NATIONAL POWER TRANMISSION CORPORATION Northern Power Projects Management Board RESETTLEMENT PLAN (RP)

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized NATIONAL POWER TRANMISSION CORPORATION Northern Power Projects Management Board RESETTLEMENT PLAN (RP) SUBPROJECT: HOA BINH - TAY HA NOI 220KV TRANMISSION LINE PREPARED BY: INSTITUTE OF ENERGY Ha Noi, February 2014

2 TABLE OF CONTENTS 1. INTRODUCTION Transmission Efficiency Project (TEP) The sub-project Hoa Binh Tay Ha Noi 220kV transmission line Objective of the LEVEL OF IMPACTS OF THE SUBPROJECT Determination of the subproject's impacts Determination of the subproject's impacts Determination of affected people (AP) by the subproject Types of the subproject impacts Permanently Affected Productive Land Temporarily Affected Productive Land Affected Trees, Crops and Livestocks Temporary impacts on houses and structures: FRAMEWORK AND ENTITLEMENT Framework The Legal Framework of the Government of Vietnam World Bank Policy on Involuntary Resettlement (OP/BP 4.12) Comparison between Government of Vietnam and World Bank Approaches Compatibility of the Government and the WB Approaches and Require Wavers: Compensation Policy Genaral Principles Policies on compensation, assistance and resettlement applied to the subproject COMPENSATION, ASSISTANCE AND RESETTLEMENT

3 4.1 Compensation Compensation unit prices for trees and crops Assistance Assistanceunit price for improvement and grounding for houses/structures Assistance unit price for land in the route s corridor Assistance unit price for houses in the route s corridor Rehabilitation PUBLIC CONSULTATION AND PEOPLE S PARTICIPATION Public consultation and people s participation Public consultation Synthesis of community consultation Disclosure Grievance redress administrative SUPERVISION, MONITORING AND VALUATION Internal monitoring and supervision Independent monitoring Reporting condition IMPLEMENTATION SCHEDULE Implementation responsibility Implementation Schedule COSTS Basis of cost calculations Replacement Cost Survey Cost estimation for implementation of RP Total compensation and support cost (VND)

4 Land compensation cost for foundation Assitance cost for houses under transmission line Appendices Allowances:

5 ABBREVIATION AND DEFINITION CPC TEP ECOP EIA EMF EMP EVN GOV HH MOIT MONRE MV NPT PAH PCBs NPPMB PPC WB CSC CDD DP DPC ERAV GFU Commune People s Committee Transmission Efficient Project Environmental Code of Practice Environmental Impact Assessment Electromagnetic Field Environmental Management Plan Electricity of Vietnam Government of Vietnam Household Ministry of Industry and Trade Ministry of Natural Resources and Environment Medium Voltage National Power Transmision Corporation Project Affected Household Polychlorinated Biphenyls Northern Power Projects Management Board (under the NPT) Provincial People s Committee World Bank Construction supervision Consultant Community Driven Development Displaced Person District People s Committee Electricity Regulatory Authority of Vietnam Grievance facilitation unit 4

6 IA NGO OP RP RPF Implementing Agency Non-governmental Organization Operation Policy Resettlement Policy Framework Temporarily affected land: land in ROW of high voltage transmission line (according to Decree No.81/2009/ND-CP dated Oct. 12, 2009) will be restricted usability, and also affected during construction by stretching the line. Temporarily affected houses/structures: houses/structures in ROW of high voltage transmission line (according to Decree No.81/2009/ND-CP dated Oct. 12, 2009) will be restricted usability, andand owners' daily activities are also affected. 5

7 LIST OF TABLES Table 3.1.Differences between National Laws and the World Bank Policy and the TEP Policy24 Table4.4.Assistance unit price for improvement and grounding Table4.5.Assistance unit price for land in the route s corridor Table4.6.Assistance unit price for houses in the route s corridor Table 5.1 Public consultation Institute of Energy - IE 6

8 GLOSSARY Census and Inventory If the project needs to change the land use or to acquire land for project purposes, a Census of people that will be affected and an Inventory of affected assets will be undertaken based on the technical design of the project. The Census will include key socioeconomic information of the project affected persons (DPs), such as main occupations, sources of income, and levels of income in order to be able to determine vulnerable households as well as to establish baseline data for monitoring livelihood restoration of the DPs. The Inventory will include a detailed description of all affected lands, trees, structures, to be acquired permanently or temporarily in order to complete the Project; the names of the persons entitled to compensation (from the census); and the estimated full replacement costs, etc. Compensation (in cash or in kind) for loss of assets and rehabilitation measures to restore and improve incomes will be determined in consultation with the DPs. Compensation for loss of assets will be at replacement costs. Cut-off-date is the date of completion of the inventory of losses during preparation of the (RP). Project affected households and local communities will be informed of the cut-off date for each project, and that anyone moving into the Project Area after that date will not be entitled to compensation and assistance under the Project. Eligibility is the criteria to receive benefits under the resettlement program. This Resettlement Policy Framework (RPF) will provide general guidance on this but the eligibility criteria will not be definitively confirmed until the development of the RP. Productive land refers to the various sub-categories of land that are used for agricultural purpose (as opposed to land for residential purpose), including agricultural, forestry, garden, aquaculture and pond land. N.B. Loss of land on which businesses are located is covered under the relocation of business section of the entitlement matrix. Replacement Cost. is the concept used to calculate the compensation amount for an asset and involves using current market value plus the transaction costs which may include taxes, fees, transportation, labor, etc. (OP 4.12, footnote 11). Resettlement. This RPF, in accordance with the World Bank s Operational Policy on Involuntary Resettlement (OP 4.12), covers the involuntary taking of land that results in (i) relocation or loss of shelter, (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. Livelihood (income) restoration Livelihoods restoration refers to that compensation for PAPs who suffers loss of income sources or means of livelihoods to restore their income and living standards to the pre- displacement levels. Right of Way. For this Policy Framework, Right of Way (ROW) is determined as a safety corridor along a power line or substation with width, length and height specified in the Decree 106/2005/ND-CP (dated August 17 th, 2005 guiding the implementation of a number of articles under the Electricity Law regarding safety protection of high-voltage power grid) and Decree 81/2009/ND-CP (dated on 12 th October 2009, amending or supplementing a number of articles Institute of Energy - IE 7

9 of the Government s Decree No. 106/205/ND-CP). Vulnerable Groups. Vulnerable groups include those distinct groups of people who might suffer disproportionately or face the risk of being marginalized by the effects of resettlement, and specifically include: a) Poor and very poor household as identified by regulations of Government of Vietnam. b) Ethnic minority household (Ethnic Minority Planning Framework). c) Household covered by Decree 67/2007/ND-CP of April 13 th, 2007 on support policies for social protection beneficiaries and Decree 13/2010/ND-CP of February 27 th, 2010 amending and supplementing a number of articles of the Government's Decree No. 67/2007/ND-CP. Institute of Energy - IE 8

10 SUMMARY Sub-project Hoa Binh - Tay Ha Noi 220kV Tranmission line is under the Tranmission Efficiency Project (TEP). The sub-project will tranverse 12 wards/ communes/ towns (Tan Thinh town, Huu Nghi, Hoa Binh, Tan Hoa, Yen Mong, Ky Son, Dan Ha, Mong Hoa, Dan Hoa Commune, Lam Son, Luong Son, Hoa Son) of 03 districts/ cities (Hoa Binh, Ky Son, Luong Son) at Hoa Binh province and 04 communes (Dong Yen, Can Huu, Thach Than, Dong Quang) of 01 district (Quoc Oai)- Hanoi city. The subproject comprises of 01 component: Construction of 50.6km of Hoa Binh - Tay Ha Noi 220kV Tranmission line Hoa Binh - Tay Ha Noi 220kV Tranmission line tranverses 16 wards/ communes/ towns of 4 districts at 2 provinces: Hoa Binh and Ha noi city, specifically: Hoa Binh Province: Wards: Tan Thinh, Huu Nghi, Tan Hoa; Communes: Hoa Binh, Yen Mong Hoa Binh city; Town: Ky Son; Communes: Dan Ha, Mong Hoa, Dan Hoa Commune Ky Son district; Communes: Lam Son, Luong Son, Hoa Son Luong Son district. Ha Noi city: Communes: Dong Yen, Can Huu, Thach Than, Dong Quang Quoc Oai district. Sub-project s construction is expected to happen to occur within 12 months (excluding clearance and compensation time) since the beginning of construction. Construction is expected to start at the first quarter of The subproject will impact to 423 households (2.538 persons). The land area of households to be acquired permanently is from 1.25% to 12.8% of their total land holdings, specifically: Number of DPs with less than 20% of productive land permanently acquired: Number of DPs with crops permanently affected: Number of DPs with perennial trees permanently affected: 44 households (264 persons) 44 households (264 persons) 104 households (624 persons) Number of DPs with productive land temporarily affected: 133 households (798 persons) Number of DPs with crops temporarily affected: 290 households (1740 persons) Permanently Impacts No Locality Area (m2) Land type (m2) Rice Perennial Pond I Hoa Binh province 17956, ,1 0 1 Hoa Binh town Tan Thinh precinct Huu Nghi precinct 1245, ,2 0 Hoa Binh commune 353, ,6 0 Tan Hoa precinct 1503, ,6 0 Yen Mong commune 1455, ,6 0 Institute of Energy - IE 9

11 No Locality Area (m2) Land type (m2) Rice Perennial Pond 2 Ky Son district 5417, ,8 0 Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune 1796, ,8 0 3 Luong Son district 7492, ,3 0 Lam Son commune Luong Son town 695, ,8 0 Hoa Son commune 4315, ,5 0 II Hanoi City 5000,4 2547,7 1673, Quoc Oai district 5000,4 2547,7 1673,7 779 Dong Yen commune 2276,1 858,7 638,4 779 Can Huu commune Thach Han commune Dong Quang commune 739, ,3 0 Total 22956,5 3618, ,8 779 Temporary Impacts N o. I Locality Hoa Binh province Rice Cit ron ella Land type (m2) Perenial Pond River Hous ehold Annual plant , Hoa Binh town , Tan Thinh precinct , Huu Nghi precinct , Hoa Binh commune , Tan Hoa precinct , Yen Mong commune Ky Son district , Ky Son town Dan Ha commune Mong Hoa commune , Dan Hoa commune , Luong Son district , Lam Son commune , Luong Son town , Hoa Son commune , II Hanoi City , , Quoc Oai district , , Institute of Energy - IE 10

