VIE: Power Transmission Investment Program, Tranche 2 Cau Bong-Duc Hoa Transmission Line

Transcription

1 Social Monitoring Report Semi-Annual Monitoring Report January June 2015 VIE: Power Transmission Investment Program, Tranche 2 Cau Bong-Duc Hoa Transmission Line Prepared by the Southern Vietnam Power Projects Management Board for the National Power Transmission Corporation and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 NATIONAL POWER TRANSMISSION CORPORATION SOUTHERN POWER PROJECT MANAGEMENT BOARD Project Number: Period: Jan - Jun, 2015 SEMI-ANNUAL INTERNAL MONITORING REPORT ON IMPLEMENTATION OF RESETTLEMENT PLAN POWER TRANSMISSION INVESTMENT PROGRAM - TRANCHE 2 PROJECT: 220KV CAU BONG - DUC HOA TRANSMISSION LINE HO CHI MINH CITY, July 2015

3 ABBREVIATIONS ADB AP AH CARB CPC DMS DP DPC EVN GoV HH IOL LURC NPT PPC REMDF ROW RP SES SPPMB SPS USD VND Asian Development Bank (project) Affected Person (project) Affected Household Compensation, Assistance and Resettlement Board Commune People s Committee Detailed Measurement Survey Displaced Persons District People s Committee Vietnam Electricity Government Household Inventory of Losses Land Use Rights Certificate National Power Transmission Corporation Provincial Peoples Committee Resettlement and Ethnic Minority Development Framework Right of Way Resettlement Plan Socio-Economic Survey Southern Power Projects Management Board Safeguard Policy Statement United States Dollars Viet Nam Dong 220KV Cau Bong Duc Hoa transmission line i

4 TABLE OF CONTENTS PART I - INTRODUCTION... 1 I. PROJECT DESCRIPTION... 1 II. PROJECT IMPACTS... 2 III. PROGRESS OF THE PROJECT IMPLEMENTATION Progress of the Project Construction Progress of URP Implementation... 3 IV. SAFEGUARD POLICY AND HUMAN RESOURCES Project Policy and Compliance with Government s Regulations and ADB s Requirements Safeguards team... 7 PART II - IMPLEMENTATION OF SAFEGUARD POLICY... 9 I. PUBLIC CONSULTATION, PARTICIPATION, AND INFORMATION DISCLOSURE.. 9 II. DETAILED MEASUREMENT SURVEY AND ENTITLEMENT III. COMPENSATION PAYMENT AND ASSISTANCE Compensation Payment and Assistance for AHs Compensation Payment and Assistance for Relocated HHs Other Support for Severely AHs and Vulnerable Groups IV. LAND ACQUISITION V. ISSUE CONCERNING GENDER VI. GRIEVANCES REDRESS MECHANISM PART III - MONITORING I. INTERNAL MONITORING II. MONITORING THE COMPLIANCE OF RP IMPLEMENTATION PART IV - CONCLUSION AND RECOMMENDATION I. CONCLUSION AND RECOMMENDATION Conclusion Recommendation II. PLAN FOR THE NEXT PERIOD PART V - APPENDIX Appendix 1. Project Impacts Appendix 2. Progress on RP implementation Appendix 3. Project Entitlement Matrix Appendix 4. Payment minutes for AHs Appendix 5. SPMB s document on asking for the undertakings to accelerate the implementation of compensation process KV Cau Bong Duc Hoa transmission line ii

5 5.6 Appendix 6. SPMB s document on asking for Cu Chi District support and stakeholders to string cable of the Cau Bong Duc Hoa 220KV TL project through Cu Chi District Appendix 7. Conclusion document of deputy of Cu Chi DPC Mr. Nguyen Viet Dung for resolving complaints of AHs by the Cau Bong Duc Hoa 220KV TL project Appendix 8. Public Information Booklet Appendix 9. Some pictures from Public Consultation Meetings Appendix 10. List of HHs who have received compensation in advance KV Cau Bong Duc Hoa transmission line iii

6 LIST OF TABLES Table 1: Location of points... 1 Table 2: Project Impacts... 2 Table 3: Construction works up to July Table 4: URP implementation progress up to July Table 5: Members of monitoring team... 8 Table 6: Dates of public consultations on RP implementation Table 7: DMS implementation progress in affected communes Table 8: Amount of advance payment for project construction Table 9: Summary of complaint and resolving status until present Table 10: Summary of submitted internal monitoring report KV Cau Bong Duc Hoa transmission line iv

7 PART I - INTRODUCTION I. PROJECT DESCRIPTION 1. The Cau Bong - Duc Hoa 220 kv Transmission Line (TL) Project has a total length of km. It startes in Nhuan Duc Commune of Cu Chi District, Ho Chi Minh City and end in Duc Hoa Substation of Tan My Commune, Duc Hoa District, Long An Province. A double circuit connection is created among the Cau Bong 220kV Substation which was financed partly by the World Bank and the new substations at Cu Chi financed by the Ho Chi Minh Electricity Company and the Duc Hoa 220kV Substation in neighboring Long An Province (to be partly financed by JICA). The corresponding TL uses partly the right-of-way (ROW) of the existing 110kV Phu Hoa Dong - Trang Bang TL and partly the ROW of the 110kV Tan Phu Trung Industrial Park TL. These existing 100kV TLs would be dismantled on that section of the ROW used by the new Project and the corresponding 110kV circuits would be relocated on the new TL. Table 1: Location of points No. Starting ending point City/ Province District Commune Length (m) 1 G3.11-G4.1 Ho Chi Minh 2 G4.1-G4.1A Ho Chi Minh Nhuan Duc, Trung Lap Ha 125 1,163 3 G4.1A-G4.1B Ho Chi Minh Nhuan Duc G4.1B-G4.1C Ho Chi Minh G4.1C-G4.1D Ho Chi Minh Nhuan Duc, Trung Lap Ha 3,559 6 G4.1D-G4.2 Ho Chi Minh Cu Chi Trung Lap Ha G4.2-G4.3 Ho Chi Minh Phuoc Hiep 1,760 8 G4.3-G4.4 Ho Chi Minh 444 Phuoc Thanh 9 G4.4-G4.5 Ho Chi Minh G4.5-G4.6 Ho Chi Minh 1,145 Thai My 11 G4.6-G4.7 Ho Chi Minh 323 Subtotal , G4.7-G4.8 Long An 2, G4.8-G4.9 Long An 834 Duc Hoa Tan My 14 G4.9-DC Long An DC-220kV Long An 70 Subtotal ,296 TOTAL , Land would be required for the following based on the above technical requirements: (i) right-of-way; (ii) suspension towers; and, (iii) tension towers. No land is required for the earth grounding zone because this is a 220kV TL and subject to a range of conditions. Cau Bong - Duc Hoa 220kV Transmission Line Project 1

8 Houses and other physical structures need not be relocated outside what is termed in Decree 14/2014/NP-CP dated 26th February 2014, the power transmission safety corridor. However, they have to be earthed if metal structures also constitute a portion of the physical structure or fireproofed if made of combustible construction materials. II. PROJECT IMPACTS 3. Results of Detailed Measurement Survey (DMS) showed that the implementation of the Project will cause land restrictions and acquisition in six (06) communes, of which five (05) communes belong to Cu Chi District, Ho Chi Minh City namely Nhuan Duc, Phuoc Hiep, Trung Lap Ha, Phuoc Thanh and Thai My, and one (01) commune of Tan My belongs to Duc Hoa District, Long An Province. Table 2: Project Impacts Province District and commune Number of AH Number of affected institution Cu Chi District Nhuan Duc commune 50 Ho Chi Minh City Phuoc Hiep commune 5 Trung Lap Ha commune 92 1 Phuoc Thanh commune 89 Thai My commune 49 1 Long An Province Duc Hoa District 11 Tan My commune 11 Total There are 296 households (1,206 persons) and 02 organizations namely Trung Lap Ha CPC and Tam Tan Farm affected by the restrictions and land acquisition. The Project will affect 266,704.2 m² of land, of which 252,625.5 m² is covered in restriction on lands under the ROW and 14,077.7 m² of land is permanently acquired. The Project affects 89,289.1 m 2 of rice, 14,370.1 m 2 of other annual crops (maize, cucumber, cassava, etc.), 76,006 trees (including fruit trees, timbers, ornamental trees and shade trees). There are 16 houses of 14 AHs which are located under the ROW. 5. Of 296 HHs and 2 organizations affected by land acquisition, there are 87 HHs having only land affected, 193 HHs having land and crops and trees affected, 14 HHs having land, houses and other structures. 6. There are not any public facilities, historical and cultural structures affected by the project implementation. Cau Bong - Duc Hoa 220kV Transmission Line Project 2

