Ministry of Industry and Trade World Bank

Renewable Energy Development Project

Resettlement Plan

Nam Khanh Hydropower Subproject

Submit by:

SONG DA –UCRIN CONSTRUCTION CONSULTANCY COMPANY LTD.

Lao Cai, November 2010

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CONTENTS

SUMMARY ......................................................................................................................... v

I. INTRODUCTION ............................................................................................................. 7

1.1. Renewable Energy Development Project ................................................................. 7

1.2. Nam Khanh Hydropower Plant ................................................................................ 8

II. SCOPE OF IMPACTS BY NAM KHANH HYDROPOWER PLANT ............................... 12

2.1. Impacts on Land .................................................................................................... 12

2.1.1. Permanent Impacts ......................................................................................... 12

2.1.2. Temporary Impacts ......................................................................................... 17

2.2. Impacts on Trees and Crops .................................................................................. 19

2.3. Impacts on Structures ............................................................................................ 21

2.4. Impacts on Income and Business .......................................................................... 22

2.5. Other Impacts ........................................................................................................ 22

III. INSTITUTIONAL FRAMEWORK AND ENTITLEMENTS OF AFFECTED PEOPLE .... 23

IV. SOCIO-ECONOMIC OF AFFECTED COMMUNITIES AND PEOPLE ........................ 31

4.1. Socio-Economic Situation of the Affected Communities ......................................... 31

4.2. Socio-economic of affected people ........................................................................ 33

V. COMPENSATION AND ASSISTANCES ...................................................................... 37

5.1. Compensation ....................................................................................................... 37

5.2. Assistances ........................................................................................................... 38

VI. CONSULTATION AND PEOPLE PARTICIPATION .................................................... 42

6.1 Community Consultation ......................................................................................... 42

6.2. People Participation ............................................................................................... 42

6.3. Grievance Redresses Mechanism ......................................................................... 43

VII. MONITORING, SUPERVISION AND EVALUATION .................................................. 45

7.1. Internal Mornitoring ................................................................................................ 45

7.2. External Monitoring and Evaluation ....................................................................... 46

VIII. REPORTING............................................................................................................. 48

IX. IMPLEMENTATION PLAN .......................................................................................... 49

X. RESETTLEMENT COST AND BUDGET ..................................................................... 50

APPENDICES .................................................................................................................. 51

Appendix 1: Area of Permanently Affected Land by Households .................................. 52

Appendix 2: Area of Temporary Affected Lands by Households ................................... 56

Appendix 3: Affected Trees and Crops by Households ................................................. 57

Appendix 4. Affected Structures by Households ........................................................... 62

Appendix 5: Minute of Consultative Meeting with Communities .................................... 63

ii

Appendix 6. List of Affected Households Participated in the Consultative Meetings...... 67

Appendix 7. Survey Form of Scope of Impacts ............................................................. 69

Appendix 8. Project Information Booklet ....................................................................... 71

iii

LIST OF TABLES

Table 1: Key specifications of Nam Khanh Hydropower Plant construction ....................... 9

Table 2: Categories and permanently affected area of households ................................. 12

Table 3: Scope of Permanent Impacts by Communes ..................................................... 13

Table 4: Total of permanently acquired area of lands by construction components ......... 16

Table 5: Temporarily affected land area of households ................................................... 17

Table 6: Total of Temporarily Affected Land by Construction Components ..................... 18

Table 7: Number of trees affected by plant construction .................................................. 20

Table 8: Amount of crops affected by Nam Khanh hydropower plant construction .......... 21

Table 9: The Resettlement Entitlement Matrix of Nam Khanh Hydropower Plant ............ 27

Table 10: Main source of income ..................................................................................... 34

Table 11: Main food crops of affected households .......................................................... 34

Table 12: Fruit trees ........................................................................................................ 35

Table 13: Main animals of affected households ............................................................... 35

Table 14: Home furniture of affected households ............................................................ 35

Table 15: Compensation paid for the categories of impacts ............................................ 38

Table 16: Assistant expenses .......................................................................................... 40

Table 17: Indicators for supervision, mornitoring and evaluation ..................................... 45

Table 18: Estimated budget for resettlement of Nam Khanh hydropower Plant ............... 50

iv

ABBREVIATIONS

HH Households

kV Kilovolt

M Metre

MOF Ministry of Finance

MOIT Ministry of Industry and Trade

MW Megawatt

PMB Project Management Board

RPF Resettlement Policy Framework

CPC Communal People’s Central

DPC District People’s Committee

WB World Bank

v

SUMMARY

Nam Khanh hydropower plant is located in the area of Nam Phang stream in Nam Khanh

and Ban Lien communes, Bac Ha district, Lao Cai province. The subproject is designed

with installation capacity of Nlm=12.00 MW. The hydropower plant is expected to start

operation of its first generator in June 2011 and other generator in August 2011. The

project is to supply 46,86 million kWh annually.

