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

Transcription

1 Social Monitoring Report Quarterly Report July September 2015 VIE: Power Transmission Investment Program, Tranche 2 Cau Bong-Duc Hoa Transmission Line 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 NATIONAL POWER TRANSMISSION CORPORATION SOUTHERN POWER PROJECT MANAGEMENT BOARD Project Number: Period: Jul-Sep, 2015 INTERNAL MONITORING REPORT ON IMPLEMENTATION OF RESETTLEMENT PLAN PROJECT 220KV CAU BONG - DUC HOA TRANSMISSION LINE HO CHI MINH CITY, October 2015

3 ABBREVIATIONS ADB AP AH CARB DCARB CPC DMS DP DPC EVN GoV HH IOL LURC NPT PPC REMDF ROW RP SES SPMB SPS DCSCC USD VND Asian Development Bank (project) Affected Person (project) Affected Household Compensation, Assistance and Resettlement Board District 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 District Compensation and Site Clearance Council United States Dollars Viet Nam Dong Cau Bong - Duc Hoa 220kV Transmission Line Project i

4 TABLE OF CONTENTS I. GENERAL INFORMATION Project Description Project Impacts... 2 II. PROGRESS OF THE PROJECT IMPLEMENTATION... 2 III. DETAILED ACTIVITIES UNDERTAKEN Progress of Safeguard Policy Implementation Information Disclosure, Public Consultation and Participation Detailed Measurement Survey and Entitlement Compensation Payment and Support Land Acquisition Issue Concerning Gender Grievances Redress Mechanism IV. CONCLUSION AND PLAN FOR NEXT QUARTER Conclusion Recommendations Plan for Next Quarter LIST OF TABLES Table 1: Location of points... 1 Table 2: Project Impacts... 2 Table 3: Construction works up to October Table 4: RP implementation progress up to October Table 5: Dates of public consultations in the RP implementation progress... 6 Table 6: DMS implementation progress in affected communes... 8 Table 7: Amount of advance payment for tower construction... 9 LIST OF APPENDICES Appendix 1. Project impacts Appendix 2. Progress on RP implementation Appendix 3. Public Information Booklet Appendix 4. List of complaint AHs and conclusion for resolving complaint Appendix 5. Some pictures from Public Consultation Meetings Appendix 6. Payment minutes for AHs Appendix 7. List of HHs who have received payment in advance until the end of the second quarter of Cau Bong - Duc Hoa 220kV Transmission Line Project ii

5 I. GENERAL INFORMATION 1.1 Project Description 1. The Cau Bong - Duc Hoa 220 kv Transmission Line (TL) Project has a total length of km. It startes 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 is created among the Cau Bong 220kV Substation which was financed partly by the World Bank and the new substations at Cu Chi financed by the Ho Chi Minh Electricity Company and the Duc Hoa 220kV Substation in neighboring Long An Province (to be partly financed by JICA). The corresponding TL uses partly 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 would be dismantled on that section of the ROW used by the new Project and the corresponding 110kV circuits would be relocated on the new TL. 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 ,420 Cau Bong - Duc Hoa 220kV Transmission Line Project 1

6 1.2 Project Impacts 2. Results of Detailed Measurement Survey (DMS) showed that the implementation of the Project would 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 2: Project Impacts Province District and commune Number of AH Number of affected institution Cu Chi District Nhuan Duc commune 50 Ho Chi Minh City Phuoc Hiep commune 5 Trung Lap Ha commune 92 1 Phuoc Thanh commune 89 Thai My commune 49 1 Long An Province Duc Hoa District 11 Tan My commune 11 Total There are 296 households (1,206 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. 4. Of 296 HHs and 2 organizations affected by land acquisition, there are 87 HHs having only land affected, 193 HHs having land and crops and trees affected, 14 HHs having land, houses and other structures. 5. There are not any public facilities, historical and cultural structures affected by the project implementation. II. PROGRESS OF THE PROJECT IMPLEMENTATION 6. 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. 7. The construction works of the Cau Bong - Duc Hoa 220kV TL was commenced in December However, the construction works of the project have only been implemented when there were agreement of affected households from April Cau Bong - Duc Hoa 220kV Transmission Line Project 2

