VIE: Power Transmission Investment Program, Tranche 2 220kV Cau Bong-Duc Hoa Transmission Line

Transcription

1 Social Monitoring Report Semi-Annual Report Jun-Dec 2014 VIE: Power Transmission Investment Program, Tranche 2 220kV Cau Bong-Duc Hoa Transmission Line Prepared by the Southern Power Projects Management Board for the National Power Transmission Corporation and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 NATIONAL POWER TRANSMISSION CORPORATION SOUTHERN POWER PROJECTS MANAGEMENT BOARD Project Number: Period: Jun-Dec, 2014 SEMI-ANNUAL INTERNAL MONITORING REPORT ON IMPLEMENTATION OF RESETTLEMENT PLAN POWER TRANSMISSION INVESTMENT PROGRAM - TRANCHE 2 PROJECT: 220KV CAU BONG - DUC HOA TRANSMISSION LINE HO CHI MINH CITY, January 2015

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

4 Table of Contents PART I - INTRODUCTION Project Description Project Impacts Progress of the Project Implementation Progress of the Project Construction Progress of RP Implementation Safeguard Policy and Human Resources Project Policy and Compliance with Government s Regulations and ADB s Requirements Monitoring team PART II - IMPLEMENTATION OF SAFEGUARD POLICY Public Consultation, Participation, and Information Disclosure Detailed Measurement Survey and Entitlement Compensation Payment and Assistance Compensation Payment and Assistance for AHs Compensation Payment and Assistance for Relocated HHs Other Support for Severely AHs and Vulnerable Groups Land acquisition Issue Concerning Gender and Ethnic Minority Grievances Redress Mechanism PART III - MONITORING Internal Monitoring Monitoring the Compliance of RP Implementation PART IV - CONCLUSION AND RECOMMENDATION Conclusion and Recommendation Conclusion Recommendation Plan for the Next Period ii

5 Tables Table 1: Location of points... 2 Table 2: Transmission Line Components... 2 Table 3: Project Impacts... 3 Table 4: Construction works up to December Table 5: RP implementation progress up to December Table 6: Members of monitoring team Table 7: Dates of public consultations on updated RP Table 8: Amount of advance payment for tower construction Appendices Appendix 1. Project Impacts Appendix 2. Progress on RP implementation Appendix 3. Project Entitlement Matrix Appendix 4. Information Disclosure for the RP Appendix 5. Public Information Booklet Appendix 6. Public Consultation Meeting Minutes Appendix 7. List of Participants in Public Consultation Meetings Appendix 8. Some pictures from Public Consultation Meetings Appendix 9. Samples of receipt of advance payments iii

6 PART I - INTRODUCTION 1. Project Description 1. The Cau Bong - Duc Hoa 220 kv Transmission Line Project is for Tranche 2 of the Power Transmission Investment Program of the Government of Vietnam (GOV). The Project is designed to: (i) improve system stability and security, and improve the reliability of power supply in Southern Viet Nam; and (ii) enable evacuation of electricity to load centres from the both the planned public sector and private sector financed thermal power plants in southern Viet Nam. The Projects shall be financed through the Multi-Financing Facility (MFF) of Asian Development Bank (ADB). The National Power Transmission Corporation (NPT) is the Project executing agency (EA) while the Southern Vietnam Power Projects Management Board (SPPMB) is the implementing agency (IA). 2. The Project will: (i) improve system stability and security, and improve the reliability of power supply in the north-western region of Ho Chi Minh City; (ii) enable evacuation of electricity to load centers from the both the planned public sector and private sector financed thermal power plants in southern Viet Nam; and (iii) reinforce the transmission system in southern Viet Nam to be able to import power from Cambodia in The updated RP contains the policies, guidelines and administrative processes and procedures which the National Power Transmission Corporation (NPT) commits to the Asian Development Bank (ADB or the Bank) that these will be complied with during Project implementation. This updated RP is consistent with the prescription in the Resettlement and Ethnic Minority Development Framework (REMDF) prepared for PPTA 7242-VIE: Power Transmission Investment Program (or the Program), the relevant legislation being enforced by the Government of Vietnam (GoV), and the 2009 Safeguard Policy Statement (SPS) as well as the other cross-cutting social policy themes of ADB. The whole package of the Program comprises the Tranche 2 which shall be funded through the Bank s Multi-tranche Financing Facility (MFF). 3. The Cau Bong - Duc Hoa 220 kv Transmission Line (TL) Project has a total length of km. It will start in Nhuan Duc Commune of Cu Chi District, Ho Chi Minh City and end in Duc Hoa Substation of Tan My Commune, Duc Hoa District, Long An Province. A double circuit connection will be created between the Cau Bong 220kV Substation which the World Bank (WB) will partly finance and the new substations at Cu Chi (to be financed by the Ho Chi Minh Electricity Supply Company) and the Duc Hoa 220kV Substation in neighbouring Long An Province (to be partly financed by JICA). The corresponding TL will partly use the right-of-way (ROW) of the existing 110kV Phu Hoa Dong - Trang Bang TL and partly the ROW of the 110kV Tan Phu Trung Industrial Park TL. These existing 100kV TLs will be dismantled on that section of the ROW used by the new Project and the corresponding 110kV circuits will be relocated on the new TL. Cau Bong - Duc Hoa 220kV Transmission Line Project 1

7 Table 1: Location of points No. Starting ending point City/ Province District Commune Length (m) 1 G3.11-G4.1 Ho Chi Minh 2 G4.1-G4.1A Ho Chi Minh Nhuan Duc, Trung Lap Ha 125 1,163 3 G4.1A-G4.1B Ho Chi Minh Nhuan Duc G4.1B-G4.1C Ho Chi Minh G4.1C-G4.1D Ho Chi Minh Nhuan Duc, Trung Lap Ha 3,559 6 G4.1D-G4.2 Ho Chi Minh Cu Chi Trung Lap Ha G4.2-G4.3 Ho Chi Minh Phuoc Hiep 1,760 8 G4.3-G4.4 Ho Chi Minh Phuoc Thanh G4.4-G4.5 Ho Chi Minh G4.5-G4.6 Ho Chi Minh 1,145 Thai My 11 G4.6-G4.7 Ho Chi Minh 323 Subtotal , G4.7-G4.8 Long An 2, G4.8-G4.9 Long An 834 Duc Hoa Tan My 14 G4.9-DC Long An DC-220kV Long An 70 Subtotal ,296 TOTAL , The Transmission Line (TL) Components in Ho Chi Minh City and Long An Province has a total length of km in which technical requirements are itemized in the table below. Table 2: Transmission Line Components Transmission Line Components Technical Specifications Length of transmission line (in km) Starting point G Ending point DC-220kV Width of Right-of-way Width of Earth Grounding Zone Voltage level 11 m on both sides of the centreline 19 m from 11th m of the centreline 220 kv and 110kV Number of circuits 4 Cau Bong - Duc Hoa 220kV Transmission Line Project 2

8 Conductor Earth wire Number of Optical ACSR795MCM (Cuckoo) OPGW-120 & PASTEL fibres Number of Suspension Towers 26 - Height of Suspension Towers 43.5 m (average) but highest is Area required/suspension tower 350 m² Number of Tension Towers 17 - Height of Tension Towers 51 m (average) but highest is Area required/tension tower m² 5. Land will be required for the following based on the above technical requirements: (i) right-of-way; (ii) suspension towers; and, (iii) tension towers. No land is required for the earth grounding zone because this is a 220kV TL and subject to a range of conditions. Houses and other physical structures need not be relocated outside what is termed in Decree 14/2014/NP-CP dated 26th February 2014, the power transmission safety corridor. However, they have to be earthed if metal structures also constitute a portion of the physical structure or fireproofed if made of combustible construction materials. 2. Project Impacts 6. Results of Detailed Measurement Survey (DMS) showed that the implementation of the Project will cause land restrictions and acquisition in six (06) communes, of which five (05) communes belong to Cu Chi District, Ho Chi Minh City namely Nhuan Duc, Phuoc Hiep, Trung Lap Ha, Phuoc Thanh and Thai My, and one (01) commune of Tan My belongs to Duc Hoa District, Long An Province. Table 3: Project Impacts Province District and commune Number of AH Number of affected institution Cu Chi District Nhuan Duc commune 48 Ho Chi Minh City Phuoc Hiep commune 4 Trung Lap Ha commune 91 1 Phuoc Thanh commune 88 Thai My commune 48 1 Long An Province Duc Hoa District 11 Tan My commune 11 Total Cau Bong - Duc Hoa 220kV Transmission Line Project 3

