RESETTLEMENT PLAN RURAL ENERGY II PROJECT - ADDITIONAL FINANCING PHASE 1 - YEN BAI PROVINCE. Lai Hop Quoc. ELECTRICITY OF VIETNAt\1 PREPARED BY

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized ELECTRCTY OF VETNAt\1 NORTHERl~ POWER CORPORATON RURAL ENERGY PROJECT - ADDTONAL FNANCNG PHASE 1 - YEN BA PROVNCE RESETTLEMENT PLAN PREPARED BY ~~Es:::R JONT-STOCK COMPANY Lai Hop Quoc VNH YEN, OCTOBER 2009

2 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Table of Content **** '". -' Chapter 1: Chapter 2: Chapter 3: Chapter 4: Chapter 5: Page Summary 4-13 ntroduction 14 Project objective 14 Project!s scale 15 Policy framework 15 Principles and Objectives 15 Existing power supply management in project areas 16 Overall project description 17 nstitutional and legal framework 23 nstitutional framework 23 Legal Framework 27 Definition of eligibility and limitation to eligibility 33 Resettlement and compensation principles. 35 Eligibility to compensation entitlement. 37 Compensation policy '37 Entitlement policy 38 mpact categories 38 Entitlement 39 Mitigation measures 46 Mitigation measures 46 Measures to minimize land acquisition and losses 46 Result of mitigation measures 47 People's participation 49 Community meetings 49 Socio - economic surveys 49 Objectives of infonnation campaign and consultation 50 program Phase 1: nformation campagn, DPs and agency 50 consultation during resettlement planning and RP preparation Phase 2: information campaign and consultation during resettlement implementation 52 NPC NORTH POWER JONT-STOCK CO\1PANY 1

3 Rural energy Project - Additional Financing Phase 1 Yen Bai province Chapter 6: Chapter Chapter 8: Chapter 9: Chapter 10: Baseline information Data gathering activities Socio-economic screening Census and in ventory. Project impact Types of impacts Project imp-.hu11ljmm'-, mpact properties mplementation arrangement Measures for project implementation RD implementation and clearance deadline mplementation schedule Staffing for RP implementation Grievance and appeals Monitoring and supervision Costs and budgets. Budgets Compensation cost estimate Compensation unit price Cost estimation Total cost estimate for RP implementation Disclosure Tables Table Table Table Table Table 7.3.3a Table 7.3.3b Table Table Table Table 9.3.3a Table 9.3.3b Project components Project efficiency Total DPs Affected people classified by types Permanent land area acquisition Temporary land area acquisition Number of trees and crops affected Proposed staff numbers Unit price for permanent land Unit price for crops Unit price for trees NPC - NORTH POWER JONT-STOCK COMPANY 2

4 Rural energy Project - Additional Financing - Phase 1 Yen Bai province RP Resettlement Plan ~- Table 9.5.2a Table 9.5.2b Table Figure: Figure Figure 8.6 Annex: Annex 1 Annex 2 Annex 3 Annex 4 Annex 5 Annex 6 Annex 7 Annex 8 Annex 9 Total compensation costs of permanent land occupied Total compensation costs of crop and trees Total cost for RP implementation For RP implementation nstitutional Organization Chart Grievance redress administrative The map of project Entitlement Matrix Sample MV lines and substationlocation Sample of minutes of community meetings Sample of questionnaire Sample of Pamphlet Type of house (Vietnam Construction Standards) HHs affected by the project Policy framework Abbreviations CPC DMS DP(s) DPC EVN GOV HH OP 4.12 PC1 PPC RP ROW WB MV Commune People's Committee Detailed Measurement survey Displaced Person District people's Committee Electricity of Vietnam Government of Vietnam Household World Bank Operational Directive 4.12 Power Company 1 Provincial People's Committee Resettlement Plan Right of Way World Bank Medium Voltage ~- NPC NORTH POWER JONT-STOCK COfdPANY 3

5 Rural energy Project Additional Financing Phase 1 - Yen Bai province SUMMARY 1. GENERAL NTRODUCTON 1.1. Project's objective. The Second Rural energy project" of additional financing (hereinafter called "the RE Project) focus on rehabilitating and increasing the capacity of existing distribution lines and sub-stations and standardizing them to 35 and 22kV to meet growing demand on electricity more efficiently, provide better quality and quantity of electric power for production uses, and reduce power system loss. The Second Rural energy project of additional financing is carried out in 28 communes of 8 districts of Yen Bai province 1 District and City i Van Yen (05 Communes) Communes Vien San, Xuan Tam, Ngoi A; Mau Dong and. Yen Hung. i 2 Yen Binh (08 Communes) Cam Nhan, Vinh Kien, Bach Ha, Yen Binh, Vu Linh, Tan Nguyen, Thinh Hung and Xuan Long. 3 Luc Yen (04 Communes) Linh, Lieu Do, Dong Quan and Yen Thang. 4 Van Chan (01 Communes) Tran Phu town. 5 i Tran Yen (04 Communes) 6 Yen Bai City (04 Communes) 7 Tram Tau (02 Communes) 8! Mu Cang Chai (0 1 Communes). Gioi Phi en, Phuc Loc and Van Tien ---- Lang Nhi and Ta Xi Lang ~ Che Tao 1.2. Project's scale. 1. New construction km high voltage transmission lines, in which: 35 kv Line: km 10 kv Line: km 2. Construction of 51 new substations with total capacity of 4,590 kva, in which:: Substation 50KVA-35 /0.4 kv: 07 Stations Substation 75KVA-35 /0.4 kv: 15 Stations Substation 100KVA-35 /0.4 kv: 21 Stations Substation 160KVA-35 /0.4 kv: 05 Stations Substation 75KVA-0 /0.4 kv: 01 Stations ~ NPC NORTH POWER JONT-STOCK COi\lPANY

6 Rural energy Project Additional Financing - Phase 1 Yen Bai province Substation 100KVA-O / 0.4 kv: 02 Stations Policy framework This RP for sub-project under Power Company 1 is based on the Policy Framework for Compensation, Resettlement and Rehabilitation of the Displaced Persons (PLs see Appendix 2 - Policy Framework for Compensation, Resettlement and Rehabilitation of DPs).According to the Policy Framework, eligibility for compensation and rehabilitation entitlement includes all affected persons, households and institution with or without legal status on their assets included in the RP inventory prior to the RP cut -off date. By the actual RP implementation, Electricity of Yen Bai company/compensation and Resettlement Committees will organize the survey for the actual prevailing prices for the adjustment of the compensation u it prices, if necessary and the amount of compensation will be displayed at the Communes~ PCs offices. Principles and Objectives The principles outlined in the World Bank's Operational Policies 4.12 (OPBP 4.12) have been adopted in preparing this Policy Framework. This is the basis for the preparation ofthis RP. Apart from the direct compensation, all DPs who permanently loss more than 10% residential/productive land or other incomes are entitled to trainings or other restoration measures and who required to be resettled will be entitled to receive transportation allowance, subsistence allowance for relocating, restoration allowance, training allowance. However, in the Yen Bai's sub rural energy project, there is no DPs affected more than 10% assets or to be relocated. The cut-off date is on 13th April, Public dissemination of information of such cut-off date has been carried out prior to the socio-economic surveys and census covering the project areas by the competent local authorities. Existing power supply management in project areas., There are two models of management units: Yen Bai Power through its Power Branches directly sells electricity to HHs in town with regulated tariff. Commune People's Committee or commune' Committees-operative sells electricity to HHs with high tariff. Overall project description Currently, there are 73 transformer station totaling 8,09 L5kVA supplied capacity can only supply electricity to around households (103,590 NPC - NORTH POWER JONT-STOC({:()MP\NY 5

7 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province persons) of 28 communes belong to 08 districts, with high supplied radius, many transformer station has radius: 4Km, So that, electric quality is low and loss of electric is high. By the completion of the project, in project area installation of 51 transformer substations totaling 4,590kVA. Total 124 transformer substations 12,681.5 kva).then radius supplied electricity overloaded are reduced and loss of electric is also reduced. 2. nstitutional and legal framework nstitutional framework The overall responsibility for enforcement of the Policy Framework and for planning and implementing RPs rests with Power Company 1, Electricity of Yen Bai Company (as PMB), Provincial People's Committee and related institutions! departments (Provincial/district CRCs, Department of Finance, Department of ndustry, Department of Construction,... ) Power Company 1, Electric of Yen Bai Company, Electric construction and investment and investment consultation joint stock company are responsible for carrying out census, socio- economic surveys, population and inventories and preparing RP within their respective jurisdiction. The District and Commune People's committees will participate in the RP preparation and implementation. Legal Framework This RP has been prepared on the basis of the Project Policy Framework with all GOV policies and WB policies related to land acquisition, compensation and resettlement (OP 4.12) are applied for this RP. Where GOV and WB policies are not compatible, the WB's OP 4.12 shall prevail with certain _ required waivers. " 3. Entitlement policy This RP has been prepared on the basis of the OP 4.12 of the WB on involuntary resettlement adopted in the Policy Framework. The principle objective of the Policy Framework is to ensure that all DPs with be compensated for their losses at replacement cost and provided with rehabilitation measures to assist them to improve, or at least maintain their preproject living standards and income earning capacity. The Policy Framework lays down the principles and objectives, eligibility criteria of DP, entitlements, legal and institutional framework, modes of compensation and rehabilitation, people participation features, and grievances procedures that will guide compensation, resettlement and rehabilitation ofdp. NPC - NORTH POWER JONT-STOCK CO\1PANY. 6

8 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province RP Resettlement Plan Apart from the direct compensation, all DPs who permanently loss more than 10% residential/productive land or other incomes are entitled to trainings or other restoration measures and who required to be resettled will be entitle to receive transportation allowance, subsistence allowance for relocating, restoration allowance, training allowance. (see Appendix 3 for the Entitlement matrix) 4. Resettlement site Thanks to mitigation measures undertaken right from the initial design state through public consultation, close cooperation with various local authorities and related offices, the project impacts almost marginal There are no DPs with their fixed assets being acquired more than 10% oftheir total holdings, therefore, no DPs required to be relocated and the development of resettlement site is not required. 5. People's Participation The consultation with DPs in getting their feedback will limit contradiction and avoid delays in project implementation. The RP is developed in close consultation with local authorities and DPs in order to maximize their participation in resettlement planning and implementation and the SOCOeconomic benefits ofdps to the project. Local authorities and DPs were consulted through line alignments, drafts, resettlement policy, RP implementation, grievance mechanism and monitoring and evaluation on the restoration of DPs' livelihoods after the project implementation. 6. Baseline information 6.1 Data gathering activities - The census and inventory work of project impacts were carried during June, 2009 by Electric construction and investment and investment consultation joint stock company and under the assistance of the related local authorities. There are 1.17 % of households affected by the project in 28 communes belongs to 08 districts of Yen Bai province. Socio-economic surveys Socio-economic surveys have been carried out aiming at providing baseline data on the localities traversed by the T/Ls covering 28 communes belong to 08 districts of Yen Bai province. The survey data cover the information on the characteristics of the communities, their sources of income, revenue, socioeconomic situation. The surveys also aim at identifying the characteristics of the affected areas, assessing the development of population, houses, socioeconomic etc. NPC. ""ORTf-l POWER JONT-STOCK CO\i[PANY 7

9 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province The survey data are used for prepanng resettlement policy ad bases for evaluating restoration of living standards. Census and inventory Socio-economic surveys have been carried out aiming at providing baseline data on the localities traversed by the T /Ls covering 28 communes belong to 08 districts of Yen Bai province. The census and inventory show that: Number ofdps required to be resettled Number and area of house lost Area of residential plots lost Productive land lost as percentage of total productive 10ti11 Quantity of other fixed assets affected (various categories) Business lost including structure, land and other fixed assets mpacts on tenants who leased the house for residential purpose mpacts on sensitive area mpact on public works No No No No No No 6, "'0 No No The census and inventory show that the household characteristics: Average of family size 3.77 persons Man 48.5 % Women 51.5 % Age groups 1-17 yrs old 34 % yrs old 57 % About 60 yrs old 9% Head ofhh Male % Female % Education standard High school 1,0 % Secondary (10-12) 8,5 % Primary (6-9) 37% Elementary (1-5)_" 52 % lli terates % Occupation: DDs are mainly earnmg living by farming and small scale aquaculture/livestock breeding. ncome (annual average income) : 1,589,247VNDlPersoniyear NPC - NORTH POWER JONT-STOCK CO\:lpc\NY 8

10 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province 7. Project impact 7.1. Project impact people The DPs include the following persons to be identified by the baseline information collected for each RP: Persons whose houses are in part or in total affected ( temporarily or permanent) by the project Persons whose houses residential and premise and/or agriculture land is in part or in total affected (temporarily or permanent) by the project Persons whose crops (annual and perennial) and trees are affected are in part or in total ( temporarily or permanent) by the project Persons whose businesses (annual and perennial) and trees are affected are in part or in total ( temporarily or permanent) by the project Results of the socio-economic surveys and sensus show that: Total number.0fdps is 166HHs(882 persons), Of these: DPs with permanent acquisition of more than 10% of residential/productive land DPs with permanent acquisition of less than 10% productive land DPs with permanent /temporary affected structure DPs with totally/partially affected DPs with annual/perennial trees/crops affected in part or total DPs with business partly or totally affected DPs required to be relocated 7.2. Project impacted assets The project will impact on: No 166HHs(882 No No persons) 163/166HHs No No Permanent land acquisition for tower foundations, and some access roads for the project construction. Permanent impact on hoses, structures, trees, crops and other assets in the proposed tower foundation area and in the ROWs. Assets on the service roads. All trees and crops or other assets surrounding the tower foundation and ROWs Temporary acquired land required during construction of the project Results of socio-economic survey and inventory show that: Permanent impacts: Residential land Paddy land Garden land Total: 2 O.Om 1, m 2 7, m 2 2 9, m NPC - NORTH POWER JONT-STOCk CO\PANY 9

11 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Affected houses and structures Affected trees Temporary impacts: No 2,473 trees Residential land Paddy land Garden land Affected houses and structures Total: Affected trees 12,414 Trees Through consultation, DPs opted for cash compensation for their impacted No 11,945.5 m 2 m 2 59,310 m 2 assets at replacement costs for fixed assets and market rates for crops since the impact are marginal Mitigation measures Thank to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related offices, the project impacts are almost marginal. There are no DPs with their fixed assets being acquired more than more than 10% of their total holding, therefore, no DPs required to be relocated and the development of resettlement site is not required. 8. mplementation arrangement 8.1. mplementation schedule Right after the investment for the project is approved, DPs in the project affected areas will be reinformed of their right, RP policy including legal framework, eligibility provsons, entitlements, rates and mode of compensation! assistance, mplementation schedule and complaint and grievance rights mechanism. Such information will be delivered to DPs through community meetings, pamphlets etc. Proposed project implementation schedule: Ti~n dq cua PMB va CRC: + Establishment of Project CRC + RP preparation + Review and approvall clear ofrp by Yen Bai PC/WB + Negotiation (Government and WE) + Effectiveness No Quarter 1/201_ 0 Q V Q/2010 Q V/2010 Q 1/2010 Q / Commencement of public infonnation NPC NORTH POWER JONT-STOCK C01'vlPANY Q /

12 Rural energy Project Additional Financing - Phase 1 Yen Bai province + Commencement offield works (DMS) + Commencement of compensation payment Schedule for DPs + Commencement of declaration of quantity and status of properties + Commencement of receiving compensation and ground clearance Q /2010 Q /2010 Q 1/2010 Q Civil works Q l Q ll/ Monitoring Q l Q H2011 All RP activities must be satisfactorily completed before the WB issues a no objection for a ward orcontract for sub-project.any changes for the RP after WB approval will be required to review by the WB office in Hanoi before commencement of construction. The proposed implementation schedule has been held among the consultants, Power Company 1 and Electricity of Yen Bai company, taking into consideration the marginal impacts, without resettlement and possibility of parallel activities nstitution arrangements Power Company 1 assigned by EVN is responsible for all project activities as investment guidelines, investigation and design, project construction and monitoring of compensation and resettlement. Power Company 1 will directly guide the whole implementing proce$s of the project including RP implementation.power Company will be assisted by the related departments of districts and commu-nes.(pls see Figure 2.1.2: RP implementation organization chart) 8.3. Complaint and grievances During the project implementation, DPs' complaint and grievances will be adjusted by the Vietnamese laws and regulations. DPs raising complaint and grievance will be treated fairly and will be guided by the related agencies on the procedures and formalities for lodging their complaint and grievances of RP. They have paid no administration fees during their complaint and grievance time. There are four steps that DPs can complaint: Commune level, District level, Provincial level, district court Ps see Figure 8.6 for Grievance redress administrative and juridical structures available to DPs. NPC - NORTH POWER JOlNT-STGCK COMPANY 11

