Resettlement Plan

Stage of document: Final

Loan number: L2754

November 2020

VIE: Viet Nam Water Supply Sector Investment Program

PFR 1: Ho Chi Minh City Water Supply Project

CW1 Contract - Construction of D2400mm Water Transmission Pipeline

from Binh Thai South Cross to Junction of Dien Bien Phu and Nguyen Binh

Khiem Street

Section from shafts SH-02 to SH-04

Prepared by SAWACO with support of Black & Veatch Consultant for ADB.

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CURRENCY EQUIVALENTS

(as of October 2020)

USD $ 1 = VND 23,170

REMARKS

In this report, "$" refers to US dollars.

This resettlement plan is a document of the Borrower. The views expressed herein do not

necessarily represent those of ADB's Board of Directors, Management, or staff, and may be

preliminary in nature. Your attention is directed to the “Definition of Terms” section of this

document.

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

ADB does not intend to make any judgments as to the legal or other status of any territory or

area.

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ACRONYMS AND ABBREVIATIONS

ADB Asian Development Bank

ADB PMU Project Management Unit

AP Affected Person

AH Affected Household

BVI Black & Veatch International Consultant

DPC District People’s Committee

DMS Detailed Measurement Survey

GOV Government of Viet Nam

HH Household

HCMC Ho Chi Minh City

IMA Independent Monitoring Agency

IOL Inventory of Losses

LURC Land Use Right Certificate

NGO Non-Government Organization

NRW Non -Revenue Water

PIB Project Information Booklet

PMU Project Management Unit

PPC Provincial People’s Committee

RCS Replacement Cost Survey

SH Shaft

SAWACO

WS

WT

Saigon Water Corporation

Water Supply

Water Tower

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TABLE OF CONTENTS

I. EXECUTIVE SUMMARY ................................................................................................ 9

1.1. Background ............................................................................................................. 9

1.2. Scope of Resettlement Impacts of section from SH 2 to SH4 .................................. 9

1.3. Consultation, Participation and Disclosure ............................................................... 9

1.4. Grievance Redress Mechanism ............................................................................. 10

1.5. Legal Framework ................................................................................................... 10

1.6. Entitlements, Assistance, and Benefits .................................................................. 10

1.7. Resettlement Budget and Financing Plan .............................................................. 10

1.8. Institutional Arrangement ....................................................................................... 10

1.9 Implementation Schedule ...................................................................................... 11

1.9. Monitoring and Reporting ....................................................................................... 11

II. INTRODUCTION .......................................................................................................... 12

2.1. Project Background ............................................................................................... 12

2.2. Description of package CW1: 2400mm Dia. Treated Water Pipeline ..................... 12

2.3. Description of the section from SH2 to SH4 ........................................................... 13

2.4. Rational and objectives of preparing RP for section of SH2 to SH4 ....................... 14

2.6. Socio-economic conditions of the project area ....................................................... 15

III. SCOPE OF IMPACTS .................................................................................................. 17

3.1. Survey process ...................................................................................................... 17

3.2. Impact on households and organizations and enterprises ...................................... 17

3.3. Impacts on Lands .................................................................................................. 17

3.4. Affected house and structures ............................................................................... 17

3.5. Affected utility works .............................................................................................. 17

3.6. Impact on business ................................................................................................ 19

3.7. Temporary Impacts during construction process .................................................... 19

3.8. Summary of Impacts .............................................................................................. 19

IV. CONSULTATION, PARTICIPATION AND DISCLOSURE ........................................... 20

4.1. Objectives of Information Disclosure and Public Consultation ................................ 20

4.2. Stakeholders for implementation the subproject: ................................................... 20

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4.3. Information Disclosure and Public Consultation During RP preparation ................. 22

4.4. Information Disclosure and Public Consultation During RP implementation ........... 25

V. IMPLEMENTATION PROCEDURES AND SCHEDULE ............................................... 25

VI. GRIEVANCE REDRESS MECHANISM ....................................................................... 27

VII. LEGAL AND POLICY FRAMEWORK .......................................................................... 29

7.1. ADB Policies .......................................................................................................... 29

7.2. Compensation and Resettlement Policy of the Government of Viet Nam ............... 29

7.3. Gaps Analysis and Project Principles..................................................................... 31

7.4. Resettlement Policy and Principles of the Subproject ............................................ 37

7.5. Subproject Entitlements ......................................................................................... 37

7.4.1. Eligibility ......................................................................................................... 37

7.4.2. Entitlements .................................................................................................... 38

VIII. RESETTLEMENT BUDGET AND FINANCING PLAN ................................................. 40

8.1. Resettlement strategy ............................................................................................ 40

8.2. Procedures for flow of funds .................................................................................. 40

8.3. Compensation for affected utility works .................................................................. 40

8.4. Estimated cost of resettlement ............................................................................... 41

IX. INSTITUTIONAL ARRANGEMENTS ........................................................................... 42

9.1. Central Level ......................................................................................................... 42

9.2. Ho Chi Minh City People’s Committees (HCMCPC) ............................................... 42

9.3. District People’s Committee (DPC) ........................................................................ 42

9.4. Ward People’s Committee ..................................................................................... 43

9.5. Related specialized Departments .......................................................................... 43

9.6. Project Implementation Consultants ...................................................................... 43

X. MONITORING AND REPORTING ................................................................................ 43

ANNEXS .............................................................................................................................. 44

Annex 1: Minute of consultation with local authorities and relevant stakeholders ............. 44

Annex 2: Site Minutes signed by the concerned units ....................................................... 51

Annex 3: Agreement letter on relocation design of Thu Duc Power Company No. 1277 /

PCTĐ-KTAT .................................................................................................................... 57

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Annex 4: Official Letter of Thu Duc Electricity sent to relevant units to coordinate the

relocation of telecom items ............................................................................................... 71

Annex 5: Agreement letter on relocation design of Telecommunication companies (letter

3877/QLDAT) ................................................................................................................... 75

Annex 6: Agreement letter on relocation telecommunication design of VNPT THU DUC

CENTER (letter 668/VTTD-KTDH) ................................................................................... 79

Annex 8: Agreement to design and relocate the drainage system, owned by the Hanoi

Highway Company ........................................................................................................... 85

Annex 9: Construction license number 1862 / GP-SGTVT dated 15.10.2020 issued by the

Department of Transport of Ho Chi Minh City ................................................................... 86

Annex 10: Minute of consultation with agencies of utilities relocation ............................... 94

Annex 11: Photographs of site visits and consultation ...................................................... 97

Annex 12: Agreed construction organization plan to ensure construction safety during

construction and installation ............................................................................................. 99

LIST OF TABLES

Table 1 Preliminary Resettlement Schedule .................................................................... 11

Table 2 Area and population in and Subproject Districts, 2018 ....................................... 15

Table 3 Education and health care in the Subproject district, 2018 ................................. 16

Table 4 Amount of utility works to be relocated ............................................................... 18

Table 5 Summary of impacts........................................................................................... 19

Table 6 List of main documents for Utilities relocation works .......................................... 26

Table 7: Sub-project implementation schedule ................................................................. 26

Table 8 Gap Analysis on 2013 Land Law and Decree 47/2014/ND-CP and ADB 2009 SPS

33

Table 9 Entitlement Matrix .............................................................................................. 39

Table 10 Cost Estimates for the Resettlement Plan Implementation of section of SH2 and

SH4 41

LIST OF FIGURES

Figure 1: Location of the 2400 mm Treated Water Pipeline................................................. 14

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DEFINITION OF TERMS

Affected people

(AP)

- Means any household, person, firm, private or public institution that, on

account of changes resulting from the Subproject, will have its (i) standard

of living adversely affected; (ii) right, title or interest in any house, land

(including residential, commercial, agricultural, forest, salt mining and/or

grazing land), water resources or any other moveable or fixed assets

acquired, possessed, restricted or otherwise adversely affected, in full or

in part, permanently or temporarily; and/or (iii) business, occupation,

place of work or residence or habitat adversely affected, with or without

displacement. In the case of a household, the term AP includes all

members residing under one roof and operating as a single economic

unit, who are adversely affected by a subproject or any of its components.

Cut-off date - Coincides with the date of the start of the detailed measurement survey

(DMS) of affected assets. The AHs will be informed of the cut-off date for

each subproject component, and any people who settle in the subproject

area after the cut-off date will not be entitled to compensation and

assistance under the subproject.

Detailed

Measurement

Survey (DMS)

-

With the aid of the approved detailed engineering design, this activity

involves the finalization and/or validation of the results of the inventory of

losses (IOL), severity of impacts, and list of APs earlier done during RP

preparation. The final cost of resettlement can be determined following

completion of the DMS.

Entitlement - Refers to a range of measures comprising compensation, income

restoration support, transfer assistance, income substitution, relocation

support, etc. which are due to the APs, depending on the type and

severity of their losses, to restore their economic and social base.

Eligibility - Means any person who has settled in the subproject area before the cut-

off date that suffers from (i) loss of shelter, (ii) loss of assets or ability to

access such assets, permanently or temporarily, or (iii) loss of income

sources or livelihood, regardless of relocation ... will be entitled to

compensation and/or assistance.

Inventory of

losses

- This is the process where all fixed assets (i.e., lands used for residence,

commerce, agriculture, including ponds; dwelling units; stalls and shops;

secondary structures, such as fences, tombs, wells; trees with

commercial value; etc.) and sources of income and livelihood inside the

subproject right-of-way (ROW) are identified, measured, their owners

identified, their exact location pinpointed, and their replacement costs

calculated. Additionally, the severity of impact to the affected assets and

the severity of impact to the livelihood and productive capacity of APs will

be determined.

Land acquisition - Refers to the process whereby an individual, household, firm or private

institution is compelled by a public agency to alienate all or part of the

land it owns or possesses to the ownership and possession of that agency

for public purposes in return for compensation at replacement costs.

Meaningful

consultation

- A process that (i) begins early in the project preparation stage and is

carried out on an ongoing basis throughout the project cycle; (ii) provides

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timely disclosure of relevant and adequate information that is

understandable and readily accessible to APs; (iii) is undertaken in an

atmosphere free of intimidation or coercion; (iv) is gender inclusive and

responsive, and tailored to the needs of disadvantaged and vulnerable

groups; and (v) enables the incorporation of all relevant views of APs and

other stakeholders into decision making, such as project design,

mitigation measures, the sharing of development benefits and

opportunities, and implementation issues

Rehabilitation - This refers to additional support provided to AHs/APs losing productive

assets, incomes, employment or sources of living, to supplement

payment of compensation for acquired assets, in order to achieve, at a

minimum, full restoration of pre-project living standards and quality of life.

Relocation - This is the physical relocation of an AH/DP from its pre-project place of

residence and/or business.

Replacement

cost study

- This refers to the process involved in determining replacement costs of

affected assets based on empirical data.

Resettlement - Means all social and economic impacts that are permanent or temporary

and are (i) caused by acquisition of land and other fixed assets, (ii) by

change in the use of land, or (iii) restrictions imposed on land, as a result

of a project. This includes all measures taken to mitigate any and all

adverse impacts of a subproject on DP property and/or livelihoods,

including compensation, relocation (where relevant), and rehabilitation as

needed.

Resettlement

plan (RP)

- This is a time-bound action plan with budget setting out compensation

and resettlement strategies, objectives, entitlements, actions,

responsibilities, monitoring and evaluation.

Vulnerable

group

- These are distinct groups of people who might suffer disproportionately

or face the risk of being further marginalized by the effects of resettlement

and specifically include: (i) female headed households with dependents,

(ii) disabled household heads, (iii) households falling under the generally

accepted indicator for poverty, (iv) children and the elderly households

who are landless and with no other means of support, (v) landless

households, and (vi) indigenous people or ethnic minorities.

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I. EXECUTIVE SUMMARY

1.1. Background

1. ADB and the Government of Viet Nam (GoV) have agreed to fund a series of water

supply projects in Viet Nam through a single water sector loan financed under a Multitranche

Financing Facility (MFF). The MFF will support the National 2025 Orientation Plan for Urban

Water Supply to reach 90% coverage with 120 litres per capita/day and 25% non-revenue

water (NRW) by 2015 and universal coverage with 15% NRW by 2025. ADB has provided a

loan for the “Non- revenue water reduction, network expansion and institutional strengthening

for Saigon Water Supply Corporation from 2011 to 2015 ”Project” for developing and improving

the water supply system, which was implemented in 2016.

2. The project includes 4 packages including: (i) CW1: 2400mm Diameter Treated Water

Pipeline; (ii) CW2: Information Communication and Technology (ICT); (iii) CW3: Construction

of Water Supply Network in 3 communes of Hoc Mon and Binh Chanh Districts which the

construction was implemented in 2016- 2017; and (iv) CW4: Climate Change Adaptation and

Mitigation

3. The package CW1 is construction of D2400 mm treated water pipeline between Thu

Duc WTP and the Center of the City with total length of about 10.3km of D2400mm water

treated pipelines and 14 shafts including SH0, SH2, SH4, SH6, SH8, SH9, SH11, SH12, SH13,

SH14, SH15, SH17, SH19 and SH 22. The detailed design of section from SH0 to SH 4 was

approved by SAWACO in Decision No. 271 / QD-TCT-KHDT dated 9th June 2020. The

remaining section has not been approved yet. However, the detailed design of section 1, at

shaft SH-0 can be changed to limit the scope of subproject impacts. Therefore, this RP for

sections 2 from shafts SH2 to SH 4 is prepared and to be approved by ADB before construction

time.

4. This RP is prepared based on the detailed design that is approved by SAWACO by

Decision No. 271/QD-TCT-KHDT dated 9th June 2020 and results of impact evaluation

conducted by contractor and BVI’s consultant, results of consultation meetings with relevant

agencies consistent with applicable laws of the Vietnam and ADB SPS 2009 The RP must to

be approved by ADB before construction time as regulations of ADB SPS 2009. (Please note

that, SAWACO has signed the contract agreement on 24th July 2017 with the VCGP-BESSAC

CW1 Joint-Venture for the design, construction and commissioning.

1.2. Scope of Resettlement Impacts of section from SH 2 to SH4

5. As approved technical design, the construction of this section will not involve to land

acquisition as well as any household, except 02 business / enterprises may temporary affected

during construction time due to traffic restrictions. The total area of temporary affected land is

6,196 m2 that is located within the widening area of Hanoi highway. In addition, the section will

also impact on some utility works, including:

- Electrical system: 04 electric poles, 276 meters of Wires, 01 transformer station;

- Telecommunication system: 1,162 meters of Telecommunicative cable;

- Drainage system: 47.35 meters of drainage culverts.

1.3. Consultation, Participation and Disclosure

6. At the time of project preparation in 2016, the consultation on draft detailed design was

organized with specialized units/ local authorities before submitting to HCMC PPC for

approval. Once the detailed technical design of the project is approved in June 2020, a lot of

consultation meetings, discussions was organized by SAWACO/Consultants (BVI and

Vince/BESSAC Joint Venture) with local authorities and relevant agencies. These

consultations are to identify the negative impacts and develop the plans for relocating affected

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public facilities. The project information booklet (PIB) will be delivered to local authorities, local

people in project area before the construction.

1.4. Grievance Redress Mechanism

7. A grievance mechanism was set up to help ensure that the complaints of local people/

organizations are resolved in a timely and satisfactory manner. Through the holding of

consultations during RP preparation, the local people/ organizations were made fully aware of

their rights to file a complaint, as needed. The resolution of a complaint will pass through 3

stages, beginning with the commune, then the district, and then the provincial level of the

People’s Committee before it is elevated to a court of law as a last resort. The SAWACO will

shoulder all administrative costs and legal fees incurred in the resolution of grievances.

1.5. Legal Framework

8. The Resettlement Plan of the subproject has been prepared based on policies and

Laws of Vietnam Government, regulations of Ho Chi Minh City and ADB’s safeguard policy

statement (SPS 2009) on Involuntary Resettlement (IR). The overall objectives of these-above

mentioned policies is to ensure that all people, including organization affected by the

subproject shall (i) improve or at least restore to at least pre-Project levels; (ii) receive

appropriate benefits; (iii) not be negatively affected by the subproject; and (iv) actively

participate in projects that have impacts on them. The terms and principles in this RP are in

accordance with the current regulations of Vietnam. However, in case of any discrepancy,

Asian Development Bank’s (ADB’s) Policy will be followed (according to Decree No.

56/2020/ND-CP which provides that in case of “discrepancy between any provision in an

international treaty on Official Development Assistance (ODA), to which the Socialist Republic

of Viet Nam is a signatory, and the Vietnamese Law, the provision in the international treaty

on ODA shall take precedence” (Article 45).

