VIE: GMS Southern Coastal Corridor Project€¦ · The Southern Coastal Corridor Project (the...
Transcript of VIE: GMS Southern Coastal Corridor Project€¦ · The Southern Coastal Corridor Project (the...
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Social Monitoring Report
1st Semi-Annual Report
July 2018
VIE: GMS Southern Coastal Corridor Project
Prepared by Cuu Long Corporation for Investment, Development and Project Management of
Infrastructure (CIPM) for the Asian Development Bank.
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This social monitoring report is a document of the borrower. The views expressed herein do not
necessarily represent those of ADB's Board of Directors, Management, or staff, and may be
preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any designation of
or reference to a particular territory or geographic area in this document, the Asian Development Bank
does not intend to make any judgments as to the legal or other status of any territory or area.
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Loan 2372-VIE/Grant 0095-VIE and Additional Loan 2988-VIE/Grant 0337-VIE: GMS
Southern Coastal Corridor Project
INTERNAL MONITORING REPORT
Second Quarterly 2018
I. Introduction:
1. The Southern Coastal Corridor Project (the Project) comprised originally (i) rehabilitation and
construction of 96.1 km of national highways from Ca Mau to Rach Gia (the first stage of the Project)
and (ii) implementation of HIV/AIDS and human trafficking awareness and prevention program. Loan
2372-VIE and Grant 0095-VIE finance civil works and consulting services for 43.0 km of the project
road and HIV/AIDS program, and KEXIM finances $120 million for civil works and consulting services
for 53.1 km of the project road.
2. An additional loan of $26.0 million from ADB Special Funds resources (Loan 2988-VIE) and
additional grant of $12.0 million from DFAT (Grant 0337-VIE) were approved on 11 February 2013 to
finance (i) enhanced soft ground treatment measures, (ii) cost overrun in (a) land acquisition and
resettlement (LAR) and (b) general price escalation, and (iii) detailed design and implementation
support (DDIS) for an ensuing project for construction of a 102 km road section from Rach Gia to Ha
Tien (the second stage of the Project).
3. The highway traverses 3 wards, 18 communes, 4 towns, 5 districts and 1 city in Ca Mau and Kien
Giang provinces. The scope of the Project includes the construction of 2 lanes (i.e., 1 lane each way)
for the whole Project road and several bridges over waterways and canals.
4. Major objectives of the Project are to promote economic activities and facilitate trade between
Cambodia, Thailand, and Viet Nam and to improve the prospects for poverty reduction along the
Southern Economic Corridor. The Project will contribute towards economic diversification and
development along the Southern Coastal Corridor (a 924 kilometer road along the Gulf of Thailand from
Bangkok through Thailand, Cambodia and ending at Nam Can in southern Viet Nam) by reducing
transport costs and improving access for the movement of goods and people between GMS countries,
specifically Cambodia, Thailand and Viet Nam. The Project will (i) reduce transport times and costs and
induce more efficient movement of passengers and goods between GMS countries and within the
Project affected provinces, and (ii) provide improved road connectivity between rural areas and
provincial centers.
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II. Land Acquisition and Resettlement
5. Based on the final engineering design of the road, the detailed measurement survey (DMS) of
losses was conducted in 2011-2012. The total of affected households - according to the DMS results
was 2,622. The resettlement plans for the road sections were updated and submitted to ADB for review
and approval.
Table 1: Submission and Approval of Updated Resettlement Plans (URPs)
Road Section URP Dates of URP submission
by CL CIPM
Date of URP approval
by ADB
Total No. of AHs (HH)
Minh Luong- Thu Bay March 2012 20 March 2012 717 Thu Bay - Nga Bac June 2010 11 July 2010 612 Nga Bac - Ca Mau March 2011 21 February 2011 880 Xa Xia - Ha Tien March 2013 21 April 2012 413
Total of Affected Households 2622
6. However, during the construction activities, due to the divisions of the affected households to
more than one household (e.g., one household divided into one or two households) or some minor
changes of the road design, the number of affected households was changed. The final number of
affected households by the Project is 2,685 (63 HHs increased) including 1,754 households in Kien
Giang province and 931 households in Ca Mau province.
