NORTH POWER CORPORATION Electric Network Project Management Board RESETTLEMENT PLAN (RP) SUBPROJECT:

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Subproject : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam NORTH POWER CORPORATION Electric Network Project Management Board RESETTLEMENT PLAN (RP) SUBPROJECT: THE RURAL ENEGY II PROJECT ADDITIONAL FINANCING PHASE 4- HA NAM PROVINCE Hanoi, August, 2012 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 1

2 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam TABLE OF CONTENTS ABSTRACT 3 1. GENERAL INTRODUCTION PROJECT OBJECTIVES PROJECT SCALE RESETTLEMENT OBJECTIVES THE PROJECT S IMPACT LEVEL DETERMINING PROJECT S IMPACTS DIFFERENT TYPES OF IMPACTS IN THE PROJECT LEGAL FRAMEWORK AND AFFECTED BENEFITS COMPENSATION AND SUPPORT COMPENSATION LIFE RECOVERY SUPPORT AND ALLOWANCE FOR DPS COMMUNITY CONSULTATION AND INFORMATION DISCLOSURE COMMUNITY ENGAGEMENT AND CONSULTATION INFORMATION RELEASE CLAIMS AND DISPUTES REPORT, MONITORING AND EVALUATION INTERNAL MONITORING SUPERVISION, INSPECTION AND EVALUATION REPORTING REGIME IMPLEMENTATION PLAN IMPLEMENTATION RESPONSIBILITY IMPLEMENTATION PERIOD EXPENSES EXPENDITURES OF RP PERFORMANCE TOTAL ESTIMATES FOR RP PERFORMANCE APPENDIX PROJECT AREA POLICY FRAMEWORK ROUTE AGREEMENT SAMPLE LEAFLET 82 8: CHECKLIST OF HOUSEHOLDS WITH AFFECTED LAND, TREES AND CROPS86 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 2

3 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam ABSTRACT The Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam province is launched after the second phase conducted in Ha Nam province. The additional RE2 EVN is funded by WB. The sub-project is constructed in 40 communes (wards and towns) under 06 districts (cities) Ha Nam Province, including: Communes Thanh Chau, Phu Van, Chau Son, Dinh Xa, Boi Cau, Don Xa, Bo De, An Lao, Tieu Dong, Binh Nghia, An Ninh, Trinh Xa, My Tho, La Son, Liem Tiet, Thanh Luu, Liem Tuc, Thanh Hai, Thanh Tan, Thanh Nghi, Thanh Binh, Liem Can, Liem Phong, Dai Cuong, Thuy Loi, Kha Phong, Ngoc Son, Van Xa, Tan Son, Nhan Binh, Bac Ly, Hop Ly, Chau Son, Tien Hiep, Moc Nam, Dong Van town, Que, town, Kien Khe town, Vinh Tru town, Quang Trung ward. The sub-project's activities include: (i) construct total 23,176 km MV wireline; (ii) 61 transformer stations; (iii) rehabilitate and construct 50,991km LV wirelines in which: 36,656km and 14,335km rehabilitation and construction. The subproject shall affect 126 households (527 persons). The recovered area affected households is from 0.3% to 5.06% against total area owned by them. Specifically: DP reclaimed with less than 10% cultivated : 126 households (527 persons) DPs whose crops are permanently affected: 111 households (463 persons) DPs whose perennial trees are permanently affected: 13 households (55 persons) DPs whose cultivated is temporarily affected: 124 households (518 persons) THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 3

4 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Permanent impact: Types impacts Phu Ly city Binh Luc District Thanh Liem District Kim Bang District Ly Nhan District Duy Tien District Total Permanent impact (cultivated ) 20 m m m m 2 94 m 2 45 m 2 1,578 m 2 Permanent impact (garden and forest ) 24 m m m 2 Crop impact (rice) 20 m m m m 2 94 m 2 45 m 2 1,578 m 2 Impacts on perennial trees (eucalyptus, acacia) trees trees Temporary impact: Types impacts Phu Ly city Binh Luc District Thanh Liem District Kim Bang District Ly Nhan District Duy Tien District Total Temporary impact (cultivated ) 50 m m 2 2,270 m 2 4,420 m m m 2 8,630 m 2 Temporary impact (garden & forest ) 0 0 1,510 m ,510 m 2 Crop impact (rice) 50 m m 2 2,270 m 2 4,420 m m m 2 8,630 m 2 Impacts on perennial trees (eucalyptus, acacia) trees trees THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 4

5 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam The Resettlement Plan the subproject on reporting Resettlement Plan for Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam is prepared in accordance with the policy on Reluctant Resettlement (OP 4.12) the World Bank and Policy Framework the additional financing RE2. The compensation activities for affected households are expected to be commenced on August Total estimated expenses for RP performance is 845,406,881VND (to be updated when the subproject is launched to ensure the principle replacement price-based compensation). Expenses for RP performance are from partner funds: EVN THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 5

6 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam 1. GENERAL INTRODUCTION 1.1. PROJECT OBJECTIVES The Rural Energy Project No. 2 (RE2) aims at facilitating the Vietnamese Government to launch poverty elimination campaign in rural areas by providing key infrastructures such as power and access to public services to improve life, production and business performance, concretely: - Develop a rural electrification strategy, specially focusing on power supply to mountainous and remote areas. - Rehabilitate, upgrade and expand the rural power system to satisfy power supply demand for the future socio-economic development. - Improve power supply reliability, reduce loss on power, and improve performance for production and business activities. - Re-unify the rural power grid system to improve reliability and power quality to be provided, including reduction power loss due to technical or non-technical failure. The RP Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam is prepared in accordance with Policy Framework the additional financing RE2. The Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam is launched after the performance is achieved in the first phase and the Rural Energy project conducted previously. The project objectives are as follows: (i) To recover overload and significant loss power grid in rural area, (ii) To develop power coverage in rural areas where surcharge demand sharply increases to improve the grid capacity, timely responding to the surcharge development demand and power supply quality assurance (iii) To prevent overload for power grids in project communes and reduce power loss, improving power supply quality to stabilize the area, serving for production and business demand the rural area PROJECT SCALE The Rural Energy Additional Financing (Phase 4) Subproject in Ha Nam is launched in 40 communes (wards) under 06 districts (towns and cities) Thai Nguyen Province, including: Communes Thanh Chau, Phu Van, Chau Son, Dinh Xa, Boi Cau, Don Xa, Bo De, An Lao, Tieu Dong, Binh Nghia, An Ninh, Trinh Xa, My Tho, La Son, Liem Tiet, Thanh Luu, Liem Tuc, Thanh Hai, Thanh Tan, Thanh Nghi, Thanh Binh, Liem Can, Liem Phong, Dai Cuong, Thuy Loi, Kha Phong, Ngoc Son, Van Xa, Tan Son, Nhan Binh, Bac Ly, Hop Ly, Chau Son, Tien Hiep, Moc Nam, Dong Van town, Que, town, Kien Khe town, Vinh Tru town, Quang Trung ward. (Refer Appendix 1: Map Project Site). THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 6

7 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam The Sub-project includes 03 items, namely: Construction MV wirelines: - Medium voltage wireline : 23,176 km. Transformer stations: 61 new transformer stations are built with total capacity kva. Rehabilitation and construction 110,985 km low voltage wireline. - Rehabilitated Low Voltage Wirelines: 36,656 km. - Low Voltage Wirelines: 14,335 km. Table 1.2. Project s Items Province- District/ commune Transformer station/capacity (kva) Wireline length Number pylons 1. Phu Ly city 1.1 Thanh Chau 1/ Phu Van 1/ Chau Son 1/ Quang Trung ward 1/ Subtotal 1 4/ Binh Luc district 2.1 Dinh Xa 1/ Boi Cau 1/180 1, Don Xa 2/360 1, Bo De 2/ An Lao 2/ Tieu Dong 1/ Binh Nghia 2/ An Ninh 2/ Trinh Xa 2/ My Tho 1/ THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 7

8 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Province- District/ commune Transformer station/capacity (kva) Wireline length Number pylons 2.11 La Son 2/ Subtotal 2 18/ Thanh Liem district 3.1 Liem Tiet 2/ Thanh Luu 1/ Liem Tuc 2/ Thanh Hai 2/350 1, Thanh Tan 1/ Thanh Nghi 1/ Thanh Binh 1/ Liem Can 2/ Liem Phong 1/ Kien Khe town 2/ Subtotal 3 15/ Kim Bang district 4.1 Dai Cuong 2/ Thuy Loi 2/ Kha Phong 2/ Ngoc Son 2/ Van Xa 2/340 2, Que town 2/ Tan Son 2/410 1, Subtotal 4 14/ Ly Nhan district 5.1 Nhan Binh 1/ THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 8

