VIE: Power Transmission Investment Program, Tranche 1 220kV Phu My 2 Industrial Zone Substation and Connection Lines Subproject

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1 Social Monitoring Report Final Report December 2016 VIE: Power Transmission Investment Program, Tranche 1 220kV Phu My 2 Industrial Zone Substation and Connection Lines Subproject Prepared by the Southern Vietnam Power Projects Management Board for the National Power Transmission Corporation and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 Resettlement Final Report Completion Report Document Stage: final Project Number: December 2016 Multi-tranche Financing Facility Socialist Republic of Viet Nam: Power Transmission Investment Program Subproject The 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.

3 ABBREVIATIONS ADB AP AH CARB CPC DLFDC DMS DP DPC EVN GOV HH IOL LURC NPT PPC ROW RP SES SPMB SPS USD VND Asian Development Bank (project) Affected Person (project) Affected Household Compensation, Assistance and Resettlement Board Commune People s Committee District Land Fund Development Center 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 Right-of-Way Resettlement Plan Socio-Economic Survey Southern Power Project Management Board Safeguard Policy Statement United States Dollars Viet Nam Dong 1

4 Table of Contents 1. GENERAL INFORMATION OF PROJECT... 3 a. Project objective... 3 b. Project component... 3 c. Project impacts... 5 d. Objectives of internal monitoring RESETTLEMENT IMPLEMENTATION PROGRESS... 7 a. DMS process... 7 b. Preparation and approval of compensation plans... 8 c. Process of compensation payment d. Assess degree of APs satisfaction of compensation and resettlement ASSESS THE STAKEHOLDER COOPERATION PENDING ISSUE CONCLUSION AND LESSON LEARNED a. Conclusion b. Lesson learned Annex 1 Entitlement Matrix Annex 2 New PPC s document on compensation and support Annex 3 Document and forms used for public consultation, information disclosure

5 1. GENERAL INFORMATION OF PROJECT a. Project objective 1. The National Power Transmission Corporation (NPT) of the Government of the Socialist Republic Viet Nam (GOV) has received a loan from the Asian Development Bank (ADB) to finance partly Master Plan VII of Power Development of Viet Nam. The Power Transmission Investment Program is an integral part of the National Power Development Master Plan VII and comprises of: (i) Transmission Network Expansion Component for expanding and upgrading 500 kv and 220 kv transmission lines and associated substations throughout Viet Nam; (ii) Operational Improvement Component for strengthening operational effectiveness and efficiency of the National Power Transmission Corporation; (iii) Project Implementation Support Component for detailed technical design, construction supervision, safeguard compliance, and preparing subsequent projects of the Investment Program. 2. The Power Transmission Investment Program, Tranche 1 includes 220kV Phu My 2 Industrial Zone subproject that managed by SPMB. b. Project component 3. The subproject includes: i. Construction of the 220kV substation and access road; ii. Construction of the 220kV connection line with a total length of 1,707 m; and; iii. Construction and installation of two parallel 110kV connection lines with a length of 831 m and 912 m respectively. 4. The subproject is composed of 220kV Substation, 220kV and 110kV connection lines. Details are summarized in Table 1. Table 1 Scope of Phu My 2 Industrial Zones and Connection Lines subproject No. Component Commune/District Started Date Completion Date Actual Cost 1 Substation Tan Phuoc commune, Tan Thanh district 2 Connection lines Tan Phuoc commune, Tan Thanh district $million Aug 2013 Nov Aug 2013 Nov

6 5. Construction phase of this subproject was 21 months from August 2013 to November Figure 1 Map of 6. The subproject is located in Tan Phuoc commune, Tan Thanh district, Ba Ria Vung Tau province. The location map of Subproject is presented in Figure 1 and the diagram of Subproject is illustrated in Figure 2. Figure 2 Diagram of Phu My 2 IZ Substation 4