9 III. PROGRESS OF THE PROJECT IMPLEMENTATION 3.1 Progress of the Project Construction 7. There are three contractors carrying out the construction for the Cau Bong - Duc Hoa 220kV TL project that are the Song Da Joint-venture 11; Song Da Co. Ltd. 11 Thang Long and IEC. 8. The construction works of the Cau Bong - Duc Hoa 220kV TL was commenced in December However, the construction works of the project have only been implemented when there were agreement of affected households from April As the construction and installation progress, up to the end of June 2015, the works carried out by the three contractors of Song Da Joint-venture 11; Song Da Co. Ltd. 11 Thang Long and IEC have been under the planned progress as table below. Table 3: Construction works up to July 2015 Item Activities Unit Design volume Construction volume Completion rate 1 Foundation excavation Tower foundation % 2 Foundation concretion Tower foundation % 3 Backfilling Tower foundation % 4 Grounding for tower Tower % 5 Tower erection Tower % 6 Cable stringing m 13, %* * Cable stringing has been carried out from tower 18 to 19 and from tower 01 to G Contractors are assembling towers at the positions 6 and 32. Disadvantage during contractor construction include: (1) clearance site have not been yet implemented completely at the positions 10, 13 and 34; (2) AHs at the positions 12, 16 and 21 have not assembled towers, they requested paying compensation before they allow assembling tower. 10. Plan of compensation and support have been delayed in comparison with the site clearance and construction progress as well as overall plan of the project. However, to meet with the progress of the construction works, at almost all positions, the contractors and AHs have signed an agreement in which the contractor pays AHs in advance to support for their affected land and assets and get site handover for construction of tower foundation. 3.2 Progress of URP Implementation 11. Updated RP of the project approved by ADB in October The update RP were established based on reuslt of DMS and the approved resettlement policy framework which was established during RP preparation stage. The policy framework is consistent with the governing policies of the REMDF concurred by ADB and NPT that were applied in all TL projects of the Power Transmission Investment Program. 12. In Duc Hoa District: Up to the last quarter of 2015, Duc Hoa DPC issued the Decisions No. 5555/QD-UBND, 5557/QD-UBND, 5558/QD-UBND, 5559/QD-UBND, 5560/QD-UBND dated June 30, 2014 and 139/QD-UBND dated January 15th, 2015 Cau Bong - Duc Hoa 220kV Transmission Line Project 3

10 approving the Compensation Plan of the Cau Bong - Duc Hoa 220kV TL Project through Tan My commune for 6 affected households. There are 5/11 HHs and 1 organization received payment for compensation and support (one affected by ROW and four by towers - No.40, 41, 42, 43) with total amonut of VND294,412,308. Up to this quarter of 2015, Duc Hoa DPC issued continuously the decision No. 2339/QD-UBND dated April 24th, 2015 and decision No. 4576/QD-UBND dated May 3rd, 2015 approving additional the compensation plan of the Cau Bong Duc Hoa 220KV TL project through Tan My commune and paid completely for 5 AHs with amount of VND 259,238,500 in period from May 12th, 2015 to June 6th, In general, the compensation implementation in Duc Hoa district has had much change advantageously in compare with the last quarter. 13. In Cu Chi district, DMS have been carried out completely for 39/39 (49 households and 2 organizations) tower foundations and 531/531 compensation records of 272 affected households within ROW. 36/39 tower foundations were handed over ground for project construction. Three positions (10,13 and 34) have not been yet handed over ground for construction because AHs request calculating compensation sheet and pay before constructing. In case the compensation plan have not yet been established and approved so that the compensation payment could not be done. AHs request SPMB, Cu Chi CARB and contractor must pay in advance before construction. Cu Chi CARB and contractors cooperated with together to negotiate AHs for project construction from March 9, 2015 to March 11, After that, from April 27th, 2015 to May 21st, 2015 SPMB has negotiated with households who affected at positions 10, 13 and 34 for handing over ground. However, almost of AHs have not agreed handed over ground for project construction. They only hand over ground when they have received compensation or advance from contractors. 14. Of which 531 compensation records, there are 10 records need to be implemented verification include: 3 records at Trung Lap Ha commune, 2 records at Nhuan Duc commune and 5 records at Thai My commune. The communes of people s committee and the Department of Natural Resources has been checking and determining the legal sovereignty of records. Total AHs are 285 HHs and 02 organizations. Until now, the compensation, allowance and resettlement plan has not been done. Cu Chi DPC has issued document No. 5008/UBND-BTGPMB dated July 7th, 2014 submitted to the City s compensation appraisal council on appraising land price for calculating compensation and allowance. However, Ho Chi Minh City PC has not had yet instruction for calculating compensation, allowance price. 15. In the April 14th, 2015, SPMB has issued document No. 2546/QMN-DB on asking for the undertakings to accelerate the implementation of compensation process. Contents of the document were summarized such as: 1) Ho Chi Minh city PC issues document allows applying the draft compensation, allowance policy according the document No. 1844/TNMT- KTD dated March 26th, 2015 of City s MONRE submitted to Ho Chi Minh City PC; 2) Ho Chi Minh city PC allows applying ADB s policy according the document No. 1865/UBND-DTMT dated April 9th, 2015 of Ho Chi Minh city PC for difference policies between the Land Law 2013 and ADB s policy. The original document, please reference to appendix. Present, it is being processed by Ho Chi Minh city PC. 16. Ho Chi Minh city PC issued the decision No. 23/2015/QD-UBND dated May 15th, 2015 on regulating for compensation, allowance and resettlement when the state recover Cau Bong - Duc Hoa 220kV Transmission Line Project 4

11 land on the Ho Chi Minh City area. However, until present it has not had implementation instructions. In the June 29th, 2015, SPMB issued document No. 4579/SPMB-DB on requesting for Cu Chi District support and stakeholders for stringing cable of the Cau Bong Duc Hoa 220KV TL project through the Cu Chi District. 17. For the Cau Bong - Duc Hoa 220kV TL, the Resettlement Plan is carried out following its steps conformed to the project s policy, and the progress of RP implementation is as table below. Table 4: URP implementation progress up to July 2015 RP Implementation Activities Ho Chi Minh City Cu Chi Dist. Long An Duc Hoa Dist. Nhuan Duc Phuoc Hiep Trung Lap Ha Phuoc Thanh Thai My Tan My Information Disclosure and Public Consultation 100% 100% 100% 100% 100% 100% Detailed Measurement Survey 100% 100% 100% 100% 100% 100% Preparing Compensation Plan 100% 100% 100% 100% 100% 100% Consulting and Counseling with the APs on compensation plan Finalizing the Compensation Plan and submit for approval Compensation Plan verifying and approval 0% 0% 0% 0% 0% 100% 0% 0% 0% 0% 0% 100% 0% 0% 0% 0% 0% 100% Compensation Payment 0% 0% 0% 0% 0% 100% Site Clearance 92% 92% 92% 92% 92% 100% Independent Monitoring Has not yet contracted with contractor IV. SAFEGUARD POLICY AND HUMAN RESOURCES 4.1 Project Policy and Compliance with Government s Regulations and ADB s Requirements 18. The NPT has reconciled the provisions from Safeguard Requirement 2: Involuntary Resettlement of the SPS 2009 and other cross-cutting policy themes of ADB, and the relevant laws of the GoV, from where the legal and policy framework for the compensation, resettlement and rehabilitation of DPs were formulated. The framework is consistent with the governing policies of the REMDF concurred by ADB and NPT that will be applied in all TL projects of the Power Transmission Investment Program. 19. The ADB Safeguard Policy Statement (2009) consolidates three existing safeguard policies: Involuntary Resettlement (IR), Indigenous Peoples (IP), and Environment. The objectives of the IR policy are to: (i) avoid involuntary resettlement wherever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives; (iii) enhance, or Cau Bong - Duc Hoa 220kV Transmission Line Project 5

12 at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) improve the standards of living of the displaced poor and other vulnerable groups. 20. To address the discrepancies between ADB Safeguard Policy and relevant GoV regulations, the project principles on resettlement policy are as follows: a. Meaningful consultations have been carried out with the APs and concerned groups and ensure participation from planning up to implementation. The comments and suggestions of the APs and communities have been taken into account; b. The RP is disclosed to APs in a form and language that understandable to them; c. Involuntary resettlement and impacts on land, structures and other fixed assets are avoided or minimized where possible; d. Compensation and assistance is based on the principle of replacement cost; e. Severely affected household is entitled when they are losing 10% or more of the household s productive land; f. Special assistance has been incorporated in the resettlement plan to protect socially and economically vulnerable groups such as households headed by women, children, disabled, the elderly, landless and people living below the provincial poverty line; g. Gender concerns are incorporated through RP implementation; h. Reporting and independent monitoring is defined as a part of the subproject management system. Periodically independent monitoring on implementation of RP has been implemented. 21. Since the 1 st July, 2014, the updated and amended compensation and resettlement policy of the Government of Vietnam had been entered into force which are applied in the implementation of the updated RP include: (i) The newly revised Land Law 2013 No.45/2013/QH13 dated November 29 th, 2013; (ii) (iii) (iv) (v) Decree No.43/2014/ND-CP dated May 15 th, 2014 guiding the implementation of the Land Law 2013; Decree No.44/2014/ND-CP dated May 15 th, 2014 regulating land price; Decree No.45/2014/ND-CP dated May 15 th, 2014 regulating collection of land use levy; Decree No.47/2014/ND-CP dated May 15 th, 2014 on compensation, assistance, rehabilitation and resettlement in the event of land recovery by the State. 22. At the national level, however, policy framework on land acquisition, compensation and resettlement came into force, the provincial level decision guiding the implementation of the Land Law as well as provisions on compensation, support and resettlement at province level by Ho Chi Minh City People s Committee are going on. This process of preparing a decision of the City PC is taking time and that leads to the delay of issuing the compensation plans and compensation payment. 23. Details of project policy for compensation and allowances are indicated in the Entitlement Matrix (see Appendix 3). Cau Bong - Duc Hoa 220kV Transmission Line Project 6

