Ho Chi Minh City Urban Mass Rapid Transit Line 2 Investment ...
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DRAFT FRAMEWORK FINANCING AGREEMENT 1<br />
(VIE: <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Urban</strong> <strong>Mass</strong> <strong>Rapid</strong> <strong>Transit</strong> <strong>Line</strong> 2 <strong>Investment</strong> Program)<br />
Parties This Framework Financing Agreement (“FFA”) dated [ ] is<br />
between the Socialist Republic of Viet Nam and Asian Development<br />
Bank (“ADB”).<br />
MFF <strong>Investment</strong><br />
Program<br />
Multitranche<br />
Financing<br />
Facility<br />
Viet Nam is committed to improve urban public transport infrastructure to<br />
reduce transportation costs and increase public modal share by<br />
implementing the <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Urban</strong> <strong>Mass</strong> <strong>Rapid</strong> <strong>Transit</strong> <strong>Line</strong> 2<br />
<strong>Investment</strong> Program ("<strong>Investment</strong> Program"). The <strong>Investment</strong> Program is<br />
part of Viet Nam’s Socio-Economic Development Plan for 2006-2010,<br />
and an integral part of the HCMC <strong>Urban</strong> Transport Masterplan (UTM), as<br />
described in Schedule 1 hereto.<br />
The total cost of the <strong>Investment</strong> Program over the period 2011 to 2016 is<br />
expected to be $1,374.5 million. The total cost of Viet Nam's HCMC<br />
UTM, over the period 2010 to 2020 is expected to be about $5.4 billion<br />
equivalent.<br />
The Multitranche Financing Facility ("Facility") is intended to finance<br />
projects, under the <strong>Investment</strong> Program, provided that such projects<br />
comply with the criteria and approval procedure set out in Schedule 4<br />
hereto and that understandings set out in this FFA are complied with.<br />
The <strong>Investment</strong> Program will finance the construction of mass rapid<br />
transit (MRT) <strong>Line</strong> 2 to improve public transport services and access in<br />
six central districts of <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>. It is expected that the Facility will<br />
comprise two loans to finance projects under the <strong>Investment</strong> Program.<br />
The <strong>Investment</strong> Program comprises two components: (a) MRT <strong>Line</strong> 2<br />
System Development; and (b) MRT Implementation Support:<br />
(i) Loan 1 will comprise: (a) civil works comprised of site preparation<br />
and construction of initial depot buildings to be used for project<br />
implementation and remaining main depot infrastructure; (b) initial<br />
systems for stations; (c) project management and implementation<br />
support to MAUR ; (d) functional design and procurement<br />
assistance services; (e) social development, gender<br />
mainstreaming program and public awareness ; and (f) integrated<br />
sustainable urban transport measures.<br />
(ii) Loan 2 will comprise: (a) civil works which include the remaining<br />
depot construction and all works for the main MRT <strong>Line</strong> 2; (b)<br />
procurement and installation of the required MRT <strong>Line</strong> 2 E&M<br />
systems and equipment and provision of rolling stock; and (c)<br />
construction supervision services.<br />
1 This is a draft for discussion between the Borrower and ADB. It is subject to further changes.
2<br />
Financing<br />
Framework<br />
Agreement<br />
This FFA does not constitute a legal obligation on the part of ADB to<br />
commit any financing. ADB has the right to deny any financing request<br />
made by Viet Nam, cancel the uncommitted portion of the Facility, and<br />
withdraw Viet Nam's right to request any financing tranche under the<br />
Facility. Financing tranches may be made available by ADB provided<br />
matters continue to be in accordance with the general understandings<br />
and expectations on which the Facility is based and which are laid out in<br />
this FFA.<br />
This FFA does not constitute a legal obligation on the part of Viet Nam<br />
to request any financing. Viet Nam has the right not to request any<br />
financing under the Facility. Viet Nam also has the right at any time to<br />
cancel any uncommitted portion of the Facility.<br />
Viet Nam and ADB may exercise their respective rights to cancel the<br />
Facility or any uncommitted portion thereof, and ADB may exercise its<br />
right to refuse a financing request, by giving written notice to such effect<br />
to the other parties. The written notice will provide an explanation for the<br />
cancellation or refusal and, in the case of a cancellation, specify the date<br />
on which the cancellation takes effect.<br />
Financing Plan The financing plan for the <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Urban</strong> <strong>Mass</strong> <strong>Rapid</strong> <strong>Transit</strong><br />
<strong>Line</strong> 2 <strong>Investment</strong> Program is summarized below.<br />
Amount Share (%) of<br />
Source<br />
($ million) Total<br />
Asian Development Bank<br />
540.0 39.3<br />
Kreditanstalt für Wiederaufbau 313.0 22.8<br />
European <strong>Investment</strong> Bank 195.0 14.2<br />
Government 326.5 23.7<br />
Total 1,374.5 a 100.0%<br />
Source: Asian Development Bank estimates<br />
Financing Terms ADB will provide loans to finance projects under the <strong>Investment</strong> Program,<br />
as and when the latter are ready for financing, provided, Viet Nam is in<br />
compliance with the understandings hereunder, and the projects are in<br />
line with those same understandings. Each loan will constitute a tranche.<br />
Each tranche may be financed under terms different from the financing<br />
terms of previous or subsequent tranches. The choice of financing terms<br />
will depend on the project, capital market conditions, and ADB’s<br />
financing policies, all prevailing on the date of signing the legal<br />
agreement for such tranche.<br />
Tranches may be provided in sequence or simultaneously, and some<br />
may overlap in time with each other. There is no maximum or minimum<br />
size for a tranche.<br />
Commitment charges are not payable on the Facility. They are payable<br />
only on financing actually committed by ADB as a loan. ADB rules on
commitment charges,which are in effect when the legal agreements are<br />
signed for a tranche, will apply with respect to such tranche.<br />
Amount<br />
The maximum financing amount available under the Facility is five<br />
hundred and forty million dollars ($540,000,000). It will be provided in<br />
individual tranches from ADB’s Ordinary Capital Resources. The terms<br />
and conditions of each loan will be determined in the context of each<br />
tranche and will follow prevailing ADB policies and procedures.<br />
Availability Period<br />
The last date on which any disbursement under any tranche maybe<br />
made will be 30 June 2017. The last financing tranche is expected to be<br />
executed no later than 31 December 2014..<br />
Terms and Conditions<br />
Viet Nam will cause the proceeds of each tranche to be applied to the<br />
financing of expenditures of the <strong>Investment</strong> Program, in accordance<br />
with conditions set forth in this FFA and the legal agreements for each<br />
tranche.<br />
Execution The Executing Agency will be HCMC People’s Committee (HCMC PC)<br />
and the main Implementing Agency (IA) will be the Management<br />
Authority of <strong>Urban</strong> Railways (MAUR). The Executing Agency will<br />
implement the <strong>Investment</strong> Program in accordance with the principles set<br />
forth in Schedule 1 to this Agreement, and as supplemented in the legal<br />
agreements for each tranche.<br />
Periodic<br />
Financing<br />
Requests<br />
Viet Nam may request, and ADB may agree, to provide loans under the<br />
Facility to finance the <strong>Investment</strong> Program and its related projects upon<br />
the submission of a Periodic Financing Request (PFR). Each PFR<br />
should be submitted by Viet Nam. Viet Nam will make available to<br />
HCMC PC the proceeds of the tranche in accordance with the related<br />
PFR, and the legal agreements for the tranche. ADB will review the<br />
PFRs and, if found satisfactory, prepare the related legal agreements.<br />
The projects for which financing is requested under the PFR will be<br />
subject to the selection criteria set out in Schedule 4 hereto, satisfactory<br />
due diligence, and preparation of relevant safeguard and fiduciary<br />
frameworks and other documents. The Facility will be implemented in<br />
accordance with the general framework set out in Schedule 3 to this FFA,<br />
and the Facility Administration Manual agreed between Viet Nam and<br />
ADB.<br />
Until notice is otherwise given by Viet Nam, the State Bank of Vietnam<br />
will be Viet Nam's authorized representative for purposes of executing<br />
PFRs.<br />
3
4<br />
General<br />
Implementation<br />
Framework<br />
Procedures<br />
The Facility will be implemented in accordance with the general<br />
framework set out in Schedule 3 hereto.<br />
Tranches to be provided under the Facility will be subject to following<br />
procedures and undertakings:<br />
(a) Viet Nam will have notified ADB of a forthcoming PFR in advance<br />
of the submission of the PFR.<br />
(b) Viet Nam will have submitted a PFR in the format agreed with<br />
ADB.<br />
(c) ADB may decline to authorize the negotiation and execution of<br />
any legal agreement for a tranche.<br />
(d) If ADB confirms acceptance of the PFR, the legal agreements<br />
such as loan agreements and project agreements will be<br />
negotiated and executed by the parties.<br />
PFR Information The PFR will substantially be in the form attached hereto, and will contain<br />
the following details:<br />
(i) Loan, grant, guarantee, or cofinancing amount;<br />
(ii) Description of components to be financed;<br />
(iii) Cost estimates and financing plan;<br />
(iv) Implementation arrangements specific to the projects;<br />
(v) Confirmation of the continuing validity of and adherence to the<br />
understanding in this Agreement;<br />
(vi) Confirmation of compliance with the provisions under previous<br />
Loan Agreement and Project Agreement, as appropriate; and<br />
(vii) Other information as may be required under the Facility<br />
Administration Manual, or reasonably requested by ADB.<br />
Safeguards<br />
Attached as Schedule 5 are references to the Safeguard Frameworks<br />
that will be complied with during the implementation of the Facility.<br />
ADB’s Safeguard Policies in effect as of the date of signing of legal<br />
agreements for a tranche will be applied with respect to the projects<br />
financed under such financing tranche.<br />
Procurement All goods and services to be financed under the Facility will be procured<br />
in accordance with ADB’s Procurement Guidelines (2010, as amended<br />
from time to time).<br />
Consulting<br />
Services<br />
Disbursements<br />
Monitoring,<br />
Evaluation and<br />
Reporting<br />
All consulting services to be financed under the Facility will be procured<br />
in accordance with ADB’s Guidelines on the Use of Consultants (2010,<br />
as amended from time to time).<br />
Disbursements will be made in accordance with ADB’s Loan<br />
Disbursement Handbook (2007, as amended from time to time).<br />
MAUR, assisted by the project supervision consultants, will establish<br />
systematic project performance monitoring and analysis throughout the<br />
life of the <strong>Investment</strong> Program and Tranche 1 in accordance with the
Arrangements Project Design and Monitoring Framework (included in Schedule 2) and<br />
ADB’s Project Performance Management System Handbook. The project<br />
performance monitoring and evaluation surveys will be carried out at the<br />
midterm of ADB Loan 1 implementation and 6 months after the Program<br />
completion.<br />
In addition to the regular review mission every six months, ADB will send<br />
numerous special review missions to MAUR. First, an inception review<br />
mission will be fielded to review the land acquisition and resettlement,<br />
and procurement of the project supervision consulting services and<br />
address issues that MAUR is encountering and expects to encounter for<br />
ADB Loan 1. Second, a midterm review will be undertaken to assess<br />
overall progress in project implementation and achievements, when<br />
reports of the detailed design study, economic and financial studies, and<br />
social and environmental studies are completed. Third, a project<br />
completion review mission will be fielded about 1 year after ADB Loan 1<br />
completion. There will also be special reviews as required to address<br />
issues that arise during program implementation.<br />
Schedule 2 hereto sets as the Design and Monitoring Framework for the<br />
Facility, against which the implementation effectiveness will be evaluated.<br />
Undertakings Attached as Schedule 6 are the undertakings provided by Viet Nam.<br />
SOCIALIST REPUBLIC OF VIET NAM ASIAN DEVELOPMENT BANK<br />
By _____________________________ By _____________________________<br />
Name of Authorized Representative Name of Authorized Representative<br />
5
6<br />
Appendix 1<br />
A. <strong>Urban</strong> Transport Subsector Roadmap<br />
1. Subsector Assessments<br />
SCHEDULE 1��<br />
�<br />
MFF CONSTITUENTS<br />
a. Overall Transport Sector Context<br />
1. In 2009 the transport and communications sector in Viet Nam accounted for<br />
approximately 4.5% of the country’s GDP, which has more than doubled since 2004. For urban<br />
transport, the greater urban areas of Hanoi and <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> (HCMC) comprise of 14<br />
million people, almost 6 million employed and generate 20 million passenger trips per day. Both<br />
cities effectively represent the only urban centers that require substantial urban transit services,<br />
with all secondary cities below 1 million people. Efficient transportation in these two major cities<br />
is essential for their continued economic growth, which has been above the national average for<br />
well over a decade, as well as to serve as important hubs that provide critical support and<br />
services for many sectors.<br />
2. Strong growth in major urban centers has resulted in large demand for transportation,<br />
which has been met mainly by rapid expansion of private vehicle fleets, and only Ha Noi has a<br />
bus system serving a reasonable portion of demand. Private vehicles represented an<br />
abnormally high proportion (80-90%) of total trips, with the vast majority being motorcycles, but<br />
there is significant potential to increase the number of cars, as when household incomes rise<br />
many more families will purchase cars. The current road network is becoming severely<br />
congested in peak times, and the increase in private car ownership will only exacerbate this<br />
problem as road space expansion is limited. Improvement of the efficiencies in the transport<br />
sector will lead to increase in the regional and international competitiveness and reduce logistics<br />
costs and mitigate urban congestion and environmental and social degradation.<br />
b. Challenges and Relevance to Development<br />
3. Transport is one of the key sectors to sustain Viet Nam's socioeconomic growth in the<br />
next decade. As an input to the Viet Nam's next socioeconomic development plan, the Ministry<br />
of Transport (MOT) submitted Five Year Plan for 2011–2015 in October 2009 1 , which identified<br />
the core sector problems as following: (i) incomplete and disintegrated institutional system and<br />
development plans, (ii) unsatisfactory quality and capacity of transport service, (iii) lack in quality<br />
and quantity of transport infrastructure in both urban and rural areas, (iv) insufficient state<br />
budget and other financial sources, and (v) complicated situation of the global economy.<br />
4. <strong>Urban</strong> transport in Viet Nam is at an early stage of development and is on an<br />
unsustainable path that will hinder long term growth . Private vehicles dominate transportation,<br />
especially motorcycles, but existing road infrastructure is reaching saturation point and<br />
congestion becoming severe during peak hours. The public transport systems consist of a<br />
badly integrated bus network that cannot compete with private transport modes. Traffic<br />
planning is weak and traffic management systems are inadequate to control city traffic. Strong<br />
growth has lead to heavy congestion along major routes and inner city areas, which creates a<br />
poor urban environment. Importantly the necessary policy and regulatory measures to<br />
1<br />
Transport Minister of Viet Nam. 2009. Transmittal Letter of No.7011/BGTVT-KHDT of 7 October 2009, Five Year<br />
Plan 2011–2015. Hanoi.