12 N o. Locality Rice Cit ron ella Land type (m2) Perenial Pond River Hous ehold Annual plant Dong Yen commune 58740, Can Huu commune 54283, Thach Han commune 35584, , Dong Quang commune 24420, Total , , , Note: Those data has been collected since November 2013 which may change in the future. RP of sub-project Hoa Binh - Tay Ha Noi 220kV Tranmission line is prepared on the basis of the Involuntary Resettlement Policy (OP 4.12) of the World Bank and the Resettlement Policy frameworkwork that has been approved for the Tranmission Efficiency Project. The compensation and assistance for affected households are expected to start fromquarter IV of The estimated cost for the implementation of is vnđ(to be updated when the sub-project is implemented to ensure the principle of compensation at adequate cost). Fund for the implementation of RP will be provided by counterpart: Vietnam Electricity. 1.1 Transmission Efficiency Project (TEP) INTRODUCTION 1. The National Power Transmission Cooperation (NPT) is developing Efficient Transmission Project (TEP) with funding from the World Bank (WB). The Project Development Objective (PDO) for TEP is to support the implementation of an investment programs to increase capacity of Vietnam s electricity transmission grid, improve efficiency and reliability of electricity services and strengthen the institutional capacity of the National Power Transmission Corporation. The direct beneficiary of the project would be Vietnam s electricity transmission company NPT. Indirect beneficiaries would include all segments of population. They would benefit from: (i) Improved reliability, which will reduce unserved demand and the number and duration of power outages; and (ii) Increased energy efficiency, which will reduce overall costs and GHG emissions. The project would also bring direct temporary benefits for skilled and unskilled workers that would be employed for the construction of the project. 2. The proposed project is comprised of the following three components: (i) The Transmission Infrastructure Component; (ii) The Smart Grid Component; and (iii) The Capacity Building and Institutional Strengthening Component. (a) The Transmission Infrastructure Componentwill finance transmission lines and substations at voltage levels of 220kV and 500kV. The investments will target three areas that are key to the overall economic development of Vietnam, namely the Greater Hanoi Area, the Greater Ho Chi Minh City Area and the Mekong Delta. Investments at the 500kV level will help increase the transport capacity of the main 500kV trunk system while Institute of Energy - IE 11

13 increasing its reliability. Investments at the 220kV level are aimed at increasing the capacity of the supply points to the distribution utilities and improve the reliability of the network that serves these points. (b) The Smart Grid Component will support modernization of monitoring, control, and protection equipment in 500kV and 220kV substations to improve the reliability of the interconnected power system as a whole and of some bulk-supply points in the distribution network. Today, 60 percent of the faults in substations are a consequence of faulty operations of monitoring, control, and protection equipment. Aided by monitoring and control gear, protection equipment: (i) detects - among other things - the locations and intensity of faults and, based on such information, determines what equipment should be disconnected to protect the system from damage; and (ii) decides when disconnected equipment should be reconnected to ensure that interruptions in the provision of electricity services are minimized. (c) The Capacity Building and Institutional Strengthening Component will contribute to the gradual development of NPT to become an independent transmission company with revenues from the application of cost-of-service regulation in the transmission sector. The steps to be supported in this operation include the definition of technical and financial performance indicators, the introduction of enterprise asset management systems and strategies. 3. Component 1 and Component 2 will be implemented by three management boards of NPT, Component 3 and a part of the component 2 will be implemented by NPT and ERAV. 4. To implement sub-projects components, land acquisition will be required. However, land acquisition and resettlment aren t required in component 2 Smart Grid Development and component 3 capacity improvement and system reinforcement. In this subproject, land acquisition is required only under sub-projects in component The sub-project Hoa Binh Tay Ha Noi 220kV transmission line The sub-projecthoa Binh - Tay Ha Noi 220kV transmission linewill tranverse 16 communes/ wards of 04 districts/ cities of Hoa Binh Province và Ha Noi city. (please refer to Appendix 1: Sub-project Areas). Sub-project will help to transmit electricity from Hoa Binh Hydroelectric Power Station into National Grid with the aims of: - Providing electricity safely and efficiently in the West of Ha Noi, including Son Tay town and 6 Northern districts along National Highway 6: Ba Vi, Phuc Tho, Dan Phuong, Hoai Duc, Thach That, Quoc Oai. This is important sub-loading area of which economic and social development is growing fast at Ha noi capital. - Reducing loading for 220kV transmission line from Hoa Binh to Ha Dong, Xuan Mai; - Contributing to increase stability of power supply to transmission system at Ha noi and other areas to ensure the stable operation of National Electric System. Institute of Energy - IE 12

14 Figure 1: The Hoa Binh - Tay Ha Noi transmission line location Sub-project comprises of 01 component: Construction of 50.6km of Hoa Binh - Tay Ha Noi 220kV Tranmission line Table 1.1: List of line length No. Locality Length (m) Tower I Hoa Binh province , Hoa Binh town 9.728, Tan Thinh ward 766, Huu Nghi ward 1.988, Hoa Binh commune 820, Tan Hoa ward 2.628, Yen Mong commune 3.525,6 9 2 Ky Son district , Ky Son town 623, Dan Ha commune 4.644, Mong Hoa commune 3.171, Dan Hoa commune 5.032, Luong Son district , Lam Son commune 5.984, Luong Son town 2.876, Hoa Son commune 7.721,7 19 Institute of Energy - IE 13

15 II Hanoi City , Quoc Oai district , Dong Yen commune 4.718, Can Huu commune 3.299, Thach Han commune 1.615, Dong Quang commune 1.126,8 4 Total ,7 129 The Sub-project Hoa Binh - Tay Ha Noi 220kV Tranmission line is implemented on the basis of following technical specifications: - Voltage: 220kV - Number of chains: 2 chains, 4 chains - Length of tranmission line: 50.6km - Location of tranmission line: at Hoa Binh city, Ky Son district, Luong Son district, Hoa Binh Province; Quoc Oai district at Ha Noi city. - Conductor: phased cable ACSR - 2 x 330/43; using double phased aluminium alloy steel-cored cable AACSR - 2 x 380/50 across Da River - Lightning resistant cable: 2 lightning resistant cables: normal lightning resistant cable PHLOX 116 and opital fibre cable OPGW 120, 24 fibre optics; using 01 more lightning resistant cable PHLOX 116 within 3km from SPP Hoa Binh front line. - Insulation: using suspending insulator with resonable load, made of pottery, glass or composite; number of insulation bowl is determined depending on the length of insulation distance: 25mm, 20mm/kV at contaminated area. Technical specification should be adequate to type of insulartors U70B, U120B, U160B, U210B, U300B in line with IEC standards. - Pivotal: Pyramidal pivotal with 4 chains and 2 free vertical chains made of galvanized steel; using 72m pivotal across Da River. - Foundation: using pier foundation, steel-enforced concrete slab foundation made on site; using slab foundation across the river; - Ground (elec) : in ray forms, galvanized steel - Vibration damping for conductor and lightning resistant cable 1.3 Objective of the The is established for the following objectives: - Involuntary resettlement must be avoided where possible, or be reduce to the lowest possible extent by selecting appropriate design options. - Where involuntary resettlement is unavoidable, the resettlement activities must be prepared and executed with sustainable development programs and sufficiently provided investment supports, enabling displaced people to benefit from the subproject. The displaced people will be fully consulted and allowed to participate in preparatory and implementing activities of. Institute of Energy - IE 14

16 - APs must be supported in terms of their capacity to improve their living conditions and to rehabilitate their living standards higher than or at least equal to that before constructing the subproject.. LEVEL OF IMPACTS OF THE SUBPROJECT 1.4 Determination of the subproject's impacts Determination of the subproject's impacts Hoa Binh - Tay Ha Noi 220kV Tranmission line lengthens 50.6km. Front line is 220kV busbar of 220kV switchyard Hoa Binh; end line is 220kV busbar of Tay Ha Noi substation. That line tranverses 16 communes/ wards of 04 districts/ cities of Hoa Binh ProvinceandHa Noi city. Economic and livelihood conditions are quite diversified along ROW. Most of them do agricultural production, small businesses, plant forest, fruit trees and do other handicrafs. Project s locations are not close to or at the environmental sensitive areas such as cultural herigtage; reservation zone or its buffer; inundation territory; forest, outfall Therefore, Subproject implementation won t influence on the environmental sensitive areas. Some other impacts of Sub-project are identified and assessed as follow: a) Impacts on cross infrastructure:location of transmission line will affect some infrastructures, houses, local fields and gardens. However, at the crosses, solutions will be implemented to ensure the safety and minimize the losses to people under ROW. b) Impacts on land acquisition:total permanently acquisited land area of the Sub-project is ,5 m 2, however, the individually acquisited land area at one pivotal is very low m 2 /pivotal on average. Hence, the economic and social impacts due to project s compensation and land acquisition are not considerable because the ratio of permanent acquisited land area at each pivotal to productive land area is very low. Within Project s scope, no household is required to resettle due to Project s land occupation. This sub-project s affected area include only: Tower foundation construction area Area surrounding Tower foundation during construction period; temporarily affected area during pulling the line about 22m width on average only applicable to seasonal farming land. Those temporary impacts may occur from one to two months. It is not necessary to acquire land temporarily for construction space due to the use of available roads, alleys, paths and security corridor during construction period Determination of affected people (AP) by the subproject Affected people are: Persons whose productive land is affected in part or in total (permanently or temporarily) by the sub-project; Persons whose trees and/or crops are affected in part or in total (permanently or temporarily) by the sub-project. According to the survey report of invesment project preparation stage, there is no house or buidling affected or need to be reallocated due to the subproject's activities. Most of the Institute of Energy - IE 15

17 affected land is agriculture and perenial-land. Summary Results are shown in the following tables: Table 2.1: Affected households SNo. Classification Household People 1 Permanent affected land (for foundation) Land loss < 20% total cultivation area Rice-land Perenial-land Residential land 0 0 Total Temporary affected land Cultivation land Rice-land R Residential land 0 0 Total Note:One household may fall into more than one impact category. Table 2.2:Number of DPs by locations No. Locality Permanent affected Temporary affected household people household people I Hoa Binh province Hoa Binh town Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district Lam Son commune Institute of Energy - IE 16

18 No. Locality Permanent affected Temporary affected household people household people Luong Son town Hoa Son commune II Hanoi City Quoc Oai district Dong Yen commune Can Huu commune Thach Han commune Dong Quang commune Total Note:This surveying data was collected in 10/2012. Those data will be updated through detailed measure and inventory after setting out; Table 2.3:Number of DPs by Impacted Categories No. Type of affection Household People 11 Temporary affection of cultivated land Temporary affection of garden Permanent affection due to foundation In short, the Hoa Binh - Tay Ha Noi transmission line will effect temporarily to 423 households. Also, 148 households (with about 888 inhabitants) will be effected permanently due to the construction of tower foundation. 1.5 Types of the subproject impacts The subproject can cause some impacts as: Permanent impacts: - Productive land acquisition for tower foundations. - Cut down trees on permanently acquired land. Temporary impacts: - Restricting usability of land in the ROW for safety of the overhead line and temporarily affected by construction activities. - Improving and installing fireproof materials and lightning arrestors for all houses and structures in the ROW to meet regulations in Decree No.106/2005/ND-CP and Decree No.81/2009/ND-CP of the Government. - Installing fireproof materials and lightning arrestors for all houses and structures in earthing corridor to meet regulations in Circular No.03/TT-BCT dated Jan. 22, 2010 of Ministry of Industry and Trade. - Cut down trees, crops in the ROW for construction activities. The subproject does not impact on public structures and business. Institute of Energy - IE 17

19 1.5.1 Permanently Affected Productive Land Table 2.4: Permanently Affected Productive Land Area (due to construction of foundation pivotal) No Locality Area (m2) Land type (m2) Rice Perennial Pond I Hoa Binh province 17956, ,1 0 1 Hoa Binh town Tan Thinh ward Huu Nghi ward 1245, ,2 0 Hoa Binh commune 353, ,6 0 Tan Hoa ward 1503, ,6 0 Yen Mong commune 1455, ,6 0 2 Ky Son district 5417, ,8 0 Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune 1796, ,8 0 3 Luong Son district 7492, ,3 0 Lam Son commune Luong Son town 695, ,8 0 Hoa Son commune 4315, ,5 0 II Hanoi City 5000,4 2547,7 1673, Quoc Oai district 5000,4 2547,7 1673,7 779 Dong Yen commune 2276,1 858,7 638,4 779 Can Huu commune Thach Han commune Dong Quang commune 739, ,3 0 Total 22956,5 3618, ,8 779 For construction of tower foundations, the subproject will permanently require 22956m 2 land area of APs, including m 2 rice-farming land and 18558m 2 of perennials. According to the survey during investment project period, there is no residential land affected permanently due to the subproject's activities Temporarily Affected Productive Land Temporarily Affected Productive Land is defined as land area within ROW minus the permanently affected productive land due to construction and tower foundation and state s land area Table 2.5: Temporarily Affected Land Area Institute of Energy - IE 18

