DIRECTORATE OF ROAD MANAGEMENT PROJECT MANAGEMENT UNIT No.3 DUE DILIGENT REVIEW AND PLAN ON IMPLEMENTATION OF COMPENSATION, ASSISTANCE AND RESETTLEMENT WORK ITEM: Improving National Highway No.6 Section Km70+650 – Km78+300 VIETNAM ROAD ASSET MANAGEMENT PROJECT (VRAMP) Credit by World Bank (WB) December 2020 DIRECTORIATE OF ROAD MANAGEMENT PROJECT MANAGEMENT UNIT No.3 DUE DILIGENT REVIEW AND PLAN ON IMPLEMENTATION OF COMPENSATION, ASSISTANCE AND RESETTLEMENT WORK ITEM: Improving National Highway No.6 Section Km70+650 – Km78+300 VIETNAM ROAD ASSET MANAGEMENT PROJECT (VRAMP) Credit by World Bank (WB) Credit Agreement No. 5331 - VN REPRESENTATIVE FOR CONSULTANT PROJECT OWNER December 2020 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Table of Contents I. Overall introduction ..................................................................................................... 10 1.1. Project description:.......................................................................................................... 10 1.2. Hoa Binh subproject ........................................................................................................ 11 1.3. Purpose of Due Diligence ............................................................................................... 17 II. DUE DILIGENT REVIEW.......................................................................................... 19 2.1. Methods of due diligence ................................................................................................ 19 2.1.1. Qualitative method........................................................................................................ 19 2.1.2. Quantitative methods .................................................................................................... 19 2.2. Scope of land acquisition and level of impacts ............................................................... 20 2.2.1. Scope of land acquisition and level of impacts ............................................................ 20 2.2.2. Implementation of compensation, assistance, and resettlement ................................... 20 2.3. Legal framework for land acquisition, compensation, and resettlement ........................ 22 2.3.1. Legal framework ........................................................................................................... 22 2.3.2. Compensation, assistance, and resettlement policies.................................................... 22 2.3.3. Organization for implementation of compensation, assistance, and resettlement ............ ...................................................................................................................................... 22 2.4. Findings obtained from DDR process ............................................................................. 23 2.4.1. Consultation and participation of the stakeholders ....................................................... 23 2.4.2. DMS and classification of AHs .................................................................................... 24 2.4.3. Compensation rate ........................................................................................................ 24 2.4.4. Allowances/assistances ................................................................................................... 27 2.4.5. Income restoration .......................................................................................................... 29 2.4.6. Grievance Redress Mechanism ..................................................................................... 30 2.5. Socio-economic information of HHs .............................................................................. 31 2.5.1. Ethnic groups in survey HHs ........................................................................................ 31 2.5.2. Occupations and incomes ............................................................................................... 32 2.5.3. Living Conditions ........................................................................................................... 35 2.6. Overall assessment .......................................................................................................... 38 III. CONCLUSION AND RECOMMENDATIONS ........................................................ 39 3.1. Conclusion ...................................................................................................................... 39 3.2. ecommendations .............................................................................................................. 40 3.3. Implementation schedule: ............................................................................................... 40 3.3.1. Implementation arrangement ........................................................................................ 40 3.3.2. Public consultation, information dissemination ........................................................... 41 3.3.3. Community health and safety due to project activities and labor influx ...................... 42 3.3.4. Implementation monitoring and evaluation .................................................................. 43 3.3.5. Grievance and redress mechanism ................................................................................ 44 3.3.6. Implementation plan ..................................................................................................... 45 3.3.7. Implementation budget ................................................................................................... 45 Appendices .............................................................................................................................. 46 Appendix 1: List of consulted agencies, local authorities ........................................................ 46 Appendix 2: Records of Payments for the AHs ....................................................................... 48 Appendix 3: Some pictures of consultations during preparation of DDR ................................ 62 Appendix 4: Project Information Booklet (PIB) ...................................................................... 67 Due Diligent Review Report (DDR) 3 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 List of Tables Table 1. Road sections running through project communes/wards .......................................... 12 Table 2. Updated VRAMP Project’s Resettlement Policy Framework ................................... 13 Table 3. Time of consultation and survey in commune/ward .................................................. 19 Table 4. Summary of AHs, area of land acquired, and compensation and supports ................ 21 Table 5. List of decisions approving the cost estimated for compensation, assistance and resettlement ............................................................................................................................... 25 Table 6. Summary of compensation for land and on-land assets ............................................. 27 Table 7. Summary of allowances provided to AHs ................................................................. 29 Table 8. Ethnic groups in survey HHs ...................................................................................... 31 Table 9. HHs in SES survey ..................................................................................................... 31 Table 10. Population structure per age range of HH owners.................................................... 32 Table 11. Education level of HH heads .................................................................................... 32 Table 12. Occupation of HH owners ........................................................................................ 33 Table 13. Average monthly income of HH owners .................................................................. 33 Table 14. Average monthly income of surveyed HHs ............................................................. 34 Table 15. Average monthly expenditure of AHs in survey ...................................................... 34 Table 16. Classification of HHs per poverty line ..................................................................... 34 Table 17. Utilities and domestic applicants of HHs in survey ................................................. 36 Table 18. Main water sources for domestic use of HHs in survey ........................................... 37 Table 19. Energy used for cooking ........................................................................................... 37 Table 20. AHs’ view about trend of the life in the last 03 years ............................................. 37 Table 21. DDR implementation plan....................................................................................... 45 Due Diligent Review Report (DDR) 4 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 ABBREVIATIONS AHs Affected households APs Affected people DDR Due Diligent Review Report (DDR) DFAT Australian Department of Foreign Affairs and Trade DMS Detailed Measurement Survey EIA Environmental Impact Assessment EMP Environment Management Plan GOV The Government of Vietnam HH Household KT-XH Socio-economy LURC Land Use Right Certificate MOLISA Ministry of Labor, Invalid and Social Affairs MOT Ministry of Transport MONRE Ministry of Natural Resources and Environment RNIP Road Network Improvement Project OP Operational Policy PMU3 Project Management Unit No.3 NH National Highway QLDA Project management RPF Resettlement Policy Framework RP Resettlement plan ROW Right-of-way PC People's Committee USD or $ United States Dollars VND Vietnamese Dong VRAMP Viet Nam Road Asset Management Project WB World Bank IDA International Development Association QL/NH National Highway Due Diligent Review Report (DDR) 5 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 DPs Damaged people PPCs Provincial People’s Committee DPC District People’s Committee CPC People’s Committees in communes LACSC Land acquisition, compensation, and support Committee SES Socioeconomic status LFDC Land-Fund Development Center Due Diligent Review Report (DDR) 6 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 GLOSSARY Project impact means any consequence immediately related to the taking of a parcel of land or to restrictions in the use of legally designated parks or protected areas. People directly affected by land acquisition may lose their home, farmland, property, business, or other means of livelihood. In other words, they lose their ownership, occupancy, or use rights, because of land acquisition or restriction of access. Displaced people refers to individuals, organizations or businesses that are directly affected socially and economically by Bank-funded projects caused by the involuntary taking of land and other assets that results in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. In addition, displaced person is one for whom involuntary restriction of access to legally designated parks and protected areas that result in adverse impacts on livelihoods also. Cut-off date The date of completion of inventory of losses during preparation of the Resettlement Plan. Displaced Persons and local communities will be informed of the cut-off date for each project component, and that anyone moving into the Project Area after that date will not be entitled to compensation and assistance under the Project. Eligibility means any person who at the cut-off-date was located within the area affected by the project, its sub-components, or other sub- project parts thereof, and would have their: (i) standards of living adversely affected, (ii) rights, titles, or claim in any land (agricultural, grazing or forest), house or structure (be it residential, commercial permanent or temporary), or (iii) production assets such as business, occupation, place of work, residence, or habitat, or (iv) access to assets adversely affected (e.g. fishing rights). Replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. For agricultural land it is the pre-project or pre- displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those Due Diligent Review Report (DDR) 7 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services, and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement house/structure with an area and quality similar to or better than those of the affected house or structure, or to repair a partially affected house/structure, plus the cost of any labor and contractors’ fees plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not considered, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. In applying this method of valuation, depreciation of houses/structures and assets should not be considered. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Such additional assistance is distinct from resettlement assistance to be provided. Resettlement in Bank terminology, covers all direct economic and social losses resulting from land taking and restriction of access, together with the consequent compensatory and remedial measures. Resettlement is not restricted to its usual meaning- physical relocation. Resettlement can, depending on the case, include (a) acquisition of land and physical structures on the land, including businesses; (b) physical relocation; and (c) economic rehabilitation of displaced persons (DPs), to improve (or at least restore) incomes and living standards. Vulnerable groups distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) women headed household (single, widow, disabled husband) with dependents, (ii) disables (loss of working ability), the elderly alone, (iii) poor people according to the criteria issued by the MOLISA, (iv) the Due Diligent Review Report (DDR) 8 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 landless, and (v) ethnic minority groups. Livelihood Livelihood is defined as a set of economic activities including freelance and salaried work by using endowments (both human and material) to meet the requirements of the self and his/her household on a sustainable basis with dignity. The activities are usually carried out repeatedly. Due Diligent Review Report (DDR) 9 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 I. OVERALL INTRODUCTION 1.1. Project description: 1. The “Vietnam Road Asset Management Projectâ€? (VRAMP) has a total investment of 301.7 million USD (comprising of the IDA credit by WB: 250 million USD, the grant provided by the Australian Department of Foreign Affairs and Trade (DFAT): 1.7 million USD, and the GOV counterpart fund: 50 million USD. The Project was approved by the Prime Minister in the Decision no. 1291/TTg-QHQT dated 28/8/2012 and the Ministry of Transport (MOT) approved for the investment in Decision no. 3068/QÄ?-BGTVT of 4/10/2013. The IDA fund provided by WB via the Credit no. 5331-VN and the DFAT grand was financed in the Grant Agreement TF015733 signed on 14/1/2014 by the Government of Vietnam and WB. The Project implementation is in 2014 to 31/12/2020. It is planned that the Project savings will finance some proposed activities in the Project and will be completed in 2022. 