Viet Nam: Ha Noi Metro Rail System Project (Line 3: Nhon ...

Social Monitoring Report

External Quarterly Resettlement Monitoring Report (Q1 2021) June 2021

Viet Nam: Ha Noi Metro Rail System Project

(Line 3: Nhon – Ha Noi Station Section)

Prepared by External Resettlement Monitor for Ha Noi People’s Committee and the Asian Development Bank.

NOTE

In this report, “$” refers to US dollars. This Social Monitoring Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

QUARTERLY REPORT – QUARTER 1 OF 2021

EXTERNAL REPORT ON RESETTLEMENT MONITORING

Project Number: 40080-013

Loan Number: 2741-VIE

Reporting time: 01

Reporting Period: 01 January 2021 to 31 March 2021

Report Code: MRB_EQRMR_18.05_Version 02

PROJECT MANAGEMENT SUPPORT (Phase 2)

HANOI METRO RAILWAY SYSTEM PROJECT

Line 3: Nhon - Hanoi Station Section

Hanoi, June, 2021

HANOI METRO RAIL SYSTEM PROJECT


External report on resettlement monitoring – Quarter 1, 2021 Page 2 / 92

AMENDMENT RECORD

Revision number Date Amendment Description

01 25/04/2021 Version 01

02 22/06/2021 Version 02

No. Topic Person in charge Position Company

1 Prepared by Vu Xuan Son External Resettlement

Monitoring Expert

TPF Getinsa

Euroestudios – PMS2

2 Reviewed by

Tran Tuan Anh Vice Director -

Responsible of LAR

PID1 – MRB

Fernando Herrero

Benitez

Authorized Signatory TPF Getinsa

Euroestudios – PMS2

3 Supported on

database by

Phan Minh Thang MRB officer PID1 – MRB

Date: 22 June, 2021

Prepared by: Checked by:

Vu Xuan Son Fernando Herrero Benitez

External Resettlement Monitoring Consultant Authorized Signatory – PMS2




ABBREVIATIONS

ADB - Asian Development Bank

AFD - Agence Francaise de Development

AHs/APs - Affected household/ affected person

BCS - Building Condition Survey

BRA - Building Risk Assessment

CP - Compensation Plan

CSCSC - City’s Site Clearance Steering Committee

COH - Citizen of Hanoi City

DCARB - District Compensation, Support and Resettlement Board

DCLDF - District Central Land Development Fund

DDR - Due Diligence Report

DMS - Detailed Measurement Survey

DOC - Department of Construction

DONRE - Department of Natural Resource and Environment

DPC - District People’s Committee

EM - External Monitoring

EQRMR - External Quarter Resettlement Monitoring Report.

GRM - Grievance Redress Mechanism

HHs - Household

HPC - Hanoi People’s Committee

LA - Land Acquisition

LAR - Land Acquisition and Resettlement

LURC - Land Use Rights Certificate

m/m2 - meter/ square meters

MRB - Hanoi Metropolitan Railway Management Broad

PID1 - Project Implementation Department No.1

PMS2 - Consulting Services for Project Management Support to the Client

RF/uRF - Resettlement Framework/ Updated Resettlement Framework

RP/uRP - Resettlement Plan/ Updated Resettlement Plan

ROW - Right-of-way

QRMR - Internal Quarter Resettlement Monitoring Report.

SPS - Safeguard Policy Statement (ADB - 2009)

WPC - Ward People’s Committee

VND - Vietnamese dong

$/ USD - United States Dollar

€/ EUR - European common currency




TABLE OF CONTENT

A. GENERAL ................................................................................................ 7

I. INTRODUCTION ............................................................................................... 7

1.1. Background ................................................................................................................. 7

1.2. MRB’S project management team ............................................................................. 10

1.3. Consulting Services for Project Management Support to the Client (PMS2) .............. 13

II. METHODOLOGY OF MONITORING .............................................................. 14

2.1. Functions of resettlement monitoring services ........................................................... 14

2.2. Methodology of Monitoring ......................................................................................... 14

III. SUMMARY OF PROJECT IMPACTS ............................................................. 16

B. FINDINGS AND MONITORING RESULTS ............................................ 18

IV. INFORMATION DISCLOSURE AND COMMUNITY CONSULTATION .......... 18

4.1. General activities ....................................................................................................... 18

4.2. For the tunnel ............................................................................................................ 19

V. IMPACT ON LAND ACQUISITION AND HOUSEHOLDS .............................. 22

5.1. Land acquisition and impacts ..................................................................................... 22

5.2. Land acquisition in major areas: ................................................................................ 25

5.3. Additional land acquisition for S9 and S10: ................................................................ 26

5.4. Structures of households encroached on elevated station (S4, S5 and S7) ............... 28

VI. APPROVAL OF COMPENSATION, ASSISTANCE AND PAYMENT ............. 30

6.1. Households and agencies receiving compensation and support ................................ 30

6.2. Approval of compensation, support and payment plans ............................................. 31

VII. RESETTLEMENT AND RELOCATION OF PUBLIC WORKS ........................ 34

7.1. Preparation of resettlement sites ............................................................................... 34

7.2. Resettlement and stabilization of displaced households ............................................ 35

7.3. Relocation of public works ......................................................................................... 36

VIII. INCOME RESTORATION ............................................................................... 37

8.1. For AHs at the Depot and Access Line (Phase 1) ...................................................... 37




8.2. For AHs in Depot and Access Line (Phase 2) ............................................................ 37

8.3. For HHs affected by tunnels and underground stations (CP03) ................................. 40

8.4. Impacts during construction (CP03) ........................................................................... 43

IX. GRIEVANCE REDRESS MECHANISM (GRM) ............................................... 45

9.1. Legal basis for settlement of complaints and problems .............................................. 45

9.2. Complaints in the area of Depot and Access Line ...................................................... 49

9.3. Complaints exiting in package CP03.......................................................................... 53

X. ASSESSMENT OF IMPLEMENTATION OF COMMITMENTS ....................... 55

XI. UPDATE RP FOR IMPACTS OF TUNNEL CONSTRUCTION (CP03) ........... 59

11.1. BCS and BRA activities ............................................................................................. 59

11.2. Prepare the update RP for the tunnel: ........................................................................ 59

C. CONCLUSIONS AND RECOMMENDATIONS ...................................... 61

XII. CONCLUSIONS .............................................................................................. 61

XIII. RECOMMENDATIONS ................................................................................... 62

APPENDIX ............................................................................................................... 65

Appendix 1: The list of people met during the report preparation phase .......................... 65

Appendix 2: Some photos in the monitoring phase. ......................................................... 67

Appendix 3: Detailed complaint resolution process .......................................................... 71

Appendix 4: Tuner section ............................................................................................... 81




LIST OF TABLES

Table 1: Names and locations of railway stations .............................................................. 7

Table 2: Project packages ................................................................................................. 8

Table 3: Summary of project’s impacts ............................................................................ 24

Table 4: Summary of land acquisition .............................................................................. 25

Table 5: Adjustment plan for partial handover ................................................................. 26

Table 6: Additional land acquisition for construction at S9 and S10 ................................. 27

Table 7: Summary of payment for affected households and organizations ...................... 32

Table 8: Summary of compensation and support ............................................................. 33

Table 9: Locations, areas and number of apartments to be arranged for resettlement

households ........................................................................................................ 34

Table 10: Resettlement status of the AHs ......................................................................... 36

Table 11: Support for income restoration of AHs (Depot and Access Line Phase 1) .......... 37

Table 12: Support for income restoration of AHs (Depot and Access Line Phase2) ........... 38

Table 13: Support follow uRP of AHs (Depot and Access Line Phase2) ............................ 38

Table 14: Payment for the AHs belonging to the vulnerable group (Depot and Access Line)

.......................................................................................................................... 39

Table 15: Payment for support production and business stabilization (Depot and Access

Line) .................................................................................................................. 39

Table 16: Support for income restoration of AHs in CP03 .................................................. 40

Table 17: Payment for support production and business stabilization in package CP03 .... 43

Table 18: Similarities and differences between ADB and HPC policy on GRM .................. 46

Table 19: Project's complaint statistics information ........................................................... 48

Table 20: Contents of the complaints or problems in Package CP03................................. 54

Table 21: Comparison of the implementation progress of MOU in November 2019 ........... 55

Table 22: Loan terms compliance status Loan 2741 – VIE on Resettlement and safeguard

measures ........................................................................................................... 57

LIST OF FIGURES

Figure 1: The Project’s alignment ..................................................................................... 10

Figure 2: MRB’s Management layout structure ................................................................. 10

Figure 3: Management Structure of Project Implementation Department 1 (PID1) ............ 12




A. GENERAL

I. INTRODUCTION

1.1. Background

1. Hanoi People’s Committee (HPC), through Hanoi Metropolitan Railway Management Board

(MRB), is carrying out the development of Hanoi Metro Railway System Project (Line 3: Nhon-

Hanoi Station Section), with the loans of the following financers to support the Government of

Vietnam (GoV), with current estimate of USD 1,375.7 million (equivalent EUR 1,176 million),

including: Asian Development Bank (ADB) is USD 407.6 million; European Investment Bank (EIB)

is EUR 141 million; Direction Générale du Trésor de France (DGT) is EUR 335 million; and Agence

Française de Développent (AFD) is EUR 159 million (Source: MOU 25-29 November 2019).

2. The Project is located in Hanoi city and its approved scope includes civil works,

equipment, consulting services and resettlement for the construction of the Metro Railway

System of about 12.5 kilometers long with 12 stations (08 elevated and 04 underground

stations) and one depot. The elevated part is 8.4km long, including 08 elevated stations and 01

Access Line of 500m long. The underground part is 3.6km long, including 4 underground

stations. The construction has commenced in 2010 with initial works on the depot. The current

tentative completion time is in Quarter IV 2022. The names and locations of the railway

stations are presented in the following table.

Table 1: Names and locations of railway stations

Sections Names of stations Locations of stations

Elevated part S1 Nhon

S2 Minh Khai

S3 Phu Dien

S4 Cau Dien

S5 Le Duc Tho

S6 Vietnam National University, Hanoi

S7 Chua Ha

S8 Cau Giay

Underground part S9 Kim Ma street

S10 Cat Linh street

S11 Quoc Tu Giam street

S12 Tran Hung Dao street

3. In term of the execution and management, the Project consists of 09 construction

packages of civil works and 05 consulting services. The contracts of the packages were

already awarded, except Package CP09, as shown in below table.




Table 2: Project packages

No. Title Main scope Contractors

Package

CP1

Construction of

Elevated part - Line

Viaduct, bridge, Access Line to

depot, elevated part of Line to

underground stations

DAELIM

Industrial Co.,

Ltd., Korea

Package

CP2

Construction of

Elevated part - Stations

Structural works, architectural

finishes, low voltage and

plumbing

POSCO

Engineering

&Construction

Co., Ltd., Korea

Package

CP3

Construction of

Underground part:

Tunnels and Stations

Structures, architectural finishes,

low voltage and plumbing

JV Huyndai

Engineering &

Construction Co.,

Ltd-Ghella S.p.A

Package

CP4

Construction of depot

Infrastructure

VinaconexJsc.

(Vietnam)

Package

CP5

Construction of depot

Architectural works

Construction of buildings and

workshops

HANCORP Co.,

Ltd., Vietnam

Package

CP6

Rail system 1: Rolling

stock, depot equipment,

OCC/SCADA,

signaling,

communication, power

supply

Design, supply and install: Rolling

stock, depot equipment,

OCC/SCADA (includes BMS in

stations), signaling,

communication, power supply

(medium voltage 22kV and

traction power)

JV Alstom

Transport SA –

Colas Rail SA –Thales

Communication

and Security

SAS, France

Package

CP7

Rail system 2: Electrical

and Mechanical (E&M)

Design, supply and install:

E&M systems,

Ventilation systems,

Firefighting systems,

Lifts and escalators,

Dewatering

Colas Rail S.A,

France

Package

CP8

Rail system 3: Track

Works

Design, supply and install: Rails

for all the line and inside the

depot (includes the 3rd rail)

Colas Rail S.A,

France

Package

CP9

Rail system 4:

Automatic Fare

Collection (AFC)

Design, supply and install: AFC

system Under

procurement

PIC Project Implementation

Consultant (PIC)

Design, Supervision and Project

Implementation Support:

Review and fulfillment of the

previous FS of the Project

(completed)

Technical Design (Completed);

SYSTRA, France




No. Title Main scope Contractors

Procurement activities: preparing

tender documents and assistance

with tender evaluation and

contract negotiations (Pending

CP09)

Management and Supervision of

the civil works and system

contracts under the Project;

Assistance for training and

operation;

IC2.1b2 Consulting Services for

Verification of Technical

Design, Cost Estimates

and Appraisal of

Tendering Documents

Verification of Technical Design,

Cost Estimates and Appraisal of

Tendering Documents of

Packages CP03 and CP06 –

CP09 (Completed)

SENER, France

IC 2.1b3 Consulting Services for

Project Management

Support to the Client

Provision of Project

Implementation Support to MRB

(Completed)

IDOM, Spain

IC 2.2 Consulting Services for

Certification of System

Safety

Certification of System Safety JV APAVE

International,

France, Bureau

Veritas, Vietnam

Contract for External

Environmental

Monitoring

Environmental monitoring

(Completed)

CENMA

PMS2 Consulting Services for

Project Management

Support to the Client

Provision of Project

Implementation Support to MRB

(On going)

TPF

GetinsaEuroestud

ios S.L. Spain

4. Hanoi People’s Committee (HPC) is the Executing Agency. The Metropolitan Railway

Management Board (MRB) is the Implementing Agency.

5. The Project, once completed, will (i) facilitate public transport connectivity, (ii) greatly

enhance Access in five districts of Hanoi city, and (iii) be an important integral part of an

improved public transport system, which aims to achieve increased public modal share

through low-carbon transport that reduces greenhouse gas emissions. The line starts at

Nhon (intersection of Road 70 and Highway 32 to Hanoi center, goes through Ho Tung Mau

street, Xuan Thuy street, Cau Giay street, Kim Ma street, Nui Truc street, Cat Linh street,

Van Mieu street and the end point is at Hanoi Railway Station. The depot which has been

constructed in 15 hectares in Minh Khai and Tay Tuu wards (Bac Tu Liem district), consists

of some components such as concentration area of rail vehicle, washing machine, wheel

lathes, maintenance factory and warehouse. The below figure shows the Project’s alignment.




Figure 1: The Project’s alignment

6. TPF Getinsa Euroestudios in Association with HHA & Partner Group Consultant, JSC.

was selected with the Contract for PMS2 Consultancy services. The Contract was signed on

27 April 2018 and the personnel mobilization started on 15 May 2018. According with the

PMS2 Contract Terms of Reference (ToR) the overall objective of the consulting services is

to provide Project implementation support to MRB in order to make sure that the Metro Line

3 is implemented to the required quality, on time and within the budget, and when open

operates effectively and efficiently.

1.2. MRB’S project management team

7. The personnel and management structure of MRB are shown in below Figure. The

functions of each section of MRB are explained as below:

Figure 2: MRB’s Management layout structure

1. GENERAL DIRECTOR AND DEPUTY GENERAL DIRECTORS: have the overall

responsibilities for all activities of MRB.

2. OFFICE:

- Support the General Director in reviewing, supplementing, adjusting the organization of

MRB’s Departments;

Hanoi Metropolitan

Railway Management

Board (MRB)

Board of Directors

OFFICE FINANCE – ACCOUNT

DEPARTMENT

PLANNING & INVESTMENT

PREPARATION DEPARTMENT

TECHNICAL – APPRAISAL

DEPARTMENT

PROJECT IMPLEMENTATION DIVISIONs (PIDs)




- Support the General Director in Human resources activities;

- Support the General Director in MRB’s personnel planning;

- Be in charge of implementing Policy, labor – wages;

- Be in charge of preparing training plan and advising for training activity implementation;

- Be in charge of implementing Internal politic protection activities;

- Be in charge of Emulation and reward activities;

- Be in charge of Grassroots democracy activities at work;

- Support in implementing anti-corruption, claim resolution works;

- Be in charge of administration reform;

- Be in charge of receiving, sending and circulating the documents as per regulations;

- Be in charge of administration works;

- Be in charge of agency protection;

- Be in charge of communication, foreign affairs activities;

- Be in charge of information technology activities;

- Be in charge of translation and interpretation works as per assignment;

- Be in charge of legal activities;

3. FINANCE – ACCOUNT DEPARTMENT

- Be in charge of financial works;

- Be in charge of accounting works;

4. PLANNING & INVESTMENT PREPARATION DEPARTMENT

- Be in charge of planning works;

- Be in charge of preparing development plan, budget plan and quarterly, annual plan for MRB;

- Be in charge of implementing investment preparation works as per the existing

regulations and commitments with the Donors;

- Be in charge of promoting investment works;

- Be in charge of supervising and evaluating investment;

- Be in charge of managing and supervising contracts;

- Be in charge of synthesizing and reporting;

5. TECHNICAL – APPRAISAL DEPARTMENT

- Be in charge of implementing all the appraisal works for working drawings, cost

estimation and bidding documents, etc;

- Be in charge of quality management activities;

- Be in charge of institution and policy works




6. PROJECT IMPLEMENTATION DIVISIONS

- Implement the metro construction investment projects

- Be in charge of land acquisition activities

- Be in charge of utilities removal works

- Implement the infrastructure programs, projects assigned as per the existing

regulations and commitments with the Donors.