13 4.2 Safeguards team 24. Monitoring and evaluation the implementation of compensation and assistance activities is continuously conducted to ensure that activities have been carried out effectively and sufficiently as per the RP and mitigation measures of the project. 25. The NPT and the SPPMB have joint responsibilities in the internal monitoring of the RP implementation with results will be reported to ADB on quarterly basis. All activities in resettlement are time bounded and the progress of implementation will be obtained by SPPMB from the field on monthly basis and transmit them to the PICs for its assessment, and adjust the work program if necessary. The monthly internal monitoring reports will cover those related to performance indicating the measurement of input indicators against proposed timetable and budget including the provision and physical delivery of compensation, repair of houses and structures and assistance to APs, including grievance and redress, among others. 26. SPPMB had assigned a full-time team allocated from its Compensation Department for supervising and implementation of the RP. Compensation Department has assigned tasks to support the Director Board on the implementation of compensation, land clearance, resettlement and environmental impact assessment. It has a total number of 22 staff specializing in both resettlement and environment aspects. For this project, five persons are frequently involved in the assigned works. 27. In addition, in June 2014 two consultants (resettlement and environment) were recruited and mobilized on intermittent basis to support the implementation of project s resettlement and environment safeguard policy (resettlement consultant had terminated the contract from early of Until early of June 2016, SPMB has signed contract with other consultant for replacing the former consultant). PICs closely work with safeguards team under SPPMB in the implementation of RP. The resettlement consultant has assisted SPPMB team to: (i) (ii) (iii) (iv) (v) Continue undertaking the consultation and disclosure programs. Ensure that options or agreements reached with affected people (APs) in terms of replacement of assets, i.e. cash or in-kind are provided in a timely manner. Establish and implement liaison mechanisms to ensure proper technical and logistical support to SPPMB and DCARBs, as well as procedures for a centralized resettlement and social management information system and internal monitoring. Assist in the implementation of all resettlement activities, and ensure that the terms of references are properly and effectively achieved. Review and assess grievance redress mechanism and ensure that the responsibilities, reporting requirements, and budget allocation to support the committee's functions are in place. Carry out on-the-job training on consultation and grievance mechanism strategies to SPMB, CARBs and mass organizations, so they will be able to provide correct and clear information and culturally appropriate support to affected persons. Cau Bong - Duc Hoa 220kV Transmission Line Project 7

14 (vi) Assist in the preparation of quarterly progress and internal monitoring reports to be submitted to NPT and then forwarded to ADB. Table 5: Members of monitoring team No. Name Position Responsibility 1 Mr. Nguyen Hai Dang Head, Dept. Compensation Overall management of RP implementation of the project 2 Mr. Le Tuan Anh 3 Mr. Phan Van Tranh 4 Mr. Le Trong Man Deputy head, Compensation Dept. Expert, Compensation Dept. Expert, Compensation Dept. Supervising and reporting the progress of RP implementation of the project Supervising and reporting the progress of RP implementation of two subprojects Supervising implementation of RP 5 Mr. Nguyen Huynh Duc Tuan Expert, Compensation Dept. Supervising implementation of RP Mr. Le Trung Thong has 6 been replaced by Mr. Nguyen Truong Thong Resettlement Consultant Support SPPMB in the implementation of resettlement safeguard policy from May 31 th, Mr. Duong Dinh Dung Environmental Consultant Support SPPMB in the implementation of environmental safeguard policy Cau Bong - Duc Hoa 220kV Transmission Line Project 8

15 PART II - IMPLEMENTATION OF SAFEGUARD POLICY I. PUBLIC CONSULTATION, PARTICIPATION, AND INFORMATION DISCLOSURE 28. Information disclosure and public consultation have been implementing continuously by SPMB. However, from the last quarter to now there are no meetings for information disclosure and public consultation were implemented. Because, compensation plan has not been established yet so that it could not carry out meeting for information disclosure and public consultation. Therefore, the below descriptions are mentioned again from the last quarter report. 29. In compliance with GoV s Land Law 2013 (Article 48, Article 67, and Article 69), SPS (2009) and ADB s Public Communication Policy: Disclosure and Exchange of Information (2011), the SPMB, as representative of NPT in Southern Vietnam, promotes the active participation of the Project-based stakeholders. They have been identified during the series of disclosures and public consultations at District, commune and village levels, involving stakeholders such as the District level CARBs, CPCs, mass organizations, non-ap residents, and the APs. 30. The disclosure of information, with the consultation and participation of all APs and relevant stakeholders, will help minimize the risk of disputes and Project delay. This also facilitates the Project to design resettlement and rehabilitation program as a comprehensive development program that meets the needs, preferences and social benefits of the project investment. Information disclosure will also be done throughout project cycle with the updated policies. 31. After the updated RP approved by ADB in October 2014, the updated RP has been provided to relevant stakeholders and posted in public in order to ensure involving stakeholders such as the District level CARBs, CPCs, mass organizations, non-ap residents, and the APs be fully informed and understood and to implement the RP conforming project s policies and regulations. 32. The Project PIB was also distributed to the AHs, in which the following information included (i) a brief background of the Project, especially the main works to be undertaken and the scale of land acquisition; (ii) impacts on land and on-land assets; (iii) the entitlements due to affected land and assets; (iv) detailed plan of implementation of compensation, assistance and resettlement payments and (v) grievance redress mechanism. 33. During the information disclosure and public consultation campaign organized from December 19 to 27, 2014 in the project communes, which are Trung Lap Ha, Thai My, Nhuan Duc, Phuoc Thanh, project implementation consultation in cooperation with SPMB carried out intensive consultations with relevant stakeholders (CARBs, CPCs, APs) to disclose and consult the stakeholders, information disclosure are including: (i) Scope of project, right-of-way, and location of towers: AHs and local authorities were informed and understood about the importance and necessity of the project, project scope, locations of tower foundations and the ROW going through the communes. The local people and authorities are all come to common consent and support to the Cau Bong - Duc Hoa 220kV Transmission Line Project 9

16 implementation of the project that will contribute to the development of local socioeconomic condition and national power grid development as well. (ii) (iii) (iv) (v) (vi) Scope of land acquisition; alternatives of land acquisition mitigation: The project will have two types of impacts: land acquisition for construction of tower foundations and land use restriction under ROW. Potential impacts (both positive and negative) of the land acquisition on affected households/community, on culture, religion, ethnicity, and on women: For almost of AHs the land acquisition made minor impacts on their livelihood and religion. Entitlements of affected households/community; gender and ethnic minority policies and strategies: The AHs were informed and understood about the current policies and regulations of the GoV, as well as Ho Chi Minh City and Long An Province People s Committee on compensation, support and resettlement, and their entitlements and obligations during the implementation of the project. Income restoration activities for severely affected households, and vulnerable groups: No severely AH is in existence so income restoration activities are not required. Procedures and action plan for compensation payment, support and resettlement: The procedures and plan for the implementation payment for compensation, support and resettlement must be publicly disclosed to all AHs to know to strictly implement and monitor according to project policies and entitlements. (vii) Grievance redress mechanism: AHs were disclosed and understood about the procedures and steps of logging complaints and grievance redress mechanism by four steps based on the principles of publicity, democracy, protection of rights and interests of the APs. 34. The APs during the discussions raised their issues of concerns, mentioning about: (i) (ii) (iii) (iv) In several locations, the tower foundation is too close to the houses and structures. Safety measures should be applied to protect people s life and assets. For this case, according to the Decision No.14/2014/ND-CP, if the safety distance is less than 6 meters, houses and structures are to be dismantled. The Project implementation plan, particularly compensation plan, should be informed as soon as possible so that they can prepare for themselves to repair their houses and/or to have time in collecting their agricultural products and avoid waste. The contractors during the construction stage have unintentionally made damages on AH s crops and trees but did not pay compensation. It is requested that the contractors must take measures implementing the environmental protection plan during construction and if they made affected the agricultural lands, they must pay compensation for the damages. Temporary land acquisition should be minimized to avoid great impacts to residents. In case where unavoidable, contractors must made agreement with AHs for the temporary impact and adequate payment should be made for the AHs. Cau Bong - Duc Hoa 220kV Transmission Line Project 10