7 8. Contractors are assembling towers at the position 10 concreting foundation at the position 34. Cable stringing are being conducted for positions from VT75HH to VT01 and are conducted completely for positions from VT18 to VT19, from VT40 to DCC T200 belong to Duc Hoa district. 9. Until present, contractors have just only stringed 2.2km of cable. Almost AHs have not yet allowed cable stringing, they requested paying compensation before doing it. 10. As the construction and installation progress, up to the end of September 2015, the works carried out by the three contractors of Song Da Joint-venture 11; Song Da Co. Ltd. 11 Thang Long and IEC have been under the planned progress as table below. Table 3: Construction works up to October 2015 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 13,420 2,200 16% 11. 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, 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. Present, SPMB, Cu Chi DPC and stakeholders are negotiating with AHs agreement for construction stringing cable. III. DETAILED ACTIVITIES UNDERTAKEN 3.1 Progress of Safeguard Policy Implementation 12. Updated RP of the project approved by ADB in October The update RP were established based on result of DMS and the approved resettlement policy framework which was established during RP preparation stage. The policy 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. 13. Up to the last quarter of 2015, Duc Hoa DPC issued the Decisions No. 5555/QD- UBND, 5557/QD-UBND, 5558/QD-UBND, 5559/QD-UBND, 5560/QD-UBND dated June 30, 2014 and 139/QD-UBND dated January 15th, 2015 approving the Compensation Plan of the Cau Bong - Duc Hoa 220kV TL Project through Tan My commune. After that, Duc Hoa DPC issued continuously the decision No. 2339/QD-UBND dated April 24th, 2015 and decision No. 4576/QD-UBND dated May 3 rd, 2015 approving additional the compensation plan of the Cau Bong Duc Hoa 220KV TL project through Tan My commune. Until the end of previous Cau Bong - Duc Hoa 220kV Transmission Line Project 3

8 quarter, all AHs (11/11AHs and 1/1 organization) have received fully compensation for affected assets with total amount of VND 618,726,408. In general, the compensation implementation in Duc Hoa district has been carried out completely. 14. Until the last quarter, In Cu Chi district, DMS have been carried out completely for 39/39 (49 households and 2 organizations) tower foundations and 531/531 compensation records of 272 affected households within ROW. 36/39 tower foundations were handed over ground for project construction. Three positions (10,13 and 34) have not been yet handed over ground for construction because affected households request calculating compensation sheet and pay before constructing. AHs request SPMB, Cu Chi CARB and contractor must pay in advance before construction. The contractors cooperated have negotiated with AHs for project construction from March 9, 2015 to March 11, After that, from April 27th, 2015 to May 21th, 2015 the contractors have kept negotiating with households who affected at positions 10, 13 and 34 for handing over ground. Until now all AHs whose affected at the tower position have handed over ground for project (39/39 positions). 15. There are 10 records need to be implemented verification include: 3 records at Trung Lap Ha commune, 2 records at Nhuan Duc commune and 5 records at Thai My commune. They have been determined completely by the communes of people s committee and the Department of Natural Resources. Cu Chi DPC has issued document No. 5008/UBND- BTGPMB dated July 7 th, 2014 submitted to the City s compensation appraisal council on appraising land price for calculating compensation and allowance. 16. In the April 14 th, 2015, SPMB has issued document No. 2546/QMN-DB on asking for the undertakings to accelerate the implementation of compensation process. Contents of the document were summarized such as: 1) Ho Chi Minh city PC issues document allows applying the draft compensation, allowance policy according the document No. 1844/TNMT- KTD dated March 26 th, 2015 of City s MONRE submitted to Ho Chi Minh City PC; 2) Ho Chi Minh city PC allows applying ADB s policy according the document No. 1865/UBND-DTMT dated April 9 th, 2015 of Ho Chi Minh city PC for difference policies between the Land Law 2013 and ADB s policy. The original document, please reference to appendix. 17. Ho Chi Minh city PC issued the decision No. 23/2015/QD-UBND dated May 15th, 2015 on regulating for compensation, allowance and resettlement when the state recover land on the Ho Chi Minh City area. In the June 4th, 2015, DONRE issued document No. 680/QĐ-TNMT-KTĐ on authorizing Cu Chi DPC choose price survey consultant for surveying price of affected assets in the project area. Present, Cu Chi district CARB and SPMB are cooperating with price appraisal consultant for surveying affected assets price. 18. In the June 24 th, 2015, Ho Chi Minh CPC issued document No. 3512/UBND-DTMT approved compensation policy according suggestions of SPMB and City s compensation appraisal committee for two project: Cau Bong Duc Hoa 220KV TL and Cau Bong Hoc Mon Binh Tan TL (support for agricultural land within ROW with support rate from 60% - 70%). 19. In the July 8 th, 2015, SPMB issued document No. 4841/DK-SPMB on registering meeting with the Ho Chi Minh City people s committee for speeding up compensation process of the Cau Bong Duc Hoa 220KV TL project. Cau Bong - Duc Hoa 220kV Transmission Line Project 4