8. To implement Metro Line 3 Project, MRB has established Project Implementation

Department 1 (PID1) with all functions and responsibility for the project implementation.

Please see the below figure for the structure of PID1:

Figure 3: Management Structure of Project Implementation Department 1 (PID1)

9. In PID1, the functions of LAR team are to consult and support the Manager in land

acquisition and utilities removal works, explosive object clearance works of PID1. The LAR is

managed by Mr. Nguyen Tuan Anh and LAR have responsibility includes but not limits the

following tasks:

- Implement the tasks specified in Decision No.117/QD-DSDT-VP dated October 6, 2017

of Hanoi Railway Management Board on promulgating the regulations on functions and

duties of departments of Hanoi Railway Management Board;

- Based on the tasks assigned, prepare the plan to carry out the works and submit to the

Division’s Leaders for review and approval to be the basis for control and management. Submit report monthly to review the works implemented in the previous month and the plan

for the next month to the Division’s Leaders;

- Coordinate with the Local Authority to appraise and approve the Compensation,

Support and Resettlement Plans of the Project;

- Be in charge of supervising, coordinating with the Local Authority to solve the problems

regarding land acquisition and resettlement of the Project;

PID1 (for Metro Line 3) Board of Directors

Implementation Teams Contract Teams

Technical Team

LAR Team

Contract Mgt

Team

Economic Project Team

General Planning

Team

CP01 -> CP09

Teams

Consulting Service Team

Insurance Team




- Propose, consult the application of legal regulations relating to the land acquisition,

compensation, support for resettlement, utilities removal works;

- Consult, prepare the budget allocation plan and supervise the disbursement for the region;

Supervise and collect the reports on the payment of compensation, support, compensation;

- Be in charge of preparing the periodic reports or irregular reports relating to the land

acquisition works up on request. Summarize and report to the Donors the status of land

acquisition, resettlement works, resolutions of the claims on compensation, support,

resettlement in the project review meetings;

- Be in charge of managing and urging the utilities removal contractors to remove the

utilities to ensure the progress of construction and installation works of the Project. Organize

the explosive object clearance works (phase 2 for the underground section of the project);

- Archive all the documentation relating to the land acquisition, compensation, support,

resettlement, explosive object clearance works for all the Project Stages. Archive, manage all the

as-built document, payment document and other document relating to the tasks assigned;

- Coordinate with relevant Teams to give explanation to the Inspectors, Auditors, and

Press about the contracts, tasks assigned;

- Implement and coordinate to give explanation to the Inspectors, Auditors about the

contracts, tasks assigned;

- Coordinate with other Teams to solve the problems relating to land acquisition and

utilities removal during the construction works;

- Other tasks assigned by the Division’s Leaders.

1.3. Consulting Services for Project Management Support to the Client (PMS2)

10. In order to assist MRB in organizing and monitoring the project implementation, package

PMS2 was included in the procurement plan of the Project. The awarded contractor of package

PMS2 is TPF GetinsaEuroestudios S.L. Spain. The obligations of the consultant include:

- The Consultant shall perform the Services and carry out the Services with all due

diligence, efficiency and economy, in accordance with generally accepted professional

standards and practices, and shall observe sound management practices, and employ

appropriate technology and safe and effective equipment, machinery, materials and

methods. The Consultant shall always act, in respect of any matter relating to this Contract or

to the Services, as a faithful adviser to the Client, and shall at all times support and

safeguard the Client’s legitimate interests in any dealings with the third parties.

- The Consultant shall employ and provide such qualified and experienced Experts and

Sub-consultants as are required to carry out the Services.

- The Consultant may subcontract part of the Services to an extent and with such Key

Experts and Sub-consultants as may be approved in advance by the Client. Notwithstanding

such approval, the Consultant shall retain full responsibility for the Services.




II. METHODOLOGY OF MONITORING

2.1. Functions of resettlement monitoring services

11. For resettlement monitoring, PMS2 Contract has covered two experts: Resettlement

Specialist and External Resettlement Monitoring Consultant. PMS2 has proposed the

mobilization of the international independent expert according with the Contract, however

MRB requested to consider the replacement by another national expert to support MRB

almost in a full-time basis. As the result with ADB’s concurrence, the national External

Resettlement Monitoring Consultant has been mobilized from April, 2019 and was replaced

by another expert and mobilized on November 25, 2020.

12. The national External Resettlement Monitoring Consultant has to work in close

collaboration with the national Internal Resettlement Monitoring Specialist for (i) monitoring

the status of land acquisition, displacement of AHs and affected organizations; (ii) monitoring

and checking on the compensation and support to AHs and affected organizations that were

implemented in line with the provisions of the agreed Resettlement Framework (RF)/ updated

Resettlement Framework (uRF) and Resettlement Plan (RP)/ updated Resettlement Plan

(uRP) or not; (iii) certifying whether the AHs understood their rights and entitlements, and if

information has been disseminated sufficiently to the AHs, including the GRM; (iv) identifying

of outstanding compensation and resettlement issues that require the attention of the

agencies involved in the Project; (v) evaluating on changes in livelihoods of the AHs; (vi)

evaluating on the implementation of income restoration for displaced persons; (vii) evaluating

on effectiveness, impacts and sustainability of resettlement activities and providing

necessary recommendations in the resettlement implementation for the Project.

13. In general, the objective of this mobilization will be (i) an additional support for

monitoring and settlement of the outstanding issues in Project LAR activities; (ii) reporting

about the compliance of ADB Safeguards Policies (SPS, 2009), relevant government

policies, loan covenants; and (iii) The project’s RF/ uRF, RP/ uRP and their addenda.

2.2. Methodology of Monitoring

14. External monitoring and evaluation are carried out with following activities: (i) review

documentation at the office; (ii) observation; (iii) photo taken; and (iv) group discussion and interview 1.

15. Document research: The review of project documents will consist of (i) the RF/ uRF,

RPs/uRPs and its addenda; (ii) the previous external monitoring reports, (iii) the monthly and

quarterly reports prepared by PMS2, (iv) the MoU of ADB review mission with special

attention to fulfillment of loan covenants and any documentation generated by the main

stakeholders of the Project relating Land acquisition.

16. This report focuses on the review of pending issues in compensation for site clearance

of the project recognized in the following documents: (i) MOUs in 2019, 2020 and the

meeting on March 26, 2021; (ii) these contents should be monitored and updated in the

external report on resettlement monitoring in Q3-Q4/2020; and (iii) the QRMR Q1/2021.

1 Special attention to monitoring with AHs who have complaints, have been affected by additional land acquisition

and affected by emerging impacts during construction, etc. (to understand their opinion on the resettlement

process, and compensation & support provided as well as whether the solutions are acceptable to them)




17. Participatory Rapid Assessment: The Field Visit (from March 15, 2021 to April 15,

2021) of External Resettlement Monitoring Consultant has covered interviews with all

stakeholders relating with LAR activities including: MRB, PMS2, and with Contractors CP03

and CP05 to know the impacts of the construction works. The Expert has conducted

interviews with local authorities (15 persons) and AHs (31 AHs), at the construction site and

resettlement areas in order to monitor (i) the LAR policy implementation; (ii) the satisfaction

of AHs; (iii) the livelihood and income of AHs; and (iv) grievance or pending grievances

(include: Mr. Kiên group, Mrs. Thắm group, pay special attention to Mrs. Tỉnh, etc); and (v)

HGU consultation with 50 households/ building.

a. Group discussion,

- For the affected households, focus group discussion is to evaluate other aspects

related to the rights of the affected people. Focus group discussions in this period report

focus on the households who are complaining (02 groups) to update information on the

situation of households' grievance redress.

b. Interview:

- In-depth interviews: 09 AHs in groups, project implementation staff and responsible

persons are interviewed in the process of compensation, support and resettlement based on

the predetermined contents by the Consultant. This information will complement the

information obtained from the survey and analysis of available documents. Interviews have

been conducted for both men and women, the elderly, and AHs who have complaints.

- MRB has sent a written request 2 to Hanoi Inspectorate and the People's Committee of

Bac Tu Liem district to staff to work with the Consultant to update information related to the

resolving protracted complaints in the depot area and Access Line area - Phase 1 and Phase

2. However, neither Hanoi Inspectorate nor Bac Tu Liem district People's Committee have

arranged staff to work with the Consultant according to the proposed time.

c. Information achieves: The information collected through the consultation will be

analyzed by the Consultant and included in the periodic reports. MRB, PMS2, and

Consultant still achieve these reports on the project's archiving system and use them for later

reviews and reports.

18. Direct observation: This method helps obtain timely and useful information that

complements to the collected data to better understand the context in which the data is

collected and to interpret survey results. During the evaluation, the direct observation method

is frequently applied. The monitoring Consultant directly observes the site clearance and

living conditions of some households, visits the project construction sites, and attends

meetings with households. Information gathered from this method is stored by recording and

photographing.

2 Letter No.419/DSDT-THDA1 and Letter No.420/DSDT-THDA1 on the same day of March 26, 2021.




III. SUMMARY OF PROJECT IMPACTS

Impacts on households and agencies/organizations

19. The project affects 555 HHs and organizations (534 AHs and 21 organizations) 3.

20. Among 534 households affected by the project, 199 AHs are relocated 4 (130 AHs are

eligible for the grant of resettlement land plots or resettlement houses and 69 AHs are not).

By the end of Q4/2020, 130/130 AHs have received resettlement apartments.

21. Regarding the impacts on business HHs caused by the construction of the stations,

HPC has not yet given specific instructions for MRB/DPCs in determining the number of AHs,

scope of impact, level of impact and propose corrective measures, till the present time.

22. In Q4/2020, HGU completed and submitted a report on the BCS and BRA

implementation to MRB, ADB, and HPC for consideration. As the results of BRA updated in

December, 2020 5, determines that 50 households/houses are affected by the construction of

the tunnel 6, in which: 7 households/buildings are to be demolished and rebuilt after the

tunnel drilling is completed, and 43 households/buildings are temporarily relocated for 1 to 2

weeks during the tunnel drilling. The information disclosure and community consultation with

50 households/houses was implemented by HGU in Q1/2021 7 and will continue in Q2/2021.

Impacts of land acquisition

23. The total of 204,134.52 m2 of land are acquired to implement the project, in which

17,612.1 m2 are sidewalks, roads, and other public land; and 186,522.42 m2 belong to 534

AHs and 21 agencies/organizations.

24. For the affected land owned and managed by the households and

agencies/organizations, the project has acquired 186,464.80 m2 out of the total of

186,522.42 m2 of land 8 to be acquired, accounting for 99.97% of the required volume. The

remaining land area that has not been acquired is 57.62 m2, which is within the area affected

by the construction of S9 and S11 of Package CP03.

Payment of compensation and support

25. Till the period of preparing this report, the total cost of compensation, support and

resettlement approved for the project is VND 678,281,285,220. The total cost has been paid

3 In Q2/2020, 15 AHs and 06 organizations affected with additional land acquisition are added (all of these AHs

and organizations have been acquired for the first time and continued to be affected by additional land acquisition

at S9 and S10; hence, they are not double counted).

4 In Q2/2020, there are 3 more AHs to be relocated due to the additional land acquisition for package CP03.

5 BRA update in December 2020, was appraised by the PIC;

6 According to HGU, there is a total of 452 households/buildings are within the impact scope of the tunnel;

7 Due to the social distancing by COVID19 pandemic, the People's Committees of the relevant wards held the first

meeting with representatives of 50 households/house owners. The detail is presented in Chapter IV and Appendix

4 of this report.

8 Among 186,522.42 m2 of land, 185,879.4 m2 were acquired before and 643.02 m2 of land are further acquired

in Q2/2020 at Station S9 and Station S10.




is VND 663,451,077,082. The total cost has not been paid are VND 14,830,208,138. In

Q1/2021, no AHs were paid compensation, support and resettlement by the DCARBs.

26. By the end of Q1/2021, among 534 AHs and 21 organizations affected by the project,

529 AHs and 21 organizations have received full compensation and support, the rest of 05

AHs by S9 and S11 of Package CP03 have not received compensation and support. In

addition, among 15 AHs and 06 organizations affected due to additional land acquisition at

S9 and S10, 12/15 AHs and 06/06 organizations have received compensation, and the rest

3/15 AHs in S9 have not received compensation.

Income restoration program

27. By the end of March 31, 2021, 529/534 AHs have received the Project’s income

restoration support.

Constraints and complaints

28. Till the period of preparing this report, the project remains 40 complaints or pending

issues relating to the compensation, support and resettlement. In addition, there are impacts

caused by the construction, including 35 complaints in the area of Depot and Access Line

area (Phase 2), and 05 complaints or pending issues in Package CP03. Some complaints

have been resolved by the competent authorities but not yet thoroughly.




B. FINDINGS AND MONITORING RESULTS

IV. INFORMATION DISCLOSURE AND COMMUNITY CONSULTATION

4.1. General activities

29. By the end of Quarter 1/2021, general assessment is that the project requirements of

information dissemination and community consultation have been fully complied. MRB

should continue monitoring and supporting the DCARBs, Construction Contractors and

Consultants to fulfil this task well with regard to impacts arising during the project

implementation, especially the underground from S9 to S12.

30. For ADB-financed projects, the disclosure of project information and resettlement plans

have been given special attention. This is to ensure that all AHs are fully consulted and

involved in the entire project process. Information is fully and widely disseminated at each

stage of the Project to help AHs to grasp information, participate and understand their rights,

interests and obligations to the Project. Information contents are disclosed to AHs include: (i)

the Project's general information; (ii) the Project's compensation, support and resettlement

policy; (iii) the Project's complaint regulations; (iv) social and environmental safeguards

plans; (v) and not limited to other information.

31. For this project, the dissemination of information is mainly through: resident meetings

face-to-face meetings with AHs and the communities, announcements to each AH, posting

project’s notices at the offices of local authorities, providing project information booklet

(PIBs), posters, etc. These activities are organized by MRB, DPCs, WPCs, DCARBs and

Project Consultants at the affected community meeting room of Wards.

32. During the current project implementation phase, the information dissemination is

enhanced in the areas where there are impacts on people's lives and where households

have complaints. The information contents disseminated include: (i) information about the

compensation policy and benefits of the AHs; (ii) information on environmental impacts; (iii)

problems arising during the Project's construction and equipment installation that affect

people; and (iv) information on complaints and complaint resolution; and (v) information on

income restoration.

33. MRB has worked closely with the DPCs, WPCs and concerned departments to

disseminate the project information, which is kept updated, construction activities and

additional impacts (if any). Apart from previous complaints, during the reporting period there

are no questions from AHs in the informational interviews relating to the project's

construction.

34. MRB confirmed that they have recorded all meeting documents and consultation with AHs.

The AHs that met the experts also said that they are fully aware of their rights and where they

can file complaints. The External Resettlement Monitoring Consultant will continue monitoring

and updating the information about 40 complaining cases and/or pending letters remaining in the

reporting period and arising in the next reporting period to propose/recommend actions and/or

corrective measures in need to be added in the next report.




4.2. For the tunnel

35. For the information dissemination, the community consultation to prepare the uRP and

Resettlement Action Plan (RAP) for the tunnels has been fully implemented by the HGU and

LHC Consultant. Include:

36. The meeting for information dissemination, community consultation and socio-

economic survey was conducted by the HGU/LHC from August 2018 to December 2019. In

these meetings, general information about the project, plans for tunnel drilling for the

underground section from Kim Ma to Tran Hung Dao Station will be conducted in Q1-

Q2/2021 and preliminary impacts, implementation plans, results of the BCS, BRA

implementation of have been announced to households, communities and stakeholders.

37. As planned in Q1/2021, HGU will carry out the information dissemination and

community consultation with the affected households currently living in 50 buildings/houses.

The information is publicly disclosed and consulted with the affected households in this

period, including but is not limited to the following: the policy on compensation, support and

resettlement; GRM; Detailed plan for temporary evacuation (time, location, how to

organize...); and plan to evaluate the damages on 43 buildings/houses and plan to rebuild 7

buildings/houses, etc.

38. However, due to the unexpected variation of COVID19 epidemic in early Q1/2021,

consultation activities could not be carried out in Q1/2021 as planned because the People's

Committees of the wards had to execute the social distancing ordered by the Government.

On March 2, 2021, MRB issued Letter No. 248/DDDT-THDA1 requesting HGU to (i)

complete consultation with the households living in 50 buildings before March 10, 2021; (ii)

regarding the policy of compensation, support and temporary resettlement for AHs who have

to temporarily resettle due to the construction of the tunnel, HGU is requested to report the

completion to the MRB/PIC before March 2, 2021 in order that the MRB can submit report to

the ADB for approval.

39. The first six meetings were held by HGU/LHC on January 23, 2021 in Cat Linh ward;

January 26, 2021 in Van Mieu ward; March 04, 2021 in Quoc Tu Giam ward; January 29 and

February 25, 2021 in Van Chuong ward; and at 14:30 on March 12, 2021 in Kim Ma ward.

The External Monitoring Consultant attended the meeting in Kim Ma ward. The Consultant

noted a number of remarkable contents as follows:

- The Consultant was informed that these are six of the series of information

dissemination and community consultation meetings that are conducted by HGU until the

compensation, support and temporary resettlement policy and temporary residence action

plan are agreed. It is expected that the next meetings will be conducted by HGU in

Q1&2/2021.