13 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province 8.4. Supervision, monitoring and evaluation RP implementation will be constantly supervised and internally monitored by the local PNB and ppe. Moreover, an independent external monitoring agency will be entrusted with independent monitoring task. Just after the RP implementation is approved, PMB will select and contract with the independent external monitoring agency to implement the monitoring activities right from the beginning ofrp implementation. Result of selecting independent external monitoring agency will be sent to WB for review. 9. Cost and budget tem Component Amount EVN 1 Preparation of RP and DMS 371,405, ,405,545- nitial stage (preparation of RP) 71,405,545 71,405,545 mplementation stage (DMS) 300,000, ,000,000 2 Compensation and rehabilitation 653,944, ,944,170 Permanent productive land acquisition 170,995, ,995,086 Compensation for trees /crops 482,949, ,949,084 3 Management cost 320,000, ,000,000 Management 220,000, ,000,000 Training, workshop and information campagn 100,000, ,000,000 4 Monitoring cost = 2,50% (1+2) 20,506,994 20,506,994 5 Contingency= 20% (1 +2) 205,069, ,069,943 Grand total ( ) 1,570,926,652 1,570,926,652 Notes: Estimate for RP implementation will be taken from the EVN fund reciprocal compensation for the MV system, including setting up the overall RP / EMDP and DMS, management and independent monitoring. ndependent monitoring unit set up to outline the technical and financial bids, the actual cost will be decided through the independent monitoring. NPC - NORTH POWER JOlNT-STOCK COMPANY 12

14 Rural energy Project Additional Financing Phase 1 - Yen Bai province 10. Disclosure Drafts of Policy Framework and Entitlement Matrix have been disclosed at the People's Committee of 17 communes belong to 08 districts of Yen Bai project areas. Draft of RP has been sent to the office of Provincial People's Committee and WB' VDC center in Hanoi, Vietnam. The final RP will be cleared by WB,EVN and approved by Yen Bai PPC. NPC - NORTH POWER JONTSFOCf-:: COlvPA0JY 13

15 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province 1.1. Project objective No S CHAPTER 1 - NTRODUCTON The rural distributed network power project's target is to: - Rehabilitation, upgrading, and expansion the rural power network 22kV, and 35kV in order to meet the power demand for socio-economic development in the rural area - mproving access to good quality and affordable electricity services, reducing power losses, lowering tariffs and improving the financial sustainability and management of power distribution. The Second Rural energy project of additional financing is carried out in 28 communes of 8 districts of Yen Bai province District and City Communes - Van Yen (OS Communes) Yen Binh (08 Communes) Luc Yen (04 Communes) Van Chan (01 Communes) Tran Yen (04 Communes) Yen Bai City (04 Communes) Vien San, Xuan Tam, Ngoi A, Mau Dong and Yen Hung. Cam Nhan, Vinh Kien, Bach Ha, Yen Binh, Vu Linh, Tan Nguyen, Thinh Hung and Xuan Long. Tan Linh, Lieu Do, Dong Quan and Yen. Thang. ~n. Minh Quan, Bao Hung, Nga Quan va Bao Thinh. Gioi Phi en, Phuc Loc and Van Tien Tram Tau (02 Communes) Lang Nhi and Ta Xi Lang - Mu Cang Chai (OComm ;) Che Tao 1.2. Project's scale New construction km high voltage transmission lines, in which: 35 kv Line: km 10 kv Line: km Construction of 51 new substations with total capacity of 4,S90 kva, which:: Substation 50KVA-35 /0.4 kv: 07 Stations Substation 75KV A-3 5 /0.4 kv: 15 Stations Substation 100KVA-3S /0.4 kv: 21 Stations Substation 160KVA-3S/ 0.4 kv: OS Stations Substation 7SKVA-0 /0.4 kv: 01 Stations NPC NORTH POWER JONT-STOC'J( CO;vlPANY 14

16 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Substation OOKVA- 0/0.4 kv: 02 Stations This Resettlement Plan is prepared to solve compensation for all losses related to the DPs affected by the Yen Bai Project by the developing of the rural distributed network power of Yen Bai province 1.3. Policy framework This resettlement policy framework prepared based on the OP 4.12 of the World Bank on involuntary resettlement (December, 2001) (PLs see Appendix 2 - Policy Framework for Compensation, Resettlement and Rehabilitation of DPs). The principle objective of this Policy Framework is to ensure that all DP will be compensated their losses at the replacement cost and provided with rehabilitation measures to assist them to improve or at least maintain their preproject living standards and income earning capacity. The Policy Framework lays down the principles and objectives, eligibility criteria of DP, entitlements, legal and institutional framework, modes of compensation and rehabilitation, people participation features, and grievances procedures that will guide compensation, resettlement and rehabilitation of DPs 1.4. Principles and Objectives The principles outlined in the World Bank's Operational Policies 4.12 (OP/BP 4.12) have been adopted in preparing this Policy Framework. n this regard, the following principles and objectives would be applied: Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (TL), surrounding areas of tower foundation, the substation areas, in the service roads under the projects as of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost should not bar the DP from entitlement to such rehabilitation measures. The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures; (ii)agriculturalland for land of equal productive capacity acceptable to the DP or in cash at replacement cost according to the DP's choice; (iii) replacement of residential/premise land or equal size acceptable to the DP or in cash at replacement cost according to DP's choice; and (iv) transfer and subsistence allowances. Replacement residential and agricultural land will be as nearby as possible to the land that was lost. and accentable to the DP. ~ ~ NPC - NORTH POWER JOlNT-STOCK COi'vPAN'{ 15

17 Rural energy Project - Additional Financing - Phase 1 Yen Bai province The resettlement transition period will be provided to the DP's pnor to the expected start-up of works at the respective project site. Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultant with the DP's, to ensure minimal disturbance. Entitlements will be provided by DP's prior to expected start-up of works at the respective project site. The previous level of community services and resources will be maintained or improved. Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required. nstitutional arrangements will ensure defective and timely design, planning, consultation and implementation ofrp. Effective and timely supervson, monitoring and evaluation of the implementation ofrp will be carried out. The entitlement will be provided to DP's prior to expected start-up of works at the respective project. This RP preparation has been carried out Electric construction and investment and investment consultation joint stock company in accordance with the provision of the Policy Framework with consultation and participation ofdp and local authorities. n order to ensure that the objectives of this RP are met, compensation unit prices established by provincial and districts CRC and approved by the Provincial People Committee (PPC) at rates warranting compensation at replacement market cosl..the Project management unit (PMU), provincial/districts CRC, PPC, and independent external monitoring agency are responsible to check and propose or the adjustment to PMB (if necessary) the compensation unit prices at the time of RP implementation to ensure the compensation unit prices at the time of RP implementation to ensure the compensation unit prices are at the replacement values. This RP has been agreed upon by the local relevant authorities and will be valid after EVN' sand WB' s approval 1.5. Existing power supply management in project areas There are two models of management units: Yen Bai Power through its Power Branches directly sells electricity to HHs in town with regulated tariff. Commune People's Committee or commune' Committees-operative sells electricity to HHs with high tariff. NPC - NORTH Po\VER JONT STOCK corvlpany 16

18 Rural energy Project - Additional Financing.- Phase 1 Yen Bai province RP Resettlement Plan The tariff it about VND/Kwh. This tariff is much higher than the regulated tariff Overall project description: Step-down transformer station: Capacity: 100kVA; 160kVA; 200kVA; 250kVA. Voltage level: 35/0,4kV,1010,4 KV Distribution line: Voltage level: 35kV, 10kV Height of tower: 12, 14, 16, 18m ROW: 8 m Tower foundation area: 4,8m Project components: Table Project components No High voltage Transformer station - Districtl transmission lines 35/0,4kV communes 35kV lokv (m) (m) kva kva kva kva Van Yen district 1 NgoiA Mau Dong Yen Hung 1, Vien Son Xuan Tam Yen Binh district 6 Cam Nhan Vinh Kien 1, Bach Ha 1, Yen Binh 1, Vu Linh Tan Nguyen 2 12 ThinhHung 1, 1 13 XuanLong 1,592 1 Luc Yen district 14 Tan Linh Lieu Do Dong Quan i! Transformer! station - 10/0,4kV kva kva 1 i NPC - NORTH POWER JONT-STOCK. CO,v!PANY 17

19 Rural energy Project - Additional Financing - Phase 1 Yen Bai province High voltage Transformer station - District! transmission lines 35/0,4kV No communes 35kV 10kV i (m) (m) kva kva kva. kva 17 Yen Thang V Van Chan district 18 Tran Phu town 1,635 V Yen Bai City! 2 Transformer station - 10/0,4kV kva kva Gioi Phien i 20! Van Tien 1, Phuc:Loc 1, V Tran Yen district 22 Minh Quan 1, BaoHung 2,180 1, 1 24 Nga Quan 100 1, Dao Thinh 1, Tram Tau V district 26 LangNhi 14, TaXi Lang 11, V Mu Cang Chai district 28 Che Tao 34, Total: 82, , i Project efficiency Currently, there are 73 transformer station totaling 8,091.5kVA supplied capacity can only supply electricity to around households (l03,590 persons) of 28 communes belong to 08 districts, with high supplied radius, many transformer station has radius: 4Km, So that, electric quality is low and loss of electric is high. By the completion of the project, in project area installation of 51 transformer substations totaling 4,590kVA. Total 124 transformer substations 12,681.5 kv A). Then radius supplied electricity overloaded are reduced and loss of electric i:? also reduced. i 1 1 i 2 NPC NORTH POVVER JONT-STOCK COMPANY 18

20 Rural energy Project - Additional Financing -.Phase 1 - Yen Bai province Table Project efficiency: No N b i um er Number District/ communes of i ofhhs people Van Yen district 1 NgoiA! i! i - Pre-Project Total transformer Total capacity 836 3,550 i MauDong 1,200 4,269, 4 3 Yen Hung 513 2, _... Vien Son 613 3, Xuan Tam 523 2, Yen Binh district! 6 Cam Nhan 988 4, ! 1,298 5, , Yen Binh 820 3,672, Vu Linh 1,436 6, Project completed - : Total Total transformer capacity! (KVA) (KVA) Tan Nguyen 589 2, Thinh Hung 1,098 4, Xuan Long 860 3, Luc Yen district 14 Tan Linh 1,502 6, Lieu Do 967 4, Dong Quan 1,1 8 5, Yen Thang 1,029 4, 'V L. Van Chan district 18 Tran Phu town 1,125 i 5, V Yen Bai City 19 Gioi Phien 816 2, Van Tien 88, 2, Phuc:Loc 634! 1, ,5 V Tran Yen district Minh Quan 1,053 4, Baa Hung 1,022 5, Nga Quan 560 1, i Dao Thinh 3 NPC - NORTH POWER JOlNT.-STOCK COV[PANY i '-~l , !

21 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province r---r , n-. -b--:'"! ---P-re~--P-ro-j-ec-t-- --'--P-r~o-je-c-t-co-m-pl~et-e-d----'i No District/ communes Number urn er t.. of lls of Total! Total 1 T~tal 1 Tot~lty! peop e ' i translormer capaci ;. transformer cap~clty: (KV A) (KV A), ~-~ ~---~~---~ ===r V Tram Tau district 2,150! i 26 LangNhi TaXi Lang 264 1, V Mu Cang Chai district i 28 1 Che Tao 274 i 1, _- '---- Total: -l.- 24,440.-J.. 103,590 -' , '--_.~_' Project impacts: a) Displaced persons (DP) Total number ofdps is 166 HHs (882 persons), of these: i ,5 : ' 1 DPs with permanent acquisition of more than 10% of residential/productive land No DPs with permanent acquisition ofless than 10% productive land: DPs with permanent /temporary affected structures DPs with totally/partially/affected structures DPs with annual/perennial trees/crops affected in part or total DPs with business partly or totally affected DPs required to be relocated bj Project impacted assets Permanent land acquisition Temporary land acquisition Permanent affected structures Temporary affected structures Permanent affected paddy area Permanent affected perennial trees Temporary affected paddy area Temporary affected garden area Mitigation measures 166 HHs (882 persons) No No HHs No No 9,335.08m 2 59,310m 2 No No 1, m 2 7,431.35m 2 11,945.5m 2 47,364.5m 2 ~onsultation and participation: The Electric construction and investment and investment consultation joint stock company survey teams have conducted discussions and consultations with the local authorities and local people on possible impact cause by the --~ ~ NPC - NORTH POWER JONT-STOC( COMPANY 20

22 Rural energy Project - Additional Financing - P'hase 1 - Yen Bai province Design stage.~ ~ ~.. - project, particularly the alignment of TL routes. The selected line route and DSSs location are the least impact option.. Substation location The substation is designed to location on the vacant land, low economic value or public land under the commune's administration. The survey and design should be avoid crossing to the markets, high density residential areas, villages and historical places. The substation is located nearby the roads, so the coming road is very short. Two plans are studied for putting the substation and the most utility is option. Select route The routine survey and design should be avoid crossing through markets, high density residential areas, villages, pagodas, and reserved nature... the TL should also not go parallel with the communication system petroleum and army stations. n order to mitigate the adverse impacts, the routine direction is selected in the ROW, along to the existing roads or crossing over the agricultural or garden land. The turning angles are applied, in some cases, the direction of turning angles may be The turning angles may be about 90, if needed. By this solution, the route will cross over the road some times for not impact on the houses or structures. The selected TL will not exceed 1 Km compares with the existing national roads. The new roads are limited to build, try to use the existing ones. The temporary roads will be mainly built in the ROW area. For component project, two or three plans will be studied for the routine location and the most utility plan will be optioned. During the time of studying TL route, Electric construction and investment and investment consultation joint stock company has carefully studied the instead solution on map as well as at site for choosing the best solution for applied. The high of aerially installed substations, the applicable distance between the pole foundations, and the dimension of the pole foundations have been carefully considered during the design stage. The average applicable distance between the poles is 120 m for MV system. The best are to erect the pole is the vacant land. The difference dimensions are applied for each kind of foundation at each choosing location. The dimensions may be 3m 2 for MV pole. ~onstruction stage: NPC - NORTH POWER JONT-STOCK COMPANY 21

23 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province The suitable measures and construction arrangement are to be thoroughly considered as the construction period will be implemented after the harvest collection, and ended before the following havest. To gain this target, some daily workings will be changed and planned in order to shorten the temporarily affected period. The camps of the workers will be located at the vacant site or at the public land nearby the commune steering board and will not be built near the residential areas. Appropriate workforces with working shifts will be scheduled to shorten the temporarily affected period. NPC NORTH POWER JONT-STOCK COMPANY 22

24 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province CHAPTER 2 : NSTTUTONAL AND LEGAL FRAMEWORK 2.1 nstitutional framework Overall responsibility The overall responsibility for enforcement of the Policy Framework and for planning and implementing this RP's rest with Power Company 1, Electricity of Yen Bai Company, Yen Bai PPC, and related institutions/ department of Finance, Department of ndustry, Department of Construction,.. ) Power Company 1, Electriccity of Yen Bai, Electric construction and investment and investment consultation joint stock company are responsible for carrying out census, socio-economic surveys, population and inventories and Preparing RP within their respective jurisdiction. The related District and commune people's Committee will participate in the RP preparation and implementation. These administrative units will also ensure the active and effective participation of the DPs in RP preparation and implementation. n order to have RP acceptable to the WB and to implement RP smoothly, PMB is responsible for (i) hiring qualified consultants in preparing RP, (ii) appointing qualified social safeguard staff at provincial PMB. and Yen Bai PPC Funds for implementing RP will be from EVN Detail responsibility a) EVN EVN is the owner of the project and responsible in managing and organizing of investigation, design, budget arrangement, funding and supervision for RP implementation. b) Project management board PMB is responsible for entirely implementation of RP, including impact survey, delivery of entitlements, carry out for the restoration program, redressed of complaints, internal monitoring. The main tasks ofpmb will be: Set out the master plan, management and monitoring of RP implementation. Responsible for organizing information dissemination/ disclosure, public meetings, disclosure RP to all relevant local authorities, Resettlement. Committees disseminate DMS and Entitlement forms to all DPs. Organizing/ Training the survey teams to carry out Detail Measurement Survey (DMS) and RP implementation for all levels of People's committees and relevant agences. Supervision/monitor for compensation payment, land acquisition and land clearance. Report the RP implementation progress and clearance work to WB and EVN. NPC - NORTH POWER JONT-STOCK COMPANY 23

