VIE: Power Transmission Investment Program, Tranche 2 500kV Pleiku-My Phuoc-Cau Bong Transmission Line (Binh Duong Province)

Transcription

1 Social Monitoring Report July 2014 VIE: Power Transmission Investment Program, Tranche 2 500kV Pleiku-My Phuoc-Cau Bong Transmission Line (Binh Duong Province) Prepared by Central 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 CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD PLEIKU MY PHUOC CAU BONG 500 KV TRANSMISSION LINE PROJECT SECOND MONITORING REPORT INDEPENDENT MONITORING ON RESETTLEMENT AND ETHNIC MINORITY IN BINH DUONG PROVINCE July 2014

3 NATIONAL POWER TRANSMISSION CORPORATION CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD PLEIKU MY PHUOC CAU BONG 500 KV TRANSMISSION LINE PROJECT SECOND MONITORING REPORT INDEPENDENT MONITORING ON RESETTLEMENT AND ETHNIC MINORITY IN BINH DUONG PROVINCE PROJECT OWNER Central Vietnam Power Projects Management Board IMPLEMENTATION Investment Consultancy and Technology Transfer Co., Ltd Deputy General Director LE CHI CUONG July 2014

4 TABLE OF CONTENTS I. GENERAL INTRODUCTION Objectives of the Project Scale and scope of the Project in Binh Duong province... 6 II. AN OVERVIEW OF THE RESETTLEMENT PLAN (RP) Project impacts Legal framework of RP III. INDEPENDENT MONITORING Overview of the independent monitoring on the implementation of RP and REMDP Objectives of the independent monitoring Scope of works Monitoring indicators Implementation method Information collection Sampling IV. OUTCOMES AND FINDINGS FROM THE SENCOND MONITORING PHASE Implementation progress of the Project The progress of compensation and resettlement The progress of approving compensation and assistance plans Compensation and rehabilitation of lands affected by the construction Compensation for assets located outside the ROWs The progress of compensation payment Update on compensation and resettlement situation in Ben Cat district Organizations and agencies implementing the RP Information dissemination and public consultation Evaluating the implementation of compensation activities Legal basis for calculating the compensation rate The completeness and timeliness of the compensation Evaluation of satisfaction INVESTCONSULT GROUP 2

5 4.7. Relocation and resettlement Assistances and livelihood rehabilitation policies Severely affected, vulnerable households and Gender issue of the Project Severely affected households Gender issue Grievances and grievances settlement V. CONCLUSION AND RECCOMENDATION Conclusion Recommendation ANNEX 1. LIST OF OFFICIALS APPROACHED BY THE CONSULTANT ANNEX 2. LIST OF INTERVIEWED HOUSEHOLDS AND QUESTIONAIRE SAMPLE ANNEX 3. LIST OF AHs AND SAMPLE OF DECISION APPROVING COMPENSATION AND SUPPORT PLANS ANNEX 4. COMPENSATION, SUPPORT AND RESETTLEMENT PLAN.. 56 ANNEX 5. SAMPLES OF INVENTORY MINUTE AND COMPENSATION MINUTE ANNEX 6. GRIEVANCES OF AHs AND SETTLEMENTS ANNEX 7. PROPOSED REPLACEMENT COST AND ACTUAL COMPENSATION RATE IN PHU GIAO DISTRICT ANNEX 8. PICTURES INVESTCONSULT GROUP 3

6 LIST OF TABLES Table 1. List of communes in Binh Duong that have the transmission line... 7 Table 2.Technical features of the transmission line in Binh Duong province... 7 Table 3. Summary of impacts from the Project... 9 Table 4. Number of samples selected for monitoring and interviewing in the second monitoring phase in Binh Duong province Table 5. List of Decisions approving compensation and assistance plan for the AHs in Phu Giao District Table 6. Summarizing numbers land dossiers and AHs in approved compensation and assistance plans Table 7. Summarized number of households and amount of money paid in each commune Table 8. The real situation of the implementation of RP Table 9. Result of the interview of AHs on the measures of information dissemination and public consultation Table 10. Comparison between the agricultural land price applied to the Project and the highest price rate in accordance with the Decision No. 66/2011/QD UBND Table 11. Satisfaction level of compensation rate Table 12. Satisfaction level Table 13. A summary of assistances payment in Phu Giao district INVESTCONSULT GROUP 4

7 ABBREVIATIONS ADB : Asian Development Bank AHs : Affected Households APs : Affected Persons CC : Compensation Council CLRD : Center for Land Resources Development CPMB : Central Vietnam Power Projects Management Board DONRE : Department of Natural Resources and Environment LURC : Land Use Right Certificate NPT : National Power Transmission Corporation PC : People Committee PECC4 : Power Engineering Consulting.Jsc No.4 REMDP : Resettlement and Ethnic Minority Development Plan ROWs : Right of Ways RP : Resettlement Plan SPS : Safeguard Policy Statement INVESTCONSULT GROUP 5

8 I. GENERAL INTRODUCTION The Government of Vietnam has requested the Asian Development Bank (ADB) to provide a loan to construct km long Pleiku My Phuoc Cau Bong 500kV transmission line that starts from Pleiku, goes through My Phuoc and finishes at Cau Bong in the South of Vietnam. The proponent and Executing Agency for the loan is the National Power Transmission Corporation (NPT). The Central Vietnam Power Projects Management Board (CPMB) is responsible for the operation of the power system in central Vietnam and will be the Executing Agency of the Project. NPT has identified the 500kV Pleiku My Phuoc -Cau Bong transmission line as a high priority project and one of several construction projects conducted in order to meet the target of connecting 90% of the population to electricity by 2020 and 100% by The proposed 500kV transmission line from Pleiku in the Central Highlands to Ho Chi Minh City will meet energy demand in the South of Vietnam which is growing at 14% per year and expected to balloon out to 25% by The construction of 500 kv Pleiku My Phuoc Cau Bong transmission line together with expansion of Pleiku substation will be an enhanced and more reliable energy supply to the South of Vietnam, especially to industrial zones in the area. The 500kV Pleiku My Phuoc Cau Bong transmission line has the total length of km. It will starts from the existing Pleiku substation in Chu Pah district of Gia Lai province and finishes at the tentative Cau Bong substation in Cu Chi district of Ho Chi Minh city Objectives of the Project - The 500kV Pleiku My Phuoc Cau Bong transmission line Project is a part of the National electricity transmission network which was developed to maintain the power supply that meet the demand of economic growth in the Southern area during Besides, the Project will ensure the connection of transmission network within Vietnam, Laos and Cambodia by The Project also helps to increase the reliability of power supply, to decrease the risk of electricity losses. It will also optimize capacity of power plants in order to provide electricity continuously and safely to the sub-loading lines of the South in particular and the whole country in general Scale and scope of the Project in Binh Duong province The transmission line component in Binh Duong with km long starts at G69 position bordering with Chon Thanh district of Binh Phuoc province and ends at G81 position bordering with Cu Chi district of Ho Chi Minh city. Totally, the transmission lines go through 10 communes of Phu Giao and Ben Cat districts in Binh Duong province. List of communes that have the transmission line is displayed in Table 1. INVESTCONSULT GROUP 6

9 Table 1. List of communes in Binh Duong that have the transmission line Districts Communes An Long commune Phu Giao district An Linh commune Tan Long commune Lai Uyen commune Tan Hung commune Lai Hung commune Ben Cat district Long Nguyen commune My Phuoc commune An Dien commune Phu An commune Number of towers that would be built in Binh Duong is 99, starts at tower 6906 in Long An commune, Phu Giao district and ends at tower 8102 in Phu An commune, Ben Cat district. Some technical features of the transmission line are listed in Table 2. Table 2.Technical features of the transmission line in Binh Duong province Item Technical data Length (km) Starting point Position G69 (tower 6906), An Long commune, Phu Giao district - Ending point Position G81 (tower 8102), Phu An commune, Ben Cat district Right of Way (ROWs) width 16m from either side of the centre line Earth grounding width Voltage 60m from the 16 th center line 500 kv meter from the Number of circuits 2 INVESTCONSULT GROUP 7

10 Item Technical data Conductor Earth wire Optical repeater cable 4xACSR-330/43 OPGW-90 & PHLOX fibers Number of towers 99 Suspension towers 85 - Height Average is 65m, the highest is 79m - Area requirement/tower m² Tension towers 14 - Height Average is 60m, the highest is 72m - Area requirement/tower m² Source: RP for Binh Duong province Routes of the transmission line in Binh Duong are displayed in the following figure: Figure 1: Routes of the 500kV Pleiku My Phuoc Cau Bong transmission INVESTCONSULT GROUP 8

11 line in Binh Duong province II. AN OVERVIEW OF THE RESETTLEMENT PLAN (RP) In Binh Duong province, the Project Owner has prepared a Resettlement Plan (RP) in order to summarize the initial impacts of land acquisition as well as to form a statement of policies for compensation, assistance and resettlement. A summary of the RP is described as follows: 2.1. Project impacts A summary impacts of Project to affected households (AHs) in Binh Duong Province, which has been listed in RP, will be stated in the following table: Table 3. Summary of impacts from the Project Types of impacts Phu Giao district Ben Cat district Number of AHs Number of AHs by the ROWs - Number of AHs have permanent land acquisition Number of female households owners Number of male households owners Number of affected institutions 1 6 Area of lands inside ROWs (m 2 ) 312,017 1,039,449 Area of permanent land acquisition(m 2 ) 5,190 21,856 Number of affected houses 1 65 Total area of affected houses (m 2 ) 118 5,517 Number of other affected structures Number of affected industrial trees 17,002 54,931 Number of affected fruit trees 0 1,604 Source: RP for Binh Duong province Besides the impacts mentioned in Table 3, the transmission line in Binh Duong province will not affect ethnic minorities as well as cultural heritages, architecture or historical monuments. INVESTCONSULT GROUP 9