9 20. In the September 17 th, 2015, Ho Chi Minh city PC issued document No. 722/TB-VP on announcing the conclusion of vice chairmen of Ho Chi Minh city PC Mr. Nguyen Huu Tin for resolving disadvantages in compensation implementation of the Cau Bong Duc Hoa 220KV TL. 21. In the June 29th, 2015, SPMB issued document No. 4579/SPMB-DB on requesting support of Cu Chi district and stakeholders for stringing cable of the Cau Bong Duc Hoa 220KV TL project through the Cu Chi district. After that, in the July 29 th, 2015 SPMB issued document No. 5382/SPMB-DB on requesting support of local authorities for stringing cable of the Cau Bong Duc Hoa 220KV TL project. 22. SPMB has contracted No. 08/2015/HDTV dated July 27, 2015 with the Asian Pacific Consultancy Joint Stock Company for the service of independent monitoring. The independent monitoring agency conducted the first monitoring on August, For the Cau Bong - Duc Hoa 220kV TL, the Resettlement Plan is carried out following its steps conformed to the project s policy, and the progress of RP implementation is as table below. Table 4: RP implementation progress up to October 2015 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 0% 0% 0% 0% 0% 100% Consulting and Counseling with the APs on compensation plan Finalizing the Compensation Plan and submit for approval Compensation Plan verifying and approval 0% 0% 0% 0% 0% 100% 0% 0% 0% 0% 0% 100% 0% 0% 0% 0% 0% 100% Compensation Payment 0% 0% 0% 0% 0% 100% Site Clearance 100% 100% 100% 100% 100% 100% Independent Monitoring First monitoring 3.2 Information Disclosure, Public Consultation and Participation 24. The Project PIB was 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 Cau Bong - Duc Hoa 220kV Transmission Line Project 5

10 due to affected land and assets; (iv) detailed plan of implementation of compensation, assistance and resettlement payments and (v) grievance redress mechanism. 25. Information disclosure and public consultation have been implementing continuously by SPMB. From July 1 st, 2015 to July 14 th, 2015 SPMB cooperated with stakeholders organized public consultations, information disclosure are including: (i) (ii) (iii) (iv) (v) (vi) Announcing decision of land acquisition for each households. 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. 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. (vii) 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. (viii) 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. Table 5: Dates of public consultations in the RP implementation progress Communes Dates of Consultations Number of Participants Total Male Female Nhuan Duc July 4 th, Phuoc Hiep July 5 th, Phuoc Thanh July 2 sd, Cau Bong - Duc Hoa 220kV Transmission Line Project 6

11 Communes Dates of Consultations Number of Participants Total Male Female Trung Lap Ha July 1 st, Thai My July 3 rd, Tan My April 14 th, 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. 3.3 Detailed Measurement Survey and Entitlement 27. 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 established compensation plan. The detailed measurement survey progress described as below: 1) In Duc Hoa district: DCSCC have surveyed DMS for 11/11 AHs and 1 organization (100%). 2) In Cu Chi district: a) Foundation: DCSCC have surveyed DMS for 39/39 positions with 49/49 AHs and 02 organizations (100%). b) ROW: 531/531 compensation records of 272/272 HHs who affected under ROW have been surveyed completely (100%). Of which 531 compensation records, there are 10 records need to be implemented verification include: 3 records at Trung Lap Ha commune, 2 records at Nhuan Duc commune and 5 records at Thai My commune. The communes of people s committee and the Department of Natural Resources has been checking and determining the legal sovereignty of records. 28. The DMS implementation with participation of many stakeholders such as: Represent of DCSCC, SPMB, head of villages, cadastral officer of affected commune, APs. 29. 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). APs were announced schedule for DMS before and required attending, so almost of Cau Bong - Duc Hoa 220kV Transmission Line Project 7

