Social Monitoring Report

Project No: 48189-002

Semi-annual Social Monitoring Report (January – June 2019)

July 2019

VIE: Support to Border Areas Development Project

Prepared by Project Implementation Support Consultant for Binh Phuoc, Dak Nong, Dak Lak, Gia Lai, Kon Tum People’s Committees and the Asian Development Bank.

NOTE

In this report, “$” refers to US dollars.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

INTERNAL RESETTLEMENT MONITORING REPORT (JANUARY – JUNE 2019)

Project No: 48189-002 Type of report: Periodic report July 2019

SUPPORT TO BORDER AREAS DEVELOPMENT PROJECT

Prepared by Project Implementation Support Consultant

1

CONTENTS

CONTENTS ...... 2

ABBREVIATION ...... 4

LIST OF TABLES ...... 5

1. PURPOSE AND SCOPE OF THE REPORT ...... 6

2. PROJECT BACKGROUND ...... 6 2.1. The Project's benefits ...... 7

2.2. The project’s Outputs ...... 8 2.3. The detailed information of the Subproject ...... 9 2.4. Project progress ...... 11 2.4.1. Output 1: Road infrastructure rehabilitated ...... 11 2.4.2. Output 2: VDTA plans intend at transport and trade facilitation (TTF) with a focus on inclusive growth developed: ...... 11 2.4.3. Output 3: Institutional capacity for VDTA investment planning, project design and implementation, and resource management strengthened: ...... 11

3. POLICY AND LEGAL FRAMEWORK ...... 11 3.1. ADB Policy ...... 12 3.2. National law on involuntary resettlement and ethnic minorities ...... 12 3.2.1. Compensation, support and resettlement...... 12 3.2.2. Ethnic Minority...... 13 3.3. Documents of provinces on land acquisition and resettlement ...... 13 3.4. Government and ADB Mediation on Resettlement Policy and Ethnic Minorities...... 15

4. SITUATION REPORT OF IMPLEMENTING ACTIVITIES RELATED TO RESETTLEMENT 18 4.1. The detailed measurement survey of affected households ...... 18 4.2. Clearance and compensation ...... 22 4.3. Consult the community and publicize and disseminate information ...... 24 4.3.1. Consultation ...... 24 4.3.2. Publicity and dissemination of information ...... 35 4.4. Complaints and feedbacks...... 37 4.5. Updated resettlement and ethnic minority reports ...... 38 4.6. Ethnic minority plan of tourism sites...... 38

2 4.7. Issues related to the handover of site and resettlement ...... 39 4.8. Livelihood restoration program ...... 39 4.9. Issues related to institution and capacity training ...... 39

Appendix 1: Minutes of consultation ...... 40

Appendix 2: Detailed information of Sub-project ...... 45

Appendix 3: Site clearance cost ...... 51

Appendix 4: Commune supervision board (CSB) ...... 60

Appendix 5: The ethnic minority plan of tourism sites ...... 66

Appendix 6: List of works in the project updated to the end of the reporting period ...... 67

3

ABBREVIATION

ADB – Asian Development Bank AEC – Asian Economic Community ASEAN – Association of South East Asian Nations CLV-DTA – Cambodia-Laos-Viet Nam Development Triangle Area DPI – Department of Planning and Investment DTA – Development Triangle Area EA – Executing Agency EM – Ethnic Minority FDI – Foreign Direct Investment FS – Feasibility Study FMA – Financial Management Assessment GAP – Gender Action Plan GIS – Geographical Information System GDP – Gross Domestic Product GSO – General Statistics Office Ha – Hectare HIV/AIDS – Human immunodeficiency virus/acquired immunodeficiency syndrome HCMC – Ho Chi Minh City IFAD – International Fund for Agricultural Development IR – Involuntary Resettlement Km – Kilometer KT – Kon Tum LCB – Local Capacity Building M – Meter

4

LIST OF TABLES

Table 1. The details of construction works under the project ...... 10 Table 2. Documents of provinces on land acquisition and resettlement ...... 14 Table 3. Harmonizing Government and ADB Policies on Voluntary Resettlement Policy and Ethnic Minorities ...... 15 Table 4. The tally table of the number of affected households / land areas / works of the Project by December 2018 ...... 19 Table 5. Situation of capital allocation for site clearance ...... 22 Table 6. Situation of implementing community consultation activities ...... 24 Table 7. Situation of implementation of public activities, information dissemination ...... 36 Table 8. Situation of complaints and feedbacks ...... 38 Table 9. Situation of implementing updated resettlement and ethnic minority reports ...... 38 Table 10. Compensation budget in Kon Tum province ...... 51 Table 11. Compensation budget in Gia Lai province ...... 52 Table 12. Compensation budget in Dak Lak province ...... 54 Table 13. Compensation budget in Dak Nong province ...... 58

5

1. PURPOSE AND SCOPE OF THE REPORT

1. The Internal Resettlement Monitoring Report stage 06/2018 - 12/2018 of the project "Support to Border Areas Development Project " was compiled from the year of the Internal Resettlement Monitoring Report of 5 sub-projects of Kon Tum, Gia Lai, Dak Lak, Dak Nong and Binh Phuoc. The Internal Resettlement Monitoring Report is part of The internal monitoring report on social safe guard under the Safeguard Policy Statement (SPS2009).

2. The main activity of the project is the road improvement and repair section so the environmental impacts, ethnic minorities and resettlement policies are reviewed and mentioned in the reports, especially these contents are particularly noted by ADB in the implementation of projects funded by ADB. The internal resettlement monitoring report is carried out to assess the progress and the level of influence on the work related to site clearance, resettlement, consultation and dissemination of information on projects, recovery programs, livelihoods every 6 months. Then give solutions to mitigate the negative impacts affecting Resettlement and Ethnic Minorities. As the objectives that the donor set out (i) avoid involuntary resettlement when possible; (ii) minimizing forced resettlement required by thorough project research and design options; (iii) improve, or at least restore, the livelihoods of all affected people in a real way compared to the pre-project level; (iv) improve the living standards of the poor affected people and other vulnerable groups.

2. PROJECT BACKGROUND

3. In 2016, the Prime Minister of Vietnam ratified the "Support to Border Areas Development Project" implemented under the Loan Agreement No. 3499-VIE (COL) signed between the Asian Development Bank and the Government of Vietnam on 04/05/2017. On the same day, a Project Agreement was signed between ADB and the People's Committees of five provinces in Vietnam in the VDTA.

4. The long-term objective of the project aims to create a favorable environment for the flow of goods, people, capital and potential exploitation of agriculture, forestry and tourism by promoting economic growth, hunger eradication and poverty reduction, narrowing the gap between provinces in VDTA including Kon Tum, Gia Lai, Dak Lak, Dak Nong, Binh Phuoc1.

5. Main outputs of the project:

- Infrastructure in five VDTA provinces rehabilitated.

- VDTA plans and facilities for transport and trade facilitation, with a focus on inclusive growth developed.

- Institutional capacity for VDTA investment planning, project design and implementation, and resource management strengthened.

1 Population in the VDTA area is about 5,144,789 people, of which 33% are ethnic minority people, with a total area of 51,552 km2, about 77% of the rural population with agriculture is the main livelihood.

6 Name of Project: Support to Border Areas Development Project.

Executing Agencies (EA): Provincial People’s Committee of Kon Tum, Gia Lai, Dak Lak, Dak Nong and Binh Phuoc provinces.

Project Owner: Provincial Department of Planning and Investment (DPI) of each of the provinces: Kon Tum, Gia Lai, Dak Lak, Dak Nong, and Binh Phuoc.

Project implementation provinces: Kon Tum, Gia Lai, Dak Lak, Dak Nong, and Binh Phuoc provinces.

The Donors: Asian Development Bank (ADB.

Project implementation period: The project implementation period is from the year 2017 to 2022.

The expected Project completion date: 31/12/2022 the Loan Closing Date: 30/06/2023.

Mission ADB: The lastest Mission was held from November 21 to November 23, 2018 at ADB VRM between ADB review team and sub-project representatives (please see the attached appendix for details).

Figure 1. Project map (5 provinces of VDTA) 2.1. The Project's benefits

6. The Project will help VDTA to overcome current hurdles and contribute to carry out CLV-DTA's objectives through: (i) building greater and safer transport connectivity by upgrading critical roads linking producers to markets, and rural communes to commercial and administrative centers; (ii) improving access to schools and health care services; (iii) supporting transport and trade facilitation; (iv) promoting inclusive community based tourism to improve the livelihoods of rural people, especially ethnic minorities marginalized by recent

7 economic development ; and (v) strengthening provincial capacity for more strategic investment planning and efficient project management. This integrated area approach will help rural communes to diversify economic and employment opportunities by connecting them to increasing trade and passenger flows.

7. The Support to Border Areas Development Assistance Project will create more motives for ADB's long-term commitments to the economic partnership programme of the Greater Mekong Subregion through more cooperation and integration between border regions of 3 CLV countries. This project is also in line the Transport and Trade Facilitation Action Plan for the Greater Mekong Subregion, the CLV-DTA's Master Plan and the National Transport Development Strategy. The project is also in line with the ASEAN Tourism Strategic Plan 2016-2025, the GMS Tourism Strategy, and the Vietnam Tourism Development Strategy until 2020, with a vision to 2030. Overall, the project will contribute Expand market access opportunities as proposed by the ASEAN Economic Community.

2.2. The project’s Outputs Output 1: Road infrastructure in five VDTA provinces rehabilitated.

8. The project will include five road civil works subprojects, one in each of the participating provinces. The poor condition of critical roads constrains economic activities, including employment and income opportunities in all VDTA provinces. The project will improve physical connectivity within and among the five provinces by upgrading national and provincial roads, as well as strategic roads that link the VDTA road network to border posts with Cambodia and Lao People’s Democratic Republic. To ensure the greatest impact is achieved, the roads were selected through a multi-criteria prioritization filter. Traffic is expected to increase as the road conditions improve, and measures to mitigate the higher risk of accidents will be provided through appropriate civil works design and road safety awareness programs. The project will provide targeted traffic and road safety training to the most vulnerable road users, such as school children and other non-motorized road users.

Output 2: VDTA plans and facilities for transport and trade facilitation (TTF) with a focus on inclusive growth developed.

9. This output will stimulate inclusive economic activity by preparing an action plan to implement the CLV-DTA Master Plan and TTF agreements, taking into account ongoing and proposed TTF under other regional frameworks such as the GMS. The action plan will help project executing and implementing agencies to incorporate gender, ethnic minority, climate change and environmental aspects into integrated area development planning and execution. This soft infrastructure support supplements the rehabilitated physical connectivity by facilitating easier movement of goods and people across borders, which in turn will strengthen backward and forward linkages between agro-processing and other industries.

10. The benefits of improved transport connectivity will also be further harnessed by promoting pro-poor, ethnic inclusive tourism to boost trade in goods and services. Provincial tourism plans identify community-based pro-poor tourism as a priority and seven subprojects have been selected for Project investment in four provinces. The inclusive

8 community tourism component including small infrastructure improvements, such as water supply, solid waste and wastewater management facilities, rural access road improvements, pathways, trails and drainage, and related training to be provided, will strengthen the business enabling environment and provide new livelihood opportunities for poor rural and ethnic minority households.