- At the first six meetings, the following information was introduced and announced to AHs

by HGU: (i) general information about the project; (ii) main scope of impacts of the tunnel; (iii)

proposed compensation, support and temporarily residing policy of the project for two

temporarily residing groups (43 AHs) and temporarily residing with house demolition (07 AHs).




- 42 turns of AHs (20 men and 22 women) participated in the information disclosure and

consultation in wards of Van Chuong, Van Mieu, Quoc Tu Giam, Cat Linh and Kim Ma. All

participants were provided with project information booklets (PIBs). The consultation

minutes, the list of participants, PIBs are presented in Appendix 4 of this report.

40. For local authorities, there are the following noteworthy comments:

No Contens Responsible/

coordinating Timeline

1 Regarding the survey results of BCS and BRA:

Representatives of the WPC and residential areas

requested the HGU to clarify (i) the process and basis for

implementation; (ii) results and the legality of the results. In

addition, the WPC representatives concerned about the

safety of the households whose houses are within the

affected area of the tunnel but not belong to 50

households that must demolish their houses and

temporarily resettle.

MRB/ HGU Q2/2021

2 The WPC requested the MRB to provide (i) a complete set

of BCS and BRA survey documents about all households

whose houses are within the affected area of the tunnel;

and (ii) written commitment to take responsibility for survey

results. The MRB representative at the meeting spoke and

committed to provide required documents and

commitment.

MRB/ HGU Q2/2021

41. With regard to the affected households and local community representatives, there are

some remarkable contents as follows:

No Contents Responsible/


1 The households basically agreed with the proposed

compensation, support and temporary residing policy.

However, it takes time for them to review it before having

comments on each of the consulted policy content. The

parties agreed to hold meeting again after about 10 days

and the MRB will announce a specific time at least 3 days

for the people's committees of the wards to organize

meeting

MRB/ HGU Q2/2021

2 With regard to 07 households that must demolish their

houses, the request the MRB/HGU to clarify: (i) The

compensation unit prices must ensure that they can

rebuild equivalent houses; (ii) If the houses they rebuild is

less costly than the former houses, will they have to pay

MRB/ HGU Q2/2021




the difference? (iii) The temporary residence must be

suitable to avoid disturbance to the lives of residents if an

agreement cannot reach on the payment in cash for

temporary residence; (iv) The support level of temporary

residence must be consistent with the real local house

rent; and (v) support for moving property out and back

after the temporary residence.

3 With regard to 43 households that do not have to demolish

their houses, in addition to the comments as 07 above

households, they require the MRB/HGU to clarify: (i)

evidences that their buildings/houses are not demolished,

(ii) Document about their existing building condition is

made as a basis for comparison and in case their houses

are damaged after the tunnel drilling, how will the

compensation be resolved?

MRB/ HGU Q2/2021

4 With regard to the representatives of residential areas and

households whose houses are located within the affected

area of the tunnel but are not among 50 households who

must temporarily reside, they requested: (i) evidences that

their buildings/houses are not affected; (ii) it is

recommended that all households within the affected area

of the tunnel should be temporarily resettled during the

tunnel drilling to ensure safety, (iii) it is necessary to

accurately identify the households living and their

ownership for them to participate in all meetings and to be

fully compensated, and (iv) households that do not belong

to 50 households also need to be disclosed of information.

MRB/ HGU Q2/2021




V. IMPACT ON LAND ACQUISITION AND HOUSEHOLDS

42. MRB has coordinated with DPCs and DCARBs to fully implement the land acquisition

procedures in accordance with the laws. The determination of land area to be acquired was

public and transparent with the participation of the AHs, neighbouring families and the

stakeholders. Questions on land area were promptly answered so that by the time of

preparation this report, there are no records of any questions about compensation claims.

43. The Project's land acquisition progress has not met the requirements of the “Adjusted

Plan of Partial Site Handover for the Remaining Areas” agreed by HPC and ADB. MRB has

explained that, for S9, S10 and S11, construction activities are happening on the northern

strip and the contractor has yet to provide specific plan for construction at the southern strip,

where there is still a problem. Thus, the Adjusted Plan of Partial Site Handover for the

Remaining Areas has no effect on the construction progress is a suitable judgment.

44. Particularly for the additional land acquired 643,02 m2 for S9 and S10, the MRB

prepared a RP addendum/Resettlement Due Diligence Report (DDR) in December 2020 and

submitted it to the ADB on March 3, 2021. On March 27, 2021, the ADB issued a no-

objection letter and the RP addendum/DDR was published on the ADB website.

5.1. Land acquisition and impacts

45. The total of 204,134.52 m2 of land (including 643.02 m2 of additional land acquisition

required at S9 and S10 in Q2/2020) are acquired for the project, of which 17,612.1 m2 land

are for sidewalks, roads and 186,522.42 m2 of land are managed and used by 534

households and 21 organizations.

46. For the area of Depot and Access Line - Phase 1, there are total of 229 AHs, and the

total agricultural land acquired is 148,340 m2.

47. For the area of Depot and Access Line - Phase 2, there are total of 156 AHs, and the

total land acquisition area is 21,824.6 m2, of which 90 AHs are relocated, 30 AHs have

business affected, and 21 AHs are eligible for resettlement land and will be resettled in Xuan

Phuong resettlement site, Tay Tuu ward, Bac Tu Liem district.

48. For Chem - Ha Dong area (high voltage 110kv), there are 04 AHs in total and the total

agricultural land acquired is 190.0 m2.

49. For the viaduct area and elevated stations of Package CP01 and Package CP02, there

are a total of 02 affected agencies and the total land area owned by the state to be acquired

is 325.9 m2.

50. For underground stations of Package CP03, there are a total of 164 households and

organizations affected, of which there are 145 AHs and 19 organizations. The total acquired

land area is 33,454.02 m2 (including 643.02 m2 of additional land acquired in Q2/2020), of

which 15,841.92 m2 of land is used by AHs and 17,162.1 m2 is public land.

51. Impacts caused by the construction of the underground tunnel are being addressed by

the HGU/LHC Contractor (Package CP03) through the BCS, BRA and other potential

impacts survey. A Compensation, assistance and evacuation policy for the construction of




underground tunnel will be prepared by HGU/ LHC contractor to submit MRB and get

approved by ADB and HPC/MRB before the tunnel drilling is implemented, as required by the

donors as well as the regulations of SPS 2009 - ADB. Information on impacts and mitigation

measures will be added to the next report after the Compensation, assistance and

evacuation policy for the construction of underground tunnel is approved by ADB, HPC.

52. According to the BRA results updated in December 2020, 50 buildings/houses9 are

determined to be affected by the construction of the tunnel. In which: 7 buildings/houses will

be demolished and rebuilt after the tunnel drilling is completed; 43 buildings/houses will be

affected and people living there must be temporarily resided during the tunnel drilling. There

will be no land acquisition of affected households and organizations except their temporary

residence during the tunnel drilling and their buildings were checked and confirmed as safe;

and the households having to demolish and rebuild new houses. It is however noted that

households will be involuntarily temporally displaced and will involuntarily loose access to

their assets as a result of involuntary restriction of land use; hence, IR requirement will be

triggered and a respective social safeguard document will be prepared to address such

impacts.

53. According to HGU/LHC's report, the period of temporary residence of AHs currently

living in 50 buildings/houses is 1-2 weeks (for 43 buildings/houses) and plus 6 months for 07

buildings/houses10. However, according to the Consultant's point of view, it is necessary to

carefully calculate and fully consult with the affected households on the temporary residence

period because it depends a lot on such factors as construction plans, construction progress,

progress of safety assessment of 43 buildings/houses that are not demolished before moving

residents back, re-construction period, construction period of 07 buildings/houses, and other

objective factors.

54. For 402 households/buildings that are within the affected area of the tunnel but not

subject to temporary residence under the BCS and BRA results, it is also necessary to fully

inform them the project information, and the results identify that their households/buildings

are not affected by the Project.

55. The impacts are summarized and presented in Table 3 below.

9 Out of the total of 452 households/buildings within the affected area of the tunnel drilling.

10 According to HGU/LHC report: “The temporary land-use duration, as a basis for applying rehabilitation

measures, is calculated between the time the land-users hand over their affected land to the project and the time

they receive the land back, plus 6 months to restore land and property into original state.” The time of handing over the land to the project and receiving the land back is from 1 to 2 weeks.


Line 3: Nhon - Ha Noi Station Section


Table 3: Summary of project’s impacts on Land and Households

No. Wards/communes/stations

Total number of AHs and agencies

Number of AHs

Number of AHs eligible

for resettlement arrangement

Number of

business AHs

Total affected land area (m2)

Total Number of AHs

Number of affected agencies

Total Public land (sidewalks,

roads)

Land of AHs and agencies

Total (A +. . .+ F) 555 534 21 199 130 86 204,134.52 17,612.10 186,522.42

A. Depot and Access Line - Phase 1 229 229 0 0 0 0 148,340.0 0.0 148,340.0

1 Tay Tuu, Xuan Phuong 229 229 0 0 0 0 148,340.0 0 148,340.0

B. Depot and Access Line - Phase 2 156 156 0 90 21 30 21,824.6 0 21,824.6

1 Depot 156 156

0 90

21 30 13,552.6 0 13,552.6

2 Access Line 0 8,272.0 0 8,272.0

C. High voltage 110kv (Chem - Ha Dong) 4 4 0 0 0 0 190.0 0 190.0

1 Phuc Dien 4 4 0 0 0 0 190.0 0 190.0

D. Viaduct and elevated station 2 0 2 0 0 0 325.9 0 325.9

1 CP01&CP02 2 0 2 0 0 0 325.9 0 325.9

E. Underground station 164 145 19 109 109 56 33,454.02 17,612.10 15,841.92

1 S9 15 13 2 8 8 13 12,911.32 5,321.20 7,590.12

2 S10 30 23 7 20 20 10 7,608.70 4,189.90 3,418.80

3 S11 66 62 4 43 43 18 6,957.00 3,309.20 3,647.80

4 S12 53 47 6 38 38 15 5,977.00 ,791.80 1,185.20

F. Tunnel section11 0.00 0.00 0.00

Source: Internal resettlement monitoring reports of DCARBs and MRB.

11 Official data will be updated after the RP for the tunnel has been approved.




5.2. Land acquisition in major areas:

56. Among the total of 204,134.52 m2 of land acquired by the Project, 17,612.1 m2 are

public land including sidewalks, traffic land... which are not compensated; and 186,522.42

m2 of land are used by AHs, individuals and agencies. By the end of Q1/2021, the total area

acquired for the project is 186,464.8 m2 (accounting for 99.97%). The remaining area of the

AHs that has not yet been acquired is 57.62 m2, including: in S9 (additional acquisition land)

it is 27.32 m2 (of 03 AHs) and in S11 it is 30.3 m2 (of 02 AHs). Thus, in Q1/2021, no land

area is acquired. The data are detailed in Table 4 below.

Table 4: Summary of land acquisition

No. Wards/ Communes/

Stations

Total affected land area (m2) Total area of acquired land (m2)

Total Public

land

Land of AHs

and

agencies

Acquired by the end

of Q1/2021 Acquired

in

Q1/2021

Still to

be

acquired Quantity Rate (%)

A Depot and Access Line - Phase 1:

1 Tay Tuu, Xuan

Phuong 148,340.00 0.00 148,340.00 148,340.00 100.00 0.00 0.00

Total A 148,340.00 0.00 148,340.00 148,340.00 100.00 0.00 0.00

B Depot and Access Line - Phase 2:

1 Depot 13,552.60 0.00 13,552.60 13,552.60 100.00 0.00 0.00

2 Access Line 8,272.00 0.00 8,272.00 8,272.00 100.00 0.00 0.00

Total B 21,824.60 0.00 21,824.60 21,824.60 100.00 0.00 0.00

C High voltage 110kv (Chem - Ha Dong)

1 Phuc Dien 190.00 0.00 190.00 190.00 100.00 0.00 0.00

Total C 190.00 0.00 190.00 190.00 100.00 0.00 0.00

D Viaduct and elevated station

1 CP01&CP02 325.90 0.00 325.90 325.90 100.00 0.00 0.00

Total D 325.90 0.00 325.90 325.90 100.00 0.00 0.00

E Underground station (CP03)

1 S9 12,884.00 5,321.20 7,562.80 7,562.80 100.00 0.00 0.00

Additional LA of S9 27.32 0.00 27.32 0.00 0.00 0.00 27.32

2 S10 6,993.00 4,189.90 2,803.10 2,803.10 100.00 0.00 0.00

Additional LA of S10 615.70 0.00 615.70 615.70 100.00 0.00 0.0

3 S11 6,957.00 3,309.20 3,647.80 3,617.50 99.17 0.00 30.30

4 S12 5,977.00 4,791.80 1,185.20 1,185.20 100.00 0.00 0.00

Total E 33,454.02 17,612.10 15,841.92 15,784.30 99.64 0.00 57.62

Total 204,134.52 17,612.10 186,522.42 186,464.80 99.97 0.00 57.62





57. Under the direction of HPC and the urging of ADB, the plan for the land acquisition

progress of four underground stations (S9, S10, S11 & S12) has been urgently coordinated by

MRB with the stakeholders. However, by the end of Q1/2021, still some outstanding issues

have not been resolved at S9 and S11 on the South (For details see Section 9.3, Chapter IX

and Table 20 this Report), so the land acquisition progress plan has been adjusted to hand

over partially where land is acquired according to agreed content at the meeting of HPC, ADB

and MRB. The details of MRB's adjusted partial handover plan for the remaining land area are

as follows:

Table 5: Adjustment plan for partial handover

No. Works/

Station District

The deadline for

handing over

land to the

contractors

Actual

situation until

the end of

Q1/2021

Adjusted

handover

deadline

Remaining

area not

handed over

(m2)

1 S9 - on the South

Additional LA Ba Dinh Q1/2020 unfinished Q2/2021 27.32

2 S11 - on the South

Exiting LA Dong Da Q1/2020 unfinished Q2/2021 30.3

Total 57.62


5.3. Additional land acquisition for S9 and S10:

58. The compensation, support and resettlement for additional acquisition land for

underground stations will comply with the provisions of the approved RF and the uRP.

Additional support policies for the AHs that are acquired several times have been reviewed

before the compensation plans are prepared 12. The total area of additional acquisition land is

643.02 m2, of which 264.62 m2 land used by households and 378.40 m2 is used by

organizations.

59. The DONRE has updated the land use plan for the additional acquisition area of S9

and S10 to submit to the People's Council of Hanoi city for approval. At the same time, since

July 2018, MRB has worked with local authorities to implement the consultation and

12 The Ba Dinh DPC issued Official Letter No.2254/UBND-DSDT dated October 12, 2018 requesting the HPC to

approve additional support for the affected households whose land is acquired several times. The HPC issued

Official Letter No.8550/VB-GPMB dated October 30, 2018 to assign the DONRE to preside over and coordinate

with the DOF, the DOC and the related units to inspect and guide Ba Dinh DPC to carry out the land acquisition

and compensation and support according to the regulations, ensuring synchronous policies in the city. The

DONRE issued Official Letter No.2855/STNMT-CCQLDD reporting the HPC on the proposal to support the site

clearance policy for AHs whose land is acquired several times, support for house renting and support for business

production for business households, for the households with additional land acquisition.




information disclosure, DMS and preparation of compensation, support and resettlement

plans for AHs.

60. On March 27, 2021, the ADB approved and published the RP Addendum/DDR on the

ADB website relating to the additional land acquisition in S9 and S10. According to Table 6

this RP Addendum/DDR, there are still some allowances that need to be implemented/

update information as follow:

No Contents No. of AHs/ Organization Timeline

1 Support for affected

businesses

10 Q2/2021

2 Bonus for on-time handover 21 Q2/2021

3 Support for employees due to

their income interrupted by

the construction

19 employees

Up to now, 19/19 laborers have received

this support. The details of the paid support

(calculation basis, assessment of the

adequacy of this support) and supporting

documents (e.g. sample payment receipts)

will be included in the Report of Q2/2021

after MRB provides with full information.

N/A

61. For this additional second land acquisition (for original AHs whose land was acquired

for the first time), MRB cooperated with DPC of Ba Dinh and Dong Da, WPCs and concerned

organizations and mass organizations publicly apologized in writing to each AH and

organization that was acquired in the first time and acquired in the second time. MRB also

coordinated with DPCs and Consultant Systra to publicly organize the planning, demarcation

and hand over the land acquisition landmarks for the Contractor CP03, DCARBs and send

land acquisition notices to 15 AHs. The details of additional LA are shown in Table 6 below.

Table 6: Additional land acquisition for construction at S9 and S10

Stations

Grand total

No. of AHs/ agencies

No. of AHs

(to be acquired

both times)

No. of Agencies/

organizations (to

be acquired both

times)

LA area Total

Paid LA area Amount LA area Amount

Total Recovered AHs Agencies

S9 27.32 0.00 4 1 0 27.32 4 0 0

S10 615.70 615.70 17 11 6 237.30 11 378.40 6

Total 643.02 615.70 21 12 6 264.62 15 378.40 6


62. The approved total number of compensation and support plans is 21 plans (including 15

AHs and 06 affected organizations). In June 2019, the plans were publicly announced and sent




directly to AHs and organizations. However, due to some problems relating to AHs on the

design of Ventilation system at Station S9 that need to be reviewed and the resettlement policy

for AHs due to the second land acquisition should be considered. Therefore, the land

acquisition plan has been adjusted.

