Social Monitoring Report Semi Annual Report January June 2016 VIE: Power Transmission Investment Program, Tranche 2 220kV Cau Bong-Hoc Mon-Binh Tan 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.
NATIONAL POWER TRANSMISSION CORPORATION SOUTHERN POWER PROJECT MANAGEMENT BOARD Project Number: 42039-035 Period: Jan - Jun, 2016 SEMI-ANNUAL INTERNAL MONITORING REPORT ON IMPLEMENTATION OF RESETTLEMENT PLAN PROJECT 220KV CAU BONG - HOC MON - BINH TAN TRANSMISSION LINE HO CHI MINH CITY, July 2016
ABBREVIATIONS ADB AP AH DCSCC CPC DMS DP DPC EVN GoV HH IOL LURC NPT PPC REMDF ROW RP SES SPMB SPS USD VND Asian Development Bank (project) Affected Person (project) Affected Household Compensation, Site Clearance Council 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 Projects Management Board Safeguard Policy Statement United States Dollars Viet Nam Dong 220KV Cau Bong Hoc Mon Binh Tan transmission line i
TABLE OF CONTENTS PART I - INTRODUCTION... 1 I. Project Description... 1 II. Project Impacts... 1 III. Progress of the Project Implementation... 2 3.1 Project Construction Progress... 2 3.2 Progress of URP Implementation... 3 3.2.1 Detailed Measurement Survey... 3 3.2.2 Price Valuation and Appraisal... 4 3.2.3 Compensation Plan Preparation... 4 3.2.4 Compensation Payment... 4 IV. Safeguard Policy and Human Resources... 5 4.1 Project Policy and Compliance with Government s Regulations and ADB s Requirements... 5 4.2 Safeguards team... 6 PART II - IMPLEMENTATION OF SAFEGUARD POLICY... 8 I. Public Consultation, Participation, and Information Disclosure... 8 II. Detailed Measurement Survey and Entitlement... 9 III. Compensation Payment and Assistance... 10 3.1 Compensation Payment and Assistance for AHs... 10 3.2 Compensation Payment and Assistance for Relocated HHs... 10 3.3 Other Support for Severely AHs and Vulnerable Groups... 11 IV. Land Acquisition... 11 V. Grievance Redress Mechanism... 11 PART III - MONITORING... 13 I. Internal Monitoring... 13 II. Monitoring the Compliance of RP Implementation... 14 PART IV - CONCLUSIONS AND RECOMMENDATIONS... 15 I. Conclusions and Recommendations... 15 1.1 Conclusion... 15 1.2 Recommendations... 15 II. Plan for the next period... 15 PART V - APPENDIX... 17 5.1 Appendix 1. Project Impacts... 17 5.2 Appendix 2. Progress on RP implementation... 18 5.3 Appendix 3. Project Entitlement Matrix... 19 220KV Cau Bong Hoc Mon Binh Tan transmission line ii
5.4 Appendix 4. Public Information Booklet... 24 5.5 Appendix 5. Minutes of announcement mettings of compensation plan... 30 5.6 Appendix 6. List of AHs who have received payment in advance... 43 5.7 Appendix 7. Decision on approving of adjustment coefficient plan of land price for calculating compensation, support for AHs... 46 5.8 Appendix 8. Decision on approving of compensation plan, section through Cu Chi District... 55 5.9 Appendix 9. Some pictures from Public Consultation Meetings... 62 LIST OF TABLES Table 1: Location of points... 1 Table 2: Summary of Subproject impacts on land and assets on land... 2 Table 3: Construction works up to July 2016... 3 Table 4: Summary of the detailed measurement survey in Districts... 3 Table 5: RP implementation progress up to July 2016... 4 Table 6: Members of monitoring team... 7 Table 7: Dates of meeting on announcing compensation plan... 9 Table 8. DMS progress by area as of January 2016... 9 Table 9: DMS implementation progress in affected communes... 9 Table 10: Situation of payment in advance... 10 Table 11: Summary of resolving until the end of this quarter... 11 Table 12: Summary of submitted internal monitoring report... 13 220KV Cau Bong Hoc Mon Binh Tan transmission line iii
Semi-annual Internal Monitoring Report July 2016 I. Project Description PART I - INTRODUCTION 1. The Cau Bong - Hoc Mon - Binh Tan 220 kv Transmission Line (TL) Project has a total length of 15.94 km. The TL starts in Cau Bong Substation (SS) at Tan Phu Trung Commune in Cu Chi District, Ho Chi Minh City and terminate at the proposed Hoc Mon SS in Tan Thoi Hiep ward in District 12, Ho Chi Minh. A double circuit connection is created between the Cau Bong 220kV SS which the World Bank would partly finance and the new substations at District 12 that is financed by Ho Chi Minh Electricity Company. The corresponding TL uses partly the ROW of the existing 110kV Hoc Mon - Ben Cat and partly the towers of the 220kV Phu Lam - Hoc Mon TL. Table 1: Location of points No. Starting ending point City/ Province District Commune Length (m) 1 DD2-G2.1A Tan Phu Trung 464 2 G2.1A-G2.1 1,456 3 G2.1-G2.2 Ho Chi Tan Thanh Dong 2,549 Cu Chi 4 G2.2-G2.3 Minh 1,330 5 G2.3-G2.4 1,077 Binh My 6 G2.4-G2.5 271 Subtotal 1 1 1 3 7,147 1 G2.5-G2.6 515 2 G2.6-G2.7 Dong Thanh 826 3 G2.7-G2.8 Hoc Mon 559 4 G2.8-G2.9 781 Thoi Tam Thon 5 G2.9-G2.10 870 6 G2.10-G2.11 Ho Chi 791 1 G2.11-G2.12 Minh 707 2 G2.12-G2.13 Tan Chanh Hiep 567 3 G2.13-G2.14 District 12 748 4 G2.14-G2.15 819 5 G2.15-G2.16 150 Tan Thoi Hiep 6 G2.16-ĐC2 308 Subtotal 2 1 1 3 7,641 TOTAL(1+2) 2 2 6 14,788 1 Connect Cau Bong 220kV 314 Cu Chi Tan Phu Trung 2 Connect Cau Bong 110kV Ho Chi 619 3 Hoc Mon 110/220 kv Minh District 12 Tan Thoi Hiep 219 Connect to Substations 1,152 GRAND TOTAL 1 3 6 15,940 2. Land is required for the following based on the above technical requirements: (i) rightof-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 are allowed to exist within the right-of-way (ROW) of the 220 kv TL as per the Decree No. 14/2014/ND-CP dated 26 February 2014 stipulating in detail the implementation of Electricity Law regarding electricity safety. However, they are subject to certain conditions including installation of grounding conductor and fireproof material for safety reason. II. Project Impacts 3. Results of Detailed Measurement Survey (DMS) show that the implementation of the Project causes land restrictions and acquisition in seven (07) communes. Of which three (03) communes belong to Cu Chi District namely Tan Phu Trung, Tan Thanh Dong and Binh My, Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 1