17 (v) If land is acquired, compensation must be in accordance with the current government regulation and ADB policies. (vi) For households whose houses are near the ROWs, the Project should ensure that electromagnetic field will not affect their health; otherwise they should be relocated from that area. (vii) The advance payment should be made with the witness of four parties (contractors, SPMB, CPC s representatives and the APs) for the reason that the then compensation amount in case of higher or lower still ensures the legitimate entitlements of the APs. CPC shall be then certified for that payment. (viii) The reasonable demands of the AHs (upgrade of houses and structures, household splitting) in the remaining land area that was not acquired and/or under ROW should be considered and permitted by project and local authorities. For this case, it should be conformed to the Circular No.31/2014/TT-BCT of the Ministry of Industry and Trade regulating in detail power safety contents. (ix) (x) Some AHs having land acquired for tower construction, the remaining land areas are cut in the bias, deformed, and too small that could not be further used or hard to use. It was proposed that the project should consider and work out for the acquisition of the remaining land. Losses made by temporary impacts even after the stage of tower construction have not been fully and adequately paid and borrowed land was not fully restored as the prior construction condition. The farmers are in the main cropping season but could not continue to do their production because excavated and filled land becomes aluminous contaminated that causes losses for the AHs. The work of construction monitor is not given full attention so that the restoration of temporarily borrowed land could not be done timely and satisfactorily. 35. The above-mentioned issues of concerns and proposals from the APs were listened and consulted by resettlement consultant and representatives of SPMB then clearly explained and discussed at the meetings in terms of project policies, entitlements as well as obligations of the APs. Some cases with the AHs, however, the situation should be investigated in the site. The SPMB requested contractors to be engaged together with SPMB to work directly with the AHs at the site to resolve the problems satisfying AHs requirements and arrange the compensation at AH s satisfaction at the soonest time. 36. The above-mentioned issues of concerns and proposals from the APs were listened and consulted by resettlement consultant and representatives of SPPMB then clearly explained and discussed at the meetings in terms of project policies, entitlements as well as obligations of the APs. Some cases with the AHs, however, the situation should be investigated in the site. The SPPMB requested contractors to be engaged together with SPPMB to work directly with the AHs at the site to resolve the problems satisfying AHs requirements and arrange the compensation at AH s satisfaction at the soonest time. Table 6: Dates of public consultations on RP implementation Cau Bong - Duc Hoa 220kV Transmission Line Project 11

18 Dates of Number of Participants Communes Consultations Total Male Female Nhuan Duc 25 December Phuoc Hiep 12 Juanary Phuoc Thanh 24 December Trung Lap Ha 26 December Thai My 27 December Tan My 24 Juanary Total Public meetings and village discussions with affected households and local officials were carried out in this stage of the implementation of resettlement plan. These activities will be continued to ensure that affected households concerns and grievances are addressed and resolved in a timely and satisfactory manner. Affected households are fully aware of their rights for grievance mechanisms about any aspects of the project and they can lodge their complaints at any time during the project implementation. II. DETAILED MEASUREMENT SURVEY AND ENTITLEMENT 38. Detailed Measurement Survey (DMS) has been carried out since May It is already completed in August 2014 and now on the process of reviewing the ownership of APs property and approval of compensation plan. During DMS, enumeration was conducted fully and exactly for all lost land and assets on land of the AHs and affected communities. The results of the numeration was publicly disclosed and posted on commune s office for AHs to recheck and complain for correction (if any). There is no complaint related to the results of the DMS before the established compensation plan. The detailed measurement survey progress described as below: 1) In Duc Hoa District: DCSCC have surveyed DMS for 11/11 AHs and 1 organization (100%). 2) In Cu Chi District: a) Foundation: DCSCC have surveyed DMS for 39/39 positions with 49/49 AHs and 02 organizations (100%). b) ROW: 531/531 compensation records of 272/272 HHs who affected under ROW have been surveyed completely (100%). Of which 531 compensation records, there are 10 records need to be implemented verification include: 3 records at Trung Lap Ha commune, 2 records at Nhuan Duc commune and 5 records at Thai My commune. The communes of people s committee and the Department of Natural Resources has been checking and determining the legal sovereignty of records. 39. The DMS implementation with participation of many stakeholders such as: Represent of DCSCC, SPMB, head of villages, cadastral officer of affected commune, APs. 40. During DMS, enumeration was conducted fully and exactly for all lost land and assets on land of the AHs and affected communities. The results of the numeration was publicly disclosed and posted on commune s office for AHs to recheck and complain for correction (if any). APs were announced schedule for DMS before and required attending, so almost of Cau Bong - Duc Hoa 220kV Transmission Line Project 12

19 APs attended in detailed measurement survey progress. After DMS, APs rechecked their affected assets and signed on the DMS minutes. They were supplied a copy minutes of DMS for storing. So far, No households who has complained related to the results of the DMS. DMS progress described as table below. Table 7: DMS implementation progress in affected communes District Commune Detailed Measurement Survey Starting date Finishing date Nhuan Duc 15/6/ /6/2014 Phuoc Hiep 15/6/ /6/2014 Cu Chi Phuoc Thanh 15/6/ /6/2014 Trung Lap Ha 15/6/ /6/2014 Thai My 15/6/ /6/2014 Duc Hoa Tan My 15/6/ /6/ Price survey and appraisal: Price survey for compensating for affected land and assets of the project was carried out by DCSCCs. Until the end of this quarter, Cu Chi DCSCC has signed contract with Exim Price appraisal JSC for surveying price for the project. In July 7th, 2014 Cu Chi DPC has issued document No. 5008/UBND-BTGPMB submitted to the City s compensation appraisal council on appraising land price for calculating compensation and allowance. However, Ho Chi Minh City PC has not had yet instruction for calculating compensation, allowance price. 42. Until present, the compensation plan of the project has not yet prepared completely, so in the next report will be mentioned compensation entitlement for APs. 43. Restoration of APs income. Severely affected households according to project policy will receive full assistances such as living stabilization assistance, occupation conversion assistance, and business stabilization assistance. Assistance in cash will be paid along with other compensation payments. So far, there are no AHs entitled as severely affected household. 44. The project policy recognizes specific group of AHs as vulnerable which includes (i) female headed households without support; (ii) disabled household heads; (iii) poor households; (iv) children and the elderly headed households who are landless and with no other means of support; (v) landless households; and (vi) ethnic minorities. According to Ho Chi Minh City regulations on the poor, none of AHs was considered as vulnerable as poor HH. No household shall become vulnerable due to the land acquisition of the Project. III. COMPENSATION PAYMENT AND ASSISTANCE 1.1 Compensation Payment and Assistance for AHs 45. In Duc Hoa District: Up to the last quarter of 2015, Duc Hoa DPC issued the Decisions No. 5555/QD-UBND, 5557/QD-UBND, 5558/QD-UBND, 5559/QD-UBND, 5560/QD-UBND dated June 30, 2014 and 139/QD-UBND dated January 15th, 2015 approving the Compensation Plan of the Cau Bong - Duc Hoa 220kV TL Project through Tan My commune for 6 affected households. There are 5/11 HHs and 1 organization received Cau Bong - Duc Hoa 220kV Transmission Line Project 13

20 payment for compensation and support (two affected by ROW and four by towers - No.40, 41, 42, 43) with total amount of VND 294,412,308. Up to this quarter of 2015, Duc Hoa DPC issued continuously the decision No. 2339/QD-UBND dated April 24th, 2015 and decision No. 4576/QD-UBND dated May 3rd, 2015 approving additional the compensation plan of the Cau Bong Duc Hoa 220KV TL project through Tan My commune and paid completely for 5 AHs with amount of VND 259,238,500 in period from May 12th, 2015 to June 6th, Compensation payment for all AHs of the project is expected implemented completely in the next quarter. 46. In Cu Chi District, DMS have been carried out completely for 39/39 (49 households and 2 organizations) tower foundations and 531/531 compensation records of 272 affected households within ROW. 36/39 tower foundations were handed over ground for project construction. 3 positions (10, 13 and 34) have not been yet handed over ground for construction because affected households request calculating compensation sheet and pay before constructing. In case the compensation plan have not yet been established and approved so that the compensation payment could not be done. AHs request SPMB, Cu Chi CARB and contractor must pay in advance before construction. Cu Chi CARB and contractors cooperated with together to negotiate AHs for project construction from March 9, 2015 to March 11, After that, from April 27th, 2015 to May 21st, 2015 SPMB has negotiated with households who affected at positions 10, 13 and 34 for handing over ground. However, almost of AHs have not agreed handed over ground for project construction. They only hand over ground when they have received compensation or advance from contractors. 47. Until the end of March, 2015 the contractors have paid in advance for 17 AHs for land handover for construction of towers, with a total amount of VND 447,400, In May, 2015, the contractor has paid advance compensation for 01 AHs (Nguyen Thanh Hai belong to Phuoc Thanh commune at position 30 with amount VND ). Also in this quarter, the contractor has negotiated with an affected household (Mr. Hua Quoc Huy belong to Trung Lap Ha Commune, Cu Chi District) and has paid in advance for this AHs in the June 30th, 2016 with amount 300,000,000VND. The contractors are negotiating continuously to pay in advance for AHs for the towers construction and cable stringing. Until the end of the second quarter of 2015, the contractors have compensated in advance for 19 AHs with amount VND 797,400,000. Table 8: Amount of advance payment for project construction Amount of advance payment until present (VND) No. Name Until the first quarter of 2015 Until the second quarter of 2015 Acumulated amount until present I Duc Hoa District 63,873, ,238, ,111,600 1 Tan My 63,873, ,238, ,111,600 II Cu Chi District 447,400, ,000, ,400,000 1 Thai My 150,000, ,000,000 2 Nhuan Duc 243,400, ,400,000 3 Phuoc Thanh 39,000,000 50,000,000 89,000,000 5 Trung Lap Ha 15,000, ,000, ,000,000 Cau Bong - Duc Hoa 220kV Transmission Line Project 14