9 7. There are 290 households (1,189 persons) and 02 organizations namely Trung Lap Ha CPC and Tam Tan Farm affected by the restrictions and land acquisition. The Project will affect 266,704.2 m² of land, of which 252,625.5 m² is covered in restriction on lands under the ROW and 14,077.7 m² of land is permanently acquired. The Project affects 89,289.1 m 2 of rice, 14,370.1 m 2 of other annual crops (maize, cucumber, cassava, etc.), 76,006 trees (including fruit trees, timbers, ornamental trees and shade trees). There are 16 houses of 14 AHs which are located under the ROW. 8. Of 290 HHs and 2 organizations affected by land acquisition, there are 87 HHs having only land affected, 174 HHs having land and crops and trees affected, 02 HHs having land, houses and other structures affected, and 28 HHs having land, crops and trees, houses and other structures affected. 9. There are not any public facilities, historical and cultural structures affected by the project implementation. 10. During the construction of towers, it required temporary access of vehicles for delivering the pre-fabricated steels, equipment, cables and utilities as well as construction materials in the work areas. As stipulated by the SPPMB as conditions in the contract with contractors prior to the award of civil works contracts, to temporary borrow the work area for construction, the contractors had negotiated with the AHs with the participation of representatives of SPPMB and CPCs and paid compensations for temporary losses of the AHs (the majority of paddy fields). The contractors were also required to restore the work areas to its original condition, or better, prior to their return to land owners. 11. However, losses made by these temporary impacts even after the stage of tower construction have not been fully and adequately paid and borrowed land was not fully restored as the prior construction condition. The work of construction monitor is not given full attention so that the restoration of temporarily borrowed land could not be done timely and satisfactorily. This is seriously considered by SPPMB and SPPMB requested the contractors together to work with the AHs for providing adequate compensation and restoring to prior condition of land for land owners. 3. Progress of the Project Implementation 3.1 Progress of the Project Construction 12. There are three contractors carrying out the construction for the Cau Bong - Duc Hoa 220kV TL project that are the Song Da Joint-venture 11; Song Da Co. Ltd. 11 Thang Long and IEC. 13. In order to ensure the construction progress of the towers, for this period, the contractors have fastened almost construction items of the construction activities of both projects include excavation of towers foundation and tower erection. 14. The construction works of the Cau Bong - Duc Hoa 220kV TL was commenced in December 2013 and expected to be completed in March As the construction and installation progress, up to the end of December 2014, the works carried out have been under the planned progress as table below. Cau Bong - Duc Hoa 220kV Transmission Line Project 4

10 Table 4: Construction works up to December 2014 Item Activities Unit Design volume Construction volume Completion rate 1 Foundation excavation tower foundation % 2 Foundation concretion tower foundation % 3 Backfilling tower foundation % 4 Grounding for tower tower % 5 Tower erection tower % 6 Cable stringing m 0 0% 3.2 Progress of RP Implementation 15. Except for the absence of legal title to the land as an issue in compensation, there are no longer issues between the GoV and ADB on their respective social safeguards policy. In so doing, the NPT has reconciled the provisions from the SPS 2009 and other cross-cutting policy themes of ADB, and the relevant laws of the GoV, from where the legal and policy framework for the compensation, resettlement and rehabilitation of DPs were formulated. The framework is consistent with the governing policies of the REMDF concurred by ADB and NPT that were applied in all TL projects of the Power Transmission Investment Program. 16. The Detailed Measurement Survey (DMS) has been carried out since May It is already completed in August During DMS, enumeration was conducted fully and exactly for all lost land and assets on land of the AHs and affected communities. The results of the numeration was publicly disclosed and posted on commune s office for AHs to recheck and complain for correction (if any). There is no complaint related to the results of the DMS before the update of RP/compensation options. 17. In early June 2014, resettlement consultant was mobilized for engaging in the updating and implementation of the RP. In order to carry out the updating RP, the consultant had, in close cooperation with SPPMB, conducted the field trip from 16 to 25 June, 2014 in project area. The updated RP had submitted to ADB in middle August and got approved by ADB in October 2014, 18. Plan of compensation and support have been delayed in comparison with the site clearance and construction progress as well as overall plan of the project. However, the project attempted to ensure the cleared sites for construction works. 19. To meet with the progress of the construction works, at almost all positions, the contractors and AHs have signed an agreement in which the contractor pays AHs in advance to support for their affected land and assets and get site handover for construction of tower foundation. 20. During ADB s due diligence mission review in September 2014, the corrective action plan was prepared conforming with ADB s safeguard policy principles and requirements, as followings: Cau Bong - Duc Hoa 220kV Transmission Line Project 5

11 Issues Findings Corrective Action Plan (CAP) Note/Time Information SPPMB has not SPPMB should SPPMB has conducted the Disclosure yet disclosed the request PICs and campaign of information abbreviated RPs Compensation disclosure and provided at the office of Division under safeguards documents to affected SPPMB to carry CPCs and DCARBs. The full commune/ward s out the campaign RP also provided to PCs and not yet of information DCARBs. disclosed safeguards documents DCARBs. full to disclosure conforming with requirement stated in the RPs. The abbreviated RPs in Vietnamese was disseminated to CPCs. In the end of September 2014, the first round of information disclosure campaign has been completed. Consultation and The APs have Safeguards staff Safeguard staff of SPPMB Participation been participated of SPPMB and have organized various in community PIC should consultations integrated with meetings as well continue to carry local authorities meetings enable to access out the community during the updating of RPs as with legal consultations in well as the meetings for documents on order to timely mobilizing for construction. compensation and resettlement of the Ho Chi Minh City PC. The APs also have representatives participated in district level CARBs. They have been consulted for agreement for construction before making the compensation, assistances. collect information on potential impacts by the construction before the compensation payment. The consultation activities for updated RP should be soon implemented. SPPMB also requests its staff and PIC concentrate on AHs with agreement for construction in advance in order to closely monitor the potential impacts caused by the land acquisition before the payment of compensation and timely report to SPPMB to take actions to those impacts. The monitoring activities have been continuously done until the completion of RP implementation. Cau Bong - Duc Hoa 220kV Transmission Line Project 6

12 Women have been participating in community meetings and presented in DCARBs. Compensation The compensation It is necessary to SPPMB is strengthening the and Assistance and assistance carry out the cooperation with DCARBs in activities for AHs calculation and finalizing the price have not been prepare th assessment and valuation done as it is compensation and compensation option. As necessary to apply options for AHs. per RP, compensation option the new policies. These options once approved will be However, the should be made publicly posted at CPC advance publicly for getting offices and a copy to head of payments to AHs feedbacks from village for the APs to easily as agreed had APs. The advance access. been done by contractors. amounts of money for the households should also clearly stated in the compensation options of every individual AH and the price rate applied should based on replacement rate proposed in the RCS report and should not be In the sheet of compensation option of every households, the amount of advance payment will be clearly stated. Safeguards of SPPMB and PIC take this responsibility to monitor this process. The notification and disclosure of compensation option will be carried out right after the completion of pricing and calculation and approval. lower than the rate negotiated with AHs. Grievance At present there is SPPMB and PIC GRM has been disclosed Redress no complaint in should cooperate with the APs during the Mechanism existence. The with DCARBs and consultations after the grievance redress CPCs to disclose updated RPs approved. mechanism, and explain about Besides, SPPMB had however, has not the GRM during requested CPCs and DPCs been disclosed. the provide information and Cau Bong - Duc Hoa 220kV Transmission Line Project 7