12 APs attended in detailed measurement survey progress. After DMS, APs rechecked their affected assets and signed on the DMS minutes. They were supplied a copy minutes of DMS for storing. So far, No households who has complained related to the results of the DMS. DMS progress described as table below. Table 6: DMS implementation progress in affected communes District Commune Detailed Measurement Survey Starting date Finishing date Nhuan Duc 15/6/ /6/2014 Phuoc Hiep 15/6/ /6/2014 Cu Chi Phuoc Thanh 15/6/ /6/2014 Trung Lap Ha 15/6/ /6/2014 Thai My 15/6/ /6/2014 Duc Hoa Tan My 15/6/ /6/ Price survey and appraisal: Until the end of this quarter, Cu Chi DCSCC has signed contract with Exim Price appraisal JSC for surveying price for the project. Present, Cu Chi district CARB and SPMB are cooperating with the price appraisal consultant for surveying price of affected assets. 31. Until present, the compensation plan of the project has not yet prepared completely, so in the next report will be mentioned compensation entitlement for APs. 32. 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. 33. 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 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. 3.4 Compensation Payment and Support 34. Up to the last quarter of 2015, Duc Hoa DPC issued the Decisions No. 5555/QD- UBND, 5557/QD-UBND, 5558/QD-UBND, 5559/QD-UBND, 5560/QD-UBND dated June 30, 2014 and 139/QD-UBND dated January 15th, 2015 approving the Compensation Plan of the Cau Bong - Duc Hoa 220kV TL Project through Tan My commune. After that, Duc Hoa DPC issued continuously the decision No. 2339/QD-UBND dated April 24th, 2015 and decision No. 4576/QD-UBND dated May 3rd, 2015 approving additional the compensation plan of the Cau Bong Duc Hoa 220KV TL project through Tan My commune. Until the last quarter, there are 5/11 AHs received compensation with amount of VND 553,650,808. Until the end of this quarter, all AHs (11/11AHs and 1/1 organization) have received fully compensation for Cau Bong - Duc Hoa 220kV Transmission Line Project 8

13 affected assets with total amount of VND 618,726,408. In general, the compensation implementation in Duc Hoa district has been carried out completely. 35. In Cu Chi district, DMS have been carried out completely for 39/39 (49 households and 2 organizations) tower foundations and 531/531 compensation records of 272 affected households within ROW. 39/39 tower foundations were handed over ground for project construction. Until the end of previous quarter, the contractors have paid in advance for 19 AHs with amount VND for land handover for construction of towers. In this quarter, the compensation implementation has unchanged compared with the previous quarter. Table 7: Amount of advance payment for tower construction Amount of advance payment until present (VND) No. Name Until the first quarter of 2015 Until the second quarter of 2015 Acumulated amount until present I Duc Hoa District 63,873, ,238, ,111,600 1 Tan My 63,873, ,238, ,111,600 II Cu Chi District 447,400, ,000, ,400,000 1 Thai My 150,000, ,000,000 2 Nhuan Duc 243,400, ,400,000 3 Phuoc Thanh 39,000,000 50,000,000 89,000,000 5 Trung Lap Ha 15,000, ,000, ,000,000 Total 511,273, ,238,500 1,120,511, Land Acquisition 36. The results of the DMS indicated that there is no AP has to be relocated. Since the updated RP 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. 37. Up to the end of the 3rd quarter period, in Duc Hoa district, there are 4/4 tower positions handed over to the contractor. In Cu Chi district, although compensation plans have not been approved yet, all land areas acquired for tower construction have been handed over to the contractors for tower construction. There are 39/39 tower positions handed over to the contractor for tower construction. In additional, some affected households have handed over ground to the contractor for cable stringing after they received advance payment for affected assets within ROW. 38. Present, SPMB, Cu Chi district and contractor have cooperated closely together for negotiating with AHs allow constructing before compensation payment. Almost AHs agreed and allowed the contractors to constructe, they only need to be committed by SPMB, district CARB and paid in advance for affected assets within ROW. 3.6 Issue Concerning Gender 39. 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 RP as they have Cau Bong - Duc Hoa 220kV Transmission Line Project 9