21 Amount of advance payment until present (VND) No. Name Until the first quarter of 2015 Until the second quarter of 2015 Acumulated amount until present Total 511,273, ,238,500 1,120,511, Compensation Payment and Assistance for Relocated HHs 49. No one needs to be relocated due to the project implementation. 1.3 Other Support for Severely AHs and Vulnerable Groups 50. DMS found that there is not any AH entitled as severely or vulnerable groups. IV. LAND ACQUISITION 51. The results of the DMS indicated that there is no AP has to be relocated. Since the updated RP have been approved, the land acquisition activities are implemented based on agreement between AHs and contractors for handing over land in advance for tower foundation construction. AHs were paid compensation in advance and land handed over to contractors. 52. Up to the end of the 2nd quarter period, although compensation plans have not been approved yet, almost land areas acquired for tower construction have been handed over to the contractors for tower construction. In Duc Hoa District, 4/4 tower positions handed over to the contractor. In Cu Chi District, 36/39 tower positions handed over to the contractor for tower construction. In additional, some affected households have handed over ground to the contractor for cable stringing after they received advance payment for affected assets within ROW. 53. Although, the compensation payment has not been implemented for all HHs. However, the contractors and AHs have signed an agreement in which the contractor pays AHs in advance to support for their affected land and assets and get site handover for construction of tower foundation and stringing cable. Almost AHs agreed and allowed the contractors constructed, they only need to be committed by SPMB, District CARB and paid in advance for affected assets within ROW. V. ISSUE CONCERNING GENDER 1. The results of the DMS found that more than 30% headed households are female for both TL projects. Women play an important role in implementation of RP as they have actively participated in decision making of their household and community, as well as the supervision of the project implementation activities. Women involve not only in domestic works but also in income generation and local associations activities. 2. Women are encouraged to participate in all project activities and play higher role in making family and community important decisions. Especially, during the process of public consultations with the APs, female APs are encouraged to raise their voice, actively engage in and fulfill their rights to be free and prior informed, involve in discussion and making decision, and monitoring and evaluation of all project activities. 3. To enhance the active participation of women and reduce the impact of land acquisition and clearance process on women in the project area, a gender strategy during Cau Bong - Duc Hoa 220kV Transmission Line Project 15

22 the preparation and implementation of resettlement plan is necessary. The organization of public consultation to ensure men and women are engaged and listening to their opinions fully, the consultations ensure at least 30% women participants. In order to implement this objective, the consultation meeting should coordinate with locality and districts Women Union to organize the meeting such as invitation and arrange a suitable time for women to avoid the busy times such as family cooking, picking up the child/children...). 4. The gender Strategy is to help the AHs including both men and women participate in the implementation of RP and benefit distributed equitably between men and women from achievements of that development. The gender strategy in the stage of implementation of the RP includes the following: - Mobilize the participation of the women's unions in DCSCCs: DCSCC must include at least a representative of women of affected households. In this quarter, Districts are consolidating the district compensation and site clearance council. This work is to ensure that woman who participate in all activities of RP implementation. - Poor female headed households are vulnerable people so they need more assistant from the project: Strategy of disseminating Project s information to the community focused on them. They have been invited to participate in all public consultation meeting for disseminating Project's information; - Both men and women are encouraged to participate in DMS. They participated in DMS and spoke out their opinions about the implementation process of detail measurement survey; - The Project have been working closely with the district women's unions, ward/commune women's unions to mobilize the participation of women in all activities of RP implementation (public consultation through questionnaires, people s meetings...). They raised concern issues of women to implementation process of compensation, allowance, resettlement and site clearance. Thence, they suggests solutions to redress these issues ensure women s benefits in all activities of RP implementation; - Women have invited to partipate in all public meetings and must ensure at least 30% of the participants as women. So far, in almost public meeting women have partipated and spoken out their opinions. Participation rates of women in public meetings described in Table 5; - The payment of compensation and assistance in cash will be given to the affected households in the presence of both husbands and wives; In case, husbands or wives absent, the compensation payment only is carried out when husbands/wives receive compensation have to have proxy letter of others and have confirmation of local authorities. - LURCs which are newly granted should be named both husbands and wives. VI. GRIEVANCES REDRESS MECHANISM 54. Until now, Complaints mentioned in the last quarter were resolved completely. The main content of complaints including: (1) Request additional compensation for affected structures or outside the transmission line; (2) Complain compensation price for trees, structures; (3) Allowance for vocational training and job creation; and (4) Request acquisition Cau Bong - Duc Hoa 220kV Transmission Line Project 16

23 for all land which has the remaining land small, bizarre shapes. The complaints have redressed completely. AHs have agreed with decision resolving and received compensation in advance for the affected assets. Summary of complaint of the previous quarter and resolving status until the end of this quarter described as below: Table 9: Summary of complaint and resolving status until present No Complaint contents Resolving status Mr. Hua Quoc Huy, Nguyen Thanh Liem, Nguyen Van Thoi and Huynh Van Trung request compensating for assets out of transmission line corridor such as: football court, toilet, pigsty and other structures. Ms. Nguyen Thi Muc requests compensation for rubber outside of the transmission line corridor. She has 274 rubber trees, of which there are 141 trees affected by the project, the remain is outside of the transmission line corridor. However, the remain trees has too little so she requests compensation for all trees. Mr. Nguyen Thanh Liem requests compensation for volume of leveled land. Mr. Bui Van Cuong requests additional compensation for affected fence. Ms. Pham Thi Thuy requests compensating for the remaining land small, bizarre shapes inconsistent production. The Cu Chi DPC has organized meeting for resolving the above issues, Mr. Nguyen Viet Dung has concluded agreement for additional compensation for those HHs at document No. 166/TB-VP dated June 3rd, 2015 (the original document, please reference to appendix). Summary of grievance redress mechanism for these households such as below: - For Household, Mr. Hua Quoc Huy: Cu Chi DPC agreed to compensate and support for affected assets according to proposal of this AH with amount of compensation estimation VND 554,903,000. In the June 30 th, 2016 the contractor paid in advance for this AH with amount 300,000,000VND. - Cu Chi DPC also agreed to compensate and support for affected assets according to proposal of other AHs include: Mr. Nguyen Thanh Liem: Compensating for fish pool with area 32.6m 2 and 10.8m 2 of garage. Mr. Nguyen Van Thoi: Compensating for pigsty with area 38.4m 2. Ms. Nguyen Thi Muc: Compensating for remaining rubber trees. 55. Out of above complaints have been redressed, until the end of June, 2015, there are no HHs who have complaint compensation for affected assets. However, some AHs within ROW have complaint in mouth, they requested that Cu Chi District CARB, SPMB must pay compensation for affected assets within ROW before cable stringing. Until present, contractors and SPMB are cooperating closely for negotiating with AHs to allow stringing cable. The first, the contractors would pay in advance for all affected assets within ROW, until the compensation plan approved, Cu Chi District CARB will pay fully for all affected assets of AHs. 56. The above-mentioned issues were answered by consultants and SPMB, while agreed with the APs about the work-plan for four parties (SPMB, contractors, CPC and AHs) to Cau Bong - Duc Hoa 220kV Transmission Line Project 17

24 strictly resolve APs concerns and requirements. In general, SPMB and stakeholders have tried to resolved complaint HHs timely. Almost result of resolving which they have been agreed by AHs. Cau Bong - Duc Hoa 220kV Transmission Line Project 18

25 PART III - MONITORING I. INTERNAL MONITORING 57. The SPPMB conducts internal monitoring of RP implementation and results of the internal monitoring are reported on quarterly basis to NPT and ADB. Internal monitoring activities are periodically carried out by SPPMB staffs to ensure the implementation of RP is on the right direction and any problems/issues that may be occurred, including complaints of the AHs shall be timely resolved. 58. The semi-annual monitoring report is prepared summarizing all activities relevant to the implementation of RP done during the six month period in compliance with the ADB requirements. This report incorporated monitoring results for the period from January to June 2015 to report the situation has been implemented and tasks taken to improve the situation, where needed. Related information has been collected monthly from the field to assess the progress of RP implementation and then consolidated. 59. SPPMB s consultant has periodically conducted field visits to project affected communes. Field surveys carried out during this period to (i) collect information on the opinions and the needs of AHs regarding the policy of the project; (ii) support in implementation of public consultation and information disclosure; (iii) collect and review grievance redress; (iv) coordinate with contractors of construction to ensure that allowance for temporary affected assets due to construction work is taken into account. Working with stakeholders such as CPCs, DCARBs, mass organizations, and in-depth interviewing APs has been applied to achieve the monitoring target. 60. Summary of submitted report on internal monitoring such as below: Table 10: Summary of submitted internal monitoring report No. Type of report Status of submission I Quarter report 1 The third quarter, 2014 Submitted 2 The fourth quarter, 2014 Submitted 3 The first quarter, 2015 Submitted 4 The second quarter, 2015 Submitted II Semi-annual report 1 The semi report of 6 months early of 2015 Being submitted II. MONITORING THE COMPLIANCE OF RP IMPLEMENTATION 61. In addition to the internal monitoring taken by the SPPMB, it is always required to have a different objective information channel independently. The key objective of external monitoring is to determine whether NPT/SPPMBs efforts on RP implementation have been properly conceived and executed consistent with the agreed actions in the RP. The external monitoring will verify in the filled-up DMS questionnaire and asset compensation forms (ACF) that all affected losses of APs, have been satisfactorily compensated and rehabilitation and Cau Bong - Duc Hoa 220kV Transmission Line Project 19

