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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.

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