7 c. Project impacts 7. The Detailed Measurement Survey has been implemented from August 2013 to May 2014 and being updated to the end of the subproject showed that about 126,172 m 2 of land affected by the project. Of which, 60,772.8 m 2 of Phu My 2 Industrial Zone and 1,514 m 2 of Tan Phuoc CPC, are permanently acquired for substation, access road, tower foundations and 58,528 m 2 of land affected within ROW. Productive land, such as rice paddies, fishpond, vegetable gardens, orchards, accounts for 83.3% of total affected land. According to the subproject survey, there are no relocated households and severely affected households. Table 2 Project affected area No. Component Starting point Ending point 1 220kV Phu My 2 Industrial zone substation 220kV connection line Length (m) Number of angle tower Location: Tan Phuoc commune, Tan Thanh district, Ba Ria - Vung Tau Area: 60,772.8 m 2 (included substation and access road) N242-66ĐN 220kV gate tower of the 220kV Phu My 2 1,808 8 Number of AH/Organ ization 06AHs and 01 Organizati on 80 AHs 110kV connection lines 1, Part 1: 110kV connection line 110kV gate tower of the 220kV Phu My 2 tower T15/8 of the 110kV Phu My - Thi Vai and Posco 778 Part 2: 110kV connection line 110kV gate tower of the 220kV Phu My 2 tower T15/8 of the 110kV Phu My - Thi Vai and Posco Total of 86 households and 01 organization (Phu My 2 Industrial Zone managed by IDICO) was affected by land acquisition, in which 26 households were affected by permanent land acquisition for constructing substation, access road, and tower foundations. Among HHs affected by ROW, there are 25 households with structures and houses that relocation under ROW. Types of houses and structures in ROW mostly are grade 4 and grade 5. In addition, 5

8 approximately 200 timber trees/industrial trees and more than 2,000 young plants are also affected. 9. Approximately 90% of permanently affected land (60,772.8 m 2 ) belongs to Phu My 2 Industrial Zone so land acquisition of subproject has not seriously affected to AHs. Category Permanently affected land Affected land within ROW Agricultural land (m 2 ) Table 3 Summary of project impacts Residential land (m 2 ) Aquaculture land (m 2 ) Other land (m 2 ) Subtotal (m 2 ) 9, ,491 49,079* 67,645 54,598 1, ,047 58,527 Total 63,622 1,933 9,491 51, ,172 Non land affected assets House under ROW (m 2 ) Affected enterprise (AHs) Affected crops (m 2 ) Affected trees (tree) Structure under ROW (m 2 ) 2, ,220 2, (*): Land acquired from Phu My 2 Industrial Zone 10. Among AHs, there is no HH considered as either severely affected or vulnerable household. Therefore, income restoration program is not essential. 11. Besides affected households, there is one organization affected, namely Phu My 2 Industrial Zone with total area of 60,772.8 m 2 permanently acquired to construct Phu My 2 substation and connection lines. 12. None of the public facilities, historical and cultural structures is affected by the project implementation. d. Objectives of internal monitoring 13. The SPMB conducted the internal monitoring of RP implementation to identify as early as possible the achieved activities and the cause(s) of occurred problems so that RP can be adjusted. Results of the internal monitoring are to be reported quarterly and semi-annually to NPT and ADB. 14. The general purpose of internal monitoring is to ensure that resettlement and land acquisition have been implemented in accordance with the policies and procedures of the RP. 6