26 transition assistance have been provided with. It will also ascertain whether the entitlements were adequate in meeting the objectives, and whether the objectives were suited to APs. 62. So far, SPPMB has been collecting contractor for service of external monitoring. It expected to sign contract with consultant about the end of July, Cau Bong - Duc Hoa 220kV Transmission Line Project 20

27 PART IV - CONCLUSION AND RECOMMENDATION I. CONCLUSION AND RECOMMENDATION 1.1 Conclusion 63. In Long An, the compensation plan was approved by Duc Hoa DPC for 11 AHs and 1 organization. Until present, there are 5/11 AHs and 1 organization have received compensation and handed over ground for project construction with total amount of 553,650,808 VND. 64. The project implemented in Ho Chi Minh city where there is a big obstacle delaying the progress of compensation, support and land clearance that Ho Chi Minh city People s Committee until present has not issued yet a decision on compensation, support and resettlement as well as guidance on appraisal and approval of unit prices for compensation and supports conforming the Land Law 2013 and relevant Decrees on compensation and land clearance. 65. Hence the appraisal of land and asset prices carried out by Districts for submitting the City s Compensation Appraisal Committee before submitted to City s People s Committee for approval. Up to now, City s People s Committee is still on the way for promulgating the guidance on execution. 66. The DMS has been completed. At present, District s division of natural resources and environment is determining the legal ownership, reviewing the origin of land title and relevant legal documents for formulating the compensation plan. As this work takes long time. 67. Until the end of March, 2015, in order to keep the project progress, SPMB, Cu Chi District CARB and contractors have negotiated and paid in advance for 17 AHs at tower foundations with total amount of 447,400,000VND for implementing the construction. In June, 2015, the contractors have paid in advance for 2 AHs at towers foundation 13 and 30 with amount of VND 350,000, There are 7 complaint households whose complaints have resolved completely. So far, there are no complaint HHs. 69. To ensure compensation progress for AHs, SPMB has organized several meeting with Ho Chi Minh City people s committee, Cu Chi DPC, Cu Chi District CARB and stakeholders for speeding up compensation plan implementation. However, until now the compensation plan through Cu Chi District has not been yet established completely. 1.2 Recommendation 70. In order for the work of compensation, support and resettlement for the APs of the project to complete timely and efficiently, it is recommended that: (i) Ho Chi Minh City should as soon as possible promulgate guidance on compensation, support and resettlement over the city according the decision No. 23/2015/QD-UBND dated May 15 th, 2015 on regulating for compensation, allowance and resettlement when the state recover land on the Ho Chi Minh city area, to make it as a foundation for DPCs to formulate, appraise and approve the compensation plan, in the meantime direct, supervise and speed up Cu Chi DPC accelerate the work of verifying land Cau Bong - Duc Hoa 220kV Transmission Line Project 21

28 origin and taking prompt actions in implementation of directing documents of City departments and City People s Committee. (ii) (iii) Compensation, allowance and resettlement plan should be established as soon as possible. It will be announced to AHs and submitted for approval. In case the compensation plan has not been yet done. SPMB should keep cooperating with the stakeholders for negotiating and paying in advance for project construction. 71. Information disclosure and public consultation should be continuously implemented to ensure knowledge of AHs and avoid complaints on compensation process. II. PLAN FOR THE NEXT PERIOD 72. Compensation plans have been reviewed and soon be approved by local authorities for almost of AHs. Compensation payment, along with allowance in cash, will be paid as soon as possible. 73. Information dissemination, community consultations will be continuously conducted by consultant, SPMB, DCARB along with communes to ensure timely inform to APs about project implementation activities and resolve any complaints raised. 74. In case, it has not yet had the approved compensation plan to pay. SPMB should cooperate closely with stakeholders for negotiating with AHs agreement before cable stringing to ensure the project progress. 75. Resettlement consultant will cooperate continuously with SPMB will organize a training for staff from Districts CARBs and communes cadastral staff to do presentation on ADB SPS 2009 and requirements for them in the implementation of project s compensation and resettlement activities. Cau Bong - Duc Hoa 220kV Transmission Line Project 22

29 PART V - APPENDIX 5.1 Appendix 1. Project Impacts Affected land by provinces of Cau Bong - Duc Hoa 220kV TL Category of land Cu Chi (Ho Chi Minh City) Acquired Land in land (m 2 ) ROW (m 2 Total (m 2 ) ) Duc Hoa (Long An Province) Acquired Land in land (m 2 ) ROW (m 2 Total (m 2 ) ) Annual crop land 7, , , , ,697.9 Perennial tree land , ,963.2 Residential land Forest land 1, ,218.4 Garden land 4, ,261.0 Unused land , ,847.8 Public land , ,522.0 Total 11, , , , , ,249.3 Cau Bong - Duc Hoa 220kV Transmission Line Project 23

30 5.2 Appendix 2. Progress on RP implementation Status of compensation plan till July 2015 Project information Detailed Making compensation Verify and approve the Compensation Province District Commune dissemination Starting Finishing Measurement Survey Starting Finishing plan Starting Finishing compensation plan Submitting Date of payment Starting Finishing date date date date date date date approval date date Nhuan Duc 28/11/ /11/ /6/ /6/2014 Not yet Not yet Not yet Not yet Not yet Not yet Ho Chi Minh city Cu Chi Phuoc Hiep 29/11/ /11/ /6/ /6/2014 Not yet Not yet Not yet Not yet Not yet Not yet Trung Lap Ha 28/11/ /11/ /6/ /6/2014 Not yet Not yet Not yet Not yet Not yet Not yet Phuoc Thanh 29/11/ /11/ /6/ /6/2014 Not yet Not yet Not yet Not yet Not yet Not yet Thai My 29/5/ /5/ /6/ /6/2014 Not yet Not yet Not yet Not yet Not yet Not yet Long An Duc Hoa Tan My 28/11/ /11/ /6/ /6/ /5/ /5/2014 5/6/ /6/2014 5/6/2014 Not yet Cau Bong - Duc Hoa 220kV Transmission Line Project 24

31 5.3 Appendix 3. Project Entitlement Matrix No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues I. LAND I.1. Agricultural Land 1 Productive Land Partially Owners with LURC, a. Cash compensation for acquired land at + AHs to be notified at least 90 days (for permanently acquired affected (less or in the process of replacement cost at current market rates for agricultural land) and 180 days (for non- than 10% of acquiring LURC and affected portion; agricultural land) prior to land acquisition the total productive land holding) owners eligible to acquire LURC according to Government policies b. Entitled to allowance for vocational trainings career change and job seeking in cash not exceed 5 times of the affected land value. (Land Law Article 67). + Full payment for AHs at least one (01) month before site clearance. (60 HHs) 2 Restrictions on land Partially All AHs have a. No compensation for land; + SPPMB and DCARB guide the AHs to use in ROW and/or totally affected productive land in ROW (292 HHs) b. Compensation for trees and other crops at market prices; c. Support for restrictions on land use on the productive land plots adjacent to residential land; support level is not higher than 80% of the same land type s price. AHs can still use land for production but they are not allowed to use land in ROW, ensuring safety for people and construction, consistent with the Decree No.14/2014/ND-CP. + Affected land in ROW will be rehabilitated by contractors after the Project construction and land in ROW could be used with the restricted purposes. grow plant higher than 4 m. + AHs can be required to cut affected trees, timbers. The Project will pay for the cutting. 3 Temporary impacts Temporary Users of affected For land area to be temporarily used during + Land characters and quality must be loss of land land (to be construction stage: (i) rental in cash which will restored before returning to the AHs; and assets on land determined Project during be no less than the net income that would have been derived from the affected property during disruption; (ii) restoration of the land + If the quality of land will be radically changed when returning to the AHs, Cau Bong - Duc Hoa 220kV Transmission Line Project 25

32 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues implementation) within one (01) month after use; compensation is paid at full replacement cost or land for land compensation if contractor fails to restore the affected land within one (01) month after the use (agreement between parties will be monitored by external monitoring agency). requiring the AHs to change the land use purpose, then the AHs should be compensated for all envisaged cost of losses. + Contracts with the contractors should include an article regulating specifically the responsibilities of the contractors. I.2. Residential Land and/or Non-agricultural Land (e.g. commercial purpose) 1 Residential Land Partially All AHs have a. No compensation for land; Affected land in ROW will be rehabilitated and/or Nonagricultural Land in ROW and/or totally affected residential and/or non-agricultural land in ROW (7HHs) b. Allowance for purchasing fireproof materials and lightning arrestors for the existing house/structure or cash compensation at by contractors after the project construction and land in ROW could be used with the restricted purposes. replacement cost of affected house/structure; c. Support for utilization of restricted land. II. MAIN HOUSES AND OTHER STRUCTURES IN ROW II.1. Main houses 1 Main houses affected Partially Owners of the Retain houses according to the conditions The technical norms for partially or fully affected houses with or regulated by Article 13 of Decree affected house will be determined by the (affected area without acceptable No.14/2014/ND-CP, and Cash compensation DCARB with the technical assistance from less than 50% proof of ownership for directly affected parts of the houses at the District or Provincial Construction of total land over the land; with replacement cost and cost for dismantling the Department and concurred by the PDP area without or without building affected parts. during the DMS. any impact to the remaining structures of permit (14 HHs) + The calculation of rates will be based on the actual affected area and not the useable area. Cau Bong - Duc Hoa 220kV Transmission Line Project 26