Appendix 1 7<br />
discourage private transport modes cannot be implemented until a viable public mass transport<br />
system exists for city residents and suburban commuters.<br />
5. Enhancement of Transport Efficiency. Improvement of the efficiencies in the urban<br />
transport will lead to increase in the regional and international competitiveness and reduce<br />
logistics costs and mitigate urban congestion and environmental and social degradation.<br />
Efficient urban transport can only be achieved through synergy of both road and urban transit<br />
networks. Whilst setting a target of 15-20% of land for urban transport, the actual land is<br />
inadequate in existing urban areas and expensive. Also the majority of the roads are narrow,<br />
with only 10-15% of roads having a cross-section width of above 12m (suitable for buses), 50-<br />
60% of roads have cross-section width of 7-12m (only suitable for cars and minibuses); 30-40%<br />
of the remaining roads have a cross-section width of less than 7m, which is only really suitable<br />
for motorcycles.<br />
6. For urban public transit, the demands will be met through mass rapid transit lines along<br />
major urban corridors, with some to be extended in the future to regional growth centers, and<br />
significant expansion of the bus network, including Bus <strong>Rapid</strong> <strong>Transit</strong> (BRT) lines. To ensure<br />
the growth in urban transit ridership, it is proposed to integrate all modes of urban transit into<br />
common terminals or multimodal transfer points, with coordination of bus and rail in schedules,<br />
common standards for operations, safety/emergency services, and maintenance including<br />
ticketing systems. These efficiency improvements are integral parts of the urban transit system<br />
but need extensive coordination to be effective.<br />
7. Institutional, Organizational, and Financial Development Planning, designing,<br />
constructing, commissioning, operating and maintaining a modern urban transit system is highly<br />
complex, requiring expertise and knowledge based on past experiences of similar systems, but<br />
this is lacking. The city Department of Transport has overall responsibility for the coordination<br />
of transport planning, and coordinate other departments which manage the road network. The<br />
institutions that plan, develop and operate urban transit are not well integrated under the city<br />
PCs, with separate agencies for bus management, bus operations, new agencies for <strong>Mass</strong><br />
<strong>Rapid</strong> <strong>Transit</strong> (MRT) systems and line departments for road investment and traffic management.<br />
<strong>Ho</strong>wever, there is no agency responsible for the overall urban transit system, so a hierarchy of<br />
operational management for each urban transit mode needs to be achieved through a Public<br />
Transport Authority (PTA).<br />
8. The investment costs to achieve the urban transport master plan targets are large with<br />
large financial gaps. For Ha Noi the total investment cost will be about US$ 12.7 billion, of which<br />
roads share US$ 6.8 billion (54%), urban transit at $5.4 billion (43%), and others at $0.4 billion<br />
(3%). In <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> (HCMC), the corresponding amounts are $11.2 billion (51%), $9.8<br />
billion (42%) and $1.1 billion (7%). These costs are too large to be borne by the cities alone<br />
and will require substantive external financing, through either the national government, official<br />
development assistance (ODA), or private sector by bonds, debts, or other financing methods<br />
9. The emphasis to separate policy, regulatory and operator roles is particularly<br />
noteworthy, but a multi-modal orientation is still lacking, resulting in imbalances and integration<br />
problems between subsectors, and also resulting in poor and inadequate coordination with<br />
investments and programs in other sectors<br />
10. Traffic Safety and Social Sustainability . Social sustainability in urban transport is<br />
derived from the modal shift from private to public transport which has numerous indirect social<br />
benefits to public transport users and the general population. This will include safety
8<br />
Appendix 1<br />
improvements, less congestion, lower commuting times, pedestrian friendly environment, and<br />
indirect economic opportunities, which in combination will lead to an improved urban<br />
environment and a better quality of life. For the development of an urban transit network, traffic<br />
and passenger safety is a core issue to be addressed by a central PTA, which would be<br />
responsible for all urban transit safety in coordinating and managing all transit modes safety to<br />
passengers. Poorly managed urban transit in Viet Nam's major cities will significantly impact<br />
the urban environment and social conditions of city communities. A key advantage of modal<br />
shift from private to public modes is that it will result in social sustainability in urban areas.<br />
11. Mainstreaming Climate Change (Mitigation and Adaptation) Mainstreaming Climate<br />
Change (Mitigation and Adaptation) is needed as Viet Nam is one of the countries that are most<br />
vulnerable to the impacts of climate change with the benefits of investing in adaptation and<br />
mitigation outweighing the costs. The introduction of a well integrated urban transit system,<br />
which encourages modal shift from private vehicle to public transport, will support climate<br />
change mitigation in urban areas, by encouraging a use of lower carbon transport modes. The<br />
urban transport master plans have a model shift of 30-40%, which when combined with natural<br />
growth of the city, has significant savings in total greenhouse gas (GHG) emissions. Within the<br />
urban transit developments, systematic methods are proposed to be introduced as climate<br />
change adaptation measures. MRT and other structures will be designed to adapt to impacts<br />
such as flooding caused by sea level rise and more frequent and severe floods, by having<br />
raised entrances to MRT stations and higher pumping capacity.<br />
2. Strategic Directions<br />
a. Viet Nam’s Strategy and Plans<br />
12. Viet Nam’s current national planning strategy for the country is reflected in the<br />
Socioeconomic Development Plan (SEDP) for 2006–2010. It highlighted the national importance<br />
of the transport sector in promoting economic growth, poverty reduction, safety enhancement,<br />
environmental protection, and human resource development. The SEDP for 2011–2015 is<br />
expected to place greater emphasis on the overall protection of the environment and<br />
improvement of the business environment; and to stress the need for more effective<br />
management of the transport sector. In the next decade (2011–2020), it is expected that the<br />
continued planned development of infrastructure will require about $16 billion annually. Based<br />
on current estimates, less than half of that amount is projected to be available. The Viet Nam's<br />
primary source to make up this very significant shortfall is the private sector and overseas<br />
development assistance (ODA).<br />
13. An improved urban transit network is vital to meet the growing travel demand. A well<br />
integrated high capacity public urban transport system is essential to meet the demands of a<br />
growing urban metropolis Both HCMC and Ha Noi have established urban transport master<br />
plans with the prime objective to expand the present road and public transit network capacity to<br />
meet the future challenges for demand in passenger and movement of goods and services.<br />
Bold targets for urban transit share of 45-50% by 2020, which is high by international standards,<br />
will require large investment. . The purpose of implementing the urban transport master plans<br />
is to increase transport efficiency in the city with sound hierarchical road network, the more<br />
efficient use of the urban transit network and encouraging private vehicle users to switch to<br />
public transit.<br />
14. The Prime Minister approved in January 2007 the HCMC <strong>Urban</strong> Transport Masterplan<br />
(UTM) that proposes to develop a network of nine urban mass rapid transit (MRT) lines,
Appendix 1 9<br />
improvements and expansion of the bus system and traffic management system improvements,<br />
all of which will support a modal shift from private to public transport. Together with<br />
improvements to the road system and supporting policy and regulatory measures, the UTM<br />
objective is for public transport to achieve 50% of transport demand by 2020. The first phase of<br />
MRT implementation is underway, with Table 1 showing a summary of the three ongoing MRT<br />
line projects. In October 2010, the HCMC PC approved the urban mass rapid transit line 2<br />
feasibility study, which approves alignment, technical standards, investment cost, construction<br />
period. The decision sets a 7 year schedule for implementation from 2010 to 2016.<br />
<strong>Line</strong> No. Length<br />
(km)<br />
Table 1: Ongoing MRT implementation<br />
<strong>Investment</strong> cost<br />
($billion)<br />
Construction<br />
period<br />
1 18.7 2.4 2010-2016 JICA<br />
Expected<br />
cofinanciers<br />
2 11.3 1.35 2012-2016 ADB, EIB, KfW<br />
5 12 1.2 2012-2017 Spain<br />
ADB = Asian Development Bank, EIB = European <strong>Investment</strong> Bank, JICA = Japan International Cooperation Agency,<br />
KfW = Kreditanstalt für Wiederaufbau<br />
b. ADB Strategy and Plans<br />
15. As outlined in the CPS for 2007–2010, the ADB’s strategy is to support Viet Nam's<br />
investment to improve transport infrastructure and reduce transport costs. The ADB's strategic<br />
thrusts, which are in line with Viet Nam’s Socioeconomic Development Plan (SEDP) for 2006–<br />
2010, include (i) addressing the social equity aspects of Viet Nam’s transport needs, and (ii)<br />
providing support for investment projects to address critical transport needs that are constraints<br />
to economic growth in the main development centers,<br />
16. Expected ADB's investments in urban transport subsector will be targeted to enhance<br />
transport efficiency in urban transport networks, which will be realized primarily due to<br />
reductions in travel time and cost. Additionally, increased urban subsector efficiency will be the<br />
result of increased capacity, and improved transport reliability and connectivity. Expected<br />
outputs include (i) capacity development technical assistances to strengthen implementation,<br />
operation and maintenance, modal shift in urban transport subsector; and to climate mitigation<br />
and climate change adaptation development for urban transport; and (ii) project preparatory<br />
technical assistances for MRT and sustainable urban transport projects.<br />
17. In the planned and ongoing ADB's interventions in the urban transport sector for 2011-<br />
2015, MRT systems is planned to take one of the largest share of 35% of transport funds. With<br />
those interventions, 23 km of MRT is expected to be constructed, and associated urban<br />
transport infrastructure works completed to enhance integration of all modes.<br />
B. Strategic Context<br />
1. Country Strategy and Program and its Progress<br />
18. ADB’s Country Strategy and Program (CSP) 2007–2010 for Viet Nam9 aims to help Viet<br />
Nam reduce poverty to 10%–11% by 2010, in accordance with Viet Nam’s Socio-Economic<br />
Development Plan (SEDP), through (i) pro-poor business-led economic growth, (ii) social equity<br />
and balanced development, and (iii) environmental protection and management. Regarding the
10<br />
Appendix 1<br />
transport sector, CSP points out that Viet Nam has a relatively inefficient and expensive<br />
transport system for an expanding economy with fast regional integration. ADB aims to help Viet<br />
Nam improve the transport investment program and sector efficiency and reduce transport<br />
costs. As the HCMC PC and agencies require substantial investments and institutional support,<br />
ADB aims to help strengthen institutional capacity. <strong>Urban</strong> transport projects will include<br />
measures to help Viet Nam address governance, environment, social, and integration issues, as<br />
appropriate.<br />
19. Midterm Review for the CSP 2 evaluates that the progress in meeting Viet Nam’s SEDP<br />
and CSP transport sector output and outcome targets has been mixed. Planning and<br />
implementation delays persist, particularly in large-scale projects such as expressways and<br />
urban mass transit. Outcome indicators (such as reduction in transport costs, reduction in traffic<br />
fatalities, and increases in freight volumes) are more appropriate for monitoring CSP outcomes<br />
and would be valuable to inform strategic planning and results monitoring. It is proposed that<br />
ADB undertake and periodically update a survey of urban transport costs jointly with the<br />
authorities and other development partners in the sector.<br />
20. Key issues identified in the CSP remain valid—management of the transport sector is<br />
relatively inefficient and transport costs relatively high. Modernization and efficiency require<br />
capacity development of urban transport sector policy and planning at the state level, and an<br />
appropriate allocation of responsibilities and risks between the state and business. Reform of<br />
state-owned enterprises in the transport sector is needed to promote competition, reduce costs,<br />
improve quality, and increase re-investment of capital resources. Demand for transport<br />
