Social Monitoring Report Semestral Report July to December 2014 VIE: Power Transmission Investment Program, Tranche 1 220kV Phu My Industrial Zone Substation and 220kV Song May-Uyen Hung 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 VIETNAM POWER PROJECT MANAGEMENT BOARD Project Number: 42039-034 Period: Jul-Dec, 2014 POWER TRANSMISSION INVESTMENT PROGRAM TRANCHE 1 SUB-PROJECT: 220KV PHU MY 2 INDUSTRIAL ZONE SUBSTATION 220KV SONG MAY-UYEN HUNG TRANSMISSION LINE SEMI-ANNUAL INTERNAL MONITORING REPORT ON IMPLEMENTATION OF RESETTLEMENT PLAN HOCHIMINH, 1/2015
Abbreviations ADB AP AH CARB CPC DMS DP DPC EVN GOV HH LURC NPT PM2 PPC ROW RP RF SES SMUH SPMB SPS USD VND Asian Development Bank (project) Affected Person (project) Affected Household Compensation, Assistance and Resettlement Board Commune People s Committee Detailed Measurement Survey Displaced Persons District People s Committee Vietnam Electricity Government Household Land Use Rights Certificate National Power Transmission Corporation 220kV Phu My 2 Industrial Zone Substation and Connection Line Provincial Peoples Committee Right of Way Resettlement Plan Resettlement Framework Socio-Economic Survey 220kV Song May-Uyen Hung Transmission Line Southern Power Management Board Safeguard Policy Statement United States Dollars Viet Nam Dong i
Table of Contents PART I INTRODUCTION... 3 1. Project background... 3 2. Progress of the project implementation... 5 2.1 Phu My 2 Industrial Zones Substation and Connection Lines subproject... 5 2.2 Song May-Uyen Hung Transmission Line subproject... 6 2.3 Progress of RP implementation... 6 3. Safeguard policy and Human resources... 8 3.1 Project policy and Compliance with Government s regulation and ADB s requirement 8 3.2 Monitoring team... 8 PART II IMPLEMENTATION OF SAFEGUARD POLICY... 10 1. Public consultation, Participation, and Information disclosure... 10 2. Detailed measurement survey... 10 3. Payment of compensation and assistance... 11 3.1 Payment of compensation and assistance for AHs... 11 3.2 Payment of compensation and assistance for relocated HHs... 15 4. Other support for severely AHs and vulnerable groups... 15 5. Gender issue... 15 6. Grievances redress mechanism... 15 PART III MONITORING... 16 1. Internal monitoring... 16 2. Monitoring the compliance of RP implementation... 17 PART IV CONCLUSION AND RECOMMENDATION... 19 1. Conclusion and Recommendation... 19 2. Plan for the next period... 19 Annex 1 Agreement between contractor and AHs Annex 2 Entitlement Matrix Annex 3 New document on compensation and support Annex 4 Working with community Annex 5 List of additional DPs Annex 6 List of DPs not receiving compensation and assistance Annex 7 Replacement forest in other locality Annex 8 Records of Grievance Redress Mechanism 1
List of table Table 1 Scope of the subproject Table 2 Construction work in 220kV Phu My 2 substation subproject Table 3 Construction work in 220kV Song May-Uyen Hung TL subproject Table 4 Progress of RP implementation (up to 12/2014) Table 5 Member list of monitoring team Table 6 List of approved compensation plan 2
1. Project background PART I INTRODUCTION 1. The National Power Transmission Corporation (NPT) of the Government of the Socialist Republic Viet Nam (GOV) has requested financing from the Asian Development Bank (ADB) to partly fund Master Plan of Power Development of Viet Nam No.VI which includes: i. Subproject of 220kV Phu My 2 Industrial Zone Substation locates in Tan Phuoc commune, Tan Thanh district, Ba Ria-Vung Tau province. ii. Subproject of 220kV Song May-Uyen Hung transmission line has a total length of about 21.68 km which belongs to Trang Bom and Vinh Cuu districts, Dong Nai province, Bac Tan Uyen district and Tan Uyen town, Binh Duong province. 2. With less than 200 affected people could lose more than 10% of their productive asset for the subproject of 220kV Song May-Uyen Hung transmission line and subproject of 220kV Phu My 2 Industrial Zone Substation, making these two subprojects Category B. No Subproject component Voltage level Table 1 Scope of the subproject Number of circuits Beginning point I. Subproject: Phu My 2 Industrial Zones and Connection Lines 1 2 220kV Phu My 2 Industrial zone substation The 220kV connections 220/110/ 22kV Ending point Length (m) Number of angle tower Capacity: 3x250MVA, initial stage 2x250MVA Location: Tan Phuoc commune, Tan Thanh district, Ba Ria - Vung Tau Area: 56,000 m2 (included substation and access road) 220kV 4 N242-66ĐN 220kV gate pole of the 220kV Phu My 2 1,808 4 3 The 110kv connections 3.1 Part 1: 110kV connection line 110kV 4 110kV gate pole of the 220kV Phu My 2 pole T15/8 of the 110kV Phu My - Thi Vai and Posco 778 3 3