12 2.2. Legal framework of RP The legal and policy framework for compensation and resettlement under the Project is defined by the relevant laws provided by Vietnamese Government Law on Land, promulgated on November 26, 2003 by Vietnam s National Assembly. Law on Complaints, approved by the National Assembly in Government s Decree No.181/2004/ND-CP, dated October 29, 2004, Guiding the Implementation of the Amended 2003 Law on Land. Government s Decree No.84/2007/ND-CP, dated May 25, 2007, providing additional guidance on the grant of land use right certificates, land acquisition, exercise of land use rights, order and procedures for compensation, support and re-settlement when land is recovered by the State. Government s Decree 197/2004/ND-CP, dated December 03, 2004, regulating compensation, assistance and resettlement when the State acquires the land. The Decree provides guidance on implementation of land compensation, assets compensation, support and resettlement policy related to land acquisition. Government s Decree 188/2004/ND-CP, dated November 16, 2004, on methods to identify land price and land price frame for different types of land. Government s Decree 123/2007/ND-CP, amending and supplementing some articles of Decree 188/2004/ND-CP. Government s Decree 69/2009/ND-CP, dated August , additionally providing for land use planning, land acquisition, compensation, assistance and resettlement in case of land acquisition, regulating the land price, land allocation and lease, and additional requirements related to land use rights. Government s Decree 106/2005/ND-CP dated August 17, 2005, regulating the protection and safety corridor of high-voltage power grid works. Some articles of this decree was amended and supplemented by Decree 81/2009/ND- CP dated October 12, Government s Decision 52/2012/QD-TTg dated November 16, 2012 on employment and vocational training support policies for laborers subject to agricultural land acquisition. Circular 144/2004/TT-BTC, dated November , of the Ministry of Finance providing guidelines on the implementation of Government s Decree 188 on land price evaluation. Circular No. 14/2009/TT-BTNMT dated October 1, 2009 of the Ministry of Natural Resources and Environment, detailing the compensation, support and resettlement and order of and procedures for land acquisition, allocation and lease. INVESTCONSULT GROUP 10

13 III. INDEPENDENT MONITORING 3.1. Overview of the independent monitoring on the implementation of RP and REMDP Besides the internal monitoring reports on the implementation of RP conducted by the CPMB, the Donor of the Project requires an objective source of information that separate from the internal report. That is called Independent Monitoring and will be implemented by an external monitoring agency that is independent from the CPMB. The independent monitoring on implementing RP of the Pleiku My Phuoc Cau Bong 500 kv transmission line Project is carried out by the Investment Consultancy and Technology Transfer Co,.Ltd (InvestConsult Group). This agency has supplied several similar services to the projects financed by international organizations Objectives of the independent monitoring The main objective of the consultancy service is to ensure that the APs of the Pleiku My Phuoc Cau Bong 500kV transmission line Project will receive full supports and benefits as stated in RP as approved. The monitoring activities are conducted in order to: (i) (ii) (iii) (iv) Ensure the rehabilitation and improvement of APs livelihood; Supervise the whole Project to check if the current resettlement activities are aligning with the RP or not. Propose methods and solution if necessary; Assess if the rehabilitation and compensation methods are fully complied with the RPs or not; Detect arising problems during the implementation of the Project and propose mitigation measures Scope of works Monitoring process of the RP consists of the following tasks: (i) Verify whether the inventory of losses is conducted in a transparent measure and involve the participation of the relevant parties or not; (ii) Determine the level of involvement of the APs during the implementation of RPs; (iii) Verify whether the compensation payment and supports are conducted timely to all APs as approved in RPs or not; (iv) Verify whether the public consultation and raising awareness programs has been implemented as it was provided in RPs; (v) Verify whether the implementation of resettlement activities are harmonized with the progress of the construction activities; (vi) Check the resettlement process and procedure for switching land use; (vii) Survey the satisfaction level of APs with the content of RPs; INVESTCONSULT GROUP 11

14 (viii) Assess the compensation procedure (including related documents, implementation and measures); (ix) Evaluate the effectiveness, impacts and the sustainability of right protection measures, income restoration programs and improvement of rehabilitation measures; (x) Evaluate the opportunities for restoring the living standard and livelihood of APs, especially to the severely affected households and vulnerable persons including female headed households and ethnic minorities households; (xi) Verify whether the local community are suffered from any kind of impacts related to gender issues, HIV/AIDS, other transmission diseases and human trafficking; (xii) Notify any resettlement impacts occurred during the construction activities; (xiii) Evaluate the organizing capacity of AMT related to the implementation of internal monitoring and reporting on the compensation and resettlement Monitoring indicators RP monitoring indicators includes but not limited to these indicators: a. Monitoring of organizations, units implementing RP - Organizations and units implementing RP (name, number of staffs, job description of each organization, etc). - Related agencies (local authorities, departments and unions, etc). The cooperation mechanism within related agencies, responsibility of each agency, etc. b. Monitoring of compensation payment - Payment in full amount for the assets losses; compensation based on replacement cost; - Payment on time for all AHs (according to RP). c. Monitoring of the reconstruction of civil infrastructures - All basic infrastructure (water supply, drainage system, roads, etc.) need to be built in resettlement areas in a manner that is equal or better than the old ones d. Monitoring of the provision of resettlement places (if any) - Interview APs who is qualified to be resettled in the resettlement places to check if they were consulted on the location of the resettlement places, houses and lands. Supervise to check if the resettlement places are located in environmental sensitive areas such as forest area and flooded area or not; - Supervise the selection of resettlement areas, designs, infrastructures and location of lands (that allows APs to maintain/improve their living); - Supervise the drainage system (if any) and its operation; supervise the waste INVESTCONSULT GROUP 12

15 management activities including the method and process of waste disposal applied in resettlement areas; observe and test smell of waste, aesthetic issues, the gathering of rats, insects and other transmission vectors, etc in the resettlement areas; - Check if APs have been receiving all their benefits on time; - Check if displaced households are consulted at least 03 months before replacement take place ; - And other issues stated in RP and other findings from reality observance. e. Satisfaction level monitoring - Assess the satisfactory level of the APs in terms of different aspects of RP which are monitored and taken note; and - Assess problems of grievance and compensation and time framework( time of settling complaints); - Propose measures for remained problems. g. Monitoring of information publicity and community consultation - Check if they were consulted or not on issues related to their rights such as compensation rate, policy of rights, location, designs and distribution of land in resettlement areas; - Involve in meeting of people organized by AMT or Provincial/District s Committee of Compensation to know more about current situation of the implementation of RP as well as newly arose problems to give suggestion on time; - Check information related to RP at local agencies and supervise the dissemination of information to APs. h. Result of the communication activities for the prevention of HIV/AIDS and human trafficking (such as the number of attendants, method, frequency of promotion activities, etc.) i. Living standard - During the implementation, assess and report on the trend of living standard recovery; - Research on basic level of living standard of APs before and after the resettlement to assess the improvement of APs living standard; - Predict the recovery of APs income and living standard; - The recovery of SAPs; - Assess the financial supports to APs as stated in RP; - Monitor the rehabilitation support to SAPs. INVESTCONSULT GROUP 13

16 3.5. Implementation method The monitoring is carried out by a combination of document analysis method, quantitative methods (survey by questionnaire) and qualitative methods (in-depth interviews, focus group discussions with the key staff and APs). The Consultant has prepared a questionnaire and in-depth interview guide. The collection of information related to the resettlement will be carried out in the CPMB, the district Compensation Board/ Center for Land Resources Development (CLRD) and the affected households. The evaluation results are compared with the field monitoring results Information collection Document analysis Before implementing monitoring work, the Consultant has thoroughly researched following documents: RP of the project; TOR for consultancy service; Compulsory resettlement policies of ADB (2009); Policies of Vietnam s Government on land acquisition, compensation, support and resettlement as: - Government s Decree No.181/2004/ND-CP, dated 13/11/2004 guiding the Implementation of the Amended 2003 Law on Land; - Government s Decree 188/2004/ND-CP, dated November 16, 2004, on methods to identify land price and land price frame for different types of land; - Government s Decree 197/2004/ND-CP, dated December 03, 2004, regulating compensation, assistance and resettlement when the State acquires the land; - Government s Decree 123/2007/ND-CP, amending and supplementing some articles of Decree 188/2004/ND-CP; - Government s Decree 84/2007/NĐ-CP dated 25/5/2007; - Government s Decree 69/2009/ND-CP, additionally providing for land use planning, land acquisition, compensation, assistance and resettlement; - And other related documents. Documents / memorandum related to RP implementation and policy framework for compensation, support and resettlement which ADB were not opposed and was approved by the Prime Minister Qualitative method Monitoring experts exchanged with PMU s leaders and officials in charge of resettlement, officials in charge of land acquisition compensation and site clearance of Lan Resources Development (CLRD) to collect related information and documents. The in-depth interviews APs are integrated in the interview by questionnaire Quantitative method Monitoring team conducted a survey to collect information and assess the compensation and resettlement of the route. INVESTCONSULT GROUP 14

17 Based on the list of AHs provided by CLRD, consultant randomly selected households to interview. The subjects were interviewed including women, the elderly and other vulnerable groups Sampling The location for the second monitoring will be divided: (1) the administrative unit related to the project and (2) at project sites, namely: - At the office of CPMB; CLRD of Phu Giao district and PCs of communes; - At project sites: Interview AHs and take photograph of typical cases. Selection and classification of objects Objects for the second monitoring phase that monitoring staffs have to contact and work with can be classified into 2 main groups: Group 1: Officials that directly or indirectly involve in mitigating impacts on people and the environment, especially officials of construction units. Besides it, it also includes officials of CPMB and local authority. Group 2: households that have assets affected by the construction of project. Sampling According to the contract between the CPMB and Monitoring Unit, the sampling process must have 10% of the AHs along the TL according to compensation plan issued by the authority. At the second round of monitoring, the Consultant has selected randomly AHs for the monitoring as described in Table 4. The measure for sampling is as following: (1) All communes in the project area were surveyed; (2) Interview 100% severely affected households; (3) The selected AHs have included ethnic minorities and AVPs As there is none of ethnic minority nor vulnerable AHs in Phu Giao district, the number of selected households for second monitoring is as follows: Table 4. Number of samples selected for monitoring and interviewing in the second monitoring phase in Binh Duong province No. District Severely affected households Marginally affected households Total 1 Phu Giao Ben Cat (*) Total (*) In the second monitoring phase, the Consultant has surveyed a small amount of displaced households in former Ben Cat district (which is now Ben Cat town and Bau Bang district) to assess the compensation and assistance situation of this district. INVESTCONSULT GROUP 15