11. The project will provide synergies with an ongoing regional technical assistance (RETA) to support the VDTA to integrate aspects related to protection and use of natural resources into strategic planning and the development of the VDTA Master Plan as well as their responses to climate change.

Output 3: Institutional capacity for VDTA investment planning, project design and implementation, and resource management strengthened.

12. This output will help improve the efficiency of broad investment planning, project management, and small business development within the VDTA provinces in accordance with the VDTA’s long-term development objective towards becoming a more cohesive and stronger economic area. Activities include institutional strengthening and training for officials appointed by the VDTA provinces to implement the action plans, and capacity development and business support programs for local entrepreneurs, especially women and ethnic minorities, to develop and operate small and micro enterprises such as accommodation, agro- and food-processing, food and beverage services, tourism transport services, handicraft production and other cultural industries.

2.3. The detailed information of the Subproject

9 Table 1. The details of construction works under the project

Province Construction Detailed design Safeguard document Contract award

Kon Tum PR 675A Approved Updated resetlement ethnic minority QIV 2019 plan (uREMDP) Kon K’Tu tourisim village Approved Ethnic minority plan (EMDP) Awarded Kon Bring tourisim village (Approved) Gia Lai PR 665 Not yet approved Updated resetlement ethnic minority QI 2020 (QIII 2019 as expected) plan (uREMDP) Tourism village site Not yet approved Eco-social impacts report QIV 2019 (QIII 2019 as expected) Ethnic minority plan (EMDP) Đắk Lắk NH 29 Not yet approved Updated resetlement ethnic minority QI 2020 (QIII 2019 as expected) plan (uREMDP) Ja village Not yet approved Ethnic minority plan (EMDP) QI 2020 (QIII 2019 as expected) Trinh village Not yet approved (QIII 2019 as expected) Yang Lanh village Not yet approved (QIII 2019 as expected) Đắk Nông PR 681&686 (from NH 14 to Approved Updated resetlement ethnic minority QIV 2019 Bu- Prăng border gate) plan (uREMDP) Tà Đùng eco-tourism site Not yet approved Ethnic minority plan (EMDP) QI 2020 (QIV 2019 as expected) 03 villages: N'Jriêng; Ting Wel Not yet approved Đơm; Bu Sốp, Đắk Nia (QIV 2019 as expected) commune, Gia Nghĩa town Bình Phước PR 756 Approved Updated resettlement ethnic minority QI 2020 plan (uREMDP) Lộc Khánh commune, Lộc Approved Ethnic minority plan (EMDP) QI 2020 Ninh district

10 2.4. Project progress 2.4.1. Output 1: Road infrastructure rehabilitated

13. The construction drawings design in Kon Tum, Dak Nong, Binh Phuoc was approved. This work is being implemented in Dak Lak and Gia Lai and expected to be approved in the third quarter of 2019.

14. Dak Nong is implementing cadastral mapping, the others have not done this work yet. The detailed measurement survey of AHs has not been implemented at the sub- projects. This work is expected to be completed in the third quarter of 2019.

2.4.2. Output 2: VDTA plans intend at transport and trade facilitation (TTF) with a focus on inclusive growth developed:

15. In Kon Tum, two investment tourism sites (Kon Bring and Kon K'Tu villages) have made awards of construction contract and is in the process of construction. ADB has issued the no objection letter for The Ethnic Minority Development Plan before making awards of contract.

16. In Gia Lai, the proposed tourist site (Chu Dang Ya volcanic foot) replacing the old tourist site (Ploi Tieng village) in the mission in May 2019 was requested by ADB to assess the socio-economic impact on affected people in the scope of project investment (5 ha in phase 1) to submit to ADB for review. This work in Gia Lai is expected to be carried out in the third quarter of 2019. Dak Nong proposes to remove 2 tourist sites funded by ADB loans, namely the site No 2 (supporting community-based tourism development in Pi Nao village, Nhan Dao commune) and the site No 3 (Nam Nung, developing cultural and historical tourism, Nam N'Jang commune, Dak Son). This content was discussed in the mission ADB in May 2019, according to the mission memorandum in May 2019, when adjusting the number of tourist sites, it is necessary to adjust the index of output 2 of the DMF, therefore, PPMUs need to agree: (i) the adjustment index in paragraph 13, (ii) affirm tourist sites in Gia Lai, and (iii) affirm the removal of 2 tourist sites in Dak Nong, to adjust DMF only one time.

17. Binh Phuoc has approved the detailed design of tourist sites while Dak Lak is starting to design. Provinces (except Kon Tum) are expected to make awards for the construction of tourist sites as early as the first quarter of 2020 and the ethnic minority development plan of tourist sites will be submitted to ADB in detail as follows: Binh Phuoc (7- 8/2019), Dak Lak (8/2019), Gia Lai (12/219), Dak Nong (1/2020)

2.4.3. Output 3: Institutional capacity for VDTA investment planning, project design and implementation, and resource management strengthened:

18. No activities in this report period

3. POLICY AND LEGAL FRAMEWORK

19. The policy and legal framework to address the resettlement impacts of the subproject is based on Vietnam's policies and laws and relevant ADB's involuntary resettlement policy (SPS 2009). In this section, relevant policies and laws of Vietnam,

11 including provincial regulations and ADB policies, are in place, from which there are differences between policies (of Vietnam and of ADB), policy harmonization will be implemented to develop policies and principles applied to ADB subprojects.

3.1. ADB Policy

20. Involuntary resettlement: The main objectives of ADB's policy on involuntary resettlement to avoid or minimize adverse impacts on people, households, businesses and people Other related in the process of implementing development projects. In the case of unavoidable resettlement, involuntary resettlement must be minimized by exploiting project design solutions, improving or at least restoring the living standards of affected people by the level of live before the project. SPS June 2009 also emphasized a new goal of improving the living standards of vulnerable groups and poor people. The policy applies to either complete or partial, permanent or temporary economic and property impacts due to (i) involuntary land acquisition, or (ii) restrictions on land use or rights Access to national parks has been legally regulated and protected areas. Resettlement is considered involuntary when individuals or relocating communities do not have the right to refuse land acquisition causing the above effects.

21. The main objective of ADB's indigenous safeguard policy under the SPS 2009 is to: (i) avoid the negative impacts of the project on the environment and affected people, if possible; (ii) minimize and / or compensate for adverse impacts of the project on the environment and affected people in case of unavoidable; and (iii) support to strengthen the national safety policy system, build capacity for environmental and social risk management. This policy is activated if a sub-project directly or indirectly affects the dignity, human rights, livelihood system, or culture of ethnic minorities or affects territories or natural resources, culture that ethnic minority people own, use, occupy, or affect their ancestral lands. If ADB's project affects EMs, there will be a series of general policy requirements in place to maintain, maintain and preserve their cultural identity, practice, and living environment (SR-3 of SPS 2009). A series of special requirements are provided if the project: (i) is located in the ancestral territory and the related land and natural resources of the EM people, (ii) is the commercial development project of cultural resources and knowledge of ethnic minorities; (iii) occupy traditional or customary lands; and (iv) is a commercial development project of natural resources in customary land areas currently in use, which will impact on livelihoods or cultural uses. ceremony, or spirit and identity of ethnic minority communities.

3.2. National law on involuntary resettlement and ethnic minorities 3.2.1. Compensation, support and resettlement.

22. Compensation, support and resettlement. The Constitution of the Socialist Republic of Vietnam (2013) confirms the ownership of citizens and protection of house ownership. In addition, the Government has issued a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation, assistance and resettlement. Key documents include Land Law No. 45/2013 / QH13, November 29, 2013, on comprehensive land management; Decree No. 47/2014 / ND-CP, dated May 15, 2014 on compensation, support, functional rehabilitation and resettlement in case of land recovery by the State; Decree No. 44/2014 / ND-CP dated May 15, 2014 specifies methods

12 to determine land prices and develop land price frames in case of land acquisition by the State and Decree No. 43 / 2014 / ND-CP dated May 15, 2014 guiding the implementation of the 2013 Land Law and Circular No. 37/2014 / TT-BTNMT, June 30, 2014, guiding the implementation of Decree 47/2014 / ND-CP and Circular No. 36/2014 / TT-BTNMT, June 30, 2014, guiding the implementation of Decree 44/2014 / ND-CP.

3.2.2. Ethnic Minority.

23. The following lists important policies related to ethnic minorities in Vietnam:

Decree No. 70/2001 / ND-CP of the Government, detailing the implementation of the marriage and family law. This stipulates that all documents registering family and land use rights must include the names of both husband and wife;

Decision No. 112/2007 / QD-TTg of the Prime Minister, on support policies to improve legal awareness under Program 135 - Phase II;

Decision No. 06/2007 / QD-UBDT of the Committee for Ethnic Minorities, communication strategies for Program 135 - Phase II;

Circular No. 06/2007 / TT-UBDT of the Committee for Ethnic Minorities Affairs, guiding implementation of support services, improving living standards and technical assistance to raise legal awareness under Decision 112 / 2007 / QD-by the Prime Minister;

Decision No. 05/2007 / QD-UBDT of the Committee for Ethnic Minorities, on recognition of mountainous areas and three ethnic minority areas based on development situation;

Decision No. 01/2007 / QD-UBDT of the Committee for Ethnic Minorities, on recognition of mountainous communes and districts;

Decree No. 60/2008 / ND-CP of the Government, defining the functions, tasks, powers and organizational structure of the Committee for Ethnic Minorities;

Government Resolution No. 30a / 2008 / NQ-CP on the Program to support rapid and sustainable poverty reduction in 61 poorest districts;

Decree No. 82/2010 / ND-CP of the Government, on teaching and learning ethnic minority languages in schools;

Decree No. 05/2011 / ND-CP of the Government on EM works; and

Circular No. 01/2012 / TTLT-BTP-UBDT of the Ministry of Justice and the Committee for Ethnic Minorities, guiding the implementation of legal aid for ethnic minorities.

Prime Minister Decision 551 / QD-TT dated April 4, 2014 on approving Program 135 to provide support for infrastructure development and production for extremely difficult communes. towels, border communes, ATK area communes, especially poor villages in the period of 2012-2015 and 2016-2020.