No 3.2 Subproject component Part 2: 110kV connection line Voltage level Number of circuits 110kV 4 Beginning point 110kV gate pole of the 220kV Phu My 2 Ending point pole T15/8 of the 110kV Phu My - Thi Vai and Posco Length (m) Number of angle tower 859 3 II. Subproject: Song May Uyen Hung Transmission Line 21,680 70 1 2 Line traverses Dong Nai province Line traverses Binh Duong province 220kV 220kV 220kV busbar of 500kV Song May substation G28 G28 6,940 32 220kV busbar of 220kV Uyen Hung substation 14,740 38 3. The impacts of Phu My 2 Industrial Zones Substation and Connection Lines subproject. The DMS implemented since August 2013 shows that about 132,220.3 m 2 of land affected by the project. Of which 58,705 m 2 of land, including 49,079.3 m 2 handing over from Phu My 2 Industrial Zone and 1,514 m 2 under management of Tan Phuoc CPC, are permanently acquired for substation, access road, tower foundations and 61,790.2 m 2 of land affected in ROW. Productive land, such as rice paddies, fish pond, vegetable gardens, orchards, accounts for 83.3% of all affected lands. No one needs to be relocated by the project implementation. DMS also found that there is no AH entitled as severely affected by the project implementation. 4. A total of 85 households and 01 institution (Phu My 2 Industrial Zone) is impacted by project resulting from land acquisition, in which 26 households is acquired land for constructing substation, access road, and tower foundation. Among HHs impacted in ROW, there are 19 households impacted with structures and houses. Types of houses and structures in ROW is houses grade 4, houses grade 5. In addition, trees with commercial value are also affected (about 191 timber trees/ industrial trees and 86 fruit trees by the project). The DMS found that there are not any public facilities affected by the project. 5. The impacts of Song May-Uyen Hung Transmission Line subproject. The DMS implemented since August 2013 shows that about 469,006.2 m 2 of land are affected by the project. Of which 21,350.1 m 2 of land, including 8,185.8 m 2 managed by the Government, is permanently acquired for tower foundations and 448,126.9 m 2 of land affected by ROW. 4
There is no AH identified as severely affected by the project implementation. According to DMS, total 1,227.4 m 2 of forest is acquired by foundation construction while 37,756.5 m 2 of forest affected by under ROW. Forest affected by the project is managed by Tan Uyen Forest Protection Department. 6. A total of 219 households and 08 institutions are impacted by project resulting from affected land, in which 55 households and 4 institutions are acquired land for constructing tower foundation. Among AHs in ROW, there are 19 households impacted with structures and houses. Types of houses and structures in ROW is houses grade 4, houses grade 5. In addition, trees with commercial value, as eucalyptus, rubber, and cashew are also affected. The DMS found that there are not any public facilities, historical and cultural structures affected by the project. 2. Progress of the project implementation 2.1 Phu My 2 Industrial Zones Substation and Connection Lines subproject 7. The subproject construction activities in the period of 6 months including construction of substation, rehabilitation of access road, excavation of towers foundation, tower erection, and cable stringing. Construction works are mainly undertaken in the site of Phu My 2 Industrial Zone. Completion of works up to end of December, 2014 are as follow: Table 2 Construction work in 220kV Phu My 2 substation subproject Item Work content Progress (%) I Access road to the substation 1 Access road 100 2 Cross bridge over the irrigation system 100 II 220kV Phu My Substation 1 Tower erection 100 2 Oil tank for incident cases 100 3 Waiting shift house 100 4 Operation house and pumping house 100 5 Fence building 100 6 Water drainage system 100 7 Equipment installation 100 8 Internal road 100 III Connection Lines 1 Connection tower foundation 100 5
Item Work content Progress (%) 2 Connection tower erection 100 3 Cable stringing 100 8. Phu My 2 substation has been operated in November 24, 2014 and connection lines have been completed in November 30, 2014. 9. Though the construction of Phu My 2 substation has been done but the task of compensation and support to affected households have not been done yet. To meet the progress of construction work, the contractor and AHs have signed agreements that allow construction works to be carried out before compensating for affected assets. Detail is attached in Annex 1. 2.2 Song May-Uyen Hung Transmission Line subproject 10. The subproject construction activities in this period include excavation of towers foundation, tower erection, and cable stringing. The Song May-Uyen Hung subproject has been operated in December 26, 2014. Details of completion works done during the second half of year 2014 are presented in the following table. Table 3 Construction work in 220kV Song May-Uyen Hung TL subproject Item Activities Unit Binh Duong Dong Nai Progress 1 Foundation excavation tower foundation 2 Foundation concretion tower foundation 3 Backfilling tower foundation 38 32 100 % 37 32 100 % 36 32 100 % 4 Grounding for tower tower 36 32 100 % 5 Tower erection tower 35 32 100 % 6 Cable stringing m 8,930 6,636 100 % 11. The project of 220kV Song May-Uyen Hung transmission line is mainly completed construction work and operated in December 26, 2014. 2.3 Progress of RP implementation 12. The compliance with ADB s safeguard policies seems to be fully implemented. Resettlement plan is carried out step by step as the project s policy and progress of RP implementation is stated in Table 4. 6