13 implementation of RPs. records on complaints and resolutions per monthly basis. Safeguard staff of SPPMB and PIC have responsibility to ensure that the information provision on grievance redress from district and commune levels is thoroughly done, and participate in the resolution process according to local authority s requirements. 21. For the Cau Bong - Duc Hoa 220kV TL, the RP is carried out following its steps conformed to the project s policy, and the progress of RP implementation is as table below. Table 5: RP implementation progress up to December 2014 RP Implementation Activities Ho Chi Minh City Cu Chi Dist. Long An Duc Hoa Dist. Nhuan Duc Phuoc Hiep Trung Lap Ha Phuoc Thanh Thai My Tan My Information Disclosure and Public Consultation 100% 100% 100% 100% 100% 100% Detailed Measurement Survey 100% 100% 100% 100% 100% 100% Preparing Compensation Plan 100% 100% 100% 100% 100% 100% Consulting and Counseling with the APs on compensation plan Finalizing the Compensation Plan and submit for approval Compensation Plan verifying and approval 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 0% 0% 0% 0% 0% 100% Compensation Payment 0% 0% 0% 0% 0% 42%* Site Clearance 0% 0% 0% 0% 0% 0% Independent Monitoring ** First monitoring Note:* Duc Hoa DPC issued the Decision No.5554/QD-UBND dated June 30, 2014 approving the Compensation Plan of the Cau Bong - Duc Hoa 220kV TL Project through Tan My commune. Total AHs are 11 HHs and 01 organization. 5/11 HHs received payment for compensation and support (one affected by ROW and four by Cau Bong - Duc Hoa 220kV Transmission Line Project 8

14 towers - No.40, 41, 42, 43). Till now, six HHs and one organization have not received payment yet waiting for the Long An PPC s decision on the rate of supports for land use restriction under the ROW. ** NPT was recruiting a firm for the service of independent monitoring. Short list of applicants submitted to ADB for No objection letter. The firm will be mobilized soon after ADB s approval and will commence the First Monitoring in January Safeguard Policy and Human Resources 4.1 Project Policy and Compliance with Government s Regulations and ADB s Requirements 22. The NPT has reconciled the provisions from Safeguard Requirement 2: Involuntary Resettlement of the SPS 2009 and other cross-cutting policy themes of ADB, and the relevant laws of the GoV, from where the legal and policy framework for the compensation, resettlement and rehabilitation of DPs were formulated. The framework is consistent with the governing policies of the REMDF concurred by ADB and NPT that will be applied in all TL projects of the Power Transmission Investment Program. 23. The ADB Safeguard Policy Statement (2009) consolidates three existing safeguard policies: Involuntary Resettlement (IR), Indigenous Peoples (IP), and Environment. The objectives of the IR policy are to: (i) avoid involuntary resettlement wherever possible; (ii) minimize involuntary resettlement by exploring project and design alternatives; (iii) enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and (iv) improve the standards of living of the displaced poor and other vulnerable groups. 24. To address the discrepancies between ADB Safeguard Policy and relevant GoV regulations, the project principles on resettlement policy are as follows: a. Meaningful consultations have been carried out with the APs and concerned groups and ensure participation from planning up to implementation. The comments and suggestions of the APs and communities have been taken into account; b. The RP is disclosed to APs in a form and language that understandable to them; c. Involuntary resettlement and impacts on land, structures and other fixed assets are avoided or minimised where possible; d. Compensation and assistance is based on the principle of replacement cost; e. Severely affected household is entitled when they are losing 10% or more of the household s productive land; f. Special assistance has been incorporated in the resettlement plan to protect socially and economically vulnerable groups such as households headed by women, children, disabled, the elderly, landless and people living below the provincial poverty line; g. Gender concerns are incorporated through RP implementation; Cau Bong - Duc Hoa 220kV Transmission Line Project 9

15 h. Reporting and independent monitoring is defined as a part of the subproject management system. Periodically independent monitoring on implementation of RP has been implemented. 25. Since the 1 st July, 2014, the updated and amended compensation and resettlement policy of the Government of Vietnam had been entered into force which are applied in the implementation of the updated RP include: (i) The newly revised Land Law 2013 No.45/2013/QH13 dated November 29 th, 2013; (ii) (iii) (iv) (v) Decree No.43/2014/ND-CP dated May 15 th, 2014 guiding the implementation of the Land Law 2013; Decree No.44/2014/ND-CP dated May 15 th, 2014 regulating land price; Decree No.45/2014/ND-CP dated May 15 th, 2014 regulating collection of land use levy; Decree No.47/2014/ND-CP dated May 15 th, 2014 on compensation, assistance, rehabilitation and resettlement in the event of land recovery by the State. 26. At the national level, however, policy framework on land acquisition, compensation and resettlement came into force, the provincial level decision guiding the implementation of the Land Law as well as provisions on compensation, support and resettlement at province level by Ho Chi Minh City People s Committee are going on. This process of preparing a decision of the City PC is taking time and that leads to the delay of issuing the compensation plans and compensation payment. 27. Details of project policy for compensation and allowances are indicated in the Entitlement Matrix (see Appendix 3). 4.2 Safeguards team 28. Monitoring and evaluation the implementation of compensation and assistance activities is continuously conducted to ensure that activities have been carried out effectively and sufficiently as per the RP and mitigation measures of the project. 29. The NPT and the SPPMB have joint responsibilities in the internal monitoring of the RP implementation with results will be reported to ADB on quarterly basis. All activities in resettlement are time bounded and the progress of implementation will be obtained by SPPMB from the field on monthly basis and transmit them to the PICs for its assessment, and adjust the work program if necessary. The monthly internal monitoring reports will cover those related to performance indicating the measurement of input indicators against proposed timetable and budget including the provision and physical delivery of compensation, repair of houses and structures and assistance to APs, including grievance and redress, among others. 30. SPPMB had assigned a full-time team allocated from its Compensation Department for supervising and implementation of the RP. Compensation Department has assigned tasks to support the Director Board on the implementation of compensation, land clearance, resettlement and environmental impact assessment. It has a total number of 22 staff Cau Bong - Duc Hoa 220kV Transmission Line Project 10

16 specializing in both resettlement and environment aspects. For this project, five persons are frequently involved in the assigned works. 31. In addition, in June 2014 two consultants (resettlement and environment) were recruited and mobilized on intermittent basis to support the implementation of project s resettlement and environment safeguard policy. PICs closely work with safeguards team under SPPMB in the implementation of RPs. The resettlement consultant has assisted SPPMB team to: (i) (ii) (iii) (iv) (v) (vi) Continue undertaking the consultation and disclosure programs. Ensure that options or agreements reached with affected people (APs) in terms of replacement of assets, i.e. cash or in-kind are provided in a timely manner. Establish and implement liaison mechanisms to ensure proper technical and logistical support to SPPMB and DCARBs, as well as procedures for a centralized resettlement and social management information system and internal monitoring. Assist in the implementation of all resettlement activities, and ensure that the terms of references are properly and effectively achieved. Review and assess grievance redress mechanism and ensure that the responsibilities, reporting requirements, and budget allocation to support the committee's functions are in place. Carry out on-the-job training on consultation and grievance mechanism strategies to SPMB, CARBs and mass organizations, so they will be able to provide correct and clear information and culturally appropriate support to affected persons. Assist in the preparation of quarterly progress and internal monitoring reports to be submitted to NPT and then forwarded to ADB. Table 6: Members of monitoring team No. Name Position Responsibility 1 Mr. Nguyen Hai Dang 2 Mr. Le Tuan Anh 3 Mr. Phan Van Tranh 4 Mr. Le Trong Man Head, Compensation Dept. Deputy head, Compensation Dept. Expert, Compensation Dept. Expert, Compensation Dept. Overall management of RP implementation of the project Supervising and reporting the progress of RP implementation of the project Supervising and reporting the progress of RP implementation of two subprojects Supervising implementation of RP 5 Mr. Nguyen Huynh Duc Tuan Expert, Compensation Dept. Supervising implementation of RP 6 Mr. Le Trung Thong Resettlement Consultant Support SPPMB in the implementation of resettlement safeguard policy Cau Bong - Duc Hoa 220kV Transmission Line Project 11