9 15. To ensure the standard of DPs living being restored or improved, the main objectives of internal monitoring are to (i) monitor whether the schedule is being met; (ii) assess if compensation and support are sufficient; (iii) identify problems or potential problems; and (iv) identify methods of emergency respond to mitigate problems. 2. RESETTLEMENT IMPLEMENTATION PROGRESS a. DMS process 16. Detailed Measurement Survey had been conducted in September 2013 and completed in May The process of DMS was in compliance with policy. Table 4 The subproject s DMS progress End of 2013 End of 2014 End of 2015 End of 2016 Component (HHs) (HHs) (HHs) (HHs) 220kV Phu My 2 SS Connection lines Total Affected households filled declaration form as issued and guided by DLFDC. A declaration form has the principal contents including (i) Area and type of land, land origin, land use right certificate; (ii) Quantity of houses, types of houses, construction year, and other structures on the land; quantity, kinds and ages of perennial trees; land area of annual trees, their kinds, productivity and output; area of aquaculture land and salt paddies, productivity and output of aquatic products or salt paddies; (iii) number of household members, number of labourers affected by the land acquisition (for the agricultural sector, including persons directly engaged in agricultural production; aquaculture production on acquired land; for the non-agricultural sector, including contractual employees of registered employers); 18. DMS process was carried out with participation of CPC representative. DMS records were signed by AHs, representative of community, the DMS team, a commune-level cadastral officer, representatives of SPMB, DLFDC, LURC registration office, and the Natural Resources and Environment Division. One copy of DMS record was delivered to AHs to save. Noncomplaint was recorded on the result of DMS. 19. After DMS, AHs have been entitled depending on the type or/and scale of impacts as regulated in the project policy. Details of project policy for compensation and allowances are indicated in the entitlement matrix Annex Due to the typical of power project, for safe corridor, in some cases DMS of affected assets were carried out after civil work was implemented for supplementary of compensation plan. 7

10 21. Based on the final results of DMS, there was no AH considered as severely affected who lost 10% or more of their productive land or vulnerable group. Therefore, the subproject had not implemented an income restoration and rehabilitation program. b. Preparation and approval of compensation plans 22. Tan Thanh DLFDC is responsible for preparing compensation plans that includes the accuracy of DMS data, the value of assets to be compensated, and support. Compensation unit pricing and applying: 23. Households with affected land and assets in the construction area of substations and pole foundations, land and assets are permanently acquired. Affected lands are compensated in cash at the market price. Households with affected land and assets under ROW, affected assets are compensated in cash for the limitation of their uses. Affected structures and trees/crops are compensated according to the local compensation rate approved by the local authorities on the basis of structure/tree type. Temporarily affected assets during the construction and installation process are compensated by the construction contractor. The compensation rates are agreed between the construction contractor and all affected households. Details of policy are presented in Annex Compensation unit price for affected assets is summarized in the following table. Table 5 Compensation unit prices No. Item Unit Unit price (VND) 1 Land in Tan Phuoc commune, Tan Thanh district Residential land VND/m 2 768,000-2,905,000 Agricultural land VND/m 2 16, ,000 2 Structures Grade 4 (brick wall, wooden frame with titled roof) Grade 5 (bamboo and wooden frame with palm roof) 3 Tree and crops VND/m 2 1,537,000 VND/m 2 641,000 Paddy VND/m 2 3,500-4,400 Annual crops VND/m 2 8,400-20,000 Eucalyptus VND/tree 9,600-81,700 Cajuput VND/tree 3,800-81,700 Jackfruit VND/tree 51,000-1,130,000 8