Activities on RP Implementation Information Disclosure and Public Consultation Detailed Survey Preparing Plan Table 4 Progress of RP implementation (up to 12/2014) Project 220kV Song May-Uyen Hung TL 220kV Phu My 2 SS Province Dong Nai Binh Duong Ba Ria-Vung Tau District Trang Bom Vinh Cuu Bac Tan Uyen Tan Uyen Bac Son Tan An Thuong Tan My town Tan Measurement Compensation Consulting and Counseling with the APs on compensation plan Finalized the compensation plan and submit for approval Verify and approve the compensation plan Tan Thanh Tan Phuoc 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 61.7% 100% 98.4% 100% 100% 100% 54.3% Compensation Payment 100% 94.3% 100% 86.5% 100% 27.5% Site Clearance 100% 100% 100% 100% 100% 56.5% Independent Monitoring Second monitoring 7
3. Safeguard policy and Human resources 3.1 Project policy and Compliance with Government s regulation and ADB s requirement 13. To address the discrepancies between ADB Safeguard Policy and relevant GoV regulations, the subproject principles on resettlement policy are as follows: i. 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; ii. The RP is disclosed to APs in a form and language that understandable to them; iii. Involuntary resettlement and impacts on land, structures and other fixed assets are avoided or minimised where possible; iv. Compensation and assistance is based on the principle of replacement cost; v. Severely affected household is entitled when they are losing 10% or more of the household s productive land; vi. 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; vii. Gender concerns are incorporated through RP implementation; viii. Reporting and independent monitoring is defined as a part of the subproject management system. Periodically independent monitoring on implementation of RP has been implemented. 14. Details of project policy for compensation and allowances are indicated in the entitlement matrix (Annex 2). 15. To fully improve for households affected by construction of Phu My 2 substation, Ba Ria-Vung Tau PPC, particularly, has promulgated document on specified compensation, support, and resettlement for the subproject of 220kV Phu My 2 substation and connection lines. This new document is also attached in Annex 3. 3.2 Monitoring team 16. A team, including 4 staff specialized in resettlement activities, has been established by SPMB in the second quarter of year 2014. Besides, SPMB has mobilized three intermittent consultants since November, 2013 to support the implementation of the subprojects. The list of team members is presented in table below. 8
Table 5 Member list of monitoring team No. Name Position Responsibility 1. Mr.Nguyen Hai Dang Head Compensation Department 2. Mr.Phan Van Tranh Expert, Department of Compensation 3. Ms.Luu Nguyen Huong Lan* 4. Mr.Truong Quang Lam of Expert, Department of Compensation Expert, Department of Compensation 5. Ms.Nguyen Thu Ha Resettlement Consultant 6. Mr.Ngo Huy Toan Independent Monitoring Consultant 7. Mr.Hoang Trung Thanh (*) maternity leave since July 2014 Environmental Consultant Overall management of RP implementation of two subprojects Supervising and reporting the progress of RP implementation of two subprojects Supervising and reporting the progress of RP implementation of two subprojects Supervising implementation of RP in the subproject of 220kV PM2 SS Support SPMB in the implementation of resettlement safeguard policy Carrying out External monitoring activities Support SPMB in the implementation of environmental safeguard policy 9
PART II IMPLEMENTATION OF SAFEGUARD POLICY 1. Public consultation, Participation, and Information disclosure 17. Information of the project such as policy on compensation, support, and resettlement; detailed compensation payment; and particularly grievance redress mechanism have been delivered to all affected households. Compensation plans have also been placed in public areas. 18. In this period, it will be continued to disclose grievance procedure to ensure that any complaints 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 complaint at any time through the project implementation. 19. The resettlement consultant of SPMB also carried out in-depth interview with people of the affected commune to obtain further information regarding satisfaction of APs on compensation and support, as well as awareness of APs on grievance redress mechanism. 20. Regarding to disclosure of the updated RP, key information has already been provided to the project area in order to get feedback of APs and other stakeholders. 21. Information disclosure will be continued throughout project cycle with the updated policies. 2. Detailed measurement survey 22. Detailed Measurement Survey had been carried out since September 2013 and nearly completed in the first semi-annual. However, during construction period some problems have been identified including (i) incorrect name of land owner; (ii) supplementary of AHs list; and (iii) dispute between DPs about the property of land. DLFDC, therefore, had to additional measurement of damaged assets. List of DPs having assets under ROW to be added is presented in Annex 5. 23. Regarding restoration of APs income, up to now, there is no AH entitled as severely affected household. 24. No more households is recorded as vulnerable which includes (i) female headed households without support; (ii) disabled household heads; (iii) poor households (according to the regulation of Ba Ria-Vung Tau, Binh Duong and Dong Nai provinces); (iv) children and the elderly headed households who are landless and with no other means of support; (v) landless households; and (vi) ethnic minorities. 10