infrastructure increases with economic growth, and requires long-term commercial funds<br />
(including ordinary capital resources) for large infrastructure, especially for revenue-generating<br />
projects such as MRTs. <strong>Ho</strong>wever, the perceived risks of doing business in Viet Nam—as viewed<br />
by private sector sponsors and banks—have increased, reducing the interest of these investors,<br />
and projects now face difficulties in raising funds.<br />
2. Socio-Economic Development Plan for 2011-2015<br />
21. Viet Nam is developing the SEDP for the five-year period 2011-2015. General objectives<br />
of the SEDP are to: (i) develop a sustainable economy at high growth rate on the basis of<br />
continuing the change in the economic structure, improving quality, effectiveness and<br />
competitiveness, and being active in the global integration; (ii) creating the foundation in order to<br />
transform our country into a modern industrialized; increasing the content of science and high<br />
technology in products; radically improving and enhancing the quality of education, training and<br />
human resources; (iii) improving the material and spiritual life of the people, particularly the<br />
poor, and the ethnic minority in the mountainous and remote areas; (iv) strengthening the<br />
protection of environment and natural resources and actively coping to climate change impacts;<br />
(v) maintaining political stability and guaranteeing national security and defense, order and<br />
safety of the society.<br />
22. Under the SEDP, the following investment is planned into transportation infrastructure:<br />
(i) mobilizing capital resources from state budget, sovereign bonds, ODA and private<br />
enterprises, etc. to complete basically the essential transportation network to meet the demand<br />
of transporting goods and people between regions and to other regional countries; (ii)<br />
strengthening investment into improvement and maintenance of current works as well as<br />
construction of new transportation works that bring high socio-economic benefits (highways,<br />
2 ADB. 2010. Viet Nam: Country Strategy and Program Midterm Review 2007–2010. Manila
Appendix 1 11<br />
gateway seaports, international transshipment ports, big international airports, etc.); (iii)<br />
investing into transportation system for foreign affairs, completing the border belt; (iv) building<br />
system of bridges across rivers to make it convenient for the people’s travel; (v) completing new<br />
railways for economy’s sake, seaports’ link and industrial zones; (vi) quickly developing means<br />
of quick transportation with large quantity (undergrounds and aboveground streetcars or so) in<br />
Ha Noi and <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>; (vii) completing urban traffic system to solve the traffic jams that<br />
are caused by rapidity of urbanization, and developing transportation system in the locals with<br />
an effort to build car roads to the central for 100% communes and commune complexes in order<br />
to improve quality of transportation means and services.<br />
23. Four core key objectives were targeted: (i) Enhancement of Transport Efficiency at the<br />
Subregional Level; (ii) Institutional, Organizational and Financial Development in Transport; (iii)<br />
Traffic Safety and Social Sustainability; and (iv) Mainstreaming Climate Change (Mitigation and<br />
Adaptation). The emphasis to separate policy, regulatory and operator roles is particularly<br />
noteworthy, but a multi-modal orientation is still lacking, resulting in imbalances and integration<br />
problems between subsectors, and also resulting in poor and inadequate coordination with<br />
investments and programs in other sectors<br />
3. Strategic Relevance<br />
24. The proposed investment plan is relevant with the ADB's strategies such as Strategy<br />
2020, CPS 2007-2010, and also with the Viet Nam's national development strategies like SEDP<br />
2011-2015. The investment plan, in association with other sustainable transport funds, to<br />
implement low carbon transport measures and policy reform, will support Viet Nam’s effort to<br />
develop an integrated sustainable urban transport system in HCMC and enhance the<br />
efficiencies of the urban transport subsector.<br />
C. Policy Framework<br />
25. Viet Nam’s urban transport subsector reform actions and plan are summarized in Table<br />
2. The investment plan for MRT2, including the proposed integrated sustainable urban transport<br />
technical assistance, supported by the proposed Clean Technology Fund (CTF) technical<br />
assistance and loan, will support selected key actions to ensure sustainability of the urban<br />
transport subsector.<br />
26. To improve the efficiencies in the urban transport subsector, the <strong>Investment</strong> Program will<br />
provide technical assistance for an Integrated Sustainable <strong>Urban</strong> Transport (ISUT) study, which<br />
will study integrated sustainable urban transport related to the project, including; (i) demand<br />
forecasting, integrated fares and ticketing, (ii) bus restructuring and intermodal facilities, and (iii)<br />
sustainable transport policy. The output of this study will identify pilot measures to improve<br />
public transport, which will be implemented under a separate Clean Technology Fund project<br />
expected to be approved in 2012.
12<br />
Appendix 1<br />
Table 2: <strong>Urban</strong> Transport Subsector Policy Framework<br />
Reform Action Status Planned<br />
Sustainable<br />
integrated urban<br />
transport network<br />
Adopt a low carbon<br />
transport approach<br />
for urban transport<br />
Efficient public<br />
administration of<br />
urban transport<br />
Enhancement of<br />
sustainability of MRT<br />
projects and MAUR's<br />
financial capacities<br />
Development of urban<br />
transport masterplans<br />
with multimodal<br />
integration<br />
Develop urban<br />
transport polices to<br />
encourage public<br />
transport usage and<br />
constrain private<br />
vehicles<br />
Establishment of a PTA<br />
to improve integration<br />
between public<br />
transport modes<br />
Establishment of O&M<br />
agency and fare policy<br />
for MRT<br />
HCMC UTM approved in<br />
2007 and three MRT lines<br />
under preparation<br />
Development of public<br />
transport systems in<br />
HCMC, Ha Noi, Hai<br />
Phong and Da Nang<br />
World Bank are assisting<br />
establishment of a PTA in<br />
Ha Noi<br />
DOT have completed<br />
initial review of PTA<br />
structure for HCMC<br />
JICA are assisting to<br />
develop and establish of<br />
an O&M agency in HCMC,<br />
by 2012<br />
CTF will support bus<br />
system<br />
improvements<br />
ISUT to develop<br />
strategy for<br />
integration and<br />
multimodal options<br />
for MRT2 stations<br />
ISUT will assist<br />
HCMC examine<br />
parking strategy,<br />
congestion charging<br />
and other<br />
alternatives<br />
ISUT will assist<br />
HCMC to examine<br />
establish PTA<br />
MRT2 will support<br />
O&M agency<br />
structure, and with<br />
O&M option for first 5<br />
years by E&M<br />
contractor<br />
DOT = Department of Transport, HCMC = <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>, ISUT = integrated sustainable urban transport, JICA =<br />
Japan International Cooperation Agency, MAUR = Management Authority for <strong>Urban</strong> Railways, MRT = mass rapid<br />
transit line 2, O&M = operation and maintenance, PTA = public transit authority, UTM = urban transport masterplan<br />
D. MRT2 Development and <strong>Investment</strong> Program<br />
27. The <strong>Investment</strong> Program total cost is estimated at $1,374.5 million equivalent, inclusive<br />
of contingencies, local taxes, and financing costs during construction. The investment plan for<br />
the <strong>Investment</strong> Program is shown in Table 3 and the investment program summary financing<br />
plan is summarized in Table 4. ADB will provide $540 million, with Kreditanstalt für<br />
Wiederaufbau (KfW) to provide financing of $313.0 million, the European <strong>Investment</strong> Bank (EIB)<br />
to provide financing of $195.0 million and the government to provide $326.5 million.<br />
28. Scope of the first tranche includes, (i) civil works comprised of site preparation and<br />
construction of initial depot buildings to be used for project implementation and remaining main<br />
depot infrastructure; (ii) initial systems for stations; (iii) project management and implementation<br />
support to MAUR ; (iv) functional design and procurement assistance services; (v) social<br />
development, gender mainstreaming program and public awareness; (vi) integrated sustainable
Appendix 1 13<br />
urban transport measures. and (vii) incremental administration. The ADB loan of $40 million will<br />
be used for scope (i), (iii), (v) and (vi) and the KfW loan 3 will be used for (ii) and (iv).<br />
29. The second tranche scope of the <strong>Investment</strong> plan will include (i) remaining depot works,<br />
(ii) civil work for mainline and stations, (iii) electrical and mechanical systems and rolling stock,<br />
(iv) land acquisition and resettlement, (v) incremental administration, and (vi) consulting<br />
services for construction supervision. The ADB loan of $500 million will be used for scope (i)<br />
and (ii), the EIB loan of $195 million will be used for scope (i), (ii) and (iii), and the KfW loan loan<br />
will be used for scope (iii) and (vi).<br />
30. Viet Nam counterpart funds will be used for (i) land acquisition and resettlement, (ii)<br />
incremental administration, (iii) local taxes and (iv) interest during construction for EIB and KfW.<br />
The estimated amount of counterpart funds is $326.5 million.<br />
Table 3: <strong>Investment</strong> Plan – <strong>Investment</strong> Program<br />
($ million)<br />
($ million)<br />
ADB KFW EIB Government Total<br />
of Viet Nam<br />
Amount % Amount % Amount %<br />
A. Base Cost<br />
1 Civil works 362.7 77.7% 0.0 0.0% 104.3 22.3% 0.0 0.0% 467.0<br />
2 E&M systems 0.0 0.0% 163.6 76.6% 49.9 23.4% 0.0 0.0% 213.5<br />
3 Rollingstock 0.0 0.0% 60.1 100.0% 0.0 0.0% 0.0 0.0% 60.1<br />
4 Land acquisition<br />
and resettlement<br />
0.0 0.0% 0.0 0.0% 0.0 0.0% 127.6 100.0% 127.6<br />
5 Consulting<br />
services<br />
12.1 15.8% 52.0 83.2% 0.0 0.0% 0.6 1.0% 64.7<br />
6 Incremental<br />
administration<br />
0.0 0.0% 0.0 0.0% 0.0 0.0% 16.6 100.0% 16.6<br />
7 Taxes and duties 0.0 0.0% 0.0 0.0% 0.0 0.0% 81.9 100.0% 81.9<br />
Subtotal (A) 374.8 36.3% 275.7 26.7% 154.2 15.0% 226.7 22.0% 1031.4<br />
B Contingencies 110.8 47.7% 22.3 9.6% 40.8 17.6% 58.1 25.1% 232.0<br />
C Financing Charges<br />
During<br />
Implementation<br />
54.4 49.1% 15.0 13.5% 0.0 0.0% 41.7 37.4% 111.1<br />
Total Project Cost 540.0 313.0 195.0 326.5 1,374.5<br />
(A+B+C)<br />
% Total Project<br />
Cost<br />
39.3% 22.8% 14.2% 23.7% 100%<br />
3 The KfW loan of $313 million will be approved in two phases, similar to the ADB two tranches
14<br />
Appendix 1<br />
Table 4: Summary Financing Plan – <strong>Investment</strong> Program<br />
($ million)<br />
Financier<br />
Tranche 1<br />
Tranche 2<br />
Total<br />
Asian Development Bank 40.0 500.0 540.0<br />
Kreditanstalt für Wiederaufbau 36.4 276.6 313.0<br />
European <strong>Investment</strong> Bank 0.0 195.0 195.0<br />
Government 27.9 298.6 326.5<br />
Total 104.3 1,270.2 1,374.5<br />
Source: Asian Development Bank estimates
Design Summary<br />
Impact<br />
An integrated<br />
sustainable public<br />
transport system in six<br />
districts of HCMC.<br />
Outcome<br />
Competitive MRT<br />
services along the<br />
project corridor.<br />
Outputs<br />
Tranche 1<br />
1. Initial site works<br />
and office facilities<br />
at depot<br />
2.1 Implementation<br />
Support Program<br />
SCHEDULE 2<br />
DESIGN AND MONITORING FRAMEWORK FOR THE FACILITY<br />
Performance Targets<br />
and Indicators<br />
Public transport<br />
percentage share<br />
increases from 5% in<br />
2008 to 30% by 2025.<br />
300,000 daily loadings<br />
and 15,000 per<br />
direction peak loading<br />
on MRT2 3 years after<br />
opening<br />
Reduced average travel<br />
time along MRT2<br />
corridor by 20% from<br />
2010 level by 2018.<br />
Non-MRT public<br />
transport capacity<br />
increases by 100% in<br />
project districts by<br />
2018.<br />
Number of traffic<br />
accidents decrease<br />
from trend by 30% by<br />
2018.<br />
Construction of initial<br />
site works and office<br />
buildings in Tham<br />
Luong depot area by<br />
end 2013.<br />
Completion of Phase 1<br />
and Phase 2 support<br />
program for at least 100<br />
Data Sources and<br />
Reporting Mechanisms<br />
� Government statistical<br />
publications by district<br />
� Government and<br />
public transport<br />
operator statistics<br />
� Government traffic<br />
surveys, accident and<br />
hospital records<br />
� Independent public<br />
opinion survey<br />
� Benefit Monitoring and<br />
Post-Evaluation<br />
reports<br />
� Monitoring reports<br />
from CTF funded<br />
project<br />
� Progress Reports<br />
� Project Review<br />
Mission Reports<br />
� Project Completion<br />
Reports<br />
� Training assessment<br />
reports<br />
Appendix 2 15<br />
Assumptions<br />
and Risks<br />
Assumptions<br />
Continued strong growth in<br />
Viet Nam and regional<br />
economies.<br />
Risks<br />
Implementation of other<br />
planned MRT lines and<br />
sustainable transport<br />
initiatives are delayed<br />
Priority of climate change<br />
mitigation and adaptation<br />
measures lowered<br />
Assumptions<br />
� Government resources are<br />
available to operate and<br />
maintain MRT2.<br />
� Acceptance of public<br />