18 IV. OUTCOMES AND FINDINGS FROM THE SENCOND MONITORING PHASE The second periodic monitoring phase in Gia Lai, Dak Lak, Dak Nong, Binh Phuoc, Binh Duong and Ho Chi Minh City took place from June 26 to July 11, The Consultant - Investment Consultancy and Technology Transfer Co., Ltd. - carried out independent monitoring on resettlement and ethnic minority in 15 cities/districts of 06 provinces. In Binh Duong province, the Consultant conducted monitoring activities in Phu Giao district and obtained the following outcomes and findings: 4.1. Implementation progress of the Project The transmission line in Phu Giao district is 10,711m long and consists of 22 towers from 6906 (G69) to 7012 (G70) which is a part of the works package No. 13. The construction at Phu Giao was undertaken by Power Construction.Jsc No. 1 and Thang Long Industry construction and trading.jsc. By the time when the Consultant conducted the second periodic monitoring phase, the construction of the towers and the setup of conductors at Phu Giao district had been completed. The shock discharge test for transmission line from Pleiku to Cu Chi was conducted in May, The progress of compensation and resettlement The execution of the compensation, resettlement and site clearance following the Resettlement Plan (RP) has been conducted since 2011 by the Project Owner, authorities of the province and district as well as the CLRD of Phu Giao district. Accordingly, Phu Giao district had established a Council of Compensation, Assistance and Resettlement (CC) as well as implemented the consultation and information dissemination to AHs The progress of approving compensation and assistance plans By the time when the second periodic monitoring occurred, Phu Giao district had completed the inventory activity for 102 households and organizations which are affected by land acquisition and ROWs. All compensation plans for these dossiers had been submitted to the Department of Natural resource and Environment and the PC of Binh Duong Province for approval by the CC. The PC had issued 3 decisions to approve and supplement compensation plans for the affected households and organizations. The list of decisions is shown in Table 5. INVESTCONSULT GROUP 16

19 Table 5. List of Decisions approving compensation and assistance plan for the AHs in Phu Giao District No. of Decision Date of issue Content Approved amount (VND) 2627/QD- UBND September 27, 2012 Approving compensation, supports and resettlement plan phase 1 29,665,490, /QD- UBND August 05, 2013 Approving compensation, supports and resettlement plan phase 2 20,816,000 The number of land dossiers and AHs had their compensation and assistance plans being approved are demonstrated in Table 6. Commune Table 6. Summarizing numbers land dossiers and AHs in approved compensation and assistance plans Lands in towers foundations Land in ROWs Dossiers AHs Organizations Dossiers AHs Organizations An Long An Linh Tan Long Total Source: CLRD of Phu Giao district In the first phase of authentication and approval compensation plans, 100% of the AHs and affected organizations of Phu Giao district had been approved their compensation plans. In the second approval of the compensation, assistance and resettlement plans, only 4 AHs in the first approval of compensation plan were supplemented their affected assets Compensation and rehabilitation of lands affected by the construction In addition to the approval of compensation and assistance plans for the assets affected by the construction of foundations and by the ROWs, the PC of Binh Duong had issued Decision No. 769/QD-UBND dated April 8, 2014 on the approval of compensation and land rehabilitation plans for the lands which were borrowed for the construction works. The assistance categories include: temporary land for excavated ground, material yard, transport road and the road for buried wire. Besides, the affected trees were also be compensated. There were total 29 households in Phu Giao district received the compensation with amount of 862,430,680 VND. By the time of the second monitoring phase, the construction agency had return the borrowed area to the AHs Compensation for assets located outside the ROWs INVESTCONSULT GROUP 17

20 After the completion of the construction and the setup of conductors, the Project Owner was cooperating with local authorities of places, where the transmission line goes through, in the inventory and cutting down of high trees (mostly rubber trees) locating outside the ROWs, but still had a risk of falling into the line. At the time of supervision, the inventory activity was being conducted at Phu Giao district. A large number of affected assets were added to the supplemented compensation plans and submitted to the PC of the province for approval The progress of compensation payment For the progress of compensation payment, by the time of the second monitoring, the compensation payment for the permanent affected household and by HLT had been completed. All 101 households were paid with amount of 29,686,306,840 VND. Summarized number of households and amount of money in each commune in Phu Giao districts demonstrated in Table 7. INVESTCONSULT GROUP 18

21 Table 7. Summarized number of households and amount of money paid in each commune Unit: VND District/ communes No. of AHs Compensation for lands in foundations Compensation for houses Compensation for other structures Compensation for crops Allowance for agricultural lands in ROWs Allowance for job changing Total Phu Giao district An Long ,261, ,593, ,045,340 2,920,158,900 15,277,338, ,522,000 19,862,918,640 An Linh ,768, ,567,000 4,678,846, ,536,000 5,953,717,800 Tan Long 14 61,477, ,086,000 2,586,833, ,954,000 3,869,670,400 Total ,506, ,593, ,045,340 4,182,811,900 22,543,018,600 1,325,012,000 29,686,306,840 Source: CLRD of Phu Giao district INVESTCONSULT GROUP 19

22 The progress of compensation and resettlement in Phu Giao district has been implemented rapidly, thus, made a favorable condition for construction progress to meet the deadline for closing circuit. One of the significant reasons for the rapid progress was the small proportion of the TL in Phu Giao district in the total length of the TL. Therefore, the amount of affected assets at Phu Giao was not big and the grievances problems were not as complicated as those at other localities Update on compensation and resettlement situation in Ben Cat district According to the decision of People s Council of Binh Duong province, from 1 April 2014, Ben Cat district will be divided into Ben Cat town and Bau Bang district. Among 7 communes and town in old Ben Cat district, My Phuoc ward and An Dien, An Phu commune will belong to new Ben Cat town. Meanwhile, Long Nguyen, Lai Nguyen, Tan Hung, Lai Hung commune will belong to Bau Bang district. The implementation of compensation and assistance of old Ben Cat district will be transferred to CLRD of new district and town. About compensation and resettlement, the Consultant interviewed 10 displaced households by affected ROWs in Ben Cat district. The assistance form applied for these households includes: resettlement assistance 116,500,000 VND/household (similar to 1 land slot in resettlement area, movement assistance 3,000,000 VND/household and rent house assistance 12,000,000 VND/household Organizations and agencies implementing the RP Through the monitoring, the organizations and agencies in charge of implementing RP have fulfilled their tasks as required. In fact, the compensation, assistance and resettlement work in Binh Duong is described in Table 8. Table 8. The real situation of the implementation of RP No Agencies Tasks 1 2 National Power Transmission Corporation (NPT) Central Vietnam Power Projects Management Board (CPMB) NPT is the Project Owner, being responsible for managing and implementing the Project, allocating budget and monitoring the implementation of REMDP; Support the Project Owner s representative, which is CPMB, in implementing the Project s REMDP. - Being the representative of the Project Owner in implementing the Project; - Appoint permanent representative in Binh Duong to manage the implementation the Project; - The representative of CPMB in Binh Duong would cooperate with local authorities in organizing the compensation and supports, including: (i) Information dissemination and public consulting: Disseminating information about RP to affected persons (APs) in the local; Besides, actively involving in meeting and answering questions of INVESTCONSULT GROUP 20

23 No Agencies Tasks People Committee of Binh Duong province Department of Natural Resources and Environment of the province (DONRE) People Committee of districts each AH; together with supporting related agencies in complaints settlement; (ii) Participating in every steps of compensation and supports process; then advising related agencies on issuing policies about compensation and supports in the local area; (iii) Delivering the money for compensation and supports to the CLRD of district and support the CLRD in organizing the payment of compensation. - Report implementing progress to ADB and NPT on the implementation of RP. - Approving the unit price for compensation and supports for the Project; - Approving the scheme of compensation and supports to sets of land documents authenticated by the DONRE; and - Recognizing complaint and authorized related agencies on processing complaints. The DONRE takes charge of appraising schemes for compensating and supporting AHs which was previously propose by the PC of district; then submit to the PC of province for approving. - Establishing the Committee of Compensation, Supports and Resettlement for the Project; - Guiding the related agencies through the implementation of surveying, summarizing impacts to AHs; consulting the community, disseminating information about the resettlement policies and the RP implementation; - Submitting the schemes for compensating and supporting, which were authenticated by the DONRE, to the PC of the province; - Issuing decisions breaking down compensation plans to each AH, based on the schemes approved by PC of the province; - Authorizing the CLRD to settle complaints of AHs in district level. 6 Committee of - Cooperating with districts Offices of Natural Resources INVESTCONSULT GROUP 21

24 No Agencies Tasks 7 Compensation, Supports and Resettlement (CCs) and Centers for Land Sources Development of districts (CLRDs) PC communes of and Environment and PCs of communes on mobilizing staffs to conduct the inventory for affected houses and assets; - Reviewing the compensation rate, suggesting the suitable compensation price (if necessary); - Cooperating with representatives from CPMB, organizing meeting with AHs and local authorities in order to disseminate information of the Project as well as compensation and supports policies; - Public land dossiers that have been inventoried - Submit the compensation and supports plans to PC of districts for later submitting to PC of the province; - Receiving compensation money from CPMB, inform to AHs to receive money and conducting compensation payment to AHs - Receiving and settling complaints of AHs; report the result of settlement to upper management. - Providing necessary information, contributing to the inventory and survey; - Cooperating with the representatives of Project Owner and CC on organizing consulting meeting with the local community, disseminating information and paying compensation to APs; - Transfer all feedbacks of APs to the Committee of Compensation and Resettlement of the district; settling complaints at commune level; suggesting solutions to the remaining problems (if any). 8 Affected Persons (APs) APs have responsibility in checking carefully affected assets, their rights and transfer site for construction in time after receiving all the rights Information dissemination and public consultation Through discussion with CLRD of Phu Giao district and the staffs from PCs of communes in the project s area, it is said that Project s information dissemination has been implemented thoroughly. The channels of information dissemination include: Invitation to meetings for information dissemination: The representatives of the Project Owner, together with the CLRD and PCs of communes held meetings for providing information and consultation at each commune. The meetings had been held several times before inventory, after the inventory activity and after the INVESTCONSULT GROUP 22