3. Payment of compensation and assistance 3.1 Payment of compensation and assistance for AHs 25. In subproject of Phu My 2 substation, compensation plans have been approved for 44 AHs and payment of compensation and support has been carrying out. However, total 41AHs will be approved by local authority next month after completing information dissemination. 26. Compensation plan for the rest of AHs has been delayed due to the new legislation documents under Land Law. Besides that, Ba Ria-Vung Tau PPC has promulgated a new document state that for households whose land is limited to use: apply Article 25 of Decree 47/2014/ND-CP dated May 15, 2014 of the government to support at 80% of the land price specified by PPC. Details are attached in page 1, Annex 3. 27. For those having house, living condition, and land affected by the substation could be moved to another place, if needed (page 2, Annex 3). 28. Compensation plans had been approved for almost AHs in the subproject of 220kV Song May-Uyen Hung TL, except one household just listed as affected household. During construction work, some AHs temporally affected by construction activities have also get payment for their assets lost. Details are showed in Annex 1. The total cost for implementation of resettlement plan is estimated at VND 48,539,084,393 or US$ 2,298,252. This proposed budget includes compensation and allowances, cost for DCARCs. As of December 2014, the total budget of approved compensation, assistance and resettlement is VND 43,610,650,757 and it has been paid for the affected people, except some cases under reviewing of government authority (Annex 4 Working with community 11
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Annex 5 List of additional DPs No. Name of DPs Address 1. Nguyễn Xuân Phương Vinh Cuu district, Dong Nai 2. Nguyễn Minh Giám Vinh Cuu district, Dong Nai 3. Phu An Company Ltd. Bac Tan Uyen district, Binh Duong 4. Nguyễn Thắng Bac Tan Uyen district, Binh Duong 5. Nguyễn Thị Phướng Bac Tan Uyen district, Binh Duong 6. Trần Hưng Thế Bac Tan Uyen district, Binh Duong 7. Nguyễn Thế Phương Bac Tan Uyen district, Binh Duong 8. Nguyễn Thị Viên Bac Tan Uyen district, Binh Duong 13
29. Annex 6). 30. Regarding forest land, the project acquired 1,227.4 m 2 of forest for constructing foundation and 37,756.5 m 2 impacted by under ROW. Due to lack of land for planting forest, SPMB will pay for replacement forest in other locality (Annex 7). Table 6 List of approved compensation plan Subproject Province District/town Compensation plan 220kV Phu My 2 Ba Ria- Tan Thanh Decision No.6808/QD-UBND approved Industrial Zone Vung Tau by Tan Thanh DPC dated 12/12/2013 substation Decision No.1376/QD-UBND approved by Tan Thanh DPC dated 17/03/2014 Decision No.1090/QD-UBND approved by Tan Thanh DPC dated 28/03/2014 220kV Song May-Uyen Hung transmission line Dong Nai Trang Bom Decision No.2709/QD-UBND approved by Dong Nai PPC dated 27/08/2013 Decision No.902/QD-UBND approved by Dong Nai PPC dated 03/04/2014 Vinh Cuu Decision No.147/QD-UBND approved by Dong Nai PPC dated 15/01/2014 Decision No.444/QD-UBND approved by Dong Nai PPC dated 20/02/2014 Decision No.730/QD-UBND approved by Dong Nai PPC dated 19/03/2014 Decision No.1087/QD-UBND approved by Dong Nai PPC dated 18/04/2014 Decision No.1176/QD-UBND issued by Dong Nai PPC dated 26/04/2014 Decision No.1568/QD-UBND approved by Dong Nai PPC dated 29/05/2014 Decision No.2059/QD-UBND approved by Dong Nai PPC dated 30/06/2014 14
Subproject Province District/town Compensation plan Decision No.2060/QD-UBND approved by Dong Nai PPC dated 30/06/2014 Binh Duong Bac Tan Uyen Tan Uyen town Decision No.1460/QD-UBND approved by Bac Tan Uyen DPC dated 06/10/2014 to amend and supplement the Decision No.843/QD-UBND approved by Bac Tan Uyen DPC dated 28/7/2014 Decision No.3137/QD-UBND approved by Tan Uyen DPC dated 23/7/2014 3.2 Payment of compensation and assistance for relocated HHs 31. No one needs to be relocated due to the project implementation. It, therefore, is not necessary to establish resettlement site neither support for relocated HHs. 4. Other support for severely AHs and vulnerable groups 32. DMS found that there is not any AH entitled as severely or vulnerable groups. It is, therefore, not any official support program applied in the project area. 5. Gender issue 33. The DMS found that more than 30% headed households are female. It means that women has played an important role in community, women s participation in the project s decision making has been taken into account. 6. Grievances redress mechanism 34. Most of affected households seem to be satisfied with the compensation and assistance of the project. 35. During this period, there are four cases located in the project area of Song May-Uyen Hung having complaints on their affected assets and now under reviewing. Status of complaints is summarized in Annex 8. 15