63. As of Q4/2020, the districts have paid compensation and support for 12/15 AHs and

6/6 organizations for the additional land acquisition. No compensation and support were

provided in Q1/2021. The remaining 3/15 AHs will be paid in Q2/2021. The acquired land

area is 578.60 m2, of which 142.68 m2 of land is owned by AHs and 378.40 m2 of land used

by the organizations, and only the remaining in S9 is 27.32 m2 of land is owned by the AHs

has not been recovered.

5.4. Structures of households encroached on elevated station (S4, S5 and S7)

64. All households who have structures encroached at the construction areas of S4, S5

and S7, were affected due to NH32 Expansion Project and the compensation for them was

paid. However, after NH32 was completed, they continued building, installing structures

illegally on this public land/sidewalk/ clearance within the right of way of Hanoi Metro Line 3

Project. MRB has worked closely with the local leaders (Bac Tu Liem district, Cau Giay

district and relating wards) to invite all households involved to announce the illegal

reclamation of public land. After being mobilized and explained, all households were aware

of their illegal encroachment and voluntarily demolish their encroached structures. According

to MRB, the performance results in the reporting period are as follows:

- The total number of encroachers: 76 households (of which, S4: 59 HHs, S5: 01

Organization, S7: 16 HHs). List of house numbers please refer to Section 3.5, Appendix 3;

- The total number of households that have dismantled themselves to return to the status

quo before encroachment: 75 households (of which, S4: 59 HHs, S5: 01 HHs, S7: 15HHs);

- Not dismantled yet: 01 HH lives in No. 269 Cau Giay Street - Staircase No.4, S7. MRB

is cooperating with DPCs and WPCs to continue persuading and negotiating the household

to implement the self-dismantlement. However, the household requested too high support

money, so the plan of cash support until the end of Q1/2021 is not feasible. As mentioned in

the previous report, the MRB has required the construction contractor to take technical

measures to narrow the scope of the foundation to avoid demolition. According to the MRB,

the technical measures have been carefully considered by the Consultant and the Contractor

and will apply for the construction in Quarter 2/2021. Thus, the household will not demolish

the entire encroachment structure but only dismantle the front billboard.

65. The Consultant did a field survey at the stations: S4, S5 and S7, and confirms that by

the end of Q1/2021, apart from the household at 269 Cau Giay street above, the

encroachment by other households has been completely addressed. All stations have been

basically constructed. The barrier system has been dismantled. The sidewalks are under

construction. The households can move, live and do business as normal. For 03 households

and 01 organization interviewed in the previous report, by the time of preparing this report, all

of their activities of living and production and business have been returned to normal.




66. The Consultant's views and recommendations on this issue are as follows:

- According to the content consulted with the households, the Consultant found that

households were aware that the encroachment on NH32 right of way is not correct and it is

appropriate to the law for them to recover the status quo by themselves. The advocacy and

explanation have been fully implemented by MRB in coordination with the People's

Committees of the wards and the stakeholders to each household and organization.

- From observing the site, the Consultant found that the main encroachment works are

advertising sign boards of shops, corrugated iron roofs, mobile canopies, encroaching on the

space from the 2nd floor upwards. The main material includes iron frame and canvas, so the

dismantling is not difficult. Except the case of Nguyen Huy Ha at 400 Ho Tung Mau street

(S4) that has cut off the encroachment wall to return the ground to the project and the

household at 269 Cau Giay Street (S7) that has not dismantled as mentioned above.

- Through discussions with local authorities, we found that although determining that

encroachment by the households is illegal, the local authorities has been actively

coordinating with MRB, under the direction of HPC, to persuade the households to voluntarily

dismantle their encroachment works and till now they have been basically completed.

Particularly, for the household on 269 Cau Giay street, the Ward People's Committee is

continuing to work closely with MRB to continue to inform about technical measures to

minimize the impact of the project on the households.

- The living and production and business activities of the households and organizations

have become normal. However, it is necessary to consider their request from seven

households for support for the damages caused by the temporary suspension of production

and business during the construction period as mentioned in the previous report.




VI. APPROVAL OF COMPENSATION, ASSISTANCE AND PAYMENT

67. The compensation, support and resettlement plan after being made was publicized for

20 days as prescribed and sent to all AHs and each AHs, in coordination between MRB with

the DPCs and the DCARBs. All questions and recommendations of AHs were promptly

reviewed and answered by the professional staff. The compensation and payment were

carried out in accordance with the procedures and paid directly once to the AHs at the

headquarters of the WPCs at least one month before the construction started. The

compensation replacement cost was applied according to the unit prices issued by HPC for

all affected assets and acquired land. The specific analysis about the price lists is as follows:

- For land prices in Hanoi city areas, when we compared 03 decisions of HPC, we found

that the unit prices were significantly increased to match the market prices as shown in:

No.96/2014/QD-UBND dated 29th December, 2014; No.19/2017/QD-UBND dated 30th May,

2017 (for the period of 2015 - 2019); and the newest No.30/2019/QD-UBND dated 31st

December, 2019 (for the period of 2020 - 2024).

- For the construction prices of new houses, temporary houses and structures, 03 decisions

of HNPC show that the unit prices were adjusted annually to match the market prices, including:

No.02/2016/QD-UBND dated 21st January, 2016; No.06/2017/QD-UBND dated 03rd March,

2017; and No.18/2019/QD-UBND dated 14th October., 2019.

- The above compensation unit prices after being issued were publicly announced. For

the project, the information about the unit prices was promptly informed to each affected

household together with the compensation and support plans for them as well as disclosed in

community meetings and posted on the notice boards of the ward people's committees.

68. By the end of Q1/2021, all AHs and organizations have been approved with the

compensation, support and resettlement plans in accordance with the Project's Policy.

Particularly for Package CP03, the DCARBs have approved 188/188 compensation and

support plans for 145 AHs and 19 organizations. On the other hand, payment of

compensation and support to AHs and organizations has been basically completed. In

particular with additional affected households and organizations at S9 and S10.

6.1. Households and agencies receiving compensation and support

69. By the end of Q4/2020, among 555 households/organizations affected by the project

(534 AHs and 21 agencies, excluding the number of households suffering from the second

land acquisition, to be presented in the following pages), 530 AHs and 21 organizations

received full compensation and support (99.3%) and there are still 5 AHs who have not yet

received compensation and support. Thus, in the first quarter of 2021, there was no

household receiving compensation money.

70. The MRB has been cooperating with the DPCs, DCARBs and local agencies to

continue persuading and assisting the completion of the related procedures for these 05 AHs

who have not yet received compensation and support money. 05 AHs include: 03 AHs at S9

(including 02 AHs in the first and second LA, and 01 AH the first LA), and 02 AHs in S11.




71. For the additional land acquisition 13 at S9 and S10, 12/15 AHs and 6/6 affected

organizations have received compensation and support, and the remaining 3/15 AHs are still

being considered for compensation payment (Table 20 will show the causes of this problem)

due to the following reasons: (i) Procedures for merging new land assets of 01 AH with the

remaining assets 14 and 02 AHs have problems with procedures to receive compensation

(S9); (ii) 02 AHs (at the same home at 23 Quoc Tu Giam) has requested to assess the

bearing strength of the house after being partially cut/ acquired15 (S11).

6.2. Approval of compensation, support and payment plans

72. By the end of Q1/2021, the total cost of compensation, support and resettlement

approved for the Project is VND 678,281,285,220, of which VND 663,451,077,082 have been

paid and VND 14,830,208,138 have not been paid. Except Package CP03, other packages

have been paid 100% for all affected households and organizations.

73. The approval amounts for the compensation, support and resettlement plans till the end of

Q4/2020 are VND 678,281,285,220. Thus, there are no more compensation plans approved in

Q1/2021.

74. For Package CP03, the total approved compensation, support and resettlement cost is

VND 605,754,310,223, of which VND 590,924,102,085 have been paid and VND

14,830,208,138 have not been paid. However, due to many problems arising such as

inheritance procedures and bearing strength assessment of the whole house before the

partial truncation, it is impossible to complete the payment of compensation, support and

resettlement according to the plan. Therefore, the payment plan will be postponed to

Q2/2021. Currently, MRB and the DCARBs are continuing to persuade and willing to pay

compensation, support and resettlement right after there is the consent of the AHs.

75. The details of receiving compensation and support are shown in Table 7; and the

summary of the cost that have been paid to the affected households and organizations is

detailed in Table 8 below:

13 The total number of AHs and agencies that have not received compensation and support money does not

include additional land acquisition households in Station S9 and Station S10 due to double affection.

14 This procedure means: According to HPC current regulations, if the remaining land area of a land plot after the

acquisition is less than 30m2, it will be fully acquired. However, that household bought an adjacent area of land so

that it wouldn't be acquired and went through the process of merging into a plot of land and applying for a LURC,

and result in delay in handing over land to the project.

15 MRB hired an independent consultant (Song Da Thang Long Joint Stock Company) to perform the assessment

at the request of the AH. AH is Mrs. Nguyễn Kinh Anh, No, 23 Quoc Tu Giam street, Văn Chương ward, Dong Da District (Detail in Para 95 Item 9.3 Chapter IX)




Table 7: Summary of approving compensation plans and payment for affected households and organizations

No. Wards/ Communes/ Stations

Total AHs and organizations (Org.) and approving compensation

plans

HHs and organizations that received compensation and

support payment in the Q1/2021

HHs and organizations that received compensation and support payment by the end

of the Q1/2021

HHs and organizations that have not received

compensation and support

Total Org. HHs Org. HHs Org. HHs % Org. HHs Total

Total (A+. . . +F) 555 21 534 0 0 21 530 99.3 0 4 4

A Depot and Access Line - Phase 1 229 0 229 0 0 0 229 0 0 0

1 Tay Tuu and Xuan Phuong 229 0 229 0 0 0 229 100.0 0 0 0

B Depot and Access Line - Phase 2 156 0 156 0 0 0 156 0 0 0

1 Depot 156 0 156 0 0 0 156 100.0 0 0 0

2 Access Line

C High voltage 110kv (Chem - Ha Dong) 4 0 4 0 0 0 4 0 0 0

1 Phuc Dien 4 0 4 0 0 0 4 100.0 0 0 0

D Viaduct and elevated station 2 2 0 0 0 2 0 0 0 0

1 CP01&CP02 2 2 0 0 0 2 0 100.0 0 0 0

E Underground station 164 19 145 0 0 19 141 97.6 0 4 4

1 S9 15 2 13 0 0 2 11 86,7 0 2 2

S9 – additional LA 4 0 4 0 0 0 1 25.0 0 3 3

2 S10 30 7 23 0 0 7 23 100.0 0 0 0

S10 – additional LA 17 6 11 1 1 6 11 100.0 0 0 0

3 S11 66 4 62 0 0 4 60 97.0 0 2 2

4 S12 53 6 47 0 0 6 47 100.0 0 0 0

E Tuner section 16


16 Official data will be updated after the RP for the tunnel has been approved




Table 8: Summary of compensation and support

Unit: VND

No. Wards/ Communes/ Stations

Total value of

compensation

approved

Total compensation

value unpaid in

Q1/2021

Total compensation value paid

to the end of Q1/2021 Total unpaid value

Value %

A. Depot and Access Line - Phase 1 42,900,000,000 0 42,900,000,000 0

1 Tay Tuu and Xuan Phuong 42,900,000,000 0 42,900,000,000 100 0

B. Depot and Access Line - Phase 2 28,914,525,857 0 28,914,525,857 0

1 Depot 28,914,525,857 0 28,914,525,857 100 0

2 Access Line

C. High voltage 110kv (Chem - Ha Dong) 272,449,140 0 272,449,140 0

1 Phuc Dien 272,449,140 0 272,449,140 100 0

Total C 272,449,140 0 272,449,140 0

D. Viaduct and elevated station 440,000,000 0 440,000,000 0

1 CP01&CP02 440,000,000 0 440,000,000 100 0

E. Underground station 605,754,310,223 0 590,924,102,085 14,830,208,138

1 S9 46,099,763,853 0 34,355,297,335 74.5 11,744,466,518

2 S10 139,418,300,260 0 139,418,300,260 100 0

3 S11 294,802,226,111 0 291,716,484,491 99 3,085,741,620

4 S12 125,434,019,999 0 125,434,019,999 100 0

F. Tuner section 0 0 0 0

Total (A+ B + C + D + E + F) 678,281,285,220 0 663,451,077,082 97.8 14,830,208,138





VII. RESETTLEMENT AND RELOCATION OF PUBLIC WORKS

7.1. Preparation of resettlement sites

76. For the preparation of the resettlement site for land acquisition of area for construction

the area of Depot and Access Line (Phase 2): The adjacent land areas of TT6.1A and

TT6.1C, the site has been cleared and invested with synchronous infrastructure according to

the Vietnamese standards and qualified to hand over to the AHs. The procedures for housing

construction permit and land use right certificates will be supported and facilitated by the

local authorities as soon as the households receive the hand-over of land.

77. For the preparation of resettlement housing fund for land acquisition in package CP03

(Area for construction of underground stations): HPC approved the construction of the

Resettlement House Fund - Building N07 with an area of 5.3 ha in Dich Vong, Cau Giay

district and the Resettlement House Fund of high-rise building of the Site Clearance Project

at Ao Hoang Cau, Dong Da district to relocate AHs of the Project 17. With the total of 170

apartments qualified for resettlement for the AHs and for immediate handover, including: (i)

51 apartments in Building N07 with an area of 5.3 ha in Dich Vong ward, Cau Giay district,

and (ii) 119 apartments in Building CT2 in Ao Hoang Cau, Dong Da district. The details of

apartment area and number are described in Table 9 below.

Table 9: Locations, areas and number of apartments to be arranged for

resettlement HHs

Buildings Addresses Total

apartments In which

(apartments) The area of each apartment (m2)

N07 Dich Vong ward, Cau Giay district

51 25 59.50

13 79.45

13 59.87

CT2 Ao Hoang Cau, Dong Da district

CT2-A

60

15 59.46

15 59.41

15 59.30

15 63.61

CT2-B 24 8 67.67

8 52.77

8 57.99

CT2-C 35 9 62.09

13 68.67

13 70.80

Total 170


78. HPC has assigned relevant DPCs to publicly announce the locations of the

resettlement sites serving the AHs who are relocated by the Project. At the same time, the

DCARBs have organized many visits for HHs to visit the resettlement sites for their choice.

17 Follow official letter No.9502/UBND-XDGT dated December 04, 2014 and No.4920/UBND-XDGT dated July 17,

2015 of HPC; and official letter No.2010/SXD-PTN date March 22, 2016 of DOC




79. MRB coordinated with DCARBs have also organized a public draw for resettlement

apartments (including lease purchase). For AHs that have been allocated with resettlement

apartments, MRB and DCARBs will coordinate with the DONRE, Land use right registration

office, Department of Construction to complete relating documents and submit them to HPC

to issue house sale decisions and house ownership certificates as prescribed.

7.2. Resettlement and stabilization of displaced households

80. To the end of Q1/2021, a mong 199 AHs to be relocated by the project, 130 AHs are

eligible for the resettlement arrangement (21 AHs in Depot and Access Line and 109 AHs in

Package CP03) 18, and the remaining 69 AHs are not eligible for the resettlement arrangement.

81. Among 130 AHs that are eligible for the provision of land plots or resettlement

apartments, 21 AHs in Tay Tuu ward are provided with resettlement land in Xuan Phuong

resettlement site, Bac Tu Liem district; and 109 AHs in Ba Dinh district, Dong Da district and

Hoan Kiem district are provided with resettlement apartments in Ao Hoang Cau Building in

Dong Da district and Building N07 in Cau Giay district. By the end of Q4/2020, 130/130 AHs

eligible for resettlement have been handed over the land plots or resettlement apartments.

All AHs who have been handed over land plots or resettlement apartments have been

granted with LURC.

82. For 21 AHs eligible to receive resettlement land affected by Phase 2 (Depot and

Access Line): Bac Tu Liem DCARB has completed the handover of resettlement land to

them in Xuan Phuong resettlement site. The resettlement site has been built with adequate

national standard infrastructure, located near the school and is not far from the place where

the land is acquired for the project, so it does not significantly affect the lives of the AHs. In

the previous reporting period, when we interviewed 02 AHs, they informed that the water

supply system was incomplete, but in this reporting period, we found that the water supply

system was completed. The survey results also showed that 16/21 AHs sold their

resettlement plots right after they are provided and living in other places or move to where

their families have land

83. All 109 AHs in Package CP03 have been handed over with resettlement apartments19,

of which 09 AHs are affected by S9, 19 AHs affected by S10, 43 AHs affected by S11, 38

AHs affected by S12.

84. For 69 AHs who are relocated but cannot afford to arrange resettlement, according to

HPC's direction, it is necessary to review the conditions to ensure the stabilization of the AHs

and avoid long-term complaints (this content is detailed in Item a, Section 9.2, Chapter 9).

18 In Q2/2020, there are 3 more AHs eligible for resettlement, including 02 AHs in Station S9 and 01 AH in Station

S10 (including additional land acquisition).

19 For receiving relocation apartment should follow some steps: (i) HHs agree with compensation plan; (ii) HHs

agree to handover the land and receive the compensation (DCARBs will deduct the amount for buying relocation

apartment in the compensation amount); (iii) DPCs submit documentations and transfer relocation payment to

DOC; (iv) DOC reviews the documentations and submit to HPC for approval and issue Decision for selling

relocation apartments; (v) HHs register permanent residence at the local police to prepare for electricity and water

contracts; (vi) send documents to DONRE for LURC.