25 Rural energy Project Additional Financing - Phase 1 - Yen Bai province c) Provincial People's Committee The project PPCs is responsible for endorsing the RP approved by Prime Minister as term in order to attending the project. The Yen Bai PPCs are also responsible for endorsing the RP approved subprojects and deciding compensation rehabilitaton of project such as compensation unit cost, support measilres for DPs. Approve the compensation uni't cost, allowances and establishing apprasmg committees, compensation committee's at all different administrative levels and approve lands for compensation. Clearly direct! demarcate the responsibilities for their relevant institutions in implementing RP Redress complaints and grievances. d) RP related provincial departments The CitylProvincial DOF is responsible for studying and issuing unit prices of compensation and submitting to PPCs for approval. Right from the initial stage of the RP implementation, the DOF will closely co-ordinate with DOCs, DCH, DARDs, Districts People's Committees and independent external monitoring agency in order to evaluate the applicable unit prices in RP and submit to PPC for approval and ensuring the compensation unit prices to be at the replacement value at the time of compensation payment. e) City/Provincial compensation / Resettlement committee The CitylProvincial CRCs are responsible for implementing RP according to the approvad schedule. The CitylProvincial CRCs will be headed by the Vice Chairman of the Provincial People's Committees. The Provincial CRCs are responsible for: Assisting PMB and Districts CRCs in preparing detailed plans for compensation and resettlement. Checking all inventory of impacts and detailed implementation plans submitted by Districts CRCs. Approval the implementation plans submit by the Districts CRCs. Solving complaints if the redressed is fail at the districts level. The City/ provincial CRCs will consist the representatives of: Department of Finance and Pricing Department of Construction Department of Natural Resources and Environment (Cadastral and Housing section) Chairmen of People's Committee of related districts. Representative of City/ Provincial PMB. j) Districts People's Committees The districts People's Committees are responsible for guiding the compensation and resettlement activities in their respective districts areas: NPC - NORTH POWER JONT-STOCK COMPANY 24

26 Rural energy Project - Additional Financing Phase 1 - Yen Bai province Direct the relevant institutional for carrying out impact survey; public consultation, information dissemination on the resettlement policy and RP implementation. Establishment of Districts CRCs. Responsible for settling complaints ofdps districts levels. g) Districts Compensation Resettlement Committees. The districts CRCs are principal institutions responsible for guiding the compensation of RP in their respective districts areas. The districts CRCs recruit experienced personed for gathering of base-line information and inventory. The Districts CRCs are responsible for: Organizing the survey team to carry out Detailed Measurement Survey (DMS) For affected houses and assets; finalize DMS and Entitlement forms for each DP. Checking the unit prices of compensation as applied in RP, suggest for adjusting the unit prices in conformation with market prices/ replacement costs (if required). n co-ordination with PMB, organize the meeting with DPs, communes, disseminate the RB,DMS and entitlement forms to DPs. Based on the policy and approved process in RP, Prepare the detailed implementation plan (quarterly, semi-annual, annual plans) and the together with PMB pay entitlements to DPs in a timely manner. Settling the complaint and grievances of DPs, solving any difficulties during the implementation period, and suggest the solutions for the outstanding issues to Provinciall City/ CRC. The Districts CRCs will be headed by the Vice Chairmen of the Districts /commune People's Committees. The Districts CRCs will consisted of the following representatives: Department of Finance and Pricing Department of Natural Resources and Environment (Cadastral and Housing Section) Department of ndustry Affected Communes DPs h) Commune People's Committees People's Committees of communes will be responsible for: Contributing to census and inventory surveys. n co-ordination with Districts CRC for public meeting, information dissemination, compensation / allowance payment to DPs. Transferring all feedback by DPs to Districts CRC and settle the complaint at the communal level. Suggesting of affected houses. Arange land in the case DPs require compensation by land for land. NPC - NORTH POWER JONT-SToeR COMPANY 25

27 Rural energy Project - Additional Financ ing - Phase 1 Yen Bai province Assisting local people in overcoming the difficulties during the constructin require, assist DPs in preparing of affected houses. Arrange land in the case DPs require compensation by land for land i) Displaced Persons (DPs) DPs are ready with their necessary RP related papers i.e LURe, ownership of other assets. DPs are ready with their necessary RP replated papersi.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. (Ps. See Figure for RP implementation nstitutional Organization Chart) Figure for RP implementation nstitutional Organization Chart: EVN t ;l>-) Provincial People's Committee District People's Committee Provincial Compensation Committee Project management board Commune People's Committee District Compensation Committee ndependent External Monitoring Agency DPs NPC NORTH POWER JONT-STOCK COMPANY 26

28 Rural energy Project Additional Financing - Phase 1 - Yen Bai province ~~-.~ Legal Framework The WE policy on nvoluntary Resettlement OP 4.12 and GOV Laws on Compensation and resettlement are applied Vietnamese laws Compensation and Resettlement The Key national laws, decrees, circulars governing land acquisition, compensation and resettlement consists of the following: Constitution of Vietnam (1992) confirms the right of citizens to own a house and protect the ownership ofthe house. The new 2003 Land Law on 10 December/2003 GOV Decree 1811/2004/ND-CP dt. 29 October 2004 om guidance of implementation of the new 2003 land Law GOV Decree No.l97/2004ND-CP dt.on 03, December, 2004 on the compensation, assistance and resettlement in case of land acquisition by the state GOY Decree No.188/2004/ND-CP dt.on 16, November,2004 on methodology for price verification and price framework of various types and categories of land. Circular No.1l4/2004/TT-BTC dt.on 26, November,2004 of the Ministry of Finance guiding the implementation of Decree No. 188/2004ND-CP GOY Decree 17//2006/ND-CP dt. 27/ on guidance of implementation of the new land Law.GOY Decree 84//2007ND-CP dt. 25 May 2007 on regulates the land management and land uses, land acquisition, implementation of land use, compensation, resettlement n detail, guilding of decrees, circulars ofthe following:. The 2003 Land Law (passed by the National Assembly on November 26, 2003) regulates the land management and land uses, with effective date of July,Ol, 2004,provides that: "the persons with land to be recovered shall be compensated with the assignment with new land of the same purposes; if having no land for compensation,shall be compensated with the land use right value at the time of issuance of the recovery decisions. The People's Committee of the provinces and centrally-run cities shall elaborate and excute resettlement project before the land recovery for compensations with dwelling houses, residential land for persons having residential land recovered and having to move their places of residence. The resettlement zones must have development conditions being equal to resettlement zones, the person having land recovered shall be compensated with money and given priority to purchase or lease dwelling houses under the State ownership, for urban areas; be compensated with residential land, for rural areas. n case of recovering land of households and/ or individuals, that are directly engaged in production, but having no land for compensation for continued production, apart from pecumary NPC NORTH POWER JOiNT-STOCK COiYfPANY 27

29 Rural energy Project Additional Financing - Phase - Yen Bai province compensations, the persons having land recovered shall be supported by the state to stabilize their lives, with training for change of their production and lor business lines, with the arrangement of new jobs (Article 42). tem 4 - Land Acquisition Art. 39 Regulates the land acquisition for the' purposes of national defense, security, national interests and public interests. Clause 2 of this Article clearly defined the public infor.(at least 3 month prior to agricultural land acquisition and 6 month non-agricultural land acquisition) on the reasons of land acquisition, timeschedule, resettlement plan, compensation/ground clearance master plan for land acquisition. Art.42 Regulates the compensation and resettlement of the people who have land being acquired: Clause... people, who have LURC of having sufficient conditions to have LURC shall be compensated for their acquired land... Clause 2... the acquired land shall be compensated with new land of similar using purpose; in case of lack of resettlement land, the compensation shall be equal to the value ofland use rights at the time ofland acquisition... Clause 3... Provincial People's Committees and Cities directly under the central government prepare and implement the resettlement plans prior to the land acquisition... The resettlement sites planed for various project in the same are and should have similar to or better development conditions than the old dwelling sites. n case of lack of resettlement sites:(i) in urban areas' DPs shall be compensated in cash and have the the priority to buy or rent the state-owned houses', and (ii) in rural areas '}n case the value of the resettlement site, DPs shall be compensated in cash for the differences '. Clause 4... in case DPs whose productive land being acquired and there is no productive land for 'land for land' compensation, apart from the cash compensation, DPs shall receive assistances for resettlement, training for new trades, employing in new trades. Clause 49, 50 define the conditions for issuance of LURC to the extend that (i) 'HH or individual who directly using the land for agricultural, forestry, aquaculture and salt production in the areas or islands and who have their residential registration and certification from their Communes People's Committee that they have, been using the land stably and without disputes are being issued with LURC and do not have pay for the land use', (ii) 'HH or individual who had been stably using the land before Cct. 15,1993 but without any led\gal papers and their Communes People's Committee certifies that their land is without disputes and apt to the approved local land use plan are being NPC - NORTH PO\VER JONT-STOCK CO!\{PANY 28

30 Rural energy Project - Additional Financing - Phase.l Yen Bai province issued with L URC and do not have to pay for the land use', (iii) 'HH and individual who had been stably using the land from Oct. 15,1993 till the effective of this Law, but without any legal papers and their Communes People's Committee certifies that their land is without disputes and apt to the approved local land use plan are being issued with LURC and do have to pay for the land use'. Clause 56: defines the State controlled Land Price:(i) the land price verification by the State should ensure the principles i.e 'close to the market and when there is large difference between the verified land use rights on the market, adjustment should be carried out, (ii) 'Government regulates the method of land price verification adjustment and dealing with differences of land prices at the borders of the provinces and cities directly under the central government', (iii) 'Land price defined by the People's Committees of the Provinces and cities directly under the central government is publicly announce on January 1 st every year... '. GOV Decree No.197/2004!ND-CP dt.03 December,2004 on the compensation,assistance and resettlement in case of land acquisition by the state. Art. 6 '... people who have land being acquired shall be compensated with land of similar land use purpose. f there is no land for compensation, cash compensation equal to land use right value at the time of land acquisition shall be applied. f there is any differences in value, in case of compensation by new land or house, such differences shall be settled in cash.' Art house and structures of domestic use of the households or individual shall be compensated with the value of construction of new house, structures of similar technical standard... ' Circular No TT-BTC dt. 07 December,2004 of the Ministry if Finance guiding the implementation of Decree No. 1 97/2004!ND-CP Decisions of Yen Bai Provincial People's Committee on the applicable unit prices for compensation. Priorities to Ethnic Minority Peoples Equality right of ethnic people was stipulated clearly in the Vietnam Law. Article 5 in the Vietnam Constitution (1992) stipulated as follows: The Socialist Republic of Vietnam is an united nation with many nationalities. The State implements an equality and united policy and supports spiritually all nationalities and prohibits race discrimination and separation. Each nationality has the right to use its own language and ways of living to presser their characteristics and to improve its own good tranditional and cultural customs. The State carries out NPC NORTH POWER JO[NT-STOCZ COMPANY 29

31 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province a policy to develop thoroughly and gradually improve the quality of life of ethnic minorities in Vietnam physically and spiritually \Vorid Bank policies The legal framework governing the implementation of this Policy Framework and the nventories and RP are OP 4.12 on nvoluntary Resettlement of the World Bank. nvoluntary resettlement (OP 4.12) The primary objective of the World Bank policy is to explore all alternatives to avoid or at least minimize involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should de restored or improved relative to those conditions that prevailed prior to the project. The policy applies to the taking of land and other assets when land acquisition results in the loss if shelter, the loss of all or part of productive assets, or access to them and loss of income sources or other means of livelihood. According to the OP 4.12 on involuntary resettlement, DPs shall be compensated and assisted in such a way as to warrant the improvement or at least the maintenance of pre-project living standard condition. Measures required to ensure that resettleme1t has a positive outcome include: Consulting with potential displaced persons on feasible measures for resettlement and rehabilitation; Providing DPs with options for resettlement and rehabilitation; Enabling their participation in planning and selecting these options; Providing compensation at full replacement cost for losses; Choosing relocation sites that at least guarantee the same benefits and services as the sites they replace; Providing allowances, training ans income support to assist in making a smooth transition; dentifying valnerble groups and providing special assistance to these groups and; Establishing an institutional and organizational structure that supports this process to a successful end. The Eligibility Criteria and Compensation defines that the DPs eligible for compensation include: Those who have formal legal rights to land or other assets; Those who initially do not have formal legal rights to land or other assets but have acclaim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certificates; upon the permission of local authorities to occupy or use the pr<?ject affected plots; and Those who have no recognizable legal right or claim to the land thy are occupying. NPC NORTH POWER JONT-STOCK COMPANY 30

32 Rural energy Project - Additional Financing - Phase 1. - Yen Bai province DPs whose houses are in part or in total affected (temporarily or permanently) by the project and whose houses are in part or in total affected (temporarily or permanently) by the project or whose residential and premise and lor agricultural land is in part or in total affected (temporarily or permanently) by the project are provided compensation for the land they lose, and other assistance as necessary to achieve the objectives set out in this policy, if they occupy the project area prior to the cut-off-date defined in this RP. DPs whose business are affected in part or in part or in total(temporarily or permanently)by the project are provided resettlement assistance and other supports as necessary to achieve the objectives set out in this policy, if they occupy the project area prior to the cut-off-date defined in this RP. Persons who encroach on the area~ after the cut-off-date defined in this RP are not entitled to compensation or any other form of resettlement assistance. The methodology to be used in the valuation of losses for this project is based on their replacement cost. n this project, losses comprise land, structures and other assets. Residential cost for land includes the value of land at market price plus the cost taxes and frees to get LURe. For houses and other structures, the market cost of the materials shall be used to calculate the replacement cost to build a replacement structure with an area and the quality should be at least as good as those affected. For both totally and partially affected structures, compensation includes market cost of material, plus the costs of materials transport, labor and contractor fees, and registration and transfer taxes. Depreciation of the asset and amount saved in material will not form apart of replacement cost Comparison of GOV and WB approaches There are a number of ways in which the approaches of the Vietnam Government-either in policy or practice-are compatible with World Bank guidelines. The most important compatibilities are: Vietnam has a process whereby most people without legal land rights may meet conditions of legalization and receive compensation for losses. Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two. Resettlement sites offer not only better improved infrastructure and services but represent a higher standard of living. NPC - NORTH POWER JONT-STOCK COi'vlPANY 31

33 Rural energy Project - Additional Financing - Phase - Yen Bai province Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal Differences between the approaches and measures that need to be addressed within the program also exist. However, in this context, procedures exist within national and city government that allow the granting of wavers of domestic law on specific projects that may be conflict with that of the funding agency. On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible. The Government has its own process in place whereby land occupied without legal documentation can be legalized; this land, however, is compensated for at a rate equal to 100% of land price minus the taxes and fee for land use right registration from 15 October 1993 (Clause 49,50 of Art 42 of the 2003 Land Law). Compensation at replacement cost is ensured in Art.6 of Decree 197/2004/ND-CP dt.03 Dec.,2004 that '... People who have land being required shall be compensated with land of similar land use purpose. f there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisition shall be applied. f there is any differences in value, in case of compensation by new land or house, such differences shall be settled in cash' and,art.19 of the same Decree that '... Houses and structures of domestic use of the household or individual shall be compensated with the value of construction of new house, structures of similar technical standard... ' Required waivers n order to meet the requirement of the World Bank OP 4.12 on nvoluntary Resettlement a number of articles in various Vietnamese laws and regulations which do not ensure compensation at the replacement cost or set eligibility provisions which do not extend the right to rehabilitation and or assistance to households without proper land papers, will be waived. The articles of law and regulations that will be waived are mentioned below. 0) Eligibility to compensation and or assistance Article 7 of the Decree 197/ND-CP (Cases where land is recovered without compensation) stipulates that any person whose land is recovered and who has not met one of the conditions of Article 8 of this Decree, or who has violated he plan, or who violates the protecting corridor work, or who illegally occupies land shall not receive compensation when the state recovers the land. n case of necessity, the Provincial People's Committee shall consider and decide on a case-by-case basis ~.~.. ~ NPC - NORTH POWER JONT-STOCK COMPANY 32

34 Rural energy Project - Additional Financing - Phase 1 Yen Bai province Article 18, 20 of the Decree 1971ND-CP stipulate that: Houses and structures on non-eligible-for-compensation land, which have not violated announced land use plans or the right of way shall be assisted at 80% of replacement. Houses and structures on non-eligible-for-compensation land but at the time of building violated announced land use plans or the right of way will not be assisted. f necessary, the PPC will consider on the case by case basis. Article 28, 29 of Decree 197: DPs losing more than 30% of productive land will be entitled to living stabilization and training! job creation assistance. To ensure that the objectives of this resettlement policy are met, a special decision of the Government waiving Article 7, 18, 19,20,28,29 of Decree 197 is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in thepolicy. Oi) Land price for compensation calculation According to the Vietnamese regulation, calculation the unit price for land compensation will be based on GOV Decrees 188/20041ND-CP, 197/20041ND CP will their Guidance (Circular No. 14/2004/TT-BTC and No.116/2004/TT BTC respectively) Decree 97/2004ND-CP dt.dec.03,2004 Article 7 This article state that's the Ministry of Finance is responsible for the establishment of anumber or overall new land price framework to submit to the Government for adjustment when prevailing price of transfer of land use rights in the market in respect of a number if all types/ categories of land listed in the land price framework continuously fluctuated (more than 60 days in many provinces, cities) that cause large differences in land prices (increasing from ~ 30% compare to min. Price attached to this Decree). Article 9 This article states that land price for the compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the provincial People's committee inline with the Government regulation ( within the GOV's range of minimum and mawimun prices). Decree 88/2004ND-CP dt.nov.l6,2004. ThisDecree promulgate the methodologies to define land price and,at the same time, set forth the land price framework (min. and max. unit price for various types of land) throughout the country. NPC - NORTH POWER JONT STOCK COTvlPANY 33