PART III MONITORING 36. The SPMB established systems for internal and external monitoring and evaluation. The main purpose of the monitoring and evaluation programme is to ensure that resettlement and acquisition of land and properties has been implemented in accordance with the policies and procedures of the RP. External monitoring and evaluation, in particular, has focused on social impacts on DPs and whether or not DPs have been able to restore a standard of living equal to, if not better than, that which they had before the subproject. 37. The objectives of the monitoring and evaluation programme are to (i) ensure that the standard of living of DPs is restored or improved; (ii) monitor whether the time lines are being met; (iii) assess if compensation, rehabilitation measures and social development support programmes are sufficient; (iv) identify problems or potential problems; and (v) identify methods of responding immediately to mitigate problems. 1. Internal monitoring 38. The SPMB conducted the internal monitoring of RP implementation to identify as early as possible the activities achieved and the cause(s) of problems encountered so that arrangements in RP implementation can be adjusted. Results of the internal monitoring are to be reported quarterly to NPT and ADB. The semi-annual report is also prepared to summarize all activities relevant to the implementation of RP done during six months. 39. This semi-annual monitoring report for the second half of year 2014 has been prepared in compliance with the ADB requirements. This report incorporated monitoring results for the period of July-December 2014 in purpose to show how the tasks have been implemented during 6 months and the works taken to improve the situation, if needed. Relevant information has been collected monthly from the field to assess the progress of RP implementation and then consolidated. 40. Based on the RF, the main indicators that regularly monitored in this period are: i. Payment of compensation in various categories to all AHs, according to the project policy; ii. Adherence to grievance procedures; iii. Coordination and completion of compensation and handing over cleared site to construction contractor. iv. Public consultation and information dissemination procedures to the new affected households arise; 16
41. Moreover, the field surveys were carried out twice respectively in August 2014 and November 2014 by SPMB s consultant. At each survey, the Consultant has cooperated with contractor in charge of clearance site, contractor of construction, local government, and local community to follow up and develop the steps of RPs implementation in adequate process. 42. Working with stakeholders such as CPC, DLFDC, PECC3 and in-depth interviewing APs has been applied to achieve the monitoring target. 2. Monitoring the compliance of RP implementation 43. The general objective of the external monitor is to provide an independent verification of the SPMB s monitoring information through the conducting of a periodic review and assessment of achievement of resettlement objectives, the changes in living standards and livelihoods, restoration of the economic and social base of the affected people, the effectiveness, impact and sustainability of entitlements, the need for further mitigation measures if any, and to learn strategic lessons for future policy formulation and planning. 44. The external monitoring was conducted to (i) ensure that livelihoods and living standards of affected people are restored or improved; (ii) monitor that the overall project and resettlement objectives are being met in accordance with the resettlement plans, and if not recommend corrective action measures; (iii) assess if rehabilitation and compensation measures are sufficient and in compliance with the resettlement plans and ADB's Safeguard Policy Statement; (iv) identify deviations and issues that may arise in the course of implementation and recommend actions for mitigation. 45. In this time, the consultant undertook the following specific tasks as below: - In term of compensation payment, it is focused to (a) full payment to be made to all affected persons sufficiently before land acquisition; adequacy of payment to replace affected assets; and (b) compensation for affected structures should be equivalent to the replacement cost of materials and labor based on standards and special features of construction with no deductions made for depreciation or the value of salvageable materials; - Coordination of resettlement activities with construction schedule that the compensation and support should be completed prior to award of the civil works; - Public consultation and awareness of compensation policy including (a) all DPs should be fully informed and consulted about land acquisition activity; (b) the monitoring team should work with community to monitor problems and issues that arise during the project implementation, and solutions that are proposed; (c) public awareness of 17
the compensation policy and entitlements will be assessed among all DPs; (d) assessment of awareness of various options available to DPs as provided for in the RP; - Affected persons should be monitored regarding restoration of productive activities; - The level of satisfaction of DPs with various aspects of the RP is recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress are monitored; - Throughout the implementation process, the trends of living standards have been observed and surveyed. Any potential problems in the restoration of living standards could be reported; 46. Referred Independent Monitoring Report for more details. 47. Additionally, SPMB had worked with ADB s team during ADB s mission organized in November, 2014 to check whether the implementation of RP has been done in compliance with the safeguard policy on resettlement. 18