The scale of land acquisition by the subproject is as follows:

- Permanent Impact: 64 households who have land permanently affected (377

persons) with the permanently affected land area is 340.677,59 m2.

- Temporary Impact: 5 households who have land temporarily affected (29 persons)

with the temporarily affected land area is 21.065,50 m2

Among the area of 340,677.59 m2 of permanently affected land, there is 138.670,80 m2 of

productive land including paddy land, up-land fields and land for perennial trees -

presenting 40,7% of total productive land permanently acquired by the subproject. Among

this permanently affected productive land, the paddy rice land is to be acquired counting

for 75.303,10m2. There are 12 households (71 persons) out of the total 64 affected

households who have land acquired more than 10% of their total productive land area and

these households are considered as severely affected households.In addition, the

permanently affected land area includes fallow land around stream area (50.631,19 m2)

and forestry land (150.466,50 m2). The permanently affected area of forestry land and

fallow land around stream are under management of the People’s Committees of Nam

Khanh and Ban Lien Communes in Bac Ha Districts.

Regarding the temporary impact, there are 5 households (with 29 persons) who have

agricultural land temporarily affected with a total of 21.065,5 m2, including 2.155,5 m2 of

paddy rice land, 6.640m2 of hilly field land /perennial crop land and 12.270,0 m2 of forestry

land.

For residential land, there are 4 households (with 16 affected persons) who are affected

with area of 909m2. However the, impacts on residential land of each household is minor.

Because of small parts of residential land affected, the households shall be provided with

compensation and assistance to repair the houses’ fronts; relocation is not required for

these households.

Regarding the impacts on trees and crops, there are 41 households who have trees and

crops affected out of 69 households who have their land recovered by the subproject

construction (64 households who have land permanently recovered and 5 households

vi

with land temporarily affected). Among which, 33 households who have 7.705 different

kinds of trees affected, mainly Sinosideroxylon trees (5,655 trees), cinnamon trees (1.316

trees), Pine (201 trees), Apricot (315 trees) and some other kinds of trees like palm,

baccaurea sapida, etc. A total of 27 households who have 93.824,73m2 of crops affected

including 76.783,00m2 of tea area, 13.655, 00 m2 of cassava, and 163.13 m2 of ground

nut, 2.681,6 m2 of maize and 542 m2 of paddy rice. Besides, the construction activities of

the subproject 110 kV transmission line will cause an impact on 8.360m2 of crops of 15

households including 5.000m2 of tea, 3.360 m2 of paddy rice, 5.000 sinosideroxylon trees,

1.000 cinnamon trees, 1,000 apricot trees, and 500 other trees.

Out of the said impacts, there is no other impact on assets of households and community

caused by Nam Khanh hydropower subproject.

Compensation plan is expected to be implemented in December 2010. Activities of

income restoration and habitation development will be carried out in January 2011.

Total costs that are associated with compensation, assistance, and income restoration

activities for the households who are affected by Nam Khanh hydropower plant are

estimated to be VND 3.266.490.751.

7

I. INTRODUCTION

1.1. Renewable Energy Development Project

The objective of the Renewable Energy Development Project is to increase the

supply of least-cost electricity to the national grid from renewable energy sources

on a commercially sustainable basis in an environmentally and socially sustainable

manner. The project will have three components: (1) the investment project

implementation component, (2) the regulatory development component, and (3)

the pipeline development component.

The Investment Project Implementation component will provide (i) a re-financing

facility to participating commercial banks for loans to eligible renewable-based

projects below 30MW developed by private sponsors, and (ii) technical assistance

for building the capacity of participating banks and project sponsors to prepare,

appraise, finance, and implement renewable energy projects in accordance with

the international best practices. This component will be implemented by the

Project Management Board (PMB) for Rural Energy and Renewable Energy of the

Ministry of Industry and Trade (MOIT). The component has two sub-components

as described below.