17 No. Name Position Responsibility 7 Mr. Duong Dinh Dung Environmental Consultant Support SPPMB in the implementation of environmental safeguard policy Cau Bong - Duc Hoa 220kV Transmission Line Project 12

18 PART II - IMPLEMENTATION OF SAFEGUARD POLICY 1. Public Consultation, Participation, and Information Disclosure 32. In compliance with GoV s Land Law 2013 (Article 48, Article 67, and Article 69), SPS (2009) and ADB s Public Communication Policy: Disclosure and Exchange of Information (2011), the SPPMB, as representative of NPT in Southern Vietnam, promotes the active participation of the Project-based stakeholders. They have been identified during the series of disclosures and public consultations at district, commune and village levels, involving stakeholders such as the District level CARBs, CPCs, mass organizations, non-ap residents, and the APs. 33. The disclosure of information, with the consultation and participation of all APs and relevant stakeholders, will help minimize the risk of disputes and Project delay. This also facilitates the Project to design resettlement and rehabilitation program as a comprehensive development program that meets the needs, preferences and social benefits of the project investment. Information disclosure will also be done throughout project cycle with the updated policies. 34. After the updated RPs approved by ADB in October 2014, the updated RPs have been provided to relevant stakeholders and posted in public in order to ensure involving stakeholders such as the District level CARBs, CPCs, mass organizations, non-ap residents, and the APs be fully informed and understood and to implement the RPs conforming project s policies and regulations. The evidence of this activity can be referred in Appendix 4, Appendix 6, Appendix 7, and Appendix The Project PIB was also distributed to the AHs, in which the following information included (i) a brief background of the Project, especially the main works to be undertaken and the scale of land acquisition; (ii) impacts on land and on-land assets; (iii) the entitlements due to affected land and assets; (iv) detailed plan of implementation of compensation, assistance and resettlement payments; (v) grievance redress mechanism; and (vi); contact list of persons of EA and local authorities to ensure the grievances to be resolved timely and efficiently (see Appendix 5). 36. During the information disclosure and public consultation campaign organized from December 19 to 27, 2014 in the project communes, which are Trung Lap Ha, Thai My, Nhuan Duc, Phuoc Thanh, project implementation consultation in cooperation with SPPMB carried out intensive consultations with relevant stakeholders (CARBs, CPCs, APs) to disclose and consult the stakeholders, information disclosure are including: (i) Scope of project, right-of-way, and location of towers: AHs and local authorities were informed and understood about the importance and necessity of the project, project scope, locations of tower foundations and the ROW going through the communes. The local people and authorities are all come to common consent and support to the implementation of the project that will contribute to the development of local socioeconomic condition and national power grid development as well. Cau Bong - Duc Hoa 220kV Transmission Line Project 13

19 (ii) (iii) (iv) (v) (vi) Scope of land acquisition; alternatives of land acquisition mitigation: The project will have two types of impacts: land acquisition for construction of tower foundations and land use restriction under ROW. Potential impacts (both positive and negative) of the land acquisition on affected households/community, on culture, religion, ethnicity, and on women: For almost of AHs the land acquisition made minor impacts on their livelihood and religion. Entitlements of affected households/community; gender and ethnic minority policies and strategies: The AHs were informed and understood about the current policies and regulations of the GoV, as well as Ho Chi Minh City and Long An Province People s Committee on compensation, support and resettlement, and their entitlements and obligations during the implementation of the project. Income restoration activities for severely affected households, and vulnerable groups: No severely AHs is in existence so income restoration activities are not required. Procedures and action plan for compensation payment, support and resettlement: The procedures and plan for the implementation payment for compensation, support and resettlement must be publicly disclosed to all AHs to know to strictly implement and monitor according to project policies and entitlements. (vii) Grievance redress mechanism: AHs were disclosed and understood about the procedures and steps of logging complaints and grievance redress mechanism by four steps based on the principles of publicity, democracy, protection of rights and interests of the APs. 37. The APs during the discussions raised their issues of concerns, mentioning about: a. In several locations, the tower foundation is too close to the houses and structures. Safety measures should be applied to protect people s life and assets. For this case, according to the Decision No.14/2014/ND-CP, if the safety distance is less than 6m, houses and structures are to be dismantled. b. The Project implementation plan, particularly compensation plan, should be informed as soon as possible so that they can prepare for themselves to repair their houses and/or to have time in collecting their agricultural products and avoid waste. c. The contractors during the construction stage have unintentionally made damages on AH s crops and trees but did not pay compensation. It is requested that the contractors must take measures implementing the environmental protection plan during construction and if they made affected the agricultural lands, they must pay compensation for the damages. d. Temporary land acquisition should be minimized to avoid great impacts to residents. In case where unavoidable, contractors must made agreement with AHs for the temporary impact and adequate payment should be made for the AHs. e. If land is acquired, compensation must be in accordance with the current government regulation and ADB policies. Cau Bong - Duc Hoa 220kV Transmission Line Project 14

20 f. For households whose houses are near the ROWs, the Project should ensure that electromagnetic field will not affect their health; otherwise they should be relocated from that area. g. The advance payment should be made with the witness of four parties (contractors, SPPMB, CPC s representatives and the APs) for the reason that the then compensation amount in case of higher or lower still ensures the legitimate entitlements of the APs. CPC shall be then certified for that payment. h. The reasonable demands of the AHs (upgrade of houses and structures, household splitting) in the remaining land area that was not acquired and/or under ROW should be considered and permitted by project and local authorities. For this case, it should be conformed to the Circular No.31/2014/TT-BCT of the Ministry of Industry and Trade regulating in detail power safety contents. i. Some AHs having land acquired for tower construction, the remaining land areas are cut in the bias, deformed, and too small that could not be further used or hard to use. It was proposed that the project should consider and work out for the acquisition of the remaining land. j. Losses made by temporary impacts even after the stage of tower construction have not been fully and adequately paid and borrowed land was not fully restored as the prior construction condition. The farmers are in the main cropping season but could not continue to do their production because excavated and filled land becomes aluminous contaminated that causes losses for the AHs. The work of construction monitor is not given full attention so that the restoration of temporarily borrowed land could not be done timely and satisfactorily. 38. The above-mentioned issues of concerns and proposals from the APs were listened and consulted by resettlement consultant and representatives of SPPMB then clearly explained and discussed at the meetings in terms of project policies, entitlements as well as obligations of the APs. Some cases with the AHs, however, the situation should be investigated in the site. The SPPMB requested contractors to be engaged together with SPPMB to work directly with the AHs at the site to resolve the problems satisfying AHs requirements and arrange the compensation at AH s satisfaction at the soonest time. Table 7: Dates of public consultations on updated RP Communes Dates of Consultations Number of Participants Total Male Female Nhuan Duc 25 December Phuoc Hiep To be held next step Phuoc Thanh 24 December Trung Lap Ha 26 December Thai My 27 December Cau Bong - Duc Hoa 220kV Transmission Line Project 15