3.3. Documents of provinces on land acquisition and resettlement

13 Table 2. Documents of provinces on land acquisition and resettlement

Province Legal documents

General Land Law 45/2013 / QH13 document Decree 43/2014 / ND-CP RDetailed regulations on implementation of some articles of the Land Law Decree 47/2014 / ND-CP Regulations on compensation, support and resettlement when the State acquires land Circular 37/2014 / TT-BTNMT Detailed regulations on compensation, support and resettlement when the State acquires land Decision 63/2015 / QD-TTg On policies to support vocational training and job creation for employees whose land is recovered Decree 01/2017 / ND-CP Amending and supplementing a number of decrees detailing the implementation of the Land Law Kon Tum Decision 53/2014 / QD-UBND dated September 19, 2014 of the People's Committee of Kon Tum Province on promulgating specific regulations on some contents of compensation, support and resettlement when the State acquires land on the land Kon Tum province table. Decision No. 02/2015 / QD-UBND dated January 22, 2015 of the People's Committee of Kon Tum Province promulgating the Regulation on the implementation of democracy in land acquisition, compensation, support and resettlement when developing investment project declaration. Decision No. 20/2015 / QD-UBND dated April 24, 2015 of the People's Committee of Kon Tum Province on the amendment of Point a, Clause 2, Article 8 of the Regulation on a number of contents on compensation, support and resettlement when houses Land acquisition country in Kon Tum province issued together with Decision 53/2014 / QD-UBND dated September 19, 2014 of the People's Committee of Kon Tum province. Gia Lai Decision 09/2018 / QD-UBND Promulgating the Regulation on compensation, support and resettlement when the State acquires land in Gia Lai province Decision No. 42/2016 / QD-UBND dated October 3, 2016 of Gia Lai Provincial People's Committee on amending and supplementing a number of articles of the regulations on making cost estimates for organizing compensation, support and re-implementation Settlement when the State acquires land in the province issued together with Decision No. 15/2016 / QD-UBND dated March 21, 2016. Decision No. 15/2016 / QD-UBND dated March 21, 2016 of Gia Lai Provincial People's Committee on promulgating regulations on estimation, use and settlement of funding for organization of compensation, support, resettlement when the state acquires land in the province. Decision No. 05A / 2011 / QD-UBND dated April 25, 2011 of Gia Lai Provincial People's Committee promulgating regulations on compensation, support and resettlement when the state acquires land in Gia Lai province. Decision 56/2009 / QD-UBND dated December 24, 2009 of Gia Lai Provincial People's Committee promulgating regulations on compensation, support and resettlement when the State acquires land in Gia Lai province. Decision 59/2008 / QD-UBND dated October 21, 2008 of Gia Lai Provincial People's Committee regarding the amendments and supplements to Clause 2, Article 7, and the Decision No. 25/2008 / QD-UBND dated May 15 2008 of the Provincial People's Committee on promulgating regulations on compensation, support and resettlement when the state acquires land in Gia Lai province. Decision 04/2007 / QD-UBND dated January 15, 2007 of Gia Lai Provincial People's Committee on supplementing and adjusting regulations on compensation, support and resettlement when the State acquires land in Pleiku city with According to Decision No. 91/2006 QD-UBND dated 03/11/2006 of the Provincial People's Committee. Dak Lak Resolution 25/2017 / NQ-HDND Adjusting land use planning to 2020 and final period land use plan (2016-2020) in Dak Lak province Decision 22/2017 / QD-UBND on amending and supplementing land price list, regulations applicable to price list of all types of land; support regulations when the State acquires land in Dak Lak province at the decisions of the Provincial People's Committee Decision 16/2018 / QD-UBND Regulating the prices of service of measurement

14 and cadastral mapping; registration of land use right certificate, ownership of houses and other assets attached to land in Dak Lak province Decision 18/2018 / QD-UBND Regulations on land acquisition in case of not putting land into use, putting land into use in comparison with the progress of land use in the land lease and sublease contract with enterprises investing in infrastructure business in industrial zones, export processing zones, industrial clusters, trade villages in Dak Lak province Dak Nong Decision No. 177 / QD-UBND dated January 30, 2015 of Dak Nong Provincial People's Committee on temporary provision of compensation prices for crops on land when acquires land in Dak Nong province Decision No. 06/2018 / QD-UBND dated March 19, 2018 of Dak Nong People's Committee on amending and supplementing a number of articles of specific provisions on compensation, support and resettlement when the state acquires land in Dak Nong province issued together with Decision No. 07/2015 / QD- UBND dated January 29, 2015 of Dak Nong Province People's CommitteeDecision No. 07/2018 / QD-UBND dated March 21, 2018 of Dak Nong Provincial People's Committee regarding the coefficient of adjustment of land price (K) in 2018 in Dak Nong province Binh Phuoc Decision 13/2015 / QD-UBND Promulgating regulations on policies, procedures, procedures for compensation, support and resettlement when the State acquires land in Binh Phuoc province Decision No. 56/2017 / QD-UBND of Binh Phuoc Province People's Committee issued on December 22, 2017 promulgating land price adjustment coefficient to meet replacement cost in Binh Phuoc to apply in 2018. The unit price of architectural, plant and other property items is temporarily calculated if not specified or applied according to Decision No. 05/2018 / QD- UBND dated 12/01/2018 of the People's Committee of Binh Phuoc Province regarding the regulation. unit price for compensation, support for houses, architectural objects and plants when the state recovers land in Binh Phuoc province;

3.4. Government and ADB Mediation on Resettlement Policy and Ethnic Minorities.

24. With the issuance of the Land Law in 2013, including Decree No. 47/2014 / ND - CP and Decree No. 43/2014 / ND - CP, Decree No. 44/2014 / ND - CP, Government policies and practices have become more relevant to ADB policies on involuntary resettlement (SPS 2009). However, there are still some significant gaps between Government policies and ADB's policy on involuntary resettlement..

25. The table below provides an analysis of the lack of ADB Policy (SPS 2009) and Government policy on involuntary resettlement and ethnic minorities, and measures to be applied to sub-projects.

Table 3. Harmonizing Government and ADB Policies on Voluntary Resettlement Policy and Ethnic Minorities

Policy applies to the Issues Vietnam Policy ADB Policy (SPS 2009) project People are Decree 47/2014 / ND - Impacts from involuntary Affected people who seriously CP, Article 19, Clause 3: resettlement of ADB-assisted lose 10% or more of affected, losing Affected people who lose projects will be considered production materials or productive land 30% or more than 30% of significant if 200 or more have to relocate to new productive agricultural people are severely affected residence will be land are considered to be such as (i) displaced housing, considered seriously seriously affected and are or (ii) lose 10% or more affected. entitled to livelihood productive assets (income

15 Policy applies to the Issues Vietnam Policy ADB Policy (SPS 2009) project restoration measures. generation)

Households do Land Law 2013, Article 77, Affected persons without Those who are affected not have Clause 2, Article 92: legal rights to land will be by the project without Certificates of Those who have used consulted. Ensure that legal or certification Land Use Right land before July 1, 2004 affected persons do not have papers with the acquired and directly engaged in legal rights to land eligible for land will still be entitled agricultural production on resettlement assistance and to participate in the recovered land without an compensate for non-land possible consultations Certificates of Land Use assets, structures and other and benefit projects, Right or illegal will be improvements to the land and will be compensated for the area such as Crop season, compensation for assets acquired but not irrigation with full other than their lost land exceeding the quota on replacement cost. such as houses and agricultural land allocation. structures built before There is no compensation Safeguard policies include the cut-off date and not for non-land assets in the involuntary restrictions on in violation of the following cases: (i) assets land use or access to provisions of land law. recovered under the conservation areas. Includes They will be entitled to provisions of one of the temporary and partial resettlement assistance, points a, b, d, e, e, I, damages other compensation and clause 1, Article 64 and other compensatory points b, d, clause 1, social assistance to help Article 65 of the Land Law improve and or at least 2013; assets created after restore living standards being informed of land and income levels acquisition and (iii) unused before the project.. public infrastructure and other works.

Compensation Land Law 2013 , Article Compensation at full Compensation at full unit price for 114, Clause 3: Land price replacement cost. replacement cost. land for calculating compensation is the price of a specific parcel.

Compensation Land Law 2013 , Article Compensation unit price for Full compensation at for houses and 89, section 1: houses recovered houses, land and replacement cost will be works /works used for living other assets will be charged to all affected purposes will be calculated at full replacement works without deduction compensated at cost, based on: i) general for materials that can replacement cost. Decree market value, ii) transaction take advantage or 47, Article 9: The house / costs, iii) accrued interest, iv) depreciation of works. structure used for other transition and recovery costs, purposes will be v) other payments applied. compensated by the residual value of the affected house plus a percentage of the present value, but the total amount of compensation does not exceed the value of the new house / work.

16 Policy applies to the Issues Vietnam Policy ADB Policy (SPS 2009) project Compensation Land Law 2013, Article 90: Bồi thường theo giá thay thế Bồi thường theo giá cụ for crops and Compensation by crop đầy đủ thể được đưa ra bới livestock, crops output value will be thẩm định giám định and perennials calculated based on the viên độc lập highest yield of the production season in the last 3 years multiply by the average local price at the time of land acquisition.. Compensate by the present value of the orchard, based on local prices at the time of land acquisition, including the value of the rights of land users. Prepare Decree No. 47/2014 / ND - Prepare resettlement plan Prepare resettlement resettlement CP, Article 28: Prepare plan plan compensation, support and resettlement plans when the State recovers land for the purposes of national defense and security; development of economic, social and interests of national, public .

Ethnic minorities Action There are no regulations of Prepare an EMDP based on The EMDP will be planning the Government on the social impact assessments prepared and updated preparation of EMDP and full consultation with the and the consultant will support of qualified and be recruited to help experienced experts and prepare the EMDP, draw local information and implement and monitor. participation of affected ethnic minority communities Recognizing The issue of customary Prepare an action plan to Full consultation with customary rights or possession of recognize customary rights to local EMs will be rights ancestral land has not yet land or territories when the conducted to identify been fully recognized project goes through areas with customary including (i) activities that rights and reflect issues occur on land or territories in the EMDP updated that are acknowledged in with specific actions to terms of legal that ethnic protect or compensate minority people have owned, for area used or held in custom, or (ii) land acquisition for the above-mentioned lands. Third party Not requirement The borrower is required to In the case of small- certification in recruit an independent third scale land donation, a consultation party to record the third party consultant will

17 Policy applies to the Issues Vietnam Policy ADB Policy (SPS 2009) project regarding land negotiation process and verify and report on the donation openly address the risks of negotiation and asymmetries of information resolution process as and bargaining power of part of the compliance stakeholders in the this land assessment report. A donatation activities. voluntary land donation form signed by the landlord, witness and village head will be attached to the report. Monitoring There are no monitoring The monitoring of indicators The project indicators is prescribed to monitor and implementing agency report internally and must conduct internal externally. In the case of monitoring based on significant or sensitive important indicators. impacts, an independent monitoring organization will The expected negative be required to conduct impact of the project is monitoring on resettlement small and there is no and EM implementation. need to recruit an independent monitoring organization.

4. SITUATION REPORT OF IMPLEMENTING ACTIVITIES RELATED TO RESETTLEMENT

4.1. The detailed measurement survey of affected households

26. In the reporting period, Dak Nong is carrying out cadastral mapping, the remaining provinces have not done this work yet. Detailed measurement survey of AHs is expected to be implemented in the third quarter of 2019 so the detailed data of measurement in the report is taken according to the official data of the latest stage (PPTA 2016).

27. The total number of affected households (Ahs) is 669 households, in which Dak Lak subproject has the highest number of affected households with 479 households, Dak Nong has 98 households, Gia Lai has 68 households, Kon Tum has 15 households and Binh Phuoc has 9 households.