9 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Province- District/ commune Transformer station/capacity (kva) Wireline length Number pylons 5.2 Bac Ly 1/ Hop Ly 1/ Vinh Tru town 1/ Subtotal 5 4/ Duy Tien district 6.1 Chau Son 1/ Tien Hiep 1/ Moc Nam 2/ Dong Van town 2/ Subtotal 6 6/ Wireline specifications - Voltage rate: 35; 22 kv - Number circuits: 01 - ROW: 9 m - Electric wire: AC 50/8 - Insulation Vertical insulator - Pylon Centrifugal concrete - Pylon height From 12m to 18m - Average distance among pylons 100 m - Pile foundation area: 3 m Specifications Transformer station - Transformer stations: 35(22)/0.4kV + Medium voltage rate: 35; 22kV + Low voltage rate: 0.4kV - Capacity: kva. - Construction area the station: 9x5m RESETTLEMENT OBJECTIVES The Resettlement Plan (RP) is prepared with objectives as follows: THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 9

10 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam - To avoid or at least minimize unexpected resettlement by selecting feasible design plans. - In case unexpected resettlement is unavoidable, resettlement activities must be prepared and implemented in accordance with the sustainable development programs and proper investment supports must be provided, enabling DPs to benefit from the subproject. DPs shall be fully consulted and entitled to participate into preparation and implementation RP. - DPs shall be compensated for their damages and provided with full life recovery measures to support them to better improve or at least maintain the living standards and their production capacity as well as income the same as the time before launching the project. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 10

11 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam 2. THE PROJECT S IMPACT LEVEL 2.1. DETERMINING PROJECT S IMPACTS Determining the Project s impact coverage: The Sub-project s impact coverage is only: Pile foundation construction site: m 2 - The area surrounding the pier foundation construction area during construction, temporarily affected area in the wireline- with average approximately 15m width- the route is only calculated for cultivated. Land area which is possible to be affected: m 2 (for column and wiring parts) Temporary service road is not required because it was constructed previously with very good quality; hence, acquisition for this item is not conducted Determining Displaced Persons (DPs) According to the survey findings, 126 households with 527 DPs were available, in which rate recovered rate was from 0.30% to 5.06%, including: DPs whose cultivated was partially or totally affected (temporarily or permanently); DPs who have crops and perennial trees and/or crops affected totally or partially (temporarily). Vulnerable groups to be affected in the Subproject: N/A Summary results are presented in following tables (For details, refer to Appendix 8: Checklist Displaced Persons (DPs)): Total Displaced Persons are 126 households with 527 persons. No. District/commune Number affected households Number Displaced Person I Phu Ly city Thanh Chau Phu Van Chau Son Quang Trung ward 0 0 II Binh Luc district Dinh Xa Boi Cau Don Xa 0 0 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 11

12 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam No. District/commune Number affected households Number Displaced Person 8 Bo De An Lao Tieu Dong Binh Nghia An Ninh Trinh Xa My Tho La Son 4 19 III Thanh Liem district Liem Tiet Thanh Luu Liem Tuc Thanh Hai Thanh Tan Thanh Nghi Thanh Binh Liem Can Liem Phong Kien Khe town 5 20 IV Kim Bang district Dai Cuong Thuy Loi Kha Phong Ngoc Son Van Xa 6 25 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 12

13 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam No. District/commune Number affected households Number Displaced Person 31 Que town Tan Son 9 33 V Ly Nhan district Nhan Binh Bac Ly Hop Ly Vinh Tru town 0 0 VI Duy Tien district Chau Son Tien Hiep Moc Nam Dong Van town 3 12 Total: House hold person Total DPs in which DPs with permanent impact DPs who are reclaimed with less than 10% total cultivated : DPs whose crops are permanently affected DPs whose perennial trees are permanently affected: Total DPs with permanent impact: DPs having temporarily impacts DPs whose cultivated is temporarily affected THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 13

14 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam House hold person DPs having temporarily impacts Notes: A household may be categorized into two types impacts. Total DPs by impact category Impact category Household person 1 Garden is temporarily acquired in the ROW without building or structures in the ROW THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 14

15 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam 2.2. DIFFERENT TYPES OF IMPACTS IN THE PROJECT DPs impacts in this Subproject are only: - Permanent acquisition due to foundation construction. - Temporarily acquisition cultivated (field ) during project performance. - Permanent impacts on crops in the expected foundation construction areas. - Temporary impacts on crops surrounding pier foundation, wirelines and ROW. - Impacts on trees in ROW, high trees shall be cut down (distance from tree top to the lowest wire is no less than 4m) and high trees near ROW may touch wireline in case falling. - Results are described in following tables: Permanently affected cultivated Temporarily occupied area No. Name district/commune Paddy field (crop) Hill (garden) Public Total Phu Ly city 1 Thanh Chau Phu Van Chau Son Quang Trung ward Binh Luc district 5 Dinh Xa Boi Cau Don Xa Bo De An Lao Tieu Dong Binh Nghia An Ninh Trinh Xa THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 15

16 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Temporarily occupied area No. Name district/commune Paddy field (crop) Hill (garden) Public Total 14 My Tho La Son Thanh Liem district 16 Liem Tiet Thanh Luu Liem Tuc Thanh Hai Thanh Tan Thanh Nghi Thanh Binh Liem Can Liem Phong Kien Khe town Kim Bang district 26 Dai Cuong Thuy Loi Kha Phong Ngoc Son Van Xa Que town Tan Son Ly Nhan district 33 Nhan Binh THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 16

17 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Temporarily occupied area No. Name district/commune Paddy field (crop) Hill (garden) Public Total 34 Bac Ly Hop Ly Vinh Tru town Duy Tien district Chau Son Tien Hiep Moc Nam Dong Van town Total: 1, ,461 3,208 Cultivated with temporary impact Temporarily occupied area No, Name district/commune Paddy field (crop) Hill (garden) Public Total Phu Ly city 1 Thanh Chau Phu Van Chau Son Quang Trung ward Binh Luc district 5 Dinh Xa Boi Cau THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 17

18 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Temporarily occupied area No, Name district/commune Paddy field (crop) Hill (garden) Public Total 7 Don Xa Bo De An Lao Tieu Dong Binh Nghia An Ninh Trinh Xa My Tho La Son Thanh Liem district 16 Liem Tiet Thanh Luu Liem Tuc Thanh Hai Thanh Tan Thanh Nghi 1, , Thanh Binh Liem Can Liem Phong Kien Khe town Kim Bang district 26 Dai Cuong Thuy Loi THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 18

19 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Temporarily occupied area No, Name district/commune Paddy field (crop) Hill (garden) Public Total 28 Kha Phong Ngoc Son Van Xa 1, , Que town Tan Son 1, ,060 Ly Nhan district 33 Nhan Binh Bac Ly Hop Ly Vinh Tru town Duy Tien district 37 Chau Son Tien Hiep Moc Nam Dong Van town 130 1,310 1,440 Total: 8,630 1,510 8,640 18,780 Quantity and category affected perennial trees Unit: Tree Types trees No, Name district/commune Eucalyptus, acacia Longan Mango (wood tree) (fruit tree) (fruit tree) Thanh Liem district THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 19

20 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Types trees No, Name district/commune Eucalyptus, acacia Longan Mango (wood tree) (fruit tree) (fruit tree) 1 Thanh Nghi commune Total: THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 20