21 Tan My To be held next step Total Public meetings and village discussions with affected households and local officials were carried out in this stage of the implementation of resettlement plan. These activities will be continued to ensure that affected households concerns and grievances are addressed and resolved in a timely and satisfactory manner. Affected households are fully aware of their rights for grievance mechanisms about any aspects of the project and they can lodge their complaints at any time during the project implementation. 2. Detailed Measurement Survey and Entitlement 40. Detailed Measurement Survey (DMS) has been carried out since May It is already completed in August 2014 and now on the process of reviewing the ownership of APs property and approval of compensation plan. During DMS, enumeration was conducted fully and exactly for all lost land and assets on land of the AHs and affected communities. The results of the numeration was publicly disclosed and posted on commune s office for AHs to recheck and complain for correction (if any). There is no complaint related to the results of the DMS before the update of RP/compensation options. 41. Up to present, the list of losses of the AHs is on the process of verification due to some adjustments of design avoiding and minimizing the possible loss for the AHs during the construction of tower foundation as well as the then cable stringing. Cu Chi district CARB is finalizing the synthesis of DMS data. Some households, however, showed their concerns about the actual affected land area as they have not received the copy of DMS. This issue was explained by representatives from CARB and the table of losses will be posted soon after the completion of verification and reviewing the ownership status. 42. Restoration of APs income. Severely affected households according to project policy will receive full assistances such as living stabilization assistance, occupation conversion assistance, and business stabilization assistance. Assistance in cash will be paid along with other compensation payments. So far, there are no AHs entitled as severely affected household. 43. The project policy recognizes specific group of AHs as vulnerable which includes (i) female headed households without support; (ii) disabled household heads; (iii) poor households; (iv) children and the elderly headed households who are landless and with no other means of support; (v) landless households; and (vi) ethnic minorities. According to Ho Chi Minh City and Long An province regulations on the poor, none of AHs was considered as vulnerable as poor HH. No household shall become vulnerable due to the land acquisition of the project. 3. Compensation Payment and Assistance 3.1 Compensation Payment and Assistance for AHs 44. Total cost for compensation and assistances for the Cau Bong - Duc Hoa 220kV TL Project is VND107,389,339,000 ($5,059,568). The calculation is based on results of the DMS Cau Bong - Duc Hoa 220kV Transmission Line Project 16

22 and RCS carried out by resettlement consultant and based on regulations on assistances as per approved REMDF. In October 2014, the updated RP have been approved by ADB. 45. Up to the end of December 2014, Long An province has paid compensation and supports for five/eleven HHs (one affected by ROW and four by towers - No.40, 41, 42, 43) in Tan My commune. In the other five communes of Cu Chi district, Ho Chi Minh city, there is no payments made for the APs. The reason is that Cu Chi DPC is waiting for the issuance of a decision replacing the out-of-force Decision No.35/2010/QD-UBND dated May 28th, 2010 promulgating regulations on compensation, assistance and resettlement when the State recovers land in Ho Chi Minh city. 46. For the Cau Bong - Duc Hoa 220kV TL, in this period the contractors have paid in advance for 14 AHs for land handover for construction of towers, with a total amount of VND210,200,000. Table 8: Amount of advance payment for tower construction No. Name Tower location Amount (VND) Commune 1 Võ Thị Thanh Thủy 38; 39 50,000,000 Thái Mỹ 2 Võ Thị Điệp 25 3,000,000 Ph ớc Thạnh 3 Đỗ Văn Minh 22 4,000,000 Ph ớc Thạnh 4 Hồ Văn L ợm 08 35,000,000 Nhuận Đức 5 Nguyễn Văn Sủa 07 5,640,000 Nhuận Đức 6 Trần Văn Nhuận 04 20,000,000 Nhuận Đức 7 Trịnh Văn Rẫy 14 15,000,000 Trung Lập Hạ 8 Võ Trung Tâm 19 12,000,000 Ph ớc Thạnh 9 Nguyễn Văn Út 07 9,000,000 Nhuận Đức 10 Phạm Văn Liêm 07 6,560,000 Nhuận Đức 11 Võ Văn Chánh 07 15,000,000 Nhuận Đức 12 Hà Văn ng 07 15,000,000 Nhuận Đức 13 Phạm Thị Thủy 21 10,000,000 Ph ớc Thạnh 14 Nguyễn Thị Kỉa 21 10,000,000 Ph ớc Thạnh TOTAL 210,200, Compensation Payment and Assistance for Relocated HHs 47. No one needs to be relocated due to the project implementation. It, therefore, is not necessary to establish resettlement site neither support for relocated HHs. 3.3 Other Support for Severely AHs and Vulnerable Groups 48. DMS found that there is not any AH entitled as severely or vulnerable groups. Cau Bong - Duc Hoa 220kV Transmission Line Project 17

23 4. Land acquisition 49. The results of the DMS indicated that there is no AP has to be relocated. Since the updated RPs have been approved, the land acquisition activities are implemented based on agreement between AHs and contractors for handing over land in advance for tower foundation construction. AHs were paid compensation in advance and land handed over to contractors. 50. Up to the end December 2014, although compensation plans are not approved yet, almost land areas acquired for tower construction have been handed over to the contractors for tower construction. It is expected in the first month of the first quarter of 2015, the compensation plans will be approved so the AHs whose lands acquired could be paid in full compensation and supports for their losses. 5. Issue Concerning Gender and Ethnic Minority 51. The results of the DMS found that more than 30% headed households are female for both TL projects. Women play an important role in implementation of RPs as they have actively participated in decision making of their household and community, as well as the supervision of the project implementation activities. Women involve not only in domestic works but also in income generation and local associations activities. In general, it is found that there is no severe issue on gender of affected households. 52. Women are encouraged to participate in all project activities and play higher role in making family and community important decisions. The percentage of women participated in consultation meetings accounted for more than 30%. Especially, during the process of public consultations with the APs, female APs raised their voice, actively engaged in and fulfill their rights to be free and prior informed, actively involved in discussion and making decision, and monitoring and evaluation of all project activities. 53. There is not any ethnic minority household affected by the projects. 6. Grievances Redress Mechanism 54. The grievance redress mechanism established to settle complaints and denunciations on the land acquisition and compensation in a timely manner. Complaints and grievances related to any aspects of the project are handled through negotiation, aiming at achieving mutual agreement. 55. The People Committees at all levels have responsibilities for receiving and resolving complaints in the level order. Grievances redress mechanism was established following three stages at CPC, DPC and PPC levels. In case complaints are not resolved at these three levels, the people s courts shall be responsible for the decisions and handling of complaints. Up to date, there are no complaints received as noted by relevant agencies. 56. During the information disclosure and public consultation campaign, the resettlement consultant and SPPMB disclosed to the AHs for them to understand about the procedures and steps of logging complaints and grievance redress mechanism by four steps based on the principles of publicity, democracy, protection of rights and interests of the APs. There are some AHs complain about some issues such as: Cau Bong - Duc Hoa 220kV Transmission Line Project 18

24 (i) (ii) (iii) The AHs are waiting for long time (4-6 months) but the compensation for losses of land and assets have not been paid since land handed over to the contractors. For this case, it is because that Ho Chi Minh City People s Committee has not promulgated the guiding decision on compensation, support and resettlement so that the compensation plan could not be approved. On the project owner side, SPPMB representatives explained that they will do their as much as possible actions to urge the process and will propose to NPT for directing to solving the issue. The amount of money for temporary borrowing the land for construction (access road to tower location, excavated area) paid unevenly among AHs with the same affected area, type of land, crops and trees that resulted to compare enviously. For this case, SPPMB right after this with the every individual AHs will work with contractors at the site to solve the issue. If any, contractors are requested to do land refill and other actions to ensure land is cultivable. Temporary impacts during the construction (on land, crops and trees) some cases did not compensated adequately by the contractors. Moreover, the restoration of land condition in some tower points did not strictly undertaken that caused difficulties for the AHs to restore their land condition or should take long time. For this case, SPPMB right after this with the every individual AHs will work with contractors at the site to solve the issue. Contractors should negotiate with AHs for agreed solutions. 57. The above-mentioned issues were answered by consultants and SPPMB, while agreed with the APs about the work-plan for four parties (SPPMB, contractors, CPC and AHs) to strictly resolve APs concerns and requirements. Cau Bong - Duc Hoa 220kV Transmission Line Project 19