1.6. Entitlements, Assistance, and Benefits

9. The project entitlements are based on the ADB 2009 SPS that have been harmonized

with existing GOV laws. One key policy objective governing land acquisition is to replace or

compensate for lost assets based on the principle of replacement cost. Compensation and

various types of cash allowances, including assistance for affected organizations/AHs as well

as assistance for the relocating, will be provided prior to displacement of organizations/AHs

from their land, and assets, to help ensure that they will be at least as well off as they would

have been in the absence of the subproject.

1.7. Resettlement Budget and Financing Plan

10. The resettlement budget for this subproject includes the cost for relocating and

reconstruction the affected utility works. The contractor (VCGP-Besac CW1 Joint-Venture) to

calculate the cost including relocation and reconstruction, carry out the works then SAWACO

will reimburse pay the full cost to the contractor.

11. The cost of implementing resettlement for of the New 2400 mm Water Treated Pipeline

subproject in HCMC subproject in section SH2 and SH4 shafts is estimated at VND

6,770,039,856 (equivalent to 292,189 US$ with US$ 1= VND 23,170) including 10%

contingency. The SAWACO is responsible for ensuring that funds for resettlement are

sufficient and are available on a timely manner.

1.8. Institutional Arrangement

12. The Executing Agency (EA) is the Saigon Water Corporation (SAWACO) in Ho Chi

Minh City, Viet Nam, that is responsible for the loan of Project, on behalf of the Government.

11

A Project Management Unit (ADB-PMU) will be established for the project within SAWACO as

Implementing Agency (IA), ADB-PMU will be responsible for the preparation and

implementation of the RP in close collaboration with the HCMC People’s Committee (PC), Thu

Duc district and Department of Transport, Department of Industry and Trade and other relevant

agencies.

1.9 Implementation Schedule

13. This RP will be implemented before commencement of civil works. It is expected that

relocation activities will be carried out in November 2020. A preliminary schedule of RP

preparing and implementation for shafts SH2 and SH4 is presented in table below.

Table 1 Preliminary Resettlement Schedule

Activities Time frame

Approved Detail desgin of Shaft 02+shaft 04 June 2020

Surveys, design for removing utiliy works June – September 2020

Agreements for removing the utilities by competent agencies July – October 2020

Conduct of field survey, public consultation for preparing RP September & October, 2020

SAWACO to submit the RP to ADB for approval October, 2020

ADB no-objection to RP and posting of RP to website October, 2020

SAWACO to endorse the RP to HCMC for concurrence November, 2020

ADB provide NOL to Start of RP implementation (including

utility works’ relocation and re-establishment) November 2020

Internal monitoring for SH2 and SH4 RP From September 2021

Post-resettlement implementation evaluation (6 months after

completion of RP implementation) July 2021

1.9. Monitoring and Reporting

14. The ADB-PMU under SAWACO is an internal monitoring body. With assistance of the

Loan Implementation Consultant (LIC), SAWACO will prepare semi-annual monitoring reports

to be submitted to ADB starting from the commencement of the RP preparation. The subproject

is category B in resettlement. Therefore, it is not required external monitoring agency (EMA).

But, it is known that the Investor will not hire another unit to perform independent monitoring.

Instead, the CS11 consultant will organize / hire a sub-consultant for implementation by 2020.

The EMA will submit bi-annual reports to ADB. The EMA will likewise carry out a post-

subproject assessment survey within 6 to 12 months after relocation and re-establishment for

affected utility works.

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II. INTRODUCTION

2.1. Project Background

15. The project includes 4 main components: (i) CW1: 2400mm Dia. Treated Water

Pipeline; (ii) CW2: Information Communication and Technology (ICT); (iii) CW3: Construction

of Water Supply Network in 3 communes of Hoc Mon and Binh Chanh Districts which the

construction was implemented in 2016- 2017; and (iv) CW4: Climate Change Adaptation and

Mitigation.

16. The objectives of the project are to: i) Expand water supply coverage and the service

area; ii) Achieve a continuous high quality 24-hour water supply with good pressure; iii) Reduce

non-revenue water in zones 3 to 6 in HCMC.

17. As of February 2020, the overall physical progress of the project is 43%, against 90%

of the original project implementation period elapsed. The progress has been stuck with basic

design reapproval and detailed design approval. The new and ongoing contracts under the

project are: CW1, GD5, CS5, CS6, CS11, CS14, CS15 and CS16

2.2. Description of package CW1: 2400mm Dia. Treated Water Pipeline

18. The CW1 subproject is part of SAWACO's master plan to construct the D2400 mm

treated water pipeline between Thu Duc Water Plant and the City Center. The CW1 is

implemented in Ho Chi Minh City passing through 4 districts including Thu Duc, District 2, Binh

Thanh and District 1; Scope of works of CW1 package is construction of D2400mm treated

water pipeline with 10 connections and the length of pipeline about 10.3 km with 14 shafts

(SH0, SH2, SH4, SH6, SH8, SH9, SH11, SH12, SH13, SH14, SH15, SH17, SH19 and SH 22.

19. The contract agreement between SAWACO and VCGP-BESSAC CW1 JV (Contractor)

was signed on August 24th, 2017. Accordingly, the alignmen of water pipeline, detailed design

and plans for the relocation of utilities and road diversion have been proposed by the contractor

and approved by relevant agencies. However, the alignment of water pipeline will be placed in

the corridor of the Hanoi Highway and will extend from the Binh Thai crossroad (in Thu Duc

district) to the city center. The water pipeline will crosses Saigon River about 580 m wide and

three canals about 102 m wide, 90 m wide and 150 m wide respectively and Hang Xanh area;

The main construction method is to apply pipe jacking technology; and open excavation

method in some locations; The total investment of the project is 154,000,000 USD (equivalent

to 3,619,000,000,000 VND). Of which, ADB loan 130,000,000 USD (3,243,000,000 VND);

Reciprocal capital: 16,000,000 USD (376,000,000,000 VND).

20. Based on the technical basic design of Package CW1, a site survey was conducted for

all sections of the package to determine the current status and potential impacts of this

package in term of land acquisition and social impact during Quarter 1 2020, the detailed

results are as follows;

21. Based on the approved detailed design after adjustment by Decision 1244/QĐ-UBND

of HCMC People’ Committee, a survey design was conducted for each section of the

component of package CW1 to determine the current status and potential impacts of these

sections in term of land acquisition and social impact during in I Quarterly 2020, the detailed

results are as follows:

- The new pipeline will have total length of about 10.3km with diameter of 2400mm and

will be constructed by jacking method. The pipeline’s beginning point will connect to

the existing D2400 pipeline at Binh Thai crossing. The pipeline will be designed to run

along Nguyen Van Ba and Song Hanh streets, in parallel with Metro line, cross Rach

Chiec and Sai Gon rivers, run along Dien Bien Phu street and cross Nhieu Loc – Thi

13

Nghe canal to its end point section at junction of Dien Bien Phu and Nguyen Binh Khiem

streets. It is expected that 14 shafts will be constructed on the route, including 7

launching shafts and 7 exit shafts

- The location of the pipeline is on public land where public facilities have been built, so

there is no land acquisition and no compensation is required. However, it is necessary

an amount to relocate and reconstruct for affected public facilities.

2.3. Description of the section from SH2 to SH4

22. Location of shaft SH2: The shaft SH-2 will be located under the roadbed of Nguyen Van

Ba Street (near the crossing with road No.2): Shaft SH-2 shall be constructed by subsiding

method, then it will encounter with following existing utilities:

• D1200 drainage sewer on Song Hanh road of Ha Noi highway: Ho Chi Minh city

infrastructure investment joint-stock company (CII)

• Lighting poles: Ho Chi Minh city infrastructure investment joint-stock company

(CII):

23. Location of shaft SH-4: The shaft 4 will be located under the roadbed of Nguyen Van

Ba street (near Ha Tien cement plant). Shaft SH-4 shall be constructed by subsiding method,

then it will encounter with following existing utilities:

• Underground telecommunication cable line: West city project management unit,

under Ho Chi Minh city Post.

• D1800 drainage sewer on the Song Hanh road of Ha Noi highway: Ho Chi Minh city

infrastructure investment joint-stock company (CII)

24. Along the pipeline, there are the following existing works. Location and characteristics

of works are shown in the design document:

- Drainage: on the route there is a rainwater drainage system with diameter from

D400-D2500 and a wastewater drainage system with diameter from D280 to D600.

- Electricity: On the route, there are medium voltage electrical networks with voltage

of 22 KV, including floating medium voltage line and underground medium voltage

line. In addition, the line also has low voltage grid and transformer station.

- Telecommunication: There are underground telecommunications lines 2Pi110, 4

Pi110, 6 Pi110, 8 Pi110 and optical cable lines 114F0; 12F0.

25. The construction area is located in the side road of Ha Noi highway (Song Hanh road).

There are 02 enterprises near the construction area of shaft SH2 and SH4, including Ha Tien

1 Cement Joint Stock Company and Thu Duc Mechanical and Electrical Joint Stock Company.

One of the two companies, Ha Tien 1 Cement, is in the process of relocating. Land managed

by enterprises is leased out by the state for a long time. The, BVI's consultant team visited the

construction site and interviewed with these units. Attached pictures of these units in Annex

11.

26. Field survey results by BVI’s consultant and contractor’s show that there will be no land

acquisition and no direct impacts on these enterprises

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Figure 1: Location of the 2400 mm Treated Water Pipeline

Section completed construction in 2013

2.4. Rational and objectives of preparing RP for section of SH2 to SH4

27. According to Decision No. 271/QD-TCT-KHDT dated 9th June 2020, the detailed

design only approved for section 1 including shafts of SH0, SH2, SH4, 938m of D2400mm

water pipeline from SH0 to SH2, 1040m of D2400mm water pipeline from SH2 to SH4 and

1,107m of D2400mm water pipeline from SH4 to SH6 but not yet approved for SH6 and

remaining pipelines and shafts. Therefore, full RP can not be prepared for whole package

CW1. However, in order to ensure the progress of project implementation. ADB has agreed

for preparing the RP by sections once its detailed design is approved. In addition, the detailed

design of shaft SH0 under Section 1 is being reviewed and re-appraised by DOT as proposal

of Contractor in order to reduce the negative impacts on local people and two sections of water

pipeline from SH0 to SH2 and section of water pipeline from SH4 to SH6 will be implemented

later. Accordingly, this RP is only prepared for the section from shaft SH2 to SH4 with items of

shafts of SH2, SH4, and 1040m of D2400mm water pipeline from SH2 to SH4.

28. This Resettlement Plan (RP) is prepared based on the approved detailed design of

section 1 and impacts evaluation that was conducted by BVI’s consultant, results of

consultation with relevant agencies consistent with applicable laws of the Vietnam and with the

ADB SPS 2009.

29. This RP is the guiding document that identifies the key issues to address in reconciling

the requirements of ADB’s SPS (2009) on Involuntary Resettlement with National and

Provincial Government Policies. This RP ensures that the subproject will where ever possible

(i) avoid involuntary resettlement; (ii) minimize involuntary resettlement by design solutions;

(iii) improve or, at least, restore conditions of people/organization to their pre-project condition.

It also presents profiles of APs and their current characteristics. The RP also includes work

schedule and estimated budget for implementation, a monitoring mechanism on resettlement

implementation for the subproject.

2.5. Measures Undertaken to Minimize Subproject Impacts

30. The pipeline’s location has been selected based on the criteria of causing the least

impact. To minimize undesirable impacts of the subproject, some measures will be used to

minimize the impact, that includes:

15

- For construction method: the contractor applies pipe jacking method and using

prefabricated steel embedded concrete pipe to avoid damaging residential and public

works as well as existing utilities encountered during construction of this project.

- To reduce the impacts of transportation and ensure traffic safety: During the

construction time, transportation on the corridor of Hanoi highway will be limited by

the construction site area occupies ≥ 50% of the width of the road surface. The traffic

management plan for the sections related to Shelfs SH 2 and SH4 was prepared and

approved by DOT on September 2020; In addition, at areas where there is high traffic

density such as intersections, and narrow road, the construction unit shall arrange

staff to guide and regulate traffic to ensure traffic safety; particularly during

construction at night time; to reinstate the road surface right in the next morning.

Therefore, traffic condition at the project location will be still guaranteed.

- The excavated soil shall be put into bags and transported out of the construction site,

without falling or scattering affecting the traffic. There must be a protection barrier with

light at night and a sign of the construction site. The construction unit must contact

the management authority of the underground utilities for specific instructions to

ensure safety for underground utilities;

- All construction activities shall comply with local and state regulations, including

regulations and norms relating to occupational safety, health and welfare of

individuals and communities.

- During construction time at the construction site, the Contractor must prepare

emergency facilities and full medical equipment for first aids. Medical devices must

be available for use at any time.

- The contractor shall organize construction so as to avoid causing the least damage

to neighboring property owners. The contractor shall make agreement themselves

with the property owner to repair or replace if there is any damage

31. In addition, the relocation of utility works is also considered to reduce the impact to

local people and organization. For example, power supply plan (only one power cut, about 4

hours to switch the connection from existing grid loads to the post-renovated grid (new

construction grid);

2.6. Socio-economic conditions of the project area

32. Ho Chi Minh City is one of the largest municipalities in Vietnam. With a total area of

more than 2,095 km2, the city is divided into 24 districts with 322 wards, communes and towns.

As of 2018, Ho Chi Minh City currently has 8.83 million people, of which 48.7% are male and

51.3% are female.

33. The subproject will affect 6 out of 53 wards of Thu Duc, Binh Thanh, District 2 and

district 1 of HCMC. In 2018, the total population of the 53 wards in the subproject area was

1,383,829 persons, accounting for 20 % of the total population of HCMC. The section from SH-

2 to SH-4 located in Truong Tho ward, Thu Duc district. The area and population in subproject

district in table below

Table 2 Area and population in and Subproject Districts, 2018

District

Number of administrative unit Area

(Km2

Population (person) Population density (person/

km2) Total Ward Male female Total

Thu Duc 12 12 47,80 286,903 293,143 580,046 12,135

District 2 11 11 49,79 82,400 87,938 170,338 3,421

16

Binh Thanh 20 20 20.78 231,542 260,928 492,470 23,699

District 1 10 10 7,72 66,165 75,810 140,975 18,261

Total 53 53 126,09 286,903 293,143 580,046 57,516

Source: Statistical year book of Ho Chi Minh city, 2018

34. Local people who are living in subproject area (in Shaft 2 and shaft 4 area) include

people with household registration in Quarter 13, Truong Tho Ward, Thu Duc District and

people who rent land, temporary houses, and kiosks for small business. Quarter 13 has about

10 households with household registration and about 20 households renting kiosks / point to

do business. Households live in many different jobs such as trading, working as a civil servant,

doing repair work and 02 households living on rent / location. Most of the tenants come from

neighboring provinces. They rent places to do business with many types such as selling /

repairing motorbikes, interior design, selling food, drinks ...

35. According to the traffic management plan approved by the Department of Transport

(DOT) on September 18, 2019, the current traffic situation has an average traffic density.

Based on the survey results collected in the period of preparing a traffic management plan, the

distribution rules of vehicles are as follows:

- Based on weekdays: the traffic at peak hours on Friday is the largest;

- The traffic of vehicles is most distributed from 6:00-9:00 in the morning and from

16:00-19:00 in the afternoon

36. In the process of development and integration, Ho Chi Minh City has always been an

economic, financial, commercial and service center of the country; is the nucleus of the

southern key economic region, one of the three largest key economic regions in the country.

With a high economic growth rate, the city size only accounts for 0.6% of the area and 8.3%

of the population, but contributes 20.2% of the total national product, 26.1% of the value of the

product. industrial export and 44% foreign investment. The sex balance is seemingly equal as

there is insignificant difference between the percentage of the male (50,53%) and female

(49,47%) population. The education and health care system that meet the requirements of the

city residents. In the project area, at least each ward has 2 to 3 kindergartens, 2 primary and

junior middle schools, and each district has 1 to 3 high schools. The health system covers all

wards and wards to take care the health needs of the people.

Table 3 Education and health care in the Subproject district, 2018

District Education Number of health establishments in

Preschool Primary

Lower

secondary

Upper

secondar

y

Hospital Regional

polyclinic

Medicals

ervice

unit

Total

Thu Duc 115 25 14 9 2 - 12 14

District 2 70 23 11 9 4 - 8 12

Binh

Thanh 52 25 15 10 5 - 20 25

District 1 27 37 17 9 16 10 26

Total 264 110 57 37 27 50 77

110 57 37 27 - 50 77

Source: Statistical year book of Ho Chi Minh city, 2018

17

III. SCOPE OF IMPACTS

3.1. Survey process

37. The site survey was conducted by VCGP-BESAC CW1 Joint-Venture (CW1

Contractor) in 2018 and 2020 with minute of site inspection that was signed by relevant parties

(attached minute in Annex 2) and the field survey conducted by the project BVI consultant team

in September 2020 looked at the scope of impacts of the Section from SH2 to SH4 based on

approved detailed design

3.2. Impact on households and organizations and enterprises

38. Results of survey showed that no household affected by the construction of SH2 and

SH4, except 02 enterprises near project area may be temporary affected during construction,

include Thu Duc Mechanical and Electrical Joint Stock Company and Ha Tien 1 Cement Joint

Stock Company. The detailed location of these enterprises are as follows:

- Thu Duc Mechanical and Electrical Joint Stock Company, at km 9 of Hanoi

Highway, in Truong Tho Ward, Thu Duc District, near the construction site of shaft

SH2, may have some difficulties when customers come to the transaction by

restriction to access road to the company.