33 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues the house II.2. Other structures 1 Secondary Structures Structures lost All AHs have a. Cash compensation for the entire affected The calculation of rates will be based on (kitchen, latrines, and/or structures in ROW structures will be provided at 100% of the full the actual affected area and not the bathrooms, wells, damaged due (22 HHs) replacement cost for materials and labor, useable area. animal shelters, to location in without provision for deduction of depreciation fences, etc.) ROW or salvage value of construction materials, whether or not they have title to the affected land or permit to build the affected structure. The amount will be sufficient to rebuild a structure the same as the former one at current market prices; b. Provision of allowance for the installation of fireproofing materials and lightning arrestors. III. ON-LAND AFFECTED CROPS AND TREES 1 Annual crops (paddy Crops lost Owners regardless If standing crops are ripening and cannot be + APs have the right to use salvable trees. and other annual crops) and/or damaged due to location in ROW of tenure status harvested, cash compensation at replacement cost equivalent to the highest production of crop over the last three years multiplied by current market value of crops at the time of compensation. + APs will be given three (03) months notice in advance regarding evacuation so that the land on which their crops are planted will be recovered and that they must harvest their crops on time. 2 Trees and timbers Trees lost Owners regardless Cash compensation at replacement cost is + Compensation must equal in value to (fruit trees, timbers, and/or of tenure status equivalent to current market value given the trees that would be harvested had wood trees, etc.) damaged due type, diameter at breast height, age and acquisition not occurred. to location in productive value at the time of compensation. + APs will be given notice at least three Cau Bong - Duc Hoa 220kV Transmission Line Project 27

34 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues ROW (03) months in advance regarding evacuation. Trees grown after issuance of the deadline will not be compensated. + AHs can be required to cut affected trees, timbers. The Project will pay for the cutting. IV. REHABILITATION ASSISTANCE IV.1. Allowance for Vocational Training, Career Change and Job Seeking 1 Households having Affected and All AHs with Assistance for vocational training, career agricultural land loss of land agricultural land change and job seeking: affected permanently acquired (290 HHs) + Cash compensation equal to 1.5 to 5 times of compensation value for affected land according to PPC s regulation. + If the AP has demand for training, he/she will be entitled to participate in a training course for free. IV.2. Allowances for houses in ROW 1 Assistance to improve Houses AHs with houses in + With houses Grade 4, allowance for At time of compensation, allowance will be house or install fire- partially or ROW (15HHs) installing fireproof materials and lightning adjusted for inflation to ensure that APs can proof materials and fully affected arrestors. do the improvement in safe manners. lightning arrestors, and assistance to mitigate impacts due to restricted usage and impacts on daily + With houses Grade 5, allowance for improvement. + Allowance due to restricted usage and impacts on daily-life activities. life activities Cau Bong - Duc Hoa 220kV Transmission Line Project 28

35 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues V.5. Allowances for other structures in ROW 1 Assistance to improve Other AHs with other + With houses Grade 4, allowance for At time of compensation, allowance will be or install fireproof structures structures in ROW installing fireproof materials and lightning adjusted for inflation to ensure that APs can materials and partially or arrestors. do the improvement in safe manners. lightning arrestors fully affected + With houses Grade 5, allowance for improvement. V.6. Other Allowances 1 Loss of land and non- Affected households Every relocating AP will be provided with a Based on the actual situation of the locality, land assets whose houses will lump-sum one time allowance package to the PPC Chairman issues other allowances be relocated from cover the cost of domestic water, power and (according to the Article 23 in the Decree the ROW telephone connections at the new site as per No. 69/2009/ND-CP) to ensure PPC s decision at payment time but it is not accommodations, life stabilization and less than 3.5 million VND per household. production for DPs. Special cases have to be submitted to the Prime Minister for approval. VI. Incentive Bonus Loss of land and non- All AHs If APs hand over the affected land immediately land assets after receiving compensation and allowances will be awarded an incentive bonus of VND 5,000,000 as per regulations of the PPC Cau Bong - Duc Hoa 220kV Transmission Line Project 29

36 5.4 Appendix 4. Payment minutes for AHs Cau Bong - Duc Hoa 220kV Transmission Line Project 30

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51 5.5 Appendix 5. SPMB s document on asking for the undertakings to accelerate the implementation of compensation process Cau Bong - Duc Hoa 220kV Transmission Line Project 45

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54 5.6 Appendix 6. SPMB s document on asking for Cu Chi District support and stakeholders to string cable of the Cau Bong Duc Hoa 220KV TL project through Cu Chi District Cau Bong - Duc Hoa 220kV Transmission Line Project 48

55 5.7 Appendix 7. Conclusion document of deputy of Cu Chi DPC Mr. Nguyen Viet Dung for resolving complaints of AHs by the Cau Bong Duc Hoa 220KV TL project Cau Bong - Duc Hoa 220kV Transmission Line Project 49

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59 5.8 Appendix 8. Public Information Booklet National Power Transmission Corporation (NPT) Southern Vietnam Power Projects Management Board (SPPMB) Ho Chi Minh City/Long An Province People s Committees Cu Chi/Duc Hoa District People s Committees Cu Chi/Duc Hoa District Compensation and Resettlement Boards (DCARBs) Public Information Booklet Cau Bong - Duc Hoa 220kV Transmission Line Project I. PROJECT INTRODUCTION The two Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project and Cau Bong - Duc Hoa 220 kv Transmission Line Project are for Tranche 2 of the Power Transmission Investment Program of the Government of Vietnam (GOV). The Projects under the Program are designed to: (i) improve system stability and security, and improve the reliability of power supply in Southern Viet Nam; and (ii) enable evacuation of electricity to load centres from the both the planned public sector and private sector financed thermal power plants in southern Viet Nam. The Projects shall be financed through the Multi-Financing Facility (MFF) of Asian Development Bank (ADB). The National Power Transmission Corporation (NPT) is the Project executing agency (EA) while the Southern Vietnam Power Projects Management Board (SPPMB) is the implementing agency (IA). 1. Project Description The Cau Bong - Duc Hoa 220kV Transmission Line Project is designed to supply to 220kV Duc Hoa Substation to ensure reliable electricity supply to industrical zones in districts of Duc Hoa and Duc Hue, Long An Province and to load centres in the Northwest of Ho Chi Minh City, contribute to strenthening the connectivity capacity for power network of the region. The Cau Bong - Duc Hoa 220 kv Transmission Line Project has a total length of km, with total 43 towers, that will traverse to four communes of Ho Chi Minh city and Long An Province. Of which, 39 towers will traverse to five communes of Thai My, Nhuan Duc, Trung Lap Ha, Phuoc Thanh and Phuoc Hiep of Cu Chi District, Ho Chi Minh City and 4 towers will traverse Tan My commune of Duc Hoa District, Long An Province. Land will be required for the: (i) right-of-way; (ii) earth grounding zone; (iii) optical repeater systems; (iv) suspension towers; and (v) tension towers. 2. Scope of Land Acquisition and Resettlement The rights-of-way (ROWs) for Cau Bong - Duc Hoa Transmission Line Project shall require a total are 253,860.3 m² of land, of which 240,030.6 m² is covered in restriction on lands under the ROW and 13,830.7 m² of land is permanently acquired for permanent use of 43 suspension and tension towers. Cau Bong - Duc Hoa 220kV Transmission Line Project 53