35 Rural energy Project - Additional Financing - Phase 1 Yen Bai province Article 2 This Article states that the land price shall be defined by the Provincial People's committee and 1 or cities directly under the central government. To ensure that the objectives of the resettlement policy are met, unit price for land compensation established by the Project Provincial! city People's committees will be adjusted to meet the replacement cost. The compensation unit prices established by the provincial 1 districts CRCs' provincialdofs, DOCs and approved by the provincial People's committee may be adjusted to meet the replacement costs, by the time of compensation, to ensure the objectives of the RP policy are met. iii) Assistance policy for DPs who rent houses from the Government. Decree 197/2004/ND-CP dt.dec Article 21 This article states that DPs who rent government houses and has' to be relocated by self- relocation shall be assisted in cash at a rate to 60% of the cost of the currently rented house and 60% of the cost of the land value, in cases of no resettlement houses to be arranged for them. iv)assistance,p-olicy for rehabilitation Decree 197/2004/ND-CP dt. Dec.03,2004 Article 28 This article states that DPs who directly do the agricltural production having agricultural land being acquired more 30% shall receive rehabilitation assistance (cash value of 30 kg of average rice in the location per head) for 3 months (if relocation is not required) 6 months (if relocation is required) and 12 month (if moving to the areas of specially difficult socio-economic conditions). v) Commitment of Vietnam GOV Decree 131/2006/ND-CP dt.9/november/2006 on guiding management ada (modified Decree 19/2001fND-CP dt.4/may12001 and Decree 197/2004/ND CP dt.31december/2004 Article 2 of Decree 188/2004/ND-CP, and any other laws or regulations which contradict this Project Resettlement Policy. The tem 2.5, Article2 of GOV Decree fND-CP dt.09/november on guiding the ada management stipulates that "in the case of the international agreement on ada have been signed between GOV and sponsor stipulates other contents, the international agreements will prevail". The tem 2, Article 1 of GOV Decree 19/2001/ND-CP NPC - NORTH Po\VER JONT-STOCK COMPANY 34

36 Rural energy Project - Additional Financing - Phase 1 -.Yen Bai province stipulates clearly that "in the case of the international agreement on ODA have been signed between GOY and sponsor stipulates other agreements will prevail". contents, the international The waivers will be approved by GOY in the decision of project investment before negotiation. The Project Provincial People committees will issue the official letter for their agreement implementing the policies set forth in RP. 2.3 Definition of eligibility and limitation to eligibility Dps are all individual, firms or institution with or without land registration papers that owned, rented, or used land, properties and business, which are affected by the project. All DPs will be entitled to full compensation for their respective losses as long as they are include in the RP inventory list or can prove that they owned the affected items before the cut - off date. The same applies to DPs whose incomes are affected by the project. The subproject surveys have been carried out; the sub-project issues have been communicated to the people in the project related localities along with community participation; and TL routes have been approved by the local authorities. t is agreed between the local authorities and the EVN's PMB that the cut-off date shall be 15th November, the cut off date is officially declared by the competent local authorities. Encroachers who settled in to the proposed affected area after the cut off date will have no entitlement to compensation and resettlement. they will be required to the demolish their structure and cut the trees or harvest their crops for land clearances to the project. n case necessary, they will be forced to be removed out the proposed project area. Nevertheless, they do not have to pay any fine or sanction. The cut -off date and the provision of " no compensation for encroachers" has been clearly declared in in the community meetings and printed in the pamphlets 2.4 Resettlement and compensation principles. The principles outlined in the World Bank's Particularly OP 4.12 have been adopted in preparing this policy framework. n this regard, the following principles and objective would be applied. a) Acquisition of land and other assets, and resettlement of people will be minimize as much as possible. b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (TL), surrounding area of tower foundation, NPC - NORTH POWER JONT-STOCK COi\:[PANY 35

37 Rural energy Project - Additional Financing Phase 1 - Yen Bai province the substation areas, in the service roads under the projects of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve ot at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost should not bar the DP from entitlement to such rehabilitation measures. c) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other tructures; (ii) agricultural land for land of equal productive capacity acceptable to the DP or in cash at replacement cost according to DP's choice; (iii) replacement of residential! premise land or equal size acceptable to the DP or in cash at replacement cost according to DP's choice; and (iv) transfer and subsistence allowances. d) Replacement residential and agricultural will be as nearby as possible to the land that was lost and acceptable to the DP. e) The replacement transition period will be minimized and the rehabilitation means will be provided to the DP's prior to the expected start-up date of work in the respective project site. ) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultant with the DP's, to ensure minimal disturbance. Entitlement will be provided by DP's prior to expected start - up of work at the respective project site g) The previous level of community services and resources will be maintained or ir,nproved h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required. i) nstitutional arrangements will ensure defective and timely design, planning, consultation and implementation ofrp. j) Effective and timely supervision, monitoring and evaluation of the implementation ofrp will be carried out. 2.5 Eligibility to compensation entitlement. The DPs eligible for compensation will include: those who have formal legal rights to land or other assets; those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws; upon the possession of documents such as land tax receipts and residence certificates; or upon the permission of local authorities to occupy or use the project affected plots; and NPC - NORTH POWER JONT-STOCK COMPANY 36

38 Rural energy Project - Additional Financing - Phase 1 Yen Bai province those who have no recognizable legal right or claim to the land they are occupying-if they occupy area prior to the cut off date define in the RP The DPs are identified by the baseline information collected for RP: Persons whose houses are in part or in total affected (temporary or permanent) by the project Persons whose residential and premise and/or agricultural land is in part or in total affected (temporary or permanent) by the project Persons whose crops ( annual and pererial) and trees are affected in part or in total by the Project. Persons whose businesses are affected in part or in total (temporary or permanent) by the project 2.6 Compensation policy Compensation for crops will be provided at market price. Compensation of land, house, buildings, trees, and other assets will be provided at the replacement cost. Compensation for land losses: * Compensation for productive land losses ( less than 10% of total land DPs' landholding) will be provided at replacement cost for the equivalent area and all other losses will be provided in cash. * Compensation for productive land losses ( more than 10% of total DPs landholding) wi! be provided in terms of land for land at the equivalent area and quality of land acquired by the project of in cash at replacement cost according to DPs' option. Compensation for land, houses, structures, or trees will be provided in cash at the replacement cost. Compensation for crops will provided in cash at the current market rates calculated on the productive average of the last three years ( according to Circular 145 ofmof). Compensation price in this RP are tariffs established by the DOFs of the project related city / provinces and approved by their city/provincial; people Committee baced on he Decree 188/20041ND-CP and MOF Circular 114/2004/TT-BTC Since the time from RP preparation to time of project implementation may be long at the implementation time, such prices may not correspond of replacement rates. Therefore, all applied prices will be checked again at the beginning of Rp implementation and adjusted if necessary. The Detailed Measurement Survey (DMS) will be also carried ot by Resettlement committees at the beginning of project implementation. The evaluation of unit NPC - NORTH POWER JONT-STOCK CO~tPANY 37

39 Rural energy Project" Additional Financing" Phase 1 - Yen Bai province prices at the implementation time will be done by independent monitoring agency, provincial DOF. This activity will later be required in TOR for independent monitoring NPC NORTH POWER JONT-STOCK COMPANY 38

40 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province 3.1. mpact categories CHAPTER 3: ENTTLEMENT POLCY By the nature of the project impacts as described above and based on the survey of the DPs, the impacted categories could be classified as bellow: Temporary impact within ROW All DPs who have productive land, crops, trees, or structures, in the ROW of TL, surrounding areas of pole foundations, in the temporary service roads, which are temporarily affected only the construction period. Category 1: DP who has trees, crops, which are damaged by the project during construction period due to construction of temporary access road or conductor stringing. Category 2: DP who has residential, garden, productive lands, which are temporarily acquired during the projecfthe project construction period Permanent impact. All the DP who owned lands and properties on it, which will be permanently acquired for the pole foundations, the substation areas, the permanent access roads for construction and maintenance of the project. All Dps who have houses, other structures, or high trees in ROW, which need to be removed, demolished or cut. Category 3: DP who has houses / structures, which are partially damaged or cut and the damaged portion or structure, ( the dismantled areas :s 10% of total areas), and the lost house /structure portion could be rebuilt in adjacent areas already owned by thedp. mpact on cleared residential landing ROW could be temporary as it couldbe reused for restricted purposes. Category 4: DPs who has houses, which are partially or totally damaged and the damaged portion will affected to the safety or using purpose of the entire house or structure ( the dismantled areas are more than 10 % of the total areas or even less than 10 % of the total area, but the remaining area can not be used or inconvenient for using), so the house need to be totally removed and rebuilt in remaining adjacent areas already owned by the DPs. mpacts on cleared residential areas will be temporary as it can be reused for restricted purposes. Category 5: DPs who have house, which are partially or totally damaged and the damaged portion will affects to the safety or using purpose of the entire house or structure, so the house/structure need to be totally removed and rebuilt. But DPs do not have sufficient spare residential land for the reconstruction of a house of equal dimensions as the house lost. The threshold of sufficient residential lad is at 100m 2 for rural areas. NPC - NORTH POWER JONT-STOCK COMPANY 39

41 Rural energy Project Additional Financing - Phase 1 Yen Bai province Categorv 6: DPs who have residential land, productive land which will be acquired permanently for the project, including for permanent roads construction and maintenance of the project. Acquired productive land areas is more than 10% of total productive land DPs' holding. Acquired productive land areas is less than 10% of total productive land DPs' holding. The remaining residential - garden land areas is less than 100 m2 ( in rural area). The remaining residential - garden land areas is equal more than 100 m2 ( in rural area). Category 7: DP impacted permanently or temporarily on business or other servces. Category 8: mpacts on public works i.e. shools, water supply resources, sewage systems, roads, Entitlement Eligibility and Limitation to Eligibility DPs are all individuals, firms or institution with or without land registration papers who owned, rented, or used land, properties and business, which are affected by the project. All DPs will be entitled to full compensation for their respective losses as long as they are included in the RP inventory list or can prove that they owned the affected items before the cut-off date. The same applies to DPs whose incomes are affected by the project. The sub-project surveys have been carried out; the sub-project issues have been communicated to the people in the project related localities along with community participation; and TL routes have been approved by the local authorities. t is agreed between the local authorities and the EVN's PMB that the cut-off date shall be 10 th November, 2006.The cut- off date is officially declared by the competent local authorities. 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. n case necessary, they will be forced to be removed out the proposed project area. Nevertheless, they do not have to pay any fine or sanction. The cut-off date and the provision of 'no compensation -~ ~ NPC - NORTH POWER JONT-STOCK COMPANY 40

42 Rural energy Project - Additional Financing - Phase 1 - Yeo Bai province for encroachers' has been clearly declared in the community meetings and printed in the pamphlets Eligibility to compensation entitlement. The DP eligible for compensation will include: those who have formal legal rights to land or other assets; those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws; upon the possession of documents such as land tax receipts and residence certificates; or upon the permission of local authorities to occupy or use the project affected plots; and those who have no recognizable legal right or claim to the land they are occupying-if they occupy area prior to the cut off date define in the RP The DPs are identified by the baseline information collected for RP: Persons whose houses are in part or in total affected (temporary or permanent) by the project Persons whose residential and premise and/or agricultural land is in part or in total affected (temporary or permanent) by the project Persons whose crops (annual and pererial) and trees are affected in part or in total by the Project. Persons whose businesses are affected in part or in total (temporary or permanent) by the project Resettlement and compensation principles. The principles outlined in the World Bank's OP 4.12 have been adopted in preparing this Policy Framework. n this regard, the following principles and objectives would be applied: Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. All DP's residing, working, doing business or cultivating land in right of way ( ROW) of transmission line (TL), surrounding area of tower foundation, the substation areas, in the service roads under the projects of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve ot at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost should not bar the DP from entitlement to such rehabilitation measures. The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other tructures; Oi) agricultural land for land of equal productive capacity acceptable to NPC - NORTH POWER JONT-STOCK COMPANY 41

43 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province the DP or in cash at replacement cost according to DP's choice; (iii) replacement of residentiall premise land or equal size acceptable to the DP or in cash at replacement cost according to DP's choice; and (iv) transfer and subsistence allowances. Replacement residential and agricultural will be as nearby as possible to the land that was lost and acceptable to the DP. The replacement transition period will be minimized and the rehabilitation means will be provided to the DP's prior to the expected start-up date of work in the respective Project site. Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultant with the DP's, to ensure minimal disturbance. Entitlement will be provided by DP's prior to expected start - up of work at the respective project site. The previous level of community services and resources will be maintained or improved Financial and physical resourcesfor resettlement and rehabilitation will bemade available and as when required. nstitutional arrangement will ensure defective and timely design, planning, consultation and implementation ofrp. Effective and timely supervson, monitoring and evaluation of the implementation ofrp will be carried out Compensation policy Compensation for crops will be provided at market price. Compensation of land, house, buildings, trees, and other assets will be provided at the replacement cost. Compensation for land losses: Compensation for productive land losses ( less than 10% of total land DPs' landholding) will be provided at replacement cost for the equivalent area and all other losses will be provided in cash. Compensation for productive land losses ( more than 10% of total DPs landholding) wil be provided in terms of land for land at the equivalent area and quality of land acquired by the project of in cash at replacement cost according to DPs' options. Compensation for land, houses, structures, or trees will be provided in cash at the replacement cost. Compensation for crops wi! provided in cash at the current market ratescalculated on the productive average of the last three years ( according to Circular 145 ofmof). NPC - NORTH POWER JONT-STOCK COMPANY 42

44 Rural energy Project Additional Financing - Phase 1 - Yen Bai province Compensation price in this RP are tariffs established by the DOFs of the project related city / provinces and approved by their city/provincial; people Committee baced on he Decree 188/2004ND-CP and MOF Circular 114/2004/TT BTC. Since the time frome RP preparation to time of project implementation may be long at the implementation time, such prices may not correspond of replacement rates. Therefore, all applied prices will be checkedagain at the beginning of Rp implementation and adjusted if necessary. The Detailed Measurement Survey (DMS) will be also carried ot by Resettlement committees at the beginning of project implementation. The evaluation of unit prices at the implementation time will be done by independent monitoring agency, provincial DOF. This activity will later be required in TOR for ndependent Monitoring Compensation Entitlement by Categories Entitlement ---l-~---r:-c-a-s-h-c-o-m-p-en-s-a-ti-o-n-d-o-r-a-ffi-e-c-te-d-t-r-ee-s, crops at replacement cost plus cost i. for cutting trees, crop at market price. No compensation for land. Reinstate land after the project construction ~ 2. Cash compensation for affected trees, crops at replacement cost plus cost for cutting trees, crop at market price. No compensation for land. Reinstate land after the project construction J 3 The damaged houses/structure will be compensated cash at full i replacement cost The damaged land will be compensated in cash at full replacement cost No deduction for depreciation and salvage materials 4 DP can opt for: 'land for land: the provision of the replacement residential land ( house site and garden) of the equivalent size, satisfactory to the DP or cash compensation reflecting full replacement cost according todp's choice, and Cach compensation reflecting full replacement cost of the house /structures No deduction for depreciation and salvage materials 5 DP losing productive land NPC - NORTH POWER JONT-STOCK corvtpany 43

45 Rural energy Project Additional Financing Phase 1 - Yen Bai province Land loss::':;; 10% of their total landholdings Cash compensation for the lost area if the remammg plot is still economically viable. Cash compensation for the whole impscted plot if the remaing plot is not economically viable Cash compensation for properties associated with land Land loss ~10% of their total landholdings DP can opt for the following: '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 remaining plots are not economic - viable. Cash for land at the replacement cost. Compensation for trees and affected fruit trees at the replacement cost. Rehabilitation assistance DP losing residential and garden land f remaining land is sufficient for reorganizing (more than 60m2 in the urban area and 100 m2 in the rural area): cash compensation for lost area and assets associated with land. f remaining land is not sufficient for reorganizing: DP can opt. for: cash compensation at replacement cost for land and assets on land 'land for land' compensation for the whole residential area which DP o,ccupied ( not only for the impact areas) and properties associated with occupied land. For affected house and building, the same entitlement to DP of categories 3 or 40r ~ 6 Temporary impact Compensation for income lost during the affected period Permanent impact: Provision of alternative business site of equal size and accessibility to customers and satisfactory to DP. Cash compensation for lost business structure reflecting full replacement cost for the structures without depreciation Cash compensation for th~ lost of income during the transition period. ~------~ ! The community infrastructures shall be restored at no cost to the community Allowance and assistances NPC NORTH POWER JONT-STOCK COMPANY 44