20 No. Locality Rice Citro nella Perenni al Land type (m2) Pond River House hold Annual plant Hoa Binh I province Hoa Binh town Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son 3 district Lam Son commune Luong Son town Hoa Son commune II Hanoi City Quoc Oai 1 district Dong Yen commune Can Huu commune Thach Han commune Dong Quang commune Total Land in the ROW of the connection lines will be restricted usability and affected by construction activities (called temporary impact). Total area of temporarily affected land is 199,736m 2, including 821,396.7m 2 of perennials, 61,874.6m 2 of pond, 30382,m 2 of river and approximately 6000m2 of other type of land such as citronella and annual plant land. There is only 4011m 2 residential land affected temporarily due to the subproject. Notes It is noted that there is no temporary affected land during construction since certain existing roads (earthen roads, macadam roads etc.) are defined to be used for excess roads during the construction period and/or later on, to be used as excess roads for maintenance. Institute of Energy - IE 19

21 1.5.3 Affected Trees, Crops and Livestocks Table 2.6:Affected trees and crops due to foundation No Locality Plant type Rice (m2) Perennial (pcs) I Hoa Binh province Hoa Binh town Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district Lam Son commune Luong Son town Hoa Son commune II Hanoi City 2547, Quoc Oai district 2547,7 837 Dong Yen commune 858,7 319 Can Huu commune Thach Han commune Dong Quang commune Total 3618, As is shown in the above table, the total number of rice cultivation land is 3618m 2. Additionally, there will be 9281 perennial tree will be cut down due to the construction of the foundation. Yet, the tranmission line is located on the long area from Hoa Binh to Ha Noi and thus, the effect on a specific area is quite small. Table 2.7: Affected perennial trees and crops within ROW No. Locality Rice (m2) Citron ella (m2) Plant type Perennial (pcs) Longan (pcs) Banan a (pcs) I Hoa Binh province Hoa Binh town Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Institute of Energy - IE 20

22 2 Ky Son district Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district Lam Son commune Luong Son town Hoa Son commune II Hanoi City , , 1 Quoc Oai district Dong Yen commune 58740,5 80 Can Huu commune 54283,2 22 Thach Han commune 35584,4 0 Dong Quang commune 24420, Total , Due to the construction activities, a specific amount of perennial trees and crop cultivation will be affected as are mentioned above. These affected perennial trees and crops within ROW belong to 423 households, thus, the level of impact for each hosehold is slightly small Temporary impacts on houses and structures: According to Decree No.106/2005/ND-CP dated Aug.17, 2005 and Decree No.81/2009/ND-CP dated Oct.12, 2009, all houses and structures in the ROW of 220kV T/Ls still exist if they meet safety conditions, whereby: - House/structure with tile roof and brick wall is still existed. - House/structure made by metal materials in the ROW will be required to install lightning arrestors. - House/structure made by wooden or leaf will be required to improve and install fireproof materials and lightning arrestors. Besides, all houses and structures in the ROW will be restricted usability, andowners' daily activities are also affected. 1.6 Framework FRAMEWORK AND ENTITLEMENT This section reviews the legal framework and policies of the Government of Vietnam and WB s policies related to land acquisition, compensation and resettlement.it then compares the two approaches. Since there are differences between the WB s policy and the Vietnamese s, the project requires a waiver of the Vietnamese Government articles of decrees and regulations concerning compensation and resettlement. Subsequently, compensation and resettlement plans will be implemented according to the project policies. Institute of Energy - IE 21

23 1.6.1 The Legal Framework of the Government of Vietnam Abbreviated of the subproject has been prepared in compliance with the Resettlement Policy Framework (RPF) of the TEP. Laws and policies which are applied for compensation and resettlement implementation include (i) policies of WB; (ii) existing compensation, allowance and resettlement policies of Vietnamese Government; and (iii) compensation, allowance and resettlement procedure of Ha Noi capital and Hoa Binh province. Regarding to WB s policies, the Involuntary Resettlement (OP 4.12) shall be applied. Main principles of OP 4.12 are described clearly in Resettlement Policy Framework of the TEP. The following are regulations of Vietnamese Government on compensation, allowance and resettlement which are applied in RP implementation of this subproject. - The Constitution of Vietnam, 2013 confirms the right of citizens to own a house and to protect the ownership of the house; - The Land Law 2013 issued on Nov. 29, 2013; - Decree No.181/2004/ND-CP dated on October 29, 2004 of the Government guiding the implementation of the Land Law revised 2003; - Decree No.188/2004/ND-CP dated on November 16, 2004 of the Government on methods to determine land prices and land prices frame; - Decree No.197/2004/ND-CP dated on December 3, 2004 of the Government on compensation, support and resettlement when land is recovered by the state; - Circular No.01/2005/TT-BTNMT dated on April 13, 2005 guiding the implementation of the Government s decree No.181/2004/ND-CP; - Decree No.106/2005/ND-CP dated on August 17, 2005 of the Government guiding the implementation of a number of articles under the Electricity Law regarding safety protection of high-voltage power networks; - Circular No.145/2007/TT-BTC issued on November 26, 2007 guiding the implementation of the Government s decree No.188/2004/ND-CP; - Decree No.17/2006/ND-CP dated January 27, 2006 of the Government on revision and supplementation of some regulations in decrees guiding the implementation of the Land Law; - Decree No.84/2007/ND-CP dated May 25, 2007 of the Government on revision of issuing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress; - Decree No.123/2007/ND-CP dated July 27, 2007 of the Government on amend and supplement a number of articles of Decree No.188/2004/ND-CP dated November 16, 2004 on methods to determine land prices and land prices frame; - Decree No.69/2009/ND-CP dated August 13, 2009 of the Government on Additional regulations on land use planning, land prices, land acquisition, compensation, support and resettlement; - Circular No.14/TT-BTNMT dated October 01, 2009 providing detailed regulations on Institute of Energy - IE 22

24 compensation, assistances, relocation and process and procedures for land acquisition, land hand-over and land lease; - Decree No.81/2009/ND-CP dated on October 12, 2009, amending or supplementing a number of articles of the government s decree No.106/205/ND-CP of August 17, 2005 which details and guide a number of articles of the electricity law regarding the safe protection of high-voltage power networks; - Circular 03/2010/TT-BCT issued on January 22, 2010 of Ministry of Industry and Trade providing a number of contents on safety protection of high-voltage power networks; - Circular No.57/2010/TT-BTC issued on April 16, 2010 prescribing the estimation, use and settlement of funds for compensation, support and resettlement upon recovery by the State; - Decree No.38/2011/NCP dated May 26, 2011 of the Government on amendments of some provisions on administrative procedures of decree 181/2004/ND-CP, decree No.149/2004/ND-CP and decree No.160/2005/ND-CP; The current regulations on implementation of compensation, assistance and resettlement of local government are appliedin the RP of this subproject, including: - Decision No. 18/2012/QĐ-UBND dated December 21, 2012 of PC at Hoa Binh Province on Regulation on land prices at Hoa Binh Province in 2013; - Decision No.19/2011/QĐ-UBND dated September 19 th, 2011 of PC at Hoa Binh Province on Compensation Price Units for properties due to State s land acquisition at Hoa Binh Province. - Decision No.51/2012/QĐ-UBND dated December 28, 2012 of PC at Ha Noi cityon Regulation on land prices at Ha Noi city in 2013; - Announcement No. 7038/STC-BG dated December 31 st, 2012 of Hanoi Department of Finance on Compensation price units for trees, crops, livestocks on the cleared land at Ha Noi city in 2013 ; World Bank Policy on Involuntary Resettlement (OP/BP 4.12) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs; Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Project affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; Project affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher Comparison between Government of Vietnam and World Bank Approaches Although the recent legislation on resettlement ofvietnam tends to be more consistent with that of the World Bank, there still exists some discrepancies required particular attention. The differences between the Government s Laws and Decrees and World Bank Institute of Energy - IE 23

25 Policy with regard to resettlement and compensation, and how to address these gaps are shown in Table 3.1. Table 3.1.Differences between National Laws and the World Bank Policy and the TEP Policy Subjects Bank s OP 4.12 Government of Vietnam Policy objectives Support for affected households who have no recognizable legal right or claim to the land they are occupying Compensation illegal structures for Methods for determining compensation rates DPs should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to predisplacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher Financial assistance to all project affected persons to achieve the policy objective (to improve their livelihoods and standards of living or at least to restore them, in real terms, to predisplacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher) Compensation at full cost for all structures regardless of legal status of the DP s land and structure. Compensation for lost land and other assets should be paid at full replacement costs, Land Property Compensation Resettlement site and its infrastructure should have equal or better development conditions than the existing one. Financial assistance provided at different levels depending on the legal status of affected persons Provided to cover the new structure costs. Depending on the illegality status attributed, covering between 80% and 0% of the total costs Compensation for lost assets is calculated at price close to transferring the assets in local markets or the cost of newly-built structures. Provincial governments are granted to annually set up compensation prices for Project Measures Livelihoods and income sources will be restored in real terms, at least, to the pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Financial assistance of an agreed amount will be given to all DPs, regardless of their legal status, until their livelihoods and standards of living restore in real terms, at least, to predisplacement levels. Compensation at full replacement cost will be given for all structures affected, regardless of legal status of the land and structure. Independent appraiser identifies replacement costs for all types of assets affected. Provincial government will use this assessment to establish the compensation rates at Institute of Energy - IE 24

26 Subjects Bank s OP 4.12 Government of Vietnam Compensation for loss of income sources or means of livelihood Compensation for indirect impact caused by land or structures taking Loss of income sources should be compensated (whether or not the affected persons must move to another location) It is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. different categories of assets Assistance in respect of income loss is given only for registered businesses. For affected persons losing agricultural land, additional financial support will be provided. Project Measures full replacement. All income losses are to be compensated and, where necessary to achieve the objectives of the policy, development assistance in addition to compensation will be provided. Not addressed. Social assessment has been undertaken and measures identified and being implemented to minimize and mitigate adverse impacts, particularly upon poor and vulnerable groups Compatibility of the Government and the WB Approaches and Require Wavers: To satisfy WB OP/BP 4.12 policy on Involuntary Resettlement, articles in the laws and regulations of Vietnam that do not guarantee the DPs right to compensation at replacement costs, or eligibility articles that do not extend the right of being restored and/or assisted to households without valid land papers, or otherwise limit the compensation required by WB OP/BP 4.12, will not apply. The requirements of WB OP/BP 4.12 will fully apply in all cases. This is in accordance with Decree No.131/2006/ND-CP, which states that in case of discrepancy between any provision in an international treaty on Official Development Assistance, to which the Socialist Republic of Viet Nam is a signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall take precedence (Article 2, Item 5). 1.7 Compensation Policy Genaral Principles All DPs who have assets within or reside within the area of project land-take before the cut-off date are entitled to compensation or assistance for their losses. Those who have lost their income and/or subsistence will be eligible for livelihood rehabilitation assistance, based on the criteria of eligibility defined by the project and in consultation with the DPs. 1 If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, 1 Voluntary donation might be allowed for some types of lending projects, e.g., CDD projects, where there are those who may choose to voluntarily contribute affected land for the project construction. A procedure for determining and documenting the voluntary nature of the contribution should be set up and be clearly documented in the RP. Institute of Energy - IE 25