25 PART III - MONITORING 1. Internal Monitoring 58. The SPPMB conducts internal monitoring of RP implementation and results of the internal monitoring are reported on quarterly basis to NPT and ADB. Internal monitoring activities are periodically carried out by SPPMB staffs to ensure the implementation of RP is on the right direction and any problems/issues that may be occurred, including complaints of the AHs shall be timely resolved. 59. The semi-annual monitoring report is prepared summarizing all activities relevant to the implementation of RP done during the six month period in compliance with the ADB requirements. This report incorporated monitoring results for the period from June to December 2014 to report the situation has been implemented and tasks taken to improve the situation, where needed. Related information has been collected monthly from the field to assess the progress of RP implementation and then consolidated. 60. SPPMB s consultant has periodically conducted field visits to project affected communes. Field surveys carried out during this period to (i) collect information on the opinions and the needs of AHs regarding the policy of the project; (ii) support in implementation of public consultation and information disclosure; (iii) collect and review grievance redress; (iv) coordinate with contractors of construction to ensure that allowance for temporary affected assets due to construction work is taken into account. Working with stakeholders such as CPCs, DCARBs, mass organizations, and in-depth interviewing APs has been applied to achieve the monitoring target. 2. Monitoring the Compliance of RP Implementation 61. In addition to the internal monitoring taken by the SPPMB, it is always required to have a different objective information channel independently. The key objective of external monitoring is to determine whether NPT/SPPMBs efforts on RP implementation have been properly conceived and executed consistent with the agreed actions in the RP. The external monitoring will verify in the filled-up DMS questionnaire and asset compensation forms (ACF) that all affected losses of APs, have been satisfactorily compensated and rehabilitation and transition assistance have been provided with. It will also ascertain whether the entitlements were adequate in meeting the objectives, and whether the objectives were suited to APs. 62. External monitoring agency has not been mobilized in this period. Cau Bong - Duc Hoa 220kV Transmission Line Project 20

26 PART IV - CONCLUSION AND RECOMMENDATION 1. Conclusion and Recommendation 1.1 Conclusion 63. The project implemented in Ho Chi Minh city where there is a big obstacle delaying the progress of compensation, support and land clearance that Ho Chi Minh city People s Committee until present has not issued yet a decision on compensation, support and resettlement as well as guidance on appraisal and approval of unit prices for compensation and supports conforming the Land Law 2013 and relevant Decrees on compensation and land clearance. 64. Hence the appraisal of land and asset prices carried out by districts for submitting the City s Compensation Appraisal Committee before submitted to City s People s Committee for approval. Up to now, City s People s Committee is still on the way for promulgating the guidance on execution. 65. The DMS has been completed. At present, district s division of natural resources and environment is determining the legal ownership, reviewing the origin of land title and relevant legal documents for formulating the compensation plan. As this work takes long time, SPPMB in order to keep the project progress, has in cooperation with the contractors worked with DPCs and CPCs for negotiating with APs for implementing the construction in advance. 1.2 Recommendation 66. In order for the work of compensation, support and resettlement for the APs of the project to complete timely and efficiently, it is recommended that: (i) (ii) (iii) Ho Chi Minh City should as soon as possible promulgate the policy and guidance on compensation, support and resettlement over the city, to make it as a foundation for DPCs to formulate, appraise and approve the compensation plan, in the meantime direct, supervise and speed up Cu Chi DPC accelerate the work of verifying land origin and taking prompt actions in implementation of directing documents of City departments and City People s Committee. In case where till the end of January 2015 the Ho Chi Minh city People s Committee could not promulgate the policies and guidance, SPPMB should recommend the NPT to direct for the implementation of necessary procedures for paying in advance for compensation and support for the APs. The argument is that if the compensation payment continues to be delayed so the cable stringing will not be carried out that results in the delay of the whole progress of connecting power and put the work into operation as expected time. Staff from districts CARBs and communes cadastral staff should be fully understood and skillful and further trained about the policies and regulation of ADB SPS Cau Bong - Duc Hoa 220kV Transmission Line Project 21

27 2. Plan for the Next Period 67. Compensation plans have been reviewed and soon be approved by local authorities for almost of AHs. Compensation payment, along with allowance in cash, will be paid soon in the next period. 68. Information dissemination, community consultations will be continuously conducted by consultant, SPPMB, DCARB along with communes to ensure timely inform to APs about project implementation activities and resolve any complaints raised. 69. SPMB is to push up the payment of compensation and supports before cable stringing to ensure the project progress. 70. Resettlement consultant in coordination with SPPMB will organize a training for staff from districts CARBs and communes cadastral staff to do presentation on ADB SPS 2009 and requirements for them in the implementation of project s compensation and resettlement activities. Cau Bong - Duc Hoa 220kV Transmission Line Project 22

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

29 Appendix 2. Progress on RP implementation Status of compensation plan till December 2014 Project information Detailed Measurement Making compensation Verify and approve the Compensation Province District Commune dissemination Starting Finishing Survey Starting Finishing plan Starting Finishing compensation plan Submittin Date of payment Starting Finishing date date date date date date g date approval date date Nhuan Duc 28/11/ /6/ /6/2014 Ho Chi Minh city Cu Chi Phuoc Hiep 29/11/ /6/ /6/2014 Trung Lap Ha 28/11/ /6/ /6/2014 Phuoc Thanh 29/11/ /6/ /6/2014 Thai My 29/5/ /6/ /6/2014 Long An Duc Hoa Tan My 28/11/ /6/ /6/2014 Situation of complaint till December 2014 Communal Level District Level Compensation Committee Provincial Level Court Affected commune No. of HHs Complained No. of HHs satisfactoril y resolved No. of HHs Complained No. of HHs satisfactoril y resolved No. of HHs Complained No. of HHs satisfactoril y resolved No. of HHs Complained No. of HHs satisfactoril y resolved No. of HHs Complained No. of HHs satisfactoril y resolved Nhuan Duc Phuoc Hiep Trung Lap Ha Phuoc Thanh Thai My Tan My Cau Bong - Duc Hoa 220kV Transmission Line Project 24

30 Appendix 3. Project Entitlement Matrix No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues I. LAND I.1. Agricultural Land 1 Productive Land Partially Owners with LURC, a. Cash compensation for acquired land at + AHs to be notified at least 90 days (for permanently acquired affected (less or in the process of replacement cost at current market rates for agricultural land) and 180 days (for non- than 10% of acquiring LURC and affected portion; agricultural land) prior to land acquisition the total productive land holding) owners eligible to acquire LURC according to Government policies b. Entitled to allowance for vocational trainings career change and job seeking in cash not exceed 5 times of the affected land value. (Land Law Article 67). + Full payment for AHs at least one (01) month before site clearance. (60 HHs) 2 Restrictions on land Partially All AHs have a. No compensation for land; + SPPMB and DCARB guide the AHs to use in ROW and/or totally affected productive land in ROW (294 HHs) b. Compensation for trees and other crops at market prices; c. Support for restrictions on land use on the productive land plots adjacent to residential land; support level is not higher than 80% of the same land type s price. AHs can still use land for production but they are not allowed to use land in ROW, ensuring safety for people and construction, consistent with the Decree No.14/2014/ND-CP. + Affected land in ROW will be rehabilitated by contractors after the Project construction and land in ROW could be used with the restricted purposes. grow plant higher than 4 m. + AHs can be required to cut affected trees, timbers. The Project will pay for the cutting. 3 Temporary impacts Temporary Users of affected For land area to be temporarily used during + Land characters and quality must be loss of land land (to be construction stage: (i) rental in cash which will restored before returning to the AHs; and assets on determined during be no less than the net income that would + If the quality of land will be radically Cau Bong - Duc Hoa 220kV Transmission Line Project 25

31 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues land Project have been derived from the affected property changed when returning to the AHs, implementation) during disruption; (ii) restoration of the land requiring the AHs to change the land use within one (01) month after use; compensation purpose, then the AHs should be is paid at full replacement cost or land for compensated for all envisaged cost of land compensation if contractor fails to losses. restore the affected land within one (01) month after the use (agreement between parties will be monitored by external monitoring agency). + Contracts with the contractors should include an article regulating specifically the responsibilities of the contractors. I.2. Residential Land and/or Non-agricultural Land (e.g. commercial purpose) 1 Residential Land Partially All AHs have a. No compensation for land; Affected land in ROW will be rehabilitated and/or Nonagricultural Land in ROW and/or totally affected residential and/or non-agricultural land in ROW (7HHs) b. Allowance for purchasing fireproof materials and lightning arrestors for the existing house/structure or cash compensation at by contractors after the project construction and land in ROW could be used with the restricted purposes. replacement cost of affected house/structure; c. Support for utilization of restricted land. II. MAIN HOUSES AND OTHER STRUCTURES IN ROW II.1. Main houses 1 Main houses affected Partially Owners of the Retain houses according to the conditions The technical norms for partially or fully affected houses with or regulated by Article 13 of Decree affected house will be determined by the (affected area without acceptable No.14/2014/ND-CP, and Cash compensation DCARB with the technical assistance from less than 50% proof of ownership for directly affected parts of the houses at the District or Provincial Construction of total land over the land; with replacement cost and cost for dismantling the Department and concurred by the PDP area without or without building affected parts. during the DMS. any impact to permit (14 HHs) + The calculation of rates will be based on Cau Bong - Duc Hoa 220kV Transmission Line Project 26