- Ha Tien 1 Cement Joint Stock Company at km 8 of Hanoi Highway, Truong Tho

Ward, Thu Duc District, near the construction site of shaft SH4. However, the

company is in the process of moving the factory to another area. Thus, the entire

leadership team is not present. All the workshops and workers have also moved.

3.3. Impacts on Lands

39. According to the approved detailed design, the section, the section will be implemented

on public land only, so it will not effect on private land and property of the local people and no

need to compensate to households. However, during the construction time, there will be

temporary impact on 6,196 m2 of public land (corridor of Ha Noi highway) for the construction

of this section. This area is under management of HCMC department of Transport.

3.4. Affected house and structures

40. No households and structure of the households will be affected by section from SH2

to SH4 implementation.

3.5. Affected utility works

41. Based on the minute of site inspection, after detailed design approval that was signed

by relevant parties in Aug 2020, the construction of section from SH2 to SH4 will affect a

number of utility works in Truong Tho ward, Thu Duc district. That includes electricity system,

telecommunications cable system, drainage system. Owners of electricity system is Thu Duc

Power Company belongs to HCMC Electricity Corporation and communicative cables is

Telecommunication Companies. These utility works will be affected by construction activities

at the location of shafts SH2 and SH4. For pipeline installation, there will be no any impacts

because the project has applied the “Pipe Jacking technology” that is the technology of

underground technical installation, hydraulic jacking equipment is used to jack the tubes to the

head of drill from a jack shaft to a receiving shaft to make a long pipeline Table below summary

the impacts.

18

Table 4 Amount of utility works to be relocated

Shaft Describe existing utility works to be relocated Quantities Management Unit

SH-2

1.1. Electrical displacement

Thu Duc Electricity

Installation of 14m double reinforced concrete 2 poles

An Phu 22 kV medium voltage line has been replaced by a pressure voltage of 2x3M240 - 24 kV

95 meter long

The 22 kV underground cable section connecting the An Phu - Viet Thang route is connected at the new planting post and pulls the new underground cable with the section 2x3M240 - 24 kV

13 meter long

1.2. Telecommunication Fiber optic cable relocation

Thu Duc Telecommunication

and others

Relocate Telecommunication fiber optic cable route 1 road (160m) F8.144FO + 1 road (160m) F8.12FO with a total length of 320 m

320 meter long

Relocate Telecommunication copper cable route 1 road (280m) F8.100x2x0.4 + 1 road (140m) F8.50x2x0.4 with a total length of 42 m

42 meter long

SH-4

2.1. Electrical displacement

Thu Duc Electricity

Installation of 14m double reinforced concrete pier 2 poles

Disassembly and reinstallation of the transformer station

1 station

The 22 kV floating medium voltage line An Phu is replaced by an underground cable with a 2x3M240 - 24 kV cross section

75 meter long

The 22 kV underground cable section connecting An Phu - Cement Ha Tien 2 line is connected to the new planting post and pulls the new underground cable with cross section 3M240 - 24 kV long

53 meter long

The low voltage line connecting to Cay Xanh 1 transfomer station is relocated by station, existing ABC4x50 mm2 cable is replaced with new cable with same cross section, single line

40 meter long

2.2. Telecommunication Fiber optic cable relocation

Thu Duc Telecommunication

and others

Telecommunication fiber optic cable 1 way (110m) F8.96FO + 1 road (110m) F8.48FO +1 road (180m) F8.24FO + 1 road (180m) F8.12FO will be relocated with a total length of 580 m

580 meter long

Telecommunication copper cable line 1 road (80m) F0.400x2x0.4 + 1 highway (140m) F0.200x2x0.4 will be relocated with a total length of 220 m

220 meter long

2.3 Part of drainage sewer D1800 + 04 manholes: length of relocated sewer line

47,35 meter long

Source: Utilities Relocation Design, 2020

19

3.6. Impact on business

42. Survey results in 2020 show that no any households and businesses will be affected

by section from SH2 to SH4 implementation.

3.7. Temporary Impacts during construction process

43. This type of impact occurs during subproject implementation due to the requirement of

temporary access to construction facilities and during the construction of Shafts. The Project

Implementation Consultant and the civil construction contractor will determine the sites for the

access road and temporary use machines. Civil construction contractor will be restoring

temporarily affected lands to their original condition before returning them to landowners. The

BVI will ensure that this condition is specified in the civil engineering contractor's contract. The

monitoring report will update the impacts during construction as well as mitigation measures

44. However, the construction of safety fences for shafts during construction will more or

less transport limitation to local people. SH2 and SH 4 are located on the main arterial line of

the city. To reduce traffic restriction, SAWACO has cooperated with the contractor to propose

a traffic management plan and is accepted by the Department of Transport of Ho Chi Minh City

through the Official Letter No. 7153-SGTVT-KT dated September 18, 2020 for the construction

of the D2400 water supply pipeline on Nguyen Van Ba street (sections SH- 2 and SH -4) and

Official Letter No. 11306 / SGTVT-KT dated 23rd September 2020 (Annex 12 for the layout

traffic management plan)

3.8. Summary of Impacts

45. As results of site survey was conducted by VCGP-BESAC CW1 Joint-Venture

(CW1 Contractor) in 2018 and 2020 , there is no any permanent effects on private land,

houses, trees and structures of households and businesses due to construction of Shafts SH2

to SH4. However, the section implementation will temporary impact on 6,196 m2 of public land

that will be used for the reconstruction and relocation of the affected utility works by shafts SH2

and SH4. The subproject will affect the following utility works:

• Electrical system: 04 electric poles, 276 meters of Wires, 01 transformer

station;

• Telecommunication system: 1,162 meters of Telecommunication Fiber

optic cable;

• Drainage system: 47,35 meters of drainage culverts will be affected by

sections of shaft SH2 and SH 4

46. The table below is summarized the impacts by section 2 construction:

Table 5 Summary of impacts

Shaft

Temporary Affected land area

(m2)

Power system(m) Tele-

communicative cable

Drainage system (m) Electric

poles Wires

SH2 3,844 2 108 362

SH4 2,352 2 168 800 47,35

TOTAL 6,196 4 276 1,162 47,35

Source: Detailed design document, March 5, 2020

20

IV. CONSULTATION, PARTICIPATION AND DISCLOSURE

4.1. Objectives of Information Disclosure and Public Consultation

47. In compliance with GOV’s Land Law 2013 (Article 48, Article 67, and Article 69), SPS

(2009) and ADB’s Public Communication Policy: Disclosure and Exchange of Information (2011),

the SAWACO promotes the active participation of the Project-based stakeholders. They have

been identified during the series of disclosures and public consultations with all stakeholders,

including district, Wards, mass organizations, and the local people.

48. ADB Safeguards Policy Statement (SPS 2009) requires that in line with ADB’s Public

Communications Policy, ADB is committed to working with the borrower/client to ensure that

relevant information (whether positive or negative) about social and environmental safeguard

issues is made available in a timely manner, in an accessible place, and in a form and

language(s) understandable to affected people and to other stakeholders, including the general

public, so they can provide meaningful inputs into project design and implementation. The

disclosure of information, with the consultation and participation of all APs and relevant

stakeholders, will minimize the risk of disputes and Project delay.

49. The objectives of public information and consultation program with the APs are:

➢ To ensure that local authorities as well as all APs will be represented in the planning and

decision-making process. SAWACO will keep the dialogue with the DPC during the

process of the project implementation. The participation of APs will be continued later by

means of requesting districts to invite their representatives to the resettlement activities

(asset valuation, compensation, resettlement and supervision);

➢ To fully share information about the components and operation of the Project with APs in

order that this process will be transparent;

➢ To collect information on the needs and priorities of all APs as well as information about

their reactions to proposed policies and activities;

➢ To ensure that all APs are fully informed about the decisions that will affect their income

and living standards, and that they will have the opportunity to participate in the activities

and decision making on the issues that will directly affect them. Inform APs regarding

entitlements, grievance redress arrangements, consultation and communication

arrangements as well as resettlement plan preparation and implementation

arrangements;

➢ To get the cooperation and participation of all APs and communities on activities

necessary for the development and implementation of the resettlement plan in a bottom-

up manner;

➢ To ensure transparency in all activities related to land acquisition, resettlement and

rehabilitation.

4.2. Stakeholders for implementation the subproject:

50. Stakeholders for implementation the subproject was informed and consulted, that include:

+ Stakeholder for agreement on pipeline alignment SH2 to SH4:

• Administrative management authority: Truong Tho ward, Thu Duc district, Ho Chi Minh

city.

• Road infrastructure management authority: No.2 Urban traffic management authority

21

• Urban railway and infrastructure management authority: Management authority for

urban railways

• Ho Chi Minh city infrastructure investment joint-stock company (CII);

• Local people who are living in subproject area;

• Owners of electricity system is Thu Duc Power Company belongs to HCMC Electricity

Corporation and communicative cables is Telecommunication Companies.

+ Stakeholders for shaft SH-2:

• Administrative management authority: Truong Tho ward, Thu Duc district, Ho Chi Minh

city.

• Road infrastructure management authority: No.2 Urban Traffic Management authority,

Ho Chi Minh city infrastructure investment joint-stock company (CII)

• Urban railway and infrastructure management authority: Management authority for

urban railways

• Ho Chi Minh City public lighting one-member limited company;

+ Stakeholders for agreement on location of shaft SH-4:

• Administrative management authority: Truong Tho ward, Thu Duc district, Ho Chi Minh

city.

• Road infrastructure management authority: No.2 Urban Traffic Management authority,

Ho Chi Minh city infrastructure investment joint-stock company (CII)

• Urban railway and infrastructure management authority: Management authority for

urban railways

• West city project management unit, under Ho Chi Minh city Post;

• Local people who are living in subproject area;

• Owners of electricity system is Thu Duc Power Company belongs to HCMC Electricity

Corporation and communicative cables is Telecommunication Companies.

51. SAWACO has signed a contract with a Joint Venture contractor (Vinci-Bessac JV) to

design and construct the section 2 (including to relocation and re-establish the utility works). In

which, the sub-contractor: Nhat Minh Company is responsible for designing the relocation of utility

works and Le Ha Company is responsible for construction. Stakeholders for agreement on utility

works relocation as follow:

• Joint Venture contractor CW1 (Vinci-Bessac JV);

• Sub-contractor (construction unit): Le Ha Construction Trading Service Co., Ltd –

• Sub-contractor (Unit for making construction design drawings): Nhat Minh Trade and

Technology Joint Stock Company

• Management authority for the urban railway of HCMC;

• Thu Duc District Urban Management Office

• HCMC Infrastructure Investment JSC;

• Power company of HCMC;

22

• Power company of Thu Duc district;

• Public lighting companies of Thu duc district;

• Telecom companies in Thu Duc;

• Transmission enterprise of Sawaco, Thu Duc Water JSC;

• Public works companies of Thu Duc district

• Urban railway management board;

• Hanoi Highway Construction and Investment Joint Stock Company;

52. The specialized unit such as Department of transport (DOT), Center for management of

road traffic infrastructure (under the Department of Transport), competent specialized

management agencies on approval for the use of technical works outside the fence

53. All stakeholders support the project. Enterprises representatives also want to start early

and quickly to facilitate transactions with customers

4.3. Information Disclosure and Public Consultation During RP preparation

54. According to regulation of HCMC, The EA is responsible: When conducting the survey to

prepare FS and the EA must immediately notify in writing to the specialized management units

or the owners of the works. technical infrastructure to be relocated to the land acquisition scope,

works protection corridor (if any) and related documents to jointly prepare plans, funding sources,

plans to carry out relocation. In 2016, when there was a decision to approve the list Project,

information was sent to relevant units by SAWACO.

55. Before submitting the technical design to the Ho Chi Minh City PPC appraisal and then

Sawaco's approval in June 2020, the relevant units, including the local authorities (Thu Duc

district) that was consulted about the content and they all signed the design document.

56. During RP preparation, socio-economic and current condition surveys, group

working/discussions, key informant interviews and public consultation meetings with Aps/ various

stakeholders are the key methods of the consultative process. These will be used to ensure that

APs properly understand and accept the sub-project proposals for land acquisition, eligibility and

compensation for affected assets, as well as the sub-project objectives and implementation

schedule. Specific measures carried out during preparation of RP include:

- SAWACO with contractor have worked with relevant agencies and reach the agreement

for all required documents before DOT issue the construction permit. Sample agreements

is in appendix 3, 4, 5 and 8 (Agreement letter on electricity relocation design of Thu Duc

Power Company No. 1277 / PCTĐ-KTAT and Agreement to design and relocate the

drainage system, owned by the Hanoi Highway Company; Construction license number

1862 / GP-SGTVT, (see Annex 9). Agreed construction organization plan to ensure

construction safety during construction and installation,…). Summary the results of working

with owners of telecommunication cables and owners of electrical systems are as follows:

(i) For SH2: The water works of Thu Duc Water Supply Company do not overlap and

conflict with the construction of the shalfs SH2;

(ii) For SH 4:There is no conflict between the sub-project with overhead power lines

and telecommunication cables;

23

(iii) In areas with power grids affecting the construction of CW1 package, SAWACO

needs to hire a survey unit to make a relocation plan and negotiate with Thu Duc

Electricity Company on technical and examination plans. public and agree with the

land management unit with the facilities to relocate;

(iv) Thu Duc telecommunication cable company agrees with the relocation plan and

proposes to carry out the relocation agreement or can compensate them for

relocation;

(v) Hanoi Highway Investment Joint Stock Company agrees with the contractor's

proposal and requests the investor to make a relocation plan and agree with Ha Noi

Highway JSC.

- BVI consultant group conducted travels to two project sites (SH2 and SH4) for site

inspection and direct interview with 02 affected enterprises in the subproject area,

discusses the survey objectives and introduced the subproject. Summary of results as

below:

(i) With Ha Tien 1 Cement Joint Stock Company at km 8 of Hanoi Highway, Truong

Tho Ward, Thu Duc District, at the site of SH4 well construction: the team met Mr.

Nguyen Anh Tu, the staff of company. It is known that the company is in the process

of moving the factory to another area, so the entire staff and workers is not present

here. All the workshops/plant and workers have also moved. By the initial survey

Mr. Tu said that the sub-project has no impact on the land and assets of the

company in the subproject area;

(ii) Thu Duc Mechanical and Electrical Joint Stock Company, at km 9 of Hanoi Highway,

Truong Tho Ward, Thu Duc District, at the site of SH2 well construction: met and

discussed with Mr. Le Phu Cuong, security guard. and Mr. Do Van Khang, HR

administration staff of the company. Company representatives come to the site to

determine the expected location of shaft SH2 to see whether the construction

affects the land and property of the company. Mr. Khang said that with the location

of the well, including the center of the well and the surrounding area for safety

protection, it will not have any impact on the land and assets of the company.

However, there will be some difficulties when customers come to the transaction

(four-wheeled car, two-wheeled vehicle, pedestrian). The consultant team

announced that there was a plan to temporarily pave during construction. In

addition, if there is any problem affecting the company during construction, the sub-

project will cooperate with the company to promptly and satisfactorily solve the

problem

- On September and October 2020, BVI's consultant group, with the help of SAWACO,

cooperated closely with residential group 1, Quarter 6 and Truong Tho WPC to conduct

surveys and consultations. and collect this information. The consultants provided

information on the scale, subproject' scope of influence and construction time of the

package SH2 and SH4, and collected socio-economic information of 32 affected

households on compensation and assistance. Households all want to know exactly time of

construction and to urgently construct, minimize environmental impacts so that they can

stabilize their life early;

- Public consultation with local authorities/ people also was conducted by SAWACO (support

of BVI) with representatives of design consultant on 27th October 2020 with 15 participants.