PART IV CONCLUSION AND RECOMMENDATION 1. Conclusion and Recommendation 48. Generally, compensation and clearance work in two subprojects have been implemented compliance with the social safety principles of the ADB and the Government. 49. The subprojects of 220kV Song May-Uyen Hung transmission line and Phu My 2 Substation have been operated as SPMB s target. However, compensation payment is still delayed compared to construction progress. 50. In the subproject of 220kV Song May-Uyen Hung TL, compensation plans have been approved for almost AHs, except one new circumstance arise. Compensation payments have been delivered to AHs and will be completed in the first quarter of year 2015. 51. In the 220kV Phu My 2 substation subproject, compensation plans have been approved for 44 AHs, and the drafted compensation plans for 41 AHs are disclosed in local community. It is proposed to get approval of Tan Thanh DPC next month. 2. Plan for the next period 52. SPMB will continue to disclosure project s information such as grievance redress mechanism, and specially regulations of electrical safety in local community. 53. SPMB has planned to complete payment of compensation and assistance in the first quarter of year 2015. 54. The next monitoring carried out in the subproject areas of 220kV Song May-Uyen Hung TL will be focused on (i) reviewing complaint cases whether AHs satisfied; (ii) evaluating living condition of AHs whether it could be better-off. 55. For the subproject of 220kV Phu My 2 substation, the next monitoring will be conducted to ensure that compensation and support for the rest of AHs will be done smoothly and compliance with ADB social safeguard policies; grievance redress mechanism also taken into account. 19
Annex 1 Agreement between contractor and AHs 20
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Annex 2 Entitlement Matrix Entitled Persons Type & Level Of Compensation Policy Implementation Impact A. AGRICULTURAL LAND A.1 Permanently affected agricultural land Owners with More than 10 percent a/ As a priority, allocation of replacement AHs to be notified on reason of land LURC, owners in or more of total land: (i) equal in area to affected land up to acquisition, schedule and plan, process of productive a maximum of land quota in the locality; compensation plan on compensation, acquiring LURC, landholding affected (ii) of same category (or productive site clearance, resettlement at least owners eligible to capacity); (iii) at a location satisfactory to 90 days prior to land acquisition acquire LURC AP; (iv) with full title in the names of both (Land Law 2003, Article 39). AND public organizations the household head and his/her spouse; and (v) without charge for taxes, registration and land transfer charges; and Full payment for affected land to AHs at least 01 months before site clearance. b/ Economic rehabilitation package (see G, below); Or, if AP opts, SMUH subproject The compensation rate for agricultural land was paid according a/ Cash compensation at replacement cost; to Dong Nai and Binh Duong PPC s and, compensation rate. Additionally, b/ Economic rehabilitation package (see G, below). allowance for agricultural land acquisition accounts for 50% and 23
Entitled Persons Type & Level Of Compensation Policy Implementation Impact Less than 10 percent of total productive landholding affected Cash compensation at replacement cost at current market prices for affected portion if remaining holding is viable; 60% of compensation rate for land in Binh Duong and Dong Nai province respectively. OR PM2 Subproject Cash compensation at replacement cost at The compensation at market price is current market prices for entire paid for agricultural land acquired. landholding, if remaining holding is not Allowance for agricultural land viable. acquisition accounts for 50% compensation rate for land. A.2 Impact on productive land in ROW All AHs have Partially impact or a/ No compensation for land SMUH subproject productive land in ROW totally impact b/ Compensation for fruit trees and others at market price. Allowance for limitation of land use is equal to 80% and 60% of c/ Support for utilization of restricted land compensation rate for land in Binh Duong and Dong Nai province respectively. PM2 Subproject Allowance for limitation of land use is equal to 80% of compensation rate for land. AHs receive compensation for 24
Entitled Persons Type & Level Of Compensation Policy Implementation Impact tree/crop without returning compensated tree/crop B. RESIDENTIAL AND/OR NON-AGRICULTURAL LAND (e.g., commercial) B.1 Impact on residential and/or non-agricultural land in ROW All AHs have Partially impact or a/ No compensation for land SMUH subproject residential and/or non-agricultural land in ROW totally impact b/ Allowance for purchasing fireproof materials and lightning arrestors for the existing house/structure or cash Allowance for limitation of land use is equal to 80% and 70% of compensation rate for residential compensation at replacement cost of land in Binh Duong and Dong Nai affected house/structure province, respectively. c/ Support for utilization of restricted land For house/structure under ROW, allowance is paid by 70% of its compensation rate. PM2 Subproject Allowance for limitation of land use is equal to 80% of compensation rate for land. C. MAIN HOUSES AND OTHER STRUCTURES IN ROW C.1. Main house in ROW All AHs have Partially impact on a/ Retain their houses in ROW according to SMUH subproject 25