- Credit to Support Renewable Energy Investments: Private developers will

develop subprojects of below 30MW based on small hydro, wind, and

biomass in accordance with REDP criteria including environmental and

social safeguards. Developers will commit at least 20% in equity funding

and will approach participating banks for lending of up to 80% of each

subproject’s total project cost. The participating banks, which have been

selected on a competitive basis, will appraise eligible renewable energy

subprojects proposed by developers and provide loans to projects that meet

all the requirements of the participating banks. The banks will lend to

subprojects on commercial terms determined by market forces and will bear

the full credit risk of the funds. Eligible loans will be re-financed up to 80%

of participating banks’ lending or 64% of total project cost for each

subproject. This means that participating banks will commit at least 16% of

total project cost to each subproject as their own lending and project

developers will contribute 20% as equity. Upon approval of an application

8

for re-financing a loan, the respective participating bank will receive REDP

(IDA) re-financing through MOF. REDP contribution will be based on IDA

funding lent to the Ministry of Finance (MOF) on IDA terms. It is estimated

that some 20 subprojects (90% small hydro and 5% each wind and

biomass) will be supported by the re-financing facility with an average

capacity of about 10-11 MW. When fully operational, these projects are

expected to comprise about 210 MW of installed capacity producing about

880 GWh of electricity annually.

- Technical Assistance for Investment Project Implementation: The technical

assistance part of Component 1 will support the overall management of

REDP, verification of eligibility for re-financing, and capacity building at

PBs, developers/developers and others. This technical assistance facility

will be managed by MOIT PMB. The TA facility will support the project

sponsors by providing them the necessary skills to identify good projects

and to prepare proposals for bankers, navigate the approvals process, and

negotiate financing. This would include, inter alia, training for conducting

feasibility studies, design optimization, construction management,

operation, maintenance, the management of financial risks and takes into

consideration environmental and social safeguards. The TA facility will

support the PBs by enabling them to understand the risks of investment in

renewable energy projects, supervise such projects with respect to

safeguards, prepare credit policies for such projects, and appraise

subprojects against those policies. The TA facility will also provide

resources for project management of REDP by the PMB. If required, the TA

facility would also assist the AU to evaluate projects against the eligibility

criteria.

This Resettlement Plan has been prepared in conformity to the OP 4.12 on

Involuntary Resettlement of the World Bank and the Resettlement Policy

Framework prepared and approved for the REDP.

1.2. Nam Khanh Hydropower Plant

Nam Khanh Hydropower Plant is located at Nam Phang stream in Nam Khanh and

Ban Lien communes, Bac Ha district, Lao Cai province. The headwork was

9

designed with the normal water level of 707 meter and lowest water level of

701,00m. The main duty of the Plant is to generate electricity with installed

capacity of Nlm=12.00 MW, the annual average energy is estimated at 46,86

million kWh supplying to national grid. The construction is expected to be

completed with operation of the first electricity generator in June 2011 and of other

generators in August 2011.

Nam Khanh hydropower Plant consists of the following key components:

- Headwork construction:

- Dam; Spillway

- Energy channel:

- Intake; head race, underground tunnels; surge tank; penstocks; hydropower

house; discharge channel; outdoor switchyard.

- Power house, parking area, security rooms, garden

- Hostel for administrative staffs

- Access roads

- The 110 kV transmission line (3.5 Km) from the Power House to the

substation of Bac Na Hydropower Plant.

Table 1: Key specifications of Nam Khanh Hydropower Plant construction

Construction

items

Key specifications

- Spillway reinforced concrete structure, sill elevation 707,00, sill plate

686.00m

- The dam in the left

side

component with ophicerope section, Dam crest length 48,00,

upstream face slope 2.00m, maximum height 21,5m

- The dam in the

right side

component with ophicerope section reinforced concrete cover, Dam

crest length 40,50m, Dam surface 2.00m, maximum height 21,00m

- Reservoir active storage Vhi = 0,156X106m3

- Discharge channel Reinforced concrete structure. Valve gate is flat and composed of

steal

- Intake Intake gate 1.8mx1.8m, valve house is composed of reinforce

concrete frame, brick wall, tin roofed.