46 Rural energy Project - Additional Financing - Phase 1 Yen Bai province Transportation allowance Art.27 of Decree 197/2004ND-CP: All relocating DPs are entitled in one time: Dps relocating within the province /city DPs relocating out of the province max.3,ooo,ooo VND (per household) Max 5,000,000VND (per household) Relocating DPs ( while waiting for the establishment of new resettlement) residences at resettlement sites Relocation subsidy To be provided with temporary residence, or To be provided with temporary rent cost Art.28 of Decree ND-CP: All relocating DPs * are entitled in one time: DPs relocating with the province Cash( equivalent to 30 kg of rice per month x3 months) per family member Dps relocating out of the province Cash (equivalent to 30 kg of rice per month x3 months) per family member Dps who ar in a severe socio-economic. Difficulties or who relocating to areas of socio-economic difficulties. Cash (equivalent to 30 kg of rice per month x3 months) per family member Restoration allowance Dps who have more than 10% of productive land or incomes permanently affected are entitled to trainings And Other restoration allowance to 3,000,OOOVND (per household) *** be decided by the Provincial People's Committee with the financial resource from the person who is going to use the acquired land (Ps see Appendix 2 for Entitlement Matrix and Appendix 10 for Details of Entitlement of DP) Voluntary donation Results from the socio-economic surveys and community meetings so that the efficiency improvement of RD project is whole-heartedly welcomed by the communities. There are many DPs who would be marginally affected on their residential/productive land and other would like to contribute their affected trees, crops, fences land and other assets to the project in lieu of cash contribution. The procedure for determining documenting the voluntary nature of the contribution are as follows: NPC NORTH POWER JONT-STOCK COMPANY 45

47 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Step : Local authorities clearly infonn to all DP about this project resettlement policy, and the actual entitlement to compensation. Step 2: Volunteer: DPs sign in the DMS and entitlement fonns for the affected assets and asset (s), which they choose to contribute for the project, and these fonns will be filled in Provincial-Districts Compensation Committee's offices. Step 3: A sample of about 20 % of volunteer households will be checked by independent external monitoring agencies at the initial time ofrp implementation and reports of independent external monitors on this matter will be submitted to DA for its concurrence. 1 Art 28 of Decree 197/2004ND-CP defines that this subsidy is applicable to DPs who lost morethan 30 % of their agricultural land only. However, in line with this RP policy Framework, this kind of subsidy is applicable to all DPs who required to be relocated. 2 Art 29 Decree 197/2004ND-CP defines that DPs who loat more than 30% of their agricultural land will be assisted for changes of occupation ( level of assistance will be decided by the provincial People's Committee). However, in line with the RP Policy Framework for RE2 subprojects, the restoration allowance remains in conformation with the on going RE2 subproject throughout Vietnam. 3 The amount of (VND/main labor is delivered directly to training or TA institutions/consultants and VND for trainee as a subsidy allowance in training time ( total is VND per trainee). For the sake of cost estimates, each household isestimated at having 2 main labors. NPC. NORTH POWER JONT STOCK COMPANY 46

48 t, Rural energy Project - Additional Financing - Phase - Yen Bai province RP - Resettlement Pian CHAPTER 4 : MTGATON lvleasures 4.1 Mitigation measures Thanks to mitigation measures undertaken right from the initial design state through public consultation, close cooperation with various local authorities and related offices, the project impact almost marginal. There are no Dos with their fixed assets being acquired more than 10% of their total holdings, therefore, no DPs required to be relocated and the development of resettlement site is not required. All individual, households or institutions (DPs) who are impacted temporarily or permanently by the project are wormers of land and properties, land and house renters in ROW of TL, in proposed areas for tower foundation and temporary service roads. 4.2 Measures to minimize land acquisition and losses Consultation and participation During the project preparation, Electric Construction and nvestment Consultation Joint Stock Company has conducted detailed survey on the project impacts. The survey teams have also conducted discussions and consultations with local authorities and local people on possible impacts caused by the project, particularly the alignment of TL routes etc. so as the selected line route and and DSSs locations are the least impact option The proposed layout of TL routes are also displayed and discussed again the RP community meetings. The draft layout of routes have been communicated by Power, Company 1 to the relevant bodies i.e provincial, district and communes People's Committees, Dept of Natural Resources and Environment, Provincial, district and commune cadastral services etc, for comments and public display. The valuable feedback of local authorities and DPs were taken in to account for design Bi~n phap gioi h~n snh huo-ng trong giai do~n thi~t k~ Distribution substation The pole are aerially installed on the TL support poles at the average height of 7 m and it also means that such station share the support pole foundation with the TL. Route selection The project impact mitigation measures have been scrutinized during the design stage, particularly for the route selection. Appropriate route would reduce the project cost and adverse impacts on the local communities and environment The following principles were followed: NPC - NORTH POWER JONT-STOCK. COlVPANY 47

49 ( Rural energy Project - Additional Financing - Phase 1 Yen Bai province The routes selected are shorted possible with possible with DSS locations of optimal. Such routes are close to public roads to avoid land acquisition for access roads and minimize cost during construction, operation and maintenance. The TL should avoid traversing or running close to the important projects (i.e gasoline, explosive storages, rado station), sensitive location (i.e historic and cultural assets) protected forests and areas with high trees. Stop sides and turning are also avoid to reduce leveling and also avoided to reduce leveling and angle towers. During the mapping of the routes, Power Company and Electric Construction and nvestment Consultation Joint Stock Company hav thoroughly studied different alternatives on map and at sites to select the optimal ones. To avoid impacts, certain changes in direction of the routes and the large turning angles of the routes are applied ie the turning direction angles in certain cases up to 35 _85, even in the case necessary; such angle may reach around 90. With solution, the routes have to pass through the road in several places to avoid impacts to to house/ structures. Technical solutions The applicable average tower distance is 120 m for the MY system. Pole sites shall be located on empty land. Applicable of different dimensions for pole foundation to be suitable to their function and the selected locations. Area of foundation size will be varying from 3 m2 management for MY pole. Canals and existing public roads are used for temporary servie/transport and no temporary service roads are required to be built mpact mit.igation measures in construction stage During the detail technical design, Power Company 1 and Electric Construction and nvestment Consultation Joint Stock Company would reinvestigated the routes and made certain modification, if necessary, for optimal results. Suitable measures and optimum arrangements for the project construction are considered i. e construction would be carried out right the harvest of crops and terminated before the next sowing. To achieve such target, apt workforces, with working shifts should be scheduled to shorten the temporarily affected period. The construction camps for works in the construction period shall be located on the bare of public near by headquarters of communes. The camps shall not to be built in populated areas 4.3 Result of mitigation measures mpact on land: Area (m 2 ) % total owned land NPC NORTH POWER JONT-STOCK COMPANY 48

50 Rural energy Project - Additional Financing - Phase 1 - Yen Bai.province - Permanent impact on residential land No No - Temporary impact on residential land No No - Permanent impact on productive land 9, Temporary impact on residential land 59, mpact on house /structure: - Total affected houses /structure - Partial affected houses /structure Other impact: - Affected business - mpact on natural preserving zones, sensitive areas - mpact on tenants who leased house for res~dential purpose - mpact on ethnic minorities DPs: - Total DPs with more than 10% of productive land affected - Total DPs with more tha 10% of residential land affected - DPs required to be relocated No No No No No Yes HHs Person No No No No No No DPs opted for cash compensation for their certain impacted assets at the replacement costs. There are many DPs who would be marginally affected on garden, residential land and other assets volunteer to contribute their affected trees, crops, fences etc. of in significant values for the project construction. Thanks to mitigation measures through public consultation from the initial stage and design stage of the project, the socio-economic surveys show that there no DPs whose fixed asses being acquired more than 10% of their total holding and not required to be relocated; therefore, development of resettlement site is not required. NPC - NORTH POWER JONT-STOCJ..:. COl\1PANY 49

51 Rural energy Project - Additional Financing - Phase - Yen Bai province CHAPTER 5: PEOPLE'S PARTCPATON 5.1 Community meetings During the project preparation ( along with RP preparation)~ Electric of Yen Bai and Electric Construction and nvestment Consultation Joint Stock Company have held many community meetings at the commune level in project areas with the participation of DPs and representatives of Commune People's Committees, other government offices and communes NGOs (women Union, Youth Union, Pea pant Association, Fatherland Fronts, War veteran etc... ) where the project related issued i.e. project investment financial resources, project objective, project components etc. are explained by Electric of Yen Bai Company representative. The proposed layouts of TL routes are also displayed in the meetings along with discussing and consultation with the local authorities and local people on possible impacts caused by the project, project site selection, alignment of routes etc, so as the proposed selected line route and substation are the least impact option. n the community meeting, DP's queries RP related issues i.e entitlements, compensation etc are explained by Electric of Yen Bai Company representative and DPs' option, including voluntary donation of their marginal impacts on trees, crops, bamboo fences etc of insignificant values were recorded. The prevailing opinion ofdps in the project areas: The extension of the power supply networks are welcomed by all DPs, particularly people who have not yet enjoy the power supply and who are having the power supply but with too low service quality DPs would like to be compensated at replacement cost for their assets losses and market price for their temporarily affected crops. DPs would like to be informed of the actual project implementation time well in advance so as to prepare themselves for the ground clearance. (PLs see Appendix 4 for Sample ofminutes of community meetings) schedule 5.2 Socio - economic surveys PNrn and Power and ndustrial Engineering Consulting Joint-stock Company have carried out the social economic surveys by direct interviews and fill - in the" Questionnaires) covering 20% ofdps in the project areas. ( Pis see Appendix 5 for Sample of Questionnaires) The survey teams have also distributed the Pamphlets of Q&A on RP related issues illustrations with measurements of ROW and electricity related accident. NPC - NORTH POWER JONT STOCK COl\PANY 50

52 Rural energy Project - Additional Financing - Phase 1 Yen Bai province (Ps see Appendix 6 for samples of Pamphlet) The draft of RP Entitlement Matrix have been cpied and communicated by Power Company 1 to the relevant bodies i.e Yen Bai PPC, provincial and related district CRCs, related communes (also for display at the offices of the commwles people's Committees), Chiefs of district and commune NOOs women Union, Youth Union, Pea pant Association, Fatherland Fronts, War veterant etc... chiefs of related Hamlets and DPs representatives. 5.3 Objectives of information campaign and consultation program DPs and related agencies were fully informed, consulted and participated will be (i) reduce the potential for conflicts, (ii) minimize the risk of project delays, and (iii) enable the project to design the resettlement and rehabilitation programas a comprehensive development program to fit the ne9ds and priorities of the affected people, thereby maximizing the economic and social benefits of the project investment. The objectives of the Public nformation Campaign and DP Consultation Program are as the follows: To share full information on the proposed project areas, its component and its activities with the affected people. To obtain information about the needs and priorities of the effected people as well as information about their reactions/ feedback to proposed policies and activities. To obtain the cooperation and participatin of the affected people and communities required to be undertaken for resettlement planning and implementation To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation. There are two phases of the public information campaign and DP consultation Phase 1: nformation campaign, DPs and agency consultation during resettlement planning and RP preparation This phase - RP planning and preparation - consisted of line route selection, census and inventory of displaced persons, affected assets, and identification of strategies for compensating, rehabilitating and relocating. Survey teams had asked local authorities and DPs for their comments on the route alignments, potential of adverse impact, their reference on unit cost for house construction and unit cost of land. Commune local authorities had also been consulted for land availability in the case public land would be used for land compensation. Draft RP has been sent by Power Company to Provincial People's Committee and provincial compensation and resettlement Committee for review and comments. NPC - NORTH POWER JONT-STOCK COMPANY 51

53 Rural energy Project Additional Financing - Phase 1 - Yen Bai province Draft RP's Entitlement Matrix has been sent by Power Company 1 to the related district People's Committee and provincial compensation and resettlement Committee Commune Women Unions, Fatherland Fronts, Peasant Assosiation. Power Company 1 has requested PPC and other related local authorities to carefully review the requirements on waivers, eligibility' to compensation, proposed entitlement policy, RP cost, taskforces, mechanism for complaint and applied unit costs im draft R. PPC's opinion and their comments will comments will be sent to EVN within May, The draft RP has also been disclosed at VDC of the bank office in HaNoi, VietNam All feedback from DPs, local authorities are integrated in RP During this phase, the following activities are carried out sequentially: Activitty 1: Feedback information from related local authorities on the line routes After studying maps and visiting the sites, Electric Construction and nvestment Consultation Joint Stock Company had envisaged a preliminary route on scale map. Such map of all locations passed by the line was sent to relevant local authorities. The local authorities have agreed on the on the project line routes. These activities took place in June, Activities 2: mpact survey and statistics. Based on the agreed line routes, survey teams had realized the routes at sites coordinated with the commune officials to make a list of DPs affected 'on land, houses, trees, and crops. The socio - economic forms were delivered to 100% of affected households. These activities took place in June, Activity3: Meetings with DP's representatives. When the survey finished, Electric Construction and nvestment Consultation J oint Stock Company in coordination with the commune officials held meetings with DPs having land and other assets in ROWand within hamlet representatives. n these meetings, Electric Construction and nvestment Consultation Joint Stock Company officialy informed the participants of the project purposes, presented the project impacts on land and crops in detail, introduce on the objective of RP, the principles and policies of compensati?n and required people not to build new structures in the affected areas. DPs were consulted on the entitlement and compensation policy. DPs had also been asked for their option for compensation modes, most of them preferred cash for land and on the assets. They had requested that compensation much be at replacement cost and full compensation have to be paid before land clearance. They also requested to be clearly informed about the project implementation schedule. NPC - NORTH POWER JONT-STOCK COMPANY 52

54 Rural energy Project - Additional Financing - Phase 1 - Yen Bai pr.ovince Activities 4: Meetings the Yen Bai Provincial People's Committee Ater the first survey of the stage one, Electric Construction and nvestment Consultation Joint Stock Company had worked with relevant agencies of the project -. involved provincial and district People's Committee, explained the project purpose clearly to PPC and district People's Committee; at the same time, discussed with the local officials on the aims and principles of ground clearance, on the proposed policies of RP, legal and illegal issues, complaint mechanism... Electric Construction and nvestment Consultation Joint Stock Company also collected the local applicable compensation rates for land, structures, trees and crops. The above activities were carried out by Electric Construction and nvestment Consultation Joint Stock Company survey teams during July,2009. A meeting between Power Company 1, Electric Construction and nvestment Consultation Joint Stock Company and related provincial!district People's Committee were held. The relative issues were discussed: agreement on choosing project participation districts, project financial sources and even the compensation cost. The representatives of Electric Construction and nvestment Consultation J oint Stock Company had presented the baseline data and policies of RP to these Provincial Committee's and obtained their comments and suggestions. Activity 5: Sending the draft RP and entitlement policy to provincial People's Committees for review and disclosure. Electric Construction and nvestment Consultation Joint Stock Company has sent the Entitlement Matrix to all related district and commune authorities on August, 2009 for review and comments. Electric Construction and nvestment Consultation Joint Stock Company and Power Company 1 have requested the provincial! district People's Committees and the related local authorities to carefully review for the requirement on waivers, eligibility to compensation, proposed entitlement policy, RP cost, task forces, mechanism for complaint and applied unit cost in draft RP. The project related People's Committees' opinion and comments should be sent to EVN during August, 2010 The draft RP have also been disclosed at the office of Yen Bai of provincial People's Committee and at VDrc of the WB office in Vietnam. 5.5 Phase 2: information campaign and consultation during resettlement implementation During this phase - RP implementation- meeting will be organized by each commune. The implementation of RP and rehabilitation activities include: implementing resettlement policies; entitlement calculation and payment of compensation to DPs; finalize relocation plan; modes of compensation and training etc. During this phase, the following activities were carried out sequentially: NPC - NORTH POWER JOlNT-STOCK COMPANY 53

55 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Activitv 1: Organizing CRC disclosing the infonnation and training staves forcrc After loan agreement signed, the fist resettlement activity is the Provincial People's Committee will organize the provincial/ districts CRC. Power Company 1 will supplt to CRCs the copies of approval RP, train staves for CRCs on content and procedure to implement RP, Disclose RlB for all DPs. This activity presented on January and February, 2010 Activity 2: Distributing DMS and fonns of entitlement to DPs. CRC will implement DMS and disclose the DMS entitlement fonns to all DPs. The list of DPs, affected assets, and entitlements will be sent to the head office of commune. This activity is proposed to implement on about September,2009 CRC will calculate the entitlement and disclose the entitlement compensation fonns to DPs. The entitlement compensation fonns will be sent to the head office of commune. This activity is proposed to implement on February, After each times of disclosure RlB and entitlement compensation fonns to all DPs, the DPCs and communes' authorities will hold a meeting again at each commune in arder to clearly explain the policy of RP to all DPs. During this meeting, DPs can make requests on any resettlement issues. Activity 3: Meeting with DPs about compensation payment After having the database of affected assets of the project, CRC and communes will hold a meeting with DPs to introduce the compensation unit price for each kind of affected asset. The compensation unit price table will be sent to the head office of commune. At the meeting, DPs can comment to the released compensation unit price, the feedback infonnation of the compensation unit price will be taken care and considered. DPs who agreed with the compensation unit price for thir affected assets will sign to the compensation forms. The feedback infonnation will bee record and submit to the authority agencies. At the later meeting, DPs will be infonned the time, place and modes of compensation for affected asset. The meeting may be held on March, 2010 Activity 4: nfonnation to the local authorities on implementation schedule Power Company 1 will infonn commune authorities and DPs about construction schedule and procedures as well as schedule of RP implementation Commune local authorities and district RCs must closely coordinate together for ensuring that all DPs are fully informed about compensation and projectrp implementation schedule. NPC - NORTH POWER JONT-STOCK COrv[PANY 54