Table 2: Final Number of the Affected Households by the Project
Provinces Districts Affected Households Total No. of HHs who lost from 10% of
total production land holding (HH) No. of relocation households (HH)
No. of vulnerable households (HH)
Kien Giang
Xa Xia – Ha Tien 428 560
135
375 Minh luong – Thu Bay 723
Thu Bay – Nga Bac 603 Ca Mau Nga Bac – Ca Mau 931 364 85 232
Total 2685 924 220 607
7. The acquired land areas are 1,252,966 m2 of Kien Giang province and 1,444,278 m2 of Ca Mau
Provinces. Of the total affected land, 35,7% (963,363.3 m2) is agricultural land and 1.7% (47,067.12 m2)
is residential land. Numbers of households who had only agricultural land and residential land affected
are 446 households and 577 households, respectively. There are 1,662 households who have both
residential land and agricultural land affected.
8. Among 607 vulnerable affected households, 239 households is female headed households, 363
was poor households, and 5 households headed by disable/child. There are 1,144 severely affected
households, of which 924 households who lost from more than 10% of total production landholding of
the household and 220 relocation households.
9. There is no ethnic minority reside in the project area. The Project (Loan 2372 and Loan 2988)
is categorized as Category A for Involuntary Resettlement as per the ADB's SPS, 2009. Originally, the
Project was categorized as Category B for Indigenous Peoples because there are Hoa (Chinese people)
in Ha Tien district (Kien Giang Province). However, according to the Government's Regulation on Ethnic
Minorities in Vietnam and ADB's definition on Indigenous Peoples, the Hoa is no-long considered as
ethnic minority as they are totally well integrated in the society and there is no difference of the Hoa and
the Kinh (the majority ethnic) in all aspects.
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III. Progress of Land Acquisition and Resettlement to 30 June 2018
3.1. Compensation and Assistance
10. Among the total of 2,685 affected households, 2,680 households were paid the compensation
and assistance as of 30 June 2018, accounting for 99.81%. The remaining households include five (05)
households (An Minh District, Kien Giang province) who are with internal disputes on the affected land
and the cases are being settled by the district court (the affected land was handed-over by the
households in 2011 and the compensation and assistance amounts were deposited in the Provincial
Treasury); and nine (09) households (Thoi Binh District, Ca Mau province) who were partially received
the assistance amount due to lack of resettlement budget. The status of compensation and assistance
payment is described in the Table 3 below.
Table 3: Status of Compensation and Assistance Payment
Provinces Districts No. of
AHs
Compensation and Assistance Payment
No. of AHs who were
fully received
compensation and
assistance payment
No. of AH who were
not received
compensation and
assistance payment
No. of AH who were not
fully received
assistance payment
Kien Giang Ha Tien 428 428 0 0
An Bien 624 624 0 0
Chau Thanh 99 94 5 0
An Minh 603 607 0 0
Ca Mau Thoi Binh 931 922 0 9
11. The remaining five households (An Minh District, Kien Giang province) who are with internal
disputes on the affected land, CL CIPM is following up with the district court on the court decisions.
Once the decisions are made by the court for the cases, CL CIPM will coordinate with the District
Board for Compensation and Site Clearance to make compensation for the households following the
decisions of the court.
12. With regarding to the nine households in Ca Mau province who have not yet been paid for the
assistance, one one-hand, CL CIPM is discussing with the Provincial People Committee of Ca Mau
Province (PPC) on the possibility of advancing the amount by the PPC to make payment for the
households first then CL CIPM will pay back to the PPC once the Withdrawal Applications 7,8,9 have
been approved by ADB; on the other hand, CL CIPM is working with the MOT, MOF and ADB for the
Withdrawal Applications get approval soon.