25 disclosure of compensation plans. At the meetings, the project s staff had disseminated the project scale at each commune, compensation and resettlement policies as well as the inventory plan to each AP. Public compensation plans at PC of each commune: After the completion of measurement and inventory activity, CLRD conducted price application and preparation compensation plans for the AHs. The compensation plans were then posted at communes PC. The public posting was executed with the representatives of CLRD, the PCs of communes and AHs. The compensation plans were posted within 20 days. During such period, the households were entitled to send complaints and inquiries to the communes PC. After the period, the posting was terminated. The execution and termination of posting the compensation plans were recorded with the confirmation of relevant parties. Information announcement on loudspeakers: The implementation progress of site clearance, compensation and resettlement was announced on the loudspeakers of each commune. Direct dissemination: The project staff and representatives of local authorities came directly to each AH to disseminate the information about the project, the progress of the inventory and compensation policy. This channel focused on the households that did not attend the information dissemination meetings nor had complaints. Table 9 indicates the result of 20 AHs answers in the interviews about whether they received the information dissemination and public consultation through the channels mentioned above. Table 9. Result of the interview of AHs on the measures of information dissemination and public consultation No Communes Number of interviewed AHs Number of households responding Yes to each methods Invitation to participate in meetings Public posts Loudspeaker Direct dissemination 1 An Long An Linh Tan Long Total Source: In-depth interviews with the AHs According to the result shown in the table, while 100% of households answered that they obtained information through meetings and direct dissemination, only half of 20 households responded that they obtained information through public posts and loudspeakers. This reason was due to the characteristic of population distribution at the local area at which were divided by the forests of rubber trees and far away from the commune s PC or the loudspeakers. INVESTCONSULT GROUP 23

26 Besides, according to the representatives of the CLRD of Phu Giao district, another reason for the limitation of the information dissemination is that the land owners resided another place. Therefore, they could not know the disseminated information of the project Evaluating the implementation of compensation activities Legal basis for calculating the compensation rate According to the decisions issued in Binh Duong province, the following legal documents have been taken for references: 2003 Law on Land, promulgated on November 26, 2003 by Vietnam s National Assembly. Government s Decree No.181/2004/ND-CP, dated October 29, 2004, Guiding the Implementation of the Amended 2003 Law on Land. Government s Decree No.84/2007/ND-CP, dated May 25, 2007, providing additional guidance on the grant of land use right certificates, land acquisition, exercise of land use rights, order and procedures for compensation, support and re-settlement when land is recovered by the State. Government s Decree 197/2004/ND-CP, dated December 03, 2004, regulating compensation, assistance and resettlement when the State acquires the land. The Decree provides guidance on implementation of land compensation, assets compensation, support and resettlement policy related to land acquisition. Government s Decree 188/2004/ND-CP, dated November 16, 2004, on methods to identify land price and land price frame for different types of land. Government s Decree 123/2007/ND-CP, amending and supplementing some articles of Decree 188/2004/ND-CP. Government s Decree 69/2009/ND-CP, dated August , additionally providing for land use planning, land acquisition, compensation, assistance and resettlement in case of land acquisition, regulating the land price, land allocation and lease, and additional requirements related to land use rights. Circular No. 145/2007/TT-BTC dated 06 December, 2007 of the Ministry of Finance on guiding the implementation of Decree No. 123/2007/ND-CP about the measures for determining land price and land price frame. According to the mentioned legal document, Binh Duong province has issued decisions approving compensation plan and decisions approving land price bracket. The regulations and decisions that applied in Phu Giao district are as follow: Decision No. 87/2009/QD-UBND dated December 21, 2009 issuing the Regulation on Policies, Process and Procedure of Compensation, Supports and Resettlement when Acquiring Lands in Binh Duong Province. Decision No. 58/2011/QD-UBND dated December 19, 2011 of the PC of Binh Duong Province on Policy of Compensation and Support for People Whose Lands are acquired by the State in Binh Duong Province. Compensating and Supports for Structures on Lands, Trees and Crops; Decision No. 66/2011/QD-UBND dated December 20, 2011 of the PC of INVESTCONSULT GROUP 24

27 Binh Duong Province on Setting Land Price Brackets for Land Categories in Binh Duong Province in Decision No. 67/2011/QD-UBND dated December 20, 2011 of the PC of Binh Duong Province on Issuing Coefficient K to Adjust the Land Price Brackets in Binh Duong Province in Dispatch No. 3905/UBND-KTN dated December 28, 2011 about Policies on Compensation, Supports and Resettlement for the Construction of 500kV Pleiku My Phuoc Cau Bong Transmission Line. Decision No. 1635/QD-UBND dated September 09, 2013 about the Approval of Price for Compensation, Supports for Lands to Implement the 500kV Pleiku My Phuoc Cau Bong Transmission Line in Phu Giao District. After receiving the province s Decisions, on August 29, 2012, the PC District and Project's Committee of Compensation had issued the Compensation and Resettlement Plan for the 500kV Pleiku My Phuoc Cau Bong transmission line construction project at Phu Giao district. This plan includes the following policies applied for the project: (a) Compensation Conditions; (b) Compensation rate for land; (c) Compensation rate for houses and structures;(d) Compensation rate for plants; (e) Resettlement and Compensation Policy (refer to Annex 4) The completeness and timeliness of the compensation The validity of compensation documents Each set of compensation documents consists of several papers, including these basic papers: (i) Minutes of assets inventory; (ii) Minutes of situation identification; (iii) (iv) Drawings; Detail compensation, supporting plans to each household; (v) Receipts of compensation payments, and (vi) Complaints in written (if any). In addition to above documents, some other materials/papers considered such as: compensation plans, decisions on approving compensation plan, supplemented compensation and support plan (if any), decisions on settling complaints of local authorities, etc. Validity of compensation documents is assessed through (i) completeness of above administrative documents, (ii) appropriation in terms of time between documents/papers, (iii) completeness of signatures and (iv) accuracy of calculations. According to the random inspection of compensation documents in the last monitoring visit, basically, most of the document satisfied the following criteria: - Each document has all above-mentioned papers; - The time between the documents, materials are appropriate; - Data of documents is unified; INVESTCONSULT GROUP 25

28 - The calculations are accurate; - Having all relevant signatures. - The amount of compensation and assistance listed in the documents was calculated suitably to compensation and assistance policies in Binh Duong and RP The completeness of price a) Compensation rate in Binh Duong During the implementation of the Project, the authority of Binh Duong province has made some adjustments to agricultural land price for the Pleiku My Phuoc Cau Bong 500kV transmission line project, in Phu Giao district that mentioned in Decision No. 1635/QD UBND. This price rate is higher than the normal price rate which is mentioned in Decision No. 66/2011/QD-UBND dated December 20, Table 10 is the comparison the agricultural land price rate applied to the Project and the highest price rate in accordance with the Decision No. 66/2011/QD-UBND. Table 10. Comparison between the agricultural land price applied to the Project and the highest price rate in accordance with the Decision No. 66/2011/QD UBND Unit: VND/m 2 Land position Decision No. 1635/QD- UBND Decision No. 66/2011/QD- UBND Position 1 150,000 80,000 Other positions 140,000 70,000 Beside of the agricultural land price rate, the residential land price rate, compensation rate for houses, structures and plants are similar to other projects. These price rates are based on Decision No. 66/2011/QD UBND and Decision No. 58/2011/QD UBND issued by PC of Binh Duong province. In Phu Giao district, the transmission lines were designed for the least affection to the land and houses. The most significant affected assets in the area are 10-year or older rubber trees. The compensation rate for this type of asset was 300,000 VND for each tree. b) The compliance to replacement cost The RP of Binh Duong province proposed a replacement cost for agricultural land, residential land, forest land crops and other fruit trees. The replacement cost, which was proposed for each commune, only have one rate applied for all land position and all areas. In fact, the actual compensation rate was varied for each position and area. In particular: For the agricultural land, the compensation rate was applied higher than the replacement cost proposed in RP. For residential land, the replacement cost was proposed higher than the land price of lands in the position 3 and 4, but it was lower or equal to land price rate in the position 1 and 2. Based on the decision 66/2011/QĐ-UBND of Binh Duong province (see Annex 7) About replacement cost for crop and trees, the proposed rate for rubber tree was INVESTCONSULT GROUP 26

29 300,000VND/tree but in fact the rubber tree price rate can be varied, depends on the age of tree. Therefore, the mentioned replacement cost is higher than the compensation rate of 250,000 VND/tree for the lower-than-10-year trees and equal to compensation rate of 300,000VND/tree for the higher-than-10-year trees. c) The satisfaction of compensation rate An important basis for evaluating the completeness of price is the satisfaction of AHs about the compensation rate. In order to obtain a fundamental for assessment, the Consultant asked the AHs about the applied compensation rate. Result of the survey about the satisfaction level of AHs toward the applied compensation rate is mentioned in Table 11. Table 11. Satisfaction level of compensation rate Number of AHs being interviewed Satisfied Satisfaction of AHs Unsatisfied Source: In-depth interview with AHs The result has presented a high rate of unsatisfied AHs about the approved compensation rate. These AHs had their land use capacity being restricted because of the ROWs. These AHs requested to increase the assistance level of agricultural land from 60% to 100% because of the effect of ROWs. For these cases, CLRD of the district had responses in documents to each AH (refer to Grievance and Grievance Redress) Completeness in term of quantity Completeness in terms of quantity of AHs assets is assessed through: (i) comparison between minutes of asset inventory, compensation calculation worksheet and Minutes of compensation payment, (ii) interviewing AHs. The result of the review need to ensure: - Owners of AHs participated in the inventory of losses; - Sufficient inventory of losses; - Documents displays numbers clearly; - None of the errors are occurred during the preparation of compensation plan. About the measurement and price application, because of small number of AHs in Phu Giao, the inventory of losses in foundation positions and in the ROWs were implemented at the same time. The detailed compensation plan for each household includes the compensation for permanently acquired land and for affected assets by the ROWs. In this process, CLRD of Phu Giao district has implemented inventory at households with the representative of communes, villages, CLRD and APs. Minutes for inventory of losses and the minutes of compensation payment were signed by the involved parties (refer to Annex 5). The households are enable to keep one copy of each kind of minutes for reference. During the process of interviewing the households, there are 100% of the households confirmed that their families participated in the inventory and kept one copy of minutes of inventory of assets. INVESTCONSULT GROUP 27