56 Rural energy Project - Additional Financing Phase 1 - Yen Bai pro.vince RP Resettlement Plan CHAPTER 6 : BASELNE NFORMATON 6.1 Data gathering activities Electric cdnstructidntidn and investment cdnsultatidn jdint stdck cdmpany with helping Df Dcal authdrities were carried To. cdnduct a census in rural areas nventory Dfproject impact during Septemper, The inventdry wdrk includes: Census Df all dps impacted by the project Survey fdr Dps, who. have hduses in propdsed DcatiDn Survey fdr DPs, who. have trees impacted in the propdsed DcatiDns Dr ROW (accdrding to. Decree 106/2005-ND/CP 17/08/2005). Survey fdr impacted public infrastructure, prdperties, and means Df transpdrt. Survey fdr land acquisitidn area fdr pdle fdundatidn. Survey fdr tempdrary land acquisitidn area. Survey fdr Dther impacted area. 6.2 Socio-economic screening Rural Distribution project (RD) Yen Bai is an agricultural-based prdvince Dcated in Tay Bac, the ndrthern part Df ndrthern-central Vietnam. t shares bdrders with five provinces which are Lao. Cai Province, Lai Chan Province, San La PrDvince, Tuyen Quang Province, and Phli Th9 PrDvince. Yen Bai has 9 district, city and tdwnship (the Yen Bai city, Nghia LD TDwnship and 7 districts Df Luc Yen, Mu Cang Trai, Tram Tau, Tran Yen, Van Chan, Van Yen and Yen Binh) with 180 CDmmunes. n which 70 highland CDmmunes and 62 CDmmunes with special difficulties are making irtvestments in develdpment programs - ecdndmic and sdcial state, two. districts have the highest Tram Tau and Mu Cang Chai (MDng cdmpatridts than 80 %) in 61 pddr districts, particularly the difficulties Dfthe cduntry Terrain - The average temperature Df C. Average humidity: thrdughdut the year ranging frdm 83 % - Average rainfall: frdm mm 1 year. relatively stable to. 87% Economic Potential Yen Bai has the advantage to. develdp agriculture - fdrestry prdducts assdciated with raw material areas: planting and processing Df paper, pulp, artificial bdard, cultivatidn and prdcessing Df cinnamdn, tea, cdffee, cassava planting and processing, fruits, aquaculture and fish prdcessing. With abundant mineral resdurces, the prdvince has favdrable cdnditidns in the mining and processing minerals such as gemstdnes, kadlin, feldspar, calcium carbdnate pdwder, irdn NPC - NORTH POWER JONT STOCK COMPANY 55

57 Rural energy Project - Additional Financing Phase 1 - Yen Bai province... and production of construction materials: cement, brick, technical ceramic, porcelain, stone cut tiles, stone art and other construction materials Populations thousand people. - The density is about 105 people per sq. km - The average population density in areas where the project is 105 people per sq. km. The average population density in the province is 109 people per sq. km Transport and communications Yen Bai City is 180km from Hanoi. The province is on the railway from Hanoi to Yen Bai then Lao CaL There is National Highway No.32 linking to Lao Cai and National Highway No.37 connecting to Tuyen Quang. Buses leave daily for Yen Bai from My Dinh Bus Station (Hanoi) System power 90% of people are using the national grid, particularly in rural areas has more than 53,000 households have access to electricity. However, power quality is low, many areas are overwhelmed Census and in ventory Population and Household Characteristics: The socio - economic survey traveling the TL covering 28 communes belong to 08 the local administrative districts of the project areas in Yen Bai Province Feartures of surveyed households are as follows: Average of. family size Male Female Age groups 1-17 yrs old yrs old Above 60 yrs old Heads ofhh Male Female Education standard High school/intermediate Secondary Primary 3.77 persons 48.5% 51.5% 34% 57% 9% 72% 28% 1.0% 8.5% 37% NPC - NORTH POWER JONT-STOCK COMPANY 56

58 Rural energy Project - Additional Financing - Phase 1 - Yen Bai prov.ince Elementary lliterates Occupation Agriculture Wage earners (state sectors) Free land labor Average annual income Furniture EM with water meter EM without meter EM with Toilet owned and private n which: EM with toilet in house EM with kitchen EM with toilet outhouse EM with kitchen outside EM with telephone EM with TV EM with motorbike EM with bicycle EM with fridge EM with washing machine EM with other equipment Permanent expenses Food Electric Water Clothes Health Education Travel/contact Tax Other service Unusual expenses Festival NPC - NORTH POWER JONT-STOCK COMPANY Total: 52% 1.5% 92.4% 1% 6.6% 1,589,247 VND/person/year 92% 85% 8% 85% 6% 79% 25% 75% 5% 55% 57% 85% 1.2% 0.3% 0.2% 40% 1.0% 0.1% 3.5% 0.5% 6.0% 6.0% 2.59% 8.2% 68.2% 3.59% 57

59 Rural energy Project Additional Financing - Phase 1 - Yen Bai province Funeral Shopping House prepared Motorbike prepared Other Percentage expenses/total income Disabled Blind Nerve Handicapped -. War veteran Ethnic Minorities in the project area Total: 1.05% 1.78% 1.58% 0.05% 2.36% 9.12% 77.32% 0.05% 0.10% 0.02% 2.53% 0.28% Health-service Government health service is implemented. Basic health systems are constructed and recovered, Health service people is widened. Housing categories Based on the Circular 05-BXDDT dt.09 February 1993 On house categories. The houses are divided into: 1 catetory 2 catetory 3 catetory 4 catetory During the survey and census, the evaluations of affected houses are: The 1 and categories are the firm houses with modem facilites: Privated, guest room, bed room, and bath room. This kinds of house arealways available in the centure of towns and cities, the project affected area does not have this kinds. The 3 category is the firm house with brick wall, concrete ceiling and normal facilities. This type of house represent about 30%. The 4 category is the firm house with brick wall, concrete ceiling and normal facilities, concrete foundation, normally toilet is external house.this type of house represent about 30%. Besides, there are some other types of house that not meet the 4 category, represent about 15% Ferthermore, there are many tents made of bamboo,. Constuction works are such as: camps, tents NPC - NORTH POWER JONT-STOCK COMPANY 58

60 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province RP Resettlement Plan ( See Apendix 7 for housing categories defined in the VietNamese Construction Standards) ncome Sources of income: Agriculture 89.41% Forestry 2.55% Freelance 2.40% Wage earners (state - owned and private sectors) 3.78% Small scale business 1.50% Retired/old age/free lance labored 0.14% Other 0.13% Fishing / aquaculture 0.09% t is difficult to accurately determine income and income sources of the DPs, so many DPs themselves could not point out the exact source of income and their income. Many DPs have income from multiple sources or mixed sources of income, and their income changes in the volatility of prices and the situation of the agricultural harvest. Average annual income Survey of socio-economic survey in 28 communes of 8 districts of Yen Bai province showed that the average income of the society in the project area is about 7,389,760 VND / household / year or 1,589,247 VND/personlyear. NPC NORTH POWER JONT-STOCK COMPANY 59

61 Rural energy. Project Additional Financing Phase 1 - Yen Bai province RP. Resettlement Plan CHAPTER 7: PROJECT MPACT 7.1. Types of impacts Decree 106/200S/ND-CP dt.17/august/200s of the ROW GOV defined in the safety of high-voltage grid." Houses /structures in the ROW required to allocate or remain with restrict conditions. High trees planted in the pole foundation area ofthe ROW: the distance between the top of the tree to the lowest position of the TL is not less than 3m. The structures outside the ROW but have potential impacts on the project as petrolium station, information center, etc will be relocated. Project permanent land acquisition Land acquisition for poles - Land acquisition for construction road and project repared Project temmanent affected land. Land arounds the pole foundation during the construction and erasion. Land uses for acess road. transportation materials, to the pole location. the land is affected in about 1-2 month Land afected temporary within the ROW 7.2 Project impacts to human Survey result economically- society show: HHs Total DPs ~ n which: Person DPs impacted permanently - DPs with permanent acquisition of more than 10% No of residential DPs with permanent acquisition of less than 10% i land - DPs with totally/partially affected structure - DPswith business partly or totally affected No - DPs to be relocated No DPs temporarily affected Total DPs impacted permanently DPs temporarily affected land DPs with totally/partially affected structure No - DPs with business affected No Total DPs temporarily affected i NPC - NORTH POWER JONT STOCh. COMPANY 60

62 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Total DPs i i No District/ communes DPs NumberHHs NumberHHs Van Yen district 1! Ngoi A : MauDong 16 lung 4 Vien Son 5 Xuan Tam i i :! i f ~. Yen Binh district i!! ~7 : 10 VuLinh 5! 11. Tan Nguyen Thinh Hung XuanLong 5 24!.~ ~ ~ Luc Yen district TanLinh._ Lieu Do Dong Quan Yen Thang 4 20 V Van Chan district Tran Phu town j V Yen Bai City i Gioi Phien 20 Van Tien Phuc :Loc 6! V Tran Yen district J 22 Minh Quan Bao Hung NgaQuan 5 : 25 Dao Thinh 6 : V Tram Tau district J 26 LangNhi! 27 TaXi Lang ~ ~ NPC - NORTH POWER JONT-STOCK COMPANY 61

63 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province. N~--~S~:~:/-C:::S l-n~mber HRs DPs Number H~S~ ~f-~~: ~~~~:~trict ii C -1--!f1 (Pis see Appendix 8for Statistics households affected by the project) Affected people classified by types. SrNo Types (Policy framework) Affected househ~ld ~_+-,--H-o-~~l-e6~h6~lds p~8r_s802ns 1-1 Temporary acquisition of productive land in ROW -+- r "------f--- 2 Temporary acquisition ofresidential and garden land No i No in ROW without house or structure in ROW ~ ~------~~--~ ~ Temporary impact on residential and garden land. No No House / building within ROW (area in ROW less than 10% of total area) and the demolished area does not impact to the remaining house!building. Residential land garden land outside of ROW is sufficient for reorganizing (more than 60 m 2 for urban area, and not less than 100 m 2 for rueal area. ~ Temporary impact on residential and or garden land. No No partial or total house!building area impacted but the land outside the house/structures does not sufficient for reorganizing (more than 60 m 2 for urban area, and not less than 100 m 2 for rural area.) --~- Temorary impact on residential and or garden land in No No ROW. Full or partial house!building impacted and land outside of is not sufficient for reorganizing (less than 60m 2 for urban area and loo m 2 for rueal area) Permanent acquisition of land for tower foundation, substation and access roads etc -~-~-'---~~~----~-~----~ (a) Land loss less than 10% of their total landholdings (b) Land loss equal or more than 10% of their total landholdings ( c) Ramaining land (residential/garden land) S ~-~----r--~~----_+_ --- NPC - NORTH POWER JONT-STOCK COMPANY 62 No No No No

64 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province, SrNo Types (Policy framework) ~-. f-. sufficient for reorganisation (more than 60 m for urban area, and loo m for rural area) (d) Remaining land (residential garden land) is not sufficient for reorganisation ( less than 60 m for urban area, and 100 m for rural area. 7 DP impacted on business or other services (a) Temporary impact on business or other services r (b) Permanent impact on busines~~;other services mpact properties The project will impact:.--,.-.--~ Affected household Households Land used permanently for foundation poles, and service lines for building projects. Permanent impact on houses, works, trees, crops and other assets in the plans to locate in the ROWand pole foundations. Assets on the public service. All trees and crops or other assets located around the pole foundation and ROW. The temporary withdrawal of land during construction Number, type and area of damaged home: No The number and area of activity loss: No The number and area of productive land affected Table 7.3.3a - Permanent land area acquisition i No No No PersonsJ ~ No No Scale i Land area acquisition No District/communes Medium Rice and forest voltage Substation vegetables hills 1_ ~..._..._._. +-_lin_e_s i!!tlr--_~ ~2)) (m2) Total (m2).. _---- NPC NORTH POWER JO[NT-STOCK. COMPANY 63

65 ~-- Rural energy LProject - Additional Financing - Phase 1 - Yen Bai province r r r.~~.--~------~-~ r-----~ District/communes -_~ ~~ale Land area acquisiti~~ j tu' MediU:j Rice and forest T a vo.t. ag.e.subs.ta. t.ion vegetables hills (~. 2.) f --~ _li_n!s...lm Jm211 (!!l11--;--~ 8 Bach Ha 1, ~J-±L 55:86.?2~~ f ~1, ~ 9 Binh.. ~ ~_- 10 Vu Linh ~--L~_--,7_82-f -_l ---J ~.Ll:~ Tan Nguyen 858 2! 36.24! ThinhHung 1,135 : f 13 Xuan Long 1, i Luc Yen district Tan Linh 'ill r Lieu Do ~ 16 Dong Quan ! 17! Yen Thang ~ Gioi Phien 2?~_J_--r i _ 6().4Q: 20 Van Tien 1,733 _~ --.L ~.36 ~~7.~ Phuc :Loc 1,931 2 l ~?.:.~=i i V Tran Yen district 22 Minh Quan 1, ! _-+/----i-.-~-- 23 Bao lung 2, NgaQuan 1, Dao Thinh 1, l V Tram Tau district j-----~ _ _i 26 Lang Nhi 14, !.a Xi Lang ==t---ll~63-3 -t ~ -+-~ _ 2--~ ~-jj [ [ Mu ~ang Chai distrct :;l -28=C-'--he.c.-T- -a o , l2 i ~ ~---~ Total: 1, ,431.3~_ 9,3~~~~!J ' ' ~--.. -~--.. NPC - NORTH POWER JO[1\iT-STOCK COMPANY 64

66 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province. Table 7.3.3b - Temporary land area acquisition --, Scale Land area acquisition No District/communes Medium Rice and voltage Substation vegetables lines (m) (m2) Van Yen district forest hills (m2) Total (m2) ~~ --~----' 1 NgoiA MauDong 1 57 l~l~ 3 Yen Hung Vien Son / _~ 5 Xuan Tam O~_~ Yen Binh district 6 Cam Nhan Vinh Kien 564 1,316 1, Bach Ha 1.458/ Yen Binh ,080 -~- ---t VuLinh , ~~ j. ~ 11 Tan Nguyen Thinh Hung ~ Xuan Long ,100 Luc Yen district t-----~- Tan Linh , Lieu Do Dong Quan Yen Thang V Van Chan district 18 Tran Phu town ,360 --:--- V Yen Bai City 19 Gioi Phien Van Tien l'o~~iti 21 Phuc :Loc ,420. V Tran Yen district -----i-- 22 Minh Quan ,057 1,510 f Baa Hung ,211 1, Nga Quan '--.--~- ----_ NPC - NORTH POWER JONT STOCK COMPANY 65

67 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Scale Land area acquisition No District/communes Medium 1 Rice and voltage Substation vegetables lines (m) (m2) forest hills (m2) Total (m2) i 25 Dao Thmh _6_0-\-1 8_4_ ,200 ~V--~i-T-r-a-m-T-a-u-d-i-st-r-ic-t----r r--~ ~ ~ _l-~_ --- ' 26 Lang Nhi _ 947, 27 - TaXi Lang Mu Cang Chai V district i 28 Che Tao , , , i i Total: 11, , ,3~ Number of trees and crops affected Table Number of trees and crops affected ~NO -~--~-- Trees and cro~s District/communes Ric; Maize Eucalyptus Longan (m2 m2) tree) (tree)! Van Yen district NgoiA MauDong --~--~ Yen H~~g_~ ! 4 Vien Son i Xuan Tam, ~--- 1 Yen Binh district L 6 CamNhan Vinh Kien ~' ~-j= 8 Bach Ha t i YenBinh Vu Linh Tan Nguyen Thinh Hung ! 298 ' 13 Xuan Long i i _+~ Yen dis-tr-j-ct------rī 'i 1 145~LTl~eu~Dinho _~ ~-~.72 R l--l ~ _--t , :~ ~::i~~~- T-2--~~-::-~-t~-----~----2-:-~ !; --~ ~ NPC NORTH POWER JOlNT STOe;.;. COivlPANY 66