27 additional measures will be provided. - The compensation rates will be determined based on the results of independent land/assets appraisal in a timely and consultative fashion. All fees and taxes on land and/or house transfers will be waived or otherwise included in a compensation package for land and structures/houses or businesses. The local authorities will ensure that DPs choosing relocation on their own obtain, without additional cost, the necessary property titles and official certificates commensurate with similar packages provided to those who choose to move to the project resettlement sites; - Land will be compensated land for land or in cash according to the DP s choice whenever possible. The choice of land for land must be offered to those losing 20% or more of their productive land. If land is not available, the borrower must assure itself that this is indeed the case. Those losing 20% or more of their land will have to be assisted to restore their livelihood. The same principles apply for the poor and vulnerable people losing 10% or more of their productive landholding; - DPs that prefer land for land will be provided with land plots with the equivalent productive capacity for lost lands or a combination of land (a standard land plot) in a new residential area nearby for residential land, and cash adjustment for the difference between their lost land and the land plots provided. The resettlement area will be planned properly and implemented in consultation with the DPs. All basic infrastructures, such as paved roads, sidewalks, drainage, water supply, and electricity and telephone lines, will be provided; - DPs that prefer cash for land will be compensated in cash at the full replacement cost. These DPs will be assisted in rehabilitating their livelihoods and making their own arrangements for relocation; - Compensation for all residential, commercial, or other structures will be offered at the replacement cost, without any depreciation of the structure and without deduction for salvageable materials. Structures shall be evaluated individually. Any rates set by category of structure must use the highest value structure in that group (not the lowest); - The DPs will be provided full assistance (including a transportation allowance) for transportation of personal belongings and assets, in addition to the compensation at replacement cost of their houses, lands, and other properties; - Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the DPs (with particular attention to vulnerable DPs), to minimize the disturbance and shorten the resettlement transition period. The rehabilitation measures will be provided to the DP's prior to the expected start-up date of works in the respective project sites; - If, by the end of the project, livelihoods have been shown not to be restored to preproject levels, additional measures should be considered; - Financial services (such as loans or credits) will be provided to DPs, if necessary. The installment amounts and the schedule of payments will be within the repayment capacity of DPs; - Additional efforts, such as economic rehabilitation assistance, training and other forms of assistance, should be provided to DPs losing income sources, especially to Institute of Energy - IE 26

28 vulnerable groups in order to enhance their future prospects toward livelihood restoration and improvement; - The previous level of community services and resources, encountered prior to displacement, will be maintained or improved for resettlement areas; - Contractors can only commence civil works after (i) the governmental competent agency has satisfactorily completed compensation payments and rehabilitation assistances in accordance to approved RP for that sub-project; (ii) already-compensated DPs have cleared the area in a timely manner; and (iii) the area is free from any encumbrances. Temporary Resettlemen: Relocation of any households more than once should be avoided, because it leads to DPs being impacted twice or more and will slow down the livelihood restoration time. If it must happen, these households should be considered for additional benefits as they have been impacted twice. If the implementing agency has verified that temporary resettlement is unavoidable for such reasons as the final resettlement is subject to the temporary resettlement (e.g., construction of the resettlement site will not take place until the DPs are temporarily relocated) and an implementation plan for the final resettlement is agreed by the DPs and approved by District People s Committee (DPC) or Provincial People s Committee (PPC) and the Bank, then an additional assistance package is offered Policies on compensation, assistance and resettlement applied to the subproject Compensation for Loss of Agricultural Land 1) Legal and Legalized Land Users If the lost area represents less than 20% of a Household s (HH s) land holding (or less than 10% for poor and vulnerable groups), and the remaining area is economically viable, compensation in cash will be at 100% replacement cost for the lost area. If the lost area represents 20% or more of the HHs land holding, (or 10% or more for the poor and vulnerable groups) or the remaining area is economically not viable, then land for land compensation should be considered as the preferred option. a. If no land is available, then implementing agencies (IAs) must demonstrate this to the World Bank s satisfaction before proceeding. b. If land is not available, or if the DP prefers cash compensation, then cash compensation will be provided for the lost area at 100% of land replacement cost, and the DP will be provided with rehabilitation measures to restore the lost income sources, such as agricultural extension, job training, credit access, provision of nonagricultural land at a location appropriate for running off-farm business or services. c. If the DPs wish, and there is land of similar value elsewhere, the project should also assist these DPs to visit these areas and help with legal transactions should they wish to acquire them. d. For agricultural land lying intermixed with residential areas, and garden and pond land lying adjacent to residential areas, apart from compensation at the price of agricultural land having the same use purpose, monetary support shall also be provided; with the prices for such support being equal to between 50% and 70% of the prices of adjacent residential land; and with the specific support levels being decided by the Provincial People's Committees (PPC) to suit local conditions. Institute of Energy - IE 27

29 2) Users with temporary or leased rights to use communal/public land (DPs who rent communal or public land) Cash compensation at the amount corresponding to the remaining investment put on the land or corresponding to the remaining value of the land rental contract, if it exists. For DPs currently using land assigned by State-owned agricultural or forestry farms on a contractual basis for agricultural, forestry, or aquaculture purposes (excluding land under special use forests and protected forests), compensation shall be provided for investments made on the land, but not for the land itself, and these DPs may also receive additional support according to the following provisions: a. Additional monetary support shall be provided for DPs that receive land on a contractual basis and are public employees or workers of State-owned agricultural or forestry farms, or who are former employees of such farms and who are now receiving an allowance related to their former employment. The highest level of additional monetary support shall be equal to the price of land to be compensated, calculated on the basis of the value of the affected land area which shall, however, not exceed the local agricultural land assignment limits. The PPC shall decide on the specific support levels to suit the local conditions but the additional monetary support shall not be less than 70% of the compensation value for the land actually acquired. b. Where DPs receive land on a contractual basis but are other than the individuals specified at (a) above, they shall only receive compensation for investments made on the land. 3) Land Users without formal or customary recognized rights to the affected land Instead of compensation, these DPs will receive rehabilitation assistance up to 100% of the land value in cash. DPs will be entitled to rehabilitation measures mentioned above to ensure their living standards are restored. In case the land is rented through civil contract between individuals, households, or organizations, then the compensation for crops, trees, or aquaculture products will be paid to the affected land users and the project client shall assist the renter to find similar land to rent. In cases when DPs utilize public land (or protected areas), with an obligation to return the land to the Government when requested, the DPs will not be compensated for the loss of use of the land. However, these DPs will be compensated for crops, trees, structures and other assets they own or use, at full replacement cost. Although they cannot reside in such public safety-hazard areas, if access has not been denied previously through well-documented signs and such things as fences, the social and baseline assessment should consider if such a physical impediment (like a newly restricted public safety area) is causing loss of livelihood due to people no longer being able to get to jobs and other assets associated with their subsistence as a result of restricted safety zone definition, which may for example add significant cost to traveling from home to business, schools, etc Compensation for Loss of Residential Land 1) Losing of residential land without associated structures:compensation for loss of land in cash at replacement cost to legal and/or legalizable land users. For land users who have no recognizable land use right, financial assistance of an agreed amount will be provided. The amount will be determined by the respective Provincial People s Committee. 2) Loss of residential land with associated structures and the remaining land is sufficient Institute of Energy - IE 28

30 to rebuild the structure (reorganizing DP): Compensation for loss of land will be made in cash at (i) full replacement cost for legal and legalizable land users; (ii) Financial assistance of an agreed amount will be provided to land userswho do not have recognizable landuse rights. If DPs have to rebuild their houses, they will be provided with a rental allowance for a period of 3 months while their houses are being rebuilt. 3) Loss of residential land with associated structures and the remaining land is insufficient to rebuild the structure (relocating DP):other than specific provisions listed below, in case where relocated DPs belong to vulnerable groups, the project will consider providing them with additional assistance (in cash and kind) to ensure that they can afford to relocated to a new site. - For DPs who have legal or legalizable rights to the affected land: A land plot of equivalent size and quality, in a well-developed resettlement site. Where land is not available, an apartment will be provided to the DP. The will be done in consultation with the DP. Full ownership title to the land or apartment will be given at no cost to the DP. Or, On request of and with full consultation with the DP, cash compensation at full replacement cost, plus the amount equivalent to the value of the infrastructure investments calculated as an average for each household in a resettlement site. In this case, the household will be expected to relocate themselves. In the event that the compensation (or assistance) amount accounts less than the cost of a land plot in the project s resettlement site, DPs will be supported with the difference required for the acquisition of the land plot. If a land plot in the project resettlement site is not the chosen DP s option, cash assistance will be provided equivalent to difference required to acquire a chosen land plot. - DPs who do not have formal or customary rights to the affected land: Financial assistance of an amount to be determined by provincial People s Committee will be given. If the DP has no place to move, a land plot or an apartment satisfactory to them will be provided in the resettlement site. In case the relocated DPs belong to poor or vulnerable groups or households, additional assistance (in cash and kind) will be provided to ensure that they are able to fully relocate to a new site Compensation Policy for Loss of Houses/Structures Houses Compensation or assistance in cash will be made for all affected private-owned houses/structures, at 100% of the replacement costs for materials and labor, regardless of whether or not they have title to the affected land or a construction permit for the affected structure. The compensation will be sufficient to rebuild the affected house/structure of the same quality. As per OP 4.12 cash compensation will be at full replacement cost in local markets. No deductions will be made for depreciation or salvageable materials. If the house/structure is partially affected, a financial assistance will be provided to Institute of Energy - IE 29

31 enable DPs to repair the affected house/structures to restore it to the former condition, or better, at no additional cost to them. Graves Compensation for the removal of graves/ tombs will include the cost of excavation, relocation, reburial and other related costs which are necessary to satisfy customary requirements. Compensation in cash will be paid to each affected family or to the affected group as a whole as is determined through a process of consultation with the affected community. The level of compensation will be decided in consultation with the affected families/communities. Household and individual graves are considered physical cultural resources (PCR) and even though the costs associated with their relocation may be covered in the resettlement plan, the WB OP 4.11 on Physical Cultural Resources should be triggered and relevant cross references should be made to the Environmental Management Plan or project implementation manual. Tenants The tenants of state or organization s houses will be: (i) entitled to rent or buy a new apartment of the area at least equal to their affected one if they/he/she have a demand for; or (ii) provided an assistance equal 60% of replacement cost of the affected land and houses. The structure created by the DPs themselves will be compensated at their full replacement costs. The tenants who are leasing a private house for living purposes will be provided with transportation allowance for moving assets, as well as will be assisted in identifying alternative accommodation Compensation Policy for Loss of Standing Crops and Trees For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to the affected persons, who cultivate the land, according to the full market value of the affected crops and/or at replacement cost for affected perennial trees. Regarding the removable affected trees, the compensation will be equal the transportation cost plus actual loss. Perennial crops will be compensated for at the calculated value of their life time productivity Compensation Policy for Loss of Income and/or Business/Productive Assets For DPs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be: - The registered non-farm producer/business DPs, who have income-generating and/or business/productive assets affected, will be given cash business assistance for the loss of business income, equivalent to 50% of the annual average for the last 3 years net income. (This amount is equivalent to 100% of monthly net income for 6 months). - The non-registered business or non-farm producer DPs, whose operations are recognized by local authority and who have income and/or business/productive assets affected, will be given assistance in cash for the income losses for three months at the minimum - If the business has to be relocated, then, a priority to provide a replacement business site accessible to customers, or, compensation in cash for the affected area at a Institute of Energy - IE 30