2. The Project objectives are to develop the economy and society of the key economic zone in the north, reduce transportation cost, and minimize traffic congestion and traveling accidents on the national roads. The project also establishes rationales, methods for maintenance, upgrading and management of road assets scientifically, effectively. The main outcomes of the project include: - Research, develop an assets road management system for the Vietnam road network; improve legal system on Output- and performance -based Road management and maintenance contract (PBC); - Road asset preservation supports a means of enhancing an effective maintenance method through performance-based contracts (PBCs) in addition to the traditional road asset preservation requirements for some key national highways connecting key economic zones in the Northern and Central Regions: NH2, NH4, NH48 - Road asset improvement finances to improve some key sections of the national highways connecting the key economic zones in the Northern region, including NH38B, NH38, and NH39; - Institutional strengthening program supports to improve the management, transparency monitoring of the road maintenance fund, capacity building for the road management sector 3. The Road Asset Management Project (VRAMP) is implemented with 04 main components: Component A: Development of road asset management system (8.5 mil. US$ funded by IDA fund and an amount equivalent to 1.7 mil. AUS$ by an Australian Grant). This component will finance the construction and implementation of a comprehensive road asset management system (RAMS). This activity will take advantage of previous initiatives and complement on- going activities in the Asian Development Bank (ADB) and Japan International Cooperation Agency (JICA)-financed sector. This component includes two activities: (i) the development of a road database framework, design and implementation of a road asset management system, and the development of Road Asset Management Plans; (ii) data collection for updating and completing road data for the entire highway network. Component B: Road Asset Maintenance (USD 156.4 million from IDA funding). This component will finance the maintenance for several roads: NH2, NH6 and QL48 under various forms of contracts, including traditional maintenance contracts, performance-based maintenance contracts (PBC). The performance-based contracts have been made under the Road Network Improvement Project (RNIP). Within this project, funding will also be provided to complete the legal framework for the PBC contract type and compare the effectiveness of maintenance methods. In addition, this component also funds the purchase of Goods and Due Diligent Review Report (DDR) 10 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 equipment for Project implementation and management. Component C: Road Asset Improvement (USD 133.4 million, of which USD 83.4 million is from IDA fund source and USD 50 million is from the Government of Vietnam). This component will finance the upgrading of some major national roads in the North, including NH38, NH39 (section of Trieu Duong - Hung Ha and Vo Hoi - Diem Dien) and 04 bridges over 25 m in length on NH38B, these bridges are included in the investment list in the RNIP Project but have not been implemented due to lack of budget. The comprehensive investment in these bridges will increase the efficiency of the roads that the RNIP project has upgraded. This component also finances the auditing activities of the project. Component D: Institutional strengthening (USD 1.7 million from IDA funding). This component will support targeted activities to build the capacity of Vietnam's road authorities to perform better planning, capital planning, construction, and road asset monitoring. Specific activities include: (i) improvement of human resource management of Directorate for Roads of Vietnam and operation of the new information management system; (ii) improvement of management, transparency, and monitoring of the Road Maintenance Fund; (iii) development of profiled structures for infrastructure to increase consistency and control the quality of prefabricated parts and support the design and construction process. 1.2. Hoa Binh subproject 4. National Highway 6 is the road connecting Hanoi capital with the western-north provinces of Vietnam. National Highway 6 passes various provinces: Hanoi, Hoa Binh, Son La, and Dien Bien. The project route is as follows: - Starting point: Km70 + 650 in the territory of Hoa Binh city, the starting point of the bypass route of Hoa Binh province; - Ending point: Km78 + 300 end points of Hoa Binh bypass (coinciding with the beginning point of VRAMP Project). - Total length of the road section to be included in the Project: approximately 7.65km - Total length of road section to be improved (km): approximately 7.65km 5. The Project Management Unit no.3 (PMU3) has hired a Consultancy Firm (referred to as “the Consultantâ€?) to undertake the Social impact assessment (SA) and Due Diligence review for implementation of the land acquisition, resettlement and compensation (DDR) and prepare necessary social and environmental safeguard instruments for the work items as Improving the National Highway No.6, Section Km70+650 – Km78+300 in order to ensure that interventions are taken into account the environmental and social issues and complied with the legal requirements of the Government of Vietnam and the World Bank safeguard policies. 6. Tasks of the work item: - The main task of the project is to develop socio-economic aspects of the northern key economic region; - Reduce transportation cost, eliminate traffic indensity and traffic accidents on national highways; - Establish the basis and method for the scientific and effective maintenance, upgrade and management of Vietnam's road assets. 7. The work item for improving the National Highway No.6, Section Km70+650 – Km78+300, the bypass section in Hoa Binh city is under the Vietnam Road Asset Management Project (VRAMP) funded by the World Bank through the Credit Agreement No. 5331-VN signed on January 14, 2014 with the project implementation duration from 2014 to 2022. Due Diligent Review Report (DDR) 11 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 According to the Basic Design and the Project Feasibility Study prepared for the proposed project activity, the improvement of National Highway No.6, Section Km70+650 – Km78+300, the bypass road in Hoa Binh city, runs through 04 communes, wards of Hoa Binh city as presented in the table below: Table 1. Road sections running through project communes/wards Distance of Remar Province City Commune/ward Route section x (m) ks NH6 by-pass road Km70+650 – Dong Tien ward 600 Km71+250 Km71+250 - Su Ngoi commune 2300 Km73+550 Hoa Binh Hoa Binh Km73+550 - Dan Chu ward 2900 Km76+450 Km76+450 - Thong Nhat ward 1850 Km78+300 Total 7650 Figure 1: Geophysical location of the work item 8. The activities to be done in this work item are proposed as below: - Improving the road base within the existing base, road surface; only locally designing additional works such as sluice, drainage ditches, etc. where are damaged; Road base in the section Km70+650 – Km78+300 is fully inside the existing road base; - Improving the existing road structure to achieve Eyc ≥ 140MPa; - Repairing places where the old/existing road surface is damaged: If the foundation of road base is weak or the road-base is weak, the asphalt concrete coverage will be cut out and removed, the weak and damaged foundation and the foundation layer beneath the old road cover will be excavated and replaced with the cover structure 4 (KC4), combined with designing for filtering ditches and longitudinal ditches in these places in order to eliminate fully and drain water out from the affecting area of the road base, if Due Diligent Review Report (DDR) 12 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 it is damaged by ground and surface water; - Repairing, supplementing, improving drainage works along and cross the road, smoothing the connections between bridge ends and local roads and intersections with roads in principle that it keeps unchanged the size and width of present road surface, but smooths the existing road surface in response to the structure of the main route; - Replacing or supplementing sign boards, road marks, etc. for controlling traffic in the intersection; - Recovering, supplementing, where necessary, the traffic safety facilities, protection works, to increase the efficiency of the route. 9. As presented in the proposed work activities to be done for the NH6 repair and improvement, the scope of works is limited within the existing road surface, along the route right-of-ways, in places where the asphalt concrete mixer is placed, the borrow pit and along the road transporting materials to the construction sites. 10. According to the desig for this work item, the project activities will be only carried out within the road’s right of ways, and there is no need to acquire land from the local people. This road was built long ago and widened under the NH6 repair and improvement project that was funded by the Government Bond in 2005. The land acquisition, compensation, support, and resettlement had been carried out and completed in 2002-2005 for and within the aforementioned project for NH6 repair and improvement. 11. The Resettlement Policy Framework applied for the Vietnam Road Asset Management Project (VRAMP) was prepared to implement compensation, assistance, resettlement, and likelihood restoration for affected people by project in VRAMP funded by the WB. The objective of Resettlement Policy is reconciled the regulations on compensation, support and resettlement of Vietnam Government and WB policies on involuntary resettlement. This Resettlement Policy is based on summary resettlement policy OP 4.12 of the WB and Laws, Decrees, Guideline Circulars on compensation, assistance, and resettlement of the Vietnam Government, with reference to the results on social impact assessment and stakeholder consultation during project preparation. 12. This Resettlement Policy will be applied to all subprojects in VRAMP that required land acquisition, compensation, and resettlement (as defined above). The Entitlement Matrix in the Project Resettlement Policy Framework is presented in Table below: Table 2. Updated VRAMP Project’s Resettlement Policy Framework Type of Eligibility/ Application Entitlement impacts/losses The affected land is less Cash compensation for their acquired land at than 20% of 100% replacement cost. 1.1 Owners of the total land Compensation for affected assets at 100% land with (i) area or less replacement cost 1. Loss of LURC or (ii) in than 10% for Cash assistance per m2 as set out in PPC’s agricultural the process of vulnerable policies. land acquiring LURC group. or (iii) are As priority, compensation "land for land" with eligible to obtain The affected land is from equivalent productive capacity at a location LURC: 20% of total acceptable to the APs, or, if requested by the DPs, land or from or if "land for land" is not available, cash 10% for Due Diligent Review Report (DDR) 13 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Type of Eligibility/ Application Entitlement impacts/losses vulnerable compensation for the lost land at replacement group. cost. Compensation for affected assets at 100% replacement cost. Cash assistance per m2 as set out in PPC’s policies. Receive income restoration assistance and other assistances. 1.2. Land user are not eligible to Will not be compensated for land but will be legalize compensated for loss of assets on land such as structures, crops, and trees at 100% replacement cost. If DP is mainly earning income from agriculture, local authorities could consider allocating land for the DP based on the conditions of locality. 1.3. Agricultural lands that are Compensation for land will be paid to Land use rented between households or owner but compensation at 100% replacement individuals cost of the assets will be paid to the land-users. 2. Loss of 2.1. Owners of Fully affected Relocation options are to be provided to DPs: Residential land with (i) (Includes DPs Self-relocate: Beside of compensation for land LURC or (ii) in whose acquired land at replacement cost, DPs are the process of remaining entitled to receive an allowance for preparing and acquiring LURC area is not levelling ground floor at the new resettled place or (iii) are enough for as regulated in Decree 47/2014/ND-CP or eligible to obtain reconstruct of Allocated land in the resettlement sites with full LURC: their houses) infrastructure. Compensation for affected assets at 100% replacement cost. Provision of allowances due to relocation of house, as regulated in item 9 below. Partially Cash compensation for their acquired land at affected 100% replacement cost. (DPs whose Compensation for affected assets at 100% remaining replacement cost. area is enough to rebuild the house) 2.2. Land users are not eligible for Compensation for affected assets at 100% compensation (illegal land users). replacement cost. If the land-user is not eligible for compensation and has no other place to reside, the user will be assisted to buy a plot or an apartment in a tenement house or with cash equivalent. 3. Impact on Regardless of ownership/usage (i) DPs will be compensated for their affected structures conditions. structures by 100% replacement cost without deduction of salvage material or depreciation. Due Diligent Review Report (DDR) 14 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Type of Eligibility/ Application Entitlement impacts/losses Impact on Houses and building (ii) The compensation prices are calculated based facilities and Impact on other on the actual affected areas. Each structure structures. should be evaluated individually. 4. Renters of Project affected houses A transportation allowance provided to tenants. Compensation and land Assistance in finding a new rental house if to loss of required will be provided. Whenever possible, rental status DPs should be given choices among several options. Renters of State or organization’s - Provided with new apartment for rent, if houses possible, or: - Assisted at 60% of replacement cost for the market value of the rented land and houses. 5. Graves/ Households whose graves/tombs DPs are fully compensated for the moving Tombs are affected by the Project. expenses, reburial and other related costs. 6. Affected Persons having crops/trees Compensation is paid to DPs currently in crops/ trees damaged. cultivation at the market price of crops/trees and/or at the replacement cost of damaged crops/trees. 7. Impacts on Eligible owners of registered Compensation for loss of income for business income and business registered will be at 50% of income after tax of business one year (equivalent 100% of income after tax of six months) according to average income in previous 03 years. To provide a support equal to 70% of the basic salary for permanent laborers for economic establishments, production, and households. The period to calculate support must not exceed 6 months. To provide compensation for the loss of business structures, production materials at full replacement costs of the structures, excluding depreciation. Eligible owners of non- registered Compensation for loss of income for business business registered will be at 50% of income after tax of six months (equivalent100% of income after tax of three months) according to average income in 03 previous years. 8. Temporary DPs having residential land (i) To compensate for all affected assets attached impacts in the temporarily affected to land at the replacement cost. implementatio (ii) To restore the land to its original condition. n phase DPs having agricultural land (i) To compensate for a crop of crops/ plants at temporarily affected the full market price. (ii) To compensate for loss of income for the next crops during the time land is temporarily affected. Due Diligent Review Report (DDR) 15 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Type of Eligibility/ Application Entitlement impacts/losses (iii) To restore the land to its original condition or improve land quality to equal or better levels prior to the project implementation. Business householders (i) To compensate and support for lost income of temporarily affected collectives, private or individual enterprises if they are directly affected during construction stage. (ii) To compensate for affected assets attached to land at the replacement cost. 9. Affected Communes, wards, administrative To restore or repair depending on each public assets units having public housing, circumstance and the community do not have to structures, schools, bridges, pay for the expenses. factories, water sources, roads, For cultural structures, churches, communal wastewater systems, and dwelling houses, pagodas, hermitages, shrines irrigation systems damaged. under the local governance that need to be relocated, the Provincial People’s Committee shall make decisions based on proposals of the Resettlement and compensation Council and opinions of local authority and community in areas where there are affected structures. 10. Allowance All relocating households Assistance for moving/resettlement: Relocated and HHs will receive cash assistance for moving to restoration the new place as per PPC’s regulation. support Assistance for life stabilization: Relocated HHs will receive life stabilization support in cash, equivalent to 30kg of rice per person per month, at average market price at compensation time notified by Financial Department. Assistance for a period of 6 months for relocating to other places, and 3 months for reorganizing on the remaining land or repairing the remaining house. Assistance for renting house will be provided as per Provincial People’s Committee regulations. Assistances for self-relocation: Beside of compensation for acquired land at replacement cost, DPs are entitled to receive an allowance for preparing and levelling ground floor at the new resettled place as regulated in Decree 47/2014- CP. Assistance for renting house will be provided as per PPC’s regulations. Loss of All DPs All affected households are entitled tomonetary Income/Livelihood support for job retraining equivalent from 1.5 to due to loss of 5 times of agricultural land price of agricultural productive land land acquired. The amount will be provided as per PPC’s regulations DPs that AHs will be entitled to receive the life lose 20% stabilization allowance as follow: Due Diligent Review Report (DDR) 16 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Type of Eligibility/ Application Entitlement impacts/losses or more a) Losing from 20% to 70% (or from 10% to 70% productive for vulnerable group) land 30 kg of rice per person per month for 6 months holding (or if not relocating from 10% 30 kg of rice per person per month for 12 months for if relocating vulnerable b) Losing more than 70% group) 30 kg of rice per person per month for 12 months if not relocating 30 kg of rice per person per month for 24 months if relocating Other rehabilitation measures will be provided such as assistance with seeds or improved young animals, agricultural extension training, services, plant protection or veterinary services, technical assistance for business or non-farm production. The type of rehabilitation measures will be identified during the implementation of the RP in consultation with the DPs. Affected vulnerable groups Vulnerable households will receive life stabilization of 30 kg of rice/ person / month for 24 months at the time of compensation. Bonus for timely handover of land Households who hand-over their affected for all DPs. properties on time (partially or totally affected land) will be provided with bonus allowance. The amount will be in conformity with the locality's actual conditions. 