10

Construction

items

Key specifications

Head race Reinforced concrete structure, square shape, length Lod=202,19m,

designed storage capacity Qtk=8,34m3/s width bxh=1,8x1,8m

thickness of concrete sheet 0,3m

Surge tank Reinforced concrete structure, circle shape. Height 32,92m inside

diameter 8m; outside diameter 10m, Foundation size BxH=

13,00x15m.

Valve house Reinforce concrete structure, size5.6x7.4m, height 7,20m

Penstock Penstock is made of steel σ=3250kg/cm2, with reinforced - steal

CT3 with σ=2350kg/cm2

Power house and

discharge channels

Reinforced concrete structure, divided into two parts: powerhouse

and administrative house with 3 machine assemblies, Francis

horizontal axis turbine, capacity of each turbine of 4,0MW;Total

capacity 12,00MW

Installed

capacity

Nlm = 12,00 MW

Average energy

capacity for years

E0 = 46,86 million kWh

Full supply

water level

707,00m

Minimum

operating level

701,00m

The construction is expected to be completed in 2 years and 4 months from start.

Total cost of the project (excluding compensation and other costs) estimated in

May 2009 is VND 270.668.322.000.

Including:

Civil works 141.336.780.000 VNĐ

Equipment 72.784.879.000 VNĐ

Administration 2.874.439.000 VNĐ

consultant services 13.555.681.000 VNĐ

Others 16.750.290.000 VNĐ

Contingency 23.366.253.000 VNĐ

11

Map of Nam Khanh Hydropower Plant

12

II. SCOPE OF IMPACTS BY NAM KHANH HYDROPOWER PLANT

2.1. Impacts on Land

2.1.1. Permanent Impacts

Mitigating measures to minimize areas of permanently acquired land were

carefully considered such as: minimizing water level in the reservoir, avoiding

expansion of the existing roads, minimizing the width of access roads to meet

transportation needs and strict monitoring measures to prevent land slide and

further impacts to land area. Construction sites are planned far from residential

areas with mitigating measures to minimize impacts on resident and their

productive land. Notwithstanding, the hydropower plant will cause impacts

permanently on 64 households (377 persons) with area of 340.677,59 m2 of lands

including 150.466,50 m2 of paddy rice land, 909,00 m2 of residential land,

50.631,19 m2 of fallow land. Forestry land has a largest share of the affected land

(constituting 40.1% of the total affected areas).

Table 2: Categories and permanently affected area of households

Category of permanently affected land

of households

Impacts

Area (m2) No of

households

No of Affected

person

Paddy rice and seasonal crops land 75.303,10 30 174

Hilly field land/perennial land 63.367,80 39 229

Forestry land 150.466,50 48 283

Residential land 909,00 4 24

Sub-Total 290.046,4

Fallow land around rivers or streams 50.631,19

Total 340.677,59

It is noted that some households and affected persons lost more than one type of

land. The total of households who lost land permanently is 64 with 377 affected

persons .

Although the name of the subproject is Nam Khanh but the majority of

permanently impacted land is found in Ban Lien commune. The affected land in

Nam Khanh commune is 117.068 m2, representing just 34.3% of the total land

13

affected by the subproject. There are 25 households who have permanently

affected land and 2 households with temporarily affected land. The numbers of

affected persons are 147 persons and 11 persons respectively.

The affected land in Ban Lien commune represents 65.7% of the total affected

lands with 39 households (229 affected persons) who have land permanently

affected and 3 households with 18 persons who have land temporarily affected.

Table 3: Scope of Permanent Impacts by Communes

Names of

Communes

Total of permanently

affected land area (m2)

No. of permanently

affected HHs

No. of permanently

affected persons

Nam Khanh 117,068.0

Plant site 114,515.0 16 94

Transmission line 2,553.0 9 53

Ban Lien 267,313.6

Plant site 265,570.6 33 195

Transmission line 1,743.0 6 34

Total 340,677.59 64.0 377

Scope of impacts on land by construction components is described as follows:

- Reservoir: Consideration to reduce water level in the reservoir has been

one of the mitigation measures. The adopted designed water level requires

minimum flooded area. The permanent acquired land for total area of

reservoir is about 57.409,19 m2. Permanently acquired land is mainly fallow

land (33.711,19m2 constituting 58,7% of acquired land areas), and other

land categories including paddy rice land (12.192,00 m2 representing

21,3% of total acquired land), hilly field land, perennial land(8.866,00 m2

representing 15,44% of total acquired land) and forestry land, which is the

least affected land type by this component (2.644m2 representing 4,59%

of total acquired land).