18 Table 4. The number of affected households / land areas / works of the Project by December 2018

Affected households can receive Area of affected land Affected Works compensation or relocation / resettlement

Project output/ Location Ethnic Household Permanent Temporary Box Total of Pile Yard, fence minority that women is affected area affected culvert households culvert (m2) households householger (m2) area(m2) (m2)

Kon Tum sub-project2 Output I: Upgrading of provincial road 675A DMF: implement in QIII 2019 as expected Package: KT-Cw-01 Ia Tang commune ------Ia Toi commune ------Package: KT-Cw-02 Ia Toi commune 2 - - 8.794 8.100 - - - Ia Dal commune 13 1 - 7.144 1.250 - - - Total 15 1 - 15.938 9.350 - - - Gia Lai sub-project Output I: Upgrading of provincial road 665 DMF: implement in QIII 2019 as expected Package: GL-Cw-01 Ia Bang commune 3 - 1 - - 7,5 11 46,3 Ia Tor commune 24 3 2 - - 31,35 54 282,25 Ia Me commune 1 - 0 - - 0 8 12 Ia Pia commune 26 - 2 - - 35,16 70 442,02 Package: GL-Cw-02 Ia Ga commune 4 1 1 - - - 14,6 62,5

2 The tally data in the table of Kon Tum and Gia Lai provinces remain the same as the conceptual design steps in 2016 of the two provinces. There will be updates when the following steps are implemented.

19 Affected households can receive Area of affected land Affected Works compensation or relocation / resettlement

Project output/ Location Ethnic Household Permanent Temporary Box Total of Pile Yard, fence minority that women is affected area affected culvert households culvert (m2) households householger (m2) area(m2) (m2)

Ia Mor commune 10 7 0 7.686 5.876 - - - Total 68 11 6 7.686 5.876 74,01 157,6 845,07 Dak Lak sub-project3 Output I: Improving road infrastructure of NH.29 DMF: implement in QIII 2019 as expected

Package: DL-Cw-01

- - Krong Buk District 300 9 26 645 221 3124,82

Pong Drang commune ------Ea Ngai commune 187 - 6 - - - 173 910,82 Cu Pong commune 113 20 645 - - 48 2214 Cu Mgar district 179 11 14 611 - - 113 2307,85 Cu Dlie Mnong commune 86 - - 10 - - 76 1022 Ea Kueh commune 32 - - 601 - - 20 291 Ea Tar commune 1 ------Package: DL-Cw-02 Ea Kiết commune 60 - 11 - - - 37 994,85 Krông Na commune 0 - 0 - - - Total 479 20 - 1.256 - - 353 5432,67

3 Data collected in the Resettlement Plan was approved in Decision No. 2081/QD-UBND dated 15/7/ 2016 of the People's Committee of Dak Lak Province.

20 Affected households can receive Area of affected land Affected Works compensation or relocation / resettlement

Project output/ Location Ethnic Household Permanent Temporary Box Total of Pile Yard, fence minority that women is affected area affected culvert households culvert (m2) households householger (m2) area(m2) (m2)

Dak Nong sub-project4 Output I: Upgrading of road from NR 14 to Bu Prang Border Gate DMF: implement in QIII 2019 as expected Package: DN-Cw-01 N'Jang commune 8 0 - 42,3 - - - 0 Dak N’Drung Commune 53 15 - 1361,3 - - - 607,88 Dak Buk So Commune 14 8 - 185,61 - - - 121 Package: DN-Cw-02 Dak Buk So Commune 10 5 - 77,31 - - - 17,6 Quang Truc Commune 13 1 - 48 - - - 226 Total 98 29 1.714,52 972,48 Binh Phuoc sub-project5 Out put I: Upgrading of PR.756 DMF: implement in QIII 2019 as expected Package: BP-Cw-01 Minh Lap commune 0 - 0 - - - - - Tan Hung commune 1 - - - - - 25 20 Package: BP-Cw-02 Loc Quang commune 5 - 1 33,6 - - 33,5 18,6 Loc Phu commune 3 - 130 - - 133 10 Total 9 - 1 163,6 - - 191,5 48,6 Total in 5 sub-projects 669 61 7 25503.376 15226 74.01 702.1 7298.82

4 Data is collected at the consultation stage of the construction drawing design step in April 2018. 5 Damage inventory data is provided by the Department of Planning and Investment of Binh Phuoc Province in October 2017.

21 4.2. Clearance and compensation

28. ADB's SPS requires that recovered land, housing, and other assets are to be compensated at full replacement cost before relocation to support components or available parts for construction activities of project. Compensation is paid when the cash or check has been given to the AP or transferred to their bank account, or deposited into a trust account. A good practice is to send compensation to the joint account of both the husband and wife and the borrower's project representative to ensure that compensation is paid for replacement assets.

29. By the end of the reporting period, the site clearance has not been implemented, so the disbursement data has not been updated

Table 5. Situation of capital allocation for site clearance

Disbursement plan Delayed Budget Progress of Specific resettlement compared request for Source of Allocation disbursement activities are funded Capital Outpu/Location to The reason of land financing status to the time of during the Reporting disbursement disbursem the delay acquisition reporting Period ent plan? (Yes/No) Kon Tum sub-project

Road Counterpart Not done yet 3.891.845.4006 Not done yet Not done yet No compoment fund Implement in QI 2020

Gia Lai sub-project Road Counterpart Not done yet 2.003.701.6677 Not done yet Not done yet No compoment fund Implement in QI 2020 Dak Lak sub-project

6 The decision No 669/QĐ-UBND dated 14/7/2017 regarding to apprval of the feasibility study report in the SBADP- Kon Tum sub project 7 The decision No 1039/QĐ-UBND dated 15/10/2018 regarding to approval additional basic design of the construction “Upgrading of PR 665” and total investment of the SBADP- Gia Lai sub-project

22 Disbursement plan Delayed Budget Progress of Specific resettlement compared request for Source of Allocation disbursement activities are funded Capital Outpu/Location to The reason of land financing status to the time of during the Reporting disbursement disbursem the delay acquisition reporting Period ent plan? (Yes/No) Road 10.647.316.319 Counterpart Not done yet Not done yet Not done yet No component 8 fund Implement in QI 2020

Dak Nong sub-project Road Counterpart Not done yet 248.243.3659 Not done yet Not done yet No component fund Implement in QI 2020 Binh Phuoc sub-project Road Counterpart Not done yet 220.597.00010 Not done yet Not done yet No component fund Implement in QI 2020

8 The decision No 3172/QĐ-UBND dated 22/11/2018 regarding to approval of the FS report of SBADP- Dak Lak 9 RP is approved in 6/2016 10 RP is approved in 6/2016

23 4.3. Community consultation and information publish and dissemination 4.3.1. Consultation

30. As of June 2019, the sub-projects consultations with 1614 participants were conducted, in which the number of ethnic minority participants was 778 people (accounted for 48.2%) and the female participants was 815 people (accounted for 50.5%). In which Kon Tum subproject has the highest number of participants with 571 people, of which 480 people are ethnic minorities (84.1%) and 60.8% are female. Other subprojects have fewer participants, overall the project requires 50% of the participant is women has been achieved. Specifically, the number of participants and the contents of each phase in the sub-projects are as follows:

Table 6. Situation of implementing community consultation activities

Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation Kon Tum province: - 2016: PPTA stage (preliminary measurement, resettlement and enviroment) - 6/2018: detailed design (design method)

Item: Upgrade PR 675A

Ia H’Drai DPC’s staff, PMU, Local people and authorities want the project to be 1 DPC 11 1 4 district PISC, DD implemented soon to facilitate transportation and trade of CPC’s staff, PMU, Ia Toi CPC 20 11 10 agricultural and forestry products. PISC, DD During construction, environmental protection measures Village 9 Cultural Local people, PISC, 2 85 72 53 should be strictly adhered to, especially along the Se San Ia Toi House DD 3A hydropower area. Village 7 Cultural Local people, PISC, 63 34 44 People want to receive support from the government in House DD resettlement compensation to ensure people's lives CPC’s staff, PMU, Ia Dal CPP; 14 7 7 PISC, DD 3 Ia Dal Village 2 Cultural Local people, PISC, 67 57 42 House DD

24 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation CPC’s staff, PMU, 4 Ia Dom Ia Dom CPC 14 7 7 PISC, DD Item: Investment in upgrading the construction of community tourism sites

Kon K’Tu There are 4 consultation meetings in the detailed design CPC’s staff, PMU, village Đắk phase. People in the area want the project to implement 1 Kon K’Tu PISC, DD, local 119 119 62 Rơ Wa people environmental hygiene, labor safety and not affect the local commune tourism values when implementation of construction Kon Bring activities. CPC’s staff, PMU, village, 2 Kon Bring PISC, DD, local 178 172 118 Local people want to participate in construction and Đắk Song people operation activities to both earn more income and preserve commune the local culture

Total 571 480 347

Percentage 84.1% 60.8% Gia Lai province: - 2016: PPTA stage (preliminary measurement, resettlement and enviroment) - The reporting period: Not done yet PPTA stage (03/2016)

Item: Upgrade PR 665

Representative of People noted that trucks must cover its carrying material to CPC, 1 Ia Pia Ia Pia CPC 15 4 4 avoid it from falling out, to limit watering dust when mass organizations, necessary. affected persons It’s required to attention to carrying materials and putting Representative of 2 Ia Mor Ia Mor CPC CPC, 12 10 1 signs in some residential areas and schools. mass organizations,

25 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation affected persons In the process of design and construction, attention should be paid to the water ponds, which should be minimized / Representative of avoided (if any) these water ponds. CPC, 3 Ia Ga Ia Ga CPC 8 4 2 In the process of site clearance, if any problem arises, it is mass organizations, affected persons required that the project should hold separate meetings for directly affected households (if any) so that the households can get specific information. JaRai people want to participate in project activities as unskilled workers working for contractors or participating in Representative of CPC, propaganda activities for HIV/AIDS, social evils, human 4 Ia Tor Ia Tor CPC 23 9 8 mass organizations, trafficking prevention and traffic safety affected persons The current wage is about 170,000 - 200,000 VND per day depending on the work. People in the project area want to be able to work in universal labor if they are employed by the contractor

Total 58 27 15

Percentage 46.6% 25.9%

Detailed design stage (3/2019)

Item: Upgrade PR 665

CPC’s staff, Design People noted that trucks must cover its carrying material to 1 Ia Bang Ia Bang CPC Consultant, PISC, 22 17 17 avoid it from falling out, to limit watering dust when local people necessary. CPC’s staff, Design attention to carrying materials and putting 2 Ia Tor Ia Tor CPC Consultant, PISC, 56 27 28 It’s required to local people signs in some residential areas and schools.