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

33 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues 2 Trees and timbers Trees lost Owners regardless Cash compensation at replacement cost is + Compensation must equal in value to (fruit trees, timbers, and/or of tenure status equivalent to current market value given the trees that would be harvested had wood trees, etc.) damaged due type, diameter at breast height, age and acquisition not occurred. to location in ROW productive value at the time of compensation. + APs will be given notice at least three (03) months in advance regarding evacuation. Trees grown after issuance of the deadline will not be compensated. + AHs can be required to cut affected trees, timbers. The Project will pay for the cutting. IV. REHABILITATION ASSISTANCE IV.1. Allowance for Vocational Training, Career Change and Job Seeking 1 Households having Affected and All AHs with Assistance for vocational training, career agricultural land loss of land agricultural land change and job seeking: affected permanently acquired (290 HHs) + Cash compensation equal to 1.5 to 5 times of compensation value for affected land according to PPC s regulation. + If the AP has demand for training, he/she will be entitled to participate in a training course for free. IV.2. Allowances for houses in ROW 1 Assistance to improve Houses AHs with houses in + With houses Grade 4, allowance for At time of compensation, allowance will be house or install fire- partially or ROW (15HHs) installing fireproof materials and lightning adjusted for inflation to ensure that APs can proof materials and fully affected arrestors. do the improvement in safe manners. lightning arrestors, + With houses Grade 5, allowance for Cau Bong - Duc Hoa 220kV Transmission Line Project 28

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

35 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues 5,000,000 as per regulations of the PPC Cau Bong - Duc Hoa 220kV Transmission Line Project 30

36 Appendix 4. Information Disclosure for the RP RP Disclosure to District s Compensation and Resettlement Boards Cau Bong - Duc Hoa 220kV Transmission Line Project 31

37 Cau Bong - Duc Hoa 220kV Transmission Line Project 32

38 RP Disclosure to CPCs for posted in public Cau Bong - Duc Hoa 220kV Transmission Line Project 33

39 Appendix 5. Public Information Booklet National Power Transmission Corporation (NPT) Southern Vietnam Power Projects Management Board (SPPMB) Ho Chi Minh City/Long An Province People s Committees Cu Chi/Duc Hoa District People s Committees Cu Chi/Duc Hoa District Compensation and Resettlement Boards (DCARBs) Public Information Booklet Cau Bong - Duc Hoa 220kV Transmission Line Project I. PROJECT INTRODUCTION The two Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project and Cau Bong - Duc Hoa 220 kv Transmission Line Project are for Tranche 2 of the Power Transmission Investment Program of the Government of Vietnam (GOV). The Projects under the Program are designed to: (i) improve system stability and security, and improve the reliability of power supply in Southern Viet Nam; and (ii) enable evacuation of electricity to load centres from the both the planned public sector and private sector financed thermal power plants in southern Viet Nam. The Projects shall be financed through the Multi-Financing Facility (MFF) of Asian Development Bank (ADB). The National Power Transmission Corporation (NPT) is the Project executing agency (EA) while the Southern Vietnam Power Projects Management Board (SPPMB) is the implementing agency (IA). 1. Project Description The Cau Bong - Duc Hoa 220kV Transmission Line Project is designed to supply to 220kV Duc Hoa Substation to ensure reliable electricity supply to industrical zones in districts of Duc Hoa and Duc Hue, Long An Province and to load centres in the Northwest of Ho Chi Minh City, contribute to strenthening the connectivity capacity for power network of the region. The Cau Bong - Duc Hoa 220 kv Transmission Line Project has a total length of km, with total 43 towers, that will traverse to four communes of Ho Chi Minh city and Long An Province. Of which, 39 towers will traverse to five communes of Thai My, Nhuan Duc, Trung Lap Ha, Phuoc Thanh and Phuoc Hiep of Cu Chi District, Ho Chi Minh City and 4 towers will traverse Tan My commune of Duc Hoa District, Long An Province. Land will be required for the: (i) right-of-way; (ii) earth grounding zone; (iii) optical repeater systems; (iv) suspension towers; and (v) tension towers. 2. Scope of Land Acquisition and Resettlement The rights-of-way (ROWs) for Cau Bong - Duc Hoa Transmission Line Project shall require a total are 253,860.3 m² of land, of which 240,030.6 m² is covered in restriction on lands under the ROW and 13,830.7 m² of land is permanently acquired for permanent use of 43 suspension and tension towers. Cau Bong - Duc Hoa 220kV Transmission Line Project 34

40 The Project will impact on total of 290 affected household (AHs) who own the following affected properties: (i) 15 houses due to height limit under the ROW, (ii) 76,006 trees due to the clearing of ROWs. The AHs consist of 290 Ahs and two organizations. The affected households all belong to the mainstream society of Vietnam. No ethnic minority group shall be affected under the Subproject. II. INFORMATION REGARDING PROJECT COMPENSATION AND RESETTLEMENT POLICIES AND REGULATIONS Question 1: What is the Cau Bong - Duc hoa 220kV Transmission Lines Project? Answer: The Cau Bong - Duc Hoa 220kV Transmission Line Project is designed to supply to 220kV Duc Hoa Substation to ensure reliable electricity supply to industrical zones in districts of Duc Hoa and Duc Hue belong to Long An Province and to load centres in the Northwest of Ho Chi Minh City, contribute to strenthening the connectivity capacity for power network of the region. The Cau Bong - Duc Hoa 220kV Transmission Line Project has a total length of 13.42km, starting from G anchor tower turning from 220kV Cau Bong - Cu Chi Transmission Line to 220kV Cu Chi Substation and turn to Duc Hoa and ending at 220/110kV Duc Hoa Substation (Long An Province). Question 2: How will the Cau Bong - Duc Hoa 220kV Transmission Line Project affect the local population? Answer: The Project will cause the following effects: (i) Buildings and other structures and buildings on land lost permanently; (ii) Trees are cut off on the land affected permanently; and (iii) Reduction of the use of land, buildings / infrastructure in the safety corridor of high-voltage grid (ROW). Question 3: What is the main objective of the Project Resettlement Plan? Answer: The main objective of this Resettlement Plan is to ensure that all APs will be restored their socio-economic conditions at least equal to or better than they would have been in the absence of the Project. Poor households, difficult condition households and other vulnerable households (women-headed, eldly-, children-, disable person-headed, under-policy-assisted households) will be supported rehabilitating their socio-economic conditions equal to or better than prior Project conditions. Question 4: What if my land is affected by the Project? Answer: The affected land will be compensated for replacement land (if land fund available) OR in cash at replacement value at current market rates at the time of compensation. All affected households and local authorities will participate in replacement cost survey. If the leased land is recovered, compensation will not be made for the land but the investment costs in land. Question 5: Do we need to have a land title in the order to be compensated? Answer: No, lack of formal legal rights to land does not prevent any APs from receiving compensation or allowances and/or rehabilitation assistances. Those APs who possess a land use rights certificate (LURC) or any other form of written or verbal agreement to utilize the land are entitled to compensation for the lost land as well as assets on the land. Those APs who do not Cau Bong - Duc Hoa 220kV Transmission Line Project 35