85. The relocation status of the AHs is detailed in Table 10 below:

Table 10: Resettlement status of the AHs

No. Wards/ communes/ stations No. of

relocated HHs

No. of AHs eligible for

resettlement

No. of AHs who received

land/ resettlement

apartments in Q1/2021

No. of AHs who have received

their land/ resettlement

apartments to the end of Q1/2021

No. of AHs that have

not received resettlement

land/ apartments

Total 199 130 0 130 0

A Depot and Access Line - Phase 1

0 0 0 0 0

1 Tay Tuu and Xuan Phuong 0 0 0 0 0

B Depot and Access Line - Phase 2

90 21 0 21 0

1 Depot 90 21 0 21 0

2 Access Line

C Underground 110kv high voltage line (Chem - Ha Dong)

0 0 0 0 0

1 Phuc Dien 0 0 0 0 0

D Viaduct and elevated station 0 0 0 0 0

1 CP01&CP02 0 0 0 0 0

E Underground station (CP03) 109 109 0 109 0

1 S9 8 8 0 8 0

Additional LA of S9 1 1 0 1 0

2 S10 18 18 0 18 0

Additional LA of S10 1 1 0 1 0

3 S11 43 43 0 43 0

4 S12 38 38 0 38 0


7.3. Relocation of public works

86. MRB has been proactively coordinating with the governing bodies in the entire process

of construction and relocation of underground structures to meet the handover progress of

the site and the construction plan for each phase of the contractor as proposed. At the same

time, MRB closely coordinated and exchanged information with the People's Committees of

the districts and wards to make the most favourable for the public works managing agencies

in the process of relocation and re-arrangement of public works.

87. Till the reporting period, public facilities such as electric poles, transmission lines,

communication lines, public structures and other public facilities have been basically

dismantled and replaced by new ones to hand over the site for the Project. The relocation and

demolition of the executing agencies met the construction progress of the Project and the

standards and regulations of the management agencies.




VIII. INCOME RESTORATION

88. The income restoration activities for affected households have been timely

implemented by MRB in coordination with DPCs, DCARBs in accordance with the policy

applied to the Project. The income restoration activities have helped AHs to stabilize and

restore their lives soon after the compensation. Although some activities have not been fully

implemented due to many objective reasons, it shows efforts of HPC, MRB and DPCs within

their responsibilities. For the impacts on livelihoods, production and business caused by the

project construction, it is necessary to carefully identify them and the Independent Consultant

with extensive experiences should find out appropriate mitigation solutions.

8.1. For AHs at the Depot and Access Line (Phase 1)

89. The Income Restoration activities in Phase 1 was implemented between 2006 and

2008, and the land acquisition was only on agricultural land of Tu Liem DPC (now is Bac Tu

Liem DPC).

Table 11: Support for income restoration of AHs (Depot and Access Line Phase 1)

Items Decision by HPC Status Plan

Support

for AHs

due to

previous

land

acquisition

at the

affected

area

AHs that were acquired over 30% of agricultural land

were entitled to cash support for occupation change

training and the support amount for occupation

training and occupation change is 25,000 VND/m2.

52 AHs

Completed N/A

The Prime Minister issued Letter No. 1442/VPCP-NN

dated March 6, 2021, clearly directing: “Assign MONRE to guide HPC to implement the above

support in accordance with the regulations. In case

the problems are not yet solved, MONRE presides

over and coordinates with HPC to propose plans to

the Government to consider and decide”.

83 AHs

Not

Completed

Q2/2021


8.2. For AHs in Depot and Access Line (Phase 2)

90. The Income Restoration Activities in Phase 2 was implemented from in 2014 and

ended in 2016 in accordance with the policies of the uRP approved for the Depot and Access

Line (Phase 2). The Bac Tu Liem DPC developed an income restoration plan applying the

RF/uRF, RP/uRP for the underground stations section for the AHs. The Bac Tu Liem DCARB

made plan and decision and paid 100% payment those supports to AHs.




91. The policy to support stabilization and job change was applied according to Decision

No.23/2014/QD-UBND dated June 20, 2014 and Document No.3855/UBND-DT dated 28

June 2016 by HPC. Please see the detailed in Table 12:

Table 12: Support for income restoration of AHs (Depot and Access Line - Phase2)

Kinds of support 20 Status Plan

Support for job change by 5 times of agricultural land prices based on

the unit prices stipulated

Completed N/A

Support for living stabilization equal to 2,160,000 VND/person Completed N/A

The AH members who have completed the vocational training with

graduated certificates are supported with cash which equals to

7,000,000 VND/person for tuition and 4,650,000 VND/person for

buying practical toolkits

Completed N/A

Support for vulnerable AHs Completed N/A

Support for directly operating business without business license Completed N/A

Support on stabilization of production and business Completed N/A

Displacement support/ transportation allowance Completed N/A

Support for rental allowance Completed N/A

Support for self-relocating No (No AHs

choose self-

relocating)

N/A

Bonus for timely handover of land Completed N/A


92. The livelihood restoration policies based on the uRP in relation to the Depot and

Access Line - Phase 2, include:

Table 13: Support follow uRP of AHs (Depot and Access Line - Phase2)

Items Provisions in the uRP Status Plan

Supporting the

connection of

microfinance

loans to AHs

Supporting the connection of microfinance loans to

HHs affected by the construction of the Depot and

Access Line so that they can re-establish shops at

suitable locations or rebuild houses for rent. The DPC

has widely communicated the microfinance support in

policy banks for the HHs in each WPC. HHs that are

interested can directly go to the policy banks at the

WPCs where they live to get advice of bank staff on

preferential loans with very low interest rates and get

facilitated the preparation of loan documentation

Completed N/A

20 Decision No.23/2014/QD-UBND dated 20/6/2014 and Document No. 3855/UBND-DT dated 28/6/2016 of HPC.




Items Provisions in the uRP Status Plan

Prioritize the

recruitment of

the project

construction

and operation

for those of

both gender

who are

interested in

and capable

enough

MRB coordinates with the Metro Operations Company

and directs the construction contractors to take specific

recruitment plans which are favorable to the project

AHs. The recruitment information is publicly announced

on the mass media and notified to the WPCs where

there are AHs. The WPCs will notify AHs and guide

them to apply for jobs. Employees/workers recruited by

the Metro Operations Company have been sent to

China to study and will return to work in the project

operation phase

Completed N/A

For vocational

training of the

state

programs

The DPC have made public information on vocational

training courses to all project AHs. However, up to the

time of the report, there have been no cases registered

to participate in the vocational training courses. The

reason may be that they already have their own jobs

and are not interested in that

Completed N/A


93. Please see the detailed implementation results in Table 14 and Table 15:

Table 14: Payment for the AHs belonging to the vulnerable group (Depot and Access Line)

No. Wards (Bac Tu Liem

district)

No. of AHs

eligible to receive

support

No. of AHs

received

support

The remaining AHs

that have not

received support

1 Minh Khai 3 3 0

2 Tay Tuu 25 25 0

Total 28 28 0


Table 15: Payment for support production and business stabilization (Depot and Access Line)

No. Wards (Bac Tu Liem

district)

No. of AHs

eligible to receive

support

No. of AHs

received

support

The remaining AHs

that have not

received support

1 Minh Khai 6 6 0

2 Tay Tuu 23 23 0

Total 29 29 0





8.3. For HHs affected by tunnels and underground stations (CP03)

94. The Income Restoration Policy for the HHs affected by the tunnels and the

underground stations has been implemented by MRB and the DCARBs in accordance with

the agreed regulations for the Project Resettlement Plan (RP) and its annexes. Table 16

below shows the details of the benefits that have been exercised and performance

evaluation.

Table 16: Support for income restoration of AHs in CP03

Items Provisions in the uRP Status 21 Plan

Support for

AHs due to

previous land

acquisition at

the affected

area

145 AHs

The HHs whose only land was previously affected and

houses were partly demolished (partly cut out) without

relocation, now affected again (partly cut out) but without

relocation: Assistance by 1,000,000 VND/m2.

The HHs whose land was previously affected (cut out or

relocated), now totally affected and have to relocate:

Assistance by 80,000,000 VND/land owner.

Yes/

Ongoing

Q2/

2021

Support for

relocating

houses and

assets

109 AHs

Cash assistance is 5,000,000 VND/HH if relocating within

the city; 8,000,000 VND/HH if relocating to other

provinces/cities

Yes/

Ongoing

Q2/

2021

Support for

livelihood

stabilization

145 AHs

Cash assistance is equivalent to 30kg of

rice/person/month for all family members

- For 3 months for the AHs whose houses are partly

affected

- For 6 months for the AHs whose houses are fully

affected

Yes/

Ongoing

Q2/

2021

Support on

stabilization

of production

and business

56 AHs

- For HHs who are leasing their house out for business: (i)

30% of annual income after tax according to the average

income of 03 continuous years if the HHs have

registration and pay tax for income from leasing out of the

house or business; (ii) 2,500,000 VND/HH if the HHs have

no registration and do not pay tax for the income from

leasing

- For HHs having business with license affected and

having to relocate: (i) Assistance in cash equivalent to

30% annual income after tax according to the average

Yes/

Ongoing

19 AHs

have

received

this

support.

Still 37

AHs

have not

Q2/

2021.

Para 95

21 05 remaining AHs have not yet received the compensation as mentioned in 6.1, 6.2 and Table 7, Table 8 and Table 20.





income of 03 continuous years; (ii) Assistance for

transportation of goods to the new location; (iii)

Assistance for costs of finding the new relocation to re-

establish business.

- For HHs having business without license affected and

having to relocate: 2,500,000 VND/HH

yet

received

this

support.

- Assistance for vocational trainings and employment for

the affected production, business households who have to

relocate: all members of the HHs who are in labor age

and unemployed shall be offered a free vocational training

course

- Cash assistance to find job or to purchase equipment for

establishing business: 4,650,000 VND/person

Yes/

Ongoing

Q2/

2021

Support for

rental

allowance

109 AHs

- For the HHs who have to relocate and are eligible to be

compensated on land and house, registered for relocating

to resettlement apartments: 1,000,000 VND/person. The

assistance period is calculated from the time when

affected land is handed over to the time of having the

notice of receiving the apartment

- For the HHs opt to self-relocate: 1,000,000 VND/person

for 3 months

Yes/

Ongoing

Still 05

AHs

have not

yet

received

this

support.

Q2/

2021

Support for

self-relocating

0 AHs

Assistance by cash, calculated by the formula: T= Stdc x

G x 0.3, in which:

- T: Assistance amount for self- relocation

- Stdc: Area of apartment as in the individual resettlement

plan approved by DPCs (m2)

- G: Average selling unit rate of the apartment approved

by DOC in the relocating building of the Project (VND/m2)

No (No

AHs

choose

self-

relocatin

g)

Q2/

2021

Support for

the house

renters

Cash assistance is VND 500,000/renting contract (Para

80)

Not yet Q2/

2021

Para 94

Bonus for

timely

handover of

land

145 AHs

- For AHs whose residential land is totally or partly

acquired but their houses are totally demolished (i)

30,000,000 VND/HH if land is handed over within 01 day

from the date of receiving compensation and support; (ii)

20,000,000 VND/HH if land is handed over within 04 days

from the date of receiving compensation and support; (iii)

15,000,000 VND/HH if land is handed over within 05 days

Yes/

Ongoing

Still 05

AHs

have not

yet

received

Q2/

2021





from the date of receiving compensation and support; (iv)

10,000,000 VND/HH if land is handed over on the

required land-handover date.

- For AHs whose land is partially acquired: Cash

assistance is 500,000 – 2,000,000 VND/m2 depending on

the time of handover

this

support.

Assistance for

the State

owned

agencies and

organizations

who have

land acquired

- Cash assistance for the actual movement relating costs

- Assistance for renting of the workplace while waiting for

the new relocation arranged by the City.

Yes/

Ongoing

Q2/

2021


95. With regards to the support the people who rent affected houses, up to the reporting

time there have been no AHs coming to receive support, even a multiple of communication

and notifications of local government. According to the people's committees of the wards,

right after receiving the notices of land acquisition, the households that rented houses in the

construction area moved to other places to rent houses and stabilize their business and living

activities. By the time of compensation, the tenants had moved out of the area. The MRB

affirmed that up to now, all wards cannot find the tenants to pay this subsidy.

96. Regarding the support of business stabilization: In Q4/2020, there are 04 AHs have

received business support, however in total of 56 business AHs by Package CP03, there are

19 AHs have received business support (of which 12 AHs in S9; 03 AHs in S10 and 04 AHs

in S12, Hoan Kiem district) and the remaining 37 AHs have not received. MRB has been

working closely with HPC22, Hanoi Tax Department23, and the Tax Departments of Ba Dinh,

Dong Da and Hoan Kiem districts to request the Tax Departments of Hoan Kiem24, Ba Dinh

and Dong Da districts25 to confirm the average income of business AHs. The determination of

average income is currently challenging due to the current tax method of the Tax Authority

on the households, which is presumptive tax. In order to ensure the rights and equity of the

22 Official Letter No.2281/UBND-TNMT dated April 8, 2015 regarding the supplementary support policy (applied to

the underground part), including the support for the stability of production and business for business households

that have registered or unregistered business or tax-free. 23 Official Letter No.67423/CT-QLD dated 13/10/2017 requesting the Tax Departments of Ba Dinh, Dong Da and

Hoan Kiem districts to confirm the average income after tax of business households. 24 The Tax Department of Hoan Kiem district has sent Official Letter No.14935/CCT-CN-THD dated Aug 1, 2018

to Hoan Kiem District Investment Project Management Board to confirm the average income after tax of 12 AHs. 25 On May 20, 2019, the MRB sent an Official Letter No.1032/DDDT-THDA1 to the Tax Department of Dong Da

district, requesting the determination of the average income after tax for households doing business in the site

clearance area for the construction of the underground station S10 of Hanoi City Railway Project. But so far, the

MRB has not received a response from the Tax Department of Dong Da district.




remaining 37 AHs, MRB will coordinate and request the People's Committees, Tax

Departments of Ba Dinh and Dong Da districts to provide this confirmation and payments for

these remaining APs in Q2/2021.

- Continue to request the Tax Authority to confirm: The provisions of Section a, Clause 1,

Article 6 of Circular No.92/2015/TT-BTC dated June 15, 2015 of the Ministry of Finance

stipulates: “Individuals paying presumptive tax will declare to the Tax Authority once a year at the tax offices where they are doing business and are not required to finalize

tax”. At the same time, in Clause 3 of this article stipulates: "The time bound for

submitting tax declarations for presumptive tax payers is December 15 of the year

preceding the tax year". Thus, the District Tax Authority can fully confirm the average

annual income of business households based on the submitted annual tax declarations.

- In case the Tax Authority still cannot confirm, considering the same level of support as

for the households without business registration is as a temporary solution.

Table 17: Payment for support production and business stabilization in package CP03

No. Stations

Total number

of business

AHs

No. of AHs that received

payment for production

and business support

No. of AHs that have not

received payment for production

& business support

1 S9 13 12 01

2 S10 10 03 07

3 S11 18 0 18

4 S12 15 04 11

Total 56 19 37


8.4. Impacts during construction (CP03)

97. As envisaged in the RF/uRF and RP/uRP for the underground section “any temporary livelihood impacts during construction shall be compensated”. This concern has been raised during the mission in April 2019 and at the meeting in November 2019 with HPC, ADB

continued to mention the consideration of policy support for temporary/ long-term impacts on

business households during project construction in the surrounding area of Project fences (at

stairs of floating and underground station, surrounding project fence...). HPC Chairman

replied that “Vietnamese law has not regulated yet, however, HPC will consider reducing business tax for households if they have a legitimate opinion, but so far there is no specific

decision for this. MRB will continue to report to HPC and the interagency review of this

request and ADB will have a further discussion with HPC in the next missions.

98. With this regard, the Consultant conducted a survey at 12 stations, exchanged with

shop tenants, met a number of homeowners, and especially met a group of HHs living at




No.27 A-B-C-D-E Cat Linh that submitted comments (at S10) for the project 26. It is

preliminarily assessed that the construction more or less affects people’s movement and

daily life and business activities in the period since July 2020 to now. However, impacts on

household business is not only from the project construction but also from the social

distancing order caused by COVID19, due to the trend of online shopping, the decrease in

consumers’ purchasing power as their income reduced because of COVID19… On the other hand, business impacts are also uneven, depending each household, each tenant or each

non-business household; therefore, it is hard to determine the levels of impact, plans of

support, and levels of support.

99. The preliminary survey at 12 stations shows that (i) the stations without HHs living and

doing business are S1, S2, S3, S5, S6, S8, S9, S11, S12; (ii) the stations with HHs living and

doing business are S4, S7 (on the southern strip, the HH that is closest to the construction

site barrier is the one that encroached NH32 right of way); for S10: in the North of Pullman

hotel, there is another path and there is group HH at No.27 Cat Linh in the South.

100. During this reporting period, the Consultant observed at all stations, in particular at

Station S10, and made some specific assessments as follows:

- For the overhead stations, S1 to S8: the contractors’ construction has been basically

completed. The site barriers have been removed. The sidewalks have been being

constructed to return to the original state. The household living, production and business

have become normal;

- For Station S10: the households at 27A-B-C-D-E are still living and doing business

normally. Since they received the reply of the local authorities, the MRB has not recorded

any additional letters or petitions from these households.