11 No. Item Unit Unit price (VND) Longan VND/tree 37, ,500 Mango VND/tree 61,500-2,352,000 Custard apple VND/tree 51, ,000 Lemon VND/tree 39, ,500 Banana VND/tree 27,500-84,000 Approval of compensation plans progress: 25. After DMS completion, DLFDC prepared a draft compensation, support and resettlement plan including (i) Name and address of AH; (ii) Acquired land area, type, position, origin; and (iii) Valuation of the compensation or support; Table 6 The preparation and approval progress of the compensation plans for the subproject End of 2013 End of 2014 End of 2015 End of 2016 Component (HHs) (HHs) (HHs) (HHs) 220kV Phu My SS Connection lines Total The draft compensation plan had been disclosed at the office of CPC and public meeting in the project area for further comments and feedbacks. Detailed information was summarized and disseminated to all affected households for their review. Normally, it takes two months to get approval for compensation plan from its draft version. In the case of Phu My 2 subproject, some compensation plans were pending in few months while waiting for new policy issued by Ba Ria-Vung Tau PPC. 27. Consultation activities had been carried out to all affected households, local authorities, and village leaders since subproject preparation and design stages. That is an opportunity for AHs to express their comments and needs on the subproject. All of AH feedbacks was recorded and analysed as basics of compensation and support. In this stage, about 100% of affected households were consulted at least one time on the subproject land acquisition, compensation and support. 28. At the end of the period of posting and receiving opinions, DLFDC summarized the feedbacks of AHs, the numbers of opinions, comments against the draft compensation plan in writing, then finalized the plan and submitted it to DPC for approval. Total of 22 comments and 12 complaints was recorded. Detailed complaints are showed in Error! Reference source not found.. Most of comments were focused on the differences between the policy on compensation and support under Land Law 2003 and In the case of Phu My 2 subproject, Ba Ria-Vung 9

12 Tau PPC has promulgated a new document for households whose land is restricted to use apply Article 25 of Decree 47/2014/ND-CP dated May 15, 2014 of the government on support at 80% of the land price specified by PPC, referred Annex 2 for more details. DLFDC had to explain, review and adjust the plan before submitting it for approval. 29. After receiving the approved compensation, support and resettlement plan, DLFDC coordinates with CPC to disclose the approved compensation plan at the office of CPC and public meetings and directly send a detailed assets valuation to AHs, stating the compensation payment and commitment to hand-over for the acquired land. 30. All tasks in this step had been monitored by SPMB to ensure that AH feedbacks must be taken into account and they satisfy with the subproject policy. 31. Land acquisition for the project construction has been fully completed. Totally 12 (twelve) compensation plans had been prepared and approved for the subproject. Details of land acquisition are presented in Annex. c. Process of compensation payment 32. After sending a written notice on the approved compensation, support and resettlement plan to AHs, DLFDC carried out payment of compensation and support. Representatives of DCARB, SPMB, and CPC monitored the payment process. 33. Announcement of compensation schedule including time, place, and other relevant information were disclosed at the office of CPC, public meetings, and directly informed to AHs. 34. More than 17 billion VND were paid to the affected households for their lost and damaged assets during December 2013 to September Details are showed in table below. Table 7 Compensation and assistance for AHs under subproject Actual Compensation and assistance (VND) No Components AHs Relocated Compensation plans Paid amount Remaining 1 220kV Phu My ss ,337, ,337, Connection lines ,673,822,580 16,673,822,580 0 Total ,057,160,496 17,057,160, In case AH cannot receive compensation and support with any reasons, DLFDC have to transfer the money to State Treasure at district level and keep it until this case settled. There is no one refuse to get compensation payment. 10