1.3. Purpose of Due Diligence 13. The main purpose of project resettlement due diligence investigation is to find out if there is any inconsistency between the compensation plan and the implementation in the previous project policy on land acquisition, compensation, and support (without RP) and prescriptions contained in the VRAMP RPF and the WB requirements in the involuntary resettlement. Because the land acquisition, resettlement, and compensation in the proposed work item for improving the National Highway 6, bypass road section at Hoa Binh city, was undertaken in the previous project and completed in 2005 so the DDR would review and assess the implementation of the land acquisition, resettlement and compensation carried out whether they had been complied with the national regulations and requirements governed that time. If any discrepancies or inconsistencies are founded in the DDR from the actual implementation of the land acquisition, resettlement and compensation undertaken, it’s obligated to recommend the Project owner with actions to be taken to bridge the gaps founded during DDR. 14. In September 2020, the DDR Consultant has carried out the site survey and consultation meetings in 4 communes/wards in Hoa Binh city: Dong Tien, Dan Chu, Thong Nhat and Su Ngoi, where the Hoa Binh bypass route (Km70+560 - Km78+300) runs through. Though, according to the design, the proposed activities will be carried out within the right-of-way of the road where the land was acquired in the previous project in 2005, but in accordance with WB's social safeguard requirements, it would review the implementation of the land acquisition, resettlement and compensation as mentioned above in order to determine any Due Diligent Review Report (DDR) 17 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 pending issues related to the proposed work items with the requirements and policy on land acquisition, resettlement and compensation of the Government of Vietnam. Any inconsistencies or discrepancies identified would be brigded with corrective actions and measures to assure that the principles and regulations on land acquisition, resettlement and compensation would be complied with. In terms of the requirements and principles on the involuntary resettlement applied in VRAMP project that were approved by WB in 2013 would be applied for any impacts related to the land acquisition, resettlement, and compensation to be incurred during the implementation of the work for improving the National Highway No.6, Section Km70+650 – Km78+300 15. This report summarizes the findings of these site surveys and DDR and proposes solutions with associated action plans for ensuring payment of those supplementary entitlements needed to make good any shortfall in benefits prescribed to Affected Persons (APs) in the VRAMP RPF. Due Diligent Review Report (DDR) 18 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 II. DUE DILIGENT REVIEW 2.1. Methods of due diligence 2.1.1. Qualitative method 16. The qualitative study was carried out via in-depth interviews with key persons, who are village headers, land management officers in the communes, leaders of 04 CPCs, leaders of Urban management units, and leaders of Natural resources and Environment unit. The Consultant also organized and carried out commune-level group-discussions with the representatives of CPCs, land management officers, and local organizations: Front fatherland, Women’s union, Farmers’ union, Headers of resident groups; and group-discussion with AHs in the project area. The structured interviews with questionnaires were also carried out with 114 AHs in the 04 project communes/wards in Hoa Binh city of Hoa Binh province. 2.1.2. Quantitative methods 17. The surveys and discussions were also carried out with AHs, worked with local authorities (Provincial Department of Transport, the land fund development center, urban management unit, Natural Rresources and Environment unit. and 04 project CPCs, land management officers in 04 communes/wards, headers of villages, etc.) to collect data and information about the status of the land acquisition, resettlement, and compensation in the project sites. Details are as below: - Review with a sample of 40 DMS records of AHs; - Check a sample of 20 records of compensation payments to AHs in Su Ngoi commune, Hoa Binh city; - Check a sample of 14 decisions approving the cost estimate for compensation, supports/allowances for land acquisition to AHs and the decisions regulating the land acquisition issued by Hoa Binh PPC; - Review the redress of AP complaints mechanism and procedure at the present. - Review and evaluate the income restoration programs for severely affected HHs. - Survey almost 30% of the project AHs who have already received compensation and assistance to get their feedback on information such as compensation units, assistance, participation of APs in compensation and resettlement, information disclosure modes to local people and local authorities etc. - Interview some APs who are regarded as vulnerable groups: female-headed households, ethnic minorities, poor APs etc. - Compare the policies that were applied for implementing the land acquisition, compensation, assistance, and resettlement with the VRAMP Project Resettlement Policy to find and analyze any discrepancy or inconsistence between the resettlement policy applied. 18. The duration of community consultation in project communes/ward is presented in the table below: Table 3. Time of consultation and survey in commune/ward Public consultation No District/city Time Location Ethnic . Total Male Female minorities I Hoa Binh city 137 83 54 41 28/9/2020, CPC meeting 1 Dong Tien ward 21 12 9 2 8h00 hall Due Diligent Review Report (DDR) 19 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Su Ngoi 28/9/2020, CPC meeting 2 34 13 21 18 commune 14h30 hall 29/9/2020, CPC meeting 3 Dan Chu ward 37 29 8 16 8h30 hall Thong Nhat 29/9/2020, CPC meeting 4 45 29 16 5 ward 14h30 hall Total 137 83 54 41 19. The lists of people who were interviewed, the meetings were held with local people, local institutions are attached to this DDR report as Annex 1. 2.2. Scope of land acquisition and level of impacts 2.2.1. Scope of land acquisition and level of impacts 20. The NH6, including the Hoa Binh bypass, was upgraded, widened in 2004 using the Government bond. The land acquisition, compensation, assistance, and resettlement for that project was also completed in 2002-2005. The NH6, including the Hoa Binh bypass, was completed and has been in use stably for over 15 years. 21. The work item for improvement of NH6 in the Hoa Binh bypass road, that would be financed by the VRAMP savings, runs through the land of 04 communes/wards of Hoa Binh city: Dong Tien, Dan Chu, Thong Nhat and Su Ngoi. In accordance with the primary design, the proposed activities in the project would locate within the road’s right of way and would not acquire land or clear the land for improving the National Highway no.6, being financed by VRAMP savings. 2.2.2. Implementation of compensation, assistance, and resettlement 22. The implementation of the land acquisition, compensation, assistance, and resettlement for the Hoa Binh bypass road was assigned by Hoa Binh PPC to the Hoa Binh Land acquisition, resettlement committee in Hoa Binh town (now is Hoa Binh city). This Hoa Binh Land acquisition, resettlement committee was established to do the land acquisition, compensation, and resettlement for the project for upgrading and repairing NH6 - the Hoa Binh bypass road section and dissolved when the land clearance for the project had been completed. 23. Working with the relevant agencies and the Hoa Binh Land fund development Center that keeps the documents related to the land acquisition and clearance for the project, the compensation and supports had been delivered to AHs, funded by the Government bond, and completed in 2005. All the AHs had been compensated, supported in accordance with the prevailing policy during that time, and they handed over their land to the project for upgrading and widening the NH6 - Hoa Binh bypass in 2005. 24. The consultant has worked with the Hoa Binh City Land Fund Development Center to review the implementation of compensation, support, and resettlement, and randomly checked 14 approving decisions about the estimate on the land clearance compensation for the project improving and widening the NH6 – the bypass in Hoa Binh commune (today is Hoa Binh city), Hoa Binh PPC. Details are as below: Due Diligent Review Report (DDR) 20 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Table 4. Summary of AHs, area of land acquired, and compensation and supports Note: 1. In 2019, Dan Chu commune and part of Cham Mat ward were merged and named as Dan Chu ward. 2. The total number of AHs mentioned above is the mathematic addition of the number of HHs of whom the names were listed in the Decisions approving for the land acquisition, compensation, and assistance other than the accurate number of HHs who are affected by the Project, for example: a. Decision no. 1366/QD-UB dated 14/7/20004 approving the adjustment and supplement to the cost estimates of some previous Decisions: Decision no. 2011/QD-UB dated 25/11/2003 for 121 AHs who had received the compensation previously. b. Decision no. 2639/QD-UB dated 22/12/2004 approving the cost estimate in 2 tables of which, Table 1 consolidated the compensation amount (not yet calculated with K coefficient applicable to the price of agricultural land) for a total of 197 AHs. Table 2 consolidated the additional cost estimate calculated with the price of Due Diligent Review Report (DDR) 21 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 agricultural land with K coefficient for 91 AHs who had been named in the Table 1. 2.3. Legal framework for land acquisition, compensation, and resettlement 2.3.1. Legal framework 25. The land acquisition, compensation, assistance, and resettlement for the Project for upgrading and repairing the NH6 was carried out in 2002-2005, and based on the following legal documents: - Law on Land no. 13/2003/QH11 of the National Assembly of S.R.Vietnam on land; - Decree No. 181/2004/ND-CP dated 31 December 2015 of the Government of Vietnam guiding the implementation of the Law on land. - Decree No. 197/2004/NÄ?-CP dated 15/05/2004 of the Government of Vietnam on Regulations on compensation, assistance, and resettlement upon land expropriation by the State for the purpose of national security, national benefit, and public benefit; - Circular No. 116/2004/TT-BTC dated 07/12/2004 of Ministry of Finance guiding the implementation of Decree No.197/2004/NÄ?-CP; - Decree No. 22/1998/NÄ?-CP dated 24/4/2004 of the Government of Vietnam regulating the compensation, assistance, and resettlement upon land expropriation by the State for the purpose of national security, national benefit, and public benefit; - Circular No. 145/1998/TT-BTC dated 04/11/1998 of the Ministry of Finance guiding the implementation of Decree No.22//1998/NÄ?-CP; - Law on Complaint and denunciation no. 09/1998/QH10 of the National Assembly dated 02/12/1998 regulating the complaints and denunciations. - Decision No. 21/2003/QD-UB dated 30/7/2003 of Hoa Binh PPC promulgating the land unit prices applied in the territory of Hoa Binh province; - Decision No. 44/2003 dated on 44/2003/QD-UB dated 29/12/2003 of Hoa Binh PPC promulgating unit prices for land acquisition and compensation in Hoa Binh province; - Decision no. 39/2004/QD-UB dated 29/11/2004 of Hoa Binh PPC approving the coefficient for support/allowance for assets, structures in the unit prices for compensation and land acquisition for the construction of works in Hoa Binh province; - Decision no. 3037/QD-GTVT dated 14/10/2003 of Ministry of Transport regulating and guiding the procedures for the land acquisition, compensation and supports applicable for the transportation projects. 2.3.2. Compensation, assistance, and resettlement policies 26. The land acquisition, compensation, supports and resettlement for the upgrading and repairing Hoa Binh bypass road was carried out in accordance with the regulations prevailing at the time the land was acquired, specified in various Government’s decrees, circulars of Ministry of Finance, and the decisions of Hoa Binh PPC and of Ministry of Transport. The legal policy framework applied is presented in the section above. 2.3.3. Organization for implementation of compensation, assistance, and resettlement 27. Ministry of Transport (MOT) was the Project owner for repairing, improving NH6, Hoa Binh bypass, who allocated the fund for the project, including the compensation and supports for the land acquisition. The Projet Management Unit 2 (PMU2) was assigned to implement the project for repairing, improving the NH6, Hoa Binh bypass, was responsible for implementing and regulating overaly the project activities, including the component for the land acquisition, Due Diligent Review Report (DDR) 22 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 resettlement, and compensation. PMU2 was a member of the Committee for Land acquisition, compensation, and land clearance for the project for repairing, improving NH, Hoa Binh bypass. PMU2 was responsible for reporting any issues related to the land acquisition, resettlement, and compensation to MOT. 28. Hoa Binh PPC was responsible for overall implementation of the land acquisition, resettlement, compensation, and support carried out in Hoa Binh province. Hoa Binh PPC was responsible for approving or authorizing relevant District People’s Committee (DPC) to issue Notification for land acquisition, approving overall plans for resettlement compensation and support, issuing decisions on acquiring land from organizations, directing DPCs to carry out the land acquisition, resettlement compensation and support. 29. Hoa Binh town’s People's Committee directly instructed the Land acquisition, compensation, and support Committee (LACSC) for the project for repairing, improving the NH6, Hoa Binh bypass, and approving the plans for resettlement compensation and support that had been submitted by the Land acquisition, compensation, and support Committee for the project for repairing, improving the NH6, Hoa Binh bypass. 30. The LACSC for the project for repairing, improving the NH6, Hoa Binh bypass was responsible for implementing task of land acquisition, resettlement compensation and support in the Project. The LACSC was responsible for making surveys, DMS, preparing plans for resettlement compensation and support then submitting to Hoa Binh DPC for approving. The LACSC coordinated with PMU2 in making payments to AHs and taking over the land, clearing the land. 31. People’s Committees in communes/wards (CPCs): Cham Mat, Su Ngoi, Dan Chu, Thai Binh and Thong Nhat CPCs were responsible for providing cadastral maps to the LACSC, propagandizing people about the project information and the policy on land acquisition, resettlement, and support, assigning staff to participate in DMS team, organizing to disseminate information, publicly disclose the plans for compensation and support, handling questions and complaints of AHs related to DMS. 32. All the land acquisition, compensation and supports, land clearance for the project for repairing, improving the NH6, Hoa Binh bypass, were completed in 2005 and financed by the Project investment allocated by the Central budget. The LACSC was dissolved when the land acquisition, compensation and support had been completed. The documents related to the land acquisition, resettlement compensation and support in the project for repairing, improving the NH6, Hoa Binh bypass was handed over to the Hoa Binh Land fund development Center. 2.4. Findings obtained from DDR process 2.4.1. Consultation and participation of the stakeholders 33. The consultation carried out with the people in 04 commune/wards in Hoa Binh city who live along the Hoa Binh bypass road indicated that before the land was acquired, they had been all informed about that project and the policy for land acquisition, compensation, and support for AHs. The information was mainly disseminated in the public meetings and conveyed by the commune/ward officers and PMU staff. The consultation was to inform and consult the local people about: (i) the work items related to the project for upgrading and repairing NH6, the project implementation schedule, the land acquisition, compensation and resettlement, and the construction schedule; (ii) DMS plan; (iii) the policy for land acquisition, compensation, and support for AHs as regulated by the Government. However, it was long time ago, so they did not remember the details of the information consulted. 