Semi-annual Internal Monitoring Report July 2016 two (02) communes belong Hoc Mon District namely Dong Thanh and Thoi Tam Thon, and two (02) wards of Tan Chanh Hiep and Tan Thoi Hiep belong to District 12, Ho Chi Minh City. Table 2: Summary of Subproject impacts on land and assets on land Districts/ Communes No. of AHs No. of Organizati ons Affected Lands (m²) No. of Houses No. of Other Structures Trees/ Timbers Cu Chi District 190 3 181,697.7 12 9 8,054 Tan Phu Trung 54 1 57,452.0 0 0 Tan Thanh Dong 49 1 60,479.5 0 7,424 Binh My 87 1 63,766.1 12 9 630 Hoc Mon District 400 2 96,591.2 202 9 716 Dong Thanh 241 1 67,772.9 115 6 381 Thoi Tam Thon 159 1 28,813.3 87 3 335 District 12 322 2 74,639.2 136 233 2,115 Tan Chanh Hiep 218 1 48,893.7 100 174 1,527 Tan Thoi Hiep 104 1 25,745.5 36 63 588 Total 912 7 352,928 350 251 10,885 Source: URP of the Cau Bong Hoc Mon Binh Tan 220KV TL, July 2014. 4. There are 912 households affected by the restrictions and land acquisition. The Project affects 352,928 m² of land, of which 327,381.6 m² (equivalent to 92.8% of affected land) is affected by land use restriction within the ROW and 25,546.4 m² (accounting 7.2% of affected land) of land is permanently acquired. The Project affects 10,777.4 m 2 of rice and other annual crops (including maize, cucumber, cassava, etc.), 10,885 trees (including fruit trees, timbers, ornamental trees and shade trees). There are 350 houses of 350 AHs that are located under the ROW, of which none of these houses has to relocate. 5. None of the affected households is considered severely affected as well as vulnerable groups, 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. Therefore, that income restoration program implementation is not applied for the project. 6. No public structure and historical or cultural place is affected by the project implementation. III. Progress of the Project Implementation 3.1 Project Construction Progress 7. There are two contractors carrying out the construction for the Cau Bong - Hoc Mon - Binh Tan 220kV TL project that are the PCC1 and PCC3. 8. In order to ensure the construction progress of the towers, for this quarter period, the contractors have fastened almost construction items of the construction activities of both projects include excavation of towers foundation and tower erection. Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 2
Semi-annual Internal Monitoring Report July 2016 9. The construction works of the Cau Bong - Hoc Mon - Binh Tan 220kV TL was kickstarted in late February 2014. As the construction and installation progress, up to the end of June 2016, the works carried out by the two contractors of PCC1 and PCC3 have been under the planned progress as table below. Table 3: Construction works up to July 2016 Item Activities Unit Design volume Construction volume Completion rate 1 Foundation excavation Tower foundation 59 59 100% 2 Foundation concretion Tower foundation 59 56 94.5% 3 Backfilling Tower foundation 59 56 94.5% 4 Grounding for tower Tower 59 56 94.5% 5 Tower erection Tower 59 56 94.5% 6 Cable stringing m 15,940 12,640 79.3% Source: Project construction progress report by SPMB 10. The contractor was stringed cable at positions: In Cu Chi District from 500KV Cau Bong Substation to position 27; In Hoc Mon District from position 28 to 34. 11. Currently, 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. It was expected to complete project construction in September 2016. 3.2 Progress of URP Implementation 12. The updated RP of the subproject was approved by ADB in July 2014. The updated RP was prepared based on the DMS results and the approved resettlement policy framework (REMDF) of the project. 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. For the Cau Bong - Hoc Mon - Binh Tan 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 below. 3.2.1 Detailed Measurement Survey 14. Until the end of 2015, DMS has been completed. Summarized below is the progress of DMS activities in each district. No. Table 4: Summary of the detailed measurement survey in Districts Disitrict Foundation Surveyed RoW Records verification HHs % HHs % Records % 1 Cu Chi 56 100% 189 100% 221 100% 2 Hoc Mon 29 100% 416 100% 432 100% 3 District 12 31 100% 362 100% 362 100% Total 116 100% 967 100% 1,015 100% Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 3
Semi-annual Internal Monitoring Report July 2016 15. Records verification: DCSCCs and communes people s committee have reviewed legal ownership completely since June 2015 for 221/221 belongs to Cu Chi District, 432/432 AHs belong to Hoc Mon District and 362/362 AHs at District 12. 3.2.2 Price Valuation and Appraisal 16. Until the fourth quarter of 2015, the replacement price survey has been conducted completely by price appraisal consultants. This price has been determined again by Districts compensation site clearance committee and submitted to DONRE and City People s Committee for appraising and approving. On December 10th 2015, Ho Chi Minh City People s Committee has issued Decision No. 6762/QD-UBND on approving adjustment coefficient plan of land price for compensation for the 220KV Cau Bong Hoc Mon Binh Tan in Cu Chi, Hoc Mon District and District 12. 3.2.3 Compensation Plan Preparation 17. Until the end of this quarter, the establishing for compensation plan has been implemented in all Districts. The draft compensation plans have been announced for AHs at all affected communes. On March 9th 2016, Cu Chi DPC has issued Decision No. 1494/QD- UBND on approving compensation, allowance and resettlement plan for AHs of the 220KV Cau Bong Hoc Mon Binh Tân (section through Cu Chi District). After that, on May 27th 2016, Hoc Mon DPC has issued Decision No. 2878/QD-UBND on approving compensation, allowance and resettlement plan for AHs by the project, section through Hoc Mon District. Currently, Hoc Mon and Cu Chi DCSCC were adjusting specific compensation value of each AH to submit for approval before compensation payment. District 12 have been revised compensation plan after announcing. It is expected to submit to DPC for approval in July 2016. 18. 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 in February 2016. 3.2.4 Compensation Payment 19. Until now, to meet with the progress of the construction works, DCSCCs, SPMB and contractor cooperated with consulted agreements of affected households for the project construction. The SPMB and contractors had paid in advance for affected households before approved compensation plan (see Table 4). It is expected to conduct compensation payment in July 2016. Table 5: RP implementation progress up to July 2016 Ho Chi Minh City RP Implementation Activities Information Disclosure and Public Consultation Cu Chi Dist. Hoc Mon Dist. District 12 Tan Tan Thoi Tan Tan Binh Dong Phu Thanh Tam Chanh Thoi My Thanh Trung Dong Thon Hiep Hiep 100% 100% 100% 100% 100% 100% 100% Detailed Measurement Survey 100% 100% 100% 100% 100% 100% 100% Preparing Compensation Plan 100% 100% 100% 100% 100% 100% 100% Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 4