26 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation CPC’s staff, Design In the process of design and construction, attention should 3 Ia Me Ia Me CPC Consultant, PISC, 47 39 34 be paid to the water ponds, which should be minimized / local people avoided (if any) these water ponds. CPC’s staff, Design In the process of site clearance, if any problem arises, it is 4 Ia Pia Ia Pia CPC Consultant, PISC, 22 12 13 local people required that the project should hold separate meetings for CPC’s staff, Design directly affected households (if any) so that the households 5 Ia Ga Ia Ga CPC Consultant, PISC, 33 17 17 can get specific information. local people JaRai people want to participate in project activities as unskilled workers working for contractors or participating in propaganda activities for HIV/AIDS, social evils, human CPC’s staff, Design trafficking prevention and traffic safety 6 Ia Ga Ia Ga CPC Consultant, PISC, 34 32 18 The current wage is about 170,000 - 200,000 VND per day local people depending on the work. People in the project area want to be able to work in universal labor if they are employed by the contractor

Total 214 144 127

Percentage 67.29% 59.35% Dak Lak province: - 2016: PPTA stage (preliminary measurement, resettlement and enviroment) - The reporting period: Not done yet PPTA stage (3/2016)

Item: Upgrade NR 29

Representative of People should note that construction should be avoided 1 Ea Tar Ea Tar CPC CPC, 5 - 2 during the coffee harvest season because of large vehicle mass organizations,

27 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation affected persons traffic, affecting people going to the fields and transporting coffee Representative of CPC, 2 Ea Ngai Ea Ngai CPC 20 - 4 mass organizations, affected persons Representative of CPC, 3 Ea Kiet Ea Kiet CPC 12 - 4 mass organizations, affected persons Representative of CPC, 4 Ea Kueh Ea Kueh CPC 31 - 2 mass organizations, affected persons Representative of Cu Dlie Dlie Mnong CPC, 5 15 3 3 Mnong CPC mass organizations, affected persons

Total 83 3 15

Percentage 3.6% 18.1%

Detailed design stage (5/2019)

Items: Upgrade NR 29 and tourist villages

Representatives of - Design items should be appropriate to ensure traffic safety Pong PPC, FFC, mass - Avoid construction in the coffee harvest season because 1 Village 15’s Hall 20 1 14 Drang organizations and of large vehicle traffic, affecting people going to the fields people and transporting coffee. Representatives of 2 Ea Ngai CPC’s Hall 66 0 38 PPC, FFC, mass - The road through the commune has no ditches (discharge

28 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation organizations and gate) draining water into surrounding lakes and ponds. people Currently, rainwater draining down to people's gardens Representatives of causes soil erosion and affects crops. PPC, FFC, mass 3 Cu Pong CPC’s Hall 44 9 23 - Reasonable measures should be taken when treating organizations and people waste and soil blocking off culverts across roads and they Representatives of should be suitable to the climate and soil conditions in the Cu Dlie Dak Ha Tay PPC, FFC, mass Central Highlands when having heavy rain causing soil 4 39 1 22 Mnong village’s Hall organizations and erosion. people - It is recommended to design additional solid walls, Representatives of planting trees around to create landscapes and contributing Thac Da PPC, FFC, mass 5 Ea Kueh 67 29 38 to protecting the exhibition house. village’s Hall organizations and people Representatives of K’Đóh village’s PPC, FFC, mass 6 Ea Tar 41 19 24 Hall organizations and people Representatives of PPC, FFC, mass 7 Ea Kiet CPC’s Hall 43 1 23 organizations and people Representatives of Ea Mar and PPC, FFC, mass 8 Krong Na Yang Lanh 57 34 35 organizations and village’s Hall people Representatives of PPC, FFC, mass 9 Hoa Son Ja village’s Hall 21 15 11 organizations and people

29 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation Representatives of An Lac Commune PPC, FFC, mass 10 36 24 18 ward cultural house organizations and people

Total 443 133 246

Percentage 30,02% 56,53% Dak Nong province: - 2016: PPTA stage (preliminary measurement, resettlement and enviroment) - 5/2018: detailed design (design method) - The reporting period: Not done yet Item: Upgrade the road section from the beginning of NR 14 to Bu Prang border gate

PPTA stage (03/2016)

Representative of Dak CPC, 1 Dak N’Drung 16 - 7 N’Drung CPC mass organizations, affected persons

Representative of Dak Buk So CPC, 2 Dak Buk So 13 - 3 CPC mass organizations, affected persons Detailed design (03/2019)

Representative of People agree with the policy of investment in construction CPC, mass of the project Nâm N’Jang 1 Nâm N’Jang organizations, 4 1 2 CPC During the construction process, officials and local people affected persons, should pay attention to ensuring environmental safety and nonaffected persons

30 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation Representative of hygiene CPC, mass Ethnic minorities want to participate in the project Đắk Đắk N’Drung 2 organizations, 6 2 3 N’Drung CPC construction process to improve their income affected persons, nonaffected persons Representative of CPC, mass Đắk Buk So 3 Đắk Buk So organizations, 4 2 1 CPC affected persons, nonaffected persons Representative of CPC, mass Quang Trực 4 Quang Trực organizations, 4 2 3 CPC affected persons, nonaffected persons

Total 47 7 19

Percentage 14.9% 40.4% Binh Phuoc province: - 2016: PPTA stage (preliminary measurement, resettlement and enviroment) - 12/2017: detailed design (design method, preliminary measurement of AHs) - The reporting period: Not done yet Item: Upgrade provincial road 756

PPTA stage (03/2016)

Representative of CPC, mass Loc Quang 1 Loc Quang organizations, 12 2 2 CPC office affected persons, nonaffected persons

31 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation Representative of CPC, mass Loc Phu CPC 2 Loc Phu organizations, 23 03 2 office affected persons, nonaffected persons Representative of CPC, mass Tan Hung CPC 3 Tan Hung organizations, 9 1 2 office affected persons, nonaffected persons Representative of CPC, mass Loc Hiep CPC 4 Loc Hiep organizations, 31 - 10 office affected persons, nonaffected persons Representative of CPC, mass Thanh An CPC 5 Thanh An organizations, 9 - 3 office affected persons, nonaffected persons Representative of CPC, mass Tan Loi CPC 6 Tan Loi organizations, 7 - 2 office affected persons, nonaffected persons Representative of CPC, mass Minh Lap CPC 7 Minh Lap organizations, 8 1 2 office affected persons, nonaffected persons Detailed design (12/2017)

32 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation Representative of People in the area want the project to CPC, mass Loc Quang be implemented soon to facilitate their 1 Loc Quang organizations, 12 2 2 CPC office transportation and business affected persons, nonaffected persons Representative of CPC, mass Loc Phu CPC 2 Loc Phu organizations, 23 3 2 office affected persons, nonaffected persons Representative of CPC, mass Tan Hung CPC 3 Tan Hung organizations, 9 1 2 office affected persons, nonaffected persons Representative of CPC, mass Loc Hiep CPC 4 Loc Hiep organizations, 31 - 10 office affected persons, nonaffected persons Representative of CPC, mass Thanh An CPC 5 Thanh An organizations, 9 - 3 office affected persons, nonaffected persons Representative of CPC, mass Tan Loi CPC 6 Tan Loi organizations, 7 - 2 office affected persons, nonaffected persons

7 Minh Lap Minh Lap CPC Representative of 8 1 2

33 Number of EM Consultation minutes No Commune Location Participants Female participants people The contents should be noted in the consultation office CPC, mass organizations, affected persons, nonaffected persons Total 198 14 46

Percentage 7.1% 23.2% Total in 5 VI 1614 778 815 subprojects

Percentage 48.2% 50.5%

34 4.3.2. Publish and dissemination of information

31. Information dissemination, consultation, and participation constitute an integrated process in the preparation and implementation of resettlement plans. SPS requires borrowers / customers to disseminate information to affected people and consult them in a manner that corresponds to the expected impacts of the project on affected communities.

32. The borrower / customer is required to inform and consult affected people about resettlement options for compensation and provide them with project-related information during resettlement planning and implementation. Information dissemination should be carried out before consultation. The dissemination of limited information can cause damage to the project. The benefits of information dissemination are summarized as follows:

i. Information dissemination brings better awareness of the project and its objectives. ii. Information dissemination helps promote participatory development strategies and make decisions that are appropriate for the locality. iii. Stakeholders understand better information thanks to a two-way flow of information between project sponsors and affected people and affected communities. iv. Disseminate information to improve the project ownership of affected people.

35 Table 7. Situation of implementation of public activities, information dissemination

Is the approved URP translated Project information Is the project Consult the into Vietnamese popularized to manual has been information manual Estimated time of Location community to the neighborhood / village level? issued for AHs (time / public at community? publication present (time) (yes / no) method*) (yes / no) Kon tum Not done yet June 2018 Yes August 2019 QI 2020 It is expected to be approved in the Form: Leaflets June 2018 fourth quarter of 2019 Gia Lai Not done yet Not done yet Yes October 2019 QI 2020 It is expected to be approved in the Expected in the first May 2019 fourth quarter of 2019 quarter of 2019 Dak Lak Not done yet Not done yet Yes September 2019 QI 2020 It is expected to be approved in the Expected in the first May 2019 fourth quarter of 2019 quarter of 2019 Dak Nong Not done yet May 2018 Yes August 2019 QI 2020 It is expected to be approved in the Form: Leaflets May 2018 fourth quarter of 2019

Binh Phuoc Not done yet December 2017 Yes September 2019 QI 2020 It is expected to be approved in the Form: Leaflets December 2017 fourth quarter of 2019

36 4.4. Complaints and feedbacks.

33. To ensure that all inquiries and complaints of affected people on any aspect related to land acquisition, compensation and resettlement are resolved in a timely and satisfactory manner, and In order for APs to submit complaints easily and conveniently, a good complaint mechanism needs to be established. All APs can send any questions to project implementing agencies about their rights related to compensation rights, compensation policies, compensation unit prices, land acquisition, and resettlement, supporting and income recovery. Moreover, APs will not have to pay any fees from all administrative and legal costs that may arise in resolving complaints, and complaints at any level and any court. Resolving grievances on the compensation mechanism of the project will be implemented in accordance with the Law on Complaint No. 02/2011 / QH13 and regulations on complaints in Decree 75/2012 / ND-CP dated November 20, 2012. Complaints will proceed through 3 stages before using the last option to be put on a court of law.

34. Step one, Commune People's Committee: Households with complaints can present their complaints in writing or verbally to any member of the Commune People's Committee, or through the village head or directly to the CPC. The task of a member of the CPC or village head is to inform the CPC about the complaint. The CPC will work separately with the affected household who has a complaint and will have 30 days, a maximum of 45 days after receiving the complaint, depending on the complicated case or distance, to resolve. The CPC is responsible for documenting and storing all complaints that they are handling.

35. Step two, District People's Committee: If after 30 days or 45 days (for remote areas) affected households do not receive settlement from the CPC, or if affected households is dissatisfied with the decision on his or her complaint, and the affected household may present the complaint, in writing or verbally, to any member of the DPC. The District People's Committee will have 30 days or a maximum of 70 days to resolve the complaint after receiving the complaint, depending on the complexity of the case or remote areas, to resolve the case. The District People's Committee is responsible for compiling and filing all complaints that will be handled and will inform any decision made to the Compensation Committee and the Compensation Committee is responsible to assist the DPC to resolve the complaint of affected households. The DPC must ensure that their decision is notified to the complainant..

36. Step 3, Provincial People's Committees: If after 30 days or 45 days (in remote areas) affected households do not receive the settlement from DPC, or if the affected households are not happy with the decision on their complaint, the affected household can take the case in writing to any member of the provincial People's Committee. PPCs have 30 days or a maximum of 70 days, depending on the complexity of the case or remote areas, to resolve complaints that ensure the satisfaction of all parties concerned. The PPC is responsible for compiling and filing all complaints.

37. Last step, the court: If after 30 days after the receipt of the complaint to the PPC, the complainant does not receive the resolution from the PPC, or is not satisfied with the decision, the complainant has the right to appeal again to the PPC. If the complainant

37 does not agree with the second decision of the PPC, the case can be brought to court for trial. If the court sets the rules in favor of the complainant, the PPC will have to increase the level of compensation in accordance with the decision of the court. In case the court is on the side of the PPC, the complainant will receive the compensation level approved by PPC.

38. Complaint settlement mechanism was publicized to the affected households during the preparation of the Ethnic Minorities Resettlement Plan and was re-informed to the households during the meetings and consultations were further disseminated to the people during the Ethnic Minorities Resettlement planning process.

