 Sa Son CHS x Non Non Sa Thay 28 District Sa Thay CHS x Non Non

29 Mo RaiCHS x Non Non

x Non Non 30 Ngoc Tem CHS

31 Kon Plong Dak Long CHS x Non Non District 32 Po Ê CHS x Non Non

33 Dak Ui CHS X Non Non

34 Dak Ha District Dak Ha CHS Non 1 AH Non

35 Ngoc WangCHS Non 1 AH Non

Gia Lai Province

36 Chu Pa District Chu Pah District Heatlh Center x Non Non

Chu 37 PrMr.District Chu PrMr.District Health Center x Non Non

38 Ia Pa District Ia Broai CHS x Non Non

39 Chư Se District Health Center x Non Non Chư Se District 40 Ia Blang CHS x Non Non

Chu Puh x Non Non 41 District Ia Le CHS

x Non Non 42 Duc Co District Ia Kla CHS

43 Ia Grai District Ia Pech CHS x Non Non

37

Dak Nong Province

Dak R’lap Dak R’lap Hopital District x Non Non 44 District 45 Kien Duc Town Clinic x Non Non

46 Quang Tin CHS x Non Non

47 Nghia Thang CHS x Non Non

48 Kien Thanh CHS x Non Non

x Non Non 49 Tuy Duc Quang Tan CHS 50 District Dak Buk So CHS x Non Non

Yes (under x 51 Dak G’long Quang Hoa CHS 10%) Non District 52 Quang Son CHS x Non Non

Yes (under x 53 Duc An CHS 10%) Non Dak Song 54 District Thuan Hanh CHS x Non Non

55 Truong Xuan CHS x Non Non

x Non Non 56 Krong No Dak Mam CHS 57 District Duc Xuyen CHS x Non Non

58 Gia Nghĩa City Nghia Trung CHS x Non Non

59 Cu Knia CHS x Non Non

60 Cu Jut District Nam Dong CHS x Non Non

61 EaT'ling CHS x Non Non

Lam Dong Province

Da Hoai x 62 District Da Huoai District Health Center Non Non

63 Lam Ha District Lam Ha District Health Center x Non Non

Lạc Duong Da Nhim Inter-communal Polyclinic x 64 District (ICP) Non Non

Dam x 65 Rong.District Phi Lieng ICP Non Non

38 x Non Non 66 Duc Trong Da Loan ICP 67 District Ninh Gia ICP x Non Non

Dơn Dương x Non Non 68 District Ka Don ICP

Bao Lam x Non Non 69 District Loc An ICP

Bao Loc x Non Non 70 District Loc Thanh ICP

x Non Non 71 Da Lat City Xuan Truong ICP

Cat Tien x Non Non 72 District Phước Cat ICP

73 719 Hospital x Non Non

Yes (05 HHs nothanded over land Yes (only x yet temporary) 74 Krong Buk District Hospital

39

c. Maps, photos or sketch of the subproject areas with LAR issues indicated

Land area is handed over to the construction of Depth interview of construction site Krong Buk hospital managers

Consultation with 2 affected households of Krong Consultation with PPMU Dak Lak Buk hospital construction

40

CHS Quang Tin, Dak Nong province New land location for the CHS Quang Tin commune

New land location for the CHS Nam Dong New land location for the CHS Ía Bêch commune, Dắk NMr. commune, Gia Lai

41

Location for the CHS Ia Kla commune Interviews with affected households on the land recovered in Dak Ha town health clinic, Kon Tum

Interview with health worker of Dak Ro Wa Location land for the construction of the commune, Kon Tum city CHS of Dak Ro Wa Commune, Kon Tum City

42

Land people are borrowing watermelon in the Vacant land for construction of Tu Mo Rong planning of health stations in Ngoc Wang CHS commune, Kon Tum

Field survey of Da Nhim Clinic, Lam Dong Field survey of Ninh Gia Clinic, Lam Dong

43 d. List of the person met during the assessment/ survey activities

Location Time Informant Position/ Job Dắk NMr. Province

Quang Tin CHS 16/8/2017 Ms. Tran Thi Diep Head of Health station Mr. Nguyen Van CPC vice chairman Nam Mr. Le Van Phuoc Land official Duc An CHS 17/8/2017 Mr. Huynh Cong Head of Health Tien station Mr. Hoang Van Tue District health center staff Mr. Nguyen Ba Affected household Vinh Ms. Le Thi Tuat Affected household Nam Dong CHS 18/8/2017 Mr. Truong Cong CPC chairman Nam Gia Lai Province Ia Pech CHS 19/9/2017 Mr. Truong Thanh DONRE staff Van Mr. Trinh Van Tung CPC vice chairman Ms. Nguyen Thi Head of Health Nguyet station Ia Kla CHS 20/9/2017 Mr. Ro Mah Nop Commune party committee secretary Mr. Ro Nech Deputy Head of Health station Kon Tum Province Ngoc Wang CHS 21/9/2017 Mr. Dang Ngoc CPC chairman Tien Mr. Hoang Van Head of Health Nghia station Mr. Le Van Muoi Households borrowing land for cultivation Mr. A Viet Commune land official Dak Ha CHS 21/9/2017 Mr. Nguyễn Khac CPC vice chairman Sy Ms. Le Thi Muoi Households borrowing land for cultivation

44 Mr. Nguyen Ngoc District heath Phung center staff Tu Mo Rong CHS 21/9/2017 Mr. A Van In charge of regional polyclinic Ms. Lê Thi Lien Head of Health station Mr. Nguyen Van Land officer Nghia Mr. Hoang Van Distric health center Chat staff Dak Ro Wa CHS 22/9/2017 Ms. Vu Thi Phuong Head of Health Mai station Ms. Hoang Thi Kon Tum city Quynh Health station staff Mr. Le Van Toan Commune land officer Kroong CHS Mr. A Nguyen Head of Health station Mr. Le Van Tien Households borrowing land for cassava cultivation Dak Lak Province Krong BuK hospital 7/11/2017 Doan Huu Long Director of Health Department Mr.Nguyen Huu PIC of project Huynh 7/11/2017; Mr.Hoang Van Viet Affected household 15/6/2018 7/11/2017; Mr.Tran Thang Affected household 15/6/2018 Long Mr.Pham Ba Minh Land officer Mr. Hoang Van PIC of program Chuyen 15/6/2018; Mr. Le Ngoc Ha DPC vice chairman 15/8/2018 Lam Dong Province Da Nhim ICP 8/11/2017 Mr. Nguyen Ba PIC of project Vinh Mr. Nguyen Huu District health Tien station staff Ninh Gia ICP 8/11/2017 Ms. Mo Tuyen Head of health station Mr. Pham Thien CPC vice chairman Thuat

45