101. In case the HPC agrees to consider providing support to the households, the

Consultant propose a plan applied based on the regulations of the Government of Vietnam to

support the group of affected households that must suspend business due to COVID19,

which is paying them part of their electricity and water bills. The level of support is based on

the percentage of bills provided by the affected households. The tax policy support may be

considered but it is difficult to determine the support level and the procedure is tough27 (e.g.,

the tax agency delays in confirming for business affected households as mentioned above).

The MRB will base on the direction of the HPC to send letters to the people's committees of

the relevant districts and wards to instruct the households to apply for tax

exemption/reduction or assistance.

26 Immediately after receiving comments from households (October 5, 2020), MRB responded in writing and fully

explained all the opinions of the households.

27 The documents guiding the support due to COVID19 influence for reference and application are in the

following: https://thuvienphapluat.vn/cong-van/Tai-chinh-nha-nuoc/Cong-van-2698-BCT-DTDL-2020-ho-tro-giam-

gia-dien-cho-khach-hang-bi-anh-huong-cua-dich-Covid-19-440109.aspx; and https://thuvienphapluat.vn/van-

ban/tai-chinh-nha-nuoc/Quyet-dinh-648-QD-BCT-2019-dieu-chinh-muc-gia-ban-le-dien-binh-quan-va-quy-dinh-

gia-ban-dien-409426.aspx and https://thuvienphapluat.vn/cong-van/thue-phi-le-phi/Cong-van-897-TCT-QLN-

2020-gia-han-nop-thue-mien-tien-cham-nop-do-dich-benh-Covid-19-436648.aspx.

https://thuvienphapluat.vn/cong-van/Tai-chinh-nha-nuoc/Cong-van-2698-BCT-DTDL-2020-ho-tro-giam-gia-dien-cho-khach-hang-bi-anh-huong-cua-dich-Covid-19-440109.aspx

https://thuvienphapluat.vn/cong-van/Tai-chinh-nha-nuoc/Cong-van-2698-BCT-DTDL-2020-ho-tro-giam-gia-dien-cho-khach-hang-bi-anh-huong-cua-dich-Covid-19-440109.aspx

https://thuvienphapluat.vn/van-ban/tai-chinh-nha-nuoc/Quyet-dinh-648-QD-BCT-2019-dieu-chinh-muc-gia-ban-le-dien-binh-quan-va-quy-dinh-gia-ban-dien-409426.aspx



https://thuvienphapluat.vn/cong-van/thue-phi-le-phi/Cong-van-897-TCT-QLN-2020-gia-han-nop-thue-mien-tien-cham-nop-do-dich-benh-Covid-19-436648.aspx

https://thuvienphapluat.vn/cong-van/thue-phi-le-phi/Cong-van-897-TCT-QLN-2020-gia-han-nop-thue-mien-tien-cham-nop-do-dich-benh-Covid-19-436648.aspx




IX. GRIEVANCE REDRESS MECHANISM (GRM)

102. In accordance with ADB Safeguard Policy 2009, the Borrower shall establish and

maintain a GRM to receive and facilitate the resolution of the concerns of project affected

residents. According to ADB’s requirements, the project GRM has been developed since the

project preparation phase and the contents of the GRM was consulted with the affected

people and communities in the consultation meetings.

9.1. Legal basis for settlement of complaints and problems

103. A GRM has been developed and complete by MRB on the Borrower's legal basis28,

seeking opinions and compliments of the specialized agencies of HPC, local authorities at all

levels, and meaningful consultations with the affected communities and AHs. The

accessibility, identification and approach to the competent agencies of each individual, AHs

and especially vulnerable groups will be different (the GRM will be further improved to deal

with this problem). At the present time, ADB and MRB have worked closely with the

stakeholders throughout the process of (i) development of the GRM content, (ii) reviewing

and collecting stakeholders’ opinions and finalizing the regulations of MRB.

104. MRB acknowledges that: (i) Complainants are liable to freely opt whichever channels

they want to submit their complaints, i.e., local authorities at all levels, MRB office or MRB

representative at the construction sites. However, as of the monitoring period, no complaints

have been sent directly to MRB; (ii) The analysis of the receipt of letters, how to send

complaints, where to send complaints, and consultation with people shows that most project

AHs understand that local authorities will be the preferred agencies for them to address their

concerns. On the other hand, all project AHs understand and trust the Project’s GRM that

they have been consulted about and was made public; and (iii) Depending on the simplicity

or complexity of complaints, within a week after receiving the information, MRB will take

timely action in providing information, closely coordinating with the specialized agencies,

DPCs, WPCs, report to HPC for instructions to resolve complaints as soon as possible.

105. Regarding the GRM, although MRB has made great efforts and powerful actions, the

mechanism is still in the completion process have not been approved by HPC until the

preparation of this report and ADB will continue to comment on this with the HPC (the

preparation process for this mechanism is presented in Section 3.1, Appendix 3 of this

report). On September 25, 2019, HPC issued Official Letter No.9003/VP-DT stating that the

coordination mechanism for resolving complaints of organizations and individuals relating to

the project implementation should be implemented in accordance with the laws and

regulations stated in Decision No.80/QD-UBND dated November 14, 2014 of HPC. The

comparison between the ADB requirements and this Decision is present in Table 18 and the

number of letters of complaints are in Table 19 below.

28 The Borrower's legal basis: (i) Law on Complaints No.02/2011/QH13 dated Nov 11, 2011 of the National

Assembly; (ii) Government Decree No.75/2012/ND-CP dated Oct 3, 2012; (iii) Circular No.07/2013/TT-TTCP

dated Oct 31, 2013 of the Government Inspectorate; (iv) Decision No.80/QD-UBND dated Nov 14, 2014 of HPC.




Table 18: Similarities and differences between ADB and HPC policy on GRM

No. Criteria (*) Content of

Decision No.80/QD-UBND dated November 14, 2014 of HPC

Comment, Review

(Difference/ similarity)

a How does HPC view and

maintain records of qualifying

complaints from the project

stakeholders?

There is the cooperation and participation of the advisory bodies to scrutinize

records, at the same time, there is a clerical department that keeps records

on a careful legal basis of eligible claims of the project stakeholders i.e. the

DPCs of Bac Tu Liem, Cau Giay, Ba Dinh, Dong Da and Hoan Kiem as well

as the people's committees of the wards, MRB, contractors and other relating

agencies.

Similar

b How to actively solve with

complaints?

Immediately after receiving complaints, we classify the complaints and have

the advisory agencies reviewing the legality and responding to the

complaints, petitions or inquiries in accordance with the legal regulations. In

addition, at the people's committees of the districts, wards, MRB set specific

reception schedule to record people’s comments and to reply their letters to improve the quality of the complaint settlement.

Similar

c How is the provision of the

information about the

selected mechanisms or how

to take action to resolve

complaints?

The provision of the information about the selected mechanisms or how to

take action to resolve complaints have been manifested before and during the

project implementation, since the dissemination of the project information,

socioeconomic surveys, and public consultation meetings have been carried

out at the people's committees of the districts, the wards, and MRB in

accordance with ADB's guidance.

Similar

d How are periodic reports that

summarize number of

complaints received, number

resolved and settlement

results of complaints or

actions selected, prepared?

Periodic reports that summarize number of complaints received, number

resolved and settlement results of complaints or actions selected are

prepared on the weekly, monthly, quarterly basis, including holding review

meetings to learn from experiences.

Similar




No. Criteria (*) Content of

Decision No.80/QD-UBND dated November 14, 2014 of HPC

Comment, Review

(Difference/ similarity)

e How are reports submitted to

ADB as required?

HPC has been assigned MRB to prepare quarterly social reports such as

resettlement monitoring reports, environmental reports, gender action reports

and other relating reports as required in Loan 2741 as well as ADB - SPS

2009.

Similar

f The content is not stated in

loan term 2741

The information is promptly and transparently disclosed including documents

relating to complaints, actions to resolve complaints, coordination, urge and

consultation before issuing decisions, inspection, examination and

supervision and periodic reports made by concerned agencies at each level

such as the City Inspectorate, the City People's Council and National

Assembly deputies and is strictly complied with the provisions of the laws of

Vietnam.

There is a preeminent

difference in the participation

of the advisory agencies

before issuing decisions,

inspection and supervision by

concerned agencies at each

level such as the City

Inspectorate, the City

People's Council and

National Assembly deputies

and is strictly complied with

the provisions of the laws of

Vietnam.

g Eligible complaints This includes complaints of any service provider, anyone responsible for

project implementation, complaints of misuse of fund and other unusual

behaviors, and complaints due to any safeguard issues, including

resettlement, environment, ethnic minorities and gender relating to the

project.

MRB established a Grievance Reception, Screening and Resolution Unit

(GRSSU) in October 2018.

Complied

(*) In the requested loan term as well as the content of ADB's letter dated February 20, 2020 to HPC.




Table 19: Project's complaint statistics information 29

Status

Land acquisition & resettlement - Depot and

Access Line Land acquisition & resettlement of CP03 Construction

Total

2017 2019 2020 2021 2017 2018 2019 2020 2021 2019 2020 2021

Q3 Q2 Q4 Q

1&2

Q

3&4 Q1 Q2 Q3 Q4

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1 Q2 Q3 Q4

Q

1&2

Q

3&4 Q1 Q2 Q3 Q4 Q2

Q

1&2

Q

3&4 Q1

Q

2

Q

3

Q

4

To

date %

Receive

(quarterly) 42 0 6 0 0 1 40 44 0 0 13 1 1 3 3 0 9 0 0 9 0 5 0 176 0

Receive

(cumulative) 42 42 48 48 48 48 40 84 84 84 97 98 99 102 105 105 114 114 114 9 9 9 9 176 100

Settlement

(quarterly) 0 0 0 5 8 0 0 0 1 4 62 5 8 11 5 2 7 4 0 0 9 5 0 136 77.3

Unresolved

(end of

Quarter)

42 42 48 43 35 35 40 84 83 79 30 26 19 11 9 7 9 5 5 9 0 0 0 40 22.7

Source: Data collected from Q3-2017 through the end of the reporting period at MRB.

29 Before the mobilization of PMS2, the grievance statistic has not been updated. The national resettlement specialist under PMS2 has supported MRB to collect data and establish a

monitoring system for grievance management. This number was consolidated from all Internal Quarterly Resettlement Monitoring Report of the Project (QIII/2017 to now). Therefore,

there is no exact grievance statistic data before the Q3/2017.




106. According to the QRMR of Q1/2021, the project received 176 complaints 30 include 48

complaints relating to the land acquisition & resettlement in Depot and Access Line and 114

relating to the compensation and resettlement in Package CP03, and 14 relating to the

Construction activities. The statistics of complaints from 2017 up to now and resolved status

are presented in Table 19 above.

107. In the end of Q1/2021 there are still 40 remaining grievances or obstructions relating in

compensation policies, project design, inheritance procedures, policy of relocation and

impacts due to construction etc., in which 35 complaints are relating to the Depot and Access

Line and 05 complaints are relating to the Package CP03. Thus, there are no complaints

have been resolved till this reporting period.

108. Although MRB has been very drastic and making efforts, the resolution for 40

remaining complaints is prolonged and it is under the authority of the Central and HPC

agencies. It is objective to assess that the resolution has not been timely made according to

the regulation of the Law of Vietnam as well as the Project's GRM at all levels, especially at

the HN Inspectorate and the Bac Tu Liem DPC and now is MONRE. See more details in

Section 9.2.1 and 9.2.2.

9.2. Complaints in the area of Depot and Access Line

109. In fact, there are some persistent complaints from AHs in relation to the project

continuously sent to ADB and MRB (especially complaints groups phase 1 represented by

Mr. Kien and phase 2 represented by Mrs. Tham). These complaints have been resolved by

HPC, the Inspector of Hanoi City, the DONRE, relevant agencies and the Bac Tu Liem DPC

in accordance with the Law, but the AHs still submit petitions. MRB has actively coordinated

with ADB and AHs that have complaints to forward their complaints to the Bac Tu Liem DPC

and Hanoi Inspectorate for consideration and resolution.

110. With the support of the MRB, from March 15, 2021 to April 15, 2021, the Consultant

had meetings, exchanges and getting information of the HH group represented by Mr. Kiên

and co-applicants, the HH group represented by Mrs. Thắm, and the HH of Mrs. Nguyen Thi

Tỉnh. The MRB also sent a letter to recommend the Consultant to work with Hanoi

Inspectorate and Bac Tu Liem DPC to collect relevant information from April 01 to April 9,

2021. Also, on 19/03/2021, the Consultant attended the meeting at Hanoi People's Court with

the HH of Mrs. Tỉnh and Mr. Truong (belonging to the household group of Mrs. Tham).

9.2.1. Phase 1: for details, please see Item 3.2 Appendix 3.

111. HHs complaints are mainly relating to the job change support. Following the Letter

No.3667/TTTP-P2 dated August 6, 2019 of Hanoi Inspectorate, it is recommended that HPC

should consider supporting equal to 5 times of the agricultural land prices based on the land

prices at the period when the additional plan is approved. As such, the HPC will provide

additional compensation to HHs according to the project RF/RP and the policy at the time of

30 The grievances of AHs by the Project have been submitted to WPCs, DPCs, Ha Noi PC and even to ADB. The households that submitted multiple claims will be recorded but not counted as new claims.




compensation as follows: (i) In residential land, services, or (ii) in cash. However, according

to Bac Tu Liem DPC, the District has no land fund, so HPC suggested for payment in cash.

112. On February 9, 2012, the HPC issued Letter No. 445/UBND-GPMB reporting and

asking the Prime Minister's permission to pay in cash to the households 31. On March 6,

2021, the Government Office issued Letter No. 1442/VPCP-NN replying to the above-

mentioned letter of the HPC. It clearly stated: "Assign MONRE to guide HPC to implement

the above support in accordance with the regulations. In case the problems are not yet

solved, MONRE presides over and coordinates with HPC to propose plans to the

Government to consider and decide".

113. The Consultant recognizes that although fully competent, the relevant agencies

(MONRE, HPC, DONRE, Bac Tu Liem DPC...) are still transferring, avoiding, pushing the

responsibility to solve and even pushing up the decision on the settlement to the higher level

(the Government). On the side of the ADB, if it intervenes right from this point to push

MONRE to guide HPC to comply with the project RF/RP, the settlement of the standing

complains of this group of households will be completed. In addition, for the Bac Tu Liem

DPC, it is very important to hold a meeting to announce and agree with 135 AHs on the

compensation plan (in land or in cash) and it is necessary to implement fully and publicly.

114. On April 7, 2021, the Consultant directly met and discussed with Mr. Kien32 and 02 AHs

of this group. Some contents were recorded and evaluated as follows:

- Again, Mr. Kien emphasized that the planning of residential land, service land for

resettlement arrangement for project affected households was approved by HPC in Letter No.

7911/UBND-KH&DT dated September 16, 2011. Therefore, Mr. Kien representing the

concerned households continues to request the Bac Tu Liem DPC to allocate residential land

and service land in accordance with the law at the time of compensation.

- With the determination that the lawsuit is right, the AHs only request HPC and related

agencies to soon settle compensation for the households in accordance with the law in the

second quarter of 2021 and do not avoid or transfer the responsibility to each other as in the

past time (Please see more details of the settlement process of the agencies in Appendix 3).

- In addition, Mr. Kien requested the Consultant to record in this report the content of the

recommendations of his and the concerned households as follows: “It is recommended that the

ADB take stronger measures such as suspension of loan for the Project to put pressure on the

HPC to completely settle the additional compensation for the AHs in Q2/2021”.