34. The DMS results and compensation for AHs (the plan for land acquisition, compensation, and support) were publicly disclosed by the LACSC and CPCs in a duration no less than 20 days at the CPC office and the Office of LACSC so that the AHs or other Due Diligent Review Report (DDR) 23 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 stakeholders could come, check and comment. The opinions of the affected people and the stakeholders were received by the LACSC, explained, and incorporated to finalize the plans for land acquisition, resettlement compensation and support which would be submitted to Hoa Binh DPC for approval or submitted to the Provincial Department of Finance - Pricing (the provincial price appraisal committe) for apprasing before it would be submited to PPC for appoval. 2.4.2. DMS and classification of AHs 35. Being asked about the DMS of affected assets, the respondents replied that they had participated in the DMS process and signed to verify their assets counted after they checked the data in the DMS record. The DMS record was in the format and when AHs had checked the information on DMS and found that was correct, then AHs signed on the record to verify and the signed DMS record was used for calculating the compensation. They said that before the DMS, they were given a form that they would use to declare the area of their land, type of land, houses, and structures, trees, and crops, and were instructed to declare. 36. However, that activity was carried out so long ago that they did not remember nor keep any records or paper related to DMS or compensation payment. Ms Luong Thi Le in Village 3, Su Ngoi commune said that: My family gave the agricultural land, garden land for the project. It was over 20 years, so it is difficult to keep any paper or records related to the compensation. 37. Having checked the samples of DMS records indicated that in the DMS record, it was clearly presented the details of types of land and area of land per each type in square meter, types of assets (structures) (m2, and description), crops and trees (quantity, diameter of trees, or diameter of canopy, detailed information such as whether the crop had been harvested) that were in the land acquistion area, attached with the layout of the land area affected. Every page was signed by the parties related: PMU2 (under Ministry of Transport), Representative of the Land acquisition, compensation and resettlement committee, CPCs, representatives of AHs, and AHs. In addition, the dossiers also contained the records on which the AHs declared their assets and signed by AHs owners. The copy of self-declaration of assets to be affected by AHs was attached to DDR report. 2.4.3. Compensation rate 38. The land acquisition, compensation, and land clearance were carried out and completed in 2002-2005 for the NH6 upgrading and improving (including the Hoa Binh bypass road) in 2004 and it was financed by the Government bond. Reviewing and checking the documents related to the land acquisition, resettlement compensation and support indicated that the calculation of compensation for assets affected had been carried out in accordance with the prevailing regulations on land acquisition, compensation and resettlement: Decree No. 22/1998/NÄ?-CP dated 24/4/1998, and Decree No. 197/2004/NÄ?-CP dated 03/12/2004 of the Government of Vietnam on Regulations on compensation, assistance, and resettlement upon land expropriation by the State for the purpose of national security, national benefit, and public benefit, and other Circulars guiding the implementation of these Decrees. 39. The land acquisition and clearance were undertaken when it was the transition period of executing the two legal documents regulating the compensation, assistance and resettlement: Decree no. 22/1998/ND-CP and Decree no 197/2004/ND-CP, so Hoa Binh PPC had to promulgate multiple decisions, aiming to adjust, supplement the land price, rates for compensation and supports to AHs in order to assure the entitlements of AHs of whom the land had been acquired for the project and also to comply with the prevailing regulations on compensation and supports. Having reviewed 14 decisions approving the cost estimate for the compensation, supports for the land acquisition that the Consultant collected indicated that 6 decisions were the decisions approving additional cost estimated (budget) for the land acquisition. The decisions approving the additional adjustment and supplements were adjusted to supplement the rate for land, compensation, and support rates for affected assets in Due Diligent Review Report (DDR) 24 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 accordance with Decree no. 22/1998/ND-CP, which then was supplemented with the Decree 197/2004/ND-CP accordingly. Details are as below: Table 5. List of decisions approving the cost estimated for compensation, assistance, and resettlement Area of land acquired Amount Additional Series of Date of Nr Name of Decision Location Area approved and amount Decision Decision Total amount Nr. AHs acquired paid (VND) approved (VND) approved (VND) (m2) Approving the cost estimate for land acquisition, 1 2639/QD-UB 22/12/2004 compensation for works: Improving, upgrading Su Ngoi commune 288 5,991,753,000 5,991,753,000 NH6, Su Ngoi commune, Hoa Binh town Approving the cost estimate for land acquisition, compensation for works: khu tái định cÆ° II, Dong 2 1028/QD-UB 20/06/2005 Dong Tien ward 1 2,647.3 68,267,000 68,267,000 Tien ward, Hoa Binh town thuá»™c Dá»± án Improving, upgrading NH6 Approving the cost estimate for land acquisition, compensation for works: Improving, upgrading 3 1836/QD-UB 22/09/2004 NH6, Ä‘oạn qua Dong Tien ward, Hoa Binh Dong Tien ward 18,021.76 5,062,786,000 5,062,786,000 townApproving the cost estimate for land acquisition, compensation for works: 80 Cham Mat ward 3,177,845,000 3,177,845,000 Approving the cost estimate for land acquisition, 41 compensation for works: Improving, upgrading 4 2110/QD-UB 25/11/2003 Thai Binh ward 2,062,192,000 2,062,192,000 NH6, (Thai Binh ward, Cham Mat ward and 49 Thong Nhat commune, Hoa Binh town) Thong Nhat commune 1,534,190,000 1,534,190,000 74 Approving the additional cost estimate for land Cham Mat ward 42 3,177,845,323 183,398,000 3,361,243,323 acquisition, compensation for works: Improving, Thai Binh ward 21,569,000 21,569,000 5 2680/QD-UB 24/12/2004 4 upgrading NH6, (Thai Binh ward, Cham Mat ward and Dan Chu commune, Hoa Binh town). Dan Chu commune 1 326.5 18,999,000 18,999,000 Thong Nhat commune 16 192,497,897 11,550,000 204,047,897 Dan Chu commune 47 1,582,344,263 94,621,000 1,676,965,263 Approving the additional cost estimate for land Cham Mat ward 86 3,436,459,853 207,160,000 3,643,619,853 acquisition, compensation for works: Improving, 6 898/QD-UB 30/05/2005 upgrading NH6 running through communes and Thai Binh ward 10 186,810,084 11,209,000 198,019,084 wards of Hoa Binh town Dong Tien ward 54 2,259,387,286 161,111,000 2,420,498,286 Su Ngoi commune 79 2,682,355,652 161,896,000 2,844,251,652 Approving the cost estimate for land acquisition, compensation for works: Construction of 7 640/QD-UB 25/04/2005 resettlement area in Su Ngoi commune, Project: Su Ngoi commune 28 12,969 601,805,000 601,805,000 Improving, upgrading NH6, running through Hoa Binh town Approving the cost estimate for land acquisition, compensation for works: Construction of 8 641/QD-UB 25/04/2005 resettlement area in Thai Binh ward for project: Thai Binh ward 10 2,026.30 248,105,000 248,105,000 Improving, upgrading NH6, running through Hoa Binh town Approving for cost estimate for compensating rice in O rice field, Thong Nhat commune, Hoa Binh 9 113/QD-UB 25/01/2005 Thong Nhat commune 9 2,798 8,394,000 8,394,000 town that was innundated due to the construction of works: Improving, upgrading NH6. Approving the additional cost estimate for land Dan Chu commune 74 15,880 233,502,000 249,102,444 482,604,444 acquisition, compensation for works: Improving, 10 2652/QD-UB 23/12/2004 upgrading NH6, (Dan Chu commune and Thong Nhat commune, Hoa Binh town). Thai Binh ward 51 14,601 214,632,000 223,632,653 438,264,653 Approving the additional cost estimate for land Thong Nhat commune 72 1,569,719,000 35,530,000 1,605,249,000 acquisition, compensation for works: Improving, 11 1366/QD-UB 14/07/2004 upgrading NH6, (Thai Binh ward and Thong Nhat commune, Hoa Binh town). Thai Binh ward 49 2,078,517,000 16,325,000 2,094,842,000 Approving the cost estimate for land acquisition, compensation for works: Improving, upgrading 12 833/QD-UB 12/5/2004 Cham Mat ward 70 22,579.47 2,372,865,838 2,372,865,838 NH6, section in Cham Mat ward, Hoa Binh town, Hoa Binh province. Approving the cost estimate for land acquisition, compensation for works: Resettlement area in 13 264/QD-UB 23/02/2004 Dan Chu commune, Hoa Binh town, relocation of Dan Chu commune 27 9,620 342,300,000 342,300,000 people for construction of works: Improving, upgrading NH6 Approving the additional cost estimate for land acquisition, compensation for works: Improving, 14 1036/QD-UB 14/06/2004 upgrading NH6, section running through the Dan Chu commune 92,391,500 92,391,500 Resettlement area in Dan Chu commune, Hoa Binh town, Hoa Binh province Total 1,262 101,469 39,217,532,696 1,355,535,097 40,573,067,793 40. The review of calculation of price for land carried out in the project indicated that the rate for land compensation was the price issued by PPC for the project for repairing, improving the NH6, Hoa Binh bypass. Hoa Binh PPC regulated prices for land for compensation purposes based on the land pricing frame which was promulgated every year in accordance with the Decree no. 22/1998/ND-CP which was then replaced with the Decree 197/2004/ND-CP of the Due Diligent Review Report (DDR) 25 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Government of Vietnam regulating the compensation and support to the people of whom the land was acquired for the national security, defense, and public interest. Based on the land pricing frame promulgated by Hoa Binh PPC, the Department of Finance - Pricing, with the participation of other relevant authorities, had surveyed, studied, calculated, and submitted the rates for compensation and support for AHs reflecting the actual profitable capacity in the locality to Hoa Binh PPC for its approval for the project for repairing and improving the NH6. 41. Houses, structures serving the daily domestic activities of the AHs that were affected would be compensated with the value of new construction of houses, structures with similar technical standards issued by Ministry of Construction. The value of new construction of houses, structures would be calculated in accordance with the area of construction of house, labor cost multiplied with cost norm applied for new construction of similar houses, structures which was promulgated by Hoa Binh PPC. 42. For other affected works or architectural objects, the compensation was equal to the existing value of the affected works or architectural objects, which was determined by the proportion of the remaining quality of that works or objects, multiplied by the value of new construction of works or objects with equivalent technical standards issued by the Ministry of Construction plus with the amount calculated by the proportion of the existing value of works and structures prescribed by Hoa Binh PPC but the maximum compensation rate would not exceed 100% of the value of new construction of works or architectural objects with equivalent technical standards. 43. Compensation rate for crops and trees was calculated by the value of the yield of the crops or trees. The value of yield of the crops was calculated by the yield of the highest crop in the preceding 3 years of the local main crop multiplied with the average price of that crop at the time of land acquisition. Compensation rate for perennial trees was calculated by the current value of the orchard (not including value of land use rights) multiplied with the local price at the time of land acquisition. 44. While preparing the plans on land acquisition, resettlement compensation and assistance, the compensation plan with compensation value and the legal framework had been publicly disclosed at the CPCs’ office and the LACSC’s office so that the affected people and related people would come to check, review, and give their opinions before the compensation plan was officially submitted to the Hoa Binh DPC/PPC for approval. 45. The AHs had agreed with these plans for compensation and assistance/supports and all received the compensation and support for their affected assets. The total compensation amount for the land, architecture structures, and crops and trees of AHs listed in the decisions and the compensation and assistance plans are summarized as below. Due Diligent Review Report (DDR) 26 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Table 6. Summary of compensation for land and on-land assets Area of land acquired Details of compensation per assets affected (VND) Additional Series of Compensation for Compensation for Compensation for Compensation for Compensation for Nr Location Area compensation for land Decision Nr. agricultural land resident land productive forest land structure crops and trees acquired price changed AHs (m2) Amount Amount AHs Amount (VND) AHs Amount (VND) AHs AHs Amount (VND) AHs Amount (VND) AHs (VND) (VND) 1 2639/QD-UB Su Ngoi commune 288 255 2,367,349,000 179 2,732,822,000 159 344,914,000 91 250,408,000 2 1028/QD-UB Dong Tien ward 1 2,647.3 1 66,467,000 3 1836/QD-UB Dong Tien ward 80 18,021.76 80 2,447,392,000 52 2,268,473,000 62 145,640,000 Cham Mat ward 41 42 1,874,426,959 28 1,120,211,064 39 96,837,300 4 2110/QD-UB Thai Binh ward 49 49 1,616,766,470 10 181,454,350 47 245,130,900 Thong Nhat commune 74 74 716,466,906 19 688,168,497 73 98,754,316 Cham Mat ward 42 42 1,955,317,711 63 1,181,620,012 54 121,375,180 5 2680/QD-UB Thai Binh ward 4 4 17,482,873 5 3,088,310 7 998,475 Dan Chu commune 1 326.5 1 19,081,750 10 20,172,766 1 50,000 Thong Nhat commune 16 Dan Chu commune 47 Cham Mat ward 86 6 898/QD-UB Thai Binh ward 10 Dong Tien ward 54 Su Ngoi commune 79 7 640/QD-UB Su Ngoi commune 28 12,969 28 528,571,000 1 25,355,164 32 17,549,250 8 641/QD-UB Thai Binh ward 10 2,026.30 10 240,532,000 10 4,773,000 9 113/QD-UB Thong Nhat commune 9 2,798 Dan Chu commune 74 15,880 74 467,004,888 10 2652/QD-UB Thai Binh ward 51 14,601 51 429,264,800 Thong Nhat commune 72 72 716,465,600 74 802,953,700 11 1366/QD-UB Thai Binh ward 49 49 1,616,766,100 47 437,210,900 12 833/QD-UB Cham Mat ward 70 22,579.47 28 57 5 69 2,471,838,200 13 264/QD-UB Dan Chu commune 27 9,620 27 325,156,000 27 16,644,000 14 1036/QD-UB Dan Chu commune 1 86,691,500 Total 1,262 101,469 530 6,497,596,561 413 8,840,447,496 5 - 596 12,107,943,463 474 1,071,249,421 91 250,408,000 2.4.4. Allowances/assistances 46. Having reviewed the documents collected revealed that though the land acquisition, compensation and land clearance was undertaken in 2002-2005, when the Decree 197/2004/ND-CP signed on 03/12/2004, published on the National News on 08/12/2004 and became effective in 15 days from the date of publishing on the National News (i.e. on 24/12/2004), the supports to AHs of whom the land was acquired in accordance with the Decree 197/2004/ND-CP had been provided for in the decisions approving the cost estimate for the compensation, supports and resettlement issued afterwards or in the decisions approving for adjustment and supplement of compensation. 47. In case of the assistances/ allowances applied for and entitled to AHs, it was highlighted with the allowance for life and production stability. Previously, the Decree no. 22/1998/ND-CP only regulated the support for the life and production stability for relocation AHs in a period of 06 months in cash, with the rate applied for 01 AP/01 month equal to 30 kg of rice at the averaged prices of rice in the local market at the time of compensation delivered. Decree. no 197/2004/ND-CP regulated that AHs who directly involved in the agricultural production, of whom more than 30% of agricultural land allocated was acquired by the Government would be eligible to be supported for the life stability in 03 months if not being relocated, and in 06 months if being relocated; in relocating in an area with difficult economic - social conditions or with economic - social conditions especially difficult, the duration of support would be max in 12 months. The support would be in cash for 01 AP per month equal to 30 kg of rice at the averaged price of rice in the local market. 