transport modes.<br />
Risks<br />
� Policy and Regulatory<br />
reforms to support modal<br />
shift are not timely enacted<br />
� Integrated services are not<br />
planned, implemented and<br />
operated efficiently.<br />
� Public transport services<br />
are not financially<br />
sustainable.<br />
Assumptions<br />
� Government demonstrates<br />
leadership to coordinate<br />
various stakeholders.<br />
Risks<br />
� Government<br />
underestimates major<br />
infrastructure development<br />
and implementation needs
16<br />
Appendix 2<br />
Design Summary<br />
2.2 Social<br />
Development and<br />
Gender<br />
Mainstreaming<br />
Program<br />
2.3. Integrated<br />
sustainable urban<br />
transport<br />
Tranche 2<br />
1. Construction of<br />
MRT2 main line<br />
and depot facilities.<br />
2. MRT2 E&M<br />
systems and rolling<br />
stock and operation<br />
of metro services<br />
installed.<br />
Performance Targets<br />
and Indicators<br />
MAUR or EA agency<br />
staff in implementation<br />
issues by December<br />
2012 and December<br />
2014 respectively,<br />
including all women<br />
staff.<br />
Approval of social and<br />
gender program by May<br />
2012 and<br />
implementation of<br />
measures by December<br />
2014<br />
Agreed milestones for<br />
policy measures,<br />
including gender<br />
initiatives, by July 2012<br />
Integrated Sustainable<br />
urban transport final<br />
report accepted by<br />
October 2013<br />
By 2017<br />
Completion of 9.5km<br />
underground, 0.5km atgrade<br />
and 1.7km<br />
elevated MRT line 2<br />
and depot facilities at<br />
Tham Luong by<br />
December 2016,<br />
including gender and<br />
socially inclusive<br />
designs, spatial<br />
planning and facilities<br />
Provision and<br />
operational<br />
commissioning of all<br />
systems, equipment<br />
and rolling stock by<br />
December 2016<br />
E&M and rolling stock<br />
designed with gender<br />
and socially inclusive<br />
features<br />
Data Sources and<br />
Reporting Mechanisms<br />
� Progress Reports<br />
� Project Review Mission<br />
Reports<br />
� Project Completion<br />
Reports<br />
� Training assessment<br />
reports<br />
Assumptions<br />
and Risks<br />
for HCMC.<br />
� Problems arising from<br />
limited experience of<br />
implementing large<br />
complex internationally<br />
supported project;<br />
operating the MRT system;<br />
and integrating of urban<br />
transport modes.<br />
Assumptions<br />
� Government demonstrates<br />
leadership to coordinate<br />
various stakeholders,<br />
including integration with<br />
other MRT systems.<br />
Risks<br />
� Problems arising<br />
unforeseen difficult<br />
construction conditions or<br />
project interfaces<br />
� Delays in land acquisition<br />
and resettlement for<br />
mainline station works<br />
.
Appendix 2 17<br />
Design Summary<br />
Performance Targets<br />
and Indicators<br />
Data Sources and<br />
Reporting Mechanisms<br />
Assumptions<br />
and Risks<br />
Activities with Milestones Inputs<br />
Tranche 1<br />
� ADB: $40 million OCR<br />
1.1 Implementation of civil works – contracts awarded by December 2011 and � Civil works: $22.7 mil<br />
completed by June 2013<br />
� Support services: $8.1<br />
mil<br />
2.1 Functional design consulting services – consultants mobilized by May 2011 � ISUT: $3.6 mil<br />
2.2 Project management and implementation support consulting services –<br />
consultants mobilized by October 2011, programs designed by June 2012<br />
and completed by December 2014.<br />
� SDGMP: $0.4mil<br />
� Other: $5.2 mil<br />
� Government: $27.9<br />
million<br />
2.3 Social/gender consulting services – consultants mobilized by January 2012<br />
and measures designed and completed by June 2014<br />
� Civil works: $2.3 mil<br />
� E&M systems: $2.3mil<br />
� Consulting services:<br />
2.4 ISUT consulting services – consultants mobilized by October 2011, CTF<br />
measures component completed by March 2012 and development and<br />
completion of MRT2 and CTF interface integration measures at all stations<br />
by December 2015.<br />
$2.1 mil<br />
� ISUT: $0.3 mil<br />
� Incremental<br />
Administration: $1.0 mil<br />
� Other: $19.9 mil<br />
� KfW: $36.4 million<br />
� E&M systems: $23.4mil<br />
� Consulting services:<br />
$13.0mil<br />
Tranche 2<br />
1.1 Implementation of civil works – all contracts awarded by June 2013 and<br />
completed by December 2016<br />
1.2 Construction supervision consulting services – consultants mobilized by<br />
April 2012.<br />
1.3 Land Acquisition – all land acquisition and resettlement completed for<br />
mainline by December 2013.<br />
2.1 Provision and installation of MRT2 systems – all contracts awarded by<br />
December 2012, completed by December 2016 and system commissioned<br />
by December 2017<br />
� ADB: $500 million OCR<br />
� Civil works: $340mil<br />
� Other: $160mil<br />
� Government: $298.6 mil<br />
� Incremental Admin:<br />
$16.2mil<br />
� Land acquisition:<br />
$127.6mil<br />
� Other: $154.8mil<br />
� KfW: $276.6 million<br />
� E&M systems:<br />
$140.1mil<br />
� Rolling stock: $60.1mil<br />
� Consulting Services:<br />
39.0mil<br />
� EIB: $195 million<br />
� Civil works:$104.3mil<br />
� E&M systems: $49.9mil<br />
� Other: $40.8 mil<br />
ADB = Asian Development Bank, CTF = Clean Technology Fund, E&M = electrical and mechanical, EIB = European<br />
<strong>Investment</strong> Bank, GHG = greenhouse gas, HCMC = <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>, KfW = Kreditanstalt für Wiederaufbau, km =<br />
kilometer, MAUR = Management Authority for <strong>Urban</strong> Railways, MRT2 = <strong>Mass</strong> <strong>Rapid</strong> <strong>Transit</strong> <strong>Line</strong> 2, O&M = operation<br />
and maintenance, OCR = ordinary capital resources<br />
Source: ADB staff, PPTA Consultant
18<br />
Appendix 3<br />
A. Program Management<br />
SCHEDULE 3<br />
IMPLEMENTATION FRAMEWORK<br />
31. The executing agency will be the HCMC People's Committee (HCMC PC) and the main<br />
implementing agency will be the Management Authority of <strong>Urban</strong> Railways (MAUR). HCMC PC<br />
currently serves as the executing agency for several ADB projects. MAUR was established in<br />
2007 to implement all nine <strong>Urban</strong> Railways in HCMC and has strong leadership, a sound<br />
organizational structure and the capability to further develop its institutional capacity as the MRT<br />
network expands. A project management unit for MRT2 has been established by MAUR under<br />
the responsible Vice Chairman that will be responsible for the day to day management and<br />
coordination of implementation. The PMU head will ensure compliance with ADB procurement<br />
and consulting guidelines and ADB safeguard policies. The PMU staff will be assisted by<br />
experienced engineers, accountants, and other staff as required. Department of Transport will<br />
be the implementing agency for ISUT. ADB has reviewed and is comfortable with MAUR’s<br />
capacity and finance and resource management to implement the <strong>Investment</strong> Program and<br />
Loan 1 and will provide support is some areas where there are specific needs to expand the<br />
overall capabilities of MAUR.<br />
32. The MAUR will ensure that the <strong>Investment</strong> Program follows the detailed arrangements<br />
as described in the Facility Administration Manual (FAM). Any update of the FAM will become<br />
effective only after approval of such change by Viet Nam and ADB. In the event of any<br />
discrepancy between the FAM and the loan agreements, the provisions of the loan agreements<br />
will prevail.<br />
B. Procurement and Consulting Services<br />
33. Viet Nam will ensure that procurement of goods, works and services financed by ADB<br />
from the MFF will be procured in accordance with ADB's Procurement Guidelines (2010, as<br />
amended from time to time). The civil works contracts under the <strong>Investment</strong> Program will be<br />
procured using international and national competitive bidding procedures, depending on the size<br />
of the procurement. Some of the civil works packages will be procured as design and build<br />
contracts. Relevant sections of ADB’s anticorruption policy (1998, as amended to date) will be<br />
included in all bidding documents and contracts.<br />
34. Goods will be procured using international and national competitive bidding procedures,<br />
depending on the size of the procurement. For services, Viet Nam will engage consulting firms<br />
for project management support; construction supervision; detailed design to be completed by<br />
contractor; environmental supervision and management; and project performance monitoring.<br />
Viet Nam will ensure that all consulting services under ADB financing will be selected and<br />
engaged using the quality and cost-based selection method and a full technical proposal in<br />
accordance with ADB’s Guidelines on the Use of Consultants by Asian Development Bank and<br />
Its Borrowers (2010, as amended from time to time).<br />
C. Disbursement Arrangements<br />
35.. The individual loan proceeds will be disbursed, in accordance with ADB Loan<br />
Disbursement Handbook (2007, as amended from time to time) and the loan agreement. The<br />
proceeds will be either directly disbursed to civil works contractors and consultants engaged<br />
under the <strong>Investment</strong> Program or utilize imprest account and statement of expenses
procedures.<br />
D. Accounting, Auditing, and Reporting<br />
Appendix 3 19<br />
36.. HCMC PC through MAUR will maintain separate records and accounts by funding<br />
source for the <strong>Investment</strong> Program, and have such accounts and related financial statements<br />
audited annually by an independent auditor acceptable to ADB and in accordance with auditing<br />
standards acceptable to ADB. HCMC PC through MAUR will submit to ADB, within 6 months of<br />
the close of the fiscal year, certified copies of audited project accounts and financial statements<br />
and auditor's reports, all in English. The audit of such financial statements will include (i) an<br />
assessment of the adequacy of accounting and internal control systems with respect to project<br />
expenditures and other financial transactions, and (ii) an assessment of compliance with<br />
financial loan covenants and ADB requirements for project management.<br />
37.. HCMC PC through MAUR will report the progress of project implementation by<br />
submitting quarterly progress reports to ADB within 2 weeks of the quarter to which they relate.<br />
The form and content of the progress reports will be agreed with ADB and other cofinanciers<br />
during the project inception mission. HCMC PC through MAUR will monitor project<br />
implementation in accordance with the project implementation schedule, and will keep ADB and<br />
the cofinanciers informed of any significant deviations from the schedule. The quarterly reports<br />
will include summary information on basic data, utilization of funds, achievement of immediate<br />
development objectives, compliance with covenants, implementation progress, and major<br />
issues and problems. HCMC PC through MAUR to prepare the performance and monitoring<br />
reports to be submitted to ADB on a semiannual basis. ADB shall review quarterly and<br />
semiannual reports during its annual reviews. Within 3 months of the physical completion of the<br />
Project, HCMC PC through MAUR will submit to ADB a project completion report which will<br />
provide a detailed evaluation of the project design, costs, contractors’ and consultants’<br />
performance, social and economic impact, economic internal rate of return (EIRR), and such<br />
other details as may be requested by ADB. Within 3 months of the physical completion of the<br />
<strong>Investment</strong> Program, HCMC PC will submit to ADB an investment program completion report.<br />
E. Program Performance Monitoring and Evaluation<br />
38.. HCMC PC and ADB will agree on a set of indicators for evaluating the performance of<br />
the <strong>Investment</strong> Program in relation to its impacts, outcomes, outputs, and conditions to establish<br />
baseline indicators and values at least 2 months prior to commencement of civil works in project<br />
provinces. HCMC PC will collect the baseline data within 6 months of the date of the<br />
effectiveness of the first tranche, including among others (i) economic development and<br />
socioeconomic indicators, (ii) transport costs and times, (iii) transport charges, (iv) accident<br />
rates, (v) traffic levels, (vi) affected persons’ incomes, (vii) access to social services, (viii) jobs<br />
created in construction and maintenance, and (ix) incidence of sexually transmitted diseases. At<br />
the beginning of the implementation of the first project, HCMC PC will establish baseline and<br />
target values for the indicators. The indicators will be measured and compared with the baseline<br />
at inception, completion, and 3 years after completion of the first project. Where relevant,<br />
indicators will be disaggregated by gender and ethnicity. The supervision consultant services<br />
will include qualified consultants to help establish the monitoring and evaluation system, and<br />
train HCMC PC staff in its use. The main sources of data will include (i) secondary data from<br />
government sources, (ii) a household socioeconomic sample survey, and (iii) participatory rapid<br />
appraisal. HCMC PC will submit a report summarizing the key findings of monitoring at<br />
inception, completion, and 3 years after physical completion of the <strong>Investment</strong> Program to ADB.