68 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province RP Resettlement Plan _NO Distri:t-/c-o-mmun~es~~~_ -_---+,...-! :~~! 7::' r~d~u-~;-~!~-tu-'j-'~l-j~-:;ed t V Van Chan district -+-_! ---J ~'_18-+_T_ra_n_Ph_u_t-own ~~_~ 47_8_.2_64'----~H ~ l V Yen Bai City 19 i GioiPhien ~ ! Van Tien ' Phuc :Loc r-v! Tran Yen district r- '-~ i ~-~----l-- 22 _ Minh Quan ~Ba~HUng l i Dao Thinh V Tram Tau di strict 26 LangNhi 27 Ta Xi Lang iv MuCangCh " t 28 Che Tao - -"- 24 NgaQuan t i i --, 1, ,090 i _! " --j, 1, _ ,711! ~ ~ - ai district ~ i 1, , , i i Total. ~ ,077_.0_0-,-1_~_14_,O_9~ 791, ---_._ NPC - NORTH POWER JONT-STOCK COMPANY 67

69 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province CHAPTER 8: l\lplementaton ARRANGEMENT 8.1 Measures for project implementation Annoucement to DPs All DPs shall be thoroughly informed about the right and policies of RP including eligility, entitlement policy, and modes and rated of compensation, schedules and complaint and grievances rights. The RlB will be prepared by electric of Yen Bai company and then it will be delivered to all DPs or informed at the meetings in districts and communes; hung in public places such as administration of ccommunes and school Public announement tasks shall be implemented immediately after GOV and WE approval of project is obtained. The features ofrlb are described: Part A: Basic information Project description Project objection mplemention plan project impacts nterests of persons affected Responsibility of units Public consultation Complaint ndependent monotoring function Part B: Detial interests 1. Detail impact to each HHs 2. Compensation price for each impact type 3. Compensation payment date Compensation deadlines Compensation payment for land, houses at least five months before land clearance, payment for trees, crops, and other allowance will be paid at least one month before land acquisition date. DPs who have to be relocated, the local authorities, Power Company 1 and Electric of Yen Bai company should make effort to assist them in buying residential land and construction for the house and to ensure that no land clearance if these DPs have not completed their house building at new resettlement site. However, in this project, there is not impact on residential land and structures, therefore, there is not any DP who required to be relocated. NPC - NORTH POWER JONT-STOCK COl\![PANY 68

70 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Resettlement and clearance deadline DPs who hav impacted houses and structures and have received full compensation and -subsidies are requested to move out of the affected portion of the house or to clea land at least 15 days before the commencement cicil work. 8.2 RD implementation and clearance deadline Action 1: Just after the award of capital borrows convention ofwb, Power Company 1 and Electric of Yen Bai company, and its its PMB will select and contact a qualified agency for independent external monitoring. Action 2: CRC carries out the DMS and inventory of he affected assets and together with the independent monitoring agency and related institutions evaluate the applicable compensation unit price in RP and propose to PPC for amendment ofthe applicable unit prices in RP, if necessary, to ensure that DP iscompensated at replacement costs at the time Rp implementaton. Article 9 of Decree 197/2004/ND-DP states that land price for compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by provincial people's Committee in line with the Goverment regulation (within the GOV's range of minimum and maximum prices). Chapter 2 of Decree 188/2004fND-CP promulgates the methodologies ( i.e direct comparison method and income method) to define land price and, at the same time, set forth the land price framework (min. and max, unit price for various types of land) throughout the country. Action 3: Just after finishing the DMS and inventory survey, CRC will check and define the official number of DPs, impacted properties, an total official compensation amount. Action 4: CRC will officially announce the policy, schedule ofrp ofdps at the public meetings, including the issues relaated to compensation, res ettl emrnt and land clearance. Action 5: Compensation payment for houses/structures and other affected assets and other subsidies payment for DPs. DPs who have productive land or income affected more than 10% will be provided allowance for rehabilitation. They will be assisted in training agricultural and breeding technique or programs for none - land persons. Payment for trainer: VND/person Payment for trainee (as an allowance during training time): VND/person NPC NORTH POWER JOlNT-STOCK COMPANY 69

71 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Total cost: VND/person Action 6: During the project implementation, PMB and external monitoring agency will monitor all RP activities and rehabilitation program mplementation schedule One of the provisions is that Rp will be carried out m accordance with mentioned process for the purpose of security for land clearance and implementation of civil work. The imlementation and commencement of civil work i.e the appropriate compensation and construction schedule. The compensation peyment shall be complete prior to the commencement of relevant project components. Proposed project implementation schedule: Schedule for Electricity of Yen Bai Company and project CRC.Establshment of Project CRC 2. Review and approval/clear ofrp by electric of Yen Bai company/wb 3. Negotiation (government and WB) 4. Effectiveness 5. Commencement of public information 6. Commencement of field works 7. Commencement of compensation payment Schedule for DPs : 1. Commencement of. declaration of quantity and status of properties 2. Commencement of receiving compensation and ground clearance Bidding: Start the bidding equipment and construction Civil work: Monitoring: Already n 6/2010 n 7/2010 n n n 8/2010 n 9/2010 n 4/2010 n 8/2010 n All RP acctivities must be satisfaction completed before the WB issues a no objection for award of contract for sub-project. Any changes for the RP after WB approval will be required ro review by the WB office in HaNoi before commenment of construction Staffing for RP implementation Proposed staffing for RP implementation: Staffing for the RP implementation is proposed in the following table: NPC - NORTH POWER JONT-STOCK COMPANY 70

72 -~... Rural energy Project - Additional Financing Phase 1 - Yen Bai province 1 C r PPc 1x8 -.-~ Electric Construction and nvestment Consultation Joint 1 x 28 Stock Company 5 ndependent external monitoring 15 agency - ~- Electric of Yen Bai Company 6 mont s 13 months 3 months months months The independent external monitoring agency has to appoint the qualified staff to satisfy with the requirements of the WB. This agency has to implement its work promptly at the time of RP commencement (public meeting and DMS) and last to 6 months later the completion of the RP implementation. This is to survey how the DPs satisfy with the project Total time to implement this action is about 9 months. The independent external monitoring agency will be prepared the following reports: nception report; Progress report and final report Training and workshop n order to carry out implementing smoothly and effective prior to RP implementation, organization training, workshop for social safegard staff of RP. The training, workshops will be held by PMU with PMU with technical assistance of WB resettlement officers. the objectives of training, requirement for carrying out DNS survey, and steps of RP implemention as well as monitoring and evaluation, report preparation, base line data management One intermediate training training course and one primary are proposed to be organised at the initial stage of the RP impelmentation. One workshop for all RP implementation related personel is proposed to be held by the initial stage of actual payment of compensation. The training courses and workshops are to be organised in Yen Bai province within a short course of time i.e 1-2 days Table Proposed staffnumbers 1 Resettlement organization training Number of staff Content -- NPC - NORTH POWER JOlNT-STOCK COMPANY 71

73 Rural energy Project - Additional Financing - Phase -~T R_es_e_tt_lement ~ganization 1.1 'PMB of pel 1.2. PMB of local 1.3 Yen Bai ere 1.4 District CRCs 1.5 Consultant 2 Primany training 2.1 Offcers of mommuses 2.2 nernal monitoring officer T Number -r- Yen Bai province Content - L _~~f staff _~ ~ ~ ~_ 2 - DMS, entitlement determination 2 2 2x x Key RP policies - Mechenism for redressing the compaints/grievances nternal and external monitoring and evaluation of RP implementattion. DMS, entitlement determination - Key RP policies - Monitoring and assessment of implementation ofrp Participation and public consultation - Complaint The communes' officers are one cadastral officer and one officer of labour bureau. The independent extrnal monitoring agency is considered to be a professional agency in the field of external monitoring of implementation RP and their training training is not required Grievance and appeals Since the entire resettlement and rehabilitation program is being carried out with the participation of DPs and the impacted scale of this scale is relative small, it is expected that no grievance (related to the resettlement and compensation), the detail procedures dor solving grievance are prepared for the project. The mechanism is designed to be easy, transparent and fair the procedures are as follows: First step: f any person is aggrieved by any aspect of the resettlement and rehabilitation program, he/she can lodge an oral or written grievance with commune authorities. Commune People's Committee will resolve the issue within fifteen days from the data it receive the complaint. Second step: f any aggrieved person is not satisfied with the decision in stage 1, shelhe can bring the complaint to the District People's Committee (DPC) or NPC - NORTH POWER JONT-STOCK COMPANY 72

74 Rural energy Project - Additional Financing Phase 1 - Yen Bai province District Resettlement Committee (CRC) within fifteen days from the date of the receipt of the decision in stage.the district Resettlement Committee (DRC) will reach a decision on the complaint within fifteen days. Third step: f the DP is still not satisfied with the decision at district level, he/she can appeal to the Provincial People's Committee (PPC) or Provincial Resettlement Committee(PRC) within 15 days of receiving the decision of the DPC or DRC.The Provincial People's Committee or Provincial people's Committee will reach a decision on the complaint within fifteen days. Fourth step: f the DP is not satisfied with the decision of the Provincial level, the case may be submitted for consideration by the District Court within 15 days of receiving the decision of the PPC or PRe. The district court's decision will be a legal basis for compensation. DP's will be exempted from all administrative and legal fees. DPs can make an appeal on any aspect of resettlement and rehabilitation program, including the compensation unit price. The detail procedures of solving grievance will be disclosed to all DPs in the public meetings and at the CRC offices. This information also contains in RlB, disseminates to all DPs promptly after the commencement of the project. Figure8.6: - Grievance redress administrative and juridical structrure available to DPs: Provincial CRC Mass media f----4[ DPs complaints] Bring to Court NPC - NORTH POWER JONT-STOCK COMPANY 73

75 .... Rural energy Project - Additional Financing - Phase - Yen Bai province 8.6 Monitoring and supervision The implementation of RP shall be constantly supervised and monitored by Power Company 1 and Electricity of Yen Bai Company in co-ordination with the local People's Committees. An independent consulting agency will be entrusted with external monitoring tasks. The selection of this agency will be submitted to the approval of Power Company 1 and WB. The selected independent external monitoring agency shall be contracted by the PMB immediately after RP approval and shall begin supervision and monitoring activities from the beginning of the implementation phase. nternal monitoring nternal monitoring includes the following activities: Monitoring the population,socio - economic surveys, and inventory of DPs' assets. Monitoring whether the implementation of compensation, resettlement and rehabilitation for DPs in accodance with the provisions that DPs agreed. Monitoring the implementation of compensation and resettlement tasks. Monitoring the availability of finance and schedule of implementation RP. nvestigate and fairly assess each case of grievance and complaint. Preparing the quarterly report detailing the process of RP implementation. Such report should be made available GOV authorities, WB and external monitoring agencies. External monitoring n addition to verifying the i'nformation furnished in the internal supervision and monitoring reports of the respective pes, the external monitoring agency will be responsible for the following: At the beginning of RP implementation, review compensation unit cost applied in RP, check at the site for ensuring that the compensation costs are at the replacement value, or otherwise recommend to Power Company 1 and Yen Bai PPC for adjusting. Evaluation ofdms, inventory and entitlement to DPs. Evaluation of socio-economic project impact on the DPs. Supervision of the implementation of RP to achieve the objectives of the RP in particular "to improve or at least maintain the incomes and living conditions of the DPs after resettlement" putting forward the amendments for the implementation of RP so as to achieve the objective of this RP. Offering suggestions on how improve RP programs. NPC - NORTH Po\VER JONT-STOCK COMPANY 74

76 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Closely monitoring compensation activities and be prepared to give informed evaluation of complaint and grievances cases. Write working reports to be submitted to PrvB and WB avery 6 months to the appropriate GOV authorities, the WB and the representatives of the Dps. Write final report (6 months after finishing entirely the resettlement program).this report shall provide detailed evaluation of RP and its implementation, including the content of interviewing DPs about the situation and their opinions after receiving compensation and resettlement. Finally, on the bases of RP implementation experience this final report shall provide suggestions to help enforce the local RP implementation experience and improve RP in the future, Terms of reference for independent monitoring will be prepared by Power Company will be sent to WB for its concurrence prior invitation the independent monitoring. NPC - NORTH POWER JONT-STOCK COMPANY 75

77 Rural energy Project.- Additional Financing - Phase 1 Yen Bai province CHAPTER 9 : COSTS AND BUDGETS --~ Budgets For Rural Energy sub - project, funds for implementing RPs will be- from counterparts: Power Company 1 will arrange budget for implementing RP of the Low Voltage Systems. 9.2 Compensation cost estimate Compensation cost estimate for temporarily and permanently impacted house, structures, agricultural land, forestry land, cultivated land, perinential trees, and crops based on: Decree no.197/2004/nd - CP dt.03 December,2004 on the compensation, assistance and-resettlement in case ofland acquisition by the state Survey for replacement cost and market price for structures, land, trees by Electric construction and investment and investment consultation joint stock Company Decision for unit cost of compensation of Yen Bai Provincial people's Committee. 9.3 Compensation unit price Dicision 07/2008/QD-UB of 04 May 2008 for unit cost of compensation of Yen Bai Provincial People's Committee is applicable for this subproject. Dicision 2455/2007/QD-UB of for unit cost of types of lands of Yen Bai Provincial People's Committee. To ensure that the applicable unit costs for compensation are at the replacement costs, during the impact survey, Electric construction and investment and investment consultation joint stock Company had carried out the survey on unit prices in other provinces and compared them with the unit costs approved by the Provincial People's Committee. t is noted that(i) the newly issued compensation unit prices for land(during January,2005 in accordance to Art.56 of 2003 Land Law and Decision 197/20041ND- CP dt.03 Dec.2004 along with Circular 116/20041TT - BTC dt.07 Dec.2004 and Decision 188/2004ND - CP dt.l6 Nov.2004 along with Circular 114/2004/TT - BTC dt.16 Nov.2004 ) reflect the prevailing market prices in the project areas and,(ii) the construction prices given by contractors in the project related areas for recently structures are similar to construction price applied in this RP. The contingency component would cover certain differences, if any, by the time of actual RP implementation Compensation units prices for structures NPC - NORTH POWER JONT-STOCK CO:VPANY 76

78 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province The compensation unit prices for structures are not applicable since there is not any house or other structures totally or partly impacted in this project. There fore, such rates are not applicable in this project Don gia d~n bi d6i voi d t dai Compensation for land shall be at replacement cost Land unit price is established separately conforming to the regulated price frame of the Decree No.l88/20041ND CP and Circular No.1 14/2004/TT - BTC. Chapter 2 of Decree No.1 88/20041ND CP 'Methods of Defining Land Price', Which is elaborated in chapter i of Circular NO.1l4/2004/TT - BTC(i.ee Art.l :'The direct comparison method' and Art.2:'The income method') ensure the unit cost to meet the replacement value at the time of issuance of unit cost. This unit prices are based on the replacement costs for land, house, trees, and market prices for crops. However, the compensation unit costs will be reviewed by local authorities and ndependent External Monitoring Agency at the initial stage of RP implementation and to be used for calculation the entilements of DP) to ensure that Dp will be compensated at the replacement costs for land,horse,trees and market prices for crops according to this RP policy. Table Unit price for permanent land (VNDlm2) _~ Notes: Rice 34,000 1 Forest The newly promulgated land prices reflect the actual land value in the respective localities. However, the' Land Price Consultant' (Art.57 of Land Law) or the ndependent External Monitoring Agency shall utilize the 'Direct comparison method' and/or 'ncome method' ( Chapter of circular No.1 14/2004/TT - BTC dt.26 Nov.2004 ) of defending land price to adjust the land prices to meet the replacement value by the time of issuance of unit cost for this RP implementation. The contingency component would cover such differences,if any, by the time of actual RP implementation Compensation unit prices for Trees and Crops: According to Circular 1 14/2004/TT - BTC of MOF, compensation for fruit trees is determined based on the remaining harvests, long-term trees to be compensated at the replacement cost and annual crops to be compensated at the average yields of three latest years. On the reference of local unit prices, surveyed market prices and prices proposed by DPs are not much different. NPC - NORTH POWER JONT STOCK. COMPANY 77

79 Rural energy Project -.Additional Financing - Phase - Yen Bai province NPC - NORTH POWER JOlNT-STOCK CO\rlPANY 78

80 Rural energy Project Additional Financing - Phase 1 Yen Bai province Table 9.3.3a - Unit price/or crops (VNDlm2) Rice 3,000 1,200 Table Unit pricejor trees (VNDltree) Flow of fund 300,000 15,000 Fund for the implementation of RP will be from EVN.Power company 1 will be transfer such budget to Provincial CRC Provincial CRC will transfer such budget to District CRCs The District CRCs are responsible for: + Payment of compensation and all entitlement allowances directly to DPs, and +Payment to cover costs of overall RP activities nflation adjustment The rates of compensation and cash entitlements for rehabilitation and allowance payable to the DPs shall be reviewed and, if necessary, adjusted at the actual time of RP implementation based on the actual annual inflation rate upon request of the CRCs. 9.4 Cost estimation Chi phi cho RP bao g6m: RP preparation All work in the office such as design study, preparation of statistic survey form. Survey work: census and inventory, socio - economic survey_ Survey work is carried out in tow stages: Preliminary stage (for RP preparation) and mplementation stage (DMS - at the early time of project and RP implementation).compensation and rehabilitation Based on the impacted categories and extent of impacts which described in the above chapters, compensation and rehabilitation costs are included: Compensation for permanently land acquisition. Compensation for temporary and permanently trees and crops.(inc1uding the cost of cutting trees) Compensation for relocated houses and structures.(including demolishment cost and repair cost) NPC - NORTH POvVER JONT-STOCK COMPANY 79