13. To end of June 2018, compensation budget disbursed by CL CIPM to the provinces (through the
Provincial Department of Transport - PDOT) is as below
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Table 4: Resettlement Budget Disbursement and Liquidation
Provinces Road
Sections
Compensation and Assistance
Total Amount Needed (VND)
Total Amount Transferred to PDOTs (VND)
Total Amount that Needs to
be Transferred to PDOTs
(VND)
Unused Amount by
PDOT (VND)
Notes
Kien Giang
Xa Xia - Ha Tien & Thu Bay - Nga Bac
187,180,808,787 184,286,827,177 2.893.981.610
Minh Luong - Thu Bay
109,487,692,638 110,376,401,462 1.200.000.000 2,387,000,000
Although the unused amount is VND 2,387 billion of this Minh Luong – Thu Bay road section, the amount cannot be used to pay for the items of other road sections because, according to the Laws of Budget Management - this budget amount was in 2016 Budget Year Plan. Unused amount has to be paid back to the Government but cannot be used for the items that have been planned in the Budget Year 2018.
Ca Mau Nga Bac - Ca Mau
336,772,757,000 334,400,000,000 2,372,757,000
Total 623,310,625,994 618,040,824,639 6.465.757.000 2,387,000,000
14. Affected land was fully handed over to the Project in December 7th 2013 by Kien Giang and Ca
Mau provinces
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3.2. Relocation
15. Of 2,685 affected households, 220 households had to relocate, accounting for 8.19%. Most of these
households (150 households representing 68.18%) opted for receiving the allowance and self-
relocating. The remaining households (70 households) chose to resettle at the resettlement site (RS)
of the Project.
Table 5: Number of households who have to relocate by Road Sections
Provinces Districts Number
of AHs
Number of
AHs who
have to
relocate
Of which
Number of AHs
who relocate at the
resettlement sites
Number of
AHs who
self-relocate
Kien Giang
Xa Xia -Ha Tien 429 39 0 39
Minh Luong – Thu Bay 752 44 3 41
Thu Bay – Nga Bac 612 52 0 52
Ca Mau Nga Bac – Ca Mau 880 85 15 70
Total 2673 220 18 202
16. All of these households were allocated the land plot at the RS with the Land Use Rights
Certificate. The RS of the Project in Kien Giang and Ca Mau provinces were developed with full basic
infrastructure such as internal road, water for daily and domestic activities, electricity; and drainage
system. The number of households who have to relocate disaggregated by districts is shown in the
below Table 6. It is noted that the RS prepared in Ca Mau province with full basic infrastructure but no
affected households has constructed new house in. The reasons are: (i) they have another land plot to
re-build their affected house; (ii) they find a place that is more suitable for their business operation; and
(iii) they reserve the plot for their son/daughter.
Table 6: Number of households who have to relocate by Districts and Province
Provinces Districts
Numbe
r of
AHs
Number of AHs who
have to relocate
Of which
Number of AHs who
relocate at the resettlement
sites
Number of AHs who
self-relocate
Kien
Giang
Ha Tien 428 39 0 39
An Bien 624 41 0 41
Chau Thanh 99 3 3 0
An Minh 603 52 52 0
Ca Mau Thoi Binh 931 85 15 70
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3.3. Income Restoration
17. IRP in Kien Giang Province (IRP Road Sections). Total number of registered households for
IRP Road Section in Kien Giang province is 895 including 165 households participated in the
demonstration stage and 730 households took part in the full-implementation stage. IRP inputs
(materials for agricultural extension and tools for non-agricultural business development) were provided
to all IRP participating households. Trainings for the households were organized by the technical
agencies (Agricultural Extension, Fishery, Occupational Centers, etc.), and service providers. The
training participants were provided the documents to use in IRP implementation. However,
refresher/following-up trainings have not yet been carried out as in the agreed IRPs due to the lack of
funds.
18. IRP in Kien Giang Province (Tac Cau-Xeo Ro Ferry). Total number of households who
registered for the Tac Cau – Xeo Ro Ferry IRP in Kien Giang province is 512. The IRP inputs were
provided to 332 households in February 2017, accounting for 63.87%. The remaining households (180
households) have not yet been provided any inputs and trainings due to the unavailability of fund.