13 36. Besides, for compensation payment to AHs, SPMB has to pay for IDICO who is in charge of compensation and resettlement for Phu My 2 Industrial Zone. However, Ba Ria-Vung Tau PPC has not had regulations on compensation amount. Progress of compensation for land occupied by Phu My 2 Industrial Zone is summarized in Box 1. Box 1 Progress of compensation payment for Phu My 2 Industrial Zone Since June 2015, SPMB has frequently requested Tan Thanh s DPC to prepare compensation plan for 60,772.8 m 3 of land belonging to Phu My 2 Industrial Zone that managed by IDICO in order to complete the subproject of Phu My 2 substation as planned. To response SPMB s requests, on December 25, 2015, Department of Industrial and Trade organized meeting with the representatives of Department of Environmental and Natural Resources, Industrial Parks Management Board, Tan Thanh s DPC, SPMB, and IDICO. The discussed issue is how to compensate for land acquisition implemented by IDICO during site clearance of Phu My 2 Industrial Zone. After the meeting, Department of Industrial and Trade issued Document No.27/SCT-QLNL dated 6 January 2016 on proposed solution for the cost of Phu My 2 substation s site clearance. It recommended that Ba Ria-Vung Tau PPC would allow Tan Thanh DPC to estimate the amount which was approximately 70% of investment for land (deduct depreciation) including compensation payment for AHs, cost for planning adjustment, cost for clearance of unexploded ordnances, and levelling (if any). Lately, Ba Ria-Vung Tau PPC stipulated Document No.816/UBND-VP dated February 3, 2016 on (1) Agree with the suggestions of Department of Industrial and Trade mentioned in Document No.27/SCT-QLNL; (2) Assign DoNRE in association with Department of Finance, Tan Thanh DPC working with IDICO as well as SPMB to solve the relevant procedures as prescribed. A Certificate of Valuation No.2441/2016/VLAND-HCM has been issued on June 30, 2016 on investment for land constructed Phu My 2 substation. The draft compensation plan has been submitted to DoNRE for verification. It proposed to compensate the amount of 64 million VND to Phu My 2 Industrial Zone. 37. SPMB has often requested Tan Thanh DPC as well as other stakeholders to finalize the compensation plan for Phu My 2 Industrial Zone. However, the process of dealing with these matters is totally controlled by many relevant organizations not SPMB. Tan Thanh DLFDC had submitted a draft compensation plan for approval. 11

14 d. Assess degree of APs satisfaction of compensation and resettlement 38. The grievance redress mechanism is set up to address questions and complaints on the land acquisition, compensation and resettlement in a timely manner. All affected persons had aware of their rights and complaint procedures. 39. Affected persons can lodge their complaints relating to any aspects of land acquisition and resettlement entitlement, prices, payment or procedures for resettlement etc. Their complaints can be made verbally or in writing. 40. An aggrieved AP can bring his/her complaint to DPC (the organization issued compensation plan) or sue as an administrative lawsuit at court in accordance with the Law on Administrative Procedures. 41. In case the complainant disagrees with the first-time complaint settlement decision or AP complaint remains unsettled which is past the prescribed time limit, AP may file a second-time complaint with the direct superior of the competent agency who in charge of the first-time complaint settlement or sue as an administrative lawsuit at court in accordance with the Law on Administrative Procedures. 42. In case the complainant disagrees with the second-time complaint settlement decision or AP complaint remains unsettled which is past the prescribed time limit, AP may sue as an administrative lawsuit at court in accordance with the Law on Administrative Procedures. 43. Generally, affected households are agreed with the compensation and assistance of the project. During implementation process of compensation and assistance, there were some minor inquiries on result of DMS and ownership of affected assets. DLFDC along with SPMB has immediately resolved those inquiries. There are 12-recorded complaints at DPC level on ownership of affected assets and compensation value. 44. All these complaints have been resolved in accordance with the project policy and government Law. AHs are satisfied with the grievance solutions then there is no outstanding complaint. Details are shown in table below. Table 8 Details of complaint settlement No. Name of AHs Content of complaint Grievance solution 1. Le Van Nguyen Request compensation for temporary affected assets caused by construction 2. Nguyen Van Tuong Compensation for land under ROW Decision No.1265/QD-UBND dated May 15, 2014 Decision No.1269/QD-UBND dated May 16, Nguyen Thi Tuyet Compensation for structures Decision No.1937/QD-UBND 12