30 About the completeness of inventory assets, the Consultant interviewed some households, which have received the compensation, to evaluate the completeness of quantity of the assets. Within 20 interviewed households in the second periodic monitoring phase, there were 3 households of Mr. Nguyen Cu, Mr. Tran Van Thanh and Mr. Pham Van Tien at Bau Cam village, An Long commune had feedbacks about shortage in the inventory. In addition, CLRD of the district also received complaint requesting retake of inventory assets. All of the above cases were responded and CLRD of the district has conducted the retake of the IOL (see part Grievance and Grievance Redress). For the accuracy of the assets listed in the compensation dossier at Phu Giao district, there was one case of Ms. Dinh Thi Que at Bau Cam village, An Long commune, who complained about the difference between the draft of compensation minute sent to her households and the official price actually paid. The CLRD of Phu Giao district has explained about the difference and their correction to the households. (Refer to Annex 6). Additionally, the inventory assets of the AHs were compensated sufficiently in accordance with the value mentioned in the compensation payment minutes. There were no differences in term of quantity in those minutes. The amount of money which was paid to the households and was recorded in receipts of payment absolutely coincided with the approved amount of money as displayed in the decisions and compensation plans for the households The timeliness of compensation Resettlement Plan (RP) of the project indicated that all of the affected assets have to be compensated before the site clearance of project. At Phu Giao district, the payment for the AHs was implemented one time with 100% of compensation value for land and assets in the foundations and in the ROWs. The payment was made at the office of CLRD of the district. After receiving the money, the households also received a receipt of payment which included the verification of related parties and enclosed with other related papers. In 20 interviewed households in the second periodic monitoring phase, all of them said that the construction was only conducted after they had received full of compensation Evaluation of satisfaction By directly interviewing each household, the Consultant has evaluated the satisfaction level of the AHs on information dissemination, inventory assets and compensation rate. The result of evaluating satisfaction level of 20 interviewed households at Phu Giao in the second periodic monitoring phase is mentioned in the Table 12. INVESTCONSULT GROUP 28

31 Table 12. Satisfaction level No Interview content Did the AHs participate in consulting activities and be provided with information about policies and rights when they have lands acquired for the Project? Did the AHs participate in the inventory and sign in the inventory minutes? Did the AHs clearly understand all the compensation and supports after information dissemination? Did the AHs review the tables listing compensation value before signing in the compensation plan and keep a copy of the compensation plan approved by authorities for the payment? Result Total Yes No Did the AHs satisfy with the compensation value for lands and assets? Did the AHs understand the complaining procedures? Source: In-depth interview with AHs Result of the interview has shown a high level of satisfaction from the AHs to the inventory and compensation payment. In the category of evaluating satisfaction level on compensation rate and effectiveness of the information dissemination, half of them are not satisfied with the compensation and assistance rate that had been issued and did not obtained adequate information about their entitlements. Besides the reasons mentioned in Part 4.4 and 4.5, the AHs said that, they did not INVESTCONSULT GROUP 29

32 pay much attention on the details of the compensation. In fact, they only pay attention to the total value money that they would receive from the Project Owner. Therefore, there is a large proportion AHs did not know clearly in details about the compensation and assistance, which they received, after the information dissemination period Relocation and resettlement At Phu Giao district, the permanent land acquisition for constructing towers foundations as well as the impacts of the ROWs did not affect houses and civil structures of the AHs. According to statistics, there were 3 of 101 AHs having their houses demolished as they were located in the ROWs. However, there was only the house of Mr. Nguyen Cu at Bau Cam village, An Long commune has affected residential house, and the other 2households only have their affected temporary houses. For the case of Mr. Nguyen Cu, as his land was large so that he can be arranged to relocate on the same land Assistances and livelihood rehabilitation policies In Binh Duong province, the provincial government has adopted policies to support career change and job creation for the project s AHs in Phu Giao district. In particular, households who have land acquired for the construction of towers foundations will receive supports in cash with the value equal to 2 times the price of agricultural land of which households are compensated, irrespective of the location of the land. This policy is based on in Part of the Compensation, Supports and Resettlement Plan for the Project issued by CC of the district and is based on Article 36 of the Regulation on Policies, Processes, and Procedures for Compensation, Support and Resettlement when the State Acquires Lands in Binh Duong Province, issued together with Decision No. 87/2009/QD-UBND dated December 21, 2009 of the PC of Binh Duong province. Article 36 about supporting career change and job creation in the Regulation on Policies, Processes, and Procedures for Compensation, Support and Resettlement when the State Acquires Lands in Binh Duong Province. 1. Households and individuals, of whom directly involve in agricultural production when the State acquire agricultural lands, of whom does not specified in Article 34 of this Regulation and of whom the State does not have lands to compensate for, in addition to compensation in cash that stated in Clause 1 of Article 12 of this Regulation, will be supported with career change and job creation in the form of either cash or land or houses or land for production, non-farm business as follows: a) Supporting in cash from 1.5 to 5 times higher than the price of the entire agricultural land acquired; the area of supported land shall not exceed the quota of assigning agricultural land for a household in the local area. Organization in charge of compensation and site clearance is responsible for identifying the specific level of support accordingly. b) Supporting by assigning residential lands that would be charged the land use fee: Households and individuals of whom directly involve in agricultural INVESTCONSULT GROUP 30

33 production and of whom have land acquired for investment projects that have the residential lands source for compensation, will be considered as follows: If households and individuals willing to receive residential land, they will be provided with a (01) ground of residential land that would be charged the land use fee for an area consistent with the approved project plan. The assigned residential land pricescorrespond to the support in cash that was stated in session (a) of this Clause; the difference in value will be compensated in cash. In case the project still has the land sources for compensated, the Committee of Compensation for the project will consider propose to the People Committee providing addition ground of residential land that equal to the acquired area of agricultural lands This support applies only to the land to the projects that have the lands sources for compensating. In case the support areas is not enough or inappropriate in a residential area, the main form of support will be in cash. 2. In case the supported persons that mentioned in Clause 1 of this Article have the will to be trained and take vocational education, they will be received by vocational training center and the tuition fee will be free of charged for one courses, applied for those who are in the working age. The budget for supporting changing job would be stated in the plan for training and changing job and would be counted in the total cost of the investment project or in the approved scheme of compensation, supports and resettlement. The scheme for training and changing job would be prepared and approved together with the compensation, support and resettlement scheme. During the making of compensation, support and resettlement scheme, the affected persons who would change job shall be consulted. 3. In special cases when project owners can not build schemes for training and changing job, the level of funding for vocational training for people in the working age that are in need is not exceed 6,000,000 VND/person and would be paid after the worker being announced or recognized by the vocational training center in the local area. Besides, the AHs who have their land located inside the ROWs also receive means of supports according to the Dispatch No. 3905/UBND-KTN dated 28 December, 2011 of the PC of Binh Duong. In particular: - Residential land: support by cash with an amount equal to 80% of the land price. - The other types of land: support by cash with an amount equal to 60% of the land price. A summary of assistances payment in Phu Giao district is demonstrated in Table 13. INVESTCONSULT GROUP 31

34 Table 13. A summary of assistances payment in Phu Giao district District Assistance in job changing Assistance for lands in the ROWs No. of AHs Amount paid No. of AHs Amount paid Phu Giao 23 1,325,012, ,543,018,600 Source: CLRD of Phu Giao district Through interview and reviewing documents, all AHs in Phu Giao have been provided with the means of supports as regulated. This fact has been shown in the compensation minutes which were verified by AHs and representatives of district s CLRD (refer to Annex 5). Besides, this assistance rate met the requirement in RP of Binh Duong province Severely affected, vulnerable households and Gender issue of the Project The compensation documents in Phu Giao district did not show the presence of vulnerable households affected by the project. There is a number of 23 households headed by women within the AHs in Phu Giao. However, these female householders only appears to be the head of family on official documents. None of those are single woman nor being the main labor in the family. Below is the findings of the Consultant about the severely affected households and the gender issue in Phu Giao Severely affected households According to the definition which has been mentioned in RP, the severely affected households includes AHs that (i) lose 10% or more of their total productive land and/or assets, (ii) have to relocate; and/or lose 10% or more of their total income sources due to the Project. According to RP, in Binh Duong province, there is not any severely affected households in Phu Giao district. During the field survey, the Consultant did not recognize anymore case of severely affected household. The case of Mr. Nguyen Cu mentioned in Part 4.7, who had house demolished, can still arrange a resettlement on the remaining land of the family Gender issue Regarding the gender issue, through interviews with female headed, the Consultant recognized that 100% of these households are receiving adequate compensation, support and without any discrimination compare to male-headed households. Besides, in communes where the Consultant visit, the information disclosure involved the participation of local Women Association in order to ensure the right of women in the project. According to the data provided by authority of Phu Giao district, the APs who are female accounted for around 40% of participants in information dissemination events. In addition, representative of Women Association also joined in the CC of Phu Giao district Grievances and grievances settlement INVESTCONSULT GROUP 32

35 Within 101 AHs in Phu Giao district, none of those households lodged a formal grievance to the authorities in accordance with the regulations of the laws. In this district, all complaints or grievances of AHs were obtained at the public consultation meetings. The complaints were responded by the CLRD of the district after organizing meeting with each AH to settle complaints. Members of the meeting included representative of CLRD of the district, CPMB, PC of commune and head of the household. In the second monitoring phase at Phu Giao district, the Consultant was handed over and researched complaints of 13 households from CLRD of the district. The complaints mainly included: (i) Requests to increase the assistance rate of the agricultural land, which is limited in using capacity due to the impacts of the ROWs, from 60% to 100% of agricultural land Price issued for the Project. According to the responses from CLRD of Phu Giao district, such complaints do not have any basis to be accepted since: (1) The assistance amount was applied in accordance with the Dispatch No. 3905/UBND-KTN of PC of Binh Duong province; and (2) Assistance rate of 60% was based on the agricultural land Price issued for the Project. Such assistance rate was higher than the normal 100% rate of land price as regulated in the Decision No. 66/2011/QD- UBND of PC of Binh Duong province. (ii) Requests to retake the inventory and verification of the affected land and assets. For such cases, CLRD of Phu Giao district cooperated with Power Engineering Consulting.Jsc No.4 and the cadastral executives of the communes to retake the inventory at the requested households. Those cases that have the correct complaints would receive supplement compensation. In addition, AHs also had other complaints related to the compensation rate for plants, requests for compensation for assets located outside the ROWs and the inaccuracy between compensation plan and the draft of price application. Such issues and the list of complaint households are mentioned in Annex 6. INVESTCONSULT GROUP 33