Semi-annual Internal Monitoring Report July 2016 Ho Chi Minh City RP Implementation Activities Consulting and Counseling with the APs on compensation plan Finalizing the Compensation Plan and submit for approval Compensation Plan verifying and approval Cu Chi Dist. Hoc Mon Dist. District 12 Tan Tan Thoi Binh Dong Phu Thanh Tam My Thanh Trung Dong Thon Tan Tan Chanh Thoi Hiep Hiep 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 80% 80% 100% 100% 100% 100% 100% 0% 0% Compensation Payment 0% 0% 0% 0% 0% 0% 0% Site Clearance 100% 100% 94.5% Independent Monitoring* Second monitoring IV. Safeguard Policy and Human Resources 4.1 Project Policy and Compliance with Government s Regulations and ADB s Requirements 20. 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. 21. 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. 22. 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 minimized 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; Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 5
Semi-annual Internal Monitoring Report July 2016 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; 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. 23. 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) (vi) 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. Circular No. 36/2014/TT-BTNMT dated June 30 th, 2014 of MONRE on regulating determination methods of specific land price and consultancy on land pricing; (vii) Decision No. 23/2015/QD-UBND dated May 15th, 2015 of Ho Chi Minh City PC on regulating for compensation, allowance and resettlement when the state recover land on the Ho Chi Minh City area. 24. Details of project policy for compensation and allowances are indicated in the Entitlement Matrix (see Appendix 3). 4.2 Safeguards team 25. 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. 26. The NPT and the SPMB 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 SPMB 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. 27. SPMB 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 specializing in both resettlement and environment aspects. For this project, five persons are frequently involved in the assigned works. 28. In additionally, 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 (resettlement consultant had terminated the Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 6
Semi-annual Internal Monitoring Report July 2016 contract from early of 2015. Until early of June 2016, SPMB has signed contract with other consultant for replacing the former consultant). PICs closely work with safeguards team under SPMB in the implementation of RP. The resettlement consultant has assisted SPMB 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 SPMB and DCSCCs, 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, DCSCCs 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 Head, Compensation Overall management of RP Dept. implementation of the project 2 Mr. Le Tuan Anh Supervising and reporting the Deputy head, progress of RP implementation of the Compensation Dept. project 3 Mr. Phan Van Tranh Supervising and reporting the Expert, Compensation progress of RP implementation of two Dept. subprojects 4 Mr. Le Trong Man Expert, Compensation Supervising implementation of RP 5 6 Mr. Nguyen Huynh Duc Tuan Mr. Le Trung Thong has been replaced by Mr. Nguyen Truong Thong 7 Mr. Duong Dinh Dung Dept. Expert, Compensation Dept. Resettlement Consultant Environmental Consultant Supervising implementation of RP Support SPPMB in the implementation of resettlement safeguard policy Support SPPMB in the implementation of environmental safeguard policy Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 7
Semi-annual Internal Monitoring Report July 2016 PART II - IMPLEMENTATION OF SAFEGUARD POLICY I. Public Consultation, Participation, and Information Disclosure 29. 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 SPMB, 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 DSCCs, CPCs, mass organizations, non-ap residents, and the APs. 30. In the first quarter of 2016, in Cu Chi and Hoc Mon District has organized meetings with AHs for announcement of draft compensation plan from early of March to end of March 2016. In the second quarter of 2016, District 12 has also organized meetings with AHs to announce draft compensation plan in May 2016. Summary of dissemination contents as below: i. Scope of project, right-of-way, and location of towers; ii. Scope of land acquisition; alternatives of land acquisition mitigation; land acquisition for construction of tower foundations and land use restriction under ROW. iii. Entitlements of affected households/community; gender and ethnic minority policies and strategies; iv. Calculating sheet of compensation value of each AHs based on result of DMS and project s entitlement policies for AHs. 31. During the dissemination of draft compensation plan, AHs have been introduced to review their compensation calculating sheet. AHs can comment or complain if their benefits were not ensured. Besides, AHs have been also distributed a form for writing their comments and send it to competence agencies for resolving. Summary of feedback contents of AHs and local authorities as below: i. Almost AHs have agreed with draft compensation plan and had no comments; AHs have agreed with compensation and allowance policies that applied to calculate compensation for them. ii. Suggest informing width of ROW and methods to determine affected assets under ROW. iii. AHs requested to submit compensation plan to competence agencies for approving as soon as possible because AHs have waited so long for approved compensation plan to pay compensation for them. 32. The above-mentioned issues of concerns and proposals from the APs were listened and consulted by DCSCCs, resettlement consultant and representatives of SPMB then clearly explained and discussed at the meetings in terms of project policies, entitlements as well as obligations of the APs. Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 8