15 No. Name of AHs Content of complaint Grievance solution under ROW dated July 16, Dinh Tu Hai Compensation for supporting structures 5. Nguyen Van Chuong Compensation and assistance for land and other structures under ROW 6. Nguyen Thi Tuyet Compensation for house under ROW 7. Nguyen Van Lon Compensation for affected assets under ROW 8. Tran Van Trung Compensation for temporary house under ROW 9. Tran Thi The Compensation for temporary structure under ROW 10. Nguyen Thi Ngoc Thuy Compensation for temporary structure under ROW 11. Pham Thi Nuong Additional compensation for temporary structure under ROW 12. Pham Van Hung Additional compensation for temporary structure under ROW 3. ASSESS THE STAKEHOLDER COOPERATION Decision No.1939/QD-UBND dated July 16, 2014 Decision No.2420/QD-UBND dated September 5, 2014 Decision No.3146/QD-UBND dated November 25, 2014 Decision No.3375/QD-UBND dated December 15, 2014 Decision No.3376/QD-UBND dated December 15, 2014 Decision No.3482/QD-UBND dated December 23, 2014 Decision No.3483/QD-UBND dated December 23, 2014 Decision No.1002/QD-UBND dated February 14, 2015 Decision No.1004/QD-UBND dated February 14, SPMB had signed the contract with DLFDC who are in charge of land acquisition and compensation. SPMB had smoothly coordinated with DLFDC and closely involved in process and progress of land acquisition and compensation. 46. During subproject implementation, SPMB had received much assistance from organizations such as Ba Ria-Vung Tau PPC, Phu My 2 Industrial Zone, etc. Without this cooperation, the subproject could not be timely completed. At the time of compensation preparation, Ba Ria-Vung Tau PPC issued Document No.6949/UBND-VP dated September 23, 2014 on support for households affected by Phu My 2 subproject. 13

16 4. PENDING ISSUE 47. The draft compensation plan for affected assets of Phu My 2 Industrial Zone has been submitted to Tan Thanh DoNRE for their review and verification. It is proposed to get approval in February 2017 and to pay compensation at the end of February CONCLUSION AND LESSON LEARNED a. Conclusion 48. The construction work of 220kV Phu My 2 Substation project has been completed and came into operation on November 30, Information dissemination, community consultations have been strictly conducted by SPMB and DLFDC in the project area resulting in no any serious complaint of affected people. 50. Due to the new Land Law, Ba Ria-Vung Tau PPC had to promulgate either a new policy or a procedure on compensation and assistance. It takes the project a long time to establish compensation plan. And also, it takes a lot of time to solve the differential regarding compensation and assistance between Land Law 2003 and Construction work was started before updating RP due to late mobilization of Consultant. However, construction activities were implemented in the land area of Phu My 2 Industrial Zone so they did not impact to AHs. b. Lesson learned 52. With the typical characteristics of power connection line, sometimes DMS results on affected assets under ROW must be adjusted when construction of power connection lines completed. 53. For the power network project, it only needs to acquire permanently small area of land for tower foundation but the process of compensation plan approval takes quite long time. Therefore, in some cases, compensation plans have been prepared at the same time with construction and payment has been delivered to AHs in advance. To avoid this situation, all activities must be strictly scheduled and followed as planned. 54. The subproject is mainly located in Industrial Zone, only small section of connection lines affected to assets of household, and then AHs livelihood was not affected. According to the project policy, AH received the compensation for agricultural land along with cash assistance. Thus, local people was willing to handover their land to the power network project. 55. However, the transferring of State land between two organizations as Phu My 2 Industrial Zone and SPMB has difficulty because of unavailable regulations issued by Ba Ria-Vung Tau PPC. It takes long time to complete the compensation for land to IDICO - representative of Phu My 2 Industrial Zone. 14

17 56. Consultant should be mobilized at the initial stage of the project implementation in order to carry out tasks and/or reports in accordance with ADB s safeguards policy. 15