19. IRP in Ca Mau Province. Total number of registered households for IRP Ca Mau Province is
725. The IRP inputs were provided to all the households in March 2017. However, there are eight (08)
households where the provided piglets by the IRP during demonstration phase died because of the
diseases and they have not yet been re-provided with the input. In addition, due to the unavailability of
fund, trainings have not yet been organized as required in the agreed IRP to the participating
households.
20. The VAT issue: As the inputs for IRP participating households (IRP for affected households
by Xeo Ro Ferry closure) were deducted by 10% to pay for the VAT, CL CIPM discussed with Kien
Giang Province IRP Steering Board in May 2018 and agreed that this amount must be provided back
to the households. The amount has been included in the budget that Kien Giang Province advanced
to the Provincial IRP Steering Board in September, 2018 to complete the IRP. So, the inputs for IRP
participating households that were deducted now is being made to the IRP participating households.
21. The IRP budget disbursement and Liquidation to end of June 2018 is as below:
Table 7: Budget for IRP Implementation
IRPs Required Budget
(VND)
Transferred
Amount (VND)
Required Budget to
Complete the IRPs
(VND)
IRP Kien Giang Road Sections 13,047,592,686 10,074,681,992 2,972,910,694
IRP Kien GiangTac Cau - Xeo
Ro Ferry 5,786,714,603 3,120,318,008 2,666,396,595
IRP Ca Mau Province 11,251,834,072 9,630,213,551 1,621,620,521
Total 30,086,141,361 22,825,213,551 7,260,927,810
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3.4. Grievance Redress Mechanism
22. Regarding to land acquisition and resettlement, there is one outstanding grievance of the
household (Household Tran Van Nam in Thoi Binh District, Ca Mau province) to the construction
contractor. Due to construction activities, an area of land of the household was affected. The
household and the construction contractor could not reach an agreement on the compensation
amount for the affected land area. The household agreed for the construction activities to continue but
lodged his complaint to the district court. It is expected that the case would be settled in December,
2018.
23. With the IRP, the eligible households to IRP Kien Giang province (Tac Cau- Xeo Ro Ferry)
who have not yet been provided IRP assistance are sending complaint letters to various local
government agencies (District People's Committees, Kien Giang Provincial People's Committee, Kien
Provincial People's Council, Kien Giang Provincial DOLISA, and Kien Giang Provincial Delegation to
the National Assembly) requesting the IRP to be implemented for them. The households also sent
their representatives to directly meet with the concerned agencies to express their strong request for
the IRP to be implemented.
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IV. Compliance with the Loan Covenants
24. In term of resettlement planning, the project is in compliance with the Loan Covenants.
Resettlement Plans were prepared and updated reflecting the principles and requirements of the
Government's policies and ADB's SPS (2009). Compensation, assistance, land acquisition and
relocation were only commenced after the updated resettlement plans for the road sections had been
accepted by ADB.
25. Compensation for affected land and assets was made by replacement cost. Qualified and
independent replacement cost appraiser was engaged by the provinces to conduct the replacement
cost survey. All assistance and allowances as indicated in the updated resettlement plans were
provided to the affected households, except nine households in Ca Mau province (due to the lack of
budget).
26. Income Restoration Program was prepared and is being implemented to the severely affected
households and vulnerable affected households.
27. The grievance redress mechanism was established in consultation with affected households,
communities and local authorities and it works effectively.
28. However, two partly compliant issues of the Project on land acquisition and resettlement
include (i) the shortage of the budget to complete the assistance to nine households and to complete
the IRP for the severely affected households and vulnerable affected households in Kien Giang
Province. CL CIPM is working with relevant agencies, including ADB to bring the Project backs to full
compliance.
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V. Action Plan to Solve the Outstanding Issue
29. Below is the action plan to solve the outstanding issues regarding to land acquisition and
resettlement of the Project. The action plan has been discussed and agreed with Ca Mau and Kien
Giang PPCs and the Provincial IRP Steering Committees.