Entitled Persons Type & Level Of Compensation Policy Implementation Impact house/structure and house or structures in the conditions regulated by Article 13 of Allowance for limitation of trees in ROW ROW (affected area Decree No. 14/2014/NĐ-CP and cash house/structure use is equal to 70% less than 50% of total compensation for directly affected parts of of its compensation rate. land area without any impact to the remaining structures of the house/building) the houses at the replacement cost and cost for demolishing the affected part PM2 Subproject Allowance for limitation of house/structure use is equal to 50% of its compensation rate. Demolishing partial a/ AH could chose one of the following or totally impact on options: house/structures (impact >50%, or less than 50%) Retaining their houses or building in ROW according to the conditions regulated by Article 13 of Decree 14/2014/NĐ-CP. Allowance for purchasing fireproof materials and lightning arrestors for the existing house/building. Cash compensation at replacement cost for full areas of affected house/structure and cost for demolishing AHs houses in ROW. b/ Support for utilization of restricted house and impacts on daily-life activities C.2 Other Structures, e.g., kitchens, toilets, animal sheds, fences, foundations, etc. in ROW 26
Entitled Persons Type & Level Of Compensation Policy Implementation Impact Other structures Structures affected due to location in ROW of the T/L Support for improvement of installing fireproof materials and lightning arrestors For structure with improvement, allowance is paid at PPC s rate for rehabilitation of installing fireproof materials and lightning arrestors. SMUH subproject For structure without improvement, allowance is paid by 70% of its compensation rate. PM2 Subproject For structure without improvement, allowance for limitation of house/structure use is equal to 50% of its compensation rate. D. ANNUAL AND PERENNIAL CROPS, FRUIT AND TIMBER TREES AND TREE/PLANT FENCES Crops and/ or trees Loss of annual crops If standing crops are ripening and cannot be harvested, cash compensation of unharvested crops at market values based on the average production aver past 3 years. Loss of perennial Cash compensation at current market trees, fruit and timber prices given the type, age and productive trees and tree fences value of the affected crops and/or trees. AHs to be notified at least 2 months for harvesting crops; Compensation is made depending on the species, age, and value of affected tree/crop. AHs receive compensation for tree/crop without returning 27
Entitled Persons Type & Level Of Compensation Policy Implementation Impact compensated tree/crop. G. REHABILITATION ASSISTANCE G.1 Economic Rehabilitation Package Severely affected Assistance to restore AHs directly cultivate on the affected land It is not necessary to implement IRP persons, displaced livelihoods and to be entitled: due to none severely affected house from housing or losing 10 percent or more of their productive, income generating irrespective of tenure status. incomes following acquisition of agricultural land or other productive assets (i) Losing from 10 to 30% of agricultural land holding: Cash assistance equal to 30 kg of rice (valued at market price) per month per household member for 3 months, if not relocating; for 6 months if relocating; and for 12 months if relocating in a harsh living condition area; identified. (ii) Losing more than 30% to 70% of total agriculture landholding. Cash assistance equal to 30 kg of rice (valued at market price) per month per household member for 6 months, if not relocating; for 12 months if relocating; and for 24 months if relocating in a harsh living condition area; (iii) Losing more than 70% of total 28
Entitled Persons Type & Level Of Compensation Policy Implementation Impact agriculture landholding Cash assistance equal to 30 kg of rice (valued at market price) per month per household member for 12 months, if not relocating; for 24 months if relocating; and for 36 months if relocating in a harsh living condition area; AND (iv) In-kind assistance to be decided in consultation with eligible APs. Forms or assistance may include, but are not limited to, agricultural extension assistance, and training for non-agricultural occupations. And (v) Participating in income restoration programs (IRP). G.2 Assistance for job changing and creation AHs with Assistance for job Cash assistance equal to 1.5 time of SMUH subproject agricultural permanently affected land changing creation. and compensation value for affected for acquired land area but not exceed 5 (five) times of land quota in locality, according to PPC s regulation. Binh Duong: Cash assistance for permanently agricultural land affected accounts for 50% of compensation rate for residential 29