21 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam 3. LEGAL FRAMEWORK AND AFFECTED BENEFITS The Resettlement Plan the Resettlement Plan for Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam is prepared in accordance with the policy framework the additional financing RE2 project. Accordingly, legal framework for compensation and resettlement activities shall be based on Resettlement Policy Framework the RE2. Laws and policies applied for compensation and resettlement implementation include (i) policies WB; (ii) valid policies on compensation, support and resettlement the Government Vietnam and (iii) procedures on compensation, support and resettlement the local authority (Ha Nam province). Regarding WB s policy, policy on Reluctant Resettlement (OP 4.12) shall be applied. Regulations on compensation, support and resettlement promulgated by the Vietnamese Government applied in RP performance this Subproject include: Constitution the Socialist Republic Vietnam in 1992 confirms civil rights on house ownership and protects such ownership. Law on Land in 2003 promulgated on 10 th December Decree No. 181/2004/ND CP dated 29 th October 2004 the Government on guiding implementation Law on Land in Decree No. 188/2004/ND CP dated 16 th November 2004 the Government on method determining price and price framework for category/grade. Decree No. 197/2004/ND-CP dated 3 rd December 2004 the Government on compensation, support and resettlement when is reclaimed by the State. Circular No. 01/2005/TT BTNMT the Ministry Natural Resources and Environment dated 13 th April 2005 on guiding implementation some articles Decree No. 181/2004/ND CP dated 29th October 2004 the Government on implementing Law on Land. Decree No. 106/2005/ND CP dated 17th August 2005 the Government on protecting high voltage power grid safety. Decree No. 84/2007/ND CP dated 25 th May 2007 the Government with additional provisions on issuance use right certificates: on recovery: on exercise use rights: on order and procedures for compensation, assistance and resettlement when the State recovers and on resolution complaints about. Decree No 123/2007/ND dated 27th July 2007 the Government on amending and supplementing some articles Decree No. 188/2004/ND dated 16th November 2004 on method determining price and price framework different types. Circular No. 145/2007/TT BTC dated 6 th December 2007 Ministry Finance on guiding implementation Decree No. 188/2004/ND CP and Decree No. 123/2007/ND CP. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 21

22 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Decree No. 69/2009/ND-CP dated 13 th August 2009 the Government on additionally providing for use planning, prices, recovery, compensation, support and resettlement. Circular No. 14/2009/TT BTNMT dated 1st October 2009 Ministry Natural Resources and Environment on prescribing details on compensation, support, resettlement and order and procedures acquisition, handing-over and lease. Decree No 81/2009/ND dated 12th October 2009 the Government on amending and supplementing some articles Decree No. 106/2005/ND-CP. Circular No. 03/2010/TT BTC dated 22nd January 2010 Ministry Industry and Trade on prescribing some articles in Decree No. 106/2005/ND CP and Decree No. 81/2009/ND CP. Circular No. 57/2010/TT BTC dated 16th April 2010 Ministry Finance on amending regulations on estimates preparation, use and settlement expenses for compensation, support and resettlement when the State recovers. Valid regulations on compensation, support and resettlement the local authority applied in the Subproject s RP include: Decision No. 37/2009/QD-UBND dated 29th December 2009 Ha Nam Provincial People s Committee on announcing price in the province. Decision No. 28/2011/QD-UBND dated 22nd August 2011 Ha Nam Provincial People s Committee on unit price compensating crops when is recovered by the State in the province. Compatibility between accesses the Government and the bank and necessary exemptions: The valid laws, decrees and regulations make the resettlement policies and practices the Vietnamese Government is increasingly suitable with the WB s Resettlement Policy. Differences between laws and decrees the Government and WB relating to compensation, resettlement and how to settle differences are described in Table 1 Resettlement Policy Framework additional financing RE2 project (Refer to Table 1 in Appendix 2. Policy Framework). In case inconsistency, WB s policies shall be applied. This is suitable with Decree No. 131/2006/ND CP on Regulations ODA resource management and use. Principles on compensation and resettlement applied for the Subproject: WB s principles Action Policy OP 4.12 are applied for Policy Framework in this RP. Accordingly, following principles and objectives are applied: a) Land and asset recovery and resettlement shall be minimized at lowest as possible. b) All DPs having residential, production and business or cultivated in ROW D/L, surrounding pile foundation, station area and construction road under the Project till the project s notice date and basic information survey date shall be entitled to receive life recovery measures, sufficient for them to improve or at least maintain their living standards and income from the project prit. Insufficiency legal benefits for damaged real estates shall not prevent DPs from receiving rights to enjoy this life recovery measures. c) The life recovery measures are: (i) compensation at replacement price for buildings and other structures without depreciation and deduction on materials re-use, (ii) cultivated is compensated with cultivated with similar value acceptable to THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 22

23 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam DPs or compensation in cash with replacement value as desired by DPs is applied, (iii) residential is compensated with the same area acceptable to DPs or compensation in cash with replacement price is applied as desired by DPs, and (iv) allowances on transportation and removal. d) The residential and agricultural shall be compensated at the highest value close to the damaged, acceptable to DPs. e) Transitional period in resettlement shall be minimized and DPs are provided with life recovery measures right before launching the project. f) Plan on and other real estate recovery as well as life recovery measures shall be conducted through consulting DPs to minimize conflict. DPs shall receive their benefits before the Project s commencement date in the locality. g) The pre-project service level and benefits community shall be maintained or improved. h) Financial and material source for resettlement and life recovery shall be available as necessary. i) The legislative organization shall ensure effective planning, consultation and implementation RP as scheduled. j) RP supervision and implementation evaluation shall be effectively conducted as scheduled. In addition to direct compensation for damages, DPs are entitled to receive benefits as prescribed in Decree No. 197/2004/ND-CP, Decree No. 69/2009/ND-CP, and Decree No. 81/2009/ND-CP. Benefits/ allowances include: a) Allowance for in ROW Regarding the residential and other s in the same lot with the residential in ROW but not subject to the acquisition, compensation and support shall be fered, not exceeding 80% residential acquisition compensation level in ROW as the case may be. b) Allowance for houses in ROW For houses and structures for living partial or total area in ROW, compensation no more than 70% value shall be fered as the case may be due to limitation use capacity and impacts in the life. c) Other recoveries In addition to aforesaid information, any DPs whose impact is regarded as negligible shall be applied with a series program to recover subsistence fully and ensured to be compensated with replacement price or at value each separated works or the most expensive items among those works which are regarded as reference "items". Benefit matrix: (Refer to Appendix 3- Benefit Matrix) THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 23

24 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam 4. COMPENSATION AND SUPPORT 4.1. COMPENSATION Date notifying the subproject: The project's notice date was determined before launching the socio-economic and inventory survey dated 15 th March This date is ficially notified by local authorities right from the first community meeting launched at each concerned commune. Encroachers and persons living the expected area to be affected after such date shall not be entitled to compensate and resettle. They shall be required to remove structures, cut down trees or harvest crops to make site clearance for the project. However, no penalties are paid by them. The project s notice date and terms on no compensation for encroachers have been clearly notified in community meetings. Replacement price: In this Subproject, damages only cover and crops. The survey findings revealed that construction transformer station and wireline (construction and rehabilitation) in this Subproject is conducted in rural areas where rice cultivation and crops are main job with long-term stability. In these areas, almost no transactions on selling or buying, trees or crops are available (they ten transfer to their descendents and relatives). Through consultation with the local authorities (Phu Ly city, Thanh Liem district, Binh Luc district, Kim Bang district, Ly Nhan district, Duy Tien district and communes), compensation price for, trees and crops shall be applied with unit price released by PPC. Compensation unit price announced in public in the community consultancy meeting is accepted by affected households. Such compensation price determined in this RP is temporarily calculated in accordance with price schedule issued by the Ha Nam PPC. - Decision No. 42/2010/QD-UBND dated 21 st December 2010 Ha Nam Provincial People s Committee on prescribing different prices in the province. - Decision No. 09/2011/QD-UBND dated 28 th March 2011 Ha Nam Provincial People s Committee on prescribing unit price compensating crops when is recovered by the State. It is noticed that unit price used in this RP is only for estimates (during preparation this RP). At the date RP performance (expected in 2012), the compensation unit price shall be updated to ensure that DPs shall be compensated at replacement price for their damages. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 24

25 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Compensation unit price for Permanent compensation unit price for Unit: VND/m 2 No. District Paddy field (crop) Unit price (VND/m2) Hill (garden) Unit price (VND/m2) 1 Ha Nam city 40,000 25,000 2 Binh Luc district 40,000 25,000 3 Thanh Liem district 40,000 25,000 4 Kim Bang district 40,000 25,000 5 Ly Nhan district 40,000 25,000 6 Duy Tien district 40,000 25, Unit price schedule for cultivated with temporary impact Unit: VND/m 2 No. District Paddy field (crop) Unit price (VND/m2) Hill (forest) Unit price (VND/m2) 1 Ha Nam city 20,000 12,500 2 Binh Luc district 20,000 12,500 3 Thanh Liem district 20,000 12,500 4 Kim Bang district 20,000 12,500 5 Ly Nhan district 20,000 12,500 6 Duy Tien district 20,000 12,500 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 25