60 The Project will impact on total of 290 affected household (AHs) who own the following affected properties: (i) 15 houses due to height limit under the ROW, (ii) 76,006 trees due to the clearing of ROWs. The AHs consist of 290 Ahs and two organizations. The affected households all belong to the mainstream society of Vietnam. No ethnic minority group shall be affected under the Subproject. II. INFORMATION REGARDING PROJECT COMPENSATION AND RESETTLEMENT POLICIES AND REGULATIONS Question 1: What is the Cau Bong - Duc hoa 220kV Transmission Lines Project? Answer: The Cau Bong - Duc Hoa 220kV Transmission Line Project is designed to supply to 220kV Duc Hoa Substation to ensure reliable electricity supply to industrical zones in districts of Duc Hoa and Duc Hue belong to Long An Province and to load centres in the Northwest of Ho Chi Minh City, contribute to strenthening the connectivity capacity for power network of the region. The Cau Bong - Duc Hoa 220kV Transmission Line Project has a total length of 13.42km, starting from G anchor tower turning from 220kV Cau Bong - Cu Chi Transmission Line to 220kV Cu Chi Substation and turn to Duc Hoa and ending at 220/110kV Duc Hoa Substation (Long An Province). Question 2: How will the Cau Bong - Duc Hoa 220kV Transmission Line Project affect the local population? Answer: The Project will cause the following effects: (i) Buildings and other structures and buildings on land lost permanently; (ii) Trees are cut off on the land affected permanently; and (iii) Reduction of the use of land, buildings / infrastructure in the safety corridor of high-voltage grid (ROW). Question 3: What is the main objective of the Project Resettlement Plan? Answer: The main objective of this Resettlement Plan is to ensure that all APs will be restored their socio-economic conditions at least equal to or better than they would have been in the absence of the Project. Poor households, difficult condition households and other vulnerable households (women-headed, eldly-, children-, disable person-headed, under-policy-assisted households) will be supported rehabilitating their socio-economic conditions equal to or better than prior Project conditions. Question 4: What if my land is affected by the Project? Answer: The affected land will be compensated for replacement land (if land fund available) OR in cash at replacement value at current market rates at the time of compensation. All affected households and local authorities will participate in replacement cost survey. If the leased land is recovered, compensation will not be made for the land but the investment costs in land. Question 5: Do we need to have a land title in the order to be compensated? Answer: No, lack of formal legal rights to land does not prevent any APs from receiving compensation or allowances and/or rehabilitation assistances. Those APs who possess a land use rights certificate (LURC) or any other form of written or verbal agreement to utilize the land are entitled to compensation for the lost land as well as assets on the land. Those APs who do not Cau Bong - Duc Hoa 220kV Transmission Line Project 54

61 have legal/legalizable or temporary/lease rights for land will still be compensated for the assets on the land, such as any structures, crops and trees. Question 6: Is the compensation applied for affected houses and structures? Answer: Yes. Compensation will be applied for all affected assets including houses, shops and other structures (kitchen, bathroom, toilet, well, livestock cages, fence, etc.) as well as other fixed assets at replacement value at current market prices (including materials and labour) without any deductions for building depreciation or salvageable building materials. This will ensure that APs are able to reconstruct their houses and other structures with better or at least the same quality as in the absence of the Project. Question 7: What about affected crops and trees? Answer: Affected crops, fruit and timber trees and tree fences will be compensated in cash at current market prices. Compensation for non-harvested crops will be based on the average production in the past 3 years multiplied by current market prices. Compensation for trees will be based on the type, age and productivity of trees. Question 8: In addition to compensation, how will the Project support us? Answer: In addition to compensation for affected land and asset as per Project policy, the Project will provide rehabilitation assistances to eligible APs to ensure that their living standard is restored or improved at least equal to or better than their pre-project level. Rehabilitation assistances for eligible APs include: Severely affected households: Households that lose 10% or more of their total productive land will receive rehabilitation assistances include (i) life stabilization assistance (ii) income restoration assistance such as agriculture extension assistance for better use of the remaining land area, participating in credit access programs or recruitment related to the Project. The assistances are presented in the Entitlement Matrix. Relocated households: Affected people who must be relocated have rights to get: (1) transition assistance; (2) life stabilization assistance for transitional period; and (3) assistance for house rental at replacement cost. The assistances are presented in the Entitlement Matrix. Business owners that lose income while they relocate or rebuild their shops/businesses: Households with small, unregistered businesses will receive cash compensation equal to the provincial minimum wage for 3 months. Owners of registered businesses will receive cash assistance due to loss of income equivalent to 30% taxable income in a year. Annual taxable turnover average is determined on the basis of financial statements of three years ago. Employees and hired laborers who lose their jobs: will receive cash compensation for lost salary/wages for each month they cannot work, if the loss is temporary; or, if the loss is permanent, cash compensation equivalent to the provincial minimum wage for 6 months or cash compensation for remaining contract period whichever is higher. Allowance for changing job: the affected households either have or not have registered certificate on their residential land that after relocation but they could not be continued, the person in working age who belonged to the affected households will be participated in the free Cau Bong - Duc Hoa 220kV Transmission Line Project 55

62 cost training course in one of the local vocation training centers, suitable for the facts of region and their ability. Question 9: How our affected public assets will be compensated? Answer: With respect to affected public assets, compensation will be provided to recover or newly construct depending on scope of impact after consulting with local authorities/affected community. Question 10: Does anybody in our community can claim for compensation? Answer: No. Entitled Affected Persons (APs) are those persons or households that are surveyed during the detailed measurement survey (DMS) activities. The APs and local authorities will be informed of the cut-off date (the date of completion of census) for the Project. Anyone moving into the Project area after cut-off date will not be entitled to compensation and assistance under the Project. Question 11: What can I do if I am not listed as affected people during the DMS but I am asked to be relocated? Answer: You are not in affected people list might be due to some mistakes during the DMS. However, you will get the same kind of compensation as other APs. DCARB will responsible for adding your name in the list of affected people. Question 12: How will APs be consulted and informed? Answer: A consultation and public information program will be organized in your commune to ensure that APs receive complete and timely information about the Project. APs will be provided information on project components, impacts, their rights and entitlements, grievance mechanism, rights of participation and consultation, resettlement activities, responsibilities of institutions and implementation schedule. APs will participate in resettlement planning and implementation and they will also be consulted on the following issues: a) resettlement options according to their entitlement, b) training and training preferences in current or new occupations, c) other project aspects. This program will enable the Project to design the resettlement and rehabilitation program to meet the needs of APs, and help APs to make informed decisions about compensation and relocation. Consultations with APs and local authorities will reduce the potential for conflicts and minimize the risk of project delays, and maximize the economic and social benefits of the Project. Question 13: In case where disagreement on compensation or dispute appears during Project implementation, do we have the right to complain? Answer: Yes, All affected people have the right to complain based on the following procedures and orders: First Stage - At Commune/Ward People s Committee (CPC): An aggrieved AP may bring his/her complaint to village head or any member of the CPC in either written or verbal form. It is incumbent upon said village head or member of CPC to notify the CPC about the complaint. The CPC will meet personally with the aggrieved AP and shall have thirdty (30) days following the Cau Bong - Duc Hoa 220kV Transmission Line Project 56

63 lodging of the complaint to resolve it. The CPC s secretariat is responsible for documenting and keeping files of all complaints that it handles. Second Stage - At District/Town People s Committee (DPC): If after thirdty (30) days the aggrieved AP does not hear from the CPC, or if the CPC gives its solutions, but the AP disagrees with the settlement decision, the AP may bring the case, either written or verbal, to any member of DPC. DPC shall have thirdty (30) days to resolve the case. The DPC is responsible for documenting and keeping files of all complaints that it handles. Third Stage - At Provincial People s Committee (PPC): If after thirdty (30) days the aggrieved AP does not hear from the DPC, or if the AP is not satisfied with the settlement decision, the AP may bring the case, either in writing or verbal, to any member of the PPC. The PPC shall have thirdty (30) days within which to resolve the complaint to the satisfaction of all concerned. The PPC secretariat is also responsible for documenting and keeping file of all complaints that it handles. Final Stage - People s Court: If after thirdty (30) days following the lodging of the complaint with the PPC, the aggrieved AP does not hear from the PPC, or if he/she is not satisfied with the settlement decision, the case may be brought to people s courts. Under no circumstance, the AP will be evicted from his/her property or for the Government to take over his/her property without the explicit permission of the people s court. Alll grievances and complaints of affected people on land acquisition, compensation and resettlement will be resolve consistent with the above stages and complainants will not shoulder any costs during grievance redress process. Question 14: As a resident in the project area, how can I help? Answer: We would like you to participate in all consultation meetings and other project related activities in order to ensure that you are fully informed and consulted. Your active participation during the detailed measurement survey (DMS) and implementation will allow us to determine measures to mitigate impacts, to identify problems or potentials problems and to identify ways of responding immediately to solve these problems. Question 15: How will we know if the objectives of this project are met? Answer: SPPMB will ensure internal monitoring all Project activities. In addition, SPPMB will engage an independent external monitoring agency to conduct external monitoring of resettlement activities during Project implementation. Every 6 months, the independent monitoring agency will submit a report to SPPMB and ADB on resettlement implementation progress. A post-resettlement impact evaluation will assess whether negative impacts have been mitigated adequately and preproject standards of living of APs have been restored as a result of resettlement and the Project. For further information and suggestions, please contact us to the following address: Southern Vietnam Power Projects Management Board (SPPMB) Tel: Fax: Cau Bong - Duc Hoa 220kV Transmission Line Project 57

64 Add: 610 Vo Van Kiet street, District 1, Ho Chi Minh City Cu Chi District Compensation and Resettlement Board (DCARB) Tel: Fax: Add: Zone 7, Cu Chi township, Cu Chi District, Ho Chi Minh City Duc Hoa District Compensation and Resettlement Board (DCARB) Tel: Fax: Add: Zone B, Hau Nghia township, Duc Hoa District, Long An Province Cau Bong - Duc Hoa 220kV Transmission Line Project 58

65 5.9 Appendix 9. Some pictures from Public Consultation Meetings Meeting in Nhuan Duc Commune SPPMB representative is explaining the project policies in the meeting in Trung Lap Ha Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 59

66 Meeting in Thai My Commune Meeting in Phuoc Thanh Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 60