14 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. 40. Women are encouraged to participate in all project activities and play higher role in making family and community important decisions. Especially, during the process of public consultations with the APs, female APs are encouraged to raise their voice, actively engage in and fulfill their rights to be free and prior informed, involve in discussion and making decision, and monitoring and evaluation of all project activities. 41. To enhance the active participation of women and reduce the impact of land acquisition and clearance process on women in the project area, a gender strategy during the preparation and implementation of resettlement plan is necessary. The organization of public consultation to ensure men and women are engaged and listening to their opinions fully, the consultations ensure at least 30% women participants. In order to implement this objective, the consultation meeting should coordinate with locality and districts Women Union to organize the meeting such as invitation and arrange a suitable time for women to avoid the busy times such as family cooking, picking up the child/children...). 42. The gender Strategy is to help the AHs including both men and women participate in the implementation of RP and benefit distributed equitably between men and women from achievements of that development. The gender strategy in the stage of implementation of the RP includes the following: - Mobilize the participation of the women's unions in DCSCCs: DCSCC must include at least a representative of women of affected households. In this quarter, Districts are consolidating the district compensation and site clearance council. This work is to ensure that woman who participate in all activities of RP implementation. - Poor female headed households are vulnerable people so they need more assistant from the project: Strategy of disseminating Project s information to the community focused on them. They have been invited to participate in all public consultation meeting for disseminating Project's information; - Both men and women are encouraged to participate in DMS. They participated in DMS and spoke out their opinions about the implementation process of detail measurement survey; - The Project have been working closely with the district women's unions, ward/commune women's unions to mobilize the participation of women in all activities of RP implementation (public consultation through questionnaires, people s meetings...). They raised concern issues of women to implementation process of compensation, allowance, resettlement and site clearance. Thence, they suggests solutions to redress these issues ensure women s benefits in all activities of RP implementation; - Women have invited to partipate in all public meetings and must ensure at least 30% of the participants as women. So far, in almost public meeting women have partipated and spoken out their opinions. Participation rates of women in public meetings described in Table 5; Cau Bong - Duc Hoa 220kV Transmission Line Project 10

15 - The payment of compensation and assistance in cash will be given to the affected households in the presence of both husbands and wives; In case, husbands or wives absent, the compensation payment only is carried out when husbands/wives receive compensation have to have proxy letter of others and have confirmation of local authorities. - LURCs which are newly granted should be named both husbands and wives. 3.7 Grievances Redress Mechanism 43. During the information disclosure and public consultation campaign, the resettlement consultant and SPMB 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. 44. Up to the end of first quarter, There are some AHs complain about some issues including: (1) Request additional compensation for affected structures or outside the transmission line; (2) Complain compensation price for trees, structures; (3) Allowance for vocational training and job creation; and (4) Requesting acquisitions for all land which has the remaining land small, bizarre shapes. To redress these issues, Cu Chi DPC has organized meeting for resolving. Mr. Nguyen Viet Dung has concluded to agree on additional compensation for those HHs at document No. 166/TB-VP dated June 3rd, 2015 (please reference appendix). This content has been mentioned in the previous report, so that this report will not be mentioned again. 45. In additionally, there are some HHs who have oral complaint about some issues as below: (i) (ii) 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, SPMB 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, SPMB 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. 46. The above-mentioned issues were answered by consultants and SPMB, while agreed with the APs about the work-plan for four parties (SPMB, contractors, CPC and AHs) to strictly resolve APs concerns and requirements. 47. In the previous quarter and this quarter, there are no AHs who have complained compensation process. However, When SPMB, local authorities and contractors negotiated with affected households on their agreement for cable stringing they have requested to pay in advance before construction. Present, contractor and stakeholders are continue negotiating with AHs. Cau Bong - Duc Hoa 220kV Transmission Line Project 11