48. The results obtained from reviewing the supports/ assistances provided per type and number of AHs entitled in the decisions approving the cost estimate for land acquisition, Due Diligent Review Report (DDR) 27 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 compensation and assistances issued by Hoa Binh PPC are presented in Table below. Due Diligent Review Report (DDR) 28 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Table 7. Summary of allowances provided to AHs Relocation allowance Live stability allowance Other allowance Series of Date of Nr Location Decision Decision AHs Amount (VND) AHs Amount (VND) AHs Amount (VND) 1 2639/QD-UB 22/12/2004 Su Ngoi commune 96 296,260,000 2 1028/QD-UB 20/06/2005 Dong Tien ward 1 1,500,000 3 1836/QD-UB 22/09/2004 Dong Tien ward 41 196,280,000 Cham Mat ward 20 86,360,000 4 2110/QD-UB 25/11/2003 Thai Binh ward 5 18,840,000 Thong Nhat commune 7 30,800,000 Cham Mat ward 21 102,920,000 5 2680/QD-UB 24/12/2004 Thai Binh ward Dan Chu commune Thong Nhat commune Dan Chu commune Cham Mat ward 6 898/QD-UB 30/05/2005 Thai Binh ward Dong Tien ward Su Ngoi commune 7 640/QD-UB 25/04/2005 Su Ngoi commune 1 6,000,000 8 641/QD-UB 25/04/2005 Thai Binh ward 3 1,800,000 9 113/QD-UB 25/01/2005 Thong Nhat commune Dan Chu commune 16 15,600,000 10 2652/QD-UB 23/12/2004 Thai Binh ward 14 9,000,000 Thong Nhat commune 25 50,300,000 11 1366/QD-UB 14/07/2004 Thai Binh ward 8 24,540,000 12 833/QD-UB 12/5/2004 Cham Mat ward 46 189,980,000 13 264/QD-UB 23/02/2004 Dan Chu commune 14 1036/QD-UB 14/06/2004 Dan Chu commune 4 2,400,000 5 3,000,000 Total 1 1,500,000 307 1,031,080,000 5 3,000,000 2.4.5. Income restoration 49. According to the legal documents that were in effective when the land acquisition, compensation and assistance had been taken place (2002-2005), there was no specific requirement for the income restoration or livelihood recovery for AHs. The interviews with HHs indicated that most of them had used the compensation in repairing and upgrading their houses, spending on their children’s education, or investing in the business. However, due to the long time has gone and many of them were not the ones who had received the compensation and decided the expenditures that time, so their responses were bias. 50. Though there was no baseline data for comparison purpose, the Consultant has carried out a social economic survey on 114 HHs living in the project area. The SES survey indicated that according to the policy of the Ministry of Labor, Invalid and Social Affairs (MOLISA) in multi-dimension approach in 2016-2020, the threshold of the near-poor in rural area: 1,000,000 VND/person/month, and in urban area: 1,300,000 VND/person/month, among the surveyed HHs, 03 HHs are in the near-poor group. The survey on average income of 114 HHs indicated that most of HHs had the income of 8 million to 18 million VND/month, counting for 71.7% of total surveyed HHs, i.e., quite high income gained. None of surveyed HHs are under the poverty line. Due Diligent Review Report (DDR) 29 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 51. More details of the social-economic conditions of the surveyed HHs are presented in the following section as well as in the Social Assessment Report prepared for the Project. 2.4.6. Grievance Redress Mechanism 52. The grievance redress mechanism was in line with the national regulations. Regarding to the grievance redress mechanism, some people said, during the DMS and the calculation for compensation, there were also cases of miscounting, missing, or applying with wrong prices for compensation. AHs did report to the Land acquisition, compensation and assistance committee through the CPC, and their cases had been solved. So far, no more grievance has been raised. “This happened long ago. National Road 6 was completed, we’ve been in use quite good in nearly 20 years, there is no conflict, complaintâ€?. 53. The public meetings were carried out in the commune/ wards along the road and the consultation with the local authorities, in-depth interviews with CPC officers and CPC land management officers. All the people in the meetings and the consulted CPC officers confirmed that in the area that would be proposed for the coming project, the land had been acquired, AHs had been compensated and supported in the previous project, and presently, there is no pending issue and people do not have complaint or conflict. 54. The grievance redress mechanism applied in this project is presented below: i. If there was a dispute or complaint about the land compensation or acquisition, the parties took the initiative to mediate, if they could not reach agreement, the problem would be taken to the primary mediation to resolve. If the AH did not satisfy with the solution or failed to mediate, he/she would bring his/her case or complaint to the CPC where the case or complaint was raised for being heard and resolved. Then the meditation would be recorded and signed by the concerned parties, then verified by CPC whether the parties had reached the agreement or not. The record of settlement would be sent to the parties in dispute and also archived in CPC office where the dispute was originated. ii. In case the person having questions or complaints was not satisfied with the decisions of the CPC, the complainants would send their questions and complaints to the DPC. The time limit for first settlement of a complaint would not exceed 30 days from the date of receiving it for settlement; For complicated cases, the time limit for complaint settlement might be longer, but not more than 45 days from the date of acceptance for settlement. In remote and difficult areas or in area where it was difficult to access, the time limit for first-time complaint settlement would not exceed 45 days from the date of its receipt for settlement; for complicated cases, the time limit for complaint settlement might be longer, but not exceed 60 days from the date of receipt for settlement. DPC Chairman was responsible for handling the case. The settlement decision of the DPC Chairman would be publicly announced and sent to the complainant and others with related rights and obligations. iii. Within a period of not exceedingly more than forty-five (45) days from the date of the decision on settlement of the DPC Chairman, the complainant disagreed with the settlement decision would have the right to sue to the People's Court or appeal to the Hoa Binh PPC. In case of a complaint was sent to the Hoa Binh PPC, the PPC Chairman was responsible for settling the complaint. The settlement decision of the Hoa Binh PPC Chairman would be final and publicly announced and sent to the complainant and others with related rights and obligations. The agency receiving the complaint was responsible for keeping track of the complaint settlement. Due Diligent Review Report (DDR) 30 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 2.5. Socio-economic information of HHs 2.5.1. Ethnic groups in survey HHs 55. The ethnic composition in the surveyed HHs is dominated with Kinh group with 71 HHs, counting for 62.3% of total surveyed HHs. Kinh people are present in most of the project commune/ wards. Then, Muong ethnic minority is the second biggest group with 37 HHs, making up 32.5% of total surveyed HHs, mainly living in Su Ngoi commune (17 HHs) and Dan Chu ward (15 HHs). Other ethnic groups: Hoa, Tay and Dao count for 5.2% with 6 HHs. Details of the EM would be presented in the EMDP. Table 8. Ethnic groups in survey HHs Commune/ward Dong Tien Su Ngoi Dan Chu Thong Nhat Ethnicity Total ward commune ward ward HH % HH % HH % HH % HH % Kinh 25 35.2 8 11.3 18 25.4 20 28.2 71 100 Tay 0 0.0 1 33.3 0 0.0 2 66.7 3 100 Muong 1 2.7 17 45.9 15 40.5 4 10.8 37 100 Hoa 1 100.0 0 0.0 0 0.0 0 0.0 1 100 Dao 0 0.0 0 0.0 1 50.0 1 50.0 2 100 Total 27 23.7 26 22.8 34 29.8 27 23.7 114 100 Source: SES survey, September 2020 56. The number of households surveyed on the socio-economic situation implemented in 4 communes/wards of Hoa Binh city is 114 affected households (accounting for more than 30% of the total affected households) with a total of 497 members. In the total of 14 households surveyed, 78 HH owners are male, counting for 68.4% and 38 HH owners are femle, counting for 31.6%. The SES results indicated that the average member per AHs is 4.4 people/AH. The average household member is quite equal among the communes, with the highest rate is 4.5 people per HH in Su Ngoi commune, the lowest rate is 4.1 people per HH in Dong Tien ward. The average HH member in Dan Chu and Thong Nhat wards are 4.4 person/HH. Details are presented in the Table below. Table 9. HHs in SES survey Total Gender of respondent No. Ward/ Commune surveyed Persons HH size HHs Male Female 1 Dong Tien ward 27 111 17 10 4.1 2 Su Ngoi commune 26 118 17 9 4.5 3 Dan Chu ward 34 150 24 10 4.4 4 Thong Nhat ward 27 118 20 7 4.4 Total 114 497 78 36 4.4 Source: SES survey, September 2020 57. The SES survey for 114 HHs indicated that most of HH owners are more than 46 years old, counting for 83.3% with 95 people, especially, people older than 65 years old count for 27, making up 23.7%. The HH owners in the age range of 35-45 count for 16.7% with 19 people, and the HH owners in the age range of 30-35 count for 4.4%, with only 5 people. Due Diligent Review Report (DDR) 31 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Table 10. Population structure per age range of HH owners Gender of respondent 30 -35 yrs 36 - 45 yrs 56 - 65 yrs > 65 yrs Ward/ Commune 46 - 55 yrs old Total old old old old HH % HH % HH % HH % HH % HH % Dong Tien ward 2 7.4 4 14.8 6 22.2 8 29.6 7 25.9 27 100 Su Ngoi commune 1 3.8 2 7.7 3 11.5 15 57.7 5 19.2 26 100 Dan Chu ward 0 0.0 6 17.6 10 29.4 11 32.4 7 20.6 34 100 Thong Nhat ward 2 7.4 2 7.4 11 40.7 4 14.8 8 29.6 27 100 Total 5 4.4 14 12.3 30 26.3 38 33.3 27 23.7 114 100 Source: SES survey, September 2020 58. In the survey, the education of the HH owners is mainly in range of the secondary to tertiary education, up to 87 persons, counting for 76.3% of total HH owners. 02 HH owners are illiterate and 09 HH owners only finished their primary education. Many HH owners are more than 65 years old and the project area is in the mountainous area with difficult conditions, so their education of HH owners is not high. The number of HH owners who graduated the colleage or university is small, counts for only 7.9% and 6.1% respectively compared with the total HH owners in the survey. Table 11. Education level of HH heads Commune/ward Dong Tien Su Ngoi Dan Chu Thong Nhat Gender of respondent Total ward commune ward ward HH % HH % HH % HH % HH % Illiterate 1 3.7 1 3.8 0 0.0 0 0.0 2 1.8 Primary education 0 0.0 3 11.5 1 2.9 5 18.5 9 7.9 Secondary education 1 3.7 13 50.0 9 26.5 8 29.6 31 27.2 Not yet graduated from 4 14.8 3 11.5 8 23.5 0 0.0 15 13.2 Tertiary school Tertiary education 15 55.6 4 15.4 10 29.4 12 44.4 41 36.0 High school/vocational 4 14.8 1 3.8 2 5.9 2 7.4 9 7.9 training University 2 7.4 1 3.8 4 11.8 0 0.0 7 6.1 Total 27 100 26 100 34 100 27 100 114 100 Source: SES survey, September 2020 2.5.2. Occupations and incomes 59. The main jobs of surveyed AHs are hire labor, farm jobs, or retired, counting for 30.7%, 27.2%, and 21.9% respectively. HHs of whom HH owners work in the agricultural sector mainly live in Su Ngoi commune (up to 57.7%), then in Dan Chu ward (17.6%), and Thong Nhat ward (14.8%). In Dong Tien ward, none of HH owners has the main job in farming. HH owners of whom the main job is the hire labor mainly live in Dong Tien ward (51.9%), Thong Nhat ward (33.3%), and Su Ngoi commune (19.2%). HH owners having retirement mainly live in Dan Chu ward (35.3%), then Dong Tien ward (29.6%), and Thong Nhat ward (25.9%). HH owners do business/ trade or trade in food and drinks make up 7% of total surveyed HHs, with a total of 8 HHs. Details of the jobs of HH owners are presented in Table below. Due Diligent Review Report (DDR) 32 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Table 12. Occupation of HH owners Commune/ward Main jobs of HH Dong Tien Su Ngoi Dan Chu Thong Nhat Total owners ward commune ward ward HH % HH % HH % HH % HH % Agriculture 0 0.0 15 57.7 6 17.6 4 14.8 25 21.9 Husbandry 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 Business/trade 0 0.0 1 3.8 2 5.9 2 7.4 5 4.4 Food and drinks 1 3.7 1 3.8 1 2.9 0 0.0 3 2.6 services Workers 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 Gov. officers 2 7.4 0 0.0 2 5.9 0 0.0 4 3.5 Hired in private 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 sector Work in transport 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 sector Do homework 2 7.4 0 0.0 4 11.8 3 11.1 9 7.9 Hire labor 14 51.9 5 19.2 7 20.6 9 33.3 35 30.7 Retired 8 29.6 4 15.4 12 35.3 7 25.9 31 27.2 Others 0 0.0 0 0.0 0 0.0 2 7.4 2 1.8 Total 27 100 26 100 34 100 27 100 114 100 Source: SES survey, September 2020 60. The average monthly income of most head households ranges from 1.3 million VND / month to 5 million VND / month, with a total of 68 households / 114 surveyed households, accounting for 59.7%. 19 households have incomes from 5 million VND to 8 million VND / month, accounting for 16.7% of total surveyed households. Only 3 households have an average income of less than 900,000 VND / month, accounting for 2.6% of the total number of surveyed households, of which 1 household is in Su Ngoi commune and 2 households in Thong Nhat ward. Households with an average monthly income of between VND 900,000 and VND 1,300,000 are concentrated mainly in Su Ngoi commune, up to 8 out of 13 households with income in this range, accounting for 11.4% of all surveyed households. Details are presented in the following table. Table 13. Average monthly income of HH owners Dong Thong Su Ngoi Dan Chu Total Average monthly income of Tien Nhat HHs HH % HH % HH % HH % HH % < 4,000,000 0 0.0 3 11.5 0 0.0 2 7.4 5 4.4 4,001,000 – 6,000,000 7 25.9 1 3.8 1 2.9 1 3.7 10 8.8 6,001,000 – 8,000,000 4 14.8 2 7.7 8 23.5 1 3.7 15 13.2 8,001,000 – 12,000,000 5 18.5 12 46.2 8 23.5 14 51.9 39 34.2 12,001,000 – 18,000,000 11 40.7 8 30.8 17 50.0 9 33.3 45 39.5 > 18,000,000 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 Total 27 100 26 100 34 100.0 27 100 114 100 Source: SES survey, September 2020 61. The survey on average income of 114 HHs indicated that most of HHs had the income of 8,000,000 to 18,000,000 VND/month, counting for 71.7% of total surveyed HHs. HHs have the income of 6,000,000 to 8,000,000 VND/month counting for 13.2% of total surveyed HHs. HHs have the average income less than 4,000,000 VND/month, counting for 4.4% of total surveyed HHs, of which 3 HHs are in Su Ngoi commune and 2 HHs are in Thong Nhat ward. HHs have the income of 6,000,000 to 8,000,000 VND/ month counting for 8.8% of total surveyed HHs. In general, the surveyed HHs have the quite high income gained. However, none of HHs have the average monthly income over 18,000,000 VND. Due Diligent Review Report (DDR) 33 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Table 14. Average monthly income of surveyed HHs Dong Tien Su Ngoi Dan Chu Thong Nhat Average monthly Total ward commune ward ward income of HHs HH % HH % HH % HH % HH % < 4,000,000 0 0.00 3 11.50 0 0.00 2 7.40 5 4.40 4,001,000 – 7 25.90 1 3.80 1 2.90 1 3.70 10 8.80 6,000,000 6,001,000 – 4 14.80 2 7.70 8 23.50 1 3.70 15 13.20 8,000,000 8,001,000 – 5 18.50 12 46.20 8 23.50 14 51.90 39 34.20 12,000,000 12,001,000 – 11 40.70 8 30.80 17 50.00 9 33.30 45 39.50 18,000,000 > 18,000,000 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 Total 27 100 26 100 34 100 27 100 114 100 Source: SES survey, September 2020 62. The survey on average expenditure of 114 HHs indicated that most of HHs have the expenditure of 4 million to 6 million VND/month, counting for 33.3% of total surveyed HHs. HHs have the expenditure from 6 million to 8 million VND/month counting for 23.7% of total surveyed HHs. and spending less than 4 million VND/month/HH counts for 21.1% of total HHs in survey. Table 15. Average monthly expenditure of AHs in survey Average monthly Dong Tien Su Ngoi Dan Chu Thong Nhat Total expenditure of ward commune ward ward HHs HH % HH % HH % HH % HH % < 4,000,000 6 22.2 7 26.9 7 20.6 4 14.8 24 21.1 4,000,000 - 15 55.6 3 11.5 9 26.5 11 40.7 38 33.3 6000.000 6,001,000 – 3 11.1 10 38.5 10 29.4 4 14.8 27 23.7 8,000,000 8,001,000 – 3 11.1 4 15.4 3 8.8 6 22.2 16 14.0 10,000,000 > 10,000,00 0 0.0 2 7.7 5 14.7 2 7.4 9 7.9 Total 27 100 26 100 34 100 27 100 114 100 Source: SES survey, September 2020 63. Classification of HHs per poverty line: Among 114 surveyed HHs, 97.4% of them are above the poverty line (111 HHs). According to the policy of the Ministry of Labor, Invalid and Social Affairs (MOLISA) in multi-dimension approach in 2016-2020, the threshold of the near- poor in rural area: 1,000,000 VND/person/month, and in urban area: 1,300,000 VND/person/month, among the surveyed HHs, 03 HHs are in the near-poor group: 1 HH in Su Ngoi commune and 2 HHs in Thong Nhat ward. Table 16. Classification of HHs per poverty line Poor HHs Near -poor HHs No-Poor HHs Total Ward/ Commune HH % HH % HH % HH % Dong Tien ward 0 0.0 0 0.0 27 100.0 27 100 Su Ngoi commune 0 0.0 1 3.8 25 96.2 26 100 Dan Chu ward 0 0.0 0 0.0 34 100.0 34 100 Thong Nhat ward 0 0.0 2 7.4 25 92.6 27 100 Total 0 0.0 3 2.6 111 97.4 114 100 Source: SES survey, September 2020 Due Diligent Review Report (DDR) 34 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 2.5.3. Living Conditions 64. The survey on the utilities and domestic applicants of 114 AHs indicated that the most popular domestic applicants in the communes are motorbikes, electric fans, electric rice cookers, motorbikes, gas cookers, fridges, and television (94.7% - 100%). Many HHs have more than 01 utility or domestic applicant, especially electric fans (393 pieces/114 HHs), or motorbikes (223 pieces/114 HHs). Electric bicyles are very popular in the project area, and the number of HHs using bikes counts for only 46.5% among the surveyed HHs. Some utilities such as water-heaters, washing machines, water pumps are quire popular among the HHs, with the rate of 38.6%, 60.5%, 36% respectively. Among the AHs, up to 32.5% of them used computers. 