26 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam Compensation unit price for trees and crops Table compensation unit price for trees and crops Unit price: VND Types trees Unit Ha Nam province Wood tree with diameter 80 to <100mm Tree 50,000 Rice m2 6, Total compensation expenses for the project Total compensation expenses for the project Table Phu Ly city No. Compensation items Unit Quantity 1 Permanent recovery Land Unit price Amount - Garden (forest) m , ,000 - Paddy field m , ,000 Tree - Eucalyptus, acacia (foot diameter mm) Tree 0 50,000 0 Crops - Rice m2 20 6, ,000 Subtotal 1 1,520,000 2 Temporary recovery (limit use capacity) Land - Garden (forest) m2 0 12, Paddy field m ,000 1,000,000 Tree - Eucalyptus, acacia (foot Tree 0 50,000 0 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 26

27 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam No. Compensation items Unit Quantity diameter mm) Crops Unit price Amount - Rice m2 50 6, ,000 Subtotal 2 1,300,000 Total 2,820,000 Table Phu Binh district No. Compensation items Unit Quantity 1 Permanent recovery Land Unit price Amount - Garden (forest) m2 0 25, Paddy field m ,000 7,640,000 Tree - Eucalyptus, acacia (foot diameter mm) Tree 0 50,000 0 Crops - Rice m ,000 1,146,000 Subtotal 1 8,786,000 2 Temporary recovery (limit use capacity) Land - Garden (forest) m2 0 12, Paddy field m ,000 19,400,000 Tree - Eucalyptus, acacia (foot diameter mm) Tree 0 50,000 0 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 27

28 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam No. Compensation items Unit Quantity Crops Unit price Amount - Rice m ,000 5,820,000 Subtotal 2 25,220,000 Total 34,006,000 Table Thanh Liem district No. Compensation items Unit Quantity 1 Permanent recovery Land Unit price Amount - Garden (forest) m ,000 3,625,000 - Paddy field m ,000 16,160,000 Tree - Eucalyptus, acacia (foot diameter mm) Tree 23 50,000 1,150,000 Crops - Rice m ,000 2,424,000 Subtotal 1 23,359,000 2 Temporary recovery (limit use capacity) Land - Garden (forest) m2 1,510 12,500 18,875,000 - Paddy field m2 2,270 20,000 45,400,000 Tree - Eucalyptus, acacia (foot diameter mm) Tree ,000 13,600,000 Crops THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 28

29 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam No. Compensation items Unit Quantity Unit price Amount - Rice m2 2,270 6,000 13,620,000 Subtotal 2 91,495,000 Total 114,854,000 Table Kim Bang district No. Compensation items Unit Quantity 1 Permanent recovery Land Unit price Amount - Garden (forest) m2 0 25, Paddy field m ,000 32,960,000 Tree - Eucalyptus, acacia (foot diameter mm) Tree 0 50,000 0 Crops - Rice m ,000 4,944,000 Subtotal 1 37,904,000 2 Temporary recovery (limit use capacity) Land - Garden (forest) m2 0 12, Paddy field m2 4,420 20,000 88,400,000 Tree - Eucalyptus, acacia (foot diameter mm) Tree 0 50,000 0 Crops - Rice m2 4,420 6,000 26,520,000 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 29

30 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam No. Compensation items Unit Quantity Unit price Amount Subtotal 2 114,920,000 Total 152,824,000 Table Ly Nhan district No. Compensation items Unit Quantity 1 Permanent recovery Land Unit price Amount - Garden (forest) m2 0 25, Paddy field m ,000 3,760,000 Tree - Eucalyptus, acacia (foot diameter mm) Tree 0 50,000 0 Crops - Rice m2 94 6, ,000 Subtotal 1 4,324,000 2 Temporary recovery (limit use capacity) Land - Garden (forest) m2 0 12, Paddy field m ,000 14,600,000 Tree - Eucalyptus, acacia (foot diameter 10-20cm) Tree 0 50,000 0 Crops - Rice m ,000 4,380,000 Subtotal 2 18,980,000 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 30

31 : Rural Energy - Additional Financing (Phase 4) Subproject in Ha Nam No. Compensation items Unit Quantity Unit price Amount Total 23,304,000 Duy Tien district No. Compensation items Unit Quantity 1 Permanent recovery Land Unit price Amount - Garden (forest) m2 0 25, Paddy field m ,000 1,800,000 Tree - Eucalyptus, acacia (foot diameter mm) Tree 0 50,000 0 Crops - Rice m2 45 6, ,000 Subtotal 1 2,070,000 2 Temporary recovery (limit use capacity) Land - Garden (forest) m2 0 12, Paddy field m ,000 3,800,000 Tree - Eucalyptus, acacia (foot diameter 10-20cm) Tree 0 50,000 0 Crops - Rice m ,000 1,140,000 Subtotal 2 4,940,000 Total 7,010,000 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 31

32 Compensation summary No. Name district/commune Permanent recovery Temporary recovery Trees Rice Total I Phu Ly city 1 Thanh Chau 1,400,000 1,000, ,000 2,820,000 2 Phu Van Chau Son Quang Trung ward II Binh Luc district 5 Dinh Xa 2,560,000 3,000, ,284,000 6,844,000 6 Boi Cau 3,440,000 12,600, ,296,000 20,336,000 7 Don Xa Bo De An Lao Tieu Dong Binh Nghia An Ninh THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 32

33 No. Name district/commune Permanent recovery Temporary recovery Trees Rice Total 13 Trinh Xa My Tho La Son 1,640,000 3,800, ,386,000 6,826,000 III Thanh Liem district 16 Liem Tiet 3,280,000 4,000, ,692,000 8,972, Thanh Luu 1,840,000 3,000, ,176,000 6,016, Liem Tuc 19 Thanh Hai 3,840,000 14,600, ,956,000 23,396, Thanh Tan Thanh Nghi 3,625,000 18,875,000 14,750, ,250, Thanh Binh 1,560,000 6,800, ,274,000 10,634, Liem Can Liem Phong 1,440,000 5,800, ,956,000 9,196, Kien Khe town 4,200,000 11,200, ,990,000 19,390,000 IV Kim Bang district THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 33

34 No. Name district/commune Permanent recovery Temporary recovery Trees Rice Total 26 Dai Cuong 3,480,000 8,800, ,162,000 15,442, Thuy Loi 3,800,000 6,800, ,610,000 13,210, Kha Phong 4,480,000 5,000, ,172,000 11,652, Ngoc Son 4,080,000 10,800, ,852,000 18,732, Van Xa 5,720,000 25,200, ,418,000 39,338, Que town 3,760,000 10,600, ,744,000 18,104, Tan Son 7,640,000 21,200, ,506,000 36,346,000 V Ly Nhan district 33 Nhan Binh 800,000 1,000, ,000 2,220, Bac Ly Hop Ly 2,960,000 13,600, ,524,000 21,084, Vinh Tru town VI Duy Tien district 37 Chau Son Tien Hiep THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 34

35 No. Name district/commune Permanent recovery Temporary recovery Trees Rice Total 39 Moc Nam 720,000 1,200, ,000 2,388, Dong Van town 1,080,000 2,600, ,000 4,622,000 Total: 67,345, ,475,000 14,750,000 61,248, ,818,000 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 35

36 4.2. LIFE RECOVERY SUPPORT AND ALLOWANCE FOR DPS In addition to direct compensation for damages serious DPs (to be removed or lost over 10% area), they are entitled to other supports (benefits/allowances) in accordance with the project s Policy Framework. However, in this Subproject, no DPs are subject to the above impact group, hence, this RP fers no life recovery support activities... Other impacts arisen during performance shall be settled in accordance with the Project's Policy Framework. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 36