32 replacement cost, plus transportation allowance to remove movable attached assets. If there is no land available, then the business/non-farm producer DPs will be entitled for rehabilitation measures such as job training, credit access to help restore the income sources Compensation Policy for Temporary Impact during Construction In the event of temporary impact during construction, DPs are entitled to the following: - Compensation for all affected assets/investments made on the land, including trees, crops etc., at full replacement cost; - Cash compensation for land temporarily acquired in the form of rent which is at least equivalent to the net income that would have been derived from the affected property during the period of disruption; Damages to Private or Public Structures Damaged property by contractor will be restored by contractors immediately at full replacement value, after completion of civil works, to its former condition. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the Project. Compensation for loss of community assets: In cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems is damaged, the project will ensure that these will be restored or repaired at no cost for the community and to the community s satisfaction Secondary DPs This applies to those affected by development of individual resettlement or group resettlement sites. Because all secondary DPs are likely to be affected in similar ways as primary ones, they will be entitled to compensation and rehabilitation assistance in accordance with the same respective provisions for all other DPs Allowances and Rehabilitation Assistance Besides the compensation for affected assets, DPs will be provided with financial assistance to cover their expenses during the transition period. The assistance levels will be adjusted, taking into account inflation factor and price increase to be appropriate to the payment time. These will be detailed in the RP. They include, but are not limited to: - Transportation allowance will be given to relocating DPs. The amount will be determined by local authority - House renting allowanceor temporary accommodationwill be provided for relocating DPs during the time whenthe DPs are waiting for the land plot or apartment to be ready plus for the period of building the new house. - Removal Support:Organizations and DPs that are allocated or leased land by the state or are lawfully using land and have to relocate their productive and/or business establishments are entitled to financial support for dismantling, relocating and reinstallation of the establishment. Support levels will be determined by actual costs at the time of removal, based on self-declaration of the organizations and verification by Institute of Energy - IE 31

33 the agency in charge of compensation. This will then be submitted to the relevant authorities for approval. - Subsistence allowance for relocating: All DPs (i) relocating within province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 03 months; (ii) relocating out of province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 06 months; (iii) who are in a severe socioeconomic difficulty or who relocating to areas of socioeconomic difficulty shall be receive cash allowance equal to 30 kg of rice per month in uninterrupted 12 months. - Support for living stabilization: (a) DPs losing 20-70% of their agricultural landholding (or 10-70% for the poor and vulnerable groups) will be provided with the amount equivalent to 30 kg of rice/person/month for 6 months if they do not have to relocate and 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (b) DPs losing more than 70% of their agricultural landholding will be assisted for 12 months if they do not have to relocate and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided upto a maximum of 36 months; (c) Households affected by loss of less than 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. In case of land-for-land compensation, DPs will be assisted with seedlings, agricultural-forestry extension programs, husbandry etc. - Support for job changing (with several options provided depending on the interest of the DPs): The support amount is 2-5 times of the agricultural land price for the whole acquired agricultural area but not exceeding the local land allocation limit at the moment of handing over land. - Support for training, apprenticeships on vocational training establishments in the provinceand exemption from tuition fees for the training courses for those of working age (not applicable for those who enroll for a vocational training outside the province). After finishing training courses, they will be given priorities to be recruited in local manufacturers/businesses. - Support for the poor and vulnerable groups: Additional support will be provided to the poor and vulnerable groups to ensure they will be able to restore the losses and livelihood at least at pre-project level - Other rehabilitation measures as agricultural extension services, job training and creation, credit access, non-farm land allocation for non-farming business/activities, and/or other measures as appropriate will be given to DPs losing major income sources to ensure their livelihood is restored to the pre-project level. - Relocation bonus: A bonus of maximum 5 million VND will be awarded to DPs who dismantle their houses and vacate their premises in accordance with the resettlement schedule. 1.8 Compensation COMPENSATION, ASSISTANCE AND RESETTLEMENT Cut-off date: The cut-off date has been fixed during the socio-economic survey and inventory inoctober, The cut-off date has been notified to the competent local Institute of Energy - IE 32

34 authorities when working with the locality performing public consultation. Encroachers who settled into the proposed affected area after the cut-off date will have no entitlement to compensation and resettlement. They will be required to demolish their structure and cut the trees or harvest their crops for land clearance to the project. Nevertheless, they do not have to pay any fine or sanction. The cut-off date and the provision of 'no compensation for encroachers' have been clearly declared in the community meetings. Replacement cost: in this subproject, the losses consist only of lands, trees and crops. The survey results show that TLs are constructed in rural areas where most local people do agricultural production (rice, secondary crops) and forest plantation with long-term stability. In these areas local people have not virtually traded land, trees or crops (in most cases, local households transfer their land ownership to their children, relatives). The compensation unit prices for land, trees and crops have been discussed with local governments (Hoa Binh city, Ky Son district, Luong Son district Hoa Binh Province và Quoc Oai district Ha Noi city). Compensation unit prices will be in line with price frame issued by Provincial PC, specifically: - Decision No.18/2012/QĐ-UBND dated December 21,2012 of PC at Hoa Binh Province on prices of lands at Hoa Binh Province in 2013; - Decision No.19/2011/QĐ-UBND dated September 19 th, 2011 of PC at Hoa Binh Province on Compensation Unit Prices for the properties acquired by the State at Hoa Binh Province. - Decision No. 51/2012/QĐ-UBND dated December 28, 2012of PC at Ha Noi cityon Regulation on price of lands at Ha Noi city in 2013; - Announcement No. 7038/STC-BG dated December 31, 2012 of Department of Finance at Ha Noi city on Compensation Unit price for trees, crops and livestocks on the cleared lands at Ha Noi city in 2013 ; It is understood that such unit prices for land are used in this RP just for the sake of cost estimate (during the time of this RP preparation) only. By the time of actual RP implementation (expected during 2014), the compensation unit prices for land will be recalculated to ensure that DP will be compensated at the replacement costs for their losses. Compensation unit prices for land Chapter II of Decree No.188/2004/ND-CP - Method of determining land prices, based on the instructions in Chapter I of Circular No.145/2007/TT-BTC (Article 1: "direct comparison method "and Article 2: "income method") ensures that the unit price will be adjusted in accordance with the replacement cost at the time of issuance. The unit price is based on replacement costs for land, buildings, trees and market prices for crops. However, the compensation unit price used in this RP only for cost estimation purposes and will be reviewed by the local authority and independent agencies at the time of implemntation of RP and will be adjusted by PPC ( if required and is used to calculate the benefits of the APs ) to ensure that all APS will be compensated at replacement cost for their losses under this policy. Institute of Energy - IE 33

35 Table 4.1: Compensation Unit Prices for Permanent Affected Land No Locality Price unit (dong/m2) Cultivated land Annual plant Perenial Aquiculture Note I Hoa Binh province According to Decision no. 1 Hoa Binh town 18/2012/QĐ- UBND dated 1.1 Tan Thinh ward /12/2012 by Hoa Binh Province 1.2 Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district 2.1 Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district 3.1 Lam Son commune Luong Son town Hoa Son commune Institute of Energy - IE 34

36 II Hanoi City According to 1 Quoc Oai district Decision no. 51/2012/QĐ-UBND 1.1 Dong Yen commune dated 28/12/2012 by Ha Noi City 1.2 Can Huu commune Thach Han commune Dong Quang commune Note: Above list of land price is average price at all communes/towns/ wards. In case of maintaining land use purpose (houses or buildings acceptable in Security Corridor) but limitation of usage, compensation is still made on the basis of actual loss. Compensation unit prices for trees and crops Compensation for trees, crops and livestocks applicable for the permanently acquired land for foundation pivotal construction, acquired aquatic production land area and affected trees during construction period. Table 4.2:Compensation price units for eligible trees, crops and livestocks No Plant type Unit Price Note II Tỉnh Hòa Bình 1 Rice m Farm produce m Citronella m Longan pcs Banana pcs A Acacia pcs Pond m III Hanoi city 1 Rice m Farm produce m Banana pcs Pond m According to Decision no. 19/2011/QĐ-UBND dated 19/9/2011 by Hoa Binh province According to Announcement no. 7038/STC-BG dated 31/12/2012 by Financial Department of Hanoi City Institute of Energy - IE 35

37 1.9 Assistance Assistanceunit price for improvement and grounding for houses/structures Providing assistance on refurbishing wall, roof, earth connection through technical methods for 65 houses of the households in Security Corridor to ensure that they can stay without displacement in line with the regulation at Article 6, Decree no. 106/2005/NĐ-CP on17/8/2005 which provides detailed regulations and guidances to implement some of Electricity Law on protecting high voltage system. Table4.4.Assistance unit price for improvement and grounding No. Categories Unite Unit price 1 Improvement houses, roof thatch house VNĐ/m 2 500,000 2 Grounding VNĐ/house 1,000, Assistance unit price for land in the route s corridor Table4.5.Assistance unit price for land in the route s corridor Institute of Energy - IE 36

38 Price unit (dong/m2) Cultivated land Aquiculture No Locality Note Annual Perenial plant I Hoa Binh province 5 times of land 1 Hoa Binh town compensation cost (Estimate). 1.1 Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district 2.1 Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district 3.1 Lam Son commune Luong Son town Hoa Son commune II Hanoi City 5 times of land 1 Quoc Oai district compensation cost (Estimate). 1.1 Dong Yen commune Can Huu commune Thach Han commune Dong Quang commune Assistance unit price for houses in the route s corridor Table4.6.Assistance unit price for houses in the route s corridor Institute of Energy - IE 37

39 No. Categories of houses/structures Unit price 1 Category: temporary -A 630,000 2 Category: temporary -B 420,000 3 Category: temporary -C 245,000 Note: According to Article 5 of Decree No.81/2009/ND-CP of the Government dated Oct. 12, 2009, houses in of the T/L will be compensated, supported due to restricted usability. The assistance cost will not exceed 70 % of compensation cost Rehabilitation There are no household will have to move their house or building due to the subproject's activities. PUBLIC CONSULTATION AND PEOPLE S PARTICIPATION 1.10 Public consultation and people s participation Public consultation Public consultants are carried out by sending summary document of the subproject and organized community meetings. This summary document was described subproject s components, resettlement policy, frequently asked questions of APs, prevented methods for risk of shock and protect measures for the ROW, potential impacts and minimized methods, etc. Institute of Energy held community meetings at People s Committee of 16 affected communes and wards in Sept. - Oct Minutes of public consultant meetings and photos are presented in Annex 5 of the RP. Participant components who invited to the public consultation meeting consist of representatives of subproject affected households, local authorities, Fatherland Front Committee and local mass organizations (Women Union, Farmers Associations, etc.) (Please see details in Annex 4). In the consultation meetings, representatives of the subproject owner as the consultant presented some major issues as follows: - Introduction of the subproject and implementation schedule. - Impacts on land, houses, structures, trees; mitigation measures for land acquisition; principles and policy of compensation; the grievance procedure. - Impacts on air quality, noise, water quality, socio-economic activities and mitigation measures. In the community meetings, APs queries on RP related issues such as entitlement, compensation, etc., will be answered and recorded by representatives of the subproject owner; and updated in the RP Synthesis of community consultation Community consultation activities are carried out in 02 forms: distributing information leaflets on Things to know about compensation policies, land clearance and electrical safety of the project; and community meetings. Institute of Energy - IE 38