04 HHs out of 114 HHs surveyed have vehicle, counting for 3.5% of total HHs in survey. As presented in the rate of using the domestic applications of AHs in the project area, it is obvious that the rate of utilization of domestic applicants and conveniences in HHs is quite high, the living conditions of the local people is quite good. People now have more access to the new technology as well as invest more in the conveniences and modern domestic applicants in their families. Due Diligent Review Report (DDR) 35 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Table 17. Utilities and domestic applicants of HHs in survey Commune/ward Dong Dan Thong proportion of Utility/HH/quantity Su Ngoi Tien Chu Nhat Total HHs in use commune ward ward ward HHs 26 26 34 26 112 Television Quantit 98.2% 42 32 41 28 143 y HHs 27 24 32 25 108 Motorbike Quantit 94.7% 60 46 63 54 223 y HHs 3 12 21 17 53 Bike Quantit 46.5% 3 15 27 20 65 y HHs 27 26 34 23 110 Electric fan Quantit 96.5% 88 93 126 86 393 y HHs 27 26 34 27 114 Electric rice Quantit 100.0% cook 27 26 40 30 123 y HHs 27 26 34 25 112 Refrigerato Quantit 98.2% r 27 27 45 35 134 y HHs 5 6 14 16 41 Water Quantit 36.0% pump 6 6 15 17 44 y HHs 15 15 21 18 69 Washing Quantit 60.5% machine 15 15 22 18 70 y HHs 25 25 31 27 108 Gas cook Quantit 94.7% 25 25 35 27 112 y Electric HHs 13 7 13 11 44 water Quantit 38.6% 16 7 15 12 50 heater y HHs 9 6 12 10 37 Computer Quantit 32.5% 21 6 16 11 54 y HHs 2 0 2 0 4 Car/vehicle Quantit 3.5% 2 0 4 0 6 y Source: SES survey, September 2020 65. The water for domestic use of the surveyed HHs is mainly from tap water, 100/114 HHs are using tap water for domestic use, counting for 87.7%. 100% of HHs in Dong Tien ward use tap water for domestic use, mainly, the remaining commune and wards, HHs using tap water is only 79.4% in Dan Chu ward, 85.2% in Thong Nhat ward and 88.5% in Su Ngoi commune. HHs use well-water, water conveyed from mountain for domestic use count for 8.8% of total surveyed HHs. 4 HHs buy water for drinking. Due Diligent Review Report (DDR) 36 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Table 18. Main water sources for domestic use of HHs in survey Commune/ward Main sources of Dong Tien Su Ngoi Dan Chu Thong Nhat water for domestic Total ward commune ward ward use HH % HH % HH % HH % HH % Drilled well 0 0.0 0 0.0 3 8.8 4 14.8 7 6.1 Tap water 27 100 24 92.3 31 91.2 23 85.2 105 92.1 Water from mountain 0 0.0 2 7.7 0 0.0 0 0.0 2 1.8 Buying water 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 Total 27 100 26 100 34 100 27 100 114 100 Source: SES survey, September 2020 66. 100% of the surveyed HHs have access to the national power gridline and use electricity for the domestic use. However, only 7% of HHs use electricity for daily cooking. The main energy for daily cooking mainly comes from gas and oil, counting for 92.1% of total surveyed HHs, with 100% of HHs in Thong Nhat ward, and the lowest rate in Dan Chu ward (85.3%), and in the remaining 2 wards are at 92.3% and 92.6%. In the survey, only 1 HH uses coal/timber as energy for cooking, counting for 0.9%. Table 19. Energy used for cooking Electrical grid Gas/ oil Coal/ timber Total Ward/ Commune HH % HH % HH % HH % Dong Tien ward 2 7.4 25 92.6 0 0.0 27 100 Su Ngoi commune 2 7.7 24 92.3 0 0.0 26 100 Dan Chu ward 4 11.8 29 85.3 1 2.9 34 100 Thong Nhat ward 0 0.0 27 100.0 0 0.0 27 100 Total 8 7.0 105 92.1 1 0.9 114 100 Source: SES survey, September 2020 67. Responding to the question about evaluating the life condition of the household recently, most of HHs considered that their living conditions did not change, making up 74.6% of the interviewed HHs. Among HHs who considered that their living conditions did not change, up to 81.5% and 82.5% live in Dong Tien and Dan Chu wards, the remaining HHs are in Su Ngoi and Thong Nhat, with 65.4% and 66.7% respectively. HHs who considered their living conditions better counted for 8.8% compared with the total responding HHs. 15.4% of total surveyed HHs in Su Ngoi commune considered their life better than it used to be. However, among 27 respondents in Thong Nhat ward, up to 7 HHs (25.9%) thought that their living conditions became worse in the last 03 years. Up to 16.7% of surveyed HHs said their living conditions were worse, mainly attributed to the diseases and unexpected weather conditions happened recently: abnormal storms, weather, epidemic diseases, and especially the Covid-19 that has caused great adverse impacts on their production and daily activities of HHs. Table 20. AHs’ view about trend of the life in the last 03 years No change Better Worse Total Ward/ Commune HH % HH % HH % HH % Dong Tien ward 22 81.5 5 18.5 0 0.0 27 100 Su Ngoi commune 17 65.4 9 34.6 0 0.0 26 100 Dan Chu ward 28 82.4 6 17.6 0 0.0 34 100 Thong Nhat ward 18 66.7 9 33.3 0 0.0 27 100 Total 85 74.6 10 25.4 0 0.0 114 100 Source: SES survey, September 2020 68. More details of the social-economic conditions of the surveyed HHs are presented in the Social Assessment Report prepared for the proposed work item for improving the road Due Diligent Review Report (DDR) 37 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 surface of National Highway no.6, section from Km70+650 - Km78+300. 2.6. Overall assessment 69. Based on the results of working with stakeholders and studying documents and information provided during the DDR process, the DDR Consultant assessed the implementation of the land acquisition, resettlement compensation and support, and land clearance for the project repairing and improving the previous National Highway no. 6 in Hoa Binh town as follows: (i) Consultation and participation of the stakeholders: Complied with the prevailing regulations of Vietnam that had been in effective and valid when the land acquisition, resettlement compensation and assistance was carried out. AHs were informed about the project information, the policy on land acquisition, resettlement compensation and support, participated in DMS, checked, and commented on the plan on the compensation and support in compliance with the procedures and requirements regulated at that time. (ii) DMS and classification of AHs: The land acquisition, compensation, assistance, and resettlement were carried out in compliance with the prevailing regulations of Vietnam. AHs participated in the DMS process, were compensated and supported in accordance with the level and type of impacts of their affected assets. (iii) Compensation rate: The compensation rates for land and non-land assets were determined in accordance with the regulations of Vietnam. The compensation rate was based on the pricing frame promulgated by Hoa Binh PPC, surveyed, studied and calaculated by the Department of Finance– Pricing, with the participation of other relevant authorities, then submitted to Hoa Binh PPC for its approval reflecting the actual profitable capacity in the locality in Hoa Binh. (iv) Allowances/assistances: The allowances/ supports or assistances were complied with the prevailing regulations of Vietnam in effect and validity at the time when the land acquisition, compensation, assistance, and resettlement was carried out. The allowances/ supports or assistances were calculated in accordance with the level and type of assets affected as provided for: Life stabilization support, relocation support, job-change allowance, and other allowances. (v) Grievance Redress Mechanism: The grievance redress mechanism applied in the previous project was complied with the regulations on complaint and carried out in two ways: mediation and court. The mediation was prioritized and applied right from the grassroots, commune, district, and provincial levels, with a clearly described response time frame, and the procedures applied at each level. Court was the last source when mediation was failed. Due Diligent Review Report (DDR) 38 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 III. CONCLUSION AND RECOMMENDATIONS 3.1. Conclusion 70. During the DDR process, the Consultant has cooperated with the relevant parties to organize surveys and consult with AHs, the land acquisition, compensation and resettlement organization, Hoa Binh Land fund development center, and other relevant stakeholders. The results reveal that: (i) The land acquisition, compensation, assistance, and resettlement had been carried out in 2002 and completed in 2005 in accordance with the Land Law in 2003 and the Government Decrees: Decree no.22/1998/NÄ?-CP dated 24/4/1998, Decree 197/2004/ND-CP dated 03/12/2004 regulating the compensation when the land was acquired for the national security and defense, the national benefit and the public benefit, and the Decision no. 3037/QÄ?-GTVT dated 14/10/2003 of Ministry of Transport guiding the procedures and orders for the land acquisition and clearance for the construction of transport works, and other decisions of Hoa Binh PPC regulating the compensation rates at the compensation delivery. (ii) The land acquisition, compensation, assistance, and resettlement were carried out n 2002-2005 by the Hoa Binh land acquisition and compensation committee (Hoa Binh LFDC); all people who had involved in this activity now are retired or moved to other positions, etc. Presently, Hoa Binh LFDC manages the dossiers and documents related to the process but they are not sufficient because the documents had been transfered, handed over from different staff in charge since 2003 when it used to be the Land acquisition, compensation and assistance committee of Hoa Binh town, then it changed to the Land acquisition, compensation and assistance committee of Hoa Binh city, and now it becomes Hoa Binh LFDC which is recently merged with Ky Son district to Hoa Binh city. (iii) Reviewing the exiting documents collected indicated that the land acquisition, compensation, support, and resettlement was all carried out in compliance with the regulations that had been in valid by the entitlement delivery, namely the Decree no. 197/2004/NÄ?-CP dated 03/12/2004 of the Prime Minister, and Circular No. 116/2004/TT-BTC dated 07/12/2004 of the Ministry of Finance guiding the execution of the Decree no. 197/2004/ND-CP. (iv) The public meetings were carried out in the commune/ wards along the road and the consultation with the local authorities, in-depth interviews with CPC officers and CPC land management officers. All the people in the meetings and the consulted CPC officers confirmed that in the area that would be proposed for the coming project, the land had been acquired, AHs had been compensated and supported in the previous project, and presently, there is no pending issue and people do not have complaint or conflict. (v) Presently, the NH6 section is here and there degraded, the longitudinal and cross- section drainage ditches, and some drainage sluices are small so that water often runs over the road surface and causes local water logging, especially in the rainy season, when water pours down from hills, cause risks to slide the land, rocks and fill up water drains, flow on road surface and cause traffic conjunction, and highly risk for traffic safety. Therefore, the local people and authorities, in the public and consultation meetings, all recommended the Project should be carried out at the soonest in order to assure the safety of people when they are in transportation, and the projec would help improve the living conditions of the local people. (vi) The project area that is identified in the Project design that is proposed to be financed by the VRAMP project had been cleared 2005 and now is in the right-of-way of the Due Diligent Review Report (DDR) 39 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 NH6, defined by the road marks. In accordance with the project design, the proposed activities will not acquire land nor land clearance. 3.2. Recommendations 71. Though, in accordance with the project design, the proposed activities for improving the road surface of the NH6, section Km70+650 - Km78+300, will not acquire land nor land clearance. However, in order to comply with the project policy on the involuntary resettlement, when the project is implemented, any impact that may raise due to the land acquisition, or restriction of land, the followings are recommended: a. PMU3 is the agency who is assigned to implement the work item for improving the road surface of NH6, Km70+650 - Km78+300, will disclose the updated VRAMP’s Resettlement Policy Framework to the project localities. During the implementation of the project, if the project activity might affect the assets of the people, the VRAMP RPF should be trigged and complied with. b. PMU3 will estimate a contingency for implementing the land acquisition, resettlement compensation and support from the project fund, and any people who is adversely affected by the project during the project implementation will be compensated accordingly. Hoa Binh PPC will be responsible for allocating the fund and implementing the land acquisition, resettlement compensation and support. 3.3. Implementation schedule: 3.3.1. Implementation arrangement 72. The implementation of resettlement activities requires the involvement of agencies and organizations at the provincial, district and commune levels. The PPC will take general responsible for the implementation of the general policy framework and specific resettlement plan of the sub-project in the province. The DLFDC shall be established at district/province level according to the provisions of Decree 47/2014/CP, Decree no. 43/2014/NÄ?-CP. The provisions and policies of the VRAMP’s RPF will form the legal basis for the implementation of compensation and resettlement activities in improving the road surface of NH6, section Km70+650 - Km78+300. 73. The proposed arrangement for implementing the land acquisition, resettlement compensation, assistance for this activity is as below: At the Project level: (i) The Ministry of Transportation (MOT) is the project executing agency, has overall responsibility for the whole project, on behalf of the Vietnam to work with the Donor in the Project implementation process. (ii) The Directorate of Road of Vietnam is the project owner, takes the overall responsibility to organize the implementation, management, and coordination of all the project activities. (iii) PMU3 is assigned to take the responsibility to improve the road surface of NH6, section Km70+650 - Km78+300, including the land acquisition and resettlement, if any. PMU3 will be responsible for: - Cooperating with Hoa Binh PPC to conduct compensation and resettlement to assure compliance with VRAMP RPF and suit with construction progress. - Training and enhancing the capacity for Hoa Binh LFDC (if being assigned to do the land acquisition, resettlement compensation and support) on procedures for land acquisition, resettlement compensation and support in compliance with the VRAMP project policy. Due Diligent Review Report (DDR) 40 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 - Undertaking the internal monitoring and regularly reporting the resettlement implementation to the Directorate of Road of Vietnam and World Bank. At local level: (i) Hoa Binh PPC is responsible for overall implementation of the land acquisition, resettlement, compensation, and support carried out in Hoa Binh province. The PPC is responsible for: - Informing or authorizing DPC to announce about land acquisition when the project location is selected. - Issuing decision on land acquisition to landowners as organizations. - Approving overall plan on land acquisition. - Instructing Hoa Binh DPC to deliver the compensation, resettlement, and do the site clearance. (ii) Hoa Binh City People’ Committee (DPC) is responsible for: - Hoa Binh DPC directly instructs LFDC and CPCs to carry out the land acquisition, resettlement, and compensation. - Approving compensation plans submitted by LFDC. - Settling complaints and grievances of the APs within jurisdiction. (iii) Hoa Binh City Land-Fund Development Center (LFDC) shall take responsibility for implementation of compensation and site clearance for works located in their respective districts, including: - Undertaking replacement cost survey for land and market price survey for trees affected in the city. - Coordinating with commune/ward PCs to disseminate information and consult AHs. - Making DMS for AHs, preparing compensation plans to submit to the competent people’s committee for approval. - Coordinating with PMU3 and CPCs to make compensation payments and site clearance. - Handling complaints of AHs and advising Hoa Binh DPC to settle complaints of AHs. (iv) People’s Committees in communes/wards (CPCs): Su Ngoi, Dan Chu, Thong Nhat, and Dong Tien are responsible for: - Organizing to propagandize HHs about the project activities and policy on land acquisition, resettlement and compensation, and assigning staff to participate in DMS team to measure HHs’ assets affected. - Coordinating with LFDC to disseminate information and consult AHs and affected communities. - Handling complaints of AHs and advising DPC to settle complaints of AHs. - Facilitating and assisting AHs to recover their livelihoods, incomes and stabilize their life. 3.3.2. Public consultation, information dissemination 74. Public consultation and information dissemination to AHs and other stakeholders is an important activity in the project preparation and implementation. Consulting with AHs and assuring their proactive involvement in the project will reduce or mitigate potential risk such as reducing the potential conflicts and delaying the project progress, that responding to the need Due Diligent Review Report (DDR) 41 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 and priority of AHs, and therefore, maximizing the social-economic benefits of the investment. 