The participants include the representatives of shaft design unit SH- 2 and SH-4, contractor

consortium VCGP-BESAC CW1 (Contractor CW1), BVI consultant group and

24

representatives of Truong Tho ward People's Committee and representatives of

Enterprises and residential groups in SH-2 and SH-4 shafts. The participants were provided

project information including overall design of CW1 package and detailed design of SH-2

and SH-4 shafts, construction time and mitigation measures during the construction

process; Participants' opinions are collected and immediately responded during the

meeting. Documents containing design drawings, traffic management plan during

construction were distributed to the participants. The consultation minutes record

comments and signatures of the participants (attached minute in annex 1). Stakeholders

agree to support the project The scope of the public disclosure information and discussion

during the consultation is:

➢ Sub-project, its objectives and approved detailed design;

➢ Summary the sub-project impacts, particularly the types of mitigation measures, legal documents;

➢ Resettlement implementation schedule and implementing organizations; including notification on time, location, procedures for relocation utility works and construction of subproject, assurance that construction activities will only commence after satisfactory completion of relocation the utility works and rehabilitation measures are in place;

➢ Public consultation, participation mechanisms and grievance procedures;

➢ Organizational responsibilities, including information about the organizations and levels of government involved in resettlement, and their responsibilities; and, the names and positions of government officials with phone numbers, office locations and office hours if available;

➢ The Contractor presents about the general project and details about the section from shafts SH-2 to SH-4 within the area of Truong Tho ward. Pipe jacking method using tunnel boring robot will mitigate the construction impact to the above-ground, mitigate environment pollution and the area will generally be affected less than when choosing open cut tunneling method.

- The discussions about the opinions of participants and responses from SAWACO during public consultation meeting on 27 October 2020 are summarized as follow:

➢ From enterprise’s representatives (Ha Tien 1 Cement, and Thu Duc Electro Mechanical JSC: On the design of 2 shafts SH-0 and SH-4, they defined that there is no impact to their companies. It is recommended to have quickly construction schedule in order to handle with the difficulties due to the used way;

➢ Representatives of group leader in the project area: (i) Full support with the project because this project serves residents; (ii) Residents were informed about the project (project scope, impact level, compensation and financial aid regulations, ...) and expect the project to be commenced as soon as possible. (iii) They hope measures to minimize environmental impacts which will be applied from the beginning of the project.

➢ The 3 shafts in Truong Tho ward to be constructed are SH-0, SH-2 and SH-4 but shafts SH-2 and SH-4 will begin their construction first; after the area safe from construction works is identified, a width of 2 meters will be used as road for traffic, in addition to the bypass route, approved by the Department of Transport to ensure traffic diversion.

➢ Relocation period: expected to be 18 months.

25

➢ Comments on the distance from the construction barrier to residential households: a distance of 2 meters enough for motorbikes and the people to commute, other 4-wheeled vehicles will go by the direction of Hanoi Highway.

➢ Every concerns, such as impacts of the construction to the people’s lives during the construction period, should be taking into consideration

4.4. Information Disclosure and Public Consultation During RP implementation

57. Information disclosure, Consultation and participation activities will continue throughout

project implementation to ensure that information about the overall project and resettlement-

related information are properly understood and accepted by the affected communities

58. RPs submitted to ADB for review will be disclosed on the ADB resettlement website

immediately upon ADB approval. HCMC will approve the RP before implementation and copies

of the approved RP in Vietnamese will be placed in city, district and ward offices of construction

area.

59. SAWACO will delivery project information booklet (PIB) to communities who live/work

near project area before construction then local people/ organization will understand what

construction activities will be done as well as the traffic management plan for connivence

transportation/ using electricity or telecommunications.

V. IMPLEMENTATION PROCEDURES AND SCHEDULE

60. The first screening survey was conducted by SWACO and relevant agencies in

July 2018 on site inspecting of overlapping utility projects at locations SH-0, SH-2. SH-4

signed by the relevant units. This minute include the utilities works that will be relocated and

re-establishment by subproject construction. Based on the latest inspecting results, the CW1

Contractor (Vinci-Bessac Joint Venture), conduct the survey and design for the utilities

relocation work; And the final site inspecting was conducted on Aug 2020 (attached site

minutes in annex 2) to agree the relocation of utility works related to the construction of

SH2 and SH-4 to complete the procedures for construction approval and construction

permit that is issued by DOT.

61. The detail design of the section was approved in June 2020 and expected the shaft

construction can start on May 2022 as soon as completion the relocation of affected utility works.

62. For relocation the affected utility works: The process of the relocation of utility works is in

the form of relocation and re-establishment according to Article 26, item 3 of HCMC Decision No.

28/2018/QD-UBND dated 9th Aug 2018. CW1 Contractor, will perform the relocation utility works

such as:

- Information gathering and survey the current status

- Design of relocation works;

- Submit the design document to the competent agencies for approval;

- DOT issue the construction permits;

- Organize the construction;

- Payment of construction costs;

- SAWACO reimburses this cost to the contractor.

63. It takes 88 days for relocation the utility works, include:

- Resubmission of utility works relocation after alignment approval (15days)

26

- Approval of utilities relocation by SAWACO and stakeholders including request for

change procedure (30 days);

- Utilities relocation works (43 days)

64. At the time of preparing RP, working minutes / agreed documents / agreement of relevant

units and DOT has issued the construction permits on 18th Oct 2020. Table below present some

main documents that related to implement the utility works relocation:

Table 6 List of main documents for Utilities relocation works

No. Name of documents Issued by Date

1 Minutes of the site signed by the concerned units signed by all parties

5/7/2018

2 Agreement Letter on relocation design of Thu Duc Power Company No. 1277 / PCTĐ-KTAT

Thu Duc Power Company

22/7/2019

Design documents for relocation of power lines and telecommunications cables at SH have been approved and signed for certification between related parties

Nhat Minh company (sub-contractor of JV

2019

3 SAWACO's 2008 Official Letter to Hanoi Construction Investment Joint Stock Company proposing to consider and agree on the plan to relocate the drainage system for the construction of the project

SAWACO 27/6/2019

4 Agreed on the construction drawing of the relocation of the wastewater drainage at SH-2 and SH-4

signed by all parties 2019

5 Document 211/2020 CV-HNHC PMUADB sent to Hanoi Construction Investment Joint Stock Company to agree to design and relocate the items owned by Hanoi Highway Company

SAWACO 6/7/2020

6 Minutes of the site - signed by the concerned units signed by all parties

18/8/2020

7 Letter 11306 / SGTVT - KT of the DOT on approving the traffic organization plan for the construction of the works (part of the relocation of utility works at the SH-4)

DOT

23/9/2020

8 Notice of Electricity Company to telecommunications units, No. 1719 / PCTĐ-QLLD dated October 6, 2020

Thu Duc Power Company 6/10/2020

9

Letter 3714 / TTQLĐB-QLHT2 of Road Traffic Infrastructure Management Center on inspection of the scope and scale of the application for construction permit (part of the relocation of utility works at SH-2+4)

HN Construction Investment Joint Stock Company 8/10/2020

10 Construction license number 1862 / GP-SGTVT issued by the Department of Transport of Ho Chi Minh City

DOT 15/10/2020

65. The relocation of the utilities works can start as soon as RP to be approved by ADB. Table

below is a schedule of subproject RP implementation.

Table 7: Sub-project implementation schedule

27

Activities Time frame

Approved Detail desgin of Shaft 02+shaft 04 June 2020

Surveys, design for removing utilities June – September 2020

Agreements for removing the utilities by competent agencies July – October 2020

Conduct of field survey, public consultation for preparing RP September & October, 2020

SAWACO to submit the RP to ADB for approval October, 2020

ADB no-objection to RP and posting of RP to website November, 2020

SAWACO to endorse the RP to HCMC for concurrence November, 2020

ADB provide NOL to Start of RP implementation (including

utilities’ remove) November 2020

Internal monitoring for SH2 and SH4 RP From September 2021

Post-resettlement implementation evaluation (6 months after

completion of RP implementation) July 2021

VI. GRIEVANCE REDRESS MECHANISM

66. In order to ensure that all grievances and complaints of APs/AHs on any aspect of land

acquisition, compensation and resettlement are addressed in a timely and satisfactory manner,

and that all possible avenues are available to APs/AHs to air their grievances, this grievance

redress mechanism applies to the subproject. All APs/AHs can send any questions to SAWACO

about their rights in relation to entitlements, compensation policy, rates, land acquisition and

grievance redress. APs/AHs are not required to pay any fee during any of the procedures

associated with seeking grievance redress, including if resolution requires legal action to be

undertaken in a court of law. Complaints will pass through 3 stages described below. The

complainant can, if necessary, take the matter to a court of law. It is noted that this grievance

redress mechanism does not impede access to the country's legal system, meaning that an

aggrieved person is free to access a court of law even at the initial stage of his/her grievances.

SAWACO will shoulder all administrative and legal fees that might be incurred in the resolution

of grievances and complaints.

67. The grievance redress mechanism is established based on Complaint Law No.

2/2011/QH13 and Decree No.75/2011/ND-CP guiding implementation the complaint law as

follows:

➢ First Stage: Commune Peoples’ Committee (CPC) - An aggrieved AP may lodge his/her

complaint to any member of the CPC, either through the Chairperson or directly to the

CPC, in writing or verbally. It is incumbent upon the village chief to notify the CPC about

the complaint. The CPC will meet personally with the aggrieved affected household and

will have 30 days and maximum of 45 days following the lodging of the complaint,

depending on complicated case or distance, to resolve it. The CPC secretariat is

responsible for documenting and keeping file of all complaints that it handles.

28

➢ Second Stage: District People’s Committee (DPC) - If after thirty (30) days or 45 days

(depending on complicated cases) the aggrieved affected household does not hear from

the ward, or if the affected household is not satisfied with the decision taken on his/her

complaint, the affected household may bring the case, either in writing or verbally, to any

member of DPC or the LFDC. The DPC in turn will have thirty (30) days or maximum of

70 days following the lodging of the complaint, depending on complicated case, to resolve

the case. The DPC is responsible for documenting and keeping files of all complaints that

it handles and will inform the LFDC of any determination made and the LFDC is

responsible for supporting DPC to resolve AH’s complaint. The DPC must ensure their

decision is notified to the complainant.

➢ Third Stage: Provincial People’s Committee (PPC) - If after thirty (30) days to 45 days the

aggrieved AP does not hear from the DPC, or if the affected household is not satisfied

with the decision taken on his/her complaint, the affected household may bring the case,

either in writing or verbally, to any member of the PPC. The PPC has 30 days or maximum

of 70 days, depending on complicated case, to resolve the complaint to the satisfaction

of all concerned. The PPC secretariat is also responsible for documenting and keeping

file of all complaints that it handles.

➢ Final Stage: People’s Court - If after 30 days following the lodging of the complaint with

the PPC, the aggrieved AP does not hear from the PPC, or if he/she is not satisfied with

the decision taken on his/her complaint, the complainant can appeal again to the PPC. If

the complainant is not satisfied with the second decision of the PPC, the case may be

brought to a court of law for adjudication. If the court rules in favour of the complainant,

then PPC will have to increase the compensation at a level to be decided by the court. In

case the court will rule in favour of PPC, then the complainant will receive compensation

approved by PPC.

68. The above grievance redress mechanism will be disclosed and discussed again with the

APs upon the approval of this RP to ensure their understanding of the process. SAWACO is

responsible for following-up the grievance process of the APs.

69. Affected households may lodge a complaint in writing directly to the Southeast Asia

Department via Vietnam Resident Mission Office in Hanoi. If the affected household is still not

satisfied with the Southeast Asia Department’s response and only as a last resort, the affected

household may access ADB’s

Accountability Mechanism: https://www.adb.org/site/accountability-mechanism/main.

29

VII. LEGAL AND POLICY FRAMEWORK

70. The legal and policy framework for addressing the adverse social impacts of subproject

is provided by relevant policies and laws of Viet Nam and of the ADB.

7.1. ADB Policies

71. The ADB Safeguard Policy Statement (SPS) of 2009 consolidates three existing

safeguard policies: involuntary resettlement (IR), indigenous peoples (IP), and environment.1 The

objectives of the IR policy are to (i) avoid involuntary resettlement where possible, (ii) to minimize

involuntary resettlement by exploring project and design alternatives, (iii) to enhance, or at least

restore, the livelihoods of all displaced persons in real terms relative to pre-project levels and (iv)

improve living standards of poor and vulnerable households. The IP policy objectives are to (i)

design and implement projects that fosters full respect for IP's identity, dignity, human rights,

livelihoods systems, and cultural uniqueness as defined by the IP themselves and (ii) ensure that

IPs receive culturally appropriate social and economic benefits, do not suffer adverse impacts as

a result of projects, and can participate actively in projects that affect them.

72. The ADB Policy on Gender and Development (2006) adopts gender mainstreaming as a

key strategy for promoting gender equity, and for ensuring that women participate in, and that

their needs are explicitly addressed in the decision-making process for, development activities.

The new safeguard policy also reiterates the importance of including gender issues in the

preparation of safeguards documents at all stages to ensure that gender concerns are

incorporated, including gender-specific consultation and information disclosure. This includes

special attention to guarantee women’s assets, property, and land-use rights and

restoration/improvement of their living standards; and to ensure that women will receive project

benefits. Other policies of the ADB that have bearing on resettlement planning and

implementation are the (i) Public Communications Policy (2011), and (ii) Accountability

Mechanism (2012).

7.2. Compensation and Resettlement Policy of the Government of Viet Nam

73. The Constitution of the Socialist Republic of Vietnam (2013) confirms that ownership and

protection of ownership of citizens of their houses. Besides, the Government has issued a

number of Law, decrees, and regulations to form the legal framework for land acquisition,

assistance, compensation, and resettlement. Primary documents include:

a. Law

▪ Land Law (2013) No. 45/2013/QH13 approved by the National Assembly, dated

November 29, 2013.

▪ Electricity Law (2004) No. 28/2004/QH11 approved by the National Assembly,

dated December 3, 2004 and Law No. 24/2012/QH13 dated November 20, 2012 of

the National Assembly amending and supplementing a number of articles of the

Electricity Law.

▪ Complaint Law (2011) No. 02/2011/QH13 approved by the National Assembly,

dated November 11, 2011.

b. Government’s decrees

▪ Decree No. 01/2017/ND-CP, dated January 6, 2017 amending decrees on the

implementation of the Land Law.

1 The policy on environment is discussed in a separate environment report.

30

▪ Decree No. 43/2014/ND-CP, dated May 15, 2014 guiding the implementation of

Land Law 2013.

▪ Decree No. 44/2014/ND-CP, dated May 15, 2014 by the Government on land

prices.

▪ Decree No. 45/2014/ND-CP dated May 15, 2014 by the Government providing the

collection of land use levies.

▪ Decree No. 46/2014/ND-CP, dated May 15, 2014 by the Government providing the

collection levies on land lease, water surface lease.

▪ Decree No. 47/2014/ND-CP, dated May 15, 2014 by the Government on

compensation, assistance, and resettlement in the event of land recovery by the

State.

▪ Decree No. 56/2020/ND-CP, dated May 25, 2020 on the management and use of

Official Development Assistance (ODA) and concessional loans of donors.

▪ Decree No. 14/2014/ND-CP, dated February 26, 2014 by the Government detailing

the implementation of the Electricity Law regarding electricity safety.

c. Decisions

▪ Decision No. 63/2015/QD-TTg, dated December 10, 2015 on employment and

vocational training support for laborers affected by agricultural land recovery.

d. Circulars

▪ Circular No. 23/2014/TT-BTNMT, dated May 19, 2014 by MONRE regulating Land

Use Right Certificate (LURC), right to ownership of housing and other assets

attached to land.

▪ Circular No. 24/2014/BTNMT, dated May 19, 2014 by MONRE regulating cadastral

dossiers.

▪ Circular No. 25/2014/BTNMT, dated May 19, 2014 by MONRE, regulating cadastral

maps.

▪ Circular No. 28/2014/BTNMT, dated June 2, 2014 by MONRE regulating land

statistic and inventory and development of current land use map.

▪ Circular No. 29/2014/BTNMT, dated June 2, 2014 by MONRE regulating details of

making and amending land use planning.

▪ Circular No. 30/2014/BTNMT, dated June 2, 2014 by MONRE regulating dossiers

of handing over land, leasing land, converting land use purpose, and land

acquisition.

▪ Circular No. 36/2014/TT-BTNMT, dated June 30, 2014 on land pricing method;

compilation of and adjustment to land prices; determination of specific land prices

and consultancy on land pricing.