40 Leaflets on Things to know about compensation policies, land clearance and electrical safety of Tranmission Efficiency Project has been prepared (in the form of questions & answers and images) and distributed to 100% of affected households, and publicized in the sub-project area (Quarter II, 2014). This is the basis for community and DPs participation in different phases of the works. This document consists of two key sections, namely: (1) The frequently asked questions of DPs; and (2) The images showing safety measures to prevent electrical accidents and ROW protection. Based on the information on the leaflet, the results of damages and loss inventory, implementation plan of compensation and assistance, the entitlement matrix and other materials related to compensation that are provided, the local community and DPs will get directly and effectively involved in the monitoring activities of compensation and assistance under project. Districts Compensation Council has also convened meetings of related communes to inform them of this sub-project. Additionally, the commune leadership has informed local residents in relevant villages of the potential impacts, especially the entitlement matrix. During RP s preparation period, Consulting Unit holds the meeting to ask for opinions of local community in sub-project area with the involvement of DPs and local people in line with the following schedule: Table 5.1 Public consultation Institute of Energy - IE 39

41 No Subproject Venue/ Time and Date No of participants People s opinions 1 Hoa Binh - Tay Ha Noi 220kV Tranmissio n line Venue: Yen mong Commune, Tan Hoa Ward, Hoa Binh city. Time: October 1, 2012 Venue: Mong Hoa Commune, Ky Son district. Time: October 2 nd, 2012 Venue: Hoa son commune, Luong Son district. Time: October 3 rd, participants 06 participants 15 participants - Phuong Ngoc Bao: supports Government s strategy; recommends that thorough investigation should be made to ensure people s safety and harmonize with people s requirements. - Nguyen Van Du: electricity should be provide to local people. - Ha Trong Thiem: local people s fields will be influenced. - Nguyen Van Binh, Nguyen Đuc Hien: hopes that the Sub-project will be implemented. - Nguyen Viet Hung: local people s safety should be ensured.. - Nguyen Van Loi, Nguyen Thi Hanh, Nguyen Thi Đieu: local people s safety should be ensured. - Ly Thi Quyet: hopes that Sub-project implementation won t influence the households. - Nguyen Thi Loi: resettlement location should be reasonable. - Bui Van Lam, Bui Van Hao, Bui Van Khuynh, Nguyen Thi Hai, Nguyen Đuc Trí, Bui Van Bay, Pham Van Nam, Nguyen Thi Loan: hopes that the Sub-project will be implemented. - Tran Thi Lan: Noise pollution can be caused due to heavy rain. - Đo Thi Tuu: noice and worries can be raised which consequently influence peole s heath. - Hoang Trong Luan: people s heath can be influenced (ear, heart. - Đo Thi Thanh: safety should be ensure; compensation should be reasonable. - Hoang Cong Xep: field infringe should not be happended; compensation costs. - Nguyen Van Tuan: it is convenient for Institute of Energy - IE 40

42 No Subproject Venue/ Time and Date No of participants People s opinions local people; current electric resource is still low -> additional resources should be provided Disclosure Per requirement of Bank s policy, the Vietnamese version of this draft report was publically disclosed at project communes, PMBs, and VDIC of the World Bank office in Hanoi (Jan. 2014). English version was also disclosed in InfoShop of the World Bank in Washington D.C. Final versions (English and Vietnamese) will also be re-disclosed at project sites, PMBs, VDIC and InfoShop Grievance redress administrative APs are entitled to the complaints regarding their interests and responsibilities in the Project implementation including but not limited to such things entitlements to compensation, compensation policy, unit prices, land acquisition, resettlement and other entitlements related to the recovery support programs. Complaints can also concern issues related to construction safety and nuisances caused by construction. Grievance procedures should be affordable and accessible procedures for third party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. All complaints will be recorded, recognized and processed by the functional units at all levels. Local mass organizations such as Fatherland Front, Farmers Association, Women s Association etc. are mobilized to participate actively in the process of resolving complaints, questions. APs can report their complaints (without any administrative and legal charges) to the responsible units under district and commune/ward people s committee. PMB must ensure having assigned staff in these responsible units to work on the project and maintaining a throughout reporting system. Following the aforementioned arrangement, the grievance procedure will be: - Step 1. Any persons who are not satisfied with any contents of the program of economic recovery and resettlement can report verbally or in writing to their Ward/Commune People s Committee (CPC) who will be responsible for resolving their complaints within 15 days through inspection, and identification and proposal to upper authorities. - Step 2. After the due date, if there is no agreement, conciliation formed between APs and CPC or no answer from CPC, APs can appeal to the District People s Committee (DPC) who will give their decisions within 30 days after receiving the complaints. - Step 3. If after the due date, there is no agreement, conciliation formed between APs and DPC or no answer from DPC no agreement/conciliation/answer is made, APs may appeal to the responsible unit of Provincial People s Committee (PPC) who will give their decisions within 30 days after receiving the complaints. - Step 4. If they are not satisfied with the decisions at the provincial level, APs may present their petition to their district administrative court. AP s will be exempted from all administrative and legal fees. Besides that, an escrow accounts for resettlement payments should be used when grievance is resolving to avoid Institute of Energy - IE 41

43 excessive delay of the project while ensuring compensation payment after the grievance has been resolved. All GRC should maintain a system to register queries, suggestions and grievances of the APs. All queries, suggestions and grievances and their resolution should be recorded and forwarded to the PMB and its functioning monitored monthly. All the cost of GRM establishing and functioning should be included in the subproject cost. SUPERVISION, MONITORING AND VALUATION Implementation of RP will be periodically supervised and monitored by the respective NPPMB in a close coordination with the respective Peoples' Committees at different administrative units and independent monitoring agencies. The findings will be recorded in quarterly reports to be furnished to NPT and World Bank Internal monitoring and supervision NPPMB is responsible for internal monitoring of the RP implementation. Internal monitoring and supervision will: Verify that the baseline information of all DP's has been carried out and that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other resettlement entitlements has been carried out in accordance with the provisions of this Policy frameworkwork and the respective RP. Oversee that the RPs are implemented as designed and approved. Verify that funds for implementing the RP are provided to the respective AMB in a timely manner and in amounts sufficient for their purposes, and that such funds are used by the respective AMB in accordance with the provisions of the RP and policy framework. Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner. Officer in charge of resettlement and unit in change of compensation for land clearance for sub-project implementation are responsible to update information on key activities as follow: Table 6.1: Key activities of internal monitoring and assessment No Activities of 1. Informing local people and local authorities about the project 2. Inventories of total losses x 3. Replacement cost surveys x 4. Preparing RP x 5. Approving RP Implemented Yes x No Description Institute of Energy - IE 42

44 No Activities of Implemented Yes No Description - EVN/NPT - PC at Hoa Binh Province - PC at Ha Noi city - WB 6. RP information disclosure x Hoa Binh Province - Hoa Binh city: + Tan Thinh Ward; + Huu Nghi Ward; + Hoa Binh Commune; + Tan Hoa Ward; + Yen mong Commune; - Ky Son district: + Ky Son Town; + Dan Ha Commune; + Mong Hoa Commune; + Dan Hoa Commune; - Luong Son district: + Lam Son Commune; + Luong Son Town; + Hoa Son Commune; Ha Noi city - Quoc Oai district + Dong Yen Commune; + Can Huu Commune; + Thach Than Commune; + Dong Quang Commune; - Electricity Tranmisson 1 - VDIC/Infoshop x 7. Checking, measuring land area x 8. Applying compensation unit x prices (from RP) 9. Preparing specific compensation x plan 10. Approving compensation plan x Institute of Energy - IE 43

45 No Activities of Implemented Yes No Description 11. Declaring compensation plan x 12. Adjustment and approval (if any) x 13. Payment for losses (including crosscheck with RP - i.e. DPs, budget, impact levels etc.) x 14. Internal monitoring x 15. Independent monitoring x 16. RP implementation reporting x 17. Recording and solving complaints x 18. Consultation and people's participation x - Community meetings x - Providing leaflets 19. Coordinating with other agencies x (especially Compensation Council) 20. Subproject mid-term and final x reviews (in accordance with the project) 1.14 Independent monitoring An independent agencies or individual consultants contracting with NPPMB periodically carry out external monitoring and evaluation of the implementation of RPs. The independent agencies can be academic or research institutions, non- Governmental Organizations (NGO) or independent consulting firms, all with qualified and experienced staff and terms of reference acceptable to the World Bank. Independent monitoring begins about the same time as implementation activities and continues until the end of project/subproject. Independent monitoring can be contracted with NPT once for all sub-projects. The scope of work and other terms of conference will be prepared by NPT which then will be sent to WB for review. Independent monitoring Agency will: Prepare the action plan for the involvement of DPs; check whether the compensation and other benefits are in line with WB s Policy framework or not; Assess whether the objectives of Policy framework in tern of improving or at least maintaining income and living standard for the DPs are successfully achieved or not; Collect the quality indicators of the economic-social impacts of the Sub-project on DPs; Make recommendations on adjusting the RP s implementation plan in individual cases to achieve the objectives and aims of Policy framework Reporting condition Institute of Energy - IE 44

46 Internal monitoring agencies will prepare a quarterly report detailing the progress of RP implementation; the report should be made available to EVN/NPT, WB, and independent external monitoring agency. The terms for the independent external monitoring agency will be detailed in the contract (Independent external monitoring agency and NPPMB). A cannot be considered complete until a completion audit or survey confirms that all entitlements have been received by beneficiaries and livelihood restoration is progressing on schedule Implementation responsibility IMPLEMENTATION SCHEDULE Southern Power Project Management Board (NPPMB) NPPMB, representing NPT, have following responsibilities: - Prepare RPs in accordance with the RPF. Coordinate with the provincial People s Committees and local authorities to obtain consensus from provincial People s Committee for the RPs and submit them to the WB for review and clearance. - Develop and implement a training program for the provincial and district People s Committee s, relevant stakeholders involved in RP implementation and Grievance Redress. - Where relevant, provide technical support (e.g. consultation mobilization) in identifying the replacement cost to inform compensation rate during the RP implementation. - Secure timely availability of required budget for RP preparation and implementation; - Conduct internal monitoring of RP implementation as per requirements set out in the project s RPF and the RPs. - Prepare bi-annual progress reports and submit to WB - Designate staff with solid experience in resettlement and familiar with Bank s safeguard policies as a social focal point for PMB. - Take part in compensation, support and resettlement council at local level and ensure that the agreed RPs are properly implemented, documented and reported. - Work closely with competent governmental agencies to address concern, grievances related to resettlement in their managed subprojects. Provincial People s Committees (PPC) Provincial People s Committees have responsibilities as follows: - To direct, organize, propagate and mobilize all organizations and individuals concerning compensation, support and resettlement policies and ground clearance according to the land recovery decisions of competent State bodies; - To direct the provincial/municipal services, departments, branches and district-level People's Committees: (i) To draw up resettlement and resettlement area plans in service of the land recovery; (ii) To draw up compensation, support and resettlement plans according to their competence; - To approve or assign the district-level People's Committees to approve compensation, Institute of Energy - IE 45