37 5. COMMUNITY CONSULTATION AND INFORMATION DISCLOSURE 5.1. COMMUNITY ENGAGEMENT AND CONSULTATION The resettlement and compensation issues were firstly introduced to the local persons and local authorities in meetings held in April and May The provincial/district level meetings were organized in the fice PPC/DPC. Other community consultancy meetings were launched in communes, each meeting lasted half day in each Subproject commune. All these meetings were held in fices CPCs. The district level meetings were attended by: leaders Subproject districts, representatives provincial power companies, leaders all Subproject communes. All communal level meetings were participated by communal leaders, heads mass organizations, hamlet leaders and representatives households. The meeting included 2 parts. The first part introduced the printed materials such as: Brochures Project and Subproject, power grid maps. Technicians introduced about the Subproject, including: selection criteria, expected route direction and compensation principles the Government and WB. The second part was discussion with local persons regarding wireline direction, station position, etc, as well as compensation issues and compensation measures. The communal leaders and local persons unveiled their opinion about the Project and compensation-related issues. The technicians recorded such opinions and took such opinions into calculation when preparing the engineering design and Resettlement Action. Introduced materials included Summary the additional RE2 and Subproject, site maps, route direction and expected station position, etc. In these meetings, and tree price was discussed. Such prices were compared with the market price and used as a reference to negotiate with households affected by the Subproject. Minutes these meeting were exercised with full signatures representatives. Socio-economic survey The consultants launched the survey by direct interview and questionnaires from April to May 211 for 100% total DPs in communes. (See Table 5.1 for details.) Table 5.1 Summary contributed opinions at the community consultancy meeting No. Site/ Time/ Number attendants Opinions 1 Office Thanh Chau CPC, Phu Ly city - Time: 14 th April 2011 Participants: 10 persons 2 At the fice Boi Cau Communal People s Committee, Binh Luc district - Time: 16 th April 2011 Participants: 08 persons The Project Owner and the Consultant are required to further clarify the project s impacts on environment, socioeconomic and compensation measures; The construction unit shall undertake and compensate for transportation sand, stone and raw materials affected environment and caused damages to local persons. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 37

38 No. Site/ Time/ Number attendants Opinions 3 The fice Kien Khe town s People s Committee, Thanh Liem district - Time: 18 th April 2011 Participants: 08 persons 4 Office Que town s People s Committee, Kim Bang district - Time: 15 th April 2011 Participants: 12 persons 5 At the fice Hop Ly communal People s Committee, Ly Nhan district - Time: 6 th April 2011 Participants: 14 persons 6 At the fice Dong Van town s People s Committee, Duy Tien district - Time: 21 st April 2011 Participants: 08 persons - Are local persons employed to undertake the subproject construction? The most concern is the impacts during construction such as dust and dirty pollution in construction site; it is required to recover the intact conditions before construction, acquisition and impacts on trees and crops are also concerned. The local people hope that site clearance shall be conducted after harvesting is finished. The Project Owner should select construction time after rice is harvested to limit damages; The construction unit shall undertake and compensate for transportation sand, stone and raw materials affected environment and caused damages to local persons. The Project Owner is required to announce in public the Project s compensation policy so that DPs can access to. In these meetings, and tree price was discussed (in accordance with the Province s applied unit price framework). Such prices were compared with the market price and used as a reference to negotiate with households affected by the Project. Representatives the Project Owner and the Consultant provided information about questions project performance period, area ROW, etc and acquired the contributed opinions. They would consider and update it into the RP. In addition to other information available in the materials distributed to representatives, following information was additionally provided to the participants: It acquired the opinion on public new release about compensation policy to affected households; the information would be available in CPCs where the Project was located. Moreover, it was also announced in the branch project district power company Temporarily occupied during project performance would be calculated and properly compensated by the Project Owner; During wireline operation, agricultural production was still conducted in the ROW as usual; With the constructive spirit to rehabilitate the project in the old route background, impacts on surrounding environment should be minimized, etc. The aforesaid opinions and received opinions were updated in contents this RP. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 38

39 5.2. INFORMATION RELEASE RP report in Vietnamese shall be announced in DPCs affected by the Project and communal fices under the project so that mass organizations and institutions concerned can access and understand. Copies EMP report in English and Vietnamese shall be submitted to Vietnam Development Information Center at 63 Ly Thai To, Hanoi to serve for concerned people to read, understand and give out feedback about the materials. The RP report in English shall be submitted to the WB s Infor Shop in Washington for public announcement CLAIMS AND DISPUTES The project s impact level is insignificant and entire RP implementation program is conducted with DPs participation, hence, hopefully, that no claims shall not be available. However, in order to ensure the DPs to have place to settle their claims (relating to compensation and resettlement), the claim settlement procedures are successfully set up. The purpose is to feedback against DPs claims in a prompt and transparent manner. The mechanism is developed in accordance with the convenient, transparent and fair regulations. By settling claims at the project level, the project progress may be stable. Claim procedures are as follows: Step 1 Communal level: If any one claims about any problems in the resettlement and life recovery program, he may put forward such claim in writing or oral to the communal authority. In case oral claim, such claim shall be recorded and settled by the communal authority. The communal People s Committee shall settle the problem within 15 working days since the date receiving claim. Step 2 District level: If claimer is not satisfied with decisions in Step 1, his claim may be submitted to district CRC. Within 15 working days since the date receiving the decision in step 1, the district CRC shall make decision relating to claims. Step 3 Provincial level: If claimer is not satisfied with decisions in Step 2, his claim may be submitted to the provincial CRC. Within 15 working days since the date receiving the decision in step 2, the provincial CRC shall make decision relating to claims. According to the Decree No. 197/2004/ND-CP (Article 39), DPs are entitled to claim to CRC or the corresponding PCs. Obligations, time and claim settlement procedures must comply with Article 138 Law on Land and Articles 162, 163 and 164 Decision No. 181/2004/ND- CP dated 29 th December 2004 the Government on implementing Law on Land. Step 4 Claims at the court If DPs are not satisfied with decisions in Step 3, his claim may be submitted to the district s court in accordance with Civil Procedure Code. Within 15 working days since the date receiving the decision in step 2, the problems must be freely settled in the district s court. Judgments the court shall be legal basis for compensation. DPs may claim about any problems the resettlement and life recovery program, including recommended compensation price. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 39

40 The claim procedures are publicized to DPs through community meetings and at fices RBs. This information is recorded in RIB to popularize to RPs before commencement. Figure Claim process THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 40

41 6. REPORT, MONITORING AND EVALUATION 6.1. INTERNAL MONITORING PMU is responsible for launching internal monitoring for RP performance. The internal inspection and monitoring aim at: Verifying basic information about DPs, evaluating lost or damaged assets, compensations, benefits resettlement and life recovery conducted in accordance with the regulations the corresponding Policy Framework and RP. Monitoring RP is conducted as designed and approved. Determining financial resources to implement RP is provided to PMUs in due date with full quantity to fulfill the objectives; Such resources are properly used by PMUs as prescribed in RP and Policy Framework. All claims and explanations are recorded and it is ensured that such claims are properly settled as scheduled. Officials in-charge site clearance resettlement and compensation the unit performing the subproject must update information based on some main activities, concretely: Table 6.1 Some main activities for internal monitoring and evaluation No. Activities in RP Implementatio n Description Yes No 1. To notify the local authorities and people about the Project 2. To conduct inventory damages 3. To inspect the replacement price 4. To prepare RP 5. To accept RP - EVN/AMB - Ha Nam PPC - World Bank 6. Announce RP THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 41

42 No. Activities in RP Implementatio n Description Yes No Project site: 40 communes (wards and towns), 06 districts (cities) in Ha Nam province - District power companies where the Project is available - VDIC/Infoshop 7. Measure, count and measure the lot 8. Apply compensation price (transform from RP) 9. Prepare specific compensation plan 10. Approve compensation plan 11. Announce compensation plan 12. Adjust and approve (if any) 13. Pay compensation (including updates against RP- for instance: Quantity DPs, expenses, impact levels, etc) 14. Internal Monitoring 15. Independent supervision 16. on plan implementation 17. Collect and settle claims 18. Community engagement and consultation - Community meetings - Provide leaflets 19. Cooperation with other agencies (especially compensation THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 42