18 Annex 1 Entitlement Matrix Entitled Persons A. AGRICULTURAL LAND Type & Level Of Impact A.1 Permanently affected agricultural land Owners with LURC, owners in process of acquiring LURC, owners eligible to acquire LURC AND public organizations More than 10 percent or more of total productive landholding affected Less than 10 percent of total productive landholding affected Compensation Policy a/ As a priority, allocation of replacement land: (i) equal in area to affected land up to a maximum of land quota in the locality; (ii) of same category (or productive capacity); (iii) at a location satisfactory to AP; (iv) with full title in the names of both the household head and his/her spouse; and (v) without charge for taxes, registration and land transfer charges; and b/ Economic rehabilitation package (see G, below); Or, if AP opts, a/ Cash compensation at replacement cost; and, b/ Economic rehabilitation package (see G, below). Cash compensation at replacement cost at current market prices for affected portion if remaining holding is viable; OR Cash compensation at replacement cost at current market prices for entire landholding, if remaining holding is not viable. Implementation AHs to be notified on reason of land acquisition schedule and plan, compensation plan on compensation, site clearance, resettlement at least 90 days prior to land acquisition (Land Law 2003, Article 39). Full payment for affected land to AHs at least 01 months before site clearance. Allowance for agricultural land acquisition accounts for 50% compensation rate for land. 16

19 Entitled Persons Type & Level Of Impact A.2 Impact on productive land in ROW All AHs have productive land in ROW Partially impact or totally impact Compensation Policy a/ No compensation for land b/ Compensation for fruit trees and others at market price. c/ Support for utilization of restricted land B. RESIDENTIAL AND/OR NON-AGRICULTURAL LAND (e.g., commercial) B.1 Impact on residential and/or non-agricultural land in ROW All AHs have residential and/or non-agricultural land in ROW Partially impact or totally impact a/ No compensation for land C. MAIN HOUSES AND OTHER STRUCTURES IN ROW C.1. Main house in ROW All AHs have house/structure and trees in ROW Partially impact on house or structures in ROW (affected area less than 50% of total land area without any impact to the remaining structures b/ Allowance for purchasing fireproof materials and lightning arrestors for the existing house/structure or cash compensation at replacement cost of affected house/structure c/ Support for utilization of restricted land a/ Retain their houses in ROW according to the conditions regulated by Article 13 of Decree No. 14/2014/NĐ-CP and cash compensation for directly affected parts of the houses at the replacement cost and cost for demolishing the affected part Implementation Allowance for limitation of land use is equal to 80% of compensation rate for land. AHs receive compensation for tree/crop without returning compensated tree/crop Allowance for limitation of land use is equal to 80% of compensation rate for land. Allowance for limitation of house/structure use is equal to 70% of its compensation rate. 17

20 Entitled Persons Type & Level Of Impact of the house/building) Demolishing partial or totally impact on house/structures (impact >50%, or less than 50%) Compensation Policy a/ AH could chose one of the following options: Retaining their houses or building in ROW according to the conditions regulated by Article 13 of Decree 14/2014/NĐ-CP. Allowance for purchasing fireproof materials and lightning arrestors for the existing house/building. Cash compensation at replacement cost for full areas of affected house/structure and cost for demolishing AHs houses in ROW. b/ Support for utilization of restricted house and impacts on daily-life activities C.2 Other Structures, e.g., kitchens, toilets, animal sheds, fences, foundations, etc. in ROW Other structures Structures affected due to location in ROW of the T/L Support for improvement of installing fireproof materials and lightning arrestors D. ANNUAL AND PERENNIAL CROPS, FRUIT AND TIMBER TREES AND TREE/PLANT FENCES Crops and/ or trees Loss of annual crops If standing crops are ripening and cannot be harvested, cash compensation of un-harvested crops Implementation For structure with improvement, allowance is paid at PPC s rate for rehabilitation of installing fireproof materials and lightning arrestors. For structure without improvement, allowance for limitation of house/structure use is equal to 70% of its compensation rate. AHs to be notified at least 2 months 18