75. The methods of the sub-project information and public consultation may include participatory rapid assessment and stakeholder’s consultation, using techniques of site and household visits, public meetings, group meetings and focus group discussions and the household socio-economic survey. During DDR process in September 2020, the Consultant carried out the public consultation meetings with the local communities to disseminate the project information and potential social and environmental impacts as well as the proposed mitigation measures during the VRAMP implementation, and also carried out a socioeconomic survey of HHs in the project area. The result is that the consulted people support the improvement of the road surface NH6, section Km70+650-Km78+300 running through Hoa Binh city. 76. Responsible agencies: During the project implementation, if any land is acquired or resettlement acquired due to the project activities, PMU3 would inform the AHs about the responsibilities of any organizations/agencies and local authorities related to the land acquisition, land clearance, resettlement compensation and support, the name, position, and tasks of local authorities who are involved in the land acquisition process. 77. Implementation process: AHs will be informed of the RP procedures, plans for land acquisition, resettlement compensation and support. PMU3 and LDFC and CPCs will do DMS of assets to be affected, preparing plan for compensation and support, and deliver the compensation and allowances to AHs in accordance with the VRAMP resettlement policy. After receiving the compensation or support for the affected assets under the project policy, AHs must immediately hand over the site according to regulations for the project to be implemented on schedule. 78. Information dissemination: The VRAMP project's updated PRF and the compensation and resettlement plan will be disseminated and publicized to AHs and affected communities in public places such as: PMU 3, Hoa Binh City People's Committee, CPCs, DPCs. 79. After the Resettlement Plan / compensation and resettlement plan approved by Hoa Binh PPC, it will be disseminated at PMU 3, Hoa Binh DPC, CPCs, and on the website of World Bank in Hanoi and Washington DC. 3.3.3. Community health and safety due to project activities and labor influx 80. During project implementation, the social issues, safety, and public health would arise from project activities and due to the influx of migrant workers from other places. These impacts include, but not limit to, the followings: - Risk to the public health and safety: HHs who live and do business along NH6 would be disturbed by noise, dust, vibration, and the accessibility to transport also would be interrupted/restricted. These impacts might affect daily activities of HHs such as the education and schooling of children, cooking, eating, relaxing, recreation, etc. Meanwhile, transport disturbance and risk to traffic safety might affect the travel habit of HHs; - Increased traffic volume on the route, emissions, dust and noise from construction activities would cause health and safety risks and even disrupt the daily operations of local communities; - Worker's language, behavior or lifestyle are not suitable with local culture / customs, especially if they drink alcohol, gamble, sexually harass or prostitution. - Potential dangers in the construction phase include accidents, fire, and explosion. Accidental hazards are typically associated with deep excavation areas, piles of materials and waste, operation of machinery and asphalt trucks, crane trucks, etc. Explosion hazards include the transport and storage of fuel, power lines or electricity Due Diligent Review Report (DDR) 42 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 consumption. 81. Therefore, PMU3 should take measures to encourage contractors to employ local workers who are capable to meet job requirements, especially for simple jobs. Request contractors to declare, register temporary residence with local authorities and work with relevant agencies: health care, local police, urban sanitation company, etc. to manage issues related to public sanitation and public health in case of epidemics spreading in the area; Prevention of social evils; Provide training on issues related to social security, social evils, epidemics, prostitution and drug use, environment, health, HIV/AIDS and infectious diseases for workers; Train migrant workers about local customs, traditions and habits in order to avoid conflicts with local people, especially when there are ethnic minorities living in the project area. 82. All contents related to public safety and health, occupational safety and health, labor and working conditions, etc. have been analyzed on the impact, level of impact and proposed mitigation measures in the Socio-Environmental Impact Assessment Report (ESIA) of the work item for improving the road surface of NH6 and included in the Management Plan. In the environmental management plan (EMP), it is envisaged mitigation activities, and the unit is responsible for, monitoring and evaluation. For more information, please refer to Report Socio- environmental impact assessment (ESIA) prepared for this work item. 3.3.4. Implementation monitoring and evaluation 83. The internal monitoring is the responsibility of PMU3 and the LFDC with assistance from the project's consultants. The internal monitoring aims at: - Making sure that the compensation paid to AHs according to type of loss and impact. - Making sure that resettlement activities are implemented in accordance with the approved VRAMP PRF. - Dissemination of information and consultation procedures. - Monitoring of complaint procedures, existing problems that require the manageable attention. - Prioritizing DPs on the proposed selections and needs, especially poor and vulnerable AHs; - Making sure that the transition between the location and land acquisition, commencement of construction is smooth, and the land is not handed over for construction until the AHs have been compensated, supported and resettled satisfactorily. 84. PMU3 will submit quarterly internal monitoring report to WB included in the overall project progress report. The internal monitoring report includes, but not limited to, the following information: - Number of AHs, types of impacts, the status of compensation, relocation and income recovery. - Disbursement to pay the compensation and support to AHs. - Grievance settlement and any pending complaint that need the management’s attention and actions. - Concerns and needs of severely AHs, poor and vulnerable AH group, and how to solve up these concerns and needs. 85. External monitoring: The main objectives of the external monitoring are to release regular external assessment and evaluation about (i) achievements of resettlement objectives, (ii) change in living standards and livelihoods; (iii) socio-economic recovery of AHs; (iv) Due Diligent Review Report (DDR) 43 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 effectiveness and sustainability of entitlements: and (v) necessity of mitigation measures as requested in the Project. 86. PMU3 will mobilize the Project external monitoring consultant to monitor and evaluate the implementation of the land acquisition, resettlement compensation and support (if any) under the work item in accordance with the approved monitoring procedures, methods and frequency of VRAMP project. 3.3.5. Grievance and redress mechanism 87. AHs have rights to complain about their entitlements for compensation, support, compensation rate, policy, land acquisition, resettlement, and others. AH’s complaint must be in writing. AHs will present their questions, complaints to CPC's competent agencies, being exempted from any charges or fees. 88. The 4-stepped grievance redress would be applied during the implementation of the item for improving the NH6 road surface, section Km70+650 - Km78+300 as below: Step 1: The questions, complaints of AHs related to the land acquisition, resettlement compensation and support would be sent to LDFC or CPCs where the project is, or to PMU3. PMU3 will coordinate with relevant agencies of Hoa Binh city to solve up these complaints or questions. The LDFC and/or CPC is responsible for solving up within 30 days from the date of the complaint or question of AHs is logged. For complicated cases, the settlement time may be longer but not more than 45 days from the date of receiving comments, questions, or complaints. Step 2: If the decision taken by the LDFC and/or CPC was not agreed by AHs, then AHs have rights to send their case to the DPC. The Deputy DPC is the Chairman of the land acquisition committee who is responsible for organizing to review and solve up complaints of AHs with the participation of relevant agencies and the Land acquisition committee. The duration for settlement of the Land acquisition committee is 45 days from the date of receipt of the complaint. For complicated cases, the settlement time may be longer but not more than 60 days from the date of receiving comments, questions, or complaints. In case of the complaint of AH is beyond the authority of the Land acquisition committee, the Committee will report to Hoa Binh city for solutions, meanwhile, reporting to AHs for their information. The Land acquisition committee is responsible for working with agencies under the Hoa Binh City's PC to settle complaints of AHs within 15 days. Upon the receipt of Hoa Binh city’s PC's opinions, CPCs will be responsible for informing the solutions to AHs. Step 3: If the decision of the City’s PC (the Land acquisition committee) is not agreed by AHs, the AHs have right to bring their case of Hoa Binh PPC. Hoa Binh PPC is responsible for instructing the Land acquisition committee and other competent agencies to solve up the case in 45 days from the date of PPC’s receipt of the complaint. The PPC is responsible for informing AHs of PPC's decision. Step 4: If the AHs do not agree with the PPC’s decision, the AHs may appeal the complaint to the Provincial People’s Council or to the court for hearing as provided for by laws. 89. In accordance with Law on Complaint in 2011, AHs might bring the case to the court at any time they wish. 90. If the AHs send their complaint to the City’s People’s Council, the City People’s Council will instruct DPC to settle the complaint. The time limit for complaint settlement is 45 days from the date of DPC's receipt of the complaint. While the complaint is being settled, including dispute settlement in court, the complainant must hand over the land to the project as Due Diligent Review Report (DDR) 44 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 scheduled. The compensation amount and allowances will be deposited in a commercial bank account. 3.3.6. Implementation plan 91. DDR implementation plan is presented in Table below Table 21. DDR implementation plan Implementation Key activities Responsible agencies schedule: Preparation phrase Preparing DDR report Safeguard policies consultant Quarter IV/2020 Submit DDR to WB for approval PMU3 Quarter IV/2020 - WB; Post on website of WB, Vietnam - Viet Nam Directorate of Directorate of Road, e-portal of Quarter IV/2020 Road/PMU3; Hoa Binh province - Hoa Binh PPC Implementation of corrective activities in DDR Public consultation and information Quarter III/2021 PMU3/ Hoa Binh City PC/ dissemination, information of Contractor construction commencement PMU3/PDOT/Hoa Binh City PC/ Quarter III/2021 Hand-over the site for construction Contractor Internal monitoring, monthly and LFDC/ District Land acquisition Quarter III/2021 quarterly report committee, and CPCs Social safeguard monitoring External monitoring consultant Quarter III/2021 3.3.7. Implementation budget 92. The budget and funding source for DDR implementation is allocated from IDA proceedings for social safeguard monitoring activities. During the construction process, if any land acquisition, resettlement compensation, support and land clearance is acquired, Hoa Binh PPC will alloate the fund and be responsible for undertakeing the VRAMP involuntary resettlement policy for land acquisition, resettlement, compensation, and support in accordance with the progress schedule in line with the loan agreement schedule. Due Diligent Review Report (DDR) 45 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 APPENDICES Appendix 1: List of consulted agencies, local authorities Date of No. Full name Position consultation I Hoa Binh City PC 1 Nguyen Quang Tuan Director of LFDC 9/29/2020 2 Manager of Urban 9/29/2020 Nguyen Viet Hung Management Div. 3 Deputy Manager of Natural 9/29/2020 Ly Binh Thanh Resources and Environment Su Ngoi commune Hoa Binh city, Hoa II Binh province 1 Secretary of Party’s 9/28/2020 Nguyen Thi Kim Dinh Committee 2 Doan Thi Huong Vice chairman of CPC 9/28/2020 3 Nguyen Thi Thu Trang President of Frontland 9/28/2020 4 Chairman of Farmer’s 9/28/2020 Hoang Van Luong Association 5 Chairman of Women’s 9/28/2020 Nguyen Thi Noi Union 6 Duong Phuong Nga Cadastral officer 9/28/2020 7 Ha Thanh Hai Cadastral officer 9/28/2020 III Dong Tien ward Hoa Binh city, Hoa Binh province 1 Le Van Thanh CPC Chairman 9/28/2020 2 Secretary of Party’s 9/28/2020 - Do Thi Giang Committee 3 Nguyen Tien Quy Vice chairman of CPC 9/28/2020 4 Dang Thi Hong Yen President of Frontland 9/28/2020 5 Chairman of Farmer’s 9/28/2020 Bui Thi Bich Hong Association 6 Tran Hieu Cadastral officer 9/28/2020 7 Chairman of Women’s 9/28/2020 Nguyen Thi Xuan Union IV Dan Chu ward Hoa Binh city, Hoa Binh province 1 Secretary of Party’s 9/29/2020 Nguyen Manh Hung Committee 2 Vice chairman of CP 9/29/2020 Hoang Manh Cuong Council 3 Dang Van Cuong Vice chairman of CPC 9/29/2020 4 Nguyen Thi Kim Thoa President of Frontland 9/29/2020 5 Chairman of Farmer’s 9/29/2020 Bui Thi Nhung Association 6 Chairman of Veterans 9/29/2020 Nguyen Van Thuc Association 7 Chairman of Women’s 9/29/2020 Pham Thi Thanh Huyen Union 8 Nguyen Van Tho Cadastral officer 9/29/2020 Thong Nhat ward Hoa Binh city, Hoa V Binh province 1 Secretary of Party’s 9/29/2020 Nguyen Thi Sang Committee 2 Bui The Dung CPC Chairman 9/29/2020 3 Vice chairman of CP 9/29/2020 Nguyen Thi Hoa Council 4 Bui Hong Quang Vice chairman of CPC 9/29/2020 Due Diligent Review Report (DDR) 46 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Date of No. Full name Position consultation 5 Le Anh Thep Vice chairman of CPC 9/29/2020 6 Trinh Duc Thuan Cadastral officer 9/29/2020 7 Nguyen Thi Dung Cadastral officer 9/29/2020 Due Diligent Review Report (DDR) 47 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Appendix 2: Records of Payments for the AHs 01. Decision on Land acquisition. Due Diligent Review Report (DDR) 48 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 49 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 02. DMS record and self-declare of assets to be affected by AH Due Diligent Review Report (DDR) 50 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 51 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 52 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 53 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 54 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 55 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 03. Decision approving the cost estimate for land acquisition, compensation and allowances (supports) Due Diligent Review Report (DDR) 56 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 57 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 58 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 04. List of compensation and allowance paid to AHs Due Diligent Review Report (DDR) 59 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 60 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Due Diligent Review Report (DDR) 61 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Appendix 3: Some pictures of consultations during preparation of DDR Working with Hoa Binh DOT and other Working with Hoa Binh City’s DONRE. authorities 1. Public consultations in Thong Nhat ward Hoa Binh city Consultation with leadership of Thong Nhat ward, Receiving HHs to public consultation meeting Hoa Binh city Mr. Bui The Dung - presented for CPC to open Public consultation at CPC’s meeting room the meeting Due Diligent Review Report (DDR) 62 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 HHs contributing opinions in meeting 2. Public consultation at Dan Chu ward Hoa Binh city Consultation with leadership of Dan Chu ward Public consultation at CPC’s meeting room ward, Hoa Binh City Dan Chu ward Environmental Consultant presenting at public Social safeguard Consultant presenting at consultation meeting public consultation meeting Due Diligent Review Report (DDR) 63 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 HHs contributing opinions in meeting HHs contributing opinions in meeting 3. Public consultation at Su Ngoi CPC’s meeting room Hoa Binh city Consultation with leadership of Su Ngoi Su Ngoi CPC leader opening the meeting commune ward ward, Hoa Binh City Public consultation at So Ngoi CPC’s meeting Environmental Consultant presenting at public room consultation meeting Due Diligent Review Report (DDR) 64 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Social safeguard Consultant presenting at public HHs contributing opinions at public consultation meeting consultation meeting HHs contributing opinions in meeting HHs contributing opinions in meeting 4. Public consultation meeting at Dong Tien ward, Hoa Binh city Consultation with leadership of Dong Tien ward Dong Tien CPC leader opening the meeting ward, Hoa Binh City Hoa Binh city Due Diligent Review Report (DDR) 65 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Public consultation at Dong Tien CPC’s meeting Environmental Consultant presenting at public room consultation meeting Social safeguard Consultant presenting at public HHs contributing opinions at public consultation meeting consultation meeting HHs contributing opinions in meeting HHs contributing opinions in meeting Due Diligent Review Report (DDR) 66 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Appendix 4: Project Information Booklet (PIB) DIRECTORIATE OF ROAD MANAGEMENT PROJECT MANAGEMENT UNIT No.3 Public Information Dissemination Viet Nam Road Asset Management Project (VRAMP) Project Overview The “Vietnam Road Asset Management Projectâ€? (VRAMP) has a total investment of 301.7 million USD (comprising of the IDA credit by WB: 250 million USD, the grant provided by the Australian Department of Foreign Affairs and Trade (DFAT): 1.7 million USD, and the GOV counterpart fund: 50 million USD. The Project was approved by the Prime Minister in the Decision no. 1291/TTg-QHQT dated 28/8/2012 and the Ministry of Transport (MOT) approved for the investment in Decision no. 3068/QÄ?