41 have legal/legalizable or temporary/lease rights for land will still be compensated for the assets on the land, such as any structures, crops and trees. Question 6: Is the compensation applied for affected houses and structures? Answer: Yes. Compensation will be applied for all affected assets including houses, shops and other structures (kitchen, bathroom, toilet, well, livestock cages, fence, etc.) as well as other fixed assets at replacement value at current market prices (including materials and labour) without any deductions for building depreciation or salvageable building materials. This will ensure that APs are able to reconstruct their houses and other structures with better or at least the same quality as in the absence of the Project. Question 7: What about affected crops and trees? Answer: Affected crops, fruit and timber trees and tree fences will be compensated in cash at current market prices. Compensation for non-harvested crops will be based on the average production in the past 3 years multiplied by current market prices. Compensation for trees will be based on the type, age and productivity of trees. Question 8: In addition to compensation, how will the Project support us? Answer: In addition to compensation for affected land and asset as per Project policy, the Project will provide rehabilitation assistances to eligible APs to ensure that their living standard is restored or improved at least equal to or better than their pre-project level. Rehabilitation assistances for eligible APs include: Severely affected households: Households that lose 10% or more of their total productive land will receive rehabilitation assistances include (i) life stabilization assistance (ii) income restoration assistance such as agriculture extension assistance for better use of the remaining land area, participating in credit access programs or recruitment related to the Project. The assistances are presented in the Entitlement Matrix. Relocated households: Affected people who must be relocated have rights to get: (1) transition assistance; (2) life stabilization assistance for transitional period; and (3) assistance for house rental at replacement cost. The assistances are presented in the Entitlement Matrix. Business owners that lose income while they relocate or rebuild their shops/businesses: Households with small, unregistered businesses will receive cash compensation equal to the provincial minimum wage for 3 months. Owners of registered businesses will receive cash assistance due to loss of income equivalent to 30% taxable income in a year. Annual taxable turnover average is determined on the basis of financial statements of three years ago. Employees and hired laborers who lose their jobs: will receive cash compensation for lost salary/wages for each month they cannot work, if the loss is temporary; or, if the loss is permanent, cash compensation equivalent to the provincial minimum wage for 6 months or cash compensation for remaining contract period whichever is higher. Allowance for changing job: the affected households either have or not have registered certificate on their residential land that after relocation but they could not be continued, the person in working age who belonged to the affected households will be participated in the free Cau Bong - Duc Hoa 220kV Transmission Line Project 36

42 cost training course in one of the local vocation training centers, suitable for the facts of region and their ability. Question 9: How our affected public assets will be compensated? Answer: With respect to affected public assets, compensation will be provided to recover or newly construct depending on scope of impact after consulting with local authorities/affected community. Question 10: Does anybody in our community can claim for compensation? Answer: No. Entitled Affected Persons (APs) are those persons or households that are surveyed during the detailed measurement survey (DMS) activities. The APs and local authorities will be informed of the cut-off date (the date of completion of census) for the Project. Anyone moving into the Project area after cut-off date will not be entitled to compensation and assistance under the Project. Question 11: What can I do if I am not listed as affected people during the DMS but I am asked to be relocated? Answer: You are not in affected people list might be due to some mistakes during the DMS. However, you will get the same kind of compensation as other APs. DCARB will responsible for adding your name in the list of affected people. Question 12: How will APs be consulted and informed? Answer: A consultation and public information program will be organized in your commune to ensure that APs receive complete and timely information about the Project. APs will be provided information on project components, impacts, their rights and entitlements, grievance mechanism, rights of participation and consultation, resettlement activities, responsibilities of institutions and implementation schedule. APs will participate in resettlement planning and implementation and they will also be consulted on the following issues: a) resettlement options according to their entitlement, b) training and training preferences in current or new occupations, c) other project aspects. This program will enable the Project to design the resettlement and rehabilitation program to meet the needs of APs, and help APs to make informed decisions about compensation and relocation. Consultations with APs and local authorities will reduce the potential for conflicts and minimize the risk of project delays, and maximize the economic and social benefits of the Project. Question 13: In case where disagreement on compensation or dispute appears during Project implementation, do we have the right to complain? Answer: Yes, All affected people have the right to complain based on the following procedures and orders: First Stage - At Commune/Ward People s Committee (CPC): An aggrieved AP may bring his/her complaint to village head or any member of the CPC in either written or verbal form. It is incumbent upon said village head or member of CPC to notify the CPC about the complaint. The CPC will meet personally with the aggrieved AP and shall have thirdty (30) days following the Cau Bong - Duc Hoa 220kV Transmission Line Project 37

43 lodging of the complaint to resolve it. The CPC s secretariat is responsible for documenting and keeping files of all complaints that it handles. Second Stage - At District/Town People s Committee (DPC): If after thirdty (30) days the aggrieved AP does not hear from the CPC, or if the CPC gives its solutions, but the AP disagrees with the settlement decision, the AP may bring the case, either written or verbal, to any member of DPC. DPC shall have thirdty (30) days to resolve the case. The DPC is responsible for documenting and keeping files of all complaints that it handles. Third Stage - At Provincial People s Committee (PPC): If after thirdty (30) days the aggrieved AP does not hear from the DPC, or if the AP is not satisfied with the settlement decision, the AP may bring the case, either in writing or verbal, to any member of the PPC. The PPC shall have thirdty (30) days within which to resolve the complaint to the satisfaction of all concerned. The PPC secretariat is also responsible for documenting and keeping file of all complaints that it handles. Final Stage - People s Court: If after thirdty (30) days following the lodging of the complaint with the PPC, the aggrieved AP does not hear from the PPC, or if he/she is not satisfied with the settlement decision, the case may be brought to people s courts. Under no circumstance, the AP will be evicted from his/her property or for the Government to take over his/her property without the explicit permission of the people s court. Alll grievances and complaints of affected people on land acquisition, compensation and resettlement will be resolve consistent with the above stages and complainants will not shoulder any costs during grievance redress process. Question 14: As a resident in the project area, how can I help? Answer: We would like you to participate in all consultation meetings and other project related activities in order to ensure that you are fully informed and consulted. Your active participation during the detailed measurement survey (DMS) and implementation will allow us to determine measures to mitigate impacts, to identify problems or potentials problems and to identify ways of responding immediately to solve these problems. Question 15: How will we know if the objectives of this project are met? Answer: SPPMB will ensure internal monitoring all Project activities. In addition, SPPMB will engage an independent external monitoring agency to conduct external monitoring of resettlement activities during Project implementation. Every 6 months, the independent monitoring agency will submit a report to SPPMB and ADB on resettlement implementation progress. A post-resettlement impact evaluation will assess whether negative impacts have been mitigated adequately and preproject standards of living of APs have been restored as a result of resettlement and the Project. For further information and suggestions, please contact us to the following address: Southern Vietnam Power Projects Management Board (SPPMB) Tel: Fax: Cau Bong - Duc Hoa 220kV Transmission Line Project 38

44 Add: 610 Vo Van Kiet street, District 1, Ho Chi Minh City Cu Chi District Compensation and Resettlement Board (DCARB) Tel: Fax: Add: Zone 7, Cu Chi township, Cu Chi District, Ho Chi Minh City Duc Hoa District Compensation and Resettlement Board (DCARB) Tel: Fax: Add: Zone B, Hau Nghia township, Duc Hoa District, Long An Province Cau Bong - Duc Hoa 220kV Transmission Line Project 39

45 Appendix 6. Public Consultation Meeting Minutes Cau Bong - Duc Hoa 220kV Transmission Line Project 40

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56 Appendix 7. List of Participants in Public Consultation Meetings Nhuan Duc Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 51

57 Phuoc Thanh Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 52

58 Thai My Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 53

59 Trung Lap Ha Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 54

60 Appendix 8. Some pictures from Public Consultation Meetings Meeting in Nhuan Duc Commune SPPMB representative is explaining the project policies in the meeting in Trung Lap Ha Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 55

61 Meeting in Thai My Commune Meeting in Phuoc Thanh Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 56

62 Appendix 9. Samples of receipt of advance payments Cau Bong - Duc Hoa 220kV Transmission Line Project 57

63 Cau Bong - Duc Hoa 220kV Transmission Line Project 58