Semi-annual Internal Monitoring Report July 2016 Table 7: Dates of meeting on announcing compensation plan Communes Dates of Consultations Number of Participants Total Male Female Tan Phu Trung March 11 th 2016 49 28 21 Tan Thanh Dong March 11 th 2016 49 31 18 Binh My March 14 th 2016 92 51 41 Dong Thanh March 10 th 2016 46 27 19 Thoi Tam Thon March 9 th 2016 69 45 24 Tan Chanh Hiep May 6 th 2016 57 38 19 Tan Thoi Hiep May 6 th 2016 43 25 18 Total 405 245 160 II. Detailed Measurement Survey and Entitlement 33. Detailed Measurement Survey (DMS) has been carried out since mid-june 2014 and completed at the end of June 2014. DCSCCs and the CPCs have reviewed legal ownership of APs property for all AHs including 221 AHs in Cu Chi District, 432 AHs in Hoc Mon District and 362 AHs in District 12. The DMS progress by area is described as below: Table 8. DMS progress by area as of January 2016 District DMS for households affected by permanent LA for tower foundations DMS for households affected by land use restrictions within the ROW No. of AHs Status No. of AHs Status Cu Chi 32 Done 189 Done Hoc Mon 16 Done 416 Done District 12 11 Done 362 Done 34. The DMS implementation with participation of many stakeholders including the representatives of DCSCC, SPMB, head of villages, cadastral officers, and APs. 35. During DMS, enumeration was conducted fully and exactly for all lost land and assets on land of the AHs and affected communities. The DMS results were publicly disclosed and posted at the CPCs offices for AHs to recheck and complain for correction (if any). APs were announced schedule for DMS before and their attendance were required, therefore most APs have attended in DMS progress. After DMS, APs rechecked their affected assets and signed the DMS minutes. They were supplied with a copy of their DMS record for keeping. So far, no households has lodged complaint regarding the DMS results. DMS duration by commune is described in the table below. Cu Chi District Hoc Mon District 12 Table 9: DMS implementation progress in affected communes Commune Detailed Measurement Survey Starting date Finishing date Tan Phu Trung 15/6/2014 24/6/2014 Tan Thanh Dong 15/6/2014 24/6/2014 Binh My 15/6/2014 24/6/2014 Dong Thanh 15/6/2014 24/6/2014 Thoi Tam Thon 15/6/2014 24/6/2014 Tan Chanh Hiep 15/6/2014 24/6/2014 Tan Thoi Hiep 15/6/2014 24/6/2014 Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 9
Semi-annual Internal Monitoring Report July 2016 36. Price survey and appraisal: Until now, the replacement price survey has been conducted completely by price appraisal consultants. This price has been determined again by Districts compensation site clearance committee and submitted to DONRE and City People s Committee for appraising and approving. On December 10th 2015, Ho Chi Minh City People s Committee has issued Decision No. 6762/QD-UBND on approving adjustment coefficient plan of land price for compensation for the 220KV Cau Bong Hoc Mon Binh Tan in Cu Chi, Hoc Mon District and District 12. 37. Establishing for Compensation plan: Until present, the establishing for compensation plan has been implemented in all Districts. The draft compensation plans have been announced for AHs at all affected communes. On March 9th 2016, Cu Chi DPC has issued Decision No. 1494/QD-UBND on approving compensation, allowance and resettlement plan for AHs of the 220KV Cau Bong Hoc Mon Binh Tân (section through Cu Chi District). After that, on May 27th 2016, Hoc Mon District has issued Decision No. 2878/QD-UBND on approving compensation, allowance and resettlement plan for AHs by the project, section through Hoc Mon District. Currently, Hoc Mon and Cu Chi DCSCC were adjusting specific compensation value of each AH to submit for approval before compensation payment. District 12 have been revised compensation plan after announcing. It is expected to submit to DPC for approval in July 2016. III. Compensation Payment and Assistance 3.1 Compensation Payment and Assistance for AHs 38. So far, in Hoc Mon and Cu Chi District, although the plan of compensation and support have been approved but DCSCCs need to re-adjust exactly compensation value of each AH before compensation payment. Therefore until the end June of 2016, compensation payment has not been done. Compensation payment is expected to conduct in July 2016. However, to meet with the progress of the construction works, at almost all positions, SPMB, contractors and AHs have signed an agreement in which the SPMB pays AHs in advance to support for their affected land and assets and get site handover for construction of tower foundation and stringing cable. So far, The SPMB and contractors have paid in advance to 51 AHs for construction of towers and cable stringing, with total amount of VND 18,154,740,471. Status of compensation payment for AHs described as Table below. Table 10: Situation of payment in advance No District/Commune Amount (VND) (Until the previous quarter) Amount (VND) (In this quarter) No of AHs who have received compensation in advance I Cu Chi District 1,052,090,000 2,100,000,000 10 1.1 Tan Phu Trung 18,024,000 1 1.2 Tan Thanh Dong 620,000,000 2,100,000,000 4 1.3 Binh My 414,066,000 5 II Hoc Mon District 6,923,568,000 1,942,266,500 25 2.1 Dong Thanh 5,018,000,000 303,000,000 10 2.2 Thoi Tam Thon 1,905,568,000 1,639,266,500 15 III District 12 6,136,815,971 3,112,132,896 16 3.1 Tan Chanh Hiep 1,705,541,971 146,712,896 7 3.2 Tan Thoi Hiep 4,431,274,000 2,965,420,000 9 Total 14,112,473,971 4,042,266,500 51 3.2 Compensation Payment and Assistance for Relocated HHs 39. No one needs to be relocated due to the project implementation. Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 10
Semi-annual Internal Monitoring Report July 2016 3.3 Other Support for Severely AHs and Vulnerable Groups 40. DMS found that there is no AH entitled as severely or vulnerable groups. IV. Land Acquisition 41. The results of the DMS indicated that there is no AP has to be relocated. Since the updated RP has been approved, the land acquisition activities are implemented based on agreement among AHs, SPMB and contractors for handing over land in advance for tower foundation construction and cable stringing. AHs were paid compensation in advance and land handed over to contractors. 42. Up to the end of the this quarter, although compensation payment are not done yet, all land areas acquired (100% of positions) for tower construction have been handed over to the contractors for construction (including: 32/32 towers in Cu Chi District, 16/16 towers in Hoc Mon and 11/11 towers in District 12) and 98.1% of ground for cable stringing has been handed over for project construction. Present, SPMB, DSCCs and contractors keep negotiating with AHs for handing over ground for stringing cable. V. Grievance Redress Mechanism 43. 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. 