Table 8. Situation of complaints and feedbacks

Province Activities in reporting period

Kon Tum No activity in the reporting period

Gia Lai No activity in the reporting period

Dak Lak No activity in the reporting period

Dak Nong No activity in the reporting period

Binh Phuoc No activity in the reporting period

4.5. Updated resettlement and ethnic minority reports

39. Updated resettlement and ethnic minority reports have not been updated in the reporting period due to the lack of implementation of detailed tally activities.

Table 9. Situation of implementing updated resettlement and ethnic minority reports

Activities in the Expected time to Province RP report approval reporting period update uREMDP

Kon Tum 6/2016 Not done yet Q3 /2019

Gia Lai 6/2016 Not done yet Q4 /2019

Dak Lak 6/2016 Not done yet Q3 /2019

Dak Nong 6/2016 Not done yet Q3 /2019

Binh Phuoc 6/2016 Not done yet Q4 /2019

4.6. Ethnic minority plan of tourism sites

40. The ethnic minority plan (EMP) of tourism sites in Kon Tum province is received the no-objection letter by ADB before implementing of contract award of construction package.

38 41. In the remaining provinces, the EMP has not been implemented yet in the reporting period.

4.7. Issues related to the handover of site and resettlement

42. At the time this report has not been implemented. It will be updated in the next reporting period. The plan to submit to ADB the ethnic minority development plan is as follows: Gia Lai (12/2019), Dak Nong (1/2020), Binh Phuoc (7-8/ 2019), Dak Lak (8/2019)

4.8. Livelihood restoration program

43. Livelihood restoration program is expected to be carried out after the completed, detailed tally (the third quarter of 2019). During the preparation phase of the RP report, it has not been specified the survey data on livelihood restoration program.

4.9. Issues related to institution and capacity training

44. All departments have sent focal point in charge of resettlement, environment, society and gender. These staff were also trained by PISC on ADB safeguard policies in January 2018 and May 2019. However, the rotation and change of personnel/work of the staff in charge of the sub-projects made PISC encounter certain difficulties in the process of guiding the implementation of project activities.

45. In addition, at the sub-projects, due to the lack of implementation of many ODA-funded projects, there is not much experience in the implementation process and most of the staff are not currently involved in ADB safeguard policies training courses taught by ADB experts. The table below is a list of full-time staff at the sub-projects:

Participate in ADB safety Province Staff Contact information policy training Mobile: 0989 598 989 Kon Tum Doan Ngoc Loi Not yet Email: [email protected] Mobile: 0982121725 Gia Lai Nguyen Hoang Thuan Not yet Email: [email protected] Mobile: 0913435153 k L k Nguyen Viet Nhan Not yet Đắ ắ Email: [email protected] Mobile: 0982473386 Đắk Nông Ta Cong Quang Email: Not yet [email protected]

Bình Phước Nguyen The Hung Mobile: 0907.062.901 Not yet

39 Appendix 1: Minutes of consultation

40 41 42 43 44 Appendix 2: Detailed information of Sub-project

Sub-project Information

Project’s name: The Support to Border Areas Development Project- Kontum sub-project. The sponsor: Asian Development Bank (ADB). Executing agency: Kon Tum PPC. Project owner: Department of Planning and Investment (DPI) of Kon Tum province. Total investment: 25.298.000 USD (ADB fund and reciprocal capital). Project time: 08 years (4/2016 – 6/2023). Project’s location: Ia H’Drai, Kon Plong district and Kon Tum city. The main activity of the Kon Tum Sub-project mainly focuses on Output 1. - Output 1: Upgrade of provincial road 675A. + Output 1.1: Upgrade of provincial road 675A. The subproject road has the starting point at Se San 3 hydropower plant (km22 + 198) - Endpoint: At Ho Da open entrance. This subproject is in region of Ia H’Drai district, pass communes of Ya Tang, Ia Toi, VI (splited from Ia Toi commune), Ia Dal and IV (splited from Ia Dal commune). Total anticipated length is 70,8Km. Kon Tum province11 Scale: The 675A road will be upgraded and repaired according to class B - rural road standard (TCVN 10380:2014) and class V – mountainous standard (TCVN 4054:2005) + Output 1.2: Raising awareness on Traffic safety. The project will provide training courses on capacity building, awareness building in traffic safety for many beneficiaries in the project area. A consulting unit with speciality in training on this field will be selected by PPMU to provide training classes on traffic safety. - Output 2: VDTA plans intend at transport and trade facilitation (TTF) with a focus on inclusive growth developed. Focuses on developing community-based tourism in Kon Bring village, Dak Long commune, Kon Plong district and Kon K’Tu village 8km away from Kon Tum city. Main activities: Upgrading infrastructure, purchasing equipments, organizing training classes on tourism servicing skills, preservation activities of traditional craft and culture and other related works. - Output 3: Institutional capacity for VDTA investment planning, project design and implementation, and resource management strengthened. Implementing gender action plan (GAP) with the aim of increasing participation and role of women in project activities, ensuring women’s right and interest must be fair. Develop a specific program with intensive orientation in order to exploit at most the project's results in the framework of local socio-

11 The decision No 669/QĐ-UBND dated 14/07/2017 on approval of the feasibility study of the Support to border areas project – Kontum sub-project

45 Sub-project Information

economic development plan. Project’s name: The Support to Border Areas Development Project - Gia Lai sub-project. The sponsor: Asian Development Bank (ADB). Executing agency: Gia Lai PPC. Project owner: Department of Planning and Investment (DPI) of Gia Lai province. Total investment: 22.100.000 USD (ADB fund and reciprocal capital). Project time: 06 years (2017– 2022). Project’s location: Chư Prông, Chư Păh district, Pleiku city and other places in Gia Lai province. The main activity of the Gia Lai Sub-project is mainly focused on Output 1. - Output 1: Upgrading road infrastructure. + Output 1.1: Upgrading provincial road 665. The starting point at Phu My intersection, Ia Bang village nearby NR.14 goes through Ia Bang, Ia Tôr, Ia Pia, Ia Me, Ia Ga and Ia Mơr Gia Lai province12 village - Endpoint: nearby the border patrol route of Ia Mor border station, Chu Prong district, with a total length of 65.96 km. + Output 1.2: Awareness on Traffic safety enhanced. - Output 2: VDTA plans intend at transport and trade facilitation (TTF) with a focus on inclusive growth developed. + Output 2.1: Upgrading community tourism infrastructure. + Output 2.2: Supporting to community tourism development. + Output 2.3: Capacity building in community tourism development - Output 3: Institutional capacity for VDTA investment planning, project design and implementation, and resource management strengthened: + Output 3.1: Building Gender Action Plan. + Output 3.2: Training on implementation of Action Plan and updated General plan. + Output 3.3: Environmental Management Plan (EMP). Project’s name: The Support to Border Areas Development Project - Dak Lak sub-project. The sponsor: Asian Development Bank (ADB). Dak Lak province13 Executing agency: Dak Lak PPC. Project owner: Department of Planning and Investment (DPI) of Dak Lak province.

12 The decision No 1039/QD-UBND dated 15/10/2018 on approval of additional design of the construction “Upgrading provincial road 665” and total investment of the project Support to border areas development project – Gia Lai sub-project 13 The decision No 3172/QD-UBND dated 22/11/2018 on approval of the feasibility study of the support to border areas development project – Dak Lak sub-project

46 Sub-project Information

Total investment: 26.510.000 USD (ADB fund and reciprocal capital). Project time: 6 years (2017 – 2022). Project’s location: NH29 goes through Pơng Drang, Ea Ngai and Cu Pơng, Krong Buk district; Ea Tar, Cư Dliê Mnông, Ea Kuếh, Ea Kiết, Cư M’gar district; Krong Na, Buon Don district 3 tourism villages: Yang Lanh village, Krong Na commune, Buon Don district; Tring village, An Lac yard, Buon Ho ; Ja village, Hoa Son commune, Krong Bong district. Output 1: Upgrading road infrastructure. + Output 1.1: Upgrading and expanding National Road 29 (from NH14, Krong Buk district to Krong Na commune, Buon Don district, Dak Lak province with a total length of 40.00 km). + Output 1.2: Raising awareness on Traffic safety. Output 2: VDTA plans intend at for transport and trade facilitation (TTF) with a focus on inclusive growth developed - The Dak Lak sub- project focuses on developing community-based tourism in Ya, Tring and Yang Lanh villages. + Output 2.1: Upgrade of community toursim infrastructures (purchasing of equipments for tourism activities and upgrading infrastructure). + Output 2.2: Support to community toursim development Output 3: Institutional capacity for VDTA investment planning, project design and implementation, and resource management strengthened. + Output 3.1: Implementation of Gender Action Plan (GAP). + Output 3.2: Training on implementation of Action Plan and updated Master plan. + Output 3.3: Implementation EMP of 5 provinces Project’s name: The Support to Border Areas Development Project - Dak Nong sub-project. The sponsor: Asian Development Bank (ADB). Executing agency: Dak Nong PPC. Project owner: Department of Planning and Investment (DPI) of Dak Nong province. Dak Nong province14 Total investment: 25.600.000 USD (ADB fund and reciprocal capital). Project time: 6 years (2017 – 2022). Project’s location: Đắk Song, Tuy Đức, Đắk R’lấp, Đắk Glong district, Gia Nghia town, Dak Nong province The main activity of the Dak Nong Sub-project is mainly focused on Output 1.

14 The decision No 919/QD-UBND dated 1/6/2017 on approval of adjustment of the feasibility study of the support to border areas development project – Dak Nong sub-project

47 Sub-project Information

- Output 1: Upgrading road infrastructure. + Output 1.1: Upgrading route from NR14 to Bu Prang Border Gate (Km3-Km17 section of provincial road 6 and section from the center of Tuy Duc district to Dak Huyt bridge) Total length of 37,582 km including the section 14.090km long passes through PR.686 with the desgin to upgrade to class IV-Mountainous and the section 3.952km long through PR.681 with the desgin to upgrade to class III-Mountainous and 19.540 km through the old NR.14C with the desgin to upgrade to class III-Mountainous. The route passes through area of Nâm N’Jang, Đắk N’Drung communes, Đắk Song district and Đắk Buk So, Quảng Trực commune, Tuy Đức district. The route is designed to follow the existing road's center line. + Output 1.2: Raising awareness on Traffic safety. Organizing trainning classes on awareness raising in traffic safety incorporated with multimedia communication to related beneficiaries (raising the traffic safety awareness) - Output 2: VDTA plans and facilities for transport and trade facilitation (TTF) with a focus on inclusive growth developed + Output 2.1: Upgrade of community toursim infrastructures. Investing and completing community tourism sub-projects (with special tourism resources, preserving cultural values of ethnic minority people and attracting tourists)...) at 03 villages: N'Jrieng; Ting Wel Dom; Bu Sop, Dak Nia commune, Gia Nghia town; the tourism area of Dao Nguyen Zen Monastery, Dak Song district; support to the development of Ta Dung eco-cultural tourist site; Dak R'Moan village, Dak R'Moan commune, Gia Nghia town, aims to design learning tours of traditions of the M'nong, Ma ethnic minorities... to enjoy intangible culture, connect tourism and agricultural supply will be a great potential to help ethnic minorities improve their livelihoods in line with the "Tourism development master plan for Dak Nong province, period 2006 - 2010 and orientation to 2020". + Output 2.2: Support to community toursim development. This output focuses on training, guiding for building skills in receiving, guiding tourists, managing eco-tourism and community tourism; on establishing management institution; on building documents, datas, advertisement of the destinations. - Output 3: Institutional capacity for VDTA investment planning, project design and implementation, and resource management strengthened. + Output 3.1: Implementation of Gender Action Plan (GAP) This output is designed and implemented with the goal of giving women equal access to and participation in activities through Project activities including: design, operation and maintenance; management of the Commune Supervision Board; job opportunities from the Project outputs; training courses on capacity building + Output 3.2: Training on implementation of Action Plan and updated Master Plan. Training capacity building in the planning and implementation of Dak Nong provincial plans and schemes linked to the Master Plan for the Central Highlands and to the Master Plan for the CLV Development Triangle Area. Implementation of the Ecosystem Services Toolkit integrated in the Provincial Socio-Economic Development Plan prepared and aided non-refundably from ADB's other Technical Assistance

48 Sub-project Information

project (TA-8564).