Table 8: Action Plan to Complete the Outstanding Issues
No Issues Actions Due Date Responsible Agencies
1 Complete assistance for nine households in Ca Mau Province
a. Discuss with Ca Mau PPC on the possibility of advancing the amount by the PPC to pay to the households.
b. Work with MOT, MOF and ADB to complete all the paper works for the Withdrawal Applications 7,8,9 get approval by ADB to have budget to pay to the PPC (if the PPC advances the amount)
30 September 2018
30 December 2018
CL CIPM
Ca Mau PPC
CL CIPM
2 Complete IRP in Ca Mau and Kien Giang Province
a. Discuss with Ca Mau Provincial IRP Steering Committee on completion of the IRP (budget is sufficiently disbursed)
b. Discuss with Kien Giang PPC on the possibility of advancing the amount by the PPC to complete the IRP.
31 August 2018.
31 August 2018
CL CIPM
Ca Mau IRP Steering Committee
CL CIPM
Kien Giang PPC
3 Decisions of Courts on the grievances
a. Follow up with the courts on the court decisions.
b. Coordinate with the district boards for compensation and site clearance to make payment to the households based on the court decisions.
December 2018.
January, 2019
CL CIPM
Relevant district boards for compensation and site clearance
30. Once this Internal Resettlement Monitoring Report has been accepted by ADB, CL CIPM will
share it to Kien Giang and Ca Mau PDOTs and Provincial IRP Steering Committees. The documents
will be posted in public places such as communal headquarter offices, village meeting halls, office of
district boards for compensation and site clearance, office of PDOTs, etc. The Report will also be
posted to ADB and CL CIPM websites.
31. The next semi-annual internal resettlement monitoring report will be submitted to ADB on 15
January, 2019.
32. As the IRPs in Kien Giang and Ca Mau provinces will be completed in December 2018 and the
compensation/assistance for the remaining households (05 in Kien Giang Province and 09
households in Ca Mau province) will be completed at the same time, post-resettlement evaluation will
be carried out by CL CIPM in December 2018.
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VI. Appendices
- Letters to Ministry Official Transport (MOT):
+ The letter No. 1952/CIPM-IMC dated 02/08/2018 of Cuu Long CIPM, No extension the Grant 0095-
VIE (SF) of the Southern Coastal Corridor Project (SCCP1).
- Letters Cuu Long CIPM to Ca Mau Province:
+ The letter No. 1731/CIPM-IMC dated 12/07/2018, refunding the borrowed capital for payment the
additional remain quantity of the Land acquisition and resettlement of the Southern Coastal Corridor
Project (SCCP1) in Ca Mau province.
- Letters Ca Mau Province to Cuu Long CIPM.
+ The letters no. 16/GPMB dated 23/03/2018 for Provide assistance for affected business for the Land
acquisition and resettlement of the Southern Coastal Corridor Project (SCCP1) in Ca Mau province.
+ The letter No. 5407/UBND-XD dated 18/07/2018 for kindly request of the Cuu Long CIPM.
+ The letter No. 26/GPMB dated 08/08/2017 for demand of remain fund for the Land acquisition and
resettlement the Land acquisition and resettlement.
- Letters Cuu Long CIPM to Ca Mau Province.
+ Letter no. 2019-IMC dated 10/08/2018 for explanation for the liquidation document to be 25 billion
VND of clause of refund for the Land acquisition and resettlement of the Land acquisition and
resettlement.
+ Letter No. 2025/CIPM-IMC 13/08/2018 for request to borrow the fund for carry out additional remain
quantity of IRP of the Southern Coastal Corridor Project (SCCP1) in Kien Giang province.
+ The letter No. 3541/BTC-QLN dated 28/03/2018 for Withdrawal application No. 0007, 0008, 0009
liquidation of funds of the Land acquisition and resettlement and income restoration program of the
Southern Coastal Corridor Project (SCCP1) in Ca Mau province.
- Letter SMEC Consultant to Cuu Long CIPM.
+ The letter No. SCCP. 4.56/3954 dated 06/08/2018 of SMEC Consultant for reply to Cuu Long CIPM´s
letter No. 1763CIPM/IMC for the invoice issue.
- Letter Cuu Long CIPM to ADB Bank.
+ The letter No. 2005/CIPM-CMC 09/08/2018 for Submission the benefit monitoring and evaluation
(BME) after completion and project completion report (PCR) for SCCP.