44. Status of complaint and redress until the end of this quarter described as below: Table 11: Summary of resolving until the end of this quarter Time Complaint contents Resolving status At position 43, Mr. Pham Van Luc Hoc Mon DCSCC, SPMB, contractor and people's committee of project communes have cooperated for negotiating with the household to allow constructing project. requested compensated price for Until now, the AH has agreed to sign Complaint land is 20 million/m 2. He also agreement minutes to hand over site to has raised requested being allowed to contractor for project construction. from the However, He requested compensated transfer use purpose of whole of previous price for land is 20 million/m 2. He also the affected land plot from quarter requested being allowed to transfer use agricultural land to residential purpose of whole of the affected land land. plot from agricultural land to residential land. The Hoc Mon DCSCC have been considering looking for a reasonable redress option. This quarter On the June 29 th 2016, household of Mr. Nguyen Ba Truu located at Thoi Tam Thon Commune have sent his complaint to Hoc Mon DCSCC on requesting temporarily don t pay compensation for household Mr. Le Dai Hung because they have been Currently, Hoc Mon DCSCC is considering resolving. Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 11
Semi-annual Internal Monitoring Report July 2016 Time Complaint contents Resolving status disputing land use right of compensated land plot. 45. Besides, AHs the complaints, during the RP implementation have been raised some AH s difficulties. Summary of specific comments described as below: - Suggest informing width of ROW and methods to determine affected assets under ROW. - AHs requested to submit compensation plan to competence agencies for approving as soon as possible because AHs have waited so long for approved compensation plan to pay compensation for them. 46. The above-mentioned issues of concerns and proposals from the APs were listened and consulted by DCSCCs, resettlement consultant and representatives of SPMB then clearly explained and discussed at the meetings in terms of project policies, entitlements as well as obligations of the APs. Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 12
Semi-annual Internal Monitoring Report July 2016 I. Internal Monitoring PART III - MONITORING 47. The SPMB 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 SPMB 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. 48. 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 January to June 2016 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. 49. SPMB 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, DCSCCs, mass organizations, and in-depth interviewing APs has been applied to achieve the monitoring target. 50. Summary of submitted report on internal monitoring such as below: Table 12: Summary of submitted internal monitoring report No. Type of report Status of submission I Quarter report 1 The second quarter, 2014 Submitted 2 The third quarter, 2014 Submitted 3 The fourth quarter, 2014 Submitted 4 The first quarter, 2015 Submitted 5 The second quarter, 2015 Submitted 6 The third quarter, 2015 Submitted 7 The fourth quarter, 2015 Submitted 8 The first quarter, 2016 9 The second quarter, 2016 Submitted Submitted II Semi-annual report 1 The semi report of 6 months end of 2014 Submitted 2 The semi report of 6 months early of 2015 Submitted 3 The semi report of 6 months end of 2015 Submitted 4 The semi report of 6 months end of 2016 Being submitted Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 13
Semi-annual Internal Monitoring Report July 2016 II. Monitoring the Compliance of RP Implementation 51. In addition to the internal monitoring taken by the SPMB, it is always required to have a different objective information channel independently. The key objective of external monitoring is to determine whether NPT/SPMBs 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. 52. 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 second monitoring on February 2016. Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 14
Semi-annual Internal Monitoring Report July 2016 PART IV - CONCLUSIONS AND RECOMMENDATIONS I. Conclusions and Recommendations 1.1 Conclusion 53. The RP implementation in Ho Chi Minh City has been delayed for a long time because Ho Chi Minh City People's Committee has promulgated late regulation of compensation, support and land clearance. However, currently these issues have been resolved. DCSCCs have prepared compensation plan and announced to APs. Specially, Hoc Mon and Cu Chi DPC have issued Decisions on approving compensation plan. Compensation payment was expected to conduct in July 2016 at all District. 54. The DMS has been completed. District s division of natural resources and environment have determined completely the legal ownership, reviewed the origin of land title and relevant legal documents for formulating the compensation plan. 55. 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. Until the end of this quarter, SPMB has paid in advance for 51 AHs with amount of VND 18,154,740,471. 56. Up to the end June of 2016, although compensation payment are not done yet, all land areas acquired (100% of positions) for tower and 98.1% of ground for cable stringing has been handed over to contractors for project construction. Present, SPMB, DSCCs and contractors keep negotiating with AHs for handing over ground for stringing cable. Besides, this issue has been mentioned in due diligence report and independent monitoring report of project. These reports also mentioned corrective activities for it and received agreement of ADB. 57. AHs complaints have been receipting and considering resolving effectively and timely. 1.2 Recommendations 58. 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) DCSCCs need to speed up compensation payment progress for AHs. At the same time, ensure all AHs would fully receive compensation for all their affected assets. District 12 should speed up submitting compensation plan to DPC for appraisal and approval. SPMB and DSCCS need to carry out surveys to assess effects of land acquisition before compensation. Thence, there are accordant corrective plans for APs if necessary. SPMB need to continue cooperating closely with local stakeholders to consult and negotiate with APs about entitlement policies of the project. At the same time, it is necessary to compensation in advance for APs to construct project while waiting for approved compensation plan and official compensation payment for APs. II. Plan for the next period 59. Cu Chi and Hoc Mon DCSCC should pay compensation for AHs as soon as possible. 60. In case necessary, public meeting activities will be still continuously carried out to ensure that affected households, concerns and grievances are addressed and resolved in a timely and satisfactory manner. Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 15