81 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Subsidy and allowance for rehabilitation consist of: subsistence allowance for relocating, training subsidy etc. ncentive for relocation in time Management: Cost for staff of PMB and CRCs inludes in: physical basis, salary and allowance for administrative organisation. The local PMB and CRCs shall undertake many activities during the project implementation. Cost for training, workshop, infonnation campaign, etc. Monitoring =2% of total of Compensation and preparation RP When carrying out the project, PMB of Power Company lwill enters a contract with an independent external monitoring agency to carry out the external monitoring. Since cost of monitoring work has not yet been envisaged in detail, it is estimated at about 2% of the total cost of the compensation and RP preparation. The interested independent external monitoring agency will prepare the technical and financial proposals for bidding and actual cost will be decided through procurement for independent monitoring. Contingency =15% of total of Compensation and preparation RP Based on the experience of implemented and on-going implementing project,the rate for contingency is estimated about 15 % of total cost of compensation and preparation of RP 9.5 Total cost estimate for RP implementation Preparation of RP and DMS nitial stage -Preparation ofrp At the nitial stage of the' preparation for the establishment of RP,a socioeconomic survey workforce has to be established.this workforce will carry out: Studying the designs and field visits. Establishing the socio economic survey forms (interview) and inventory fonns (with preliminary measurements of fixed assets and counting of properties). Organizing community meetings and public consultation and distribution of project related Q & As, pamphlets... Socio economic surveys by filling in the "Questionnaires" fonn and direct interview. Data processing. Establishment of RP for approval. PMB has signed contract with Power and ndustrial Engineering Consulting Joint-stock Company to carry out the above mentioned tasks. NPC - NORTH POWER JONT-STOCK COlv!PANY 80

82 Rural energy Project - Additional Financing Phase 1 Yen Bai province Cost estimate for preparation stage: mplementation stage - DMS 71,405,545 VND Support working teams of the district CRCs are mobilised to do the following: Preparing DMS and inventory forms, RB. Organizing community meetings. DMS and inventory work. Negotiation with DPs. Finalizing the DP's compensation and rehabilititation forms and submit to CRC for approval. Support working teams: 8 teams (2-4 staffs/team) for 8 districts of Yen Bai of the project: Nh6m giup viec: (i) (ii) (iii) (iv) (v) (vi) (vii) Van Yen district Yen Binh district Luc Yen district Van Chan district Tran Yen district Yen Bai city Tram Tau district (viii) Mu Cang Chai district 1 team (3 staff/team) in: Vi en Son, Xuan Tam, Ngoi A, Mau Dong and Yen Hung communes. 1 team (4 staff/team) in: Cam Nhan, Vinh Kien, Bach Ha, Yen Binh, Vu Linh, Tan Nguyen, Thinh Hung and Hung Long communes. 1 team (3 staff/team) in: Tan Linh, Lieu Do, Dong Quan and Yen Thang communes. 1 team (2 staff/team) in: Tran Phu tea Town. 1 team (3 staff/team) in: Minh Quan, Bao Hung, Nga Quan and Dao Thinh communes. 1 team (3 staff/team) in : Gioi Phien, Phuc Loc and Van Tien communes. 1 team (3 staff/team) in: Lang Nhi and Ta Si Lang communes. 1 team (2 staff/team) in Che Tao commune. Total support working team: 23 staffx 3 months x 30 days =2,070 mlm The estimate also include expenses on basic salary, per diem, accommodation, traveling of staff, printing of forms, Q & As /Pamphlets, community meetings. Total implementation stage: 300,000,000 VND, ~ NPC - NORTH POWER JONT-STOCK COMPANY 81

83 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province Total cost ofrp implementation: n which: nitial stage (preparation of RP) mplementation stage (DMS) 371,405,545 VND 71,405,545 VND 300,000,000 VND Compensation and rehabilitation As already mentioned in the previous chapter, there are no residential land affected, no houses/structure affected and naturally no DP required to be relocated. Therefore the following items will be compensated: Compensation for permanent land acquisition. Compensation for crops, trees in the permanent and temporary land acquisition. Dicision S/QD-UB of 04 May 2008 for unit cost of compensation of Yen Bai Provincial People's Committee is applicable for this subproject. NPC - NORTH POWER JOlNT-STOCK COMPANY 82

84 Rural energy Project - Additional Financing - Phase 1 Yen Bai province Table 9.5.2a: Total compensation costs o/permanent land occupied ; ~. -, ~- -, , , Crops Forest (hill) J , ='-----, ,----'----'-r No District/communes Area Cost Amount Area Cost Amount' Total ~ _4~(m2)-~~(VN--D-/-m-2~)+_-~(VN--:D~) (m2) (VND/~2_~.L)+_~(V-N-D~.).-~ ~ Van Yen district ---~ ~-----t_ ~----r_ Ngoi A , , , , , ~ Mau Dong _~~ , , , ,554 1,1 ]9, Yen Hung ~ 34,000 1,868,6_40--+-_1_2_8._24_ 14,300 1,833,83.2 3'702'4~2.J V-ie-n-S-o-n-=-----, , ,2~ , , ,560J 5 Xuan Tam _3_4,90 0_+_--5-1_4, ~3-~.~ 14_,3~0 504,504_+ 1,0_]_8_,5_8_~ Yen Binh district l ! Cam Nhan , , , ,720 1,455,120 ~--~ ~ ----r-----r l ~ 7 VinhKien ,000 2,227, ,300 2,186,184 4,413, Bach Ha , , , ,798 1,612, ~ ~ 9 Yen Binh ,000 1,678, ,300 1,647,646 3,326,566 ' r \ Vu Linh ,000 1,187, ,300 1,165,164 2,352, r_----~ ~----~ Tan Nguyen ,000 1,232, ,300 1,209,208 2,441,368,-----~ -~~ t ~ _~T-h-i_n-h-H-u-n..::;g--~- f ,OO~1 938, _4,_3_00_+_9_2_0_,9 2_0~---1,_8_59_,_32_0~ 13 Xuan Long ,000 1,062, ,300 1,043,042 2,105,882 -l Luc Yen district t---~ Tan Linh ,000 1,554, ,300 1,525,524 3,080, ' Lieu Do ,000 1,107, ,300 1,087,086 2,194,806 -~ , Dong Quan , , , ,554 1,1] 9, ~ Yen Thang ,000 1,305, ,300 1,281,280 2,586,880 '-- --'- -=- -'-- L NPC - NORTH POWER JONT-STOCK COMPANY 83

85 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province V Van Chan district 18 Tran Phu town ,000 2,388,840 V Yen Bai City 19 Gioi Phien , , Van Tien ,000 2,732, Phuc:Loc ,000 2,306,016 V Tran Yen district 22 Minh Quan ,000 2,410, Bao Hung ,000 2,615, Nga Quan ,000 1,640, Dao Thinh ,000 1,873,536 V Tram Tau district 26 LangNhi ,000 4,616, TaXi Lang ,000 8,356,112 V Mu Cang Chai district 28 Che Tao ,000 17,080,512 Total: ,300 2,344,342 4,733, , ,604 1,220, ,300 2,681,479 5,413, ,14,300 2,263,061 4,569, ,300 2,365,163 4,775, ,300 2,566,564 5,181, ,300 1,610,409 3,251, ,300 1,838,637 3,712, ,300 17,473,856 22,090, ,300 14,057,930 22,414, ,300 40,708,554 57,789, ,995,086 NPC - NORTH Po\VER JONT-STOCK COMPANY 84

86 ~------~ -~~ ~~--~~ ~~~~~~ ~~--~~~~- -~~ ~~-~~ ~~~~~ ~~~ ~~-~~~~~ ~ ~~~~- ~~-~~~~~~-r-~~--~ ~~-~~~~~~ ~~-----~~~-f---- ~~~~- ~-~ ~~- ~ ~~~~ t-~~ ~~-~~ ~ ~~~ ~~- ~~-----~~~~ ~~--~ ~~~~~~ ~- Rural energy T Project - Additional Financing Phase 1 - Yen Bai province Table 9.5.2b: Total compensation costs of crop and trees ~~ No Rice Maize Lagon and Mango Districtl Communes Quantity Cost Amount Quantity Cost Amount Quantity Cost Amount (m2) (VND/m2) (VND) (m2) (VND/m2) (VND) (tree) (VND/tree) (VND) Van Yen district ~~~~- 1 NgoiA , , , ~~~~ Mau Dong , , ,000 6,000,000 f------~ r ~ r ~~ r ~ 3 Yen Hung , , , ,000 6,300,000 4 Vien Son , ,200 12, ,000 6,300,000 --~~ Xuan Tam , , ,0 4,500,000 Yen Binh district ~~--~ ~~~~~~ ~ r ~~ ~~ 6 CamNhan , , , ,-----~~ r ~ 7 Vinh Kien ,888, , ,000 24,300, ~ ~~ Bach Ha , , ' 300, ~~ ~~--~ ~~~~- ~~ ~~--~~~~~~- 9 Yen Binh , ,200 l_ 204, ,000 14,100,000 r-ur Tan Nguye~- ~~--~ 10 Vu Linh ,220, , , , , ,000 0 ~~~~~ -~~ ThinhHung , , , ~~- ~~- ~~ ~~-r----- ~~-----~~~~ XuanLong ,083, , ,000 12,600,000 t-~~ ~~ Luc Yen district, ~ Tan Linh , , , ,500, Lieu Do , , ,000 3,000, ~--~~ ~~ 16 Dong Quan , , ,000 0 NPC - NORTH POWER JONT-STOCK COMPANY ~c= -~ ~~ Eucalyptus Quantity Cost Amount (tree) (VND/tree) (VND) r---~ Total (VND) , , ,000 1,875,000 8,095, r------~ ,000 4,650,000 11,825, , ,359, , ,000 4,965, ~ ~~ ~ , , ,800 ~ ,000 14,610,000 40,798,560 -~~--~ ~~~ -~~ ,000 2,790,000 3,644, ,000 7,905,000 22,819, ~ ,000 9,000,000 10,220, ,000 3,600,000 4,257, ,000 4,470,000 5,281, ,000 4,71 0,000 ~ 18,393, ,000 4,425,000 6,683, ,000 3,000,000 6,520, ,000 1,350,000 1,615,860 85

87 ,~- ~-~ ~- j - -~--~-.~- ~- Rural energy Project - Additional Financing - Phase 1 Yen Bai province - ~-~ No District/ -~ Communes Rice Lagon and Mango Quantity Cost Amount Quantity Cost Amount Quantity Cost Amount Quantity (m2) (VND/m2) (VND) (m2) (VND/m2) (VND) (tree) (VND/tree) (VND) (tree) 17 Yen Thang , , ' 300,000 6,600, Van Chan district --~ V.~~ ~-~ J 18 Tran Phu town ,434, , ,000 7,500, t---.~---- v ~-~ Yen Bai City ~ ---r--- Wo Gioi Phien , , , Van Tien _ , , , ,000 16,500, ~-- 21 Phuc :Loc ,481, ,200 ~----~ ,000 4,800,000 ~ f ~-- V Tran Yen district r ~-.- ~ Minh Quan , 581, , , ,000 7,500, ~- -~ 23 Bao Hung ,397, , , ,000 9,000, ,3.~ Nga Quan , , ,000 21,300, ~-~ r Dao Thinh ~ , , , ,000 16,800, !---- r-y.!!j Tram Tau distr~ct -~ LangNhi 1, ,248, ,000 3,600,000 2,090 - r ,200E: Ta Xi Lang 1, ,152, ,200_ 800,400_ ,000 13,200,000 1,711 r V Mu Cang Chai district cjt ~ 1 r Che Tao 1, ,559,6041 2,20~ 1,200 2,640, , ,900,000,984 L Total: 9,772 4,077 ~ 791 ~ ~ ~ 14, ~~ Eucalyptus Cost (VNDltree) Amount (VND) -] Total (VND) 15,000 3,630,000 10,894,200-15,000 9,345,000 18,279,780 -~.~- -~ ,000 1,290,000 1,596,360.~~. 15, ,050,000 27,700,092j -~ ~--~--~ 15,000J 8,445,000 14,726,472 -~ ~-- r- -~ 15,000 8,640,000 17,117,652 15,000 9,750,000 ' 20,303,760 15,000 3,780,000 26,043,792 ~---~ ,000 6,495,000 24,126, ,000 31,350,000 38,198,316 ~ ~ 15,000 25,665,000 42,817,704 15,000 29,760,000 88,859,604._- 482,949, ~~ NPC - NORTH POWER JONT-STOCK COMPANY 86

88 Rural energy Project - Additional Financing - Phase 1 Yen Bai province Management: Management Cost for staff of PMB and CRCs include: physical basis, salary and allowance for administrative organizat~on. The local PMB and CRC shall be undertaken many worrks during the project implementation and only some members will be constracted to work for a certain period of time. The staff is as follows: PMB Provincial CRC Districts' erc CPCs Training, workshop. information campain 2 staff x 3 month = 1 staff x 3 month = (lx8) staff x 3 month = (lx28) staffx 3 month = Total: 6m/m 3m/m 24m/m 84m/m 117m/m One intermadiate training course and one primary training courseare proposed to be organised right at the beginning of the RP implementation and one workshop is proposed to be held at the commencement of actuaal payment of compensation. Training course and workshop will be held in Yen Bai province dtiing 1-2 days. Total cost of training course and workshop: 220,000,000 VND (nclude: Tas, documentations, administration fees) Monitoring The independent external monitoring of RP implementation is estimated at about 2% of total cost of compensation and RP preparation. The interested independent external monitering agency will prepared the technical and financial proposals for diding and actual cost will be decided through procurement for independent monitoring agency Contigent The rate for contigency is estimated about 20 % total cost of compensation and RP preparation and implementation. NPC NORTH POWER JONT-STOCK COMPANY 87

89 Rural energy n Project - Additional Financing Phase 1 - Yen Bai province Total cost for RP impementation Table Total cost/or RP implementation Unit price: VND 1 2 Components Preparation of RP anddms. nitial stage (preparation of RP) mplementation stagen (DMS) Compensation and rehabilitation Permanent productive land acquisition Compensation for trees/crops Arnoun EVN 371,405, ,405, ,405,545_..,-i _< 71,405,545 i -i 300,000, ,000,00~ 653,944, ,944, ,995, ,995,086! 482,949, ,949,084 ~J Management cost 320,000, ,000, Management 220,000, ,000, Traning, workshop, and information compain! _1_00_,_00_0_'0_ _00_,000,000 ::~itdring cost ~ 2% (1 +2) 20,506,994 ' 20,506,994 i Contingency = 20% (1+2) 205,069, ,069, ~~ ~ ~ Total ( ) 1,570,926,652 1,570,926,652 NPC NORTH POWER JONT-STOC( COMPANY 88

90 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province CHAPTER 10 : DSCLOSURE Draffs of Policy Framework and Entitlement Matrix have been disclosed at the People's Committee of 17 communes be long to 8 local administrative district of Yen Bai's Project areas. Draft of has been sent to the office of Provincial People's Committee and WB' VDC centure in Hanoi, Vietnam. The final RP will be approved by the WB and Provincial People's Committee. NPC - l"orth POWER JONT-STOCK COMPANY 89

91 Rural energy Project - Additional Financing - Phase 1 - Yen Bai province 1. The map of project 2. Entitlement Matrix 3. Sample MV lines and substationlocation ~~mple~! minutes of community me_e_ti_n..;:;g,-s~ ~~ ~ 5. Sample of questionnaire _6. Sample of Pamphlet of house (Vietnam Construction Standards) 8. HHs affected by the project 9. Policy framework -_-L- -_~ ~_ NPC - NORTH POWER JONT-STOCK COf'vlPANY 90

92 Rural energy Project - Additional Financing - Phase 1 Yen Bai province ANNEXl THE MAP OF PROJECT NPC - NORTH POWER JONT-STOCK COMPANY 91

93 VUNG Dl)' AN (PROJECT AREA) ~~ --=:T)! : \.. \ ; l... CHE " c.\ OL \,, '{...(,,,, 1'... ~... ~ GH CHO (LEGEND): Xa tham gia dl,f an (Project Communes) 1 2 J 4 S ~ ,. -.- / T..l.Nghla~ P. PUli P.TlUng~ P TanAn P. duthia H. VlnChin. l.d, TwM~ ~ Khu baov~ (Protected Area) Ranh giai tinh (District Border)