▪ Circular No. 37/2014/TT-BTNMT, dated June 30. 2014 on compensation,

assistance and resettlement in the event of land recovery by the State.

e. Ho Chi Minh PPC’s Decisions

▪ Decision No.28/2018/QĐ-UBND dated 09 August 2018 on the promulgation of

policies on compensation, support and resettlement when the State acquires land in

Ho Chi Minh city

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▪ Decision No.22//2019/QĐ-UBND dated 30 August 2019 on the promulgating the price

list of newly built houses, constructions and structures in Ho Chi Minh City

▪ Decision No.07/2020/QĐ-UBND dated 18th March 2020 amending a number of

articles of the regulations on the promulgation of policies on compensation, support

and resettlement when the State acquires land issued according to Decision 28/2018

/ QD-UBND dated August 9 of the Ho Chi Minh PPC;

▪ Decision 09/2014 / QD-UBND dated 20/2/2014 of Ho Chi Minh City People's

Committee promulgating regulations on construction of essential works within the

scope of road traffic infrastructure protection in the HCMC city. And Decision No.

30/2018 / QD-UBND dated September 4, 2018 of the City People's Committee on

amending and supplementing a number of articles of Decision 09/2014 / QD-UBND;

▪ Other Decisions of MOT, related on construction investment management, and

updated price annoucements of HCMC.

7.3. Gaps Analysis and Project Principles

74. Since 1 July 2014, the Land Law of 2013 and its implementing decrees and circulars

provide the overall framework for involuntary resettlement in Viet Nam.2 There are several

aspects of the 2013 Land Law that are similar to the policy objectives and principles of the ADB

safeguard policy on involuntary resettlement as provided by the 2009 Safeguard Policy

Statement (SPS). There is basic congruence between Viet Nam’s laws and the SPS especially

with regard to the entitlement of persons with legal rights/titles. Existing legislation provides

guidance for the following: (i) determining market/replacement rates and payment of

compensation, assistance for various types of affected assets; (ii) options for land-for-land and

cash compensation assistance; (iii) provision of relocation assistance and support to displaced

households during the transition period; (iv) provision of resettlement land and housing with

secure tenure; (v) additional assistance for severely affected and vulnerable households; (vi)

assistance for livelihood restoration and training; and (vii) notification/disclosure, consultation,

and grievance mechanisms. However, the following differences remain:

a. SPS requires that displaced persons without titles (legal rights) to land be provided

with resettlement assistance and compensated for loss of non-land assets

(constructed before the cut-off date). On the other hand, the Land Law does not allow

compensation of land-attached assets that are illegally established3 (Article 92, LL).

Moreover, structures (land-attached assets) are not compensated based on the value

of a new structure, except for structures used for residential purposes (Article 89.2,

LL).

b. SPS requires exploring additional revenues and services through benefit sharing

schemes where possible. This is not required under the Land Law.

c. SPS requires conducting social impact assessment to identify poor and other

vulnerable groups who may be disadvantaged and disproportionately affected by land

acquisition for the purpose of implementing measures to assist them. The Land Law

does not clearly require projects to identify displaced poor and other vulnerable

groups that are impacted by a development project and to implement measures to

2 The Land Law of 2013 replaces the Land Law of 2003. Decrees 43, 44 and 47 supersede previously issued decrees related to land acquisition including Decrees 181/2004, 188/2004, 197/2004, 17/2006, 84/2007, 123/2007, 69/2009, 88/2009, 59/2011, and 189/2013. 3 There are 3 types of illegally established land-attached assets: (i) those constructed on illegal land, (ii) illegally constructed structures (not based on the approved land use purpose) on legal land, and (iii) structures constructed after land acquisition announcement.

32

assist them. However, in case the amount of compensation and support is not enough

to buy the minimum plot in a resettlement site, the State will shoulder the balance.

d. The level of detail and information required for resettlement planning under SPS

differs from what is required by the Land Law. The Land Law does not require the

preparation of a resettlement plan or general compensation plan prior to the conduct

of DMS.

e. SPS requires payment of compensation and other applicable entitlements to affected

persons before displacement. This requirement is not explicitly stated as a condition

under the Land Law. The Land Law does require payment of compensation within 30

days since the effective date of a land acquisition decision and to subsequently adjust

amount in case of delay in payment (Article 93, LL).

f. SPS requires compensation to include interest accrued. However, under the Land

Law the amount is kept in an escrow account in State Treasury without interest in

case the AP refuses the proffered compensation.

g. SPS requires the conduct and disclosure of monitoring and evaluation of resettlement

activities. For projects with significant involuntary resettlement impacts, the project is

required to hire an independent external monitoring agency. In the Land Law,

monitoring and evaluation is required in a more general term and includes all aspects

of the implementation of the Land Law (Article 200, LL). There is also no requirement

for independent monitoring for projects with significant involuntary resettlement

impacts.

33

Table 8 Gap Analysis on 2013 Land Law and Decree 47/2014/ND-CP and ADB 2009 SPS

Issue ADB policy (SPS 2009) Viet Nam policy (Land law 2013, Decree 47/2014/ND-CP; 44/2014/NĐ-CP)

Project policies

Severely APs, losing productive land

The involuntary resettlement are considered to be severe if more than 200 people are displaced from their homes or lose 10% or more of their production assets or assets generating income. Definitions classified according to ADB's safeguard policy

https://www.adb.org/site/safeguards/safeguard-categories

APs losing at 30% or more of productive agriculture land are considered severely impacted and are entitled to livelihood restoration measures (Decree 47/2014/ND-CP, Article 19, Item 3)

Losing 10% or more of the household’s productive assets and/or relocation shall be considered as threshold of severely affected HHs.

Meaningful consultation in planning and implementing RP

Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

Principle of Involuntary resettlement safeguard Policy SPS2

Request public consultation when preparing land use plan in the district (Article 43 Land Law);

Before the land acquisition decision is issued, the competent state agency must notify about the land acquisition to the person whose land is acquired within 90 days for agricultural land and 180 days for non-agricultural land;

Regarding the approval of compensation organization, detailed information on the organization of APs should be provided and informed to the Vietnam Fatherland Front Committee immediately in case of disagreements/complaints (Article 69 Land Law)

To collect comments from affected people, mass organizations and civil organizations when preparing Resettlement Plan during the project implementation process.

34

Issue ADB policy (SPS 2009) Viet Nam policy (Land law 2013, Decree 47/2014/ND-CP; 44/2014/NĐ-CP)

Project policies

Compensation Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

Principles of Involuntary Resettlement Safeguard Policy SPS 3

Compensate by replacement land with the same use purpose as the acquired land, if no land is available for compensation, then compensate in cash according to the specific price of the recovered land category (Article 74 - Land Law).

Arrange a competent unit for land valuation (Article 114 to 116 Land Law and Decree 44/2014 / ND-CP).

Compensate for travel expenses (Article 91 Land Law).

Pay interest for late payment in case of late payment of compensation expenses to affected people (Article 93 of the Land Law).

Land and land-based assets will be compensated at replacement cost. Affected households will be consulted on compensation plan to determine the compensation arrangement in case they need to support relocation, to ensure that the resettlement land area has access to job opportunities and production condition at least similar to their old area. At the same time, ensure that affected household has the required infrastructure and community services, with adaptive and developmental support such as land development, credit facilities, training opportunities and careers.

Determination of

compensation for house and

structure

Compensation for house, land and other assets will be calculated including travel expenses and materials for repairing. Calculation will base on: (i) market price; (ii) transaction cost; (iii) cumulative interest; (iv) travel costs and restoration cost; and (v) other payments.

Houses used for living purposes will be compensated by new construction prices (Section 1, Article 89 of the Land Law).

Houses used for other purposes will be compensated equivalent to the remaining value of the affected house and percentage of the affected house’s remaining value, but the total compensation does not exceed the price of new houses (Article 9, Decree 47).

Pay full compensation equal to the corresponding replacement cost for all buildings, including materials for repair or degraded materials.

Transperancy, consistency and equality in

Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people

No regulation Rents and conditions for land use and temporary assets will be negotiated with land users.

35

Issue ADB policy (SPS 2009) Viet Nam policy (Land law 2013, Decree 47/2014/ND-CP; 44/2014/NĐ-CP)

Project policies

negotiation fo compensation

who enter into negotiated settlements will maintain the same or better income and livelihood status.

Principles of Involuntary Resettlement Safeguard Policy SPS 6

Restoration must be equivalent or better.

Provisions for affected people without Land use right certificate (LURC)

Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

Principles of Involuntary Resettlement Safeguard Policy SPS 7

For affected households not receiving compensation for residential land, but having no other place to live in the project commune, the State will sell, lease or assign taxable land (Article 79 Land Law).

Article 92 of the Land Law allows land acquisition without compensation for lost assets in some cases

All affected households will be compensated in compliance with ADB’s policies and government policies, whichever is higher.

Preparation of RP

Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

Principles of Involuntary Resettlement Safeguard Policy SPS 8

Prepare plan for compensation, assistance and resettlement (Article 67 Land Law) as regulated (Article 69). Content of the plan is stipulated in Article 28, Decree No.47/2014/NĐ-CP

Prepare Resettlement plan for each subproject

Disclosure of draft of RP

Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

Principles of Involuntary Resettlement Safeguard Policy SPS 2009

Disclose full information on arrangement and plan for compensation for PAPs (Article 69, Land law)

Disclose the draft Resettlement Plan including a record of concurrent consultations and social assessment results, prior to project appraisal, at areas where people can easily access, in understandable language and form. The final Resettlement Report and updates will be published to the affected people and stakeholders.

36

Issue ADB policy (SPS 2009) Viet Nam policy (Land law 2013, Decree 47/2014/ND-CP; 44/2014/NĐ-CP)

Project policies

Monitoring Monitor specific indicators for internal and external monitoring and reporting. In the case of significant and sensitive impacts, the external monitoring organization is required to monitor the implementation of the Resettlement Plan

There are no monitoring indicators.

Executing agency will conduct internal monitoring according to criteria indicators. The project’s negative impacts are small and do not require external monitoring

37

7.4. Resettlement Policy and Principles of the Subproject

74. The 2010 Resettlement Policy Framework spells out the resettlement policy and

principles that will guide land acquisition and resettlement in subprojects of the Project.

Provisions and principles adopted in project will supplement the provisions of relevant decrees

currently in force in Viet Nam wherever a gap exists, consistent with Decree No. 56/2020/ND-

CP which provides that in case of “discrepancy between any provision in an international treaty

on ODA, to which the Socialist Republic of Viet Nam is a signatory, and the Vietnamese Law,

the provision in Decree 56/2020, the international treaty on ODA shall take precedence” (Article

45). These resettlement principles and policies have been designed to address the

discrepancy between ADB's SPS and relevant Government regulations as described in the

gap analysis above. Principles related to compensation, support and resettlement policies for

sections from SH2 to SH 4 include:

a. Compensation and assistance will be based on the principle of replacement cost

at the time of implementation.

b. Meaningful consultation will be carried out with the displaced persons and

concerned groups and ensure participation from planning up to implementation.

The comments and suggestions of the APs and communities will be taken into

account.

c. Resettlement identification, planning and management will ensure that gender

concerns are incorporated.

d. Special measures will be incorporated in the resettlement plan to protect socially

and economically vulnerable groups such as households headed by women,

children, disabled, the elderly, landless and people living below the generally

accepted poverty line.

e. Budget for payment of compensation, assistance, and resettlement and support will

be prepared sufficiently and made available during subproject implementation and

by the provinces.

f. Reporting and independent monitoring should be defined clearly as part of the

management system of resettlement. Independent assessment of the duration and

results of the land recovery should be carried out.

g. The SAWACO will not issue notice of possession to contractors until the SAWACO

are officially confirmed in writing that (i) payment has been fully disbursed to the

APs and rehabilitation measures are in place (ii) already- compensated, assisted

displaced persons have cleared the area in a timely manner; and (iii) the area is

free from any encumbrances. The satisfactory resettlement to be ascertained by

the independent monitor before start of the civil works.

h. Commencement date notice is considered as the Cut-off date is the date for which

land and/or assets affected by the Subproject are inventoried.

7.5. Subproject Entitlements

7.4.1. Eligibility

75. Eligibility will be determined with regard to the cut-off date, which is taken to be the

date of commencement of the DMS for which land and/or assets affected by the subprojects

are identified and measured. In the case of construction of section from SH2 to SH 4, the Date

38

of construction will have to notify the 2 businesses in the affected area to prepare

arrangements.

7.4.2. Entitlements

76. APs with sufficient basis for compensation will be compensated for affected assets

losses equivalent to 100% of the price or removal cost. Those without sufficient legal rights are

also assisted as described in the entitlement matrix below. The entitlements set out are

consulted and fully agreed by the APs will be part of project monitoring.

39

Table 9 Entitlement Matrix

No. Type of

Loss/Impacts

Application Eligible Persons Entitlements Implementation issue

1. Public Facilities

(Electric system,

Telecom,

drainage system)

Relocation and re-

establish;

Owners of

Electric system,

Telecom,

drainage system

- Compensation at replacement cost for all affected

public assets and removal costs to re-establish utility

works (Relocation and re-establish according to regulation

of HCMC according to Decision 28/ 2018/ QD-UBND dated

9th Aug 2018 and Decision No.07/2020/QĐ-UBND dated

18th March 2020 amending a number of articles of the

regulations on the promulgation of policies on compensation,

support and resettlement when the State acquires land

issued according to Decision 28/2018 / QD-UBND dated

August 9 of the Ho Chi Minh PPC)

- Following the aggreed documents signed by HCMC or

authorized departments for subproject

Relocation the public facilities

before construction subproject

2. Temporary

impacts during

construction

Temporary impacts

on land

Public land

(transportation

land

The land will be restored to its pre-project condition Will be reflected in monitoring

report

Temporary impacts

on local organization

and people

Local

organization and

people

• Minimize the impacts by following the approved traffic

management plan of subproject.

• Restoration of assets to former conditions (if any)

SAWACO to monitor and

ensure the mitigation

measures to any impacts

3 Unforeseen

impacts

Unforeseen impacts will be addressed in accordance with

the approved Resettlement Framework or/and this RP. The

entitlements specified in this entitlement matrix can-be

upgraded but cannot be down graded.

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VIII. RESETTLEMENT BUDGET AND FINANCING PLAN

8.1. Resettlement strategy

77. Article 63, Clause c of the 2013 Land Law stipulates: Land acquisition for the

implementation of national important projects whose investment policy is decided by the

National Assembly, including National-level Technical Infrastructure Construction Projects.

transportation, irrigation, water supply, drainage, electricity, and communications; system for

conduction and storage of petroleum, gas; national reserves; waste collection and treatment

works; Article 68, Clause 2, Section a of the 2013 Land Law stipulates that the recovered land

is assigned for management and use in accordance with the following provisions: Land

recovered under the provisions of Articles 61 and 62 of this Law. land acquisition for the

purpose of national defense, security or socio-economic development for the interests of the

country or community), assign it to the investor for the implementation of an investment project

or to a public land service organization. to manage;

78. Therefore, for this subproject, SAWACO has resolved as follows to compensate for

the impact of SH 2 and SH 4 shafts:

• Regarding the temporary affected land: 6,196 m2 of public land affected during

construction, the HCM City People's Committee assigned to the project owner for

using to construction section from SH2 to SH4;

• For the affected utility works, SAWACO assigns the contractor (VCGP Besac-CW1

Joint Venture) to calculate the expected construction investment cost including

relocation and re-establishment according to HCMC’ regulation, then SAWACO will

reimburse pay the full cost to the contractor;

8.2. Procedures for flow of funds

79. SAWACO will bear all resettlement costs. It is responsible for ensuring that

resettlement funds are fully and promptly provided. SAWACO will disburse the funds for the

resettlement to an impressive account of the ADB PMU and PMU ADB will refund the full cost

to contractor VCGP-BESSAC JV-Cw1.

8.3. Compensation for affected utility works

80. HCMC PC has issued policies on compensation /assistance for affected utility works

(electrical system, telecommunication cable system and water drainage system) as follows:

• Decision No.28/2018/QĐ-UBND dated 09 August 2018 on the promulgation of policies

on compensation, support and resettlement when the State acquires land in Ho Chi

Minh city

• Decision No.22//2019/QĐ-UBND dated 30 August 2019 on the promulgating the price

list of newly built houses, constructions and structures in Ho Chi Minh City

• Decision No.07/2020/QĐ-UBND dated 18 March 2020 amending a number of articles

of the regulations on the promulgation of policies on compensation, support and

resettlement when the State acquires land issued according to Decision 28/2018 / QD-

UBND dated August 9 of the Ho Chi Minh PPC;

• Decision 09/2014 / QD-UBND dated 20/2/2014 of Ho Chi Minh City People's

Committee promulgating regulations on construction of essential works within the

scope of road traffic infrastructure protection in the HCMC city. And Decision No.

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30/2018 / QD-UBND dated September 4, 2018 of the City People's Committee on

amending and supplementing a number of articles of Decision 09/2014 / QD-UBND;

• Decision No. 3384 / QD-UBND dated July 2, 2016 of the City People's Committee. Ho

Chi Minh City announced the Ho Chi Minh City Construction Unit Price (effective from

01/7/2016

• Decision 2891 / QD-UBND dated 02/6/2016 of the City People's Committee on

amending and supplementing construction unit prices

81. In this RP, Design survey is the basis for the budget calculation for resettlement cost

for the subproject

82. Rights of the APs will comply with the provisions stated in the entitlement matrix and

results of consultation with the APs and related agencies.