Semi-annual Internal Monitoring Report July 2016 61. SPPMB and contractor need to push up the payment of compensation and supports in advance for cable stringing to ensure the project progress. 62. DCSCCs and relevant agencies will consider to resolve completely AHs complaints to ensure efficiently and timely of complaint resolving. Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 16
Semi-annual Internal Monitoring Report July 2016 PART V - APPENDIX 5.1 Appendix 1. Project Impacts Affected land by communes of Cau Bong - Hoc Mon - Binh Tan 220kV TL Districts/ Agricultural land Residential land Garden land Total Communes Cu Chi District 13,378.7 63.6 3,832.3 17,274.6 Tan Phu Trung 6,292.7 6,292.7 Tan Thanh Dong 3,965.2 1,200.6 5,165.8 Binh My 3,120.8 63.6 2,631.7 5,816.1 Hoc Mon District 4,140.5 406,4 4,546.9 Dong Thanh 3,064 406,4 3,470.4 Thoi Tam Thon 1,076.5 1,076.5 District 12 3,352.0 36,6 336.4 3,725 Tan Chanh Hiep 1,624.5 36.6 336.4 1,997.5 Tan Thoi Hiep 1,727.5 1,727.5 Total 20,871.2 506.6 4,168.7 25,546.5 Source: DMS data, May-July, 2014 Impacts on lands under the ROWs by commune Districts/ Communes No. of AHs (HH) Area of affected land by the ROW (m 2 ) Cu Chi District 188 164,423.1 Tan Phu Trung 54 51,159.3 Tan Thanh Dong 49 55,313.7 Binh My 87 57,950.1 Hoc Mon District 400 92,044.3 Dong Thanh 241 64,302.5 Thoi Tam Thon 159 27,741.8 District 12 322 70,914.1 Tan Chanh Hiep 218 46,896 Tan Thoi Hiep 104 24,018 Total 910 327,381.5 Source: DMS data, May-July, 2014 Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 17
Semi-annual Internal Monitoring Report July 2016 5.2 Appendix 2. Progress on RP implementation Status of compensation plan till July 2015 Project information Detailed Making compensation Verify and approve the Compensation Province District Commune dissemination Starting Finishing Measurement Survey Starting Finishing plan Starting Finishing compensation plan Submitting Date of payment Starting Finishing date date date date date date date approval date date Tan Phu Trung 27/12/2014 27/12/2014 15/6/2014 24/6/2014 Done Done Done Done Not yet Not yet Cu Chi Tan Dong Thanh 23/12/2014 23/12/2014 15/6/2014 24/6/2014 Done Done Done Done Not yet Not yet Ho Chi Minh city Hoc Mon Binh My 26/12/2014 26/12/2014 15/6/2014 24/6/2014 Done Done Done Done Not yet Not yet Dong Thanh 14/1/2015 14/1/2015 15/6/2014 24/6/2014 Done Done Done Done Not yet Not yet Thoi Tam Thon 17/1/2015 17/1/2015 15/6/2014 24/6/2014 Done Done Done Done Not yet Not yet District 12 Tan Chanh Hiep 19/12/2014 19/12/2014 15/6/2014 24/6/2014 Not yet Not yet Not yet Not yet Not yet Not yet Tan Thoi Hiep 19/12/2014 19/12/2014 15/6/2014 24/6/2014 Not yet Not yet Not yet Not yet Not yet Not yet Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 18
Semi-annual Internal Monitoring Report July 2016 5.3 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 permanently acquired Land Partially affected (less than 10% of the total productive land holding) Owners with LURC, or in the process of acquiring LURC and owners eligible to acquire LURC according to Government policies a. Cash compensation for acquired land at replacement cost at current market rates for affected portion; b. Entitled to allowance for vocational trainings career change and job seeking in cash not exceed 5 times of the affected land value. + AHs to be notified at least 90 days (for agricultural land) and 180 days (for nonagricultural land) prior to land acquisition (Land Law 2013 - Article 67). + Full payment for AHs at least one (01) month before site clearance. + SPPMB and DCSCC guide the AHs to 2 Restrictions on land use in ROW Partially and/or totally affected All AHs have productive land in ROW a. No compensation for land; 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 grow plant higher than 4 m. 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. + AHs can be required to cut affected trees, timbers. The Project will pay for the cutting. 3 Temporary impacts Temporary loss of land and assets on Users of affected land (to be determined during For land area to be temporarily used during construction stage: (i) rental in cash which will be no less than the net income that would + Land characters and quality must be restored before returning to the AHs; + If the quality of land will be radically Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 19
Semi-annual Internal Monitoring Report July 2016 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 and/or Nonagricultural Land in ROW Partially and/or totally affected All AHs have residential and/or non-agricultural land in ROW a. No compensation for land; 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. Affected land in ROW will be rehabilitated by contractors after the project construction and land in ROW could be used with the restricted purposes. II. MAIN HOUSES AND OTHER STRUCTURES IN ROW II.1. Main houses 1 Main affected houses Partially affected (affected area less than 50% of total land area without any impact to the remaining Owners of the houses with or without acceptable proof of ownership over the land; with or without building permit Retain houses according to the conditions regulated by Article 13 of Decree No.14/2014/ND-CP, and Cash compensation for directly affected parts of the houses at the replacement cost and cost for dismantling the affected parts. The technical norms for partially or fully affected house will be determined by the DCSCC with the technical assistance from District or Provincial Construction Department and concurred by the PDP during the DMS. + The calculation of rates will be based on the actual affected area and not the Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 20