Project’s name: The Support to Border Areas Development Project - Binh Phuoc sub-project. The sponsor: Asian Development Bank (ADB). Executing agency: Binh Phuoc PPC. Project owner: Department of Planning and Investment (DPI) of Binh Phuoc province. Total investment: 22.301.320 USD (ADB fund and counterpart fund). Project time: 07 years (2017– 2023). Project’s location: Chon Thanh, Hon Quan and Loc Ninh district. The main activity of the Binh Phuoc Sub-project is mainly focused on Output 1: - Output 1: Upgrading road infrastructure: + Output 1.1: Repairing and Upgrading the PR 756 (Minh Lập – Lộc Hiệp route) Km0+00 – Km49+999.22 section and related works. The route is designed to TCVN 4054-2005, class III – Moutainous, the length of 49.999Km. Binh Phuoc - Output 2: VDTA plans intend at transport and trade facilitation (TTF) with a focus on inclusive growth developed: province15 The sub-project in the province focuses on developing community tourism in Loc Khanh commune, Loc Ninh district with the following activities: + Repairing, upgrading the road to Soc Lon Pagoda and the access road to the community in Loc Khanh commune, Loc Ninh district; + Repairing 02 community cultural houses in Cho Lon hamlet and Soc Lon II hamlet; building new cultural house in Soc Lon I hamlet; + Supporting to improve the quality of traditional houses of ethnic minorities, combining the Homestay. - Output 3: Institutional capacity for VDTA investment planning, project design and implementation, and resource management strengthened: Main outputs of the outputs/components: Selection of procurement specialists and project start-up; Consultancy to support the implementation of the project; Consulting training; Training on tourism;

15 The decision No 920/QD-UBND dated 17/4/2017 on approval of the adjustment of the feasibility study of the support to border areas development project – Binh Phuoc sub-project

49 Sub-project Information

Training Traffic safety; Training on the provision of cultural environment services; Training on implementation of master plan and action plan; Implementing the Gender Action Plan (GAP); Consulting environmental services; Facilities for project management.

50 Appendix 3: Site clearance cost

Table 10. Compensation budget in Kon Tum province16

Replacement No Items Unit Unit price Amount Money coefficient

A Land 662.735.400

1 Garden land m2 6.000 1,00 2.126 12.756.000

2 Land for perennial crops m2 6.000 1,10 15.309 101.039.400 Land for transportation 3 m2 6.000 1,00 79.625 477.750.000 and irrigation 4 Other land m2 15.000 1,00 2.000 30.000.000

5 Aquaculture land m2 10.000 1,00 60 600.000 Agricultural land (Farm 6 m2 15.000 1,00 2.706 40.590.000 produce) B Plant, Farm produce 1.889.110.000

1 Rubber plant 455.000 1,00 2.496 1.135.680.000

2 Farm produce m2 5.000 1,00 2.706,00 13.530.000

3 Crops of all kinds plant 350.000 1,00 114,00 39.900.000

Support construction of trọn 4 700.000.000 1,00 1,00 700.000.000 roads and field ditches gói Compensation for C works, and temporary 650.000.000 land Works (100m of fencing 1 m 1.000.000 1,00 100,00 100.000.000 wall) Support for temporary Lum- 2 500.000.000 1,00 1,00 500.000.000 site clearance sum 3 Bored well unit 25.000.000 1,00 2,00 50.000.000

D Sum (A+B+C) 3.201.845.400

E Types of support 690.000.000 Prepare compensation Lum- 1 200.000.000 1,00 1 200.000.000 costs sum Cost of cadastral Lum- 2 200.000.000 1,00 1 200.000.000 mapping sum 3 Support costs (TT) TT 150.000.000 1,00 1 150.000.000 Support for poor 5 3.000.000 1,00 20 60.000.000 households 6 Support for job transfer 8.000.000 1,00 10 80.000.000

Sum (C+D) 3.891.845.400

16 Decision No. 669 / QD-UBND dated July 14, 2017 approving the Feasibility Study Report of the Support to Border Areas Development Project - Kon Tum Sub-project

51

Table 11. Compensation budget in Gia Lai province17

Unit price in 2018 Total cost (VND) No Items Unit Amount Unit Cofficient (VND) price 1 Support and compensation for land 519.929.273 Compensation for annual crop m2 7.686 1,1 126.819.000 land of affected 15.000 households Support for

annual crop m2 7.500 1,1 107.250.000 13.000 land of CPC Support for

perennial tree m2 4.140 1,15 85.698.000 18.000 land of CPC Compensation for perennial

tree land of m2 5.876 121.633.200 18.000 1,15 affected households Support for

forest land of m2 13.657,23 1,15 78.529.073 5.000 CPC 2 Bồi thường cho các công trình 478.911.950

one-off houses m2 47,9 1,1 57.274.030 1.087.000

Concrete yard m2 845,7 1,1 142.331.310 153.000 Culvert D30cm- M 115 1,1 93.736.500 40cm 741.000 Culvert D50cm- M 43 1,1 45.549.900 60cm 963.000 Concrete box M 75 963.000 1,1 79.447.500 culvert 60x100 Fence M 360,1 51.000 1,1 20.201.610 water bath m2 9 2.689.000 1,1 26.621.100 electric clock chiếc 8 1.500.000 1 12.000.000 Electric wive M 350 5.000 1 1.750.000 3 Compensation for plants 119.490.000 Rubber tree Plant 249 438.000 1 109.062.000 KTCB year 7 Cashew is Plant 12 408.000 1 4.896.000 harvesting well jack-tree KD Plant 2 355.000 1 710.000

17 The decision No 1039/QD-UBND dated 15/10/2018 on approval of additional design of the construction “Upgrading provincial road 665” and total investment of the project Support to border areas development project – Gia Lai sub-project

52 Unit price in 2018 Total cost (VND) No Items Unit Amount Unit Cofficient (VND) price year 6-16 Avocado KD Plant 4 500.000 1 2.000.000 year 6-16 Custard-apple Plant is harvesting 4 384.000 1 1.536.000 well Soursop KD Plant 2 500.000 1 1.000.000 year 6-16 Papaya is Plant 2 143.000 1 286.000 harvesting well 4 Support 584.845.000 Stabilize the 30kg of life for 2 rice per A households with Kg person per 15.000 1 16.200.000 6 people / month for household 3 months 2.5 * Annual Job agricultural B transformation time 2,5 land value 15.000 288.225.000 /training of 7,686m2 2.5 * Perennial Job agricultural C transformation time 2,5 land value 18.000,00 264.420.000 /training of 5,876m2 For vulnerable D Househould 8 2.000.000 1 16.000.000 households Total direct cost 1.703.176.223 Management cost(Site clearance 6% 102.190.573 implementation) Cost for verification 0,95% 16.180.174 and approval Sub-total 1.821.546.970 contingency 10% 182.154.697 Total 2.003.701.667

53 Table 12. Compensation budget in Dak Lak province18

Krong Buk district

Compensation No Items Unit Amount Coefficient Money Note cost

I Land types 2,250,286,000 Area of garden land for 1 m2 76,611 26,000 1.00 1,991,886,000 Krông Búk district perennial crops 2 Residential land m2 646 400,000 1.00 258,400,000 Krông Búk district Housing + architectural II 1,493,267,613 widgets 1 Brick Fence m 181.00 1,177,000 1.00 213,037,000 Krông Búk district Fence with iron piles and 2 m 594.00 495,000 1.00 294,030,000 Krông Búk district B40 grid The house gate (40 x 40) 3 unit 200 1,478,000 1.00 295,846,333 Krông Búk district D40 Cement concrete yard of 4 m2 4,482.82 154,000 1.00 690,354,280 Krông Búk district people's houses III Trees and crops 289,500,000 1 Fruit trees(longan) plant 279.00 900,000 1.00 251,100,000 Krông Búk district plant 2 Timber wood 65.00 300,000 1.00 19,500,000 Krông Búk district plant 5 Industrial plants 63.00 300,000 1.00 18,900,000 Krông Búk district

A TOTAL = I+II+III 4,033,053,613.33 Measurement expenses Provisional B (6% of total 241,983,216.80 sum compensation) C Funding for 80,661,072.27

18 The decision No 3172/QD-UBND dated 22/11/2018 on approval of the feasibility study of the support to border areas development project – Dak Lak sub- project

54 Krong Buk district

Compensation No Items Unit Amount Coefficient Money Note cost compensation work implementation (2% of total compensation) Funding for support Provisional D 403,305,361.33 compensation 10% sum

TOTAL 4,759,003,263.73

Cư M’Gar district

Interpretation of Unit price No Unit Amount Coefficient Money VND Note costs VND Compensation I 4,990,095,810 costs

1 Land types 524,712,400 Estimated (Cư Mgar district)

Residential land m2 53.95 600 1 32,370,000 Estimated (Cư Mgar district)

Agricultural land (range of m2 9,700.00 20 1 194,000,000 Cư Mgar district discharge gates)

55 Cư M’Gar district

Interpretation of Unit price No Unit Amount Coefficient Money VND Note costs VND

Agricultural land m2 14,917.12 20 1 298,342,400 Cư Mgar district

Housing + 2 architectural 4,465,383,410 Cư Mgar district widgets

Fence, bushes m 1,748.02 500 1 874,010,000 Cư Mgar district

Electric pole, tr 45 50,000,000 1 2,250,000,000 district telephone ụ Cư Mgar

B40 grid fence m 563.12 602 1 338,998,240 district (Htb=2m) Cư Mgar

Fence wall m 600.61 1,513,000 1 908,722,930 district (Htb=2m) Cư Mgar

Wooden house m2 5.55 1,894,000 1 10,511,700 grade 4 house m2 25.34 3,281,000 1 83,140,540 Other II 898,217,246 expenditure

Measurement expenses (6% of Provision 1 299,405,749 total sum compensation)

56 Cư M’Gar district

Interpretation of Unit price No Unit Amount Coefficient Money VND Note costs VND

Funding for compensation 2 implementation 99,801,916 (2% of total compensation)