47 support and resettlement plans; - To approve land prices; promulgate the property price tables for compensation calculation; prescribe support levels and supporting measures according to their competence; resettlement arrangement plans, job change training plans according to their assigned competence; - To direct the concerned agencies to settle citizens' complaints, denunciations related to compensation, support and resettlement according to their law-prescribed competence; - To guarantee impartiality and equity when considering and deciding on the compensation, support and resettlement when land is recovered by the State according to their competence prescribed in this Decree; - To decide or assign the district-level People's Committees to apply coercion to cases of deliberately failing to abide by the State's land recovery decisions according to their competence; - To direct the examination and handling of violations in the compensation, support and resettlement domain. District People s Committees The District People s Committees have responsibilities as follows: - To direct, organize, propagate and mobilize all organizations and individuals concerning compensation, support and resettlement policies and ground clearance according to the land recovery decisions of competent State bodies; - To direct the compensation, support and resettlement councils of the same level to draw up, and organize the implementation of, the compensation, support and resettlement plans; approve the compensation, support and resettlement plans according to the responsibility assignment by the provincial-level People's Committees; - To coordinate with the provincial/municipal services, departments and branches, organizations and investors in executing investments projects to build and plans to create resettlement areas in their localities according to the assignment of the provincial-level People's Committees; - To settle citizens' complaints, denunciations related to compensation, support and resettlement according to their assigned competence; issue coercive decisions and organizing coercion in the cases falling under their competence; coordinate with the functional agencies in organizing coercion according to the decisions of competent bodies. Compensation, support and resettlement councils The compensation, support and resettlement councils shall assist the People's Committees of the same level in making, and organizing the implementation of, compensation, support and resettlement arrangement plans; work on the collective principle and decide by majority; where the numbers of votes for and against are equal, the opinion of the side joined by the council chairman shall be followed. Responsibilities of council members are as follow: - The council chairman shall direct the council members to make, submit for approval and organize the implementation of, the compensation, support and resettlement plan; Institute of Energy - IE 46

48 - The investor shall be responsible for assisting the council chairman in making the compensation, support and resettlement plan, ensuring sufficient funds for timely payment of compensation, support and resettlement money; - Representatives of persons who have land recovered shall be responsible for reflecting the aspirations of persons who have land recovered, persons who must be relocated; mobilizing persons who have land recovered to move and clear the ground according to schedule; - Other members shall perform the tasks as assigned and directed by the council chairman, suitable to their respective branches. - The compensation, support and resettlement councils shall be responsible for the accuracy and rationality of inventory statistics, the legality of land and property eligible or ineligible for compensation, supports in the compensation, support and resettlement Center for Land Fund Development The Center for Land Fund Development has main responsibilities related to resettlement as follows: - To assume the prime responsibility for, or coordinate the with the compensation and ground clearance council in, organizing compensation and ground clearance; - To work and coordinate closely with project s stakeholders to update and implement RP as per project s RPF. - To provide compensation and ground clearance services; - To develop resettlement areas; - To build infrastructure on land funds assigned to it for management in order to organize auction; - To provide information on land prices and land funds to organizations and individuals upon request; - To assist the District People s Committee and Provincial People s Committee in disseminating information related to. - To assist the District People s Committee in handling complaints at district level. - To perform other tasks under decisions of the provincial-level People's Committee. Commune People's Committees The Commune People's Committees shall have the responsibilities: - To organize propaganda on the land recovery purposes, compensation, support and resettlement polices of the projects; - To coordinate with the compensation, support and resettlement councils in certifying land and property of persons who have land recovered; - To join in, and create conditions for, the payment of compensation and support money to, and arrange resettlement for, persons who have land recovered, and create conditions for the ground clearance. Displaced persons (DPs) Institute of Energy - IE 47

49 DPs are ready with their necessary RP related papers i.e. LURC, ownership of other assets. DPs are responsible for carefully checking on their lost assets and respective entitlements and clear land in a timely manner once DPs receive full entitlements. Independent Monitoring An independent agency is responsible to supervise and evaluate implementation of RP for the subproject. This agency will submit monitoring reports periodically during implementation of RP and suggest solving measures for all identified issues to SPPMB and WB Implementation Schedule Table 7.1:Proposed sub - Sub-project implementation schedule Item 1. AMB and Council of Compensation Schedule Establishment of Sub-project Council of Compensation Quarter II Commencement of Public Disclosure Quarter II Commencement of detailed measure and asset inventory Quarter II Commencement of payment of compensation Quarter III DPs Commencement of declaration of quantity and status of properties Quarter II Commencement of receiving compensation and ground clearance Quarter III Bidding Commencement of bidding for equipment Quarter III Civil works Commencement of civil works Quarter IV Monitoring Commencement of monitoring works Quarter II All RP activities must be satisfactorily prepared before the World Bank issues a no objection for award of contract for the subprojects. Any changes to the RP after WB clearance will require review by the WB s Task Team before implementation Basis of cost calculations COSTS Compensation cost estimate for affected land, houses or structures based on: - Resettlement Policy Framework (RPF) of the Transmission Efficiency Project (TEP). - Decree No.197/2004/ND-CP on December 3, 2004 of the Government on compensation, support and resettlement when land is requisitioned by the state. Institute of Energy - IE 48

50 - Decree No.106/2005/ND-CP on August 17, 2005 regulates details and guides to implement some matters under the Electricity Law regarding safety protection for high-voltage power networks. - Decree No.69/2009/ND-CP dated August 13, 2009 of the Government additionally regulates on land use planning, land prices, land requisition, compensation, support and resettlement. - Decree No.81/2009/ND-CP on October 12, 2009, on revision and supplement of some articles of the government s decree No.106/205/ND-CP of August 17, Survey on the replacement cost and the market price for land, houses, structures done by PECC3 in Oct And Ha Noi, Hoa Binh related decisions 1.19 Replacement Cost Survey According to the survey result, the transmission line will be built in the rural area, almost land is used for permanent agricultural production and the land unit price has been relatively steady for 3 years. Through consultation with local authorities and residents, compensation unit prices for land, houses, structures, crops of other projects in the region were applied equivalent to the unit prices issued by PPC and accepted by affected households. Hence, this RP applies the unit prices issued by PPC for estimation. At the time of implementation of RP (expected to start in QII, 2014), compensation unit prices will be updated to ensure that APs will be compensated at replacement cost for their losses Cost estimation for implementation of RP Source of financing for RP implementation is from counterpart fund of EVN, NPT and NPPMB. The funds will be transferred to CRC who is responsible for: Payment of compensation and all entitled allowances directly to APs, and Payment to cover costs of overall RP activities. The contingency component would cover such differences by the time of actual RP implementation. This cost was included in provision costs of the subproject Preparation of RP At the initial stage of the preparation for the establishment of RP, a socio-economic survey workforce has to be established. This workforce will carry out (a) studying the designs and field visits, (b) establishing the socio-economic survey forms (interview) and inventory forms (with preliminary measurements of fixed assets and counting of properties), (c) organizing community meetings and public consultation and distribution of Sub-project related pamphlets/q&a, (d) socio-economic surveys by means of fill in the 'Questionnaires' and direct interview, (e) data processing and (f) establishment of the RP for approval. AMB has signed contracts with the Consultant to carry out the tasks mentioned above Institute of Energy - IE 49

51 8.3.2.Compensation and Resettlement Compensation for permanent land acquisition and temporary land acquisition. Compensation for permanently and temporarily affected trees and crops Cost for staff of Compensation Council (management cost) At the stage of preparation for the establishment of RP, Compensation Council s supporting team will be established to (a) carry out detailed measure and statistics, collect information on resettlement, (b) organize the community meetings, (c) implement detailed measure and inventories, (d) negotiate with DPs and (e) completely make payments to DPs and submitted to district PC for approval. Cost for staff of Compensation Council is estimated to be around 2% of total compensation cost Independent monitoring cost Estimated cost for independent monitoring: 500,000,000 VND Land survey cost Estimated: VND Contingency Considering the expected time of actual RP implementation (expected during 2014) and experience from: The implemented and on-going implementing projects of similar nature, The rate for contingency is estimated about 10% of total cost of compensation and RP preparation. Institute of Energy - IE 50

52 Total Cost of RP Implementation Table 8.1: Total Estimated Cost of RP Implementation Unit: VND No Item Cost 1 Resettlement program making cost Compensation and support cost Compensation council cost (2% of 2) Independent monitoring cost (estimate) Land survey cost Spare cost (10% of 1+2) Total ( ) The detail estimation cost for RP implementation are as follows: Institute of Energy - IE 51

53 No Locality Total compensation and support cost (VND) Compesation for permanent affection Compensation Land Plant for temporary compensation compensation affection Work creation Assitance House under transmission line Total cost I Hoa Binh province Hoa Binh town Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district Lam Son commune Luong Son town Hoa Son commune II Hanoi City Quoc Oai district Dong Yen commune Can Huu commune Thach Han commune Dong Quang commune Total Institute of Energy - IE 52

54 Land compensation cost for foundation No. Locality Land type (m2) Price unit (VND/m2) Cost (VND) Total cost Rice Perennial Pond Rice Perennial Pond Rice Perennial Pond (VND) I Hoa Binh province , Hoa Binh town Tan Thinh ward Huu Nghi ward , Hoa Binh commune 0 353, Tan Hoa ward , Yen Mong commune , Ky Son district , Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune , Luong Son district , Lam Son commune Luong Son town 0 695, Hoa Son commune , II Hanoi City 2547,7 1673, Quoc Oai district 2547,7 1673, Dong Yen commune 858,7 638, Can Huu commune Thach Han commune Dong Quang commune , Total 3618, , Institute of Energy - IE 53

55 No. Locality Plant compensation cost for foundation Plant, domestic animal Price unit Cost (VND) Rice Perennial Pond Rice Perennial Pond Rice Perennial Pond (m2) (pcs) (m2) (VND/m2) (đ/cây) (VND/m2) Total cost (VND) I Hoa Binh province Hoa Binh town Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district Lam Son commune Luong Son town Hoa Son commune II Hanoi City 2547, Quoc Oai district 2547, Dong Yen commune 858, Can Huu commune Thach Han commune Dong Quang commune Total 3618, Institute of Energy - IE 54

56 Compensation cost for temporary affection No. Locality Rice (m2) Citronella (m2) Plant, domestic animal Price unit (đ/unit) Cost (VND) Perennial (pcs) Longan (cây) Banana (cây) Pond (m2) Rice Citronella Perennial Longan Banana Pond Rice Citronella Perennial Longan Banana Pond Total (VND) I Hoa Binh province 1 Hoa Binh town Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district Lam Son commune Luong Son town Hoa Son commune II Hanoi City , , Quoc Oai district , , Dong Yen commune 58740, Can Huu commune 54283, Thach Han commune 35584, , Dong Quang commune 24420, Tổng , , Institute of Energy - IE 55

57 Cost for work creation No. Locality Land type (m2) Price unit (VND/m2) Cost (VND) Total cost Rice Perennial Pond Rice Perennial Pond Rice Perennial Pond (VND) I Hoa Binh province Hoa Binh town Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district Ky Son town Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district Lam Son commune Luong Son town Hoa Son commune II Hanoi City Quoc Oai district Dong Yen commune Can Huu commune Thach Han commune Dong Quang commune Total Institute of Energy - IE 56

58 Assitance cost for houses under transmission line No. Locality Area Price unit for land Price unit for house Total cost m2 VND/m2 VND/m2 m2 I Hoa Binh province Hoa Binh town Tan Thinh ward Huu Nghi ward Hoa Binh commune Tan Hoa ward Yen Mong commune Ky Son district Ky Son town 0 0 Dan Ha commune Mong Hoa commune Dan Hoa commune Luong Son district Lam Son commune Luong Son town Hoa Son commune II Hanoi City Quoc Oai district Dong Yen commune Can Huu commune 0 0 Thach Han commune 0 0 Dong Quang commune 0 0 Total Institute of Energy - IE 57