Semi-annual Internal Monitoring Report July 2016 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues structures the house of useable area. II.2. Other structures a. Cash compensation for the entire affected structures will be provided at 100% of the full 1 Secondary Structures (kitchen, latrines, bathrooms, wells, animal shelters, fences, etc.) Structures lost and/or damaged due to location in ROW All AHs have structures in ROW replacement cost for materials and labor, without provision for deduction of depreciation 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 The calculation of rates will be based on the actual affected area and not the useable area. current market prices; b. Provision of allowance for the installation of fireproofing materials and lightning arrestors. III. ON-LAND AFFECTED CROPS AND TREES If standing crops are ripening and cannot be + APs have the right to use salvable 1 Annual crops (paddy and other annual crops) Crops lost and/or damaged due to location in ROW Owners regardless 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. trees. + 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. 2 Trees and timbers (fruit trees, Trees and/or lost Owners regardless of tenure status Cash compensation at replacement cost is equivalent to current market value given the + Compensation must equal in value to trees that would be harvested had Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 21
Semi-annual Internal Monitoring Report July 2016 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues timbers, wood damaged due type, diameter at breast height, age and acquisition not occurred. trees, etc.) 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 Assistance for vocational training, career change and job seeking: 1 Households having agricultural land affected Affected and loss of land All AHs with agricultural land permanently acquired + 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 house or install fire-proof materials and lightning arrestors, Houses partially or fully affected AHs with houses in ROW + With houses Grade 4, allowance for installing fireproof materials and lightning arrestors. + With houses Grade 5, allowance for improvement. At time of compensation, allowance will be adjusted for inflation to ensure that APs can do the improvement in safe manners. and assistance to + Allowance due to restricted usage and Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 22
Semi-annual Internal Monitoring Report July 2016 No. Type of Loss/Impacts Level of Impacts Eligible Persons Entitlements Implementation Issues mitigate impacts impacts on daily-life activities. due to restricted usage and impacts on daily life activities V.5. Allowances for other structures in ROW 1 Assistance to improve or install fireproof materials and lightning arrestors Other structures partially or fully affected AHs with other structures in ROW + With houses Grade 4, allowance for installing fireproof materials and lightning arrestors. + With houses Grade 5, allowance for improvement. At time of compensation, allowance will be adjusted for inflation to ensure that APs can do the improvement in safe manners. V.6. Other Allowances Based on the actual situation of the 1 Loss of land and non-land assets Affected households whose houses will be relocated from the ROW Every relocating AP will be provided with a lump-sum one time allowance package to cover the cost of domestic water, power and telephone connections at the new site as per PPC s decision at payment time but it is not locality, the PPC Chairman issues other allowances (according to the Article 23 in the Decree No. 69/2009/ND-CP) to ensure accommodations, life stabilization and production for DPs. Special cases less than 3.5 million VND per household. have to be submitted to the Prime Minister for approval. VI. Incentive Bonus Loss of land and non-land assets All AHs If APs hand over the affected land immediately after receiving compensation and allowances will be awarded an incentive bonus of VND 5,000,000 as per regulations of the PPC Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 23
5.4 Appendix 4. Public Information Booklet National Power Transmission Corporation (NPT) Southern Vietnam Power Projects Management Board (SPPMB) Ho Chi Minh City Province People s Committees Cu Chi/Hoc Mon/District 12 District People s Committees Cu Chi/Hoc Mon/District 12 District Compensation and Resettlement Boards (DCSCCs) Public Information Booklet Cau Bong - Hoc Mon - Binh Tan 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 - Hoc Mon - Binh Tan 220kV Transmission Line Project is designed to ensure reliable electricity supply to load centres in Hoc Mon District, Binh Tan District, Go Vap District and District 12 of Ho Chi Minh City; and strengthen the connectivity capacity for power network in the Northwest of Ho Chi Minh City to provinces Tay Ninh and Long An. The Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project has a total length of 15.97 km that comprises the following sub-components: (i) 7.645 km for improvement of existing transmission line; (ii) 7.147 for construction of new transmission line; (iii) 0.314 km for connection to 220 kv transmission line; and (iv) 0.864 km for connection to 110 kv transmission line. The Project will traverse to seven communes of three districts of Ho Chi Minh City, namely, Cu Chi, Hoc Mon and District 12. Of which, three communes of Tan Phu Trung, Tan Thanh Dong and Binh My belong to Cu Chi district, two communes of Dong Thanh and Tam Thoi Thon belong to Hoc Mon district and two wards of Tan Chanh Hiep and Tan Thoi Hiep belong to District 12. Land will be required for the: (i) right-of-way; (ii) suspension towers; and (iii) tension towers. 2. Scope of Land Acquisition and Resettlement The rights-of-way (ROWs) for Cau Bong - Hoc Mon - Binh Tan Transmission Line Project shall require a total are 352,928 m² of land, of which 327,381.6m² is covered in Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 24
restriction on lands under the ROW and 25,546.4 m² of land is permanently acquired for permanent use of 59 suspension and tension towers. The Project will impact on total of 910 affected household (AHs) who own the following affected properties: (i) 350 houses due to height limit under the ROW, (ii) 10,885 trees due to the clearing of ROWs. 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 - Hoc Mon - Binh Tan 220kV Transmission Lines Project? Answer: The Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project is designed to ensure reliable electricity supply to load centres in Hoc Mon District, Binh Tan District, Go Vap District and District 12 of Ho Chi Minh City; and strengthen the connectivity capacity for power network in the Northwest of Ho Chi Minh City to provinces Tay Ninh and Long An. The Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project has a total length of 15.97 km that comprises the following sub-components: (i) 7.645 km for improvement of existing transmission line; (ii) 7.147 for construction of new transmission line; (iii) 0.314 km for connection to 220 kv transmission line; and (iv) 0.864 km for connection to 110 kv transmission line. Question 2: How will the Cau Bong - Hoc Mon - Binh Tan 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? Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 25