31 Under the guidance of the General Department of Land Management - Ministry of Natural Resources and

Environment in Letter No.2570/TCQLDD-CKTPTQD dated 13/11/2020. 32 Mr. Kien exchanged directly and via telephone and provided related documents via Zalo for the Consultant and provided a number of articles and reports under the following links: https://m.baomoi.com/ha-noi-xin-y-kien-ve-viec-boi-thuong-135-ho-dan-khieu-nai-o-du-an-nhon-ga-ha-noi/c/38015571.epi; https://www.tienphong.vn/ban-doc/ha-noi-xin-y-kien-ve-viec-boi-thuong-135-ho-dan-khieu-nai-o-du-an-nhon-ga-ha-noi-1796001.tpo?fbclid=IwAR0R_5-MbP60pqBxBoWz5FPnP3h3SAq-IOl8nHktRMWzTDuRcU9p6bubwLw; https://dantri.com.vn/xa-hoi/duong-sat-nhonga-ha-noi-bao-cao-thu-tuong-ve-khieu-nai-cua-135-ho-dan-20210219112350715.htm; https://dantri.com.vn/xa-hoi/duong-sat-nhonga-ha-noi-bao-cao-thu-tuong-ve-khieu-nai-cua-135-ho-dan-20210219112350715.htm; https://dantri.com.vn/xa-hoi/pho-thu-tuong-chi-dao-giai-quyet-vu-13-nam-doi-boi-thuong-o-du-an-duong-sat-20210311144515859.htm; https://dantri.com.vn/xa-hoi/boi-thuong-o-du-an-duong-sat-135-ho-dan-khon-kho-om-don-suot-13-nam-20210317153449297.htm; https://dantri.com.vn/xa-hoi/135-ho-dan-khieu-kien-suot-13-nam-de-nghi-ha-noi-bao-cao-thu-tuong-20210405082137516.htm

https://m.baomoi.com/ha-noi-xin-y-kien-ve-viec-boi-thuong-135-ho-dan-khieu-nai-o-du-an-nhon-ga-ha-noi/c/38015571.epi

https://m.baomoi.com/ha-noi-xin-y-kien-ve-viec-boi-thuong-135-ho-dan-khieu-nai-o-du-an-nhon-ga-ha-noi/c/38015571.epi

https://www.tienphong.vn/ban-doc/ha-noi-xin-y-kien-ve-viec-boi-thuong-135-ho-dan-khieu-nai-o-du-an-nhon-ga-ha-noi-1796001.tpo?fbclid=IwAR0R_5-MbP60pqBxBoWz5FPnP3h3SAq-IOl8nHktRMWzTDuRcU9p6bubwLw



https://dantri.com.vn/xa-hoi/duong-sat-nhonga-ha-noi-bao-cao-thu-tuong-ve-khieu-nai-cua-135-ho-dan-20210219112350715.htm




https://dantri.com.vn/xa-hoi/pho-thu-tuong-chi-dao-giai-quyet-vu-13-nam-doi-boi-thuong-o-du-an-duong-sat-20210311144515859.htm

https://dantri.com.vn/xa-hoi/pho-thu-tuong-chi-dao-giai-quyet-vu-13-nam-doi-boi-thuong-o-du-an-duong-sat-20210311144515859.htm

https://dantri.com.vn/xa-hoi/boi-thuong-o-du-an-duong-sat-135-ho-dan-khon-kho-om-don-suot-13-nam-20210317153449297.htm

https://dantri.com.vn/xa-hoi/boi-thuong-o-du-an-duong-sat-135-ho-dan-khon-kho-om-don-suot-13-nam-20210317153449297.htm




9.2.2. Phase 2:

115. Opening with 56 complaints dated December 26, 2015, mainly relating to the conditions

for allocation of resettlement land and other contents. According to the QRMR, the complaints

started in 2014. Bac Tu Liem DPC and the concerned agencies have repeatedly resolved but

the majority of the AHs disagreed with the settlement and continued to file the complaints to

the superior, and when they still disagreed with the resolution of the local authorities, they filed

the complaints with the ADB for the final on March 09, 202133 (the claim was submitted by Mrs.

Tham, representing the households).

116. During the period from March 15, 2021 to April 15, 2021, the Consultant organized some

meetings with the households of Mrs. Tham, Mr. Truong, and Mrs. Tinh... to exchange and

grasp and update information about them and the household group they represent. Especially

on March 19, 2021, the Consultant attended and observed the meeting of Hanoi People's

Court with the involved parties according to the Notice dated February 5, 202134 and noted the

following contents:

a. General opinion of households:

- The HHs continue to request the ADB to be more decisive in asking the HPC and the

related agencies to finalize their proposal. They even requested the Consultant to

acknowledge and include their proposal in this report with the content "It is recommended that

the ADB take measure of suspension of loan for the Project to put pressure on the HPC to

completely settle their case”.

- In addition, the households of Mr. Truong and Ms. Tinh continue pursuing the court...

Other HHs refused because they thought they could not win the lawsuit against the State

agency and they don’t have the time and ability to pay the costs to pursue the litigation...

b. Opinion of households:

- HH of Mrs. Tinh: Due to limited education, pursuing the lawsuit in the court without

legal support is very difficult, on the other hand, the HH must pay the court fees and other

costs, which is the financial burden on her family. The HH requested the Consultant to

arrange time to support and advise them in the whole process of working at the Court.

- Currently, Mr. Bui Van Truong is recruited working in the depot area since March 2021

after 13 years of losing land. He has been pursuing the court since 2017 and will not give up.

c. Opinions of representatives of Hanoi People's Court:

- Both households provided powers of attorney and confirmations of absence according

to the Court's summons. The absence today of the concerned agencies was fully recorded in

the case profile by the Court.

33 Related to 69 AHs who have to relocate but are not eligible for resettlement land and some other recommendations. Because, Mrs. Tham household group has submitted many applications and the content of the application has not been resolved yet, it is not recognized as a new. 34 Notice dated February 5, 2021 of the People's Court of Hanoi. The invited participants: HPC, Bac Tu Liem

DPC, Tay Tuu WPC (the defendant) and Mrs. Tinh household and Mr. Truong household (plaintiffs).




- All additional evidences submitted by the two households were received and recorded

in the case profile by the Court.

- The disclosure of evidence and dialogues today were not possible due to the

defendants’ absence.

d. Consultant's point of view

- According to the information provided by the HH representative, till now, all 24 AHs are

still renting houses, especially Mrs. Tinh’s family and Mrs. Tham’s family are very poor.

- The households continue to pursue the last measure of the Court and need sufficient

legal support and do not have to pay any costs in accordance with the Project's GRM.

- The case was accepted by the Hanoi People's Court in 2017. On October 31, 2019, the

Court concluded in Judgment No.239/2019/HC-ST with the conclusion that the claim of the

HHs was rejected 35, but the HHs disagreed with the sentence and appealed the case.

Therefore, Hanoi People's Court continues settling the case in accordance with the laws of

Vietnam 36.

- This is a meeting to comply with the content of the Notice: "the meeting to check the

submission, access, publicity of evidences and dialogue". However, only two households

were present at the Court following the Notice until the meeting ended.

- According to the law, when being invited, if the involved parties are absent, they must

send written notices (for organizations/agencies) or confirmations of the local authorities (for

common people). However, according to the notice of the Court staff, only 2 households

have papers (power of attorney confirming the absence of family members)37, the three

invited agencies did not send written notices to the Court. Thus, in addition to submitting

evidences, the main purpose of the meeting, which is accessing, disclosing evidence, and

most importantly, dialoguing, could not be carried out.

- Once again, the Consultant would like to request the ADB to consider and advise the

HPC to study and adopt appropriate support measures for the households as follows:

+ Legal support: Because the households do not fully understand the current legal

regulations and have low educational levels, the ability to present, argue and express

opinions is not good, in addition to the difficult economy which is beyond their ability to hire a

lawyer for a long time. The legal assistance can be obtained through a law office and/or a

qualified attorney.

35 According to the conclusion of Verdict No.239/2019/HC-ST dated October 31, 2019 rejecting the request of Mr.

Nguyen Thien Vinh and the group of households including: Mrs. Dang Kim Dung, Mr. Nguyen Thien Binh, Mrs.

Phan Thi Ky, Mr. Nguyen Xuan Nguyen, Mrs. Tran Thi Kim Dung, Mrs. Nguyen Thi Minh Nguyet, Mrs. Nguyen Thi

Tinh, Mr. Nguyen Thien Tam, Mr. Nguyen Thien Nhan, residing in No.10 Ha street, Tay Tuu ward, Bac Tu Liem

district, Hanoi. The involved parties have the right to appeal according to the provisions of the laws.

36 The Consultant requested and was allowed by the Court to review this verdict and found that the original

judgment was stamped in red by the People's Court of Hanoi in all pages as “THE VERDICT HAS NOT LEGALLY EFFECTIVE”. 37 According to Mrs. Tinh, it took her 2 days to come to the Tay Tuu WPC to get all these confirmation papers to

provide the Court as requested.




+ Support to pay related costs for the households to pursue the final measure of the Court

such as court fee, costs for collecting documents and evidences, traveling cost when the

Court summons...

+ In the case of Ms. Tinh, buying social housing or buying land at the State price should

be considered for her as soon as possible (the Consultant’s separate analysis of documents

and recommendations for her household are in Section 3.3, Appendix 3 of this report).

- Regarding the request for legal support to the households, this is beyond the profession

and conflicts with the Consultant’s current duties. However, the households’ request has

been noted and proposed to the competent authority. The Consultant also confirms to attend

to the Court if the households request.

9.3. Complaints exiting in package CP03

9.3.1. For Station S9:

117. As of the end of Q1/2021, there are 03 AHs that have not yet agreed to receive

compensation, the MRB will coordinate with the Ba Dinh DPC and the WPC to continue

advocating them and completing relating procedures to pay compensation money for them in

Q2/2021. The details are as follows:

- The HH of Trieu Hoang Trung No.427 & 429 Kim Ma (payment problems of 2nd LA,

received money in 1st land acquisition): The house-owner was dead but did not leave a will,

leading to problems with the payment procedure. The Ba Dinh DPC is requesting the HH to

complete procedure and documents to authorize and declare inheritance to make basic for

the payment of compensation and support according to the provisions of the laws 38.

- The HH of Mr. Do Huu Viem (1st and 2nd LA): Currently, Mr. Viem is living abroad. The

Ba Dinh DPC has tried to communicate him many times but he could not return home to

receive compensation money due to COVID-19;

- The HH of Mr. Pham Van Tuyen (1st and 2nd LA): The household initially did not

cooperate to carry out the compensation for site clearance, therefore the Ba Dinh DPC had

to organize an DMS estimate of the land acquisition. By the end of Q4/2020, when the

household agreed to carry out the compensation for site clearance and the specialized

agencies allowed to inspect the building, it was determined that the building was partially

demolished. For safety, the Ba Dinh DPC requested the MRB to conduct surveying the

building's bearing capacity. Currently, the MRB is conducting the procedures for verification

and expected to end the survey in Q2/2021;

9.3.2. For Station S10: No more problems.

38 The inheritance procedure: the procedure of authorizing and declaring inheritance will take long time (even

years) because absolute consensus is required between the lines of inheritance involved. According to the

Consultant's experience, DCARB should hold meeting with the litigants to reach an agreement whereby the entire

amount of compensation and support will be transferred to the account at the local State Treasury or a Bank

according to the household's consent, and the project will carry out the land acquisition. The receipt and division

of property will be according to the final consensus of the involved family members or the Court's conclusion.




9.3.3. For Station S11:

118. As of the end of Q1/2021, there still remains the request of 02 households living in the

same villa (Mrs. Nguyen Kim Anh and HH Mrs. Nguyen Thu Lương at 23 Quoc Tu Giam,

Van Chuong ward, Dong Da district), which is being resolved.

119. According to MRB, inspection details will be made public only after getting HPC's

approval. As of December 1, 2020, MRB drafted a document to Dong Da DPC to report the

inspection results to HPC. Immediately after HPC approves, the inspection results will be

officially announced to the households and stakeholders. MRB also noticed that the

procedures related to this are extremely complicated and involve many specialized agencies

of the city. MRB is completely passive and can only follow up and recommend to the

stakeholders that cannot directly participate in the resolution.

120. Number of the complaints or problems and resolution plan in Table 20 below:

Table 20: Number of the complaints or problems and resolution plan

No. Statio

ns

No. of AHs and Org. Complaints or problems/ and resolution plan

Total AHs Org. Name of HH and Responsible/ coordinating

Timeline

1 S9 3 3 0 1st LA and 2nd LA:

Q2/2021

Do Huu Viem HH/ MRB/ DPC

Pham Van Tuyen HH/ MRB/ DPC

2nd LA:

Trieu Hoang Trung HH/ DPC

2 S11 2 2 0 HH Mrs. Nguyen Kim Anh and Nguyen Thu Lương

HPC/ MRB Q2/2021

Total 5 5 0


Note: The whole amount of compensation and support money of AHs that have not agreed to

receive will be transferred to the local State Treasury. After they complete the procedures or

agree to receive money, MRB will pay them in full as prescribed.

9.3.4. The affected business during the project construction:

121. For the households that have comments at S10. Immediately after receiving the

comments from the households at No.27 A-B-C-D-E Cat Linh, MRB issued Official Letter

No.1919/DSDT-VP dated October 31, 2020 responding to them. Accordingly, it is affirmed

that at the house doors of these households at the distance of the fence of 3m is convenient

for their traveling and living as well as convenient for parents and pupils of Cat Linh primary

school. The affected business during the project construction are the preliminary

presentations in Item 8.4. Impact during construction (CP03).




X. ASSESSMENT OF IMPLEMENTATION OF COMMITMENTS

122. According to the Memorandum of Understanding (MOU) of the Donors’ Compliance Review in 2019, 2020, and the meeting on March 26,2021. All contents agreed among ADB,

the Donors, HPC and MRB will be reviewed and evaluated in the period when this monitoring

report is preparing. By the end of Q1/2021, there are still a number of issues that need to be

committed to implement in the coming time, details for comparison are in the table 21. For

the Loan terms compliance status Loan 2741 – VIE on Resettlement and safeguard

measures are present in table 22 below.

Table 21: Comparison of the implementation progress of MOUs

No.

Action plan in the MOUs Performance results in Q1/2021 Adjustment

completion

time Content

Completion

time Content Reason

1 The remaining 6 AHs have not been paid;

15 AHs and 6 organizations due to additional land acquisition have not been paid

Q1/2020 01 AH has been paid. The remaining 4 AHs have not been paid.

12/15 AHs and 6/6 organizations have been paid. The remaining 3/15 AHs due to additional land acquisition have not been paid.

Complaints

have not

been

settled

Q2/2021

2 Handing over

resettlement

apartments to 4

remaining AHs.

Handing over resettlement apartments to 3 AHs due to additional land acquisition

Q1/2020 04/04 AHs have been handed over.

02/03 AHs due to

additional land acquisition

have been handed over

and the remaining 1/3 AHs

has not been handed over.

Complaints

have not

been

settled

Q2/2021

3 Settlement of the remaining 176 complaints (in MOU 11/2019) and additional

Q1/2020 To the end of Q1/2021, there are 136/176 problems or complaint settlement. So, the total of 40 complaints or problems need to be resolved.

Complaints

have not

been

settled

Q2/2021

4 Submission of compensation, support & resettlement policy for the tunnels that is implemented by HGU and the subcontractors

Q1/2020 MRB directed HGU/LHC to carry out community consultation for 50 households/buildings. Based on the households' consensus, HGU/LHC will complete the policy for the MRB to submit to the ADB and HPC for approval

HGU/LHC should soon complete community consultation activities and

Q2/2021




No.

Action plan in the MOUs Performance results in Q1/2021 Adjustment

completion

time Content

Completion

time Content Reason

LHC. according to the regulations. (Details of the process is provided in Chapter XI and in Section 3.5, Appendix 3)

finalize the policy

5 Submission of the updated resettlement plan appendix for the impacts of the tunnel construction - Package CP03

Q2/2020 Immediately after ADB and HPC approved the compensation and template resettlement policy for the impact of the tunnels, the HGU submitted the uRP appendix for the impacts of the tunnels construction to MRB, ADB and HPC for approval. For the above issue, ADB and MRB will need further discussion.

Waiting for approval of HPC.

Q2/2021

6 Resolving complaint continues at the Depot and Access Line for AHs

Q1-Q4/

2020

According to Point a

Section 9.2 and Appendix

3

MONRE and HPC to preside

over resolve

Q2/2021

7 Assessment of temporary effects during construction

Q4/2019 Hanoi department of transport has approved the Traffic Management Plan to minimize temporary impacts caused by the Project's construction, in which impacts of barriers on business households will be taken into consideration.

HPC will consider reducing Tax for

business HHs

affected by the

barriers.

Q2/2021




Table 22: Loan terms compliance status Loan 2741 – VIE on Resettlement and safeguard measures

No. Description

SPS Requirements/ Loan Terms

Content

HPC will do and request MRB to guarantee that Compliance

a The RP for the project is implemented in accordance with its

terms;

Land acquisition is not yet completed for the underground

section. Some outstanding grievances at the Depot and

Access Line sections are being addressed.

Partially

complied

b All land and rights-of-way required for the projects are made

available in a timely manner;

Land handover for the underground section is significantly

delayed.

Partially

complied

c The provisions of RP, including compensation and

entitlements for APs, shall not be downgraded and are

implemented in accordance with all the Borrower's

applicable laws and regulations and SPS;

Has been implemented strictly according to RP/uRP and

appendices, which have been approved.

Complied

d All APs are consulted and given adequate opportunity to

participate in resettlement planning and implementation;

APs are consulted during RP preparation, updating,

implementation and monitoring.

Complied

e Compensation and resettlement assistance are given to APs

prior to their dispossession and displacement;

Compensation, assistance and resettlement for AHs by

underground stations will be completed in Q2/2021.

Partially

complied

f Timely provision of counterpart funds is made for land

acquisition and resettlement activities;

Budget is available for land acquisition and resettlement. Complied

g Any obligations in excess of the RP budget estimate are

promptly met;

h APs are at least as well off as they would have been in the

absence of the project;

Business support will be provided to 37 AHs in underground

stations in Q2/2021.

Partially

complied

i The RP is revised as necessary to reflect any significant

material changes in the project scope, and submit any such

changes to ADB for its acceptance;

The RF and the RP for the Underground Section have been

updated reflecting the provisions of the new Land Law 2013

and other recently issued regulations and covering all

Complied




No. Description

SPS Requirements/ Loan Terms

Content

HPC will do and request MRB to guarantee that Compliance

additional land acquisition impacts by the Stations.

j MRB supervises the contractors to ensure compliance with

requirements of the RP;

Has been complying with the request of the sponsor Complied

k Adequate staff and resources are committed to supervising

and monitoring implementation of the RP; and

MRB had establishment of the Grievance Receiving, Screening

and Settling Unit (GRSSU) assigned dedicated staff to

supervise and monitor RP implementation.