21 Entitled Persons Type & Level Of Impact Loss of perennial trees, fruit and timber trees and tree fences G. REHABILITATION ASSISTANCE G.1 Economic Rehabilitation Package Severely affected persons, displaced from housing or losing 10 percent or more of their productive, income generating irrespective of tenure status. Assistance to restore livelihoods and incomes following acquisition of agricultural land or other productive assets Compensation Policy at market values based on the average production aver past 3 years. Cash compensation at current market prices given the type, age and productive value of the affected crops and/or trees. AHs directly cultivate on the affected land to be entitled: (i) Losing from 10 to 30% of agricultural land holding: Cash assistance equal to 30 kg of rice (valued at market price) per month per household member for 3 months, if not relocating; for 6 months if relocating; and for 12 months if relocating in a harsh living condition area; (ii) Losing more than 30% to 70% of total agriculture landholding. Cash assistance equal to 30 kg of rice (valued at market price) per month per household member for 6 months, if not relocating; for 12 months if relocating; and for 24 months if relocating in a harsh living condition area; (iii) Losing more than 70% of total agriculture Implementation for harvesting crops; Compensation is made depending on the species, age, and value of affected tree/crop. AHs receive compensation for tree/crop without returning compensated tree/crop. It is not necessary to implement IRP due to none severely affected house identified. 19

22 Entitled Persons Type & Level Of Impact G.2 Assistance for job changing and creation AHs agricultural permanently affected with land Assistance for job changing and creation. landholding Compensation Policy Cash assistance equal to 30 kg of rice (valued at market price) per month per household member for 12 months, if not relocating; for 24 months if relocating; and for 36 months if relocating in a harsh living condition area; AND (iv) In-kind assistance to be decided in consultation with eligible APs. Forms or assistance may include, but are not limited to, agricultural extension assistance, and training for non-agricultural occupations. And (v) Participating in income restoration programs (IRP). Cash assistance equal to 1.5 time of compensation value for affected for acquired land area but not exceed 5 (five) times of land quota in locality, according to PPC s regulation. If AP has demand for training, he/she will be entitled to a free training course G.3 Special allowance for social and economically vulnerable households Implementation Cash assistance is equal to 1.5 times of compensation value of acquired land areas. Vocational training card is given to all family members of labor force, equivalent to the amount of VND 6,000,000 per member. 20

23 Entitled Persons Type & Level Of Impact Compensation Policy Implementation Vulnerable APs (the poor, war invalid person, woman headed household, the elderly) Assistance to the poor and vulnerable households to improve their social and economic conditions. For the poor households, cash assistance equal to 30 kg of rice (at market price) per each family member per month for at least 6 months For other vulnerable APs, assistance of VND 2,000,000 per household to improve their social and economic conditions No one entitled as vulnerable AP. G.4 Assistance for houses in ROW AHs with house in ROW Assistance to improve house or install fireproof materials and lighting arrestors. And assistance to mitigate impacts due to restricted usability and impacts on daily activities. G.5 Assistance for other structures in ROW AHs with other structures in ROW G.6 Assistance for land in ROW Assistance to improve structure or install fireproof materials and lighting arrestors. With grade 4 houses, allowance for installing fireproof materials and lighting arrestors. With grade 5 houses, allowance for rehabilitation. Allowance due to restricted usability and impacts on daily activities (according to Decree 14/2014/ND-CP, it is 30% value of house). With grade 4 structure, allowance for installing fireproof materials and lighting arrestors. With grade 5 structure, allowance for rehabilitation. Allowance for limitation of house use is equal to 70% of its compensation rate. Allowance for limitation of structure use is equal to 70% of its compensation rate. 21

24 Entitled Persons Type & Level Of Impact Compensation Policy Implementation AHs with land in ROW Assistance to mitigate impacts due to restricted usability of land Allowance for agricultural land, residential land, production planted, production forest, nonagricultural land in ROW (according to GOV Decree No.14/2014/ND-CP) Allowance for limitation of land use is equal to 80% of compensation rate for land. 22

25 Annex 2 New PPC s document on compensation and support 23

26 Annex 3 Document and forms used for public consultation, information disclosure Announcement on Land acquisition 24

27 25

28 26

29 Decision on DCARB establishment 27

30 28

31 Public disclosure on Draft Compensation Plan 29

32 30

33 Completion report for Compensation Plan Disclosure 31

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