43 No. Activities in RP Implementatio n Description Yes No committee) 20. Interim and period end evaluation (share with the Project) 6.2. SUPERVISION, INSPECTION AND EVALUATION RP implementation must be inspected and supervised by NPC and PMB in combination with the local PC. The independent consultant shall be selected to undertake supervision tasks. The selected supervisor shall sign contract with PMB right after RP is approved and inspection and supervision activities are implemented when commencement period is initiated. The internal inspection and supervision includes following activities: - To inspect number population and socio-economic surveys for DPs; to check statistics on DPs' asset, status, job and living conditions; to supervise the compensation, resettlement and life recovery implementation for DPs in accordance with conditions acceptable to DPs. - To check whether the compensation and resettlement implementation is implemented as directed by DPs or not. - To check availability and quality replacement area - To check effectiveness resettlement implementation and compensation funds - To investigate fair evaluation on claims - The internal inspection unit prepares the quarterly detailed reports on RP implementation progress. Such reports shall be forwarded to the authorities at suitable levels, the World Bank (WB) and external supervisor. External supervision: In addition to evaluating the quarterly reports, the investigations are prepared and implemented similar to the internal audit by the independent internal ficials. The independent external supervisor is responsible for: - Reviewing compensation unit prices applied for RP; inspecting field to ensure that the compensation expenses corresponding to the replacement value when RP starts to be launched, or vice versa, recommending NPC and PPC for adjustment. - Evaluating DMSs and benefits for DPs - Evaluating the Project s socio-economic impacts for DPs. - Supervising RP implementation to achieve RP s objectives, especially improving or at least maintaining income and living conditions DPs after resettlement. - Recommending the necessary amendments for the RP to obtain the RP s objectives - Giving out recommendations to improve the RP program THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 43

44 - Closely inspecting the compensation activities and being always available for claims - Preparing the semi-annual report to submit to PMB and WB, the suitable authorities at levels and representatives DPs - Designing the summary document sets after RP is completed in 6 months Such document set includes: RP detailed evaluation and RP implementation; the document also covers DPs interview on their status after being compensated and resettled as well as opinions DPs - Finally, according to the RP implementation experience background, such document must give out recommendations to improve RP effectiveness and future RPs. Terms Reference (TOR) for independent audit are composed and submitted to WB by NPC to gain agreement before inviting the independent supervisor REPORTING REGIME RP implementation shall be inspected and monitored by PC/PMUs PCs in cooperation with PCs at all levels and independent supervisors. The quarterly report shall be prepared and submitted to EVN, PCs, Project Province Power Companies and WB. A RP is not regarded as a complete version till auditing is completed or surveyor confirms that beneficiaries receive all benefits and income recovery work is conducted as planned. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 44

45 7. IMPLEMENTATION PLAN 7.1. IMPLEMENTATION RESPONSIBILITY Figure 7.1 Diagram RP implementation organization EVN: Is the Project Owner and responsible for managing and surveying, designing, arranging expenses, making payment and monitoring the RP implementation. Rural Power Sales Committee under EVN is assigned as the direct management unit the additional financing RE2. Northern Power Corporation (EVN NPC): is responsible for employing the qualified Consultant to prepare RP report; assigning qualified persons on social safety in AMB and PMUs, recommending ficials to participate into the Compensation and Resettlement Council. Project Management Unit (PMU): PMU AMB is responsible for directly managing the Project s routine activities, including preparing plan, program, expense sources and ensuring total coordination and cooperation resettlement compensation monitoring activities, designing, exercising, monitoring, evaluating and cooperating with EVN and WB. People s Committee (PC): directs/ specifies clearly the obligations relevant stakeholders in RP implementation. PC shall approve unit price for compensation, allowance and resettlement as well as establish the appraisal councils and compensation committees at all levels as well as compensation. Claim settlement the local DPs: District People s Committee (DPC): Directs the resettlement and compensation activities in their district: To direct units to launch survey on project s impact, community consultancy, popularizing policy on compensation, resettlement and RP implementation. To establish District s compensation council. To acknowledge legal status use rights or ownership other properties. To appraise and approve compensation plans for DPs within the authority.. To promulgate regulations and procedures to settle administrative issues relating to the project s implementation resettlement compensation in the district. To settle claims DPs at district level. District compensation & resettlement council: Is lead by a Vice Chairman DPC. The District Compensation Council includes representatives from Department Finance, Department Natural Resources and Environment, Department Planning & Investment, Department Trade and Industry, affected CPCs, DPs and PMU. The council is the key agency in charge implementing the RP in the district. The District CRC shall: Check compensation unit price applied in RP, recommend adjustment to the unit price in accordance with market price/ replacement price (if necessary). Cooperate with PMU to organize meetings with DPs and community to deliver information materials about compensation & resettlement, detailed measurement schedule and benefit frame DPs. Prepare the detailed implementation plan (quarterly, semi-annual and annual plan) and work closely with PMB to pay DPs benefits as scheduled in accordance with the policy and RP approval process. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 45

46 Especially focus on demand and requirements specific community groups (minor ethnic groups) and vulnerable community groups (children, elder/women as the house owner/single women). Settle questions and claims DP, difficulties during implementation and giving out solutions for outstanding issues to the PPC. Communal People s Committee (CPC): The CPC is responsible for: Assigning special ficials to facilitate implementation all compensation & resettlement in the commune. Participate into population survey, statistics and detailed measurements: Assisting unit in-charge to make population survey, investigate replacement price, detailed measurements and other compensation & resettlement activities. Cooperate with the district CRC in community meetings, popularize information and make payment for compensation/support to DPs. Checking and verifying legal status affected properties such as, building, structures and other assets DPs. Involving in activities relating to acquisition & allocation, resettlement, life recovery measures as well as social development support activities. Support DPs in resettlement and life recovery activities. Co-certifying (signing) compensation documents with DPs. Determining list poor and difficult DPs. Ensuring proper mechanism on claim/ dispute settlement Settling claims at communal level and forwarding all DPs opinion to the District CRC to suggest solutions for shortcomings (if any). Providing evidence DPs claims and maintaining claim records. Assisting and consulting DPs to promptly settle their claims. Assisting local persons to overcome difficulties in the construction phase, supporting DPs to repair their houses. Arranging in case DPs need to be compensated with. Displaced Persons (DPs): DPs make available for RP-related documents such as Certificate Land Use Rights and ownership other properties. DPs must carefully check affected assets with compensated benefits and timely conduct site clearance when receiving all compensation. External independent supervisor: is in charge RP implementation supervision and evaluation for the entire Project. The external independent supervisor shall submit periodic monitoring report during implementing compensation & resettlement and give out recommendations for known issues to PMU and WB IMPLEMENTATION PERIOD Expected implementation period: PMU and CRC: 1. To establish CRC (available) * 2. To launch community information The 1 st month 3. To start detailed measurement, inventory and survey assets The 2 nd month * District CRC has been available for on-going projects in localities. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 46

47 4. To pay compensation The third month DP: 1. To declare quantity and status assets The first month 2. To receive compensation and conduct site clearance The third month Bid invitation: To start tendering equipment Construction and installation: To launch measurement and drawing works The fifth month The sixth month (Estimated construction and installation progress is approximately 03 months) Supervision: From the 5 th month to 9 th month Notes With negligible impacts (without resettlement) and proper human resources, the community information work, detailed measurement and inventory are expected to be completed within 2 months and the factual compensation would be completed within 1 month. The aforesaid execution progress is discussed between the Consultant and PMU, taking into consideration quantity project s works, quantity related communes in each district, proper human resources and capacity to launch multiple activities. All RP activities must be successfully completed before WB releases Letter No Objection for Subprojects. Any changes in RP after WB s approval is obtained must be reviewed before implementing by WB s representative fice in Hanoi. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 47

48 8. EXPENSES Expenses for RP performance: EVN. SPC shall transfer such fud to PMU, then PMU and the district CRC are responsible for: (i) (ii) Paying compensation expense to DPs, and Making payment for expenses all RP operations EXPENDITURES OF RP PERFORMANCE Expenditures RP Performance include: Expenses for preparing RP and detailed measurement Expense for RP preparation In the initial phase RP preparation, a field worker staff is established. Such force shall conduct (a) design study and field survey, (b) prepare survey templates and statistics schedules (with primary measurement real estate and asset inventory), (c) community meetings and consultancy and distribute leaflets/questionnaires relating to the project, etc, (d) data processing and (e) RP preparation for approval. PMU AMB entered the contract with the Consultant to launch the aforesaid works: Contract value with the Consultant * : Expenses for detailed measurement and inventory 55,187,640 VND Regarding the RP performance, groups supporting works the district CRC are mobilized to launch (a) preparation detailed measurement and statistic schedule, resettlement information materials, (b) community meetings, (c) detailed measurement and inventory, (d) negotiation with DPs and (e) completing compensation schedules for DPs and submitting it to the district CRC for approval. The following human resources are estimated in accordance with the quantity local DPs as well as their affected real estates. Expenses for detailed measurement and inventory (temporarily calculated) 180,000,000VND Total expenses for RP and detailed measurement preparation: 235,187,640 VND Compensation expense Compensation for permanently and temporarily reclaimed. Compensation for temporarily and permanently affected trees and crops (including cost for cutting trees down); (For details, refer to Section Project management expense Total compensation expenses for the project) Expenses for human resources PMU and CRC: Including basic salary and allowances for administrative organization. PMBs and CRCs must cover many works during project performance and only some persons are entitled to sign the labor contract within a certain period time. * During preparing this RP, the contract has not been entered yet. The aforesaid value is estimated and recommended by the Consultant. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 48