Funding for support Provision 3 499,009,581 compensation sum 10%

Total: I+II 5,888,313,056

Contingency Krông Búk and III 2,661,829,080 Cư M’gar (25%) districts

57 Table 13. Compensation budget in Dak Nong province19

Alternate No Items Unit Unit price Amount Money Cofficent

A Land 43.424.000

Land for perennial 1 m2 16.000 1,15 1.810 33.304.000 crops

2 Aquaculture land m2 460.000 1,10 20 10.120.000

B Plant, crops 13.113.000

Pepper tree (3-4 1 plant 420.000 1,00 14 5.880.000 years)

Avocado tree (> 5 2 plant 396.000 1,00 4 1.584.000 years)

Jackfruit tree (> 7 3 plant 402.000 1,00 8 3.216.000 years)

Rambutan tree (>6 4 plant 517.000 1,00 2 1.034.000 years)

5 Kapok tree (1 year) plant 24.000 1,00 1 24.000

6 Curry tree (>5 năm) plant 110.000 1,00 9 990.000

Sapoche tree (>6 7 plant 385.000 1,00 1 385.000 năm) Compensation for C works, and 64.801.860 temporary land 1 Fence m 1.309.093 1,00 20,00 26.181.860

2 Gate m2 757.000 1,00 20,00 15.140.000

3 Concrete yard m2 153.000 1,00 120,00 18.360.000

4 Culvert m 320.000 1,00 16,00 5.120.000

D Sum (A+B+C) 121.338.860

E Types of support 151.412.000 Prepare Lum- 1 compensation costs 51.500.000 1,00 1 51.500.000 sun and other costs 3 Support costs lần 99.912.000 1,00 1 99.912.000

19 The decision No 919/QD-UBND dated 1/6/2017 on approval of adjustment of the feasibility study of the support to border areas development project – Dak Nong sub-project

58 Alternate No Items Unit Unit price Amount Money Cofficent The cost of site clearance for the project and Lum- F 1.820.000.000 1,00 1 1.820.000.000 preparation of the sun site clearance compensation plan G Total (D+E+F)) 2.092.750.860

H Contingency cost % 2.092.750.860 10% 209.275.086

Total (G+H) 2.302.025.946 Exchange rate at 1USD the time of signing 22.221 VND 103.597 = MOU

59 Appendix 4: Commune supervision board (CSB)

Member Commune Sub-project Establishment date % Female Note /Ward Total number Female member members The commune’s CSB has been established. The enhancement of its members following project requirements will be conducted 03 months before Ia Tơi 2015 8 0 0 commencement of construction activities. The CSB need to be trained in management and supervision activities. Expect to implement in Kom Tum QI 2020 by PMU and PISC The commune’s CSB has been established. The enhancement of its members following project requirements will be conducted 03 months before Ia Dal 25/10/2016 9 1 11 commencement of construction activities. The CSB need to be trained in management and supervision activities. Expect to implement in QI 2020 by PMU and PISC

60 Member Commune Sub-project Establishment date % Female Note /Ward Total number Female member members The decision No Achieved GAP criteria 83/QĐ-UBND dated The CSB need to be trained in Ia Băng 25/8/2017 15 6 40% management and supervision activities. Expect to implement in QI 2020 by PMU and PISC The commune’s CSB has been established. The enhancement of its operation following project requirements will be conducted The decision No: 03 months before Ia Tôr 98/QĐ-UBND dated 21 1 5% commencement of construction /7/2017 activities. The CSB need to be trained in Gia Lai management and supervision activities. Expect to implement in QI 2020 by PMU and PISC The commune’s CSB has been established. The enhancement of its operation following project requirements will be conducted The decision No: 03 months before Ia Pia 01/QĐ-MT dated 9 1 11% commencement of construction 13/01/2017 activities. The CSB need to be trained in management and supervision activities. Expect to implement in

61 Member Commune Sub-project Establishment date % Female Note /Ward Total number Female member members QI 2020 by PMU and PISC

The commune’s CSB has been established. The enhancement of its operation following project requirements will be conducted The decision No: 01- 03 months before Ia Me QĐ/MT dated 9 2 22% commencement of construction 20/7/2017 activities. The CSB need to be trained in management and supervision activities. Expect to implement in QI 2020 by PMU and PISC Existing CSB operation only satisfy project’s criteria The decision No: The CSB need to be trained in Ia Ga 17/QĐ-UBND dated 8 3 37,5% management and supervision 07/5/2018 activities. Expect to implement in QI 2020 by PMU and PISC The commune’s CSB has been established. The enhancement The decision No 41- of its operation following project Ia Mơr QĐ/ĐU dated 6 1 17% requirements will be conducted 14/8/2017 03 months before commencement of construction activities.

62 Member Commune Sub-project Establishment date % Female Note /Ward Total number Female member members The CSB need to be trained in management and supervision activities. Expect to implement in QI 2020 by PMU and PISC The decision: Ea Tar 01/QĐMTTQ dated 9 3 33% 27/04/2014 The decision: Ea Kiết 20/QĐMTTQ dated 7 4 3% 14/05/2018 The commune’s CSB has been The decision: established based on recent regulations. Ea Kuếh 27/QĐMTTQ dated 8 0 0% 12/07/2016 CSB for Dak Lak SBADP will be enhanced following project The decision requirements will be conducted Cư Đliê Mnông 26/QĐMTTQ dated 13 3 23% 03 months before 10/01/2018 commencement of construction The decision: activities.

Ea Ngai 07/QĐMTTQ dated 5 1 20% The CSB need to be trained in 17/07/2017 management and supervision The decision: activities. Expect to implement in Cư Pơng 04/QĐMTTQ dated 17 0 0% QI 2020 by PMU and PISC Dak Lak 08/10/2016 The decision: Pơng Drang 04/QĐMTTQ dated 9 2 22% 12/07/2017

63 Member Commune Sub-project Establishment date % Female Note /Ward Total number Female member members The decision: Krông Na 11/QĐMTTQ dated 11 1 18% 20/04/2017

Hòa Sơn 20/10/2014 8 2 25%

The decision: An Lạc 03/QĐMTTQ dated 9 3 33% 01/02/2017 CSB for Dak Nong SBADP will Nâm N’Jang 15/5/2017 6 2 33.3% be enhanced following project requirements will be conducted Đắk N’Drung 27/2/2014 9 0 0 03 months before commencement of construction Dak Nong Đắk Buk So 14/8/2017 12 3 17% activities. The CSB need to be trained in management and supervision Quảng Trực 30/3/2015 10 0 0 activities. Expect to implement in QI 2020 by PMU and PISC

Minh Lap CSB for Binh Phuoc SBADP will Tan Hung be enhanced following project requirements will be conducted Tan Loi Binh Phuoc Not established yet 03 months before Thanh An commencement of construction activities. Loc Quang The CSB need to be trained in

64 Member Commune Sub-project Establishment date % Female Note /Ward Total number Female member members management and supervision Loc Phu activities. Expect to implement in Loc Hiep QI 2020 by PMU and PISC

Loc Khanh

65 Appendix 5: The ethnic minority plan of tourism sites

Sub- Selection and approval of Approval to classification Ethnic Minorities Approval of Designs Engineering projects the tourism locations of Development Plan and Costs Estimate constructions environment/resettlement (EMDP) in tourism of tourism locations locations Kom Tum 1. Kon K'Tu village, and Dak Approved Approved Approved Ongoing Ro Wa communes, Kon Plong district 2 . Kon Bring, Dak Long communes, Kon Plông district Gia Lai Not yet decided Not done yet in this Not done yet in this Not done yet in this Not done yet in this reporting period reporting period reporting period reporting period (Expected in QIV 2019) (Expected in QIV 2019) (Expected in QI 2020) Dak Lak 1. Ja village, Hoa Son commune, Krong Bong district; Not done yet in this Not done yet in this Not done yet in this Approved (according to 2. Yang Lanh village, Krong reporting period reporting period reporting period PAM) Na- Buon đôn commune and (Expected in QIII 2019) (Expected in QIII 2019) (Expected in QI 2020) 3. Trinh village, An Lac ward, Buon Ho town Dak Nong 1. 03 villages: N’Jri eeng; Ting Submitted to ADB On Not done yet in this Not done yet in this Not done yet in this Wel Dom; Bu Sốp, Dak Nia October 2017, not having reporting period reporting period reporting period commune, Gia Ngha town official approval yet. (Expected in QI 2020) (Expected in QI 2020) (Expected in QII 2020) connecting to Lieng Nung park 3. Ta Dung ecological zone, Dak Glong commune. (According to the ADB mission in December 2018)

Binh Phuoc Loc Khanh commune, Loc Approved Not done yet in this Completed Not done yet in this Ninh district reporting period reporting period (Expected in QIII 2019) (Expected in QI 2020)

66 Appendix 6: List of works in the project updated to the end of the reporting period

Technical characteristics / Investment Province Works/ Roads Starting point Ending point items

Kon Tum Provincial Road No. 675A Level V road mountainous area, design Km 22+198 of Ia Tang Ia Dal commune speed of 30km/h commune Rural road Grade B, design speed 20km/h Length 58.7 km Kon K’Tu tourism village Repair of community houses, Kon K’Tu Village, Dak Ro Wa Commune, Kon Tum City, Kon construction of drainage systems, Tum Province Kon Bring tourism village internal roads, car parks Kon Bring village, Dak Long commune, Kon Plong district, Kon Tum province Gia Lai Provincial road No. 665 Design of mountain road level IV, design Km 0, Phu My Road adjacent to the border patrol speed of 40km/h intersection, Ia Bang road near Ia Mor Border Station, commune, Chu Prong Chu Prong district district Investment in community Tourist destinations that have not been determined due to the tourism proposed locations generating land acquisition, so inconsistent with the criteria to select tourist destinations (IR type C) Dak Lak National Highway No.29 Design of mountain road level IV, design The starting point is The ending point is Km226 + 00 in speed of 40km/h. Length 39.874km Km186 + 126, Krong Na commune, Buon Don connecting with the main district road of Krong Buk Industrial Cluster. Buon Ja Constructing products showrooms, Krong Bong welcome gates, restoring river wharves, parking lots, auxiliary works Bon Trinh Upgrade community houses, gates, Buon Ho Town exhibitions, river wharves Buon Yang Lanh Waste collection areas, clean water Buon Don district works, river wharves and concrete yards

67 Technical characteristics / Investment Province Works/ Roads Starting point Ending point items

Dak Nong Provincial road No. Route 1: design of mountain road level Dak N'Drung commune, Dak Huyt bridge, Quang Truc 681&686 (From National IV, design speed 40km/h Dak Song district commune, Tuy Duc district Road No.14 to Bu-Prang Route 2: design of mountain road level border gate) III, design speed is 60 km/h

Ta Dung tourism area Construction of yard, terminal, boat Dak Glong district station embankment, car park

03 villages: N'Jrieng; Ting Repairing community houses, upgrading Dak Nia commune, Gia Nghia town Wel Đom; Bu Sop, Đak internal roads, homestay investment Nia commune, Gia Nghia town Binh Phuoc Provincial road No. 756 Design of level III roads in mountainous Minh Lap intersection intersection with provincial road areas, design speeds of 60 km/h, length intersects National 759B in the center of Loc Hiep of 50.3 km Highway 14 in Chon commune Thanh district. Loc Khanh commune, Loc Repairing 2 traditional cultural houses, Loc Khanh commune, Loc Ninh district Ninh district internal roads, upgrading homestay

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