36 V. CONCLUSION AND RECCOMENDATION 5.1. Conclusion From the above analysis, it can be concluded that the implementation of RP at Phu Giao district, Binh Duong province has basically adhered to the approved RP. The Consultant draws some conclusion on the implementation of RP as follows: - The organizational structure for implementation: The relevant organizations as specified in the RP have fulfilled their tasks. It contributed to the favorability of the Project implementation; - The dissemination of information has been conducted by many different channels. However, the effectiveness of such activity still had some limitation because of population allocation feature; - Basically, the inventory of assets, making of compensation plans as well as the compensation payment has been implemented fully. Besides of few cases of missing inventory, most of AHs which has been interviewed agree that their assets had been inventoried, put into compensation plans and compensated fully. This proved that the completeness and timely of the compensation has been followed. For those AHs who requested for retaking the inventory, their request has been settled in time; - Compensation rate: Through analyzing and comparing compensation rate applied in reality and the rate mentioned in RP, it could be concluded that the compensation rate is fully applied as prescribed. - Complaints and complaints settlement: All inquiries or complaints from AHs whether in formal way or by mouth are received verified and settled by the implementing agencies of RP Recommendation Overall, the implementation of RP has met the requirements. However, to ensure that the RP is implemented in a proper way and follows overall progress of the project, the Consultant has some following recommendations: - Enhancing the information dissemination by the channel of directly contacting to the AHs; - CLRD and the relevant agencies should accelerate the progress of measurement, inventory, the making supplement compensation plans for rubber trees outside of ROWs that were cut. The supplement compensation activity needs to conduct in accordance with procedures and regulations; INVESTCONSULT GROUP 34

37 ANNEX 1. LIST OF OFFICIALS APPROACHED BY THE CONSULTANT No Organization Name of official Role I Central Vietnam Power Projects Management Board Mr. Le Dinh Quang Mr. Le Van Hieu Ms. Vo Nhat Huy Deputy director Head of Compensation Department Official of Appraisal Department II Center for Land Resource Development of Phu Giao district Mr. Nguyen Van Chien Deputy Director Mr. Le Quoc Phu Deputy head of Technical Department III An Long commune Mr. Pham Van Trong President IV An Linh commune Mr. Le Duc Ke Vice President V Tan Long commune Mr. Khong Vu Cuong President INVESTCONSULT GROUP 35

38 ANNEX 2. LIST OF INTERVIEWED HOUSEHOLDS AND QUESTIONAIRE SAMPLE No Name Address Position I AN LONG COMMUNE 1 Pham Van Dan 2 Nguyen Cu 3 Pham Van Tien 4 Tran Van Thanh 5 Ngo Son Hai 6 Ngo Van Hoc 7 Huynh Thi Ngoc Thanh 8 Le Trong Nghia II AN LINH COMMUNE 1 Pham Van Bon 2 Pham Van Bong 3 Vo Thi O 4 Nguyen Thi Nu 5 Huynh Thi Muong Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Xom Quat village, An Long commune, Phu Giao district Village 3, Tan Long commune, Phu Giao district Xom Quat village, An Long commune, Phu Giao district Xom Quat village, An Long commune, Phu Giao district Phu Bang village, An Linh commune, Phu Giao district Phu Bang village, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district and INVESTCONSULT GROUP 36

39 No Name Address Position 6 Vu Dinh Dam III TAN LONG COMMUNE 1 Nguyen Thi Van 2 Nguyen Van Hai 3 Pham Huu Ton 4 Vu Thi Xom 5 Nguyen Van Nghia 6 Han Van Dung Phu Thinh 1 village, An Thai commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village 2, Tan Long commune, Phu Giao district Village 7, An Linh commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district INVESTCONSULT GROUP 37

40 Questionnaire sample INVESTCONSULT GROUP 38

41 INVESTCONSULT GROUP 39

42 INVESTCONSULT GROUP 40

43 INVESTCONSULT GROUP 41

44 INVESTCONSULT GROUP 42

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46 INVESTCONSULT GROUP 44

47 ANNEX 3. LIST OF AHs AND SAMPLE OF DECISION APPROVING COMPENSATION AND SUPPORT PLANS Compensation value (VND) Support value (VND) No Name Address Land in the foundations Houses Structures Plants Assistance for agricultural land Support for buying land Support for inhabitant Relocation support Job changing and job generating support Support for households in difficulties Total I AN LONG COMMUNE 449,261, ,593, ,795,340 2,916,658,900 15,274,272, ,522, ,842,102,640 1 Pham Van Dan 2 Nguyen Cu 3 Nguyen Van Minh 4 Huynh Van Van 5 Pham Van Hung 6 Le Van Ban 7 Le Thi Toan 8 Dinh Van Trung 9 Pham Van Tien Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Chon Thanh town, Chon Thanh district, Binh Phuoc province Village 3, Tan Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district 29,512,000 70,000, ,099,600 59,024, ,635,600 32,340, ,691, ,618, ,551,500 1,518,711,600 64,680,000 2,222,592,240 44,700, ,026, ,726,400 28,700,000 39,300, ,816,000 57,400, ,216, ,350, ,456, ,806,400 48,500, ,879, ,379, ,600, ,483, ,083,600 13,025,000 62,596,800 75,621,800 21,540, ,778, ,318,000 INVESTCONSULT GROUP 45

48 10 Dinh Thi Que 11 Dinh Thi Xuyen 12 Dang Van Phuong 13 Huynh Thi Tuong 14 Nguyen Duy Tuan 15 Bui Van Luon 16 Nguyen Hoang Hieu 17 Tran Van Thanh 18 Le Thi Hong Lieu 19 Tran Quoc Loi 20 Nguyen Huu Long 21 Pham Van Chau 22 Pham Thi Huong Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Bau Cam village, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district 34,076,000 33,015, ,134,000 68,152, ,377,000 18,028, ,206, ,234,500 49,140, ,870, ,010,400 43,500, ,949, ,449,600 62,000, ,737, ,737,600 45,000, ,750, ,750,000 50,500, ,832, ,332,000 20,902, ,700, ,365,600 41,804, ,771,600 12,306,000 8,700,000 32,928,000 24,612,000 78,546,000 51,000, ,642, ,642,800 1,500,000 58,000 1,558,000 60,600, ,947, ,547,200 52,500, ,515, ,015,200 INVESTCONSULT GROUP 46

49 23 Dang Van Xien 24 Tran Van Xoi 25 Dang Thi Co 26 Le Thi Phuong 27 Tran Van Thiem 28 Ngo Van Nhung 29 Vo Thi Tret 30 Nguyen Thanh Long 31 Nguyen Thanh Tam 32 Vo Van Dung 33 Nguyen Van Ngoc 34 Huynh Van Duc 35 Huynh Thi Ngoc Thanh Quarter 4, Phu Hoa ward, Thu Dau Mot city. Chanh Phu Hoa commune, Ben Cat district Bau Cu village, An Long commune, Phu Giao district Quarter 1, Phu Hoa ward, Thu Dau Mot. Bau Cu village, An Long commune, Phu Giao district Village of Ben Don, commune of Hoa Loi, Ben Cat district Village of Xom Quat, An Long commune, Phu Giao district Village of An Loi, commune of Hoa Loi, Ben Cat district Village of An Loi, commune of Hoa Loi, Ben Cat district Village of An Loi, commune of Hoa Loi, Ben Cat district Bau Cu village, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district 36,510,000 66,960, ,859,400 73,020, ,349,400 76,800, ,725, ,525,400 48,600, ,694, ,294,400 43,250, ,304, ,554,000 39,250, ,844, ,094,400 19,656,000 98,100, ,124,400 39,312, ,192,400 17,458, ,400 83,244,000 34,916, ,867,400 27,000, ,156, ,156,400 33,750, ,788, ,538,400 45,750, ,416, ,166,000 2,250,000 13,734,000 15,984,000 36,204, ,450, ,141,600 72,408, ,203,600 68,400, ,158, ,558,000 INVESTCONSULT GROUP 47

50 36 Cao Van Thanh 37 Huynh Van Cu 38 Le Trong Nghia 39 Pham Thi Thu Thuy 40 Nguyen Van Phung 41 Ngo Van Hoc 42 Cao Thi Ngoc Anh 43 Luong Van Duc 44 Le Thi Hien 45 Tran Van Huyen 46 Le Van Mai 47 Tran Van Cua 48 Nguyen Thinh My Phuoc town, Ben Cat district Bau Cu village, An Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district Lai Uyen commune, Ben Cat district Bau Cu village, An Long commune, Phu Giao district Village 3, Tan Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district Village 1, commune of Tan Binh, Tan Uyen district Lai Uyen commune, Ben Cat district 57,467, ,884, ,351,900 66,654, ,820, ,401, ,308,000 1,222,183,200 27,000, ,775, ,775,200 7,695,000 46,500, ,586,000 15,390, ,171,000 18,600,000 33,300, ,467,000 37,200, ,567,000 4,620,000 23,250, ,026, ,896,000 42,930, ,490, ,420,000 15,250,000 54,465,600 69,715,600 8,750,000 56,028,000 64,778,000 75,300, ,438, ,738,000 25,284,000 31,750, ,317,600 50,568, ,919,600 22,750, ,688, ,438,000 6,320,000 60,715,200 67,035,200 INVESTCONSULT GROUP 48