8.4. Estimated cost of resettlement

83. According to the estimate of the contractor VCGP-BESSAC-CW1 in the dispatch to

SAWACO on March 6th, 2020, the estimated cost to relocate the affected utility works at shafts

SH2 and SH4 as follows:

Table 10 Cost Estimates for the Resettlement Plan Implementation of section of SH2 and SH4

Location Utility facilities to be

relocated

Prices revised in accordance with current

regulations (VAT Included), VNĐ

Proposal references

SH-2

1.1. Electric 1,997,381,619

1.2. Telecom 91,176,160 No. 04/DT-NM.20

( dated 04/03/2020)

Sub. Total 2,088,557,779

SH-4

2.1. Electric 1,895,652,354 No. 05/DT/NM-20 ( dated 04/03/2020 2.2. Telecom 528,049,678

2.3 Drainage system 2,257,780,045 No. 04/DT-AS-20

( dated 04/03/2020)

Sub. Total 4,681,482,077

Total 6,770,039,856

Source: SAWACO reference number mursawaco 2020028,

42

IX. INSTITUTIONAL ARRANGEMENTS

84. The implementation of RP requires the participation of relevant agencies from the city,

district and ward. With public land acquisition and public facilities to be rebuilt, SAWACO needs

the participation of the Department of Transport, the Department of Industry and Trade, other

relevant agencies and the DPC, WPC. SAWACO is responsible for implementing the uRP.

9.1. Central Level

85. The SAWACO is the executing agency and is mandated to:

a. Provide overall management and coordination with ADB PMU;

b. Coordinate with ADB in providing resettlement consultant services for subproject;

c. Support ADB PMU for preparing and implementation RP;

d. Consolidate project progress reports on land acquisition and resettlement

submitted by the SAWACO for ADB;

e. Provide the budget for uRP implementation.

86. The ADB PMU is the implementing agency and is mandated to:

a. Actively participate in RP preparing and implementation activities in collaboration

with the concerned organization at the Province, District and Commune levels;

b. Provide an orientation to the district, wards, and related groups on the project, its

resettlement policy, process flow, and on the specific tasks of these groups relative

to the preparing and implementation of the uRP;

c. Take the lead in the public disclosure of subproject RP in coordination with

concerned People’s Committees, and participate in project information

dissemination and holding of consultation meetings with AHs and other

stakeholders;

d. Monitor grievances related to the project and calls the attention of concerned

government offices where complaints have remained outstanding beyond

prescribed action periods;

e. Design and implement an internal monitoring system that will capture the overall

progress in RP preparing and implementation; and prepare semi-annual social

monitoring reports for submission to SAWACO and ADB.

9.2. Ho Chi Minh City People’s Committees (HCMCPC)

87. The City People’s Committee (CPC) will be responsible overall for resettlement

activities within its administrative jurisdiction. The main responsibilities of the HCMC include:

(i) approve the RP; (ii) providing guidance to concerned agencies on implementation

resettlement according to approved RP; (iii) authorizing the DOT to issue the Construction

license for relocation utility works following the agreements; (ii) providing guidance to

concerned agencies on GRM.

9.3. District People’s Committee (DPC)

88. The DPC will be responsible for the following: (i) participate in the preparing and

implementation of subproject RP; (iii) coordinate with relevant agencies for required subproject

document; (iii) coordinate on GRM to ensure grievance is addressed in a timely manner; and

assist in the resolution of grievances.

43

9.4. Ward People’s Committee

89. The WPC will be responsible for the following: (i) participate in the preparing and

implementation of RP; (iii) ensure that APs are properly consulted and that the concerns and

grievances are heard, recorded and addressed in a timely manner; (iv) assist in the resolution

of grievances; and (v) community monitoring during the subproject construction.

9.5. Related specialized Departments

90. Specialized management departments are responsible for guiding, evaluating and

approving the relocation and re-establishment of technical infrastructure works according to

the current regulations of the State on the management of Investment projects and HCMC,

specifically: Department of Transport, Department of Industry and Trade, etc.

9.6. Project Implementation Consultants

91. The Project implementation consultant includes a national resettlement consultant to

assist in the preparing and monitoring the implementation of RP.

X. MONITORING AND REPORTING

92. The implementation of resettlement will be monitored regularly to help ensure that the

uRP is implemented as planned and that mitigating measures designed to address adverse

social impacts are adequate and effective. Towards this end, resettlement monitoring will be

done by an internal organization.

93. The objectives of monitoring and evaluation are to (i) ensure that the standards of living

of APs are restored or improved; (ii) monitor whether the time lines are being met; (iii) assess

if compensation and rehabilitation measures are sufficient; (iv) identify problems or potential

problems; and (v) identify methods of responding immediately to mitigate problems.

94. ADB PMU will conduct internal monitoring of RP updating and implementation and will

include its findings in the semi-annual safeguard monitoring report it submits to SAWACO and

ADB. Internal monitoring will cover the following concerns:

a. Payment of relocation and reestablish of affected utility works.

b. Payment of compensation to all APs in various categories, according to the

compensation policy described in the RP for any additional impacts.

c. Monitoring the restoration and reestablish of affected utility works;

d. Adherence to grievance procedures and outstanding issues requiring

management’s attention.

e. Coordination and completion of resettlement activities and award of civil works

contract.

75. ADB PMU on behalf of SAWACO will likewise conduct a completion assessment of

resettlement 6 to 12 months after completion of RP implementation.

76. As the impacts of the section is not significant, therefore, this section is category B in

term of involuntary resettlement. Accordingly, it is no need to mobilize an external monitoring

agency (EMA). However, It is known that the Investor will hire a sub-consultant for

implementation by 2020. The EMA will submit bi-annual reports to ADB. The EMA will likewise

carry out a post-subproject assessment survey within 6 to 12 months after completion of

compensation and resettlement activities.

44

ANNEXS

Annex 1: Minute of consultation with local authorities and relevant stakeholders

45

46

47

48

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

---------------------------

Ho Chi Minh City, October 27, 2020

Minute of consultation with local authorities and relevant

stakeholders (HCMC Water Supply Project (L2754)

(Re: Consultation with the Community)

Today, October 27, 2020 at Thu Duc District People’s Committee, HCMC. We

are:

A. Employer’s Representative (SAWACO):

Mr. Tran Vo Viet Cuong Title: Specialist

B. Stakeholder’s Representative:

Mr. Bui Nguon Tinh Title: Chairman of Truong Tho Ward PC

Mr. Nguyen Minh Duc Title: Specialist

Mr. Lam Thanh Nam Title: Specialist

Mr. Le Huu Ha Title: Director of Le Ha Company

Mr. Abbad Roman Title: QA-Construction Specialist

Mr. Nguyen Thanh Tinh Title: QA

Mr. Ho Trung Thong Title: Designer

Mr. Do Van Khang Title: Representative of Thu Duc Electro

Mechanical JSC

Mr. Huynh Van Nghia Title: Leader of Civil Group No. 6 or Truong

Tho Ward

C. Consultant’s Representative (Consultant):

Mr. Phan Tien Duc Title: BVI Specialist

Mr. Le Minh Duc Title: Deputy Project Manager/ Deputy Team

Leader – BVI Consultant

Ms. Trinh Thi Quang Title: Resettlement Specialist – BVI

Consutant

Mr. Hoang Hai Lam Title: BVI Specialist

We will hold a meeting to discuss the tasks as follows:

- Dissemination of the last approved design of shafts SH-2 and SH-4

- Dissemination of the contents, documents regarding the detailed design of utility

relocation, the written agreements on the relocation.

- Implementation period.

CONTENTS:

BVI Consultant presented as follows:

– Regulations on compensation, financial aid and resettlement were approved; written

regulations of HCM City on compensation, financial aid and resettlement related to utilities

relocation work when constructing the D2400mm Treated Water Transmission Pipeline in

Truong Tho Ward, Thu Duc District, HCM City. The policies in RP are applicable to the

project, preparation based on principles in the policy framework, which is in accordance

with the Vietnamese government's policies and HCMC's regulations.

49

– The GRM is specified in the project, including: 4 Steps: Ward, District, City and the court

(final). All affected residents from project have the right to claim if necessary.

Opinions:

– From enterprise’s representatives (Ha Tien 1 Cement, and Thu Duc Electro Mechanical

JSC: On the design of 2 shafts SH-0 and SH-4, they defined that are not affected. It is

recommended to have quickly construction schedule in order to handle with the difficulties

due to the used way;

– Representatives of group leader in the project area:

• Full support with the project because this project serves residents.

• Residents were informed about the project (project scope, impact level,

compensation and financial aid regulations, ...) and expect the project to be

commenced as soon as possible.

• They hope measures to minimize environmental impacts which will be applied

from the beginning of the project.

– The People’s Committee and local community must be informed about the construction

unit.

– Introduction: scope of work of consultation with the community.

– The Contractor presents about the general project and details about the section from

shafts SH-2 to SH-4 within the area of Truong Tho ward. Pipe jacking method using tunnel

boring robot will mitigate the construction impact to the above-ground, mitigate

environment pollution and the area will generally be affected less than when choosing

open cut tunneling method.

– The 3 shafts in Truong Tho ward to be constructed are SH-0, SH-2 and SH-4 but shafts

SH-2 and SH-4 will begin their construction first; after the area safe from construction

works is identified, a width of 2 meters will be used as road for traffic, in addition to the

bypass route, approved by the Department of Transport to ensure traffic diversion.

– Relocation period: expected to be 18 months.

– Comments on the distance from the construction barrier to residential households: a

distance of 2 meters enough for motorbikes and the people to commute, other 4-wheeled

vehicles will go by the direction of Hanoi Highway.

– We are concerned about the effect of the construction to the people’s lives, therefore

during the construction period, if any problem arises, it shall be handled with care. This is

a sensitive matter as this is the area affected by the project. Every concern should be

taking into consideration.

SAWACO’s Representative

(signature)

Tran Vo Viet Cuong

BVI’s Representative

(signature)

Le Minh Duc

50

Rerpresentative of Shaft Design Unit

(signature)

Nguyen Thanh Tinh

Representative of the Consultant of

utility relocation

(signature)

Lee Huu Ha

Representative of Civil Group

(signature)

Huynh Van Nghia

Representative of Truong Tho Ward

People’s Committee

(signature)

Bui Nguon Tinh

Representative of the unit/authority

within the area

(signature)

Do Van Khang

Representative of Thu Duc Urban

Traffic Management Authority

(signature)

Lam Thanh Nam

51

Annex 2: Site Minutes signed by the concerned units

52

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54

Translate in English SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

---------------------------

Thu Duc District, August 18, 2020.

WORKING MINUTES Today, at 15:00, August 18, 2020 at the construction site of shafts SH-0, SH-2

and SH-4 under project D2400 Treated Water Transmission Pipeline Binh Thai South

Crossing to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street.

I. PARTICIPANTS:

1. Representative: Saigon Water Corporation (SAWACO)

Mr. Tran Vo Viet Cuong Title: Technical Supervisor

2. Representative: Urban Railway Management Authority

Mr. Nguyen Van Hieu Title: Specialist

Mr. Nguyen Thai Son Title: Technical Engineer

3. Representative: Thu Duc District Urban Transport Management Centre

Mr. Lam Thanh Nam Title: Specialist

4. Representative: Thu Duc Power Company

Mr. Tran Huu Tien Title: Technical Engineer

5. Representative: Roads Management Center

Ms. Le Thi Huong Title: Specialist

6. Representative: Ha Noi Highway Construction And Investment Joint Stock

Company (HNHC)

Mr. Hoang Tien Hung Title: Specialist

7. Representative: VNPT

Mr. Huynh Tan Dac Title:

8. Representative: BVI Consultant

Mr. Nguyen Trong Tuan Title:

9. Representative: Le Ha Service Trading Construction Co., Ltd.

Mr. Le Huu Hien Title: Specialist

10. Representative:

55

II. CONTENTS:

Pursuant to the letter ref. 9275/SGTVT-KT dated August 04, 2020 of the HCMC

Department of Transport commenting on the relocation of utility works in order to serve

the construction of D2400 water transmission pipeline from Binh Thai crossroads to

Dien Bien Phu bridge (section from shaft SH-0 to SH-6).

Pursuant to the Invitation of Meeting via letter No. 114/GM-TCT-PMUADB dated

August 14, 2020 of SAWACO.

The stakeholders have coordinated in inspecting the construction site as follows:

A. At shaft SH-0:

1. Relocation of D2000 drainage owned by HNHC. This drainage is in direct conflict

with D2400 Treated Water Transmission Pipeline project. The parties have agreed

on the relocation, in accordance with the Detailed Design as signed by all parties

(See the enclosed document).

2. Relocation of power cables and tele-communications owned by Thu Duc Power

Company (beyond the scope of project).

The parties agree on the alignment of power lines and underground tele-

communications as approved in the Detailed Design (underground lines run along

the pavement with the existing power poles lining relatively close to residential

households) (See the enclosed document).

B. At shaft SH-2:

Relocate only the cable line and tele-communications managed and exploited by

Thu Duc Power Company (beyond the scope of project).

The parties to agree about the underground power lines and tele-communications

as approved in the Detailed Design by utility owners (underground lines run along

the pavement and barrier of Thu Duc Power Company) (See the enclosed

document).

C. At shaft SH-4:

1. Relocation of D1800 drainage owned and carried out by HNHC. This drainage lies

within the project area of D2400 Treated Water Transmission Pipeline. The parties

to agree on the relocation plan as approved in the Detailed Design.

2. Relocation of power cables and tele-communications owned and carried out by Thu

Duc Power Company (beyond the scope of project). The parties to agree on the

alignment of power cables and tele-communications as approved in the Detailed

Design (underground lines run along the pavement and within the barrier of Ha Tien

Cement JSC.) (See the enclosed document).

III. COMMENTS:

- Urban Railway Management Authority: the utility works to relocate in order to serve

the construction of D2400 water transmission pipeline (section from shafts SH-0 to SH-

6), being moved to side of the parallel roads to the left of Ha Noi Highway (Nguyen

Van Ba street) and do not affect the 22m corridor of the Metro Line 1 construction

project. If there is any change made by SAWACO to the plan, a notice is required and

56

proceed on the legal procedures and agreements with Urban Railway Management

Authority as per the regulations.

- Thu Duc Power Company: provides 01 (one) set of Detailed Design and 01 set of

Reimbursement document revised as per the comments via letter ref. 1277/PCTD-KHT

dated July 23, 2019 of Thu Duc Power Company, approved by the relevant authorities

prior to the commencement, working towards agreement on the relocation plan:

synchronization between tele-communications and the power network.

- Thu Duc District Urban Management Center: requests to DOT and Roads

Management Center to set up the barrier during construction. During the

implementation of construction works, the daily lives of the local residents and the

traffic order must be ensured.

- Roads Management Center: currently on the parallel roads to the left of Hanoi

Highway, there is D150-280 Treated Water Transmission Pipeline owned by Thu Duc

Water JSC, SAWACO should collect comments from Thu Duc Water JSC in order to

update the Detailed Design as well as the comments from tele-communication owner.

- VNPT: agrees to the approve plan.

IV. CONCLUSION

1. Agree on the relocation of D2000 drainage at shaft SH-10 and D1800 at shaft SH-

4 within the project area and serving as the basis to apply for the construction permit

of the above items.

2. Agree on the relocation alignment of the power cables and tele-communications

(beyond the scope of project) and serving as the basis to apply for construction

approval and construction permit issued by the Department of Transport.

3. Continue collecting comments and updates about the works within the project

scope and schedule such as the D150-280 water transmission pipeline, tele-

communications, etc.

The meeting ended at 16:30 on the same day. The parties has agreed on the content

of the meeting and signed as follows:

Participants Signature

1. Nguyen Van Hieu (signed)

2. Lam Thanh Nam (signed)

3. Tran Huu Tien (signed)

4. Nguyen Trong Tuan (BVI) (signed)

5. Tran Vu Viet Cuong (SAWACO) (signed)

6. Le Thi Huong (signed)

7. Le Huu Hien (signed)

8. Huynh Tan Dac (signed)

9. Hoang Tien Hung (signed)

57

Annex 3: Agreement letter on relocation design of Thu Duc Power Company

No. 1277 / PCTĐ-KTAT

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Translate in to English

SOCIALIST REPUBLIC OF

VIETNAM Independence – Freedom – Happiness

Thu Duc, July 22, 2019.