20<br />
Appendix 3<br />
F. Program Review<br />
39.. Viet Nam and ADB will undertake regular annual reviews of each project to assess: (i)<br />
implementation status, (ii) design and construction standards, (iii) performance of consultants<br />
and contractors, (iv) project impacts, and (v) status of compliance with the covenants stipulated<br />
in the loan agreement. Viet Nam and ADB will jointly undertake an in-depth midterm review of<br />
each individual tranche to assess (i) implementation status, (ii) design and construction<br />
standards, (iii) performance of consultants and contractors, (iv) project impacts, (v) status of<br />
compliance with the covenants stipulated in the loan agreement, and (vi) the need for any<br />
changes in the project scope or schedule to achieve the project impact. The review will allow for<br />
any necessary midcourse corrections to ensure successful implementation and the achievement<br />
of objectives of the project. Viet Nam and ADB will conduct a similar midterm review of the<br />
<strong>Investment</strong> Program at the fifth year of the <strong>Investment</strong> Program to assess (i) implementation<br />
status, (ii) performance of consultants and contractors, (iii) program impacts, and (iv) status of<br />
compliance with the covenants stipulated in the Facility Agreement.
A. Requirements<br />
SCHEDULE 4<br />
SELECTION CRITERIA AND APPROVAL PROCESS FOR PROJECTS<br />
Appendix 4 21<br />
40. The following are the selection criteria for works to be financed under the <strong>Investment</strong><br />
Program:<br />
(i) The proposed works will be technically sound with a feasibility study and<br />
preliminary design prepared. The HCMC People’s Committee (HCMC PC) will<br />
ensure that the functional design of the works is prepared within the overall time<br />
frame agreed for the <strong>Investment</strong> Program and prior to the approval stage.<br />
(ii) The proposed works will be economically feasible and financially sustainable,<br />
and the estimated economic internal rate of return equal to or higher than 12%,<br />
based on the economic analysis to be conducted in accordance with ADB's<br />
Guidelines for the Economic Analysis of Projects (1997). The entire Project's<br />
financial internal rate of return will be higher than the weighted average cost of<br />
capital of the Project finance in accordance with ADB's Guideline for the<br />
Financial Analysis of Projects;<br />
(iii) HCMC PC through MAUR will have conducted environmental screening, in<br />
accordance with ADB's Safeguard Policy Statement of 2009 (SPS 2009), of each<br />
tranche. For each tranche, an environmental assessment report will be prepared,<br />
including an environmental management plan, in accordance with the<br />
environmental assessment and review framework and SPS 2009;<br />
(iv) The proposed works will be in line with the larger objectives of the <strong>Investment</strong><br />
Program and be socially sound and include measures to mitigate any possible<br />
negative social impacts. For the mainline, an initial poverty and social<br />
assessment will be conducted in accordance with ADB's Guidelines on Initial<br />
Poverty and Social Assessment.<br />
(v) HCMC PC through MAUR will have conducted social safeguards screening for<br />
works component in accordance with the agreed Resettlement Framework. For<br />
each component or section of the mainline where there will be resettlement<br />
impacts, a resettlement plan will be prepared in accordance with the agreed<br />
Resettlement Framework and ADB Safeguard Policy Statement.<br />
(vi) All necessary approval by the central government and the local governments in<br />
the project area will be obtained.<br />
(vii) Sufficient Viet Nam’s counterpart funding will be allocated to all loans to complete<br />
implementation of the entire <strong>Investment</strong> Program.<br />
B. Procedures<br />
41. Each works will be prepared and processed in accordance with the following<br />
procedures:<br />
(i) Functional design will be conducted by consultants engaged by MAUR.<br />
(ii) Project preparatory technical assistance (PPTA) consultants will assist MAUR to<br />
complete checklists for initial poverty and social assessment, involuntary<br />
resettlement, indigenous peoples, and environmental screening. These<br />
documents will be sent for review to ADB through HCMC PC, which may require
22<br />
Appendix 4<br />
revisions.<br />
(iii) Upon completion of the functional design and PPTA analysis, MAUR will prepare<br />
and submit to ADB a summary appraisal report for the works, together with the<br />
required attachments, including resettlement plan, environmental assessment,<br />
and summary poverty reduction and social analysis.<br />
(iv) MAUR will disclose the RP to the displaced persons before submitting it to ADB<br />
for review and concurrence.<br />
(v) Depending on the environmental categorization, MAUR will prepare and submit<br />
to ADB for review the required environmental assessment report. The final<br />
environmental assessment report will be submitted/endorsed by HCMC PC to<br />
ADB for public disclosure on ADB’s website.<br />
(vi) For each tranche classified by ADB as environment category A, MAUR will<br />
submit to ADB a draft full environmental impact assessment (EIA) in a timely<br />
manner to permit disclosure on ADB website 120 days before approval of the<br />
PFR.<br />
(vii) ADB will review the summary appraisal reports, together with the required<br />
attachments. If it finds that the road section does not satisfy eligibility criteria and<br />
procedures, or does not comply with ADB's policies, ADB may advise MAUR to<br />
make the necessary modification. MAUR will prepare and submit the appraisal<br />
reports to ADB.<br />
42. Based on ADB's approval and subject to any modification, and remedial measures<br />
required by ADB, MAUR will implement the project. MAUR will ensure that ADB has access to<br />
all documents related to the proposals and approval process. These documents should be kept<br />
for 5 years after approval.
SCHEDULE 5<br />
SOCIAL DIMENSIONS AND SAFEGUARD REQUIREMENTS<br />
Appendix 5 23<br />
43. The Socialist Republic of Viet Nam and ADB will ensure that all the requirements<br />
prescribed in this Schedule, and the following safeguard frameworks and plans that have been<br />
prepared with respect to the Facility and the first tranche and of which ADB has been provided<br />
full copies, and which are deemed incorporated herein by reference, are complied with during<br />
the processing and implementation of the <strong>Investment</strong> Program:<br />
(i) Environmental Assessment and Review Framework (EARF), dated August 2010;<br />
(ii) Initial Environmental Evaluation for Loan 1, dated August 2010;<br />
(iii) Resettlement Framework (RF), dated 8 July 2010;<br />
(iv) Resettlement Corrective Action Plan, dated 13 July 2010;<br />
(v) Gender Action Plan, dated September 2010<br />
44. The frameworks cover the Facility-specific information and requirements in accordance<br />
with ADB’s safeguard policies: (i) the general anticipated impacts of the components or projects<br />
likely to be financed under the Facility on the environment and involuntary resettlement; (ii) the<br />
requirements and procedures that will be followed for screening and categorization, impact<br />
assessments, development of management plans, public consultation and information<br />
disclosure (including the 120-day disclosure rule, if required), and monitoring and reporting; and<br />
(iii) the institutional arrangements (including budget and capacity requirements) and the HCMC<br />
PC’s and ADB’s responsibilities and authorities for the preparation, review and clearance of<br />
safeguard documents.<br />
45. In all cases, for each new PFR preparation, Viet Nam through HCMC PC will review<br />
ongoing projects to check on the status of compliance with the safeguard frameworks and<br />
corrective action plan, and submit the review reports to ADB, together with other required<br />
safeguard documents relevant to components included in the tranche being processed. In any<br />
case if major noncompliance is discovered in the course of the review of ongoing projects, a<br />
corrective action plan will be prepared and submitted to ADB.<br />
A. Environment<br />
46. Viet Nam through HCMC PC will ensure that the design, construction, operation, and<br />
maintenance of the facilities under the Program are carried out in accordance with ADB’s<br />
Safeguard Policy Statement (2009), ADB's Public Communications Policy (2005), the<br />
Government’s environmental laws and regulations. MAUR shall ensure the construction and<br />
operation of the Program shall comply with the environmental management plan (EMP) included<br />
in ADB-approved IEE prepared for Tranche 1 as well as the EMP included in the environmental<br />
assessment document to be prepared for subsequent tranches. If there is any discrepancy<br />
between Viet Nam ’s laws and regulations, and ADB’s policies, ADB’s policies will prevail. Viet<br />
Nam through the HCMC People’s Committee (MAUR) will ensure that potential adverse<br />
environmental impacts arising from the Program are minimized by implementing all mitigation<br />
and monitoring measures as presented in the environment management plan (EMP) included in<br />
the environmental assessment documents (IEE/EIA) approved by ADB for each tranche.<br />
47. MAUR shall ensure that all components of the Program to be funded by Viet Nam and<br />
the other financiers shall adopt the provisions of the IEE, EIA and EMP and shall be in<br />
compliance with ADB's SPS 2009.