51 49 Ngo Son Hai 50 Truong Van Nghia 51 Tran Thi Nhat 52 Le Thi Thanh Tuyen 53 Pham Viet Tuyen 54 Luong Van Bang 55 Tran Dinh Khuong 56 Phan Thanh Long 57 Vo Van Ri 58 Nguyen Van Hanh 59 Nguyen Van Dang 60 Tran Van Phet Village of Xom Quat, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district Bau Cu village, An Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district Village of Xom Quat, An Long commune, Phu Giao district 4,100,000 26,250,000 30,350,000 2,220, ,120, ,340,800 27,770, ,552, ,322, ,000 8,988,000 9,423,000 32,527, ,943, ,470,600 28,714,000 51,000, ,732,800 57,428, ,874,800 9,282,000 3,427,200 86,250, ,397, ,356,400 4,200,000 52,550,400 56,750,400 52,750, ,698, ,448,000 34,650,000 42,900, ,986,200 69,300, ,836,200 15,560,000 91,644, ,204,000 13,500, ,218, ,718,400 INVESTCONSULT GROUP 49

52 II AN LINH COMMUNE 151,768, ,567,000 4,678,846, ,536, ,953,717,800 1 Nguyen Van Du 2 Nguyen Thi Nhuan 3 Tran Van Lai 4 Nguyen Thi Ro 5 Pham Van Bon 6 Pham Van Bong 7 Nguyen Xuan Xop 8 Pham Van Trang 9 Nguyen Van Tien 10 Vu Dinh Dam 11 Nguyen Van Bo (Trieu) Village of Phu Thinh 2, An Linh commune, Phu Giao district Village of Phu Bang, An Linh commune, Phu Giao district Village of Phu Bang, An Linh commune, Phu Giao district Village 9, An Linh commune, Phu Giao district Village of Phu Bang, An Linh commune, Phu Giao district Village of Phu Bang, An Linh commune, Phu Giao district Village of Phu Bang, An Linh commune, Phu Giao district Village of Phu Bang, An Linh commune, Phu Giao district Tan Vinh Hiep commune, Tan Uyen district Village of Phu Thinh 1, commune of An Thai, Phu Giao district Village of Phu Thinh 2, commune of An Thai, Phu Giao district 1,750,000 6,140,400 7,890,400 41,790, ,000, ,454,000 83,580, ,824,000 12,558,000 14,000,000 68,829,600 25,116, ,503,600 18,662,000 12,000,000 47,544,600 37,324, ,530,600 15,639,000 49,627, ,425,800 31,278, ,969,800 5,100,000 22,680,000 27,780,000 64,500, ,140, ,640,000 18,360, ,298, ,658,200 31,500, ,191, ,691,000 3,300,000 17,739,000 21,039,000 44,820, ,295, ,115,600 INVESTCONSULT GROUP 50

53 12 Doan Van Village of 13 Doan Van Trieu 14 Luu Xuan Cat 15 Vo Van Buc 16 Huynh Thi Muong 17 Truong Thanh Tung 18 Nguyen Van Chiem 19 Ta Thi Cam Van 20 Nguyen Van Chich 21 Trieu Van Thang 22 Nguyen Van Nghia 23 Vo Thi O 24 Nguyen Van Muoi Village of Phu Thinh 2, commune of An Thai, Phu Giao district Village of Phu Thinh 2, commune of An Thai, Phu Giao district Village of 9, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district Village of Vinh An, commune of Vinh Hoa, Phu Giao district Village 7, An Linh commune, Phu Giao district Village 4A, commune of Binh My, Cu Chi district, HCMC Village 7, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district 6,750,000 40,891,200 47,641,200 6,300,000 47,384,400 53,684,400 50,500, ,425, ,925, ,400, ,027, ,427, ,000 12,600,000 93,123,000 1,380, ,793,000 30,075,000 59,100, ,169,800 60,150, ,494,800 17,700,000 92,052, ,752,000 8,400,000 56,736,000 65,136,000 9,900,000 56,196,000 66,096,000 47,760, ,431, ,191,000 27,300, ,440, ,740,000 8,250,000 40,527,000 48,777,000 12,900,000 90,484, ,384,800 INVESTCONSULT GROUP 51

54 25 Huynh Van Phuong 26 Chu Van Xoan 27 Nguyen Thi Nu III 1 TAN LONG COMMUNE Ha Duc Thang ( wife Mai Thi Hung) 2 Cao Van Trung 3 Tran Thi Tham 4 Pham Huu Ton 5 Luong Ke Nhuong 6 Bui Van Yen 7 Nguyen Thi Van 8 Luong Thanh Thiep 9 Nguyen Van Hai 10 Nguyen Van Nghia (wife Nguyen Thi Gai) Village 7, An Linh commune, Phu Giao district Village 30/4, An Linh commune, Phu Giao district Village 7, An Linh commune, Phu Giao district Village 2, Tan Long commune, Phu Giao district Village 2, Tan Long commune, Phu Giao district Village of Dong Chua, commune of Lai Uyen, Ben Cat district Village 1, Tan Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village 2, Tan Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village 5, Tan Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village 4, commune of Chanh Phu Hoa, Ben Cat district 33,000, ,983, ,983,000 30,814,000 33,000, ,156,600 61,628, ,598,600 1,540,000 33,750, ,081,600 3,080, ,451,600 61,477, ,098,406,000 2,586,833, ,954, ,869,670,400 31,000, ,904, ,904,000 45,900, ,132, ,032,600 3,000,000 18,693,000 21,693,000 13,525,000 60,930,000 74,455,000 8,400,000 55,359,000 63,759,000 67,500, ,033, ,533,200 47,500 26,661,600 26,709,100 11,640,000 13,930,000 85,968,000 23,280, ,818,000 33,135,000 52,880, ,910,000 66,270, ,195,000 56,003, ,352, ,355,500 INVESTCONSULT GROUP 52

55 11 Le Thi Thuy 12 Han Van Dung 13 Vu Hoang Van (wife Tran Thi Xuan) 14 Vu Thi Xom 15 Phuoc Hoa Rubber.Jsc Village 5, commune of Hung Hoa, Ben Cat district Village 1, Tan Long commune, Phu Giao district Village 1, Tan Long commune, Phu Giao district Village 2, Tan Long commune, Phu Giao district Village 2A, commune of Phuoc Hoa, Phu Giao district 22,760, ,199, ,959,200 84,340, ,401, ,741,200 16,702,000 13,200,000 73,953,600 33,404, ,259,600 30,600, ,336, ,936, ,320, ,320,000 TOTAL 662,506, ,593, ,795,340 4,834,631,900 22,539,952, ,325,012, ,665,490,840 INVESTCONSULT GROUP 53

56 Sample decision approving compensation and support plans INVESTCONSULT GROUP 54

57 INVESTCONSULT GROUP 55

58 ANNEX 4. COMPENSATION, SUPPORT AND RESETTLEMENT PLAN INVESTCONSULT GROUP 56

59 INVESTCONSULT GROUP 57

60 INVESTCONSULT GROUP 58

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66 INVESTCONSULT GROUP 64

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73 INVESTCONSULT GROUP 71

74 ANNEX 5. SAMPLES OF INVENTORY MINUTE AND COMPENSATION MINUTE Inventory minute INVESTCONSULT GROUP 72

75 INVESTCONSULT GROUP 73

76 INVESTCONSULT GROUP 74

77 INVESTCONSULT GROUP 75

78 Compensation minute INVESTCONSULT GROUP 76

79 INVESTCONSULT GROUP 77

80 ANNEX 6. GRIEVANCES OF AHs AND SETTLEMENTS No. Name of householder Address Content of the grievance Time of the meeting to settle the grievance Content of the response 1 Nguyen Cu Bau Cam - Request to survey and December 13, 2012 On February 27, 2013, CLRD of village, An measure to verify the Phu Giao district issued a Long location of the cleared land document responding the commune - Raise the assistance level for recommendations: land affected by the ROWs - CLRD, together with from 60% to 100% of the People s Committee of An compensation unit price Long commune implemented - Request to resurvey the verification of the industrial wells but location of the land as residential wells requested by the household; - Compensate 100% of the thus determined the price of value of housings the land was applied in accordance with regulations of laws. - The applied assistance level INVESTCONSULT GROUP 78

81 is in accordance with regulations in Dispatch No. 3905/UBND-KTN of PC of Binh Duong province. In addition, this assistance level is higher than the level of 100% normal price of land regulated in Decision No. 66/2011/QD-UBND of PC of Binh Duong province. - Regarding the resurvey of the characteristic of the wells, CLRD organized to resurvey and submitted to the Department of Finance for examination. - Compensation requirement of 100% percent value of the housing is unfounded INVESTCONSULT GROUP 79

82 because the housing was not built in accordance with regulations; therefore the householder is only supported with 80% the value of the housing according to Clause 2, Article 21, Decision No. 87/2009/QD-UBND of PC of Binh Duong province. 2 Tran Van Thanh Bau Cu Raise the level of assistance December 6, 2012 On February 27, 2013, CLRD of village, An for land affected by the right Phu Giao district issued a Long of way corridor from 60% to document responding the commune 100% of the compensation recommendation: the applied unit price assistance level is in accordance with regulations of the laws according to Dispatch No. 3905/UBND-KTN of PC of Binh Duong Province. In INVESTCONSULT GROUP 80

83 addition, this assistance level is higher than higher than the level of 100% normal price of land regulated in Decision No. 66/2011/QD-UBND of PC of Binh Duong province. 3 Pham Van Tien Bau Cam Raise the level of assistance December 6, 2012 On February 27, 2013, CLRD of village, An for land affected by the Phu Giao district issued a Long ROWs from 60% to 100% of document responding the commune the compensation unit price recommendation: the applied assistance level is in accordance with regulations of the laws according to Dispatch No. 3905/UBND-KTN of PC of Binh Duong Province. In addition, this assistance level is higher than the level of 100% normal price of land regulated in Decision No. 66/2011/QD- INVESTCONSULT GROUP 81

84 UBND of PC of Binh Duong province. 4 Dinh Thi Que Bau Cam The draft of price application December 5, 2013 On February 27, 2013, CLRD of village, An sent to the household showed Phu Giao district issued a Long that the compensation price is document responding the commune 400,000,000 VND but when recommendations: Due to the implementing the payment, confusion in the stage of the expense was only VND applying initial drafted cost, the 388,377,000 entire land of Ms. Que was determined to locate in position 1 with the cost of VND 150,000/m 2. However, in fact, m 2 in m2 of the household is located in position 2 with the cost of VND 140,000/m 2. Therefore, CLRD had corrigenda when paying compensation and support for Ms. Que. INVESTCONSULT GROUP 82