To: Saigon Water Corporation (SAWACO)

Pursuant to Decision No. 229/QD-EVN dated April 14, 2010 of Vietnam

Electricity (EVN) on the "Renaming Branches under Ho Chi Minh City Power

Corporation";

Pursuant to Decision No. 520/QD-EVNHCMC dated February 27, 2015 of Ho

Chi Minh City Power Corporation on "Promulgating the Regulation on

organization and operation of the Ho Chi Minh City Power Corporation 's

branch - Thu Duc Power Company;

Pursuant to Government’s Decree No. 59/2015/ND-CP dated June 18, 2015

regarding construction project management; Decree No. 46/2015/ND-CP

dated May 12, 2015 regarding construction quality management;

Pursuant to the Electricity Law No. 28/2004/QH11 dated December 3, 2004 of

the National Assembly on electricity regulations, Law No. 24/2012/QH13 dated

November 20, 2012 of the National Assembly on amending some articles in

the Electricity Law No. 28/2004/QH11 dated December 3, 2004.

Pursuant to the Government's Decree No. 137/2013/ND-CP dated October 21,

2013 on regulations and guidance for some articles of the Electricity Law and

the Law, which amend the Electricity Law;

HO CHI MINH CITY POWER CORPORATION THU DUC POWER COMPANY

No. 1277/PCTD-KTAT

Ref: Technical comments on compensation cost

estimate for grid relocation under the D2400 Treated

Water Transmission Pipeline from Binh Thai South Crossing to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street (section from SH-0 to SH-4).

.

65

Pursuant to the Government's Decree No. 14/2014/ND-CP dated February 26,

2014 on regulations and guidance for some articles of the Electricity Law,

which regarding the safety of high-voltage grid works;

Pursuant to Decision No. 1299/QD-EVN dated November 3, 2017 of the

Vietnam Electricity (EVN) on promulgating regulations about the design of

power distribution grid projects up to 35kV in the Vietnam Electricity (EVN);

Pursuant to Decision No. 4688/QD-DLIICM-KT dated June 14, 2007 and

letters of the Ho Chi Minh City Power Corporation on the application of grid

model design and the equipment and materials Regulation of HCMC Power

Corporation;

Pursuant to the SAWACO’s letter ref. 2009/TCT-PMUADB dated June 27,

2019 on agreeing grid relocation plan for the D2400 Treated Water

Transmission Pipeline from Binh Thai South Crossing to junction of Dien Bien

Phu Street and Nguyen Binh Khiem Street (section from SH-0 to SH-4), Thu

Duc Power Company has some comments:

I. Agreement on relocation plan.

On the basis of technical inspection of detailed design No. 10/TK-NM.19,

12/TK-NM.19, 15/TK-NM.19 dated June 24, 2019 on the grid and cable

communication relocation work under CW1 Package, the project of D2400

Pipeline from Binh Thai South Crossing to junction of Dien Bien Phu Street

and Nguyen Binh Khiem Street (at shafts SH-0, SH-2 and SH-4) prepared and

agreed on project scale by Nhat Minh Design – Trading JSC, as follows:

1. Overview

1.1 Project’s name:

+ The electric grid and cable communication relocation work under CW1

Package, the project of D2400 Pipeline from Binh Thai South Crossing

to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street (at

shaft SH-0).

+ The electric grid and cable communication relocation work under CW1

Package, the project of D2400 Pipeline from Binh Thai South Crossing

to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street (at

shaft SH-2).

+ The electric grid and cable communication relocation work under CW1

Package, the project of D2400 Pipeline from Binh Thai South Crossing

to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street (at

shaft SH-4).

1.2 Location: Truong Tho Ward, Thu Duc District.

2. Project Scale:

2.1 The affected electric grid scope

66

The electric grid has been relocated within scope of construction under

the management and operation of Thu Duc Power Company, including:

a. At shaft SH-0:

+ The medium voltage grid of the 22kV Thu Duc line PP1 and Viet

Thang, the 110kV Thu Duc intermediate station.

- Single centrifugal concrete pole 14m: 02 poles (T.SHHN.T75AL,

T.SHHN.T75L)

- Floating Medium Voltage 6VXAs240(24kV) + As95: 69m (from

new pole T.SHHN.T75 to new pole T.SHHN.T75AL).

- Floating Medium Voltage 3VXAs240(24kV) + As95: 13m (6m from

new pole T.SHHN.T74L.1 to new pole T.SHHN.T75L and 7m from

new pole T.SHHN.T75AL to new pole T.SHHN.T75AL.1).

+ Low voltage grid at the Phuoc Long 11 station, 22kV line Thu Duc

PP1;

- Single centrifugal concrete pole 8.4m: 01 pole (T.SHHN.H9L)

- Floating Medium Voltage 2xABC4x95mm2: 69m (from new pole

T.SHHN.T75L to new pole T.SHHN.T75AL).

b. At shaft SH-2:

+ The medium voltage grid of the 22kV An Phu line, the 110kV Thu

Duc intermediate station.

- Single centrifugal concrete pole 12m: 03 poles (T.SHHN.T54L,

T.SHHN.T55L, T.SHHN.T56L).

- Centrifugal concrete pole pi 12m: 01 pole (T.SHHN.T56AL).

- Floating Medium Voltage 3VXAs240(24kV) + As95: 95m (from

new pole T.SHHN.T54L to new pole T.SHHN.T56AL).

- Floating Medium Voltage 3VXAs95(24kV) + As50: 21m (from pole

T.SHHN.T54L to be withdrawn to pole T.SHHN.T54L.1).

+ Low voltage grid: None

c. At shaft SH-4:

+ The medium voltage grid of the 22kV line - An Phu, Vikimco, the

110kV Thu Duc intermediate station.

- Joint centrifugal concrete pole 14m: 01 pole (T.SHHN.T20L)

Medium voltage underground cable 2x3M240mm2 24kV: 45m

(poles from T.SHHN.T20L to T.XLHN.T2L).

- Floating Medium Voltage 6VXAs240(24kV) + As95: 52m (from

existing pole T.SHHN.T20L to new pole T.SHHN.T21L).

- Floating Medium Voltage 3VXAs240(24kV) + As95: 23m (from

existing pole T.SHHN.T20L to new pole T.SHHN.T20L).

+ Transformer station: 01 pole (centrifugal concrete station 14m).

67

+ The low voltage grid of Tree Park 1 station (3x25Kva), An Phu line:

38m floating wire – single line 1xABC-4x38mm2 from Tree Park 1

station to T.XLHN.T3L pole.

2.2 Relocation and re-built work

a. At shaft SH-0:

+ The new joint centrifugal concrete pole 14m + concrete foundation

of pole: 02 poles (pole T.SHHN.T74L/1 and T.SHHN.T76L.1).

+ The new single centrifugal concrete pole 14m + concrete

foundation of pole: 02 poles (pole T.SHHN.T75L and

T.SHHN.T75AL).

+ New towing medium voltage underground cable of single line

2x3M240 mm2-24kV from pole T.SHHN.T75L (new pole) to pole

T.SHHN.T75AL (new pole): 69m.

+ New towing medium voltage underground cable of single line

2x3M240 mm2-24kV from pole T.SHHN.T74L/1 (new pole) to pole

T.SHHN.T76L/1 (new pole): 83m.

+ New installation 04 DS 3 phase 630A – 24kV O.D (DS Binh Thai 1,

DS Binh Thai 1-1; DS Binh Thai 2, DS Binh Thai 2-1).

+ The new single centrifugal concrete pole 10,5m + concrete

foundation of pole: 01 pole (pole H.PL11H1).

+ New towing low voltage underground cable of single line 4xM(3x95

+ 1x50mm2 – 1kV) (new poles from T.SHHN.T75L to

T.SHHN.T75AL): 69m

+ New towing low voltage underground cable of single line 1xM(3x95

+ 1x50mm2 – 1kV) (from new pole T.SHHN.T76L.1 to new low

voltage pole H.PL11.H1): 43m

b. At shaft SH-2:

+ The new joint centrifugal concrete pole 14m + concrete foundation

of pole: 02 poles (poles T.SHHN.T54L, T.SHHN.T56AL).

+ New towing medium voltage underground cable of single line

2x3M240 mm2-24kV from pole T.SHHN.T54L (new pole) to pole

T.SHHN.T56AL (new pole): 95m.

+ New towing medium voltage underground cable of single line

2x3M240 mm2-24kV from pole T.SHHN.T56AL (new pole) to the

underground cable junction box connecting to the underground cable

connects with the Viet Thang line : 13m.

+ New towing medium voltage floating wire 3VXAs95 (24kV) + As50

from new pole T.SHHN.T54L to pole T.SHHN.T54L.1 (Regenerate

electricity for the station SUA CHUA CO DIEN 3): 21m.

+ New installation 01 DS 3 phase 630A – 24kV O.D (DS

electromechanical 2).

+ Relocation + reuse 02 DS 3 phase 630 – 24kV O.D: DS CN An Phu

and DS An Phu – Viet Thang.

68

+ Relocation + reuse 03 FCO 24kV: FCO electromechanical repair 3.

c. At shaft SH-4:

+ The new centrifugal concrete pole 14m + concrete foundation of

pole: 02 poles (poles T.SHHN.T20L, T.SHHN.T21L).

+ Relocation + re-built Transformer to be hung – capacity 3x25kVA:

01 station.

+ New towing medium voltage underground cable of single line

2x3M240 mm2-24kV from pole T.SHHN.T20L to pole T.SHHN.T21L:

75m.

+ New towing medium voltage underground cable of single line

2x3M240 mm2-24kV from pole T.SHHN.T20L to pole T.XLHN.T2L:

53m.

+ Relocation + reuse DS 3 phase: DS nt An Phu - XMHT.

+ New installation 02 DS 3 phase 630A – 24kV O.D (DS PD An Phu

1, DS PD An Phu 2).

2.3 Recovered materials (pay the Employer)

+ The single centrifugal concrete pole 14m: 02 poles (broken base)

+ The joint centrifugal concrete pole 14m: 01 pole (broken base)

+ The single centrifugal concrete pole 12m: 03 poles (broken base)

+ The centrifugal concrete pole pi 12m: 01 pole (broken base)

+ The joint centrifugal concrete pole 14m (pole of station): 01 pole

(broken base)

+ Floating medium voltage wire - Single line 6VXAs240 (24kV) +

As95: 121m

+ Floating medium voltage wire - Single line 3VXAs240 (24kV) +

As95: 160m

+ Medium voltage underground cable - Single line 2x3M240mm 2-

24kV: 45m

+ Floating medium voltage wire - Single line 3VXAs95 (24kV) +

As50: 21m

+ Twisted cable – single line 2xABC4x95mm2: 69m

+ Twisted cable – single line 1xABC4x38mm2: 38m

+ The single centrifugal concrete pole 8.4m: 1 pole (broken base)

2.4 Safety sign system, station name and number of poles

+ Number of pole: Paint the numbering plates for the new pole

position as per the technical specifications of the Thu Duc Power

Company.

+ Installing name plate of equipment, cable terminal, station as per

regulations of Thu Duc Power Company.

2.5 Plan of the station installation and other details: 01 plan drawing

and structure of pole.

69

II. Some contents need to be edited, added and implemented before

commencement:

1. Some contents need to be edited, added:

- Fully adding the coordinates of VN2000 for new pole positions, positions

for installing medium and low voltage underground cables.

- At shaft SH-2:

+ At the new pole T.SHHN.T56AL: Add new installation 01 DS 3 phase

630A 24kV-O.D (DS electromechanical 3) protect new underground

cable terminal – An Phu line (new underground cable - poles from

T.SHHN.T54L to T.SHHN.T56AL) DS.

+ At the existing pole T.SHHN.T57L : Installing relocation and reuse

DS CN An Phu from pole T.SHHN.T56AL (DS blade along the pole

body).

+ Renovate and replace the existing wire 3VXs95(24kV) + As50 to wire

3VXs240(24kV) + As95.

+ At the pole T.SHHN.T57L : Relocation and reuse DS nt An Phu –

Viet Thang from pole T.SHHN.T56AL for installation at the pole

T.SHHN.T57L to calibrate position of installation for underground

cable DS at the pole T/QL1A/T74L from horizontal to vertical pole body

(DS blade along the pole body).

+ At the pole T.SHHN.T54L (new): suggest calibration of the

connection of the bypass direct press and relocate the FCO to supply

power to the SUA CHUA CO DIEN 3 transformer station from pole

T.SHHN.T54L to install at the existing pole T.SHHN.T54L.1 (Use the

hotline to connect).

+ Junction Box Underground Cable: have to use a filler type, add a

junction box locator.

+ At the existing pole T.SHHN.T53L: rename DS from Vikimco-V

Thang become DS CN Vikimco and calibrate the position to CN

Vikimco line.

- At shaft SH-4:

+ After completing the construction of shaft SH-4, request the

contractor to re-operate 3VXAs240(24kV) + As95 from pole

T.SHHN.T20L (recover) to the new pole T.SHHN.T21L.

- According to the guideline of HCMC Power Corporation to limit the cut-

off supporting for work in order to improve the reliability of power

supply for customers, the Employer should request the Design

Consultant to add Method Statements, in which priority is given to

Method Statements without power cut (live-line method).

2. Some contents to be done before construction:

- For information wire systems and telecommunications wires are on utility

70

poles to be relocated, the Employer is requested to contact the owners in

order to agree on solutions and funding for relocation, underground

synchronous with the grid.

- Before commencement, the contractors have to send the registration of

materials, equipment and construction schedule; The materials and

equipment used in the works must have certificates of origin and tested

according to regulations before operation.

- Drilling to explore existing underground cable system and having solutions

to ensure electricity supply safety (if any).

III. In this contents, Thu Duc Power Company has agreed the technical

requirements and solutions stated in the detailed design. Particularly, the cost

estimate of the project will be approved by a competent authority.

IV. This Agreement is attached to the detailed design, in order to be as the basis

for submission to the competent authority for appraisal and approval.

Best regards./.

Receipt:

- As above;

- Save.

Deputy Director

Nguyen Song Toan

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Annex 4: Official Letter of Thu Duc Electricity sent to relevant units to coordinate

the relocation of telecom items

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English translation SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness Thu Duc, October 06, 2020.

To: Department of Information and Communication; VNPT Thu Duc District; CMC Telecom; FPT telecom; Viettel Networks; Saigon Postel Corp. (SPT); HTC International Telecommunication Joint Stock Company (HTC); Ho Chi Minh City Television Cable (HTVC); Saigontourist Cable Television Co. (SCTV); Department of Cyber Security and Hi-tech Crime Prevention; Information Technology Company; Netnam Corporation (Ha Noi City); Tien Phat Technical JSC. (TP coms); Branch in HCMC - Viet Nam Television cable Coporation one member Ltd; Ho Chi Minh City Public Lighting Co., Ltd; Telecommunication Department for Police in HCMC. Pursuant to the Regulation on common use of electric poles in the city issued by the People's Committee of HCMC under Decision No. 184/2006/QD-UBND dated December 27, 2006; Pursuant to the Letter ref. 5897/EVNHCMC-IT dated September 8, 2014 on hanging communication wires on electricity poles in accordance with Decision 184 of the People's Committee of HCMC; Pursuant to the Invitation ref. 114/GM-TCT-PMUADB dated August 14, 2020 of Saigon Water Corporation (SAWACO) regarding inspection. In the area of PCTHUDUC, there is a construction project of D2400mm Treated Water Transmission Pipeline from Binh Thai South Crossing to (Thu Duc District) to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street (Binh Thanh District) has been carry out. Affected areas of electricity and telecommunications lines: Along the Song Hanh Ha Noi Highway, section from shaft SH-0 (Binh Thai South crossroads) to SH-4 (Ha Tien Cement Factory). Specifically:

Section shaft SH0: from medium voltage pole T.SHHN.T74L to T.SHHN.T76L

Section shaft SH2: from medium voltage pole T.SHHN.T53L to T.SHHN.T57L

Section shaft SH4: from medium voltage pole T.SHHN.T19L to T.SHHN.T21L PCTHUDUC suggests telecom company directly contact the Employer - Saigon Water Corporation and the Sub-Contractor – Le Ha Service Trading Construction Company Limited that agree on plans and funding for the utilites relocation of communication wires and television cables synchronously with the power grid for the above works.

HO CHI MINH CITY POWER CORPORATION

POWER COMPANY THU DUC

No. 1719/PCTD-QLLD

Ref: inform telecommunication companies contact

the Employer "D2400 Treated Water Transmission

Pipeline” to relocate communication wires and

cables TV in sync with the grid.

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Contact : - Mr. Ha - Phone: 0903912409 - Mr. Cuong - Phone: 0799018177 Best regards./. Receipt: As above;

Deputy Director

Nguyen Song Toan

75

Annex 5: Agreement letter on relocation design of Telecommunication

companies (letter 3877/QLDAT)

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Translate in English

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

Ho Chi Minh City, October 22nd, 2020.