16 IV. CONCLUSION AND PLAN FOR NEXT QUARTER 4.1 Conclusion 48. In general, compensation implementation has done completely in Duc Hoa district. The compensation plan was approved by Duc Hoa DPC for 11 AHs and 1 organization. Until present, all AHs and organization have received compensation and handed over ground for project construction with total amount of 618,726,408 VND. 49. In Cu Chi district, the DMS has been completed. The district s division of natural resources and environment has determined completely the legal ownership, reviewing the origin of land title and relevant legal documents for formulating the compensation plan. 50. Until the end of this quarter, the contractors have negotiated and paid in advance for 19 AHs at tower foundations with total amount of 797,400,000VND for implementing the construction. 51. Until the last quarter, there are some complaint households whose complaints have resolved completely. In this quarter, there are no complaint HHs. 52. To ensure compensation progress for AHs, SPMB has organized several meeting with Ho Chi Minh City people s committee, Cu Chi DPC, Cu Chi district CARB and stakeholders for speeding up compensation plan implementation. However, until now the compensation plan through Cu Chi district has not been yet established completely. 4.2 Recommendations 53. 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) (iv) 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 The compensation, allowance and resettlement plan need to be established as soon as and announced to affected households. The compensation, allowance and resettlement plan need to be established and announced to affected households as soon as possible. Besides, SPMB need to keep cooperating with the contractors work with DPCs and CPCs for negotiating with APs for implementing the construction in advance. It need to speed up establishing of compensation plan and submitting for approval as soon as the approved price plan. The compensation payment need to be implemented as soon as possible. 4.3 Plan for Next Quarter 54. 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 quarter. 55. Information dissemination, community consultations will be continuously conducted by consultant, SPMB, DCARB along with communes to ensure timely inform to APs about project implementation activities and resolve any complaints raised. Cau Bong - Duc Hoa 220kV Transmission Line Project 12

17 56. SPMB is to push up the payment of compensation and supports before cable stringing to ensure the project progress. 57. Resettlement consultant in coordination with SPMB 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 13

18 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 14

19 Appendix 2. Progress on RP implementation Status of compensation plan till October 2015 Province District Commune Project information dissemination Detailed Measurement Survey Making compensation plan Verify and approve the compensation plan Compensation payment Starting Finishing Starting Finishing Starting Finishing Submittin Date of Starting Finishing date date date date date date g date approval date date Nhuan Duc 28/11/ /11/ /6/ /6/ /9/2015 Not yet Not yet Not yet Not yet Not yet Ho Chi Minh city Cu Chi Phuoc Hiep 29/11/ /11/ /6/ /6/ /9/2015 Not yet Not yet Not yet Not yet Not yet Trung Lap Ha 28/11/ /11/ /6/ /6/ /9/2015 Not yet Not yet Not yet Not yet Not yet Phuoc Thanh 29/11/ /11/ /6/ /6/ /9/2015 Not yet Not yet Not yet Not yet Not yet Thai My 29/5/ /5/ /6/ /6/ /9/2015 Not yet Not yet Not yet Not yet Not yet Long An Duc Hoa Tan My 28/11/ /11/ /6/ /6/ /5/ /5/2014 5/6/ /6/2014 5/7/2014 Finshed Cau Bong - Duc Hoa 220kV Transmission Line Project 15

20 Appendix 3. Public Information Booklet National Power Transmission Corporation (NPT) Southern Vietnam Power Projects Management Board (SPMB) 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 (SPMB) 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 16

21 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, underpolicy-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 Cau Bong - Duc Hoa 220kV Transmission Line Project 17

22 the land are entitled to compensation for the lost land as well as assets on the land. Those APs who do not 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. Cau Bong - Duc Hoa 220kV Transmission Line Project 18

23 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 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 Cau Bong - Duc Hoa 220kV Transmission Line Project 19

24 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 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: SPMB will ensure internal monitoring all Project activities. In addition, SPMB 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 SPMB and ADB on resettlement implementation progress. A post-resettlement impact evaluation will assess whether negative impacts have been mitigated adequately and pre-project 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 (SPMB) Tel: Cau Bong - Duc Hoa 220kV Transmission Line Project 20

25 Fax: 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 21

26 Appendix 4. List of complaint AHs and conclusion for resolving complaint Cau Bong - Duc Hoa 220kV Transmission Line Project 22

27 Cau Bong - Duc Hoa 220kV Transmission Line Project 23

28 Cau Bong - Duc Hoa 220kV Transmission Line Project 24

29 Cau Bong - Duc Hoa 220kV Transmission Line Project 25

30 Cau Bong - Duc Hoa 220kV Transmission Line Project 26

31 Appendix 5. Some pictures from Public Consultation Meetings Meeting in Nhuan Duc Commune Meeting in Trung Lap Ha Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 27

32 Meeting in Thai My Commune Meeting in Phuoc Thanh Commune Cau Bong - Duc Hoa 220kV Transmission Line Project 28