24<br />
Appendix 5<br />
48. MAUR shall ensure that environmental approvals required by Viet Nam , such as those<br />
from the Ministry of Natural Resources and Environment and other relevant agencies, are<br />
obtained on a timely manner. Copies of such approvals shall be submitted to ADB upon<br />
issuance.<br />
49. MAUR will ensure timely and satisfactory implementation of EMP provisions. MAUR<br />
shall ensure that all bidding documents and civil works contracts include the EMP and shall<br />
ensure compliance of contractors to the provisions of the EMP.<br />
50. The environmental assessment of Tranche 2 and subsequent tranches as well as<br />
projects, components and subprojects to be prepared after MFF approval shall be conducted<br />
consistent with ADB's SPS 2009 and the environmental assessment and review framework<br />
(EARF) agreed between MAUR and ADB.<br />
51. MAUR shall adequately supervise the construction works carried out by contractors to<br />
ensure compliance with the monitoring and mitigation measures set forth in the EMP. MAUR<br />
shall ensure that consultants engaged for construction supervision monitor closely the<br />
compliance by the contractors with the EMP. Semi-annual reports on implementation of the<br />
EMP will be submitted by MAUR to ADB on a timely basis.<br />
52. Prior to commencement of site works, MAUR shall establish an environmental grievance<br />
redress mechanism, acceptable to ADB, to receive and facilitate resolution of affected peoples'<br />
concerns, complaints, and grievances about the Project's environmental performance. MAUR<br />
shall make public the existence of this grievance redress mechanism through public awareness<br />
campaigns; review and address environmental grievances of stakeholders in relation to the<br />
Program, any of the service providers, or any person responsible for carrying out any aspect of<br />
the Program; and proactively and constructively respond to such grievances.<br />
53. For Tranche 2 as well as any subsequent tranches or components likely to have<br />
significant environmental impacts (Category A), MAUR shall engage and retain qualified and<br />
experienced external expert(s) to review and verify the environmental monitoring information<br />
provided by MAUR to ADB with regard to EMP implementation. Such expert shall not be<br />
involved in day-to-day project implementation or supervision nor an employee of any firm which<br />
has been contracted for the construction phase of the Project. The external expert shall<br />
undertake monitoring annually and shall submit corresponding report to HCMC PC and ADB.<br />
B. Involuntary Resettlement<br />
54. Viet Nam will ensure that the entire Program is carried out in accordance with Viet<br />
Nam’s applicable laws and regulations, ADB’s Safeguard Policy Statement (2009), and the<br />
agreed Resettlement Framework (RF). In case of discrepancies between Viet Nam ’s laws,<br />
regulations, and procedures, and ADB’s policies, ADB policies will prevail.<br />
55. MAUR will ensure that the preparation of the resettlement plan for the mainline will be in<br />
accordance with the agreed RF. Following detailed design, the RP will be prepared through the<br />
conduct of census and detailed measurement survey (DMS) to determine the actual impacts on<br />
land and assets of each household. Consultation and disclosure activities will be undertaken. A<br />
qualified appraiser will be engaged to carry out replacement cost survey for land and non-land<br />
assets. The RP will be submitted to ADB for review and concurrence. Land acquisition,
Appendix 5 25<br />
relocation of affected households, and clearance of land will not commence until the RP has<br />
been agreed between ADB and MAUR and the provisions in the agreed RF have been<br />
implemented satisfactorily.<br />
56. MAUR will only issue Notice-to-Proceed to the civil works contract to commence<br />
construction activities for a specific section once the head of the District Compensation Board<br />
has officially confirmed in writing that (i) payment has been fully disbursed to the displaced<br />
persons and rehabilitation measures are in place for that specific section as per RP agreed<br />
between MAUR and ADB; (ii) already compensated DPs for that specific section have been<br />
cleared the area in a timely manner; and (iii) that the specific section is free from any<br />
encumbrances.<br />
57. MAUR is responsible for disclosing and disseminating the RP (draft and final) as<br />
required in the relevant laws of Viet Nam and ADB Safeguard Policy Statement. Copies of the<br />
resettlement external monitoring reports on RP implementation will be made available to MAUR<br />
office and affected wards.<br />
58. MAUR will ensure that the agreed resettlement corrective action plan for the depot<br />
priority area for Tranche 1 between MAUR and ADB will implemented.<br />
59. MAUR will carry out resettlement due diligence for the remaining depot area and will<br />
submit to ADB a Corrective Action Plan if there are any outstanding issues. The Corrective<br />
Action Plan may include additional compensation, assistance in cash or in kind, and<br />
supplementary interventions such as income restoration programs to already-compensated<br />
households. These activities will be done in parallel with the preparation of the RP and planning<br />
of income restoration measures.<br />
60. MAUR shall adequately supervise RP implementation and the construction works carried<br />
out by contractors to ensure compliance with the monitoring and mitigation measures set forth in<br />
the RF and RP. Quarterly reports on implementation of the RP will be submitted by MAUR to<br />
ADB on a timely basis.<br />
C. Social Dimensions<br />
61. MAUR will ensure that all Works contracts under the Project incorporate provisions and<br />
budgets to the effect that contractors: (a) comply with the Viet Nam’s applicable labor laws and<br />
related international treaty obligations and do not employ child labor; (b) provide equal wages to<br />
male and female workers for work of equal value; and (c) carry out the HIV/AIDs and Human<br />
Trafficking Prevention Program in the construction campsites.<br />
62. MAUR will implement the agreed Gender Action Plan (GAP) developed for the Project to<br />
ensure the effectiveness of gender mainstreaming. The GAP will include but not be limited to:<br />
(1) use of employment targets for women and gender-specific core labor standards as part of all<br />
civil works and other transport services employment generation; (2) consideration of genderinclusive<br />
physical design features in new transport infrastructure and sustainable transport<br />
measures; (3) targets for women’s participation and inclusion of gender-related content in<br />
capacity building activities; (4) reference to gender in TORs for consulting services, research<br />
and plans developed under the project; and (5) mitigating gender-related impacts of<br />
resettlement, and increased risks of human trafficking and HIV/AIDS.
26 Appendix 6<br />
SCHEDULE 6<br />
UNDERTAKINGS<br />
63. Viet Nam will, and will cause HCMC PC to; (i) ensure timely implementation of the<br />
<strong>Investment</strong> Program, including executing the implementation arrangements set out in Schedule<br />
3 to this FFA and monitoring and evaluating implementation based on the Design and<br />
Monitoring Framework set out in Schedule 2 to this FFA; (ii) ensure that all projects financed<br />
under the Facility are selected and approved in accordance with the criteria and procedure set<br />
out in Schedule 4 to this FFA; and (iii) ensure all projects financed under the Facility are<br />
developed, implemented and maintained in accordance with the safeguard requirements set out<br />
in Schedule 5 to this FFA.<br />
64. HCMC PC will comply with ADB’s relevant policies and procedures, including those on<br />
procurement, disbursement, safeguards, social dimensions, gender, governance, and<br />
anticorruption measures, in the preparation and implementation of investments. Breach of<br />
undertakings will trigger ADB’s right to hold back financing, and to suspend or terminate the<br />
Facility.<br />
A. Budget Resources<br />
65. HCMC PC will ensure that funding is available for regular maintenance and<br />
implementation, as required, of the MRT constructed under the <strong>Investment</strong> Program.<br />
Furthermore, HCMC PC will ensure that annual operational and maintenance plans are<br />
prepared for the MRT2 on the basis of the agreed-upon maintenance standards, passenger<br />
volumes, and assessment of needs.<br />
66. Viet Nam will ensure that HCMC PC makes available all counterpart funds required for<br />
timely and effective implementation of the <strong>Investment</strong> Program, and will ensure that necessary<br />
resources thus required are released in a timely manner.<br />
B. Construction<br />
67. Viet Nam through HCMC PC will ensure that the Program is carried out in accordance<br />
with the applicable technical specifications and design, and that the construction supervision,<br />
quality control, and project management of the Program are performed in accordance with<br />
applicable standards and best international practices. Viet Nam will ensure that the works<br />
improved under the Program are maintained in accordance with applicable standards and best<br />
international practices.<br />
68. HCMC PC will ensure that civil works contracts will include appropriate clauses requiring<br />
contractors to allow their workers to attend planned campaigns on HIV/AIDS and human<br />
trafficking prevention during construction and will maintain adequate sanitation and working<br />
conditions.<br />
C. <strong>Urban</strong> Transport Sector Policies<br />
69. HCMC PC will submit quarterly project progress reports and progress reports to ADB<br />
periodically on the <strong>Urban</strong> Transport Sector Policies (UTSP) and consult with ADB on further<br />
urban transport sector policy measures, if and when available.<br />
70. Viet Nam will keep ADB informed of key transport sector and urban transport subsector
Appendix 6 27<br />
studies undertaken in Viet Nam and, on request, will provide ADB with copies of all available<br />
documents relevant to such studies, including consultants’ reports, and will ensure that ADB has<br />
the opportunity to comment on the recommendations contained therein prior to the finalization of<br />
the reports.<br />
71. HCMC PC and their concerned agencies will participate in the Integrated Sustainable<br />
<strong>Urban</strong> Transport study, and coordinate, review and consolidate government responses to<br />
options and recommendations made by the consultant. Upon completion of the report, the<br />
HCMC PC will undertake the necessary actions to implement the measures and process any<br />
regulatory or policy reforms agreed<br />
D. Governance<br />
72. Viet Nam will comply with, and will ensure that HCMC PC complies with, ADB’s<br />
Anticorruption Policy (1998, as amended to date). Viet Nam, consistent with its commitment to<br />
good governance, accountability and transparency, agrees (a) that ADB has the right to<br />
investigate, directly or through its agents, any alleged corrupt, fraudulent, collusive or coercive<br />
practices relating to the Program; and (b) to cooperate fully with any such investigation and to<br />
extend all necessary assistance, including providing access to all relevant books and records,<br />
as may be necessary for the satisfactory completion of any such investigation. In addition, Viet<br />
Nam will (a) conduct periodic inspections on the contractors’ activities related to fund<br />
withdrawals and settlements; (b) ensure that all contracts financed by ADB in connection with<br />
the Program include provisions specifying the right of ADB to audit and examine the records<br />
and accounts of all contractors, suppliers, consultants, and other service providers as they<br />
relate to the Program; and (c) the construction supervision consultant shall verify the<br />
contractors’ payment certificates in accordance with working drawings and contract<br />
specifications. Individuals and/or entities on ADB’s anticorruption debarment list are ineligible to<br />
participate in ADB-financed activities and may not be awarded any contracts under the project.<br />
To support these efforts, relevant provisions are included in the loan agreement and the bidding<br />
documents for the investment program.<br />
73. Viet Nam will ensure that for civil works, a grievance redress mechanism is developed<br />
so that complaints, grievances and/or reports from stakeholders on misuse of funds and other<br />
irregularities are received and resolved quickly. The HCMC PC will (a) make public the<br />
existence of this grievance redress mechanism through a public awareness campaign in every<br />
area where project funds are used; (b) review and address grievances of stakeholders in<br />
relation to the Project, any of the service providers, or any person responsible for carrying out<br />
any aspect of the Project; (c) proactively and constructively respond to them; and (d) provide<br />
easy access for beneficiaries to contact numbers for complaints and where to secure more<br />
information.<br />
E. Project Performance Monitoring and Evaluation<br />
74. HCMC PC will ensure the implementation of a systematic Project performance<br />
monitoring and evaluation system for use throughout the Project period, and thereafter as<br />
needed, that indicates: (i) the effectiveness of Project implementation activities, including (a) the<br />
precise nature, timeliness, cost and quality of physical infrastructure implemented in the Project,<br />
(b) the integrity of resettlement and related programs, and (c) the extent to which the HIV<br />
Program is implemented as planned, and their impacts; and (ii) the effectiveness of the Project<br />
with regard to its anticipated effect on economic and social development relative to the baseline<br />
prior to its implementation as indicated by at least the following indicators: (a) public transport<br />
modal share, (b) daily loadings of <strong>Line</strong> 2, (c) average travel time along project corridor, (d)<br />
capacity of non-MRT public transport in project districts, and (e) number of traffic accidents in
28 Appendix 6<br />
project area. Viet Nam will ensure that baseline data is collected within 6 months of the<br />
Effective Date, with a second survey to be conducted upon Project completion and a third<br />
survey to be conducted 3 years after Project completion to establish Project impact.<br />
F. Reporting<br />
75. HCMC PC, through MAUR, will: (i) collect and consolidate all Project progress reports,<br />
site reports, technical and financial reports and submit them to ADB; (ii) review and submit<br />
quarterly progress reports, a baseline Project evaluation report and an overall Project<br />
completion report; and (iii) review and submit other reports as may be reasonably requested by<br />
ADB. Quarterly reports will include updated implementation, financial and procurement-related<br />
information. Quarterly reports shall be submitted to ADB within 30 days of the end of each<br />
quarter.<br />
76. Within 6 months of Project completion, HCMC PC, through MAUR, will submit to ADB, a<br />
Project completion report providing a detailed evaluation of Project design, costs, performance<br />
of Project consultants, and contractors, the performance indicators described above, social and<br />
environmental impacts, economic and financial assessments, and such other information as<br />
may be requested by ADB.
Date:<br />
To: Asian Development Bank<br />
6 ADB Avenue<br />
Mandaluyong <strong>City</strong>, Metro Manila<br />
PERIODIC FINANCING REQUEST<br />
ATTENTION: Director General, South East Asia Department<br />
Fax No. +632 636-2015<br />
Sir/Madam:<br />
RE: VIE-<strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Urban</strong> <strong>Mass</strong> <strong>Rapid</strong> <strong>Transit</strong> <strong>Line</strong> 2<br />
<strong>Investment</strong> Program:<br />
Periodic Financing Request # 1<br />
Please refer to the Framework Financing Agreement (FFA) for <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Urban</strong> <strong>Mass</strong><br />
<strong>Rapid</strong> <strong>Transit</strong> <strong>Line</strong> 2 <strong>Investment</strong> Program dated [ ] between Asian Development Bank<br />
(ADB) and the Socialist Republic of Viet Nam. Expressions defined in the FFA shall have the<br />
same meanings herein.<br />
Pursuant to the provisions of the FFA, the Socialist Republic of Viet Nam (Viet Nam) requests<br />
ADB to process this Periodic Financing Request (PFR) for a tranche, in the form of a loan from<br />
its ordinary capital resources. The proposed financing amounts, terms, conditions, and financing<br />
plan are specified in Annex A hereto. Descriptions of the project for which financing is hereby<br />
requested are set out in Annex B to D hereto.<br />
By: SOCIALIST REPUBLIC OF VIET NAM<br />
[Signature of Authorized Representative]<br />
[Full Name and Title of Authorized Representative]
Annex A<br />
Project Description Under the <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Urban</strong> <strong>Mass</strong> <strong>Rapid</strong> <strong>Transit</strong> <strong>Line</strong> 2 <strong>Investment</strong><br />
Program (<strong>Investment</strong> Program), the following two components are<br />
proposed for financing under this periodic financing request (PFR):<br />
Cost Estimates and<br />
Financing Plan<br />
Loan Amount and<br />
Terms<br />
Period of Loan<br />
Utilization<br />
Advance Contracting Not required.<br />
Retroactive Financing Not required<br />
(i) <strong>Mass</strong> <strong>Rapid</strong> <strong>Transit</strong> (MRT) <strong>Line</strong> 2 System Development.<br />
Depot works to include site preparation works and construction of<br />
initial buildings at Tham Luong depot site; and remaining depot<br />
infrastructure works.<br />
(ii) MRT Implementation Support. Consulting services for<br />
Management Authority for <strong>Urban</strong> Railways (MAUR) and other<br />
HCMC People’s Committee (HCMC PC) transport agencies to<br />
assist with implementation:.<br />
a. Project Management and Implementation support for<br />
compliance with financier requirements, MRT<br />
management, operations and maintenance, and public<br />
transport management,<br />
b. Social Development and Gender Mainstreaming Program<br />
(SDGMP) to address key social development, gender and<br />
public awareness issues,<br />
c. Integrated Sustainable <strong>Urban</strong> Transport (ISUT) study for<br />
(i) demand forecasting, integrated fares and ticketing, (ii)<br />
bus restructuring and intermodal facilities, and (iii)<br />
sustainable transport policy.<br />
The design and monitoring framework for this tranche is in Annex B.<br />
The total cost, including taxes, duties, physical and price contingencies,<br />
interest and other charges, is estimated at $104.3 million. The detailed<br />
cost estimates by financiers and financing plan are in Annex C.<br />
The request is for a loan of $40 million equivalent from the ordinary<br />
capital resources of the Asian Development Bank (ADB) provided under<br />
ADB’s London interbank offered rate (LIBOR)-based lending facility, with<br />
a 20 year term including a grace period of 6 years, an interest rate<br />
determined in accordance with ADB’s LIBOR-based lending facility, and<br />
such other terms and conditions as agreed in the FFA, and further<br />
supplemented under the Loan and Project Agreements.<br />
The physical implementation is expected to be completed by 31<br />
December 2016. No disbursements from the loan account will be<br />
requested or made later than 30 June 2017.