85 5 Pham Van Hung Bau Cam - Request to re-take the area December 5, 2013 On February 27, 2013, CLRD of village, An affected by the ROWs Phu Giao district issued a Long - Raise the assistance level document responding the commune for land affected by ROWs recommendations: from 60% to 100% of the - CLRD, together with PC of compensation unit price An Long commune and Power Engineering Consulting Joint Stock Company 4 implemented the verification of the location of the land as requested by the household. The measured area remains unchanged from the first instance. - The applied assistance level is in accordance with regulations of the laws according to Dispatch No. 3905/UBND-KTN of PC of INVESTCONSULT GROUP 83

86 6 Nguyen Hoang Hieu Bau Cam village, An Long commune Request to recover the entire land under ROWs and compensate 100% value of the land. Binh Duong Province. In addition, this level of assistance level is higher than the level of 100% normal land price regulated in Decision No. 66/2011/QD-UBND of PC of Binh Duong province. 6 th December 2012 On February 27, 2013, CLRD of Phu Giao district issued a document responding the recommendations: The assistance level is applied in accordance with regulations under Dispatch No. 3905/UBND-KTN of PC of Binh Duong province. The land of Mr. Hieu is only limited in usability so it is not eligible for INVESTCONSULT GROUP 84

87 recovery. 7 Tran Van Thiem Bau Cu Raise the assistance level for December 13, 2012 On February 27, 2013, CLRD of village, An land affected by ROWs from Phu Giao district issued a Long 60% to 100% of the document responding the commune compensation unit price recommendations: the applied assistance level is in accordance with regulations of the laws according to Dispatch No. 3905/UBND-KTN of PC of Binh Duong Province. In addition, this assistance level is higher than the level of 100% normal land price regulated in Decision No. 66/2011/QD- UBND of PC of Binh Duong province. 8 Vo Thi Tret Xom Quat Increasing in the assistance December 07, 2012 On February 27, 2013, Phu Giao village, An level for effected land from district s CLRD issued a Long 60% to 100% of the price for document responding to the INVESTCONSULT GROUP 85

88 commune compensation request: The applied assistance level is right according to the provisions of the Dispatch No. 3905/UBND-KTN of the PC of Binh Duong Province. Besides that, this assistance level is already higher than the rate of 100% of normal land price stipulated in Decision No. 66/2011/QD-UBND of the PC of Binh Duong Province. 9 Pham Viet Tuyen Village Xom Increasing in assistance level December 06, 2012 On February 27, 2013, CLRD of Quat, An Long for effected land from 60% to Phu Giao district issued a Commune 100% of the price for document responding to the compensation request: The applied CLRD is right according to the provisions of Dispatch No. 3905/UBND- KTN of the PC of Binh Duong province. Besides that, this INVESTCONSULT GROUP 86

89 CLRD is already higher than the rate of 100% of normal land price stipulated in Decision No. 66/2011/QD-UBND of the PC of Binh Duong Province. 10 Nguyen Duy Tuan Bau Cu Increasing in assistance level December 06, 2012 On February 27, 2013, Phu Giao village, An for effected land from 60% to district s CLRD issued a Long 100% of the price for document responding to the commune compensation request: The applied assistance level is right according to the provisions of Dispatch No. 3905/UBND-KTN of the PC of Binh Duong Province. Besides that, this support rate is already higher than the rate of 100% of normal land price stipulated in Decision No. 66/2011/QD- UBND of the PC of Binh Duong province. INVESTCONSULT GROUP 87

90 11 Bui Van Luon Bau Cu Increasing in assistance level December 05, 2012 On February 27, 2013, Phu Giao village, An for effected land from 60% to district s CLRD issued a Long 100% of the price for document responding to the commune compensation request: The applied assistance level is right according to the provisions of Dispatch No. 3905/UBND-KTN of the PC of Binh Duong Province. Besides that, this support rate is already higher than the rate of 100% of normal land price stipulated in Decision No. 66/2011/QD- UBND of the PC of Binh Duong province. 12 Dinh Van Trung Bau Cam Increasing in assistance level December 06, 2012 On February 27, 2013, Phu Giao village, An for effected land from 60% to district s CLRD issued a Long 100% of the price for document responding to the Commune compensation request: The applied assistance level is right according to the INVESTCONSULT GROUP 88

91 provisions of Dispatch No. 3905/UBND-KTN of the PC of Binh Duong Province. Besides that, this support rate is already higher than the rate of 100% of normal land price stipulated in Decision No. 66/2011/QD- UBND of the PC of Binh Duong Province. 13 Vo Van Ri Xom Quat - Request to re-measure December 06, On February 27, 2013, Phu village, An effected area of his land Giao district s CLRD issued a Long - Increasing in assistance document responding to the commune level for effected land from request: 60% to 100% of the price - The CLRD together with the for compensation PPC of An Long Commune - Request to clear 10 rubber and Power Construction trees in the hallway in order Consultancy. Jsc re-evaluated to prevent them from being the position of land according broken down and falling into to the request of household. INVESTCONSULT GROUP 89

92 transmission line. - Request a compensation price for rubber tree is 1.5 million dong per tree. - Transmission line passing through household s land area divided their parcel of land into 2 triangular pieces of land. Household request to be supported with these two pieces of land area. Whereby, the increased area is 37.5 m2. This area was inventoried and assigned additional price. - The applied assistance level is right according to the provisions of Dispatch No. 3905/UBND-KTN of the PC of Binh Duong Province. Besides that, this assistance level is already higher than the rate of 100% of normal land price stipulated in Decision No. 66/2011/QD-UBND of the PC of Binh Duong province. - The additional compensation for 10 rubber trees outside of the ROWs is ungrounded because Province does not INVESTCONSULT GROUP 90

93 have regulations on asset compensation outside of clearance scope. - Request to increase the compensation price for rubber tree to 1.5 million dong per tree is ungrounded. According to Decision No. 58/2011/QD- UBND dated December 19, 2911 of the PC of Binh Duong Province, the assigned price for 9-year-old-rubber-tree of Ri s household (with the rate of price is dong per tree) is right according to regulations. - Request to be paid a compensation for two pieces of land outside of the ROWs is INVESTCONSULT GROUP 91

94 ungrounded because the province does not have regulations on asset compensation outside of clearance scope. INVESTCONSULT GROUP 92

95 Sample response INVESTCONSULT GROUP 93

96 INVESTCONSULT GROUP 94

97 INVESTCONSULT GROUP 95

98 ANNEX 7. PROPOSED REPLACEMENT COST AND ACTUAL COMPENSATION RATE IN PHU GIAO DISTRICT Replacement cost as proposed in the RP of Binh Duong province Land: No. Items Unit Proposed replacement cost Note I. District of Phu Giao I.1. Commune of An Long 1 Residential land VND/m 2 360,000 2 Agricultural land VND/m 2 70,000 3 Forestry land VND/m 2 50,000 I.2. Commune of An Linh 1 Residential land VND/m 2 450,000 3 Agricultural land VND/m 2 60,000 4 Forestry land VND/m 2 50,000 I.3. Commune of Tan Long 1 Residential land VND/m 2 260,000 2 Agricultural land VND/m 2 80,000 3 Forestry land VND/m 2 50,000 Trees, crops: No. Items Unit Proposed replacement cost Note 1 Crops Rice m 2 5,000 INVESTCONSULT GROUP 96

99 2 Fruit trees 3 Industrial trees Peas 6,000 Cassava 3,000 Mango Tree 120,000 Lime Tree 240,000 Jack Fruit Tree 360,000 Durian Tree 720,000 Banana Tree 30,000 Coffee Tree 120,000 Rubber Tree 300,000 Chili Tree 225,000 Cashew Tree 150,000 Price of residential land and agricultural land as provided in decision 66/2011/QD-UBND: Types of land Standard rate (Unit: 1,000 VND/m 2 ). Area 1 Area 2 1. Paddy land and land for growing other annual trees: Position Position Position Position Land for growing permanent trees and other agricultural land: INVESTCONSULT GROUP 97

100 Position Position Position Position Production forest land: Aquaculture land: Residential land: Position Position Position Position Compensation rate for trees and crops as provided by decision 58/2011/QD- UBND: Article 6, Compensation rate for crops (concentrated cultivation) 1, Rubber trees (maximum density 555 trees/ha) a) From 1 to 2 years of age: 100,000 VND/tree; b) Above 2 years to 5 years: 180,000 VND/tree; c) Above 5 years to 10 years: 250,000 VND/tree; d) Above 10 years: 300,000 VND/tree, 2, Cashew (maximum density 277 trees/ha) a) From 1 to 2 years of age: 50,000 VND/tree; b) Above 2 years to 4 years: 100,000 VND/tree; c) Above 4 years to 6 years: 150,000 VND/tree; d) Above 6 years to 20 years: 200,000 VND/tree; đ) Above 20 years: 150,000 VND/tree, 3, Pepper (maximum density 2,200 poles/ha) a) From 1 to 2 years of age: 35,000 VND/pole; b) Above 2 years to 5 years: 85,000 VND/pole; c) Above 5 years to 15 years: 170,000 VND/pole; INVESTCONSULT GROUP 98

101 d) Above 15 years: 75,000 VND/pole, đ) Brick poles have a bonus of 150,000 VND/pole, concrete poles have a bonus of 75,000 VND/pole, 4, Coffee a) From 1 to 2 years of age: 35,000 VND/tree; b) Above 2 years to 5 years: 75,000 VND/tree; c) Above 5 years to 10 years: 120,000 VND/tree; d) Above 10 years: 75,000 VND/tree, 5, Tea a) 1 to 3 years: 7,500 VND/tree; b) Above 3 to 8 years: 17,000 VND/tree; c) Above 8 years: 35,000 VND/tree, INVESTCONSULT GROUP 99

102 ANNEX 8. PICTURES Meeting with Mr. Nguyen Van Chien Deputy Director of Phu Giao CLRD Representatives of AHs participating in the discussion at PC of An Long Interviewing Ms. Nguyen Thi Van at village 1, Tan Long commune The ROW at Phu Giao district The TL in Phu Giao district House located outside the ROW in Phu Giao district INVESTCONSULT GROUP 100