To: Saigon Water Corporation (SAWACO)

First of all, the Project Management Unit of West City would like to thank for your coordination over the past time. Pursuant to the meeting minutes dated October 12, 2020 on the agreement of telecommunications infrastructure relocation managed by VNPT under the project "Non-revenue water reduction; network strengthening and expansion for Saigon Water Corporation from 2011 to 2015", with the participation of relevant stakeholders, The PMU West City gives you information about the current status of technical infrastructure works managed by VNPT HCMC within the scope of construction of 03 shafts SH-0, SH-2, SH-4, as follows:

1. The current status of technical infrastructure works includes: 05 drawings (A4).

Notes:

- The drawings of the current status of technical infrastructure works provided by the PMU West and this attached letter are for reference only (up to the time of sending this letter).

- To ensure the communication safety, PMU West would like to request that you do not provide the drawings of the above technical infrastructure to the 3rd party without our consent.

2. In the process of preparing the reconstruction relocation design, we would like to

request: - Directly contact and work closely with VNPT Thu Duc on the design for relocate

and re-establish telecommunication network managed by VNPT HCMC, network connection and transfer plan.

- Informing both the PMU West and VNPT Thu Duc in advance of the commencement schedule in order to prepare necessary procedures for your coordination and timely handling of incidents (if any).

3. The center of VNPT Ho Chi Minh City: PMU West 3.1. Mr. Pham Van Lam – Deputy Manager/ VNPT Thu Duc

- Phone: 0911 769 696 - Email: lampv.hcm@vnpt.vn

3.2 Mr. Nguyen Quang Huy - Deputy Manager of Project/ PMU West - Phone: 0913 717 413 - Email: huynq.hcm@vnpt.vn

We hope to receive your cooperation.

VNPT HO CHI MINH CITY PROJECT MANAGEMENT UNIT OF WEST

CITY

No. 3877/QLDAT

Ref: Providing current status of technical infrastructure works within the construction scope of 03 shafts SH-0, SH-2, SH-4.

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Best regards./.

Receipt:

- As above;

- Mrs. Ha (Director)

- Save.

Enclosed: 05 drawings (A4)

Deputy Director

Hinh Huu Lap

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Annex 6: Agreement letter on relocation telecommunication design of VNPT THU

DUC CENTER (letter 668/VTTD-KTDH)

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Translation in English

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

HCMC, November 10, 2020

To: Le Ha Service Trading Construction Company Limited (Address: No. 614/39 National Route 52, Phuoc Long B Ward, Dist. 9)

VNPT THU DUC CENTER – VNPT HCMC would like to send our faithful

greetings and regards to the Company, who have been coordinate with us in the

past time.

Pursuant to Document No. 44/CV-LH.20 Re: Agreement on the method to

underground-relocate the telecommunication network cables in order to serve

the D2400 Treated Water Transmission Pipeline from Binh Thai South Crossing

to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street (section from

shafts SH-0 to SH-4) under the Project “Non-revenue water reduction; network

strengthening and expansion for Saigon Water Corporation from 2011 to 2015”.

Pursuant to Minutes of Meeting dated October 12, 2020 Re: Agreement

on the coordination to relocate the infrastructure of the telecommunications

managed by VNPT, under the project scope of “Non-revenue water reduction;

network strengthening and expansion for Saigon Water Corporation from 2011

to 2015”.

Pursuant to Document No. 4052/QLDAT dated November 06, 2020 Re:

Coordination on the implementation of compensation and relocation works.

VNPT Thu Duc Center has provided the status of work to PMU of City’s

West, the representative of VNPT to implement the relocations, expansion,

underground-construct projects, etc., the Company is advised to contact them

for information.

VNPT Thu Duc Center has agreed on the method of underground

relocation for telecommunication cable network as per the provided status of

work. The Employer to bear all costs and expenditures accordingly to Document

No. 44/CV-LH.20, including the additional costs (if any).

The construction unit of the item underground relocation of infrastructure

and telecommunication cable network is advised to coordinate with VNPT Thu

Duc Center in connecting the network transfer, in accordance with VNPT’s

network transfer procedure, to avoid and minimize the time of network

disconnection.

Best regards./.

VNPT HO CHI MINH CITY VNPT THU DUC CENTER

No. 668/VTTD-KTDH

(Respond to Document No. 44/CV-

LH.20)

PP. Director

Deputy Director

Tran Van Tung

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Annex 7: Agreement letter on relocation drainage system design of Ha Noi Highway Construction and Investment JSC (letter 2008/TCT-PMUADB)

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HO CHI MINH CITY PEOPLE’S COMMITTEE SAIGON WATER CORPORATION (SAWACO)

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

Ho Chi Minh City, June 27, 2019.

To: Ha Noi Highway Construction and Investment JSC. (HNHC)

Pursuant to:

- Decision No. 5166/QD-UBND dated November 19, 2010 of the HCM City People's

Committee approved construction investment project "Non-revenue water reduction;

network strengthening and expansion for Saigon Water Corporation from 2011 to 2015"

funded by the Asian Development Bank;

- Decision No. 2895/QD-UBND dated June 04, 2016 of HCM City People's Committee

on the revision of the project "Non-revenue water reduction; network strengthening and

expansion for Saigon Water Corporation from 2011 to 2015" funded by ADB;

- Contract CW1: Design and installation of the D2400 Treated Water Transmission

Pipeline from Binh Thai South Crossing to junction of Dien Bien Phu Street and Nguyen

Binh Khiem Street signed on August 24, 2017 between SAWACO and JV VCGP -

Bessac CW1;

- The DOT’s Letter ref. 14156B/SGTVT-CTN dated December 27, 2018 regarding

agreement on the installation location of water supply pipeline, which is on Nguyen Van

Ba street under the Design, supply and installation of the D2400 Treated Water

Transmission Pipeline from Binh Thai South Crossing to junction of Dien Bien Phu

Street and Nguyen Binh Khiem Street;

- The plan of drainage system relocation to support for the construction - the D2400

Treated Water Transmission Pipeline from Binh Thai South Crossing to junction of Dien

Bien Phu Street and Nguyen Binh Khiem Street (section from SH-0 to SH-4) to be

prepared by JV VCGP - Bessac CW1,

Currently, SAWACO is preparing to carry out the construction of the D2400 Treated Water

Transmission Pipeline from Binh Thai South Crossing to junction of Dien Bien Phu Street and

Nguyen Binh Khiem Street (section from SH-0 to SH-4).

Through the survey, within the construction area of the D2400 Treated Water Transmission

Pipeline from Binh Thai South Crossing to junction of Dien Bien Phu Street and Nguyen Binh

Khiem Street (section from SH-0 to SH-4), there is an existing drainage system along the

parallel road left of Hanoi Highway, which is under your management.

SAWACO would like to receive your consideration and agree on the plan of drainage system

relocation in order to assist in project - the D2400 Treated Water Transmission Pipeline from

Binh Thai South Crossing to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street

(section from SH-0 to SH-4) to be implemented by JV VCGP - Bessac CW1 , with the

following specific information:

No. 2008/TCT-PMUADB

Ref: Agreement on the drainage system relocation for the construction - the D2400 Treated Water Transmission Pipeline from Binh Thai South Crossing to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street (section from SH-0 to SH-4). .

.

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- Main Contractor: JV VCGP - Bessac CW1

- Sub – Contractor:

+ Le Ha Service Trading Construction Co., Ltd.

+ An Sơn JSC.

Due to the urgency of the project, SAWACO would like to kindly have your assistance and

coordination, and create favorable conditions for us to carry out the above mentioned drainage

system relocation in the shortest time; ensure timely completion of project - the D2400 Treated

Water Transmission Pipeline from Binh Thai South Crossing to junction of Dien Bien Phu Street

and Nguyen Binh Khiem Street.

Best regards./.

Enclosed: (Plan of drainage system relocation in order to assist in project - the D2400

Treated Water Transmission Pipeline from Binh Thai South Crossing to junction of Dien Bien

Phu Street and Nguyen Binh Khiem Street (section from SH-0 to SH-4) to be prepared by JV

VCGP - Bessac CW1)

Receipt:

- As above;

- BOD (to report);

- Save.

Deputy Director

Tran Quang Minh

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Annex 8: Agreement to design and relocate the drainage system, owned by

the Hanoi Highway Company

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Annex 9: Construction license number 1862 / GP-SGTVT dated 15.10.2020 issued

by the Department of Transport of Ho Chi Minh City

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Translate in English

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

Ho Chi Minh City, October 15, 2020.

CONSTRUCTION PERMIT

Project: D2400mm Treated Water Transmission Pipeline from Binh Thai South Crossing to junction of Dien Bien Phu Street and Nguyen Binh Khiem Street (section from SH-0 to SH-6;

utilities relocation work). Location: Parallel lines on the left Ha Noi Highway, Thu Duc District

- Pursuant to the Circular No. 50/2015/TT-BGTVT dated September 23, 2015 of the

Ministry of Transport guiding as per some articles of Decree No. 11/2010/ND-CP

dated February 24, 2010 of the Government’s regulations on the management and

protection of road traffic infrastructure; Circular No. 35/2017/TT-BGTVT dated

October 9, 2017 of the MOT on amending and supplementing some articles of the

Circular No. 50/2015/TT-BGTVT dated September 23, 2016 of the MOT;

- Pursuant to Decision No. 09/2014/QD-UBND dated February 20, 2014 of the HCMC

People's Committee on issuing regulations on essential construction within the

protection of roads traffic infrastructure in HCM City; Decision No. 30/2018/QD-

UBND dated September 04, 2018 of the HCMC People's Committee on amending

and supplementing some articles of Decision No. 09/2014/QD-UBND dated

February 20, 2014;

- Pursuant to Official Letter No.11306/SGTVT-KT dated September 23, 2020 of the

DOT approving the traffic management plan to serve construction of D2400 Treated

Water Transmission Pipeline from Binh Thai South Crossing to junction of Dien Bien

Phu Street and Nguyen Binh Khiem Street (utilities relocation work at shaft SH-4).

- Considering SAWACO's application for Construction Permit No. 3163/TCT-

PMUADB dated October 01, 2020 and attached design; Official Letter No.

3714/TTQLĐB-QLHT2 dated October 08, 2020 of the Roads Management Center

on inspecting the scope and scale of the construction permit application for the

D2400mm Treated Water Transmission Pipeline from Binh Thai South Crossing to

junction of Dien Bien Phu Street and Nguyen Binh Khiem Street (utilities relocation

work at shaft SH-4).

1. Granted for: Saigon Water Corporation (SAWACO)

- Address: No.1 Cong truong Quoc te, Ward 6, District 3.

- Phone: 028.3829.1777

2. For the construction: D2400mm Treated Water Transmission Pipeline from Binh

Thai South Crossing to junction of Dien Bien Phu Street and Nguyen Binh Khiem

Street (utilities relocation work at shaft SH-4), including:

2.1 Scale, scope and duration of construction.

HO CHI MINH CITY PEOPLE’S COMMITTEE DEPARTMENT OF TRANSPORTATION

No. 1862/GP-SGTVT

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No. Location Scope of work (m) Duration

Roadway Pavement

1

Parallel lines on the left Ha

Noi Highway (drainage

relocation work at shaft SH-4,

install the D1800 drainage

pipeline from manholes M42

to G1), Thu Duc District.

55x2.0 55x5.0 From Oct 17, 2020

to Dec 17, 2020

Notes:

- Management traffic as per the plan approved by the DOT via Official Letter ref.

11306/ SGTVT-KT dated September 23, 2020.

- The Employer sets up barriers in accordance with the requirements of the

DOT via Official Letter ref. 1656/SGTVT-KT dated January 25, 2017.

- Coordinating with Ha Noi Highway Construction And Investment Joint Stock

Company, The Management Authority for Urban Railways (MAUR) to

implement synchronous construction of related projects in the area, ensuring

no overlap, avoid waste.

- The Employer is responsible for directing the contractors who fully implement

traffic safety at the construction site (including the entire area where the

construction ground has been received) such as the arrangement of a full

system of signs, road painting, warning lights, human for traffic management:

ensuring a smooth road surface; no garbage, mud, regular cleaning the site;…..

2.2 Relevant parties:

- The Contractor: Joint Venture VCGP – Bessac CW1.

Address: 153/18 Nguyen Van Huong Street, Thao Dien Ward, District 2.

Site Manager: Mr. Romain ABBAD (Phone: 0918.642.008).

- The Consultant: Black & Veatch International Company.

Address: 2nd Floor, Victory House Building, 19-23 Dinh Bo Linh, Ward 26, Binh

Thanh District.

Project Manager: Mr. John. G Dryburgh.

Deputy Project Manager: Mr. Le Minh Duc (Phone: 0903.469.790)./.

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Best regards./.

Receipt: - As Section 1 above; - PC Thu Duc District; - Roads Management Center; - Save.

Roads Infrastructure Manager

Ngo Hai Duong

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REQUIREMENTS TO THE RELEVANT AUTHORITIES The Employer to bring this permit to the relevant People’s Committee and Roads Management Center to obtain the handed-over site; implementing the traffic management plan as per the approved Method Statement and the regulations on road safety during road construction;

1. After obtaining the site, the construction unit must be responsible with road

safety, under the inspection and monitoring of Roads Management Center, Inspector

of the Department of Transport and other relevant authorities;

2. From the day of obtaining the site, if the construction unit does not implement

traffic management and jeopardize the road safety; every responsibility tied with the

traffic accidents and other costs from damages (if any) shall be borne by the Employer

and construction unit, and they must act in accordance with the regulations;

3. Carry out the complete procedures of compensation for road damage caused

by the construction unit; 4. During construction, if there is conflict with the works from cable lines, power lines, drainages,

ect., promptly report to the coordinating authorities to work towards handling action.

5. After the construction, the site must be handed over to the Roads Management Center;

6. The Employer is responsible to relocate and bear all costs when there is requirement

or guidance from the authorities, as stipulated in Decree No. 11/2010/ND-CP dated February

24, 2010 of the Government, about the management and protection of road infrastructure;

7. The construction unit must carry out the works at the designate site, scale and

structure, as approved in the Detailed Design and Construction Permit. Any change made

beyond the scope of permit must be approved by the Department of Transport.

8. Roads Management Center and Inspector of the Department of Transport are

responsible with the inspection and monitoring of the implementation of the items as approved

in this permit;

9. Construction during the holidays and Tet holidays as regulated is prohibited.

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Annex 10: Minute of consultation with agencies of utilities relocation

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Translate in English

SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness

---------------------

Ho Chi Minh City, October 16, 2020.

WORKING MINUTES

(HCMC Water Supply Project - L2754) (Ref: Contents, impacts related to resettlement)

Today, October 16, 2020 at the CW1 Package’s Office. We include:

A. Employer's Representative (SAWACO):

Mr. Tran Vo Viet Cuong Title: Technical Supervisor

B. Contractor’s Representative

Mr. PIOT Francois Mr. Le Huu Ha Company: Le Ha

C. Consultant’s Representative

Mr. Le Minh Duc Title: D.Project Manager- BVI We will have a meeting to discuss some tasks as follows: 1. Review impacts, processes, and plans for implementing social content of HCMC

Water Supply Project - L2754 for Section 1 (SH-2 and SH-4); 2. Discussing on procedures, related documents for updating resettlement plan for

Section 1. 3. Agreement on contents related to the implementation and supervision of Social

Safety in the construction duration. Contents: ADB Consultant and the BVI Consultant have presented ADB’s regulations on resettlement. The Contractor is requested to assist by providing information about the impacts, mitigation measures, written agreements, and related meeting minutes; and the basis of the agreement and cost estimates. The Contractor and Sub-contractor have agreed to provide relevant documents and comply with ADB’s regulations on resettlement and implement the next tasks of the schedule. The Contractor confirmed to have completed the procedures with stakeholders. The Contractor will supplement any missing content. SAWACO's Representative BVI's Representative

Tran Vo Viet Cuong Le Minh Duc Design Consultant Sub – Contractor An Son Construction Company Tran Minh Nhut Le Huu Ha

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Annex 11: Photographs of site visits and consultation

BVI Consultants consult with CW1 contractor BVI Consultants interview with 02 with

representatives of Thu Duc Mechanical and

Electrical Joint Stock Company

Thu Duc Mechanical and Electrical Joint Stock

Company

Ha Tien 1 Cement Joint Stock Company is

located in SH4 shaft area

Position of Shalf SH4

Position of Shalf SH2

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Public consultation with stakeholders in Trương Tho ward, Thu Duc district

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Annex 12: Agreed construction organization plan to ensure construction safety during

construction and installation

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TRAFFIC DIVERSION AT SH-2

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TRAFFIC DIVERSION AT SH-4

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