49 Project management expense (temporarily calculated) 100,000,000 VND Expenses for training, conference and information popularization: An intermediate and elementary training course is expected to organize at the date commencing RP performance and a conference is expected to organize when compensation payment is initiated. In order to facilitate the local management divisions, the short-term training courses and conferences are recommended to launch: 01 day in Ha Nam province Expenses for training courses and conference: (including expenses technical consultancy, materials and administration) Supervision expenses 50,000,000 VND Expenses for external independent supervisor: Because it is impossible to estimate exactly expenses, it is approximately 2% total compensation and RP preparation expenses Provision As at the expected date implementing RP (expected in 2012) and experience from implemented and on-going projects with similar nature, the provision funds is about 20% total compensation and RP preparation expenses. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 49

50 8.2. TOTAL ESTIMATES FOR RP PERFORMANCE Table Total estimates RP performance Items Amount Unit: VND 1, RP preparation & detailed measurement The initial phase (RP preparation) 55,187,640 Execution phase (detailed measurement & inventory) 180,000,000 Subtotal 1 235,187,640 2, Compensation Permanent recovery 67,345,000 Temporary recovery (limit use capacity) 191,475,000 Perennial trees 14,750,000 Crops 61,248,000 Subtotal 2 334,818,000 3, Management Management 100,000,000 Training, conference and information popularization, etc 50,000,000 Subtotal 3 150,000,000 4, External independent supervisor = 2% (1+2) Subtotal 4 11,400,113 5, Standby expense = 20% (1+2) Subtotal 5 114,001,128 Total( ) 845,406,881 THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 50

51 Appendix Subproject 1. Project area 2. Policy Framework 3. Benefit matrix 4. Route agreement 5. Minutes community consultation 6. Sample questionnaires 7. Sample leaflet 8. Inventory Displaced Persons (DPs) THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 51

52 1. PROJECT AREA THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 52

53 2. POLICY FRAMEWORK 1. This policy framework is prepared in accordance with OP/BP4.12 the WB on unexpected resettlement (December 2001). The basic objectives this policy framework are to ensure all DPs shall be compensated for their losses at the replacement price and provided with life recovery measures to help them improving or at least, maintaining living standards and income generation capacity like before having the project. 2. The resettlement policy framework gives out principles and objectives, eligible criteria DP, benefits, legislative framework, compensation and resettlement method, engagement characteristics and claim procedures, guidelines on compensation, resettlement and life recovery for DPs. Table 1. Differences between the domestic laws and WB s policies and policies the RE2- additional financing. Main issue Law in Vietnam Policy the World Bank (WB) The Project s policies Persons have no legal use rights Decree No. 69/2009, Article 14 (superseding Decree No. 197/2004, Article 8), PPC or MPC under the central shall consider to support as the case may be. Insufficiency legal rights for some DPs does not prevent them from receiving compensation. All DPs, regardless ownership, social status or economic condition shall be compensated or supported for lost assets, income or business at replacement price and fully provided with measures to support them improve or at least maintaining living standards, income and production capacity like before launching the project Land compensation at replacement price Decree No. 123/2007 (amending Decree No. 188/2004), prescribing price and allowing PPC to prescribe price in the province by establishing price framework for all s and prices for each type. This price must not exceed or lower than 20% the reference price. However, in remote areas with difficult Compensation or support for all DPs includes persons having no legal ownership and all their damages at the replacement price. Replacement price survey must be conducted to ensure the project s compensation level for all types damages is equal to the replacement expenses at the date resettlement. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 53

54 Main issue Law in Vietnam Policy the World Bank (WB) socio-economic conditions and poor infrastructure when practical price in the market is lower than the minimum price as stated in the Decree, PPC shall adjust specific price applied in the province and report to Ministry Finance. Article 1, Decree No. 69/2009/ND-CP prescribes that if at the date acquisition, price determined by PPC is different from that in the market in normal condition, PPC shall re-determine price specifically and properly. The Project s policies Business without registration Decree No. 187/2004, Articles 26-28: Only registered businesses are eligible to receive support. Regarding assets excepting for, all eligible DPs, having or not having rights, should be compensated at replacement expenses in cash or replacement asset. Including DPs as tenants the buildings, lessees, workers affected businesses. Businesses fail to conduct legal registration to receive support in cash or in kind including tenants building, leases and workers. Recovery support provision Decree No. 69/2009, Articles 20 & 22: DPs losing from 30% production and above shall be supported to stabilize life and vocational training. Decree No. 17/2006 enhances this regulation and provides long-term support to poor households. According to WB's policy, impact is considered to be "negligible" if DPs are not required to remove and lost 10% production asset. The Project shall further support life recovery for all DPs with -based subsistence, including persons who lost over 20% production (and 10% is applied for poor and vulnerable groups). THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 54

55 3. BENEFIT MATRIX N o Type loss Application Definition entitled DPs 1 Temporary acquisition productive in ROW 2 Temporary acquisition residential and garden in ROW without house or structures in ROW 3 Temporary impact on residential and garden. Partial All DPs have trees, crops, other assets in ROW All DPs with orchards or trees in ROW All DPs have house/building and trees/fruit DPs with/without certificate included in the inventory or able to prove occupancy prior to cut-f date. -do- -do- Compensation Policy - Cash compensation for affected trees at the replacement cost plus cost for cutting trees, crops at market price. Number crop patterns to be compensated based on the time temporarily acquired. - No compensation for - Rehabilitate after the project construction. - Cash compensation for affected fruit trees and trees at replacement cost. - No compensation for - Rehabilitate after the project construction. House/ building: - DP can opt for : i) Remain their houses or Implementation Issues - Trees have to be cut are regulated by Article 5 the Government Decree 106/2005/ND-CP dt.aug 17 th, 2005 on the protection the high voltage networks. - PCs and local authorities determine and ensure that compensation for trees will be at the replacement cost and for crops at the market price. If DP is requested for cutting affected trees, PCs or Provinces will pay money for this work. DP has right for using salvageable trees. - Full compensation at least 01 month before clearance. Payment to DPs will be delivered by PC and/or District Resettlement Committees (DRCs). - Affected in ROW will be rehabilitated by contractors after the project construction and in ROW could be used with the restricted purposes. - Finance available for compensation and well information disclose/ disseminate to DPs and key stake holders. - Trees have to be cut are regulated by Article 5 the Government Decree 106/2005/ND-CP dt.aug 17 th, 2005 on the protection the high voltage networks. - PCs and local authorities determine and ensure that compensation for trees will be at the replacement cost. If DP is requested for cutting affected trees, PC or Provinces will pay money for this work. DP has right for using salvageable trees. - Full compensation to DPs at least 01 month before clearance. Affected in ROW will be rehabilitated by contractors after the project construction - Payment to DPs will be delivered by PCs and DRCs - Finance available for compensation and well information disclose/ disseminate to DPs and key stake holders. - House and building have to be demolished or could be existed are regulated by Article 5,6 the Government Decree 106/2005/ND-CP dt.aug 17 th, 2005 on the protection the THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 55

56 N o Type loss Application Definition entitled DPs house/building within ROW (area in ROW less than 10% total area) and the demolished area does not impact to the remaining house/building. Residential and garden outside ROW is sufficient for re-organizing (not less than 60 m 2 ). Compensation Policy trees in ROW building in ROW with the conditions regulated by Article 6 the Government Decree 106/2005/ND-CP dt.aug 17 th, 2005 on the protection the high voltage networks. Subsidy allowance for firepro materials and lightning arrestors for the existing house/building; or ii) Cash compensation for the directly affected rooms at the replacement cost and cost for demolishing an affected room. - No compensation for. - Rehabilitate after the project construction by contractors. high voltage networks. Implementation Issues - PCs and local authorities determine and ensure that compensation will be paid at the replacement cost, without deduction for salvageable materials. - DPs will demolish the impacted part/ room and reconstruct/or improve their houses themselves. - Full compensation for trees and fruit trees at least 01 month before clearance. If DP is requested for cutting affected trees, PC or project provinces will pay money for this work. DP has right for using salvageable trees. - Full entitlement payment to DPs impacted on house/building at least 03 months before clearance. - Payment to DPs will be delivered by PCs and/or DRCs - Land in ROW could be used with restricted purposes. - Finance available for compensation and well information disclose/ disseminate to DPs and all key stake holders. Tree and fruit tree 4 Temporary impact on residential and or garden. Impact more than 10% total house/building area but the demolished area will All DPs have house/building and trees/fruit trees in ROW - Compensation for affected trees and fruit trees at the replacement cost. Allowances: - Relocating allowance 30 kg rice equivalent per person per month in six months. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 56 -do- House/ building: - DP can opt for : i) Remain their houses or building in ROW with the conditions regulated by Article 6 the Government Decree 106/2005/ND-CP dt.aug 17 th, House and building have to be demolished or could be existed are regulated by Article 6 the Government Decree 106/2005/ND-CP dt.aug 17 th, 2005 on the protection the high voltage networks. - Consultation for DP s options on remains their house in ROW or move out ROW.