Implementation<br />
Arrangements<br />
Procurement and<br />
Consulting Services<br />
Confirmation of<br />
Continuing Validity of<br />
and Adherence to<br />
Provisions of FFA,<br />
Previous<br />
Agreements, and the<br />
Design and<br />
Monitoring<br />
Framework<br />
Readiness of the<br />
Project for<br />
Implementation<br />
The Executing Agency will be the HCMC People’s Committee (HCMC<br />
PC) and the main Implementing Agency (IA) will be the Management<br />
Authority for <strong>Urban</strong> Railways (MAUR). The Department of Transport will<br />
be the IA for the ISUT.<br />
A project management unit (PMU) for MRT2 has been established by<br />
MAUR under the responsible Vice Chairman that will be responsible for<br />
the day to day management and coordination of implementation.<br />
Viet Nam will ensure that procurement of goods, works and services<br />
financed under Loan 1 be procured in accordance with ADB's<br />
Procurement Guidelines (2010, as amended from time to time). The<br />
Government will ensure that all consulting services will be selected and<br />
engaged using the quality and cost-based selection method and a full<br />
technical proposal in accordance with ADB’s Guidelines on the Use of<br />
Consultants by Asian Development Bank and Its Borrowers (2010, as<br />
amended from time to time).<br />
The procurement plan (including civil works, goods and services) is in<br />
Annex D.<br />
Viet Nam confirms that the understandings set out in the FFA have been<br />
adhered.<br />
� Preparatory works, including advance action for procurement of civil<br />
works and recruitment of consultants, are ongoing.<br />
� The functional design consultant is being recruited by MAUR and<br />
functional design will be completed by June 2011.<br />
� Resettlement Framework and Resettlement Corrective Action Plan for<br />
the depot-priority area have been prepared.<br />
� Counterpart funding is available.<br />
Safeguards The environmental assessment and review framework, the Initial<br />
Environmental Evaluation for Loan 1, the Resettlement Framework and<br />
Resettlement Corrective Action Plan for the depot-priority area are<br />
incorporated by reference in the FFA.
Design Summary<br />
Impact<br />
Competitive MRT2<br />
services along the<br />
project corridor<br />
Outcome<br />
Effective support for<br />
implementation of<br />
MRT2 infrastructure<br />
Outputs<br />
1. Construction of<br />
initial site works<br />
and office facilities<br />
at depot<br />
2 Provision of<br />
implementation<br />
Support Program<br />
DESIGN AND MONITORING FRAMEWORK<br />
Performance Targets<br />
and Indicators<br />
173,800 daily loadings<br />
and 8,500 per direction<br />
peak loading on MRT2<br />
by 2018<br />
Reduced weighted<br />
average travel time<br />
along MRT2 corridor by<br />
20% from 2010 level by<br />
2018<br />
Non-MRT public<br />
transport capacity<br />
increased by 100% in<br />
project districts by 2018<br />
from 2010 level<br />
Number of traffic<br />
accidents down from<br />
trend by 30% by 2018<br />
from 2010 level<br />
MAUR project staff<br />
meet necessary skills<br />
level standards by 2015<br />
Social and gender<br />
issues incorporated in<br />
MRT2 features in all<br />
districts by end 2014<br />
Sustainable transport<br />
measures incorporated<br />
into MRT2 detailed<br />
design by 2013 and<br />
polices implemented as<br />
agreed<br />
All initial site works and<br />
office buildings in Tham<br />
Luong depot area<br />
constructed by end<br />
2013.<br />
Phase 1 and Phase 2<br />
support program for at<br />
least 100 MAUR or EA<br />
Data Sources and<br />
Reporting Mechanisms<br />
Government and public<br />
transport operator<br />
statistics<br />
Government traffic surveys<br />
and accident and hospital<br />
records<br />
Independent public opinion<br />
survey<br />
Benefit monitoring reports<br />
Monitoring reports from<br />
CTF-funded project<br />
� Independent training<br />
evaluation reports<br />
� Benefit Monitoring and<br />
technical assistance<br />
reports<br />
� Monitoring reports<br />
from CTF funded<br />
project<br />
� Progress Reports<br />
� Project Review<br />
Mission Reports<br />
� Project Completion<br />
Reports<br />
� Training assessment<br />
reports<br />
Annex B<br />
Assumptions<br />
and Risks<br />
Assumptions<br />
Government resources are<br />
allocated for MRT2 O&M<br />
Sustainable transport<br />
initiatives implemented and<br />
acceptance of public<br />
transport modes.<br />
Risks<br />
Policy and regulatory<br />
reforms to support modal<br />
shift not enacted in a timely<br />
way<br />
Integrated services not<br />
planned, implemented, or<br />
operated efficiently<br />
Public transport services not<br />
financially sustainable<br />
Assumptions<br />
� Public acceptance of<br />
HCMC transport<br />
masterplan modal shift<br />
objectives<br />
Risks<br />
� Integrated services are not<br />
planned, implemented and<br />
operated efficiently.<br />
Assumptions<br />
� Timely completion of<br />
detailed design of initial<br />
works<br />
� Government demonstrates<br />
leadership to coordinate<br />
various stakeholders<br />
� Participation of relevant<br />
government agencies in<br />
programs. and study
Design Summary<br />
3 Provision of social<br />
development and<br />
gender<br />
mainstreaming<br />
program<br />
4 Completed<br />
integrated<br />
sustainable urban<br />
transport study<br />
Performance Targets<br />
and Indicators<br />
agency staff in project<br />
management and<br />
implementation<br />
completed by<br />
December 2012 and<br />
December 2014<br />
respectively, including<br />
all women staff.<br />
Approval of program by<br />
April 2012 and<br />
implementation of<br />
measures by December<br />
2014, including gender<br />
action plan targets<br />
Agreed milestones for<br />
transport policy<br />
measures by July 2012<br />
Integrated sustainable<br />
urban transport final<br />
report accepted by<br />
October 2013<br />
Data Sources and<br />
Reporting Mechanisms<br />
Activities with Milestones Inputs<br />
1 Implementation of civil works – contracts awarded by December 2011 and<br />
completed by June 2013<br />
2.1 Functional design – consultants mobilized by May 2011 and design<br />
approved by December 2011<br />
2.2 Project management and implementation support – consultants mobilized<br />
by October 2011, support programs designed by June 2012 and completed<br />
by December 2014.<br />
3 Social development and gender mainstreaming program – consultants<br />
mobilized by January 2012 and measures designed and completed by June<br />
2014<br />
4 Integrated sustainable urban transport study – consultants mobilized by<br />
October 2011, CTF measures component completed by March 2012 and<br />
development and completion of MRT2 and CTF interface integration<br />
measures at all stations by December 2015.<br />
Assumptions<br />
and Risks<br />
Risks<br />
� Social and gender<br />
initiatives given low priority<br />
due to higher costs<br />
� Inability of staff to address<br />
problems arising due<br />
limited experience of<br />
implementing large<br />
complex project; operating<br />
the MRT system; and<br />
integrating of urban<br />
transport modes.<br />
� ADB: $40 mil OCR<br />
� Civil works: $22.7 mil<br />
� Support services: $8.1<br />
mil<br />
� SDGMP: $0.4mil<br />
� ISUT: $3.6 mil<br />
� Other: $5.2 mil<br />
� Government: $27.9 mil<br />
� Civil Works: $2.3 mil<br />
� E&M systems: $2.3mil<br />
� Consulting services:<br />
$2.1 mil<br />
� ISUT: $0.3 mil<br />
� Incremental<br />
administration: $1.0 mil<br />
� Other: $19.9mil<br />
� KfW: $36.4 mil<br />
� E&M systems: $23.4mil<br />
� Consulting services:<br />
$13.0mil<br />
ADB = Asian Development Bank, CTF = Clean Technology Fund, EIB = European <strong>Investment</strong> Bank, E&M = electrical<br />
and mechanical, GHG = greenhouse gas, HCMC = <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong>, ISUT = Integrated Sustainable <strong>Urban</strong><br />
Transport, KfW = Kreditanstalt für Wiederaufbau, km = kilometer, MAUR = Management Authority for <strong>Urban</strong><br />
Railways, MRT2 = <strong>Mass</strong> <strong>Rapid</strong> <strong>Transit</strong> <strong>Line</strong> 2, O&M = Operation and Maintenance, OCR = Ordinary capital resources<br />
Source: ADB staff, PPTA Consultant
Annex C<br />
DETAILED COST ESTIMATE BY FINANCIER a<br />
($ million)<br />
Item ADB KfW Government Total<br />
A. Base Cost b<br />
1. MRT System Development<br />
Civil works 22.7 0.0 2.3 25.0<br />
E&M systems 0.0 23.4 2.3 25.7<br />
Consulting Services 0.0 13.0 1.3 14.3<br />
2. MRT Implementation Support<br />
Consulting Services 8.1 0.0 0.8 8.9<br />
Social Development and Gender<br />
Mainstreaming Program<br />
0.4<br />
0.0 0.0 0.4<br />
Integrated Sustainable <strong>Urban</strong> Transport c 3.6 0.0 0.3 3.9<br />
Incremental administration 0.0 0.0 1.0 1.0<br />
Total Base Cost 34.8 36.4 8.0 79.2<br />
Physical and Price Contingencies d 0.0 0.0 16.9 16.9<br />
Financing Charges During Implementation e 5.2 0.0 3.0 8.2<br />
Total 40.0 36.4 27.9 104.3<br />
a<br />
in 2009 prices<br />
b<br />
Includes taxes and duties of $7.1million for Project 1, financed by the government<br />
c<br />
Study to determine investments for a proposed $60 million loan in 2012, with $10 million ADB and $50 million Clean<br />
Technology Fund financing<br />
d<br />
Physical contingencies computed at 10% of civil works & equipment, 5% of pre-investment stage cost. Price<br />
contingencies are computed at 0.7-1.2% on foreign exchange costs, and 5.0-7.0% on local currency costs..<br />
e<br />
Includes interest during construction and commitment charges<br />
Source: Asian Development Bank
PROCUREMENT PLAN<br />
Annex D<br />
Basic Data<br />
Project Name: <strong>Ho</strong> <strong>Chi</strong> <strong>Minh</strong> <strong>City</strong> <strong>Urban</strong> <strong>Mass</strong> <strong>Rapid</strong> <strong>Transit</strong> <strong>Line</strong> 2 <strong>Investment</strong> Program<br />
Country: Viet Nam Executing Agency: HCMC Peoples Committee<br />
(HCMC PC).<br />
Loan Amount: $40 million Loan (Grant) Number: TBD<br />
Date of First Procurement Plan: 5 November 2010 Date of this Procurement Plan: t.b.d.<br />
A. Process Thresholds, Review and 18-Month Procurement Plan<br />
1. Project Procurement Thresholds<br />
1. Except as the Asian Development Bank (ADB) may otherwise agree, the following<br />
process thresholds shall apply to procurement of goods and works.<br />
Procurement of Goods and Works<br />
Method Threshold<br />
International Competitive Bidding (ICB) for Works Above $3,000,000<br />
National Competitive Bidding (NCB) for Works Beneath that stated for ICB, Works<br />
Shopping for Goods Below $100,000<br />
2. ADB Prior or Post Review<br />
2. Except as ADB may otherwise agree, the following prior or post review requirements<br />
apply to the various procurement and consultant recruitment methods used for the project.<br />
Procurement Method Prior or Post Comments<br />
Procurement of Goods and Works<br />
ICB Works Prior<br />
NCB Works Prior For first contract only,<br />
subsequent contracts<br />
require post review<br />
Shopping for Goods Post<br />
Recruitment of Consulting Firms<br />
Quality- and Cost-Based Selection (QCBS) Prior
3. Goods and Works Contracts Estimated to Cost More Than $1 Million<br />
3. The following table lists goods and works contracts for which procurement activity is<br />
either ongoing or expected to commence within the next 18 months.<br />
General Description<br />
CW1:<br />
Initial Depot Works<br />
Contract<br />
Advertisement<br />
Value Procurement Prequalification Date<br />
($ million) Method of Bidders (y/n) (quarter/year) Comments<br />
7.7 ICB N Q2/2011<br />
4. Consulting Services Contracts Estimated to Cost More Than $100,000<br />
4. The following table lists consulting services contracts for which procurement activity is<br />
either ongoing or expected to commence within the next 18 months.<br />
Contract<br />
Value<br />
General Description<br />
a<br />
Recruitment<br />
Advertisement<br />
Date<br />
International<br />
or National<br />
($ million) Method (quarter/year) Assignment Comments<br />
CS-1:<br />
Project Management and<br />
Implementation support<br />
to MAUR<br />
8.9 QCBS, 80:20 Q1/2011 International<br />
CS-3:<br />
Social Development and<br />
Gender Mainstreaming<br />
Program<br />
0.4 QCBS, 80:20 Q2/2011 International<br />
CS-4:<br />
Integrated Sustainable<br />
<strong>Urban</strong> Transport<br />
3.9 QCBS, 80:20 Q1/2011 International<br />
Total 13.2<br />
a Contract amount includes taxes and duties, to be financed by Borrower<br />
B. Indicative List of Packages<br />
5. The following table provides an indicative list of all procurement (goods, works and<br />
consulting services) over the life of the project. Contracts financed by the Borrower and others<br />
should also be indicated, with an appropriate notation in the comments section.<br />
General Description<br />
CS-2:<br />
Functional Design<br />
Estimated<br />
Value 1<br />
(cumulative)<br />
$ million<br />
13.0<br />
Estimated<br />
Number of<br />
Contracts<br />
Recruitment<br />
Method 2<br />
1 KfW<br />
procedures<br />
Type of<br />
Proposal Comments<br />
Full KfW<br />
Financed<br />
1<br />
Contract amount of Package CS-2 is based on KfW funding of €10.0 million.<br />
2<br />
Actual procurement method to be used by Kreditanstalt für Wiederaufbau (KfW) for consulting services contracts<br />
to be consistent with their procurement guidelines.