-BGTVT of 4/10/2013. The IDA fund provided by WB via the Credit no. 5331-VN and the DFAT grand was financed in the Grant Agreement TF015733 signed on 14/1/2014 by the Government of Vietnam and WB. The Project implementation is in 2014 to 31/12/2020. The Project objectives are to develop the economy and society of the key economic zone in the north, reduce transportation cost, and minimize traffic congestion and traveling accidents on the national roads. The project also establishes rationales, methods for maintenance, upgrading and management of road assets scientifically, effectively. The main outcomes of the project include: - Research, develop an assets road management system for the Vietnam road network; improve legal system on Output- and performance -based Road management and maintenance contract (PBC); - Road asset preservation supports a means of enhancing an effective maintenance method through performance-based contracts (PBCs) in addition to the traditional road asset preservation requirements for some key national highways connecting key economic zones in the Northern and Central Regions: NH2, NH4, NH48 - Road asset improvement finances to improve some key sections of the national highways connecting the key economic zones in the Northern region, including NH38B, NH38, and NH39; - Institutional strengthening program supports to improve the management, transparency monitoring of the road maintenance fund, capacity building for the road management sector Based on the performance undertaken in VRAMP project and the savings identified in VRAMP project so far, Ministry of Transport has requested and obtained the consensus from the WB to further invest in certain road sections related in VRAMP that aims at bringing more economic and social benefits. Thus, the MOT suggested the Project to be financed by the credit savings in VRAMP, and the road sections proposed for WB investment are as below: Due Diligent Review Report (DDR) 67 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 - Construction of Son La Bypass Road (NH6 section Km289+950– Km308+820): NH6 is the backbone, strategic transportation route that connects Ha Noi capital city with the North-western provinces (Hoa Binh, Dien Bien, Son La, and Lai Chau) that has been upgraded, repaired by MOT in various projects. Proposed for the VRAMP project, the NH6 will be maintained the section Km78-Km193 and PBC maintained in section Km193-Km303; The Project savings is financed the improvement of Son La bypass with a total length of 19.5km. Starting point: Km289+950 of the new route of NH6 or (Km306+500 of old route of NH6, Mai Son T-junction). Ending point: Km 308+820 connecting to the local Son La pass in Hom village, Chieng Co commune Son La city (Km326+375 - NH6 route). The road is designed with Road category in mountainous area, grade III, design speed: 60km/h (TCVN 4054:2005). Details are as below: Carriage way: 2x3.0m =6.0m Roadsides: 2x1.0m =1.0m Grass-grow sides 2x0.5m =1 m Total 9.0m The Section through Chieng Sinh ward (Km289+950-Km292+200) is designed in accordance with Road standard, grade III, in the delta, TCVN 4054:2005); width of pavement = 12m. Details are: Carriage way: 2x3.5m =7.0m Roadsides: 2 x 2.5m =5.0 m Strengthnened side 2x2.0m =4 m Total 12.0m - Improving the NH6 road surface in section Km70+650-Km78+300, and rehabilitating the T-junction at both ends of the route: o Upgade and widen the road section to meet the standard of road category 3 in mountainous area (TCVN 4054-2005) o Study area: + Starting point: Km70+650 in Hoa Binh city, Hoa Binh province + Ending point: Km78+300 in Hoa Binh city, Hoa Binh province o Design speed: Vtk=60km/h o Scope of cross- section + Width of road-pavement: Bpavement = 9.0m + Width of carriage way: 2x3m=6.0m + Strengthened side: 2x1.0m= 2.0m + Earthside: 2x0.5m=1.0m In the road section, the following work items will be carried out: + Widening and improving 8km of road. + Supplementing 01 collection hole at upstream of box-sluice: 3x3m + Replacing pipe sluice D100 with box-sluice: 2x2m + Supplementing 2142m Reinforced concrete ditches. Due Diligent Review Report (DDR) 68 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 Question 1: What types of impacts and outputs will Vietnam Road Asset Management Project cause to the local people ? Answer: Positive impacts: The population in the project areas will benefit variously, including more extensive access to a complete and rationale transport system, meanwhile facilitating project people to develop its economy and society. Adverse impacts: It needs to acquire some land for the construction of the work items, such as: Widening the route, upgrading and repairing bridges, water drainage, roadsides, walk- sides. Relevant stakeholders have studied duly in the design phase to minimize adverse impacts caused by land acquisition to households and communities. It is required to acquire land and non-land assets to do the project. However, AHs will be compensated fully for their affected land, houses, structures, crops and/or trees and be provided assistances for the restoration of their living standards Details are included in a Resettlement Plan which will be available at your commune office. Question 2: What is the main objective of resettlement plan? Answer: The main objective of the Resettlement Plan is to improve or at least to restore the pre-project living standards of all AHs. Question 3: What will happen if my land is affected by the project? Answer: (i) the land-for-land option is prioritized for the land acquired or cash compensation at replacement cost equivalent to current market price is there is no land available in the locality. (ii) No compensation for rent land, but full replacement cost for investment on land acquired. Question 4: Do we need legal papers of land for being entitled to the compensation? Answer: Lack of formal legal rights of land does not prevent any APs from receiving compensation, allowances and rehabilitation assistance. Land owners with land use right certificates (LURCs) or in the process of acquiring LURC as provided for by the Government will be compensated for affected land and other assets on land. Land users who have no formal legal rights nor recognized claims to such land will be compensated for assets on land only. Question 5: Are affected houses and structures compensated? Answer: Yes. All affected houses and other structures as well as other fixed assets such as well, breeding facilities, fences, etc. are compensated at replacement cost without depreciation nor deduction for salvageable materials for the affected portion. This will ensure that the APs are able to reconstruct houses/structures with better quality or at least with equivalent quality of the pre-project houses/structures. Question 6: What about affected crops and trees? Answer: (i) Affected crops, trees on permanently acquired land will be compensated with market value of the crops at the time of compensation; (ii) Compensation for crops, trees on temporary affected land: Due Diligent Review Report (DDR) 69 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 - Annual crops will be based on the average production in the past 3 years for the temporary acquisition duration; - Compensation for trees equivalent to current market value . Question 7: Besides the compensation, are there any assistances provided by the project? Answer: In addition to compensation for loss of land and other assets according to the project entitlements, the Project will provide rehabilitation assistance to eligible APs to improve or at least to restore the pre-project living standards of all AHs. Types of assistance for eligible APs include: • Severely affected households: Households who lose more than 20% (or 10% for vulnerable group) of their total productive landholdings (or 10% for vulnerable group) will receive an rehabilitation package consisting of (i) a transition subsistence allowance equivalent (ii) income restoration assistance such as agricultural extension assistance to intensify use of remaining land, access to existing credit programs or project-related employment. • Relocated HHs: Households who must relocate will receive: (i) transport assistance, (ii) a transition subsistence allowance, (iii) house rent assistance based on market price. The assistance rates are given in details in project entitlements. • Business owners who lose income in the transition period: Households with small, unregistered businesses will be provided cash assistance equal to the provincial minimum salary for 3 months. Owners of registered businesses will be provided cash assistance equivalent to 30% of after tax income in one year. The after-tax income is based on average income in the last 3 consecutive years as certified by the tax department of the province. • Employees and hired labors who lose their jobs: will be provided with cash compensation for monthly salary/wages for lost period in case of temporarily affected; or cash compensation equivalent to the provincial minimum wage for six months or cash compensation for remaining contract period whichever is higher in case of permanently affected. • Assistance for job change: For registered or non-registered businesses on their affected residential land, APs at labor age will be provided free training courses at a local vocational training centre which are suitable for local conditions and capacities of APs Question 8: Are all of local people entitled to lodgement of complaints about compensation? Answer: No Entitled APs are those who will lose land or property based on the detailed measurement survey (DMS) that will be conducted following completion of the final designs for the project. Affected communes and local competent agencies will be informed of the cut- off date of the project. Question 9: How will APs be consulted and disseminated information about the project? Answer: Public consultation meetings are organized at the commune to ensure that APs are provided fully information about the project. APs will be disseminated information about the project components, impacts, their entitlements, grievance redress mechanism, rights of participation and consultation about resettlement activities. APs will participate in the RP Due Diligent Review Report (DDR) 70 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 preparation and implementation and will be consulted about following issues: (a) participation in the RP preparation as their interests; (b) consultation about vocational training which is suitable for their capacities, (c) participation in other activities of the project if they are qualified. Question 10: As a resident in the project area, how can I help? Answer: We would like you to participate in all consultation meetings and other activities involving to the project in order to ensure that you are fully informed and consulted. Your participation during the detailed measurement survey (DMS) and the implementation will help us determine measures to mitigate impacts, to detect outstanding issues and potential problems and then to identify immediate resolution of these problems. Question 11: How will you know if the objectives of this project are met? Answer: PMU3 will carry out internal monitoring on all project activities. In addition, PMU3 will engage an independent monitoring agency to conduct external monitoring on resettlement activities during the project implementation every 6 months, and submit report to PMU3 and WB on resettlement implementation progress. A post- resettlement impact evaluation will be studied to assess whether adverse impacts have been mitigated adequately and the pre-project living standards of APs have been restored or not. Question 12: If there are any disagreements or problems about land acquisition or compensation, are APs entitled to lodgment of their complaints? Answer: Yes, APs are entitled to lodgment of their complaints as grievance redress procedures of the project. Every complaint, query of APs about land acquisition, compensation, resettlement and implementation will be resolved according to project policies and in time and you do not have to pay any fees for the complaint resolution. Due Diligent Review Report (DDR) 71 Viet Nam Road Asset Management Project (VRAMP) Work item: Improving National Highway No.6, Section Km70+650 – Km78+300 The grievance redress mechanism applied in this project is presented below: Step 1: An aggrieved DP may bring his/her complaint to any member of the CPC, in writing or verbally. It is incumbent upon said member of CPC to notify the At CPC about the complaint. The CPC will meet personally with the aggrieved Commune DP and will have 15 days following the lodging of the complaint to resolve it. People’s The CPC secretariat is responsible for documenting and keeping file of all Committee complaints awaiting at the CPC for settlement. (CPC) Step 2: If after 15 days the aggrieved DP does not hear from the CPC, or if the CPC gives its solutions, but DP is not satisfied with the decision taken on his/her At District complaint, the DP may bring the case, either in writing or verbally, to any People’s member of DPC or District Compensation and Site Clearance Committee. The Committee District Compensation and Site Clearance Committee in turn will have 30 days (DPC) to resolve the case, and they are responsible for documenting and keeping file of all complaints that it handles. Step 3: If after 30 days the aggrieved DP does not hear from the District Compensation and Site Clearance Committee, or if the DP is not satisfied with the At decision taken on his/her complaint, the DP may bring the case, either in Provincial writing or verbally, to any member of the PPC. The PPC has 45 days within People’s which to resolve the complaint to the satisfaction of all concerned and is also Committee responsible for documenting and keeping file of all complaints that it handles. (PPC) Step 4: If after 45 days following the lodging of the complaint with the PPC, the aggrieved DP does not hear from the PPC, or if he/she is not satisfied with the District decision taken on his/her complaint, the case may be brought to a court. The People’s judgment of the Court is the final and binding all the parties. Court Contact address: For further information and suggestions, please contact the Province Compensation, Assistance and Resettlement Management Board, District Compensation, Assistance and Resettlement Boards or Commune People’s Committee where you are living. Or VRAMP Project Management Unit No.3 Address: Resident Group 23, Linh Nam ward Hoang Mai district Hanoi Tel: 024-3643.3939 Fax: 024 – -3643.6572 Due Diligent Review Report (DDR) 72