Entitled Persons Type & Level Of Compensation Policy Implementation Impact If AP has demand for training, he/she will land nearby. be entitled to a free training course Dong Nai: Cash assistance for permanently agricultural land affected equals to 1.5 times of compensation value for acquired land. PM2 subproject Ba Ria-Vung Tau: Cash assistance is equal to 1.5 times of compensation value of acquired land areas. Vocational training card is given for all family members of labor force, equivalent to the amount of VND 6,000,000 per member. G.3 Special allowance for social and economically vulnerable households Vulnerable APs Assistance to the For the poor households, cash assistance No one entitled as vulnerable AP. (the poor, war poor and vulnerable equal to 30 kg of rice (at market price) per invalid person, households to each family member per month for at least woman headed improve their social 6 months household, elderly) the and conditions. economic For other vulnerable APs, assistance of VND 2,000,000 per household to improve 30
Entitled Persons Type & Level Of Compensation Policy Implementation Impact their social and economic conditions G.4 Assistance for houses in ROW AHs with house in Assistance to With houses grade 4, allowance for SMUH subproject ROW improve house or install fireproof materials and lighting arrestors. And assistance to mitigate impacts due to restricted usability and impacts on daily activities. installing fireproof materials and lighting arrestors. With houses grade 5, allowance for rehabilitation. Allowance due to restricted usability and impacts on daily activities (according to Decree 14/2014/ND-CP, it is 30% value of house). Allowance for limitation of house use is equal to 70% of its compensation rate. PM2 Subproject Allowance for limitation of house use is equal to 50% of its compensation rate. G.5 Assistance for other structures in ROW AHs with other Assistance to With structure grade 4, allowance for SMUH subproject structures in ROW improve structure or install fireproof installing fireproof materials and lighting arrestors. Allowance for limitation of structure use is equal to 70% of its 31
Entitled Persons Type & Level Of Compensation Policy Implementation Impact materials and lighting With structure grade 5, allowance for compensation rate. arrestors. rehabilitation. PM2 Subproject Allowance for limitation of structure use is equal to 50% of its compensation rate. G.6 Assistance for land in ROW AHs with land in Assistance to mitigate Allowance for agricultural land, residential SMUH subproject ROW impacts due to restricted usability of land land, production planted, production forest, non-agricultural land in ROW (according to GOV Decree No.14/2014/ND-CP) Allowance for limitation of residential land use is equal to 80% and 70% of its compensation rate in Binh Duong and Dong Nai province, respectively. Allowance for limitation of productive land use is equal to 80% and 60% of its compensation rate in Binh Duong and Dong Nai province respectively. For planted production forest, compensation for land is not paid but allowance for exploitation, maintenance, and investment for 32
Entitled Persons Type & Level Of Compensation Policy Implementation Impact land accounts for 60.000 VND/m 2. PM2 Subproject Allowance for limitation of land use is equal to 80% of compensation rate for land. 33
Annex 3 New document on compensation and support 34
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Annex 4 Working with community 36
Annex 5 List of additional DPs No. Name of DPs Address 9. Nguyễn Xuân Phương Vinh Cuu district, Dong Nai 10. Nguyễn Minh Giám Vinh Cuu district, Dong Nai 11. Phu An Company Ltd. Bac Tan Uyen district, Binh Duong 12. Nguyễn Thắng Bac Tan Uyen district, Binh Duong 13. Nguyễn Thị Phướng Bac Tan Uyen district, Binh Duong 14. Trần Hưng Thế Bac Tan Uyen district, Binh Duong 15. Nguyễn Thế Phương Bac Tan Uyen district, Binh Duong 16. Nguyễn Thị Viên Bac Tan Uyen district, Binh Duong 37
Annex 6 List of DPs not receiving compensation and assistance No. Name of DPs Address Note 1. Hàn Quang Vinh Bac Tan Uyen district, Binh Duong 2. Hàn Thanh Sơn Bac Tan Uyen district, Binh Duong 3. Hàn Mạnh Hùng Bac Tan Uyen district, Binh Duong 4. Phạm Thị Thu Thủy Bac Tan Uyen district, Binh Duong 5. Nguyễn Văn Hanh Bac Tan Uyen district, Binh Duong 6. Đỗ Thị Mỹ Phượng Bac Tan Uyen district, Binh Duong 7. Unidentified mane Bac Tan Uyen district, Binh Duong Transferred the land use right for Đoàn Quang Tú Transferred the land use right for Đoàn Quang Tú Transferred the land use right for Đoàn Quang Tú Complaint on compensation price for forest land Dispute with other owner about the land use right Adjust the compensation value due to land acquisition for foundation instead of under ROW 38
Annex 7 Replacement forest in other locality 39
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Annex 8 Records of Grievance Redress Mechanism Table 1 Status of Complaint till December 2014 Affected commune Communal Level District Level Compensation Committee Provincial Level Court No. of HHs Complained No. of HHs satisfactorily resolved No. of HHs Complained No. of HHs satisfactorily resolved 220kV Phu My 2 Industrial Zone Substation and Connection Lines No. of HHs Complained No. of HHs satisfactorily resolved No. of HHs Complained No. of HHs satisfactorily resolved No. of HHs Complained Tan Phuoc 0 0 0 0 0 0 0 0 4 4 220kV Song May-Uyen Hung Transmission Line Bac Son 0 0 1 1 0 0 0 0 0 0 Tan An 3 1 0 0 0 0 0 0 0 0 Thuong Tan 0 0 0 0 0 0 0 0 0 0 Tan My 1 0 0 0 0 0 0 0 0 0 Uyen Hung 0 0 0 0 0 0 0 0 0 0 Total 4* 1 1 1 0 0 0 0 4** 4 No. of HHs satisfactorily resolved Note: (*) three cases under reviewing (**) 4 HHs under stage of Phu My 2 Industrial Zone s site clearance 41