59 Appendix es Plan Resettlement 1. Pictures of Project Areas 2. Entitlement Matrix 3. Agreements on Station Location and T/L Routes 4 Minutes of Community Meetings 5. Sample of Questionnaire 6. Socio-economic Household Data Sheet of DPs 7. Inventory of Project Affected People 8. Interests detail of Project Affected People 9. Photo and relevant map Institute of Energy - IE 58

60 Appendix 1 Project Areas Institute of Energy - IE 59

61 Appendix 2 Entitlement Matrix Institute of Energy - IE 60

62 Entitlement Matrix No Type of loss Application Definition of entitled DPs Compensation Policy Implementation Issues 1 Temporary acquisition of productive land in ROW All DPs have trees, crops, other assets in ROW DPs with/without land certificate included in the inventory or able to prove land occupancy prior to cut-off date. Cash compensation for affected trees at the replacement cost plus cost for cutting trees, crops at market price. Number of crop patterns to be compensated based on the time of temporarily acquired of land. No compensation for land Rehabilitate land after the project construction. Trees have to be cut are regulated by Article 7 of the Government Decree 54/1999/ND-CP, July 8, 1999 on the protection of the high voltage networks. PMB and local authorities determine and ensure that compensation for trees will be at the replacement cost and for crops at the market price. If DP is requested for cutting affected trees, PMB will pay money for this work. DP has right for using salvageable trees. Full compensation at least 01 month before land clearance. Payment to DPs will be delivered by PMB and Resettlement Committees (RCs). Affected land in ROW will be rehabilitated by contractors after the project constructionand land could be used with the restricted purposes. Finance available for compensation and well information disclose/ disseminate 2 Temporary acquisition of residential and garden land in ROW without house or structures in ROW All DPs with orchards or trees in ROW -do- Cash compensation for affected fruit trees and trees at replacement cost. No compensation for land Rehabilitate land after the project construction. Trees have to be cut are regulated by Article 7 of the Government Decree 54/1999/ND-CP, July 8, 1999 on the protection of the high voltage networks. PMB and local authorities determineand ensure that compensation for trees will be at the replacement cost. If PAP is requested for cutting affected trees, PMB will pay money for this Institute of Energy - IE 1

63 No Type of loss Application Definition of entitled DPs Compensation Policy Implementation Issues work. DP has right for using salvageable trees. Full compensation to DPs at least 01 month before land clearance. Affected land in ROW will be rehabilitated by contractors after the project construction Payment to DPs will be delivered by PMB and RCs Finance available for compensation and well information disclose/disseminate 3 Temporary impact on residentialand garden land. Partial house/building within ROW (area in ROW less than 20% of total area) and the demolished area does not impact to the remaining house/building. Residential land and garden land outside of ROW is sufficient for re-organizing (more than 60 All DPs have house/buildi ng and trees/fruit trees in ROW -do- House/ building: DP can opt for : ( i) Remain their houses or building in ROW with the conditions regulated by Article 8 of the Government Decree 54/1999/ND-CP, July 8 th, 1999 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing house/building; or (ii) Cash compensation for the directly affected rooms at the replacement cost and cost for demolishing an affected room. No compensation for land. - Rehabilitate land after the project construction by contractors. House and building have to be demolished or could be existed are regulated by Article 8 of the Government Decree 54/1999/ND-CP, July 8, 1999 on the protection of the high voltage networks. Consultation for DP s options on remains their house in ROW or move out of ROW. PMB and local authorities determine and ensure that compensation will be at the replacement cost, without deduction for salvageable materials DPs will demolish the impacted part/ room and reconstruct/or improve their houses themselves. Full compensation for trees and fruit trees at least 01 month before land clearance. If DP is requested for cutting affected trees, PMB will pay money for this work. DP has right for using salvageable trees. Full entitlement to DPs impacted on Institute of Energy - IE 2

64 No Type of loss Application Definition of entitled DPs Compensation Policy Implementation Issues m 2 in the urban area and 100 m 2 in the rural area). Tree and fruit tree: Compensation for affected trees and fruit trees at the replacement cost. Allowances: Relocating allowance of 30 kg of rice equivalent per person per month in six months. house/building at least 03 monthsbefore land clearance. Payment to DPs will be delivered by PMB and RCs land in ROW could be used with restricted purposes. Finance available for compensation and well information disclose/ disseminate 4 Temporary impact on residential and or garden land. Impact more than 20% or less than 20% of total house/building area but the demolished area will impact to the remaining of house/structure. Land outside of ROW is sufficient for reorganizing (more than 60 m 2 in the urban area and 100 m 2 in the rural All DPs have house/buildi ng and trees/fruit trees in ROW -do- House/building: DP can opt for : (i) Remain their houses or building in ROW with the conditions regulated by Article 8 of the Government Decree 54/1999/ND-CP, July 8 th, 1999 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing house/building; or (ii) Cash compensation at replacement cost for full areas of impacted house/building. No compensation for land. Rehabilitate land after the project construction by contractors. Tree and fruit tree: Compensation for affected trees and fruit House and building have to be demolished or could be existed are regulated by Article 8 of the Government Decree 54/1999/ND-CP, July 8 th, 1999 on the protection of the high voltage networks. Consultation for DP s options on remain their house in ROW or move out of ROW PMB and local authorities determine and ensure that compensation will be replacement cost at the time of payment. DPs will demolish the impacted areas and reconstruct/or improve their houses themselves. Full compensation for trees and fruit trees to DPs at least 01 month before land clearance. If DP is requested for cutting affected trees, PMB will pay money for this work. PAP has right for using salvageable trees. Full compensation for impacted house and allowances to DPs at least 03 months before land Institute of Energy - IE 3

65 No Type of loss Application Definition of entitled DPs Compensation Policy Implementation Issues area). trees at the replacement cost. clearance. Allowances: Relocating allowance of 30 kg of rice equivalent per person per month in six months. Payment to DPs will be delivered by PMB and RCs Cleared residential could be reused with restricted purposes. Finance available for compensation/ rehabilitation and well information disclose/ disseminate 5 Temporary impact on residential and or garden land in ROW. Full or partial house/building impacted and land outside of is not sufficient for reorganizing (less than 60 m 2 in the urban area and 100 m 2 in the rural area) All DPs have house/buildin g and trees, fruit trees in ROW -do- DPs can opt for one of the followings: (i) Remain their houses or building in ROW with the conditions regulated by Article 8 of the Government Decree 54/1999/ND-CP, July 8 th, 1999 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing house/building; or (ii) Cash compensation for the whole residential area which PAP occupied (not only for the impacted areas) and properties associated with occupied land at replacement cost. Impacted land will be obtained by local authorities; or (iii) Land for land with the same area House and building have to be demolished or could be existed are regulated by Article 8 of the Government Decree 54/1999/ND-CP, July 8 th, 1999 on the protection of the high voltage networks. Consultation for DP s options on remain their house in ROW or move out of ROW PMB and local authorities determine and ensure that compensation will be at replacement cost at the time of payment. Replacement land, and resettlement sites development. PAP receive PAPs receiving compensation will demolish the impacted areas and reconstruct/or improve their houses themselves. Full compensation for trees and fruit trees to DPs at least 01 month before land clearance. If DP is Institute of Energy - IE 4

66 No Type of loss Application Definition of entitled DPs Compensation Policy Implementation Issues DP occupied and cash at replacement cost for the affected assets associated with land. Land occupied by DP will be obtained by local authorities. Compensation for affected trees and fruit trees at the replacement cost. Allowances: requested for cutting affected trees, PMB will pay money for this work. DP has right for using salvageable trees. Full compensation for land impacted house and allowances to DPs at least 05 months before land clearance. Payment to DPs will be delivered by PMB and RCs Relocating allowance of 30 kg of rice equivalent per person per month in six months Transportation allowance for relocating PAP according to the Compensation Decree 22/1998 CP dated April 22, 1998 of GOV. Rehabilitation assistance if DPs permanently losing business or more than 25% of their incomes. Cleared residential could be used with restricted purposes. Finance/ land available for compensation/ rehabilitation and well information disclose/ disseminate. PMB consult with DP who are eligible to rehabilitation for their options and prepare proposal for rehabilitation programs in the period of RP implementation. Incentive for relocating in a timely manner: 5,000,000 VND/HH 6 Permanent acquisition of land for tower foundations, substation and access roads etc. All DPs occupied land and properties associated with land permanently impacted by towers -do- For DP losing productive land: a. Land loss less than 25% of their total landholdings Cash compensation for the lost area if the remaining plot is still economically viable. Cash compensation for the whole impacted plot if the remaining plot is not Consultation for DP s options on land compensation. PMB and local authorities determine and ensure that compensation will be at replacement cost at the time of payment. Replacement land, and resettlement sites development. Institute of Energy - IE 5

67 No Type of loss Application Definition of entitled DPs Compensation Policy Implementation Issues foundations, substation and access roads etc. economically viable. Cash compensation for properties associated with land b. Land loss equal or more than 25% of their total landholdings: DP can opt for the followings: (i) Land for land with the same area and productive of impacted area if the remaining plots are still economic-viable and for the whole impacted plots if the remaining plots are not economic-viable. (ii) Cash for land at the replacement cost. Compensation for trees and affected fruit trees at the replacement cost. Rehabilitation assistance For PAP losing Residential and garden land: If remaining land is sufficient for reorganizing (more than 60 m 2 in the urban area and 100 m 2 in the rural area): Cash compensation for lost area and assets associated with land. If remaining land is not sufficient for reorganizing: DP can opt for DPs receiving compensation will demolish the impacted areas and reconstruct/or improve their houses themselves. Full compensation for trees and fruit trees to DPs at least 01 month before land clearance. If DP is requested for cutting affected trees, PMB will pay money for this work. DP has right for using salvageable trees. Full compensation for impacted house and allowances to DPs at least 05 months before land clearance. No award civil work contract before completion of compensation and reorganizing houses or relocation. Payment to DPs will be delivered by PMB and RCs Finance/ land available for compensation/ rehabilitation and well information disclose/ disseminate. PMB consult with DP who are eligible to rehabilitation for their options and prepare proposal for rehabilitation programs in the period of RP implementation. DPs will be granted with Land Use Right Certificate without payment of administrative fees. (i) cash compensation at replacement cost for Institute of Energy - IE 6

68 No Type of loss Application Definition of entitled DPs Compensation Policy Implementation Issues land and assets on land, or (ii) land for land compensation for the whole residential area which PAP occupied (not only for the impacted areas) and properties associated with occupied land. For affected house and building, the same entitlement to DP of categories 3 or 4 or 5. 7 DP impacted on business or other services All DPs impacted on business and other services -do- (a) Temporary impact on business or other services. Compensation for income lost in the affected time (b) Permanent impact on business or other services. Full compensation for incomes lost to DPs at least 01 month before land clearance. PMB consult with DP who are eligible to rehabilitation for their options and prepare proposal for rehabilitation programs in the period of RP implementation. Rehabilitation assistance. Institute of Energy - IE 7

69 Appendix3 Legal documents Institute of Energy - IE 8

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83 Appendix 4 Minutes of Community Meetings Institute of Energy - IE 22

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95 Appendix 5 Sample of Questionnaire Institute of Energy - IE 34

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117 Appendix 9 Photos Institute of Energy - IE 56

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