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 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 Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 26
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 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. DCSCC 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: Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 27
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 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 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 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 (SPPMB) Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 28
Tel: +84 822100 720 Fax: +84 83836 1096 Add: 610 Vo Van Kiet street, District 1, Ho Chi Minh City Cu Chi District Compensation and Resettlement Board (DCSCC) Tel: +84 38920001 Fax: +84 38920001 Add: Zone 7, Cu Chi township, Cu Chi District, Ho Chi Minh City Hoc Mon District Compensation and Resettlement Board (DCSCC) Tel: 08.37103933 Fax: 08. 37103933 Add: 36/2ª Nguyen Van Bua, Group 2, Xuan Thoi Son commune, Hoc Mon district District 12 Compensation and Resettlement Board (DCSCC) Tel: 08.37156031 Fax: 08.37156031 Add: No.1 Le Thi Rieng Street, Thoi An Ward, District 12 Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 29
5.5 Appendix 5. Minutes of announcement mettings of compensation plan Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 30
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5.6 Appendix 6. List of AHs who have received payment in advance No. Name Tower location Amount (VND) Commune I Until the end of 2015 1 Đặng Phước Long 14 20,000,000 Tân Thạnh Đông 2 Phạm Văn Minh 27 150,000,000 Binh Mỹ 3 Nguyễn Thị Đào 28 200,000,000 Đông Thạnh 4 Nguyễn Văn Nhạn 30 30,000,000 Đông Thạnh 5 Lê Văn Cắt 32 30,000,000 Đông Thạnh 6 Trần Văn Út 33 100,000,000 Đông Thạnh 7 Huỳnh Văn Hít 34 150,000,000 Đông Thạnh 8 Trần Mỹ Dung 39 200,000,000 Thới Tam Thôn 9 Huỳnh Ngọc Tấn 1; 3A 144,688,000-10 Lâm Văn Đỗ 5 30,000,000-11 Đỗ Hòa 9 112,860,000-25 350,000,000-12 Trần Thị Phùng 48 170,000,000-13 Trần Văn Nhanh 40,000,000-14 Bùi Thị Én 49 29,260,000-15 Lê Thành Chung 110,000,000-16 Nguyễn Thị Cang 100,000,000-17 Trần Văn Hải 51 100,000,000-18 Nguyễn Văn Xuân 18,760,000-19 Trần Thị Nuôi 54 400,000,000 - SUBTOTAL 2,485,568,000 II Until the end of the previous quarter Củ Chi 882,090,000 1 Lê Văn Tùng 17;21 107,000,000 Bình Mỹ 2 Nguyễn Thị Mọng Điệp VT18 600,000,000 Tân Thạnh Đông 3 Đỗ Hòa VT19 4 Trần Thị Sáu VT16 5 Trần Thị Liễu 3,066,000 Bình Mỹ 6 Nguyễn Thị Yến Như VT13 18,024,000 Tân Phú Trung 7 Đặng Thị Nghễ VT17-21 130,000,000 Bình Mỹ 8 Trần Văn Đạo VT17-21 24,000,000 Bình Mỹ Hốc Môn 4,608,000,000-1 Đặng Văn Trước VT37-47 100,000,000 Thới Tam Thôn 2 Nguyễn Văn Dũng VT29-37 3,000,000,000 Đông Thạnh 3 Nguyễn Văn Bền VT29-37 400,000,000 Đông Thạnh 4 Nguyễn Hữu Thắng VT29-37 228,000,000 Đông Thạnh 5 Phạm Văn Lức VT43 6 Nguyễn Văn Điệp VT41-43 7 Trần Văn Lo VT33 8 Đặng Trường Sơn VT29 880,000,000 Đông Thạnh Quận 12 6,136,815,971 0 1 Bùi Đức Thành VT37-47 106,665,936 Tân Chánh Hiệp 2 Lưu Văn Nhẹ VT37-47 1,006,057,549 Tân Chánh Hiệp Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 43
No. Name Tower location Amount (VND) Commune 3 Nguyễn Hữu Đồng VT37-47 78,247,250 Tân Chánh Hiệp 4 Thái Thị Hồng VT37-47 46,697,931 Tân Chánh Hiệp 5 Nguyễn Viết Ánh VT37-47 467,873,305 Tân Chánh Hiệp 6 Lương Văn Long VT37-47 7 Nguyễn Văn Triển VT37-47 8 Đỗ Văn Bắt VT37-47 9 Nguyễn Văn Trác VT37-47 10 Nguyễn Văn Điệp VT37-47 11 Huỳnh Thị Hoa VT37-47 530,000,000 Tân Thới Hiệp 12 Trần Viết Thắng VT47 58,274,000 Tân Thới Hiệp 13 Nguyễn Văn Giác VT46 2,600,000,000 Tân Thới Hiệp 14 Trịnh Xuân Bôn VT47-52 210,000,000 Tân Thới Hiệp 15 Nguyễn Minh Cương VT47-52 50,000,000 Tân Thới Hiệp 16 Trần Thị Cúc VT47-52 983,000,000 Tân Thới Hiệp SUBTOTAL 11,626,905,971 III Until the end of this quarter Củ Chi 2,100,000,000 1 Lê Văn Tùng 17;21 Bình Mỹ 2 Nguyễn Thị Mọng Điệp VT18 Tân Thạnh Đông 3 Đỗ Hòa VT19 400,000,000 Tân Thạnh Đông 4 Trần Thị Sáu VT16 1,700,000,000 Tân Thạnh Đông 5 Trần Thị Liễu Bình Mỹ 6 Nguyễn Thị Yến Như VT13 Tân Phú Trung 7 Đặng Thị Nghễ VT17-21 Bình Mỹ 8 Trần Văn Đạo VT17-21 Bình Mỹ Hốc Môn 1,942,266,500-1 Đặng Văn Trước VT37-47 Thới Tam Thôn 2 Nguyễn Văn Dũng VT29-37 Đông Thạnh 3 Nguyễn Văn Bền VT29-37 Đông Thạnh 4 Nguyễn Hữu Thắng VT29-37 Đông Thạnh 5 Phạm Văn Lức VT43 359,266,500 Thới Tam Thôn 6 Nguyễn Văn Điệp VT41-43 1,280,000,000 Thới Tam Thôn 7 Trần Văn Lo VT33 303,000,000 Đông Thạnh 8 Đặng Trường Sơn VT29 Đông Thạnh Quận 12 3,112,132,896 0 1 Bùi Đức Thành VT37-47 Tân Chánh Hiệp 2 Lưu Văn Nhẹ VT37-47 Tân Chánh Hiệp 3 Nguyễn Hữu Đồng VT37-47 Tân Chánh Hiệp 4 Thái Thị Hồng VT37-47 Tân Chánh Hiệp 5 Nguyễn Viết Ánh VT37-47 Tân Chánh Hiệp 6 Lương Văn Long VT37-47 116,712,896 Tân Chánh Hiệp 7 Nguyễn Văn Triển VT37-47 30,000,000 Tân Chánh Hiệp 8 Đỗ Văn Bắt VT37-47 430,141,000 Tân Thới Hiệp 9 Nguyễn Văn Trác VT37-47 55,279,000 Tân Thới Hiệp Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 44
No. Name Tower location Amount (VND) Commune 10 Nguyễn Văn Điệp VT37-47 2,480,000,000 Tân Thới Hiệp 11 Huỳnh Thị Hoa VT37-47 Tân Thới Hiệp 12 Trần Viết Thắng VT47 Tân Thới Hiệp 13 Nguyễn Văn Giác VT46 Tân Thới Hiệp 14 Trịnh Xuân Bôn VT47-52 Tân Thới Hiệp 15 Nguyễn Minh Cương VT47-52 Tân Thới Hiệp 16 Trần Thị Cúc VT47-52 Tân Thới Hiệp SUBTOTAL 7,154,399,396 TOTAL 18,154,740,471 Cau Bong - Hoc Mon - Binh Tan 220kV Transmission Line Project 45
5.7 Appendix 7. Decision on approving of adjustment coefficient plan of land price for calculating compensation, support for AHs Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 46
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5.8 Appendix 8. Decision on approving of compensation plan, section through Cu Chi District Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 55
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5.9 Appendix 9. Some pictures from Public Consultation Meetings Tan Phu Trung Commune Tan Thanh Dong Commune Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 62
Binh My Commune Thoi Tam Thon Commune Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 63
Tan Chanh Hiep Ward Tan Thoi Hiep Ward Cau Bong Hoc Mon Binh Tan 220kV Transmission Line Project 64