National Competitive Bidding<br />
1. General<br />
6. The laws to be followed for national competitive bidding shall be those set forth in the<br />
Law on Procurement No. 61/2005/QH11 of 29 November 2005 and the Construction Law no.<br />
16/2003/QH11 of 26 November 2003 and with the processes described in Decree No.<br />
111/20006/DD-CP of 29 September 2006, and revised decree issued in 2009, with the<br />
clarifications and modifications described in the following paragraphs required for compliance<br />
with the provisions of the Procurement Guidelines.<br />
2. Registration<br />
(i) Bidding shall not be restricted to pre-registered firms and such registration shall<br />
not be a condition for participation in the bidding process.<br />
(ii) Where registration is required prior to award of contract, bidders: (i) shall be<br />
allowed a reasonable time to complete the registration process; and (ii) shall not<br />
be denied registration for reasons unrelated to their capability and resources to<br />
successfully perform the contract, which shall be verified through postqualification.<br />
(iii) Foreign bidders shall not be required to register as a condition for submitting<br />
bids.<br />
(iv) Bidder’s qualification shall be verified through post-qualification process.<br />
3. Eligibility<br />
(i) National sanction lists may only be applied with approval of ADB 1 .<br />
(ii) A firm declared ineligible by ADB cannot participate in bidding for an ADB<br />
financed contract during the period of time determined by ADB.<br />
4. Prequalification and Post qualification<br />
(i) Post qualification shall be used unless prequalification is explicitly provided for in<br />
the loan agreement/procurement plan. Irrespective of whether post qualification<br />
or prequalification is used, eligible bidders (both national and foreign) shall be<br />
allowed to participate.<br />
(ii) When pre-qualification is required, the evaluation methodology shall be based on<br />
pass/ fail criteria relating to the firm’s experience, technical and financial<br />
capacities.<br />
1 Section 52 of the Integrity Principles and Guidelines allows ADB to sanction parties who fail to meet ADB's high ethical standards based on the<br />
decisions of third parties, such a decision can only be made by the Integrity Oversight Committee on the basis of ADB's own independent<br />
examination of the evidence. As such, the process should follow the normal assessment and investigative processes prescribed by the Integrity<br />
Principles and Guidelines. http://www.adb.org/Documents/Guidelines/Integrity-Guidelines-Procedures/integrity-guidelines-procedures-<br />
2006.pdf
(iii) Qualification criteria shall be clearly specified in the bidding documents, and all<br />
criteria so specified, and only criteria so specified, shall be used to determine<br />
whether a bidder is qualified. The evaluation of the bidder’s qualifications should<br />
be conducted separately from the technical and commercial evaluation of the bid.<br />
(iv) In carrying out the post-qualification assessment, the Employer/ Purchaser shall<br />
exercise reasonable judgment in requesting, in writing, from a bidder missing<br />
factual or historical supporting information related to the bidder’s qualifications<br />
and shall provide reasonable time period (a minimum of 7 days) to the bidder to<br />
provide response.<br />
5. Preferences<br />
(i) No preference of any kind shall be given to domestic bidders or for domestically<br />
manufactured goods.<br />
(ii) Regulations issued by a sectoral ministry, provincial regulations and local<br />
regulations which restrict national competitive bidding procedures to a class of<br />
contractors or a class of suppliers shall not be applicable.<br />
(iii) Foreign bidders shall be eligible to participate in bidding under the same<br />
conditions as local bidders, and local bidders shall be given no preference (either<br />
in bidding process or in bid evaluation) over foreign bidders, nor shall bidders<br />
located in the same province or city as the procuring entity be given any such<br />
preference over bidders located outside that city or province<br />
6. Advertising<br />
(i) Invitations to bid (or prequalify, where prequalification is used) shall be<br />
advertised in Government Public Procurement Bulletin. In addition, the procuring<br />
agency should publish the advertisement in at least one widely circulated<br />
national daily newspaper or freely accessible, nationally-known website allowing<br />
a minimum of twenty-eight (28) days for the preparation and submission of bids<br />
and allowing potential bidders to purchase bidding documents up to at least<br />
twenty-four (24) hours prior the deadline for the submission of bids. Bidding of<br />
NCB contracts estimated at $500,000 or more for goods and related services or<br />
$1,000,000 or more for civil works shall be advertised on ADB’s website via the<br />
posting of the Procurement Plan.<br />
(ii) Bidding documents shall be made available by mail, or in person, to all who are<br />
willing to pay the required fee, if any.<br />
(iii) The fee for the bidding documents should be reasonable and consist only of the<br />
cost of printing (or photocopying) the documents and their delivery to the bidder.<br />
(Currently set at 1 Mln VND, increase subject to approval of ADB)<br />
7. Standard bidding documents<br />
(i) The Borrower’s standard bidding documents, acceptable to ADB, shall be used.<br />
The bidding documents shall provide clear instructions on how bids should be
submitted, how prices should be offered, and the place and time for submission<br />
and opening of bids.<br />
(ii) Bidders shall be allowed to submit bids by hand or by mail/ courier.<br />
8. Bid Opening<br />
8. A copy of the bid opening record shall be promptly provided to all bidders who submitted<br />
bids.<br />
9. Bid Evaluation<br />
(i) Merit points shall not be used in bid evaluation.<br />
(ii) Bidders shall not be eliminated from detailed evaluation on the basis of minor,<br />
non-substantial deviations. 2<br />
(iii) Except with the prior approval of ADB, no negotiations shall take place with any<br />
bidder prior to the award, even when all bids exceed the cost estimates.<br />
(iv) A bidder shall not be required, as a condition for award of contract, to undertake<br />
obligations not specified in the bidding documents or otherwise to modify the bid<br />
as originally submitted.<br />
(v) Bids shall not be rejected on account of arithmetic corrections of any amount.<br />
<strong>Ho</strong>wever, if the Bidder that submitted the lowest evaluated bid does not accept<br />
the arithmetical corrections made by the evaluating committee during the<br />
evaluation stage, its bid shall be disqualified and its bid security shall be forfeited.<br />
10. Rejection of All Bids and Rebidding<br />
(i) No bid shall be rejected on the basis of a comparison with the owner's estimate<br />
or budget ceiling without the ADB’s prior concurrence.<br />
(ii) Bids shall not be rejected and new bids solicited without the ADB’s prior<br />
concurrence.<br />
11. Participation by Government-owned enterprises<br />
9. Government-owned enterprises shall be eligible to participate as bidders only if they can<br />
establish that they are legally and financially autonomous, operate under Enterprise law and are<br />
not a dependent agency the contracting entity. Furthermore, they will be subject to the same bid<br />
and performance security requirements as other bidders.<br />
12. Non-eligibility of military or security units<br />
10. Military or security units, or enterprises which belong to the Ministry of Defense or the<br />
Ministry of Public Security shall not be permitted to bid.<br />
2 Minor, non-substantial deviation is one that, if accepted, would not affect in any substantial way the scope, quality, or performance specified in<br />
the contract; or limit in any substantial way, the Contracting entity rights or the Bidder’s obligations under the proposed contract or if rectified,<br />
would not unfairly affect the competitive position of other bidders presenting substantially responsive bids.
13. Participation by Foreign contractors and suppliers. Joint Ventures and<br />
Associations<br />
(i) Foreign suppliers and contractors from eligible countries shall, if they are<br />
interested, be allowed to participate without being required to associate or form<br />
joint ventures with local suppliers or contractors, or to subcontract part of their<br />
contract to a local bidder.<br />
(ii) A bidder declared the lowest evaluated responsive bidder shall not be required to<br />
form a joint venture or to sub-contract part of the supply of goods as a condition<br />
of award of the contract.<br />
(iii) License for foreign contractors operation in Vietnam would be provided in a<br />
timely manner and will not be arbitrarily withheld.<br />
14. Publication of the Award of Contract. Debriefing.<br />
(i) For contracts subject to prior review, within 2 weeks of receiving ADB’s “Noobjection”<br />
to the recommendation of contract award, the borrower shall publish in<br />
the Government Public Procurement Bulletin, or well-known and freelyaccessible<br />
website the results of the bid evaluation, identifying the bid and lot<br />
numbers, and providing information on: i) name of each bidder who submitted a<br />
bid; ii) bid prices as read out at bid opening; iii) name and evaluated prices of<br />
each bid that was evaluated; iv) name of bidders whose bids were rejected and<br />
the reasons for their rejection; and v) name of the winning bidder, and the price it<br />
offered, as well as the duration and summary scope of the contract awarded.<br />
(ii) For contracts subject to post review, the procuring entity shall publish the bid<br />
evaluation results no later than the date of contract award.<br />
(iii) In the publication of the bid evaluation results, the borrower shall specify that any<br />
bidder who wishes to ascertain the grounds on which its bid was not selected,<br />
should request an explanation from the procuring entity. The procuring entity<br />
shall promptly provide an explanation of why such bid was not selected, either in<br />
writing and / or in a debriefing meeting, at the option of the borrower. The<br />
requesting bidder shall bear all the costs of attending such as debriefing. In this<br />
discussion, only the bidder’s bid can be discussed and not the bids of<br />
competitors.<br />
15. Handling of Complaints<br />
11. The national competitive bidding documents shall contain provisions acceptable to ADB<br />
describing the handling of complaints in accordance with Article 47 of Decree No.<br />
111/20006/DD-CP, read with Articles 72 and 73 of Law on Procurement No. 61/2005/QH11.<br />
16. ADB Member Country Restrictions<br />
12. Bidders must be nationals of member countries of ADB, and offered goods, works, and<br />
services must be produced in and supplied from member countries of ADB.