57 N o Type loss Application Definition entitled DPs impact to the remaining house/structure. Land outside ROW is sufficient for reorganizing (not less than 60 m2). Compensation Policy on the protection the high voltage networks. Subsidy allowance for firepro materials and lightning arrestors for the existing house/building; or ii) Cash compensation at replacement cost for full areas impacted house/building and demolish DP s house in ROW. - No compensation for. - Rehabilitate after the project construction by contractors. Tree and fruit tree Implementation Issues - PCs and local authorities determine and ensure that compensation will be replacement cost at the time payment. - DPs will demolish the impacted areas and reconstruct/or improve their houses themselves. - Full compensation for trees and fruit trees to DPs at least 01 month before clearance. If DP is requested for cutting affected trees, PMB will pay money for this work. DP has right for using salvageable trees. - Full compensation payment for impacted house and allowances to DPs at least 03 months before clearance. - Payment to DPs will be delivered by PCs and DRCs - Cleared residential could be reused with other restricted purposes. - Finance available for compensation/ rehabilitation and well information disclose/ disseminate - Compensation for affected trees and fruit trees at the replacement cost. Allowances: - Relocation allowance 30 kg rice equivalent per person per month in six months. 5 Temporary impact on residential and or garden in ROW. Full or partial house/building impacted and outside is not sufficient for reorganizing (less All DPs have house/building and trees, fruit trees in ROW -do- DPs can opt for one the followings: i) Remain their houses or building in ROW with the conditions regulated by Article 6 the Government - House and building have to be demolished or could be existed are regulated by Article 6 the Government Decree 106/2005/ND-CP dt.aug 17 th, 2005 on the protection the high voltage networks. - Consultation for DP s options on remain their house in ROW or move out ROW - PMB and local authorities determine and ensure that compensation will be at replacement cost at the time payment. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 57

58 N o Type loss Application Definition entitled DPs than 60 m2) Compensation Policy Decree 106/2005/ND-CP dt.aug 17 th, 2005 on the protection the high voltage networks. Subsidy allowance for firepro materials and lightning arrestors for the existing house/building; or ii) Cash compensation for the whole residential area which DP occupied (not only for the impacted areas) and properties associated with occupied at replacement cost. Impacted will be obtained by local authorities; or iii) Land for with the same area which DP occupied and cash at replacement Implementation Issues - Replacement, and resettlement sites development - DPs receive compensation will demolish the impacted house areas and reconstruct/or improve their houses themselves. - Full compensation payment for trees and fruit trees to DPs at least 01 month before clearance. If DP is requested for cutting affected trees, PCs or project provinces will pay money for this work. DP has right for using salvageable trees. - Full compensation for impacted house and allowances to DPs at least 05 months before clearance. - Payment to DPs will be delivered by PCs and DRCs - Cleared residential could be used with other restricted purposes. - Finance/ available for rehabilitation and restoration and well information disclose/ disseminate to DPs and key stake holders.. - PCs and local authorities will consult with DP who are eligible to restoration programs for their options and prepare proposal for restoration programs in the period RAP implementation. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 58

59 N o Type loss Application Definition entitled DPs Compensation Policy cost for the affected assets associated with. Land occupied by DP will be obtained by local authorities. Implementation Issues - Compensation for affected trees and fruit trees at the replacement cost. Allowances: - Relocating allowance 30 kg rice equivalent per person per month in six months - Transportation allowance for relocating DP according to the Compensation Decree 197/2004/ND-CP dated Dec 3 rd, 2004 GOV. - Rehabilitation assistance if DPs permanently losing business or more than 10% their incomes. - Incentive for relocating in a timely manner: maximum 5,000,000 VND/HH 6 Permanent acquisition for tower foundations, substation and access roads etc. All DPs occupied and properties associated with permanently impacted towers by -do- For DP losing productive : a. Land loss less than 10% their total holdings - Cash compensation for the lost area if the remaining plot is still economically viable. - Cash compensation for the whole - Consultation for DP s options on compensation. - PMB and local authorities determine and ensure that compensation will be at replacement cost at the time payment. - Replacement, and resettlement sites development. - DPs receiving compensation will demolish the impacted areas and reconstruct/or improve their houses themselves. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 59

60 N o Type loss Application Definition entitled DPs foundations, substation and access roads etc. Compensation Policy impacted plot if the remaining plot is not economically viable. - Cash compensation for properties associated with b. Land loss equal or more than 10% their total holdings: DP can opt for the follow ings: i) Land for with the same area and productive impacted area if the remaining plots are still economic viable and for the whole impacted plots if the remaining plots are not economic viable ii) Cash for at the replacement cost. - Compensation for trees and affected fruit trees at the replacement cost. Implementation Issues - Full compensation for trees and fruit trees to DPs at least 01 month before clearance. If DP is requested for cutting affected trees, PMB will pay money for this work. DP has right for using salvageable trees. - Full compensation for impacted house and allowances to DPs at least 03 months before clearance. - No award civil work contract before completion compensation and reorganizing houses or relocation. - Payment to DPs will be delivered by PCs and DRCs - Finance/ available for compensation/ rehabilitation and well information disclose/ disseminate. - PCs and local authorities will consult with DP who are eligible to restoration for their options and prepare proposal for restoration programs in the period RAP implementation. - DPs will be granted with Land Use Right Certificate without payment administrative fees. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 60

61 N o Type loss Application Definition entitled DPs Compensation Policy - Rehabilitation assistance. For DP losing Residential and garden : Implementation Issues - If remaining is sufficient for reorganizing (not less than 60 m2): Cash compensation for lost area and assets associated with. - If remaining is not sufficient for reorganizing: DP can opt for i) cash compensation at replacement cost for and assets on, or ii) for compensation for the whole residential area which DP occupied (not only for the impacted areas) and properties associated with occupied. For affected house and building, the same entitlement to DP categories 3 or 4 or 5. 7 DP impacted on business or other services All DPs impacted on business and other services -do- (a) Temporary impact on business or other services. Compensation for income lost in the affected time (b) Permanent impact on business or other services. - Full compensation for incomes lost to DPs at least 01 month before clearance. - PCs and local authorities will consult with DP who are eligible to rehabilitation for their options and prepare proposal for rehabilitation programs in the period RAP implementation. (c) Rehabilitation assistance. 8 Public Work Temporary Impacts All impacted institutional DPs (who directly All impacted institutional DPs shall be Alternative measures to maintain the normal functional the public work (i.e road, water supply, drainage system, telephone Contract (s) with Contractor (s) should bear one article on this specific responsibility the contractor (s) Approach for institutional DPs for cooperation THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 61

62 N o Type loss Application Definition entitled DPs manage and operate such impacted public work system) approached in advance for cooperation for impact mitigation measure as well as measure for maintaining the normal functioning their impacted system by the Contractor (s) line ect) Compensation Policy Reinstatement after the project construction All expense on alternative measures to maintain the normal functioning the impacted system shall be born by Contractor (s) Permanent Impacts -do- -do- Alternative measures to maintain the normal functional the public work (i.e road, water supply, drainage system, telephone line ect) All expense on alternative measures to maintain the normal functioning the impacted system shall be born by Contractor (s) Implementation Issues Arrange and pay the expenses for te alternative measures to maintain the normal functioning the impacted system to the satisfaction the institutional DPs. -do- Complete the work for alternative solution prior to commencement the project work. THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 62

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