Complied

l An external monitoring agency, acceptable to ADB is

engaged by MRB before the conduct of detailed

measurement survey to monitor compliance and forward

reports to ADB and HPC as specified in the RP.

The Internal monitoring report for Quarter 3/2020 and Quarter

4/2020 were approved by the ADB and posted on the ADB

website in March 2021. The report for Quarter 1/2021 would be

prepared and submitted no later than January 15, 2021.

The External report on resettlement monitoring: Due to

personnel change, the reports for Quarter 1 & Quarter 2 of

2020 were not submitted on time as required and the new

consultant mobilized since November 1, 2020 prepared and

submitted the reports on November 5, 2020 and the ADB

approved the reports and posted on the website in January

2021. The reports for Quarter 3 & Quarter 4 of 2020 were

approved by the ADB and posted on the website in March

2021. The report for Quarter 1/2021 already prepared and

submitted as requested by the ADB on April 26, 2021.

Complied

m Policies and resettlement action plans appendix/temporary

resettlement for impacts of the construction of the tunnel

Must be approved in Q2/2021, before the implementation of

the drilling Tunnel

Partially

complied




XI. UPDATE RP FOR IMPACTS OF TUNNEL CONSTRUCTION (CP03)

11.1. BCS and BRA activities

123. Due to effects that possibly take place during the construction of the underground

tunnels on the households living along the tunnels, HGU was required to prepare reports on

BCS and BRA. Based on the BCS report, the BRA report and the current regulations, the

contractors must identify all potential impacts, mitigation measures and prepare a

Compensation and template Resettlement Policy for the impacts of the tunnels construction.

In Q1/2020, HGU preliminary identified 11 affected buildings/houses of 10 AHs and the BCS

and BRA activities are being carried out by HGU with specialized machines. The final

information will be updated when HGU completes the BCS and BRA and submits the official

report to MRB and ADB for review and approval.

124. By the end of December 2020, after being appraised by PIC and approved by the

MRB, the BCS and BRA reports were submitted to the ADB for approval by the HGU.

Accordingly, 50 buildings/houses will be affected by the construction of the tunnel,

specifically:

- 07 buildings/houses will be demolished and rebuilt after the tunnel drilling;

- 43 buildings/houses will be affected and people living there must be temporarily

resided during the tunnel drilling.

- During the ADB's review of the BCS and BRA reports, the MRB has been directing

HGU/LHC to keep the information dissemination and community consultations with all AHs

currently living in 50 buildings/houses in Q1/2021.

- The BCS and BRA results, on the other hand, need to be provided to local authorities

for keeping records and making a basis for interpretation to households with non-temporary

residing.

11.2. Prepare the update RP for the tunnel:

125. According to HGU's request at the end of 2018, MRB has approved LHC (as the

subcontractor) to carry out research and propose compensation, support and resettlement

policies for the impacts identified from the above BCS, BRA and other social impacts (if any),

and update these policies to the RP of the tunnel. From September 2018 to October 2019,

HGU/ LHC cooperated with MRB and DPCs to implement activities of (i) disseminating

information; (ii) socio-economic survey; (iii) consultations with the community, local authorities

at all levels, relevant authorities and prepare proposals for policies. HGU/ LHC has prepared 2

plans on compensation, support and resettlement policies for 10 HHs of 11 buildings

identified through BCS, and consulted with the stakeholders. MRB actively took the lead,

coordinated collecting comments from ADB and concerned agencies and finalized and

submitted to HPC for consideration and approval on June 25, 2020.

126. On November 13th, 2020, HGU/LHC submitted the proposed policy for the tunnels

impacts to MRB following letter Ref. HGU-IMP-TRE-WAO-JOO-00001-E-5A. According the

final results of BRA, PIC confirmed the approval of the final BRA of HGU (7 buildings are

demolished and 43 buildings will be temporarily evacuated following the conditions of the

contract). MRB has reviewed the documents and submitted to ADB on December 2020.




127. MRB instructed HGU to organize additional consultation meetings of AHs by the

tunnels impacts to update the policy and soon submit to ADB and HPC for review and

approval. There were six consultation meetings held by HGU/LHC on January 23, 2021 in

Cat Linh ward; January 26, 2021 in Van Mieu ward; March 04, 2021 in Quoc Tu Giam ward;

January, 29 and February 25, 2021 in Van Chuong ward; and on March 12, 2021 in Kim Ma

ward. The details of stakeholder activities are provided in Appendix 4.

128. On March 25, 2021, MRB issued the submission letter No. 11/TTr-ĐSĐT-DA1 to report

to the HPC. The document has proposed (i) a policy framework including a matrix of benefits

for AHs and (ii) recommended to use the City's budget for site clearance to compensation,

support and temporary evacuation for AHs during the construction of the tunnels if ADB still

does not agree to use the loan for the above-mentioned work.




C. CONCLUSIONS AND RECOMMENDATIONS

XII. CONCLUSIONS

129. The project dissemination of information in general and the project's compensation,

support and resettlement policy in particular have been jointly implemented by MRB with the

consulting units and the concerned parties. Most of the AHs, relevant local officers

interviewed by PMS2 Social Safeguard Specialists, as well as MRB officers confirmed they

received complete and up-to-date project information as well as information on

compensation, support and resettlement policies from implementing unit.

130. The project's compensation, support and resettlement policies have been meaningfully

consulted and promptly and fully disseminated to AHs and communities. This is an important

base to receive the consensus and support of people and communities towards the project in

addition to promptly resolving questions, petitions, complaints and somewhat satisfactorily

resolving outstanding complaints.

131. The detailed measurement survey (DMS) of affected assets has been fully informed to

the AHs by the DCARBs and MRB in an open and transparent manner. The heads of AHs

and representatives of MRB, local authorities, the CSCSC and the DPCs in the project area

have been fully involved in the entire DMS process. Shortcomings and errors in the DMS

process have been promptly reviewed and additionally adjusted.

132. The compensation replacement costs have been applied to all affected assets and

affected land and made publicly available to AHs. The compensation for payment has been

done in accordance with the procedures and paid one time to the APs at the WPCs

headquarters and at least one month before construction.

133. The project's compensation, support and resettlement has been transparently

implementing by HPC, MRB, the DPCs, the DCARBs and the DCLDFs. The resettlement

land plots and apartments have been fully and promptly prepared to meet the resettlement

needs of AHs. Information on the resettlement sites has been publicly announced and AHs

can visit the resettlement sites many times. The resettlement land plots and apartments have

been selected in the form of a transparent public draw.

134. The additional supports to help AHs to soon restore their livelihoods and income

specified in the project's RF/uRF, RP/uRP have been basically implemented and highly

appreciated by AHs and the communities.

135. With regard to the complaints in Package CP03, MRB has worked closely with HPC,

the DPCs, the DCARBs, Hanoi Inspectorate, COH Reception Committee and relevant

agencies to continue resolving and promptly deal with the arising in the coming time, in order

to minimize social impacts of the project.

136. With regard to the complaints that have been for many years in the area of Depot and

Access Line and have not been completely resolved and caused frustration and difficulties in

livelihood restoration of AHs, it is very necessary for HPC to pay more attention and drastic

directions to settle them.




137. Some issues in the MOUs that have not been implemented on schedule as agreed still

need more attention and settlement of HPC and the relating agencies.

138. The approval of compensation, support and temporary resettlement policy and uRP for

tunnel has not been completed according to the plan outlined by the following reasons: (i) the

scope and method of determining impacts; (ii) remedial options for impacts; (iii)

compensation and support policies for limited land use; and (iv) selecting funding sources to

use for compensation; (v) impact of COVID-19 pandemic on the information disclosure and

public consultation...

139. The resettlement appendix for additional land acquisition at Station S9 and Station S10

has been approved by the ADB and published on the ADB website on March 27, 2021, in

accordance with the agreed schedule at the MOU in December, 2020.

XIII. RECOMMENDATIONS

Para Activity recommendations Responsible/


140. In order to ensure the project progress, more attention

and drastic direction of HPC and the close coordination of

the relevant agencies of the City, DPCs, WPCs with MRB

in the entire process of the project compensation, support

and resettlement is very necessary.

HPC/

MRB

Q2/

2021

141. MRB needs to closely monitor and urge the Consultants

to promote information disclosure and community

consultation that has been done very well previously. At

the same time, attention to the efficient disclosure of

information and meaningful consultation with the

stakeholders during the preparation of the uRP Appendix

for the tunnels section.

MRB/

Consultants

Q2/

2021

142. Although the remaining un-handed-over/acquired land

area is not many (57.62 m2) in S9 and S11 – CP03. MRB

needs to urge the DPCs and the DCARBs to urgently

complete the land acquisition, handover the sites to the

construction contractors in the Q2/2021 to ensure not to

affect the completion of the project.

DPCs/

MRB

Q2/

2021

143. About VND 14 billion still has not been disbursed in CP03.

MRB should urge the DPCs to organize advocacy

delegation with the participation of the local mass

organizations to convince AHs to receive compensation

money and to complete legal procedures to protect

construction and ensure the project progress.

DPCs/

MRB

Q2/

2021






144. MRB needs to urge in writing with Ba Dinh and Dong Da

Tax Departments to confirm the average income of 37

business AHs base on the provisions of Section a, Clause

1 and Clause 3, Article 6 of Circular No.92/2015/TT-BTC

dated June 15, 2015 of the MOF.

In case the Tax Authority still cannot confirm, considering

the same level of support as for the households without

business registration is as a temporary solution.

District Tax

Departments/

MRB, DPCs

Q2/

2021

145. To catch up with the tunnel drilling schedule in Q2/2021:

- MRB needs to direct Consultant to carry out full

information disclosure and meaningful consultations for all

of AHs live in 50 buildings/houses 39 ;

- The MRB shall provide all documents and records about

the BSC and BRA for the relevant WPCs as a basic for

them to monitor and explain people and provide

commitments on this result in accordance with the content

agreed in the meeting;

- 402 households/buildings that are in the affected scope

of the tunnel but must not temporarily resettle should be

informed sufficiently;

- MRB will also soon review and submit uRP for the tunnel

(submitted to HGU/LHC in December 2020) to ADB for

approval before submitting to HPC for approval.

HGU/

MRB

ADB

Q2/

2021

146. In order to close the support for those who rent houses,

the DPCs, the DCARBs need to complete notices stating

the deadline for settlement and payment of this support

(Example: notice on mass media from 30 days to 90

days).

DPCs,

DCARBs/

MRB

1

147. On impacts due to construction on the business

households,

- MRB have to continue to report to HPC and the

interagency review of this request.

- In order for the MRB and the DPCs to have policy for

HPC/

MRB,

Q2/

2021

39 Includes but is not limited to the following: the policy on compensation, support and resettlement; GRM;

Detailed plan for temporary evacuation (time, location, how to organize...); plan to evaluate the damage of 43

buildings/houses and plan to rebuild 7 buildings/houses.






implementation, the ADB and the HPC should organize a

meeting to discuss further and agree on the plan to

identify impacts and support options ASAP.

ADB

148. MRB continues to urge the People's Committee of Dong

Da district to report HPC approve the final of appraisal

and assessment of the safety level when demolishing the

old house, No. 23 Quoc Tu Giam and No. 423 Kim Ma.

Dong Da DPC/

MRB

Q2/

2021

149. For prolonged complaints at the Depot and Access Lines:

- That the AHs understand and believe in ADB’s capacity to solving their problems even there is the final decision of

the Court is not sufficient, which need to clarify the

responsibility between the ADB and the Borrower in this

regard to the people.

- If HHs disagree with settlement decisions by the

competent authorities, the final measure they should

choose will be the final decisions of the Court, according

to the project GRM (step 3). To ensure their entitlements,

the Consultant suggests that the MRB should coordinate

with the DPCs and the WPCs to guide HHs to implement

this procedure in accordance with the Vietnamese Law

and the project GRM. On the other hand, the Consultant

suggests to take (i) legal assistance for the households

through an office of lawyers and/or an attorney appointed

by the ADB, (ii) assist costs related to the entire grievance

process until final judgment is made.

DPCs, WPCs/

ADB/MRB

ADB/MRB

Q2/

2021

150. For complaints that last for many years in the area of

Depot and Access Line - Phase 1: MONRE should

instruct HPC to settle under the direction of the Prime

Minister as soon as possible.

MONRE/ HPC Q2/2021

151. Hanoi Inspectorate as the leading agency, the DPCs,

MRB and the relating agencies are responsible for

coordinating to resolve the remaining complaints of

households and other arising (if any) in the future.

Hanoi

Inspectorate/

MRB

Q2/2021

.




APPENDIX

Appendix 1: The list of people met during the report preparation phase

No. Name Position/ Address

1 Lê Văn Thu Deputy Director of MRB

2 Nguyen Tuan Anh Deputy Manager of PID1 - MRB/ Head, LAR team.

3 Nguyen Hoang Nam Manager of Financial Accounting Department of MRB

4 Vu Duc Chinh PIC for S9 LAR – PMD1 of MRB

5 Phuong Tien Luong PIC for S10 LAR – PMD1 of MRB

6 Truong Chi Tai PIC for S11 LAR – PMD1 of MRB

7 Phan Minh Thang PIC for S12 LAR – PMD1 of MRB

8 Nguyen Duy Tung PIC for S12 LAR and Head of data/report consolidation

team of MRB

9 Nguyen Quang Thien PIC for Environmental issues

10 Luu Trung Dung Deputy Manager of Admin Dept./ Head of grievance

team of MRB

11 Nguyen Thi Nhung Member of grievance team of MRB

12 Nguyen Duy Hung Member of grievance team of MRB

14 Nguyen Thanh Phong Leader of Financial team, PID1 of MRB

14 Duong Duc Hieu Internal Monitoring on resettlement – PMS2

15 Vũ Văn Tùng Officer of Ha Noi Court

Complain group Depot and Access Line - Phase 2

1 Le Thi Tham (and her

husband Mr. Tiem)

Tay Tuu ward, Bac Tu Liem district

2 Nguyen Thi Tinh Tay Tuu ward, Bac Tu Liem district

3 Nguyen Van Luan Tay Tuu ward, Bac Tu Liem district

4 Nguyen Thien Binh Tay Tuu ward, Bac Tu Liem district

5 Bui Van Truong Tay Tuu ward, Bac Tu Liem district

6 Nguyen Thi Thoa Tay Tuu ward, Bac Tu Liem district

7 Phan Thi Ky Tay Tuu ward, Bac Tu Liem district

8 Nguyen Minh Phuong Tay Tuu ward, Bac Tu Liem district

9 Nguyen Thien Cuong Tay Tuu ward, Bac Tu Liem district

Complain group Depot and Access Line – Phase 1

1 Nguyen Khac Kien Tay Tuu ward, Bac Tu Liem district

2 Chu Huu Đang RS - Tay Tuu ward, Bac Tu Liem district

3 Nguyen Thi Chung Tay Tuu ward, Bac Tu Liem district

4 Chu Huu Hung Tay Tuu ward, Bac Tu Liem district




5 Nguyễn Huy Hà 400 Hồ Tùng Mậu, Bac Tu Liem district

6 Lê Quang Huy 398 Hồ Tùng Mậu, Bac Tu Liem district

CP03

1 Nguyễn Văn Dần 287 Cầu Giấy, Cau Giay district

2 Trần Thị Phương Kim Ma ward, Ba Dinh district

3 Hà Ngọc Hùng Kim Ma ward, Ba Dinh district

4 Ngô Văn Phúc Kim Ma ward, Ba Dinh district

5 Nguyễn Mai Hương Kim Ma ward, Ba Dinh district

6 Tạ Thúy Hậu Cat Linh ward, Dong Da district

7 Nguyễn Quốc Sơn Cat Linh ward, Dong Da district

8 Trần Văn Kế Cat Linh ward, Dong Da district

9 Nguyễn Mạnh Dũng Cat Linh ward, Dong Da district

10 Nguyen Hoang Cuong 33E Cat Linh - Cat Linh ward, Dong Da district

11 Phung Thanh Hong 27D Cat Linh - Cat Linh ward, Dong Da district

12 Dao Duc Minh 41 Cat Linh- Cat Linh ward, Dong Da district

13 Vũ Chấn Phương Quoc Tu Giam ward, Dong Da district

14 Đào Thị Kim Đào Văn Chương ward,

15 Đoàn Thị Hưng Văn Chương ward,

16 Nguyễn Hữu Tuấn Văn Chương ward,




Appendix 2: Some photos in the monitoring phase.

Meet the households with complaints in the area of Depot and Access Line - Phase 1

Meet the households with complaints about the depot and access line - Phase 2 and attended the meeting at Hanoi People's Court

Mr. Truong works with Court official Mrs. Tinh works with Court official




Community consultation meeting in the tunnel area




Current status of site clearance

Hồ Tùng Mậu

269 Cầu Giấy

Station 11




Cát Linh strees




Appendix 3: Detailed complaint resolution process




Appendix 4: Tunnel section

4.1. Prepare uRP for Tunnel




4.2. Minutes of the meeting of the consultations

Cat Linh ward on January 23, 2021




Van Mieu ward on January 26, 2021




Quoc Tu Giam ward on March 04, 2021




Van Chuong ward on January 25 and 29, 2021




Kim Ma ward on March 12, 2021




4.3. Documentation (PIB) sent to households at consultation meetings

Viet Nam: Ha Noi Metro Rail System Project (Line 3: Nhon ...

Documents

Transcript of Viet Nam: Ha Noi Metro Rail System Project (Line 3: Nhon ...