- Main Dam: The construction of the main dam requires permanent

acquisition of 58.103,00 m2 of land. The component will affect just 63 m2 of

residential land (accounting for 6,93% of total acquired residential land)

and it is one of the two construction components having impacts on

residential land. The main dam require recovering mostly forestry land

14

(33,144.00 m2 representing 57,04% of acquired land for this component),

following by paddy field land (11,966.00 m2 representing 20,59%), hilly

field land (3.430 m2 constituting 5,9%) and fallow land (9.500 m2

constituting 16,35%).

- Headrace tunnels: this component willrecover permanently an area of

16.175,00 m2. This component mostly occupies hilly field land and

perennial crops land (5.600 m2 constituting 34,62% of total acquired land

for this component) and forestry land (10.575 m2 constituting 65,38% of

total acquired land for this component).

- Pressure tunnels: will require acquisition of forestry land with total area of

11.490 m2.

- Powerhouse: this component has smallest impacts on land. Total

acquired land for this component is 4,404.00 m2 (representing 0,68% of

total permanently affected area of the project).Nearly half of this area is

paddy field land (2,004.00 m2 representing 45,5%), and the other half is

forestry land (2.400 m2 representing 55,5%).

- Access roads: this component has the second larges i impacts both in

area and categories of land. Total permanently affected land by this

component is 186.420,4 m2 (constituting 48,5% of total permanently

affected area of the project). The acquired land for this component consists

of residential land, paddy field land, hilly field land, perennial crop land and

forestry land. Forestry land (97.121,50 m2) makes up 52% of the total

acquired land for this component, following by paddy field land ( 48.581,10

m2, representing 26%) and hilly field land orperennial crop land (

39.871,80 m2 representing 21,38%). This is the second component that

requiresd acquitision of residential land . Residential land covered by this

component is 846 m2 making up 93,07% of total permanently affected

residential land of the project.

- 110 kV transmission line component: 20,5km of the 110 kV transmission

line is to be invested to connect Nam Khanh hydropower plant to the

national power network. This transmission line will be shared by three

hydropower plants. Thereof, 3.5km from Nam Khanh hydropower plant to

15

Bac Na hydropower Plant will be invested by the Song Da 9 Join Stock

Company. Seven (7.0) km from Bac Na hydropower plant to the switchyard

of Nam Phang hydropower Plant will be invested joinly by the Song Da 9

Join Stock Company and the Bac Na Hydropower Join Stock Company .

The last 10 km of 110 kV double circuit section from Nam Phang

hydropower Plant to tower No 373 will be constructed jointly by the Song

Da 9 Joint Stock Company, Bac Na hydropower Construction Joint Stock

Company, and Bac Ha Energy Joint Stock Company. Therefore, land

acquisition for the 110 kV transmisison line for Nam Khanh Hydropower

Project will be the impact caused by the 3.5 km section from Nam Khanh

hydropower plant to Bac Na hydropower Plant. This 3.5 km requires

permanent acquisition of 4.296,0 m2 of land for tower foundations, of

which 2,520 m2 is the forestry land and the remaining is the hilly field land;

and (ii) temporary land acquisition t of 7.970 m2 of forestry land for the right

of way (ROW).

It is noted that some households lost more than one type of land and the

same thing happened with affected persons. The total of affected

households and affected persons of this compensation is 15 and 87

respectively.

- Dyke: This component requires least area for construction, only 2.380 m2 of

fallow land recovered.

List of households losing their land permanently is attached in Appendix 1.

16

Table 4: Total of permanently acquired area of lands by construction components

Components Acquired area (m2)

Including (m2)

Remarks

Residential

land

Paddy field

land

Hilly field, perennial

crop land

Forestry

land Fallow land

Reservoir 57.409,19 12.192,00 8.866,00 2.640,00 33.711,19

Main Dam 58.103,00 63,00 11.966,00 3.430,00 33.144,00 9.500,00

Headrace gallery 16.175,00 0,00 0,00 5.600,00 10.575,00 0,00

Pressure pine 11.490,00 0,00 0,00 0,00 11.490,00 0,00

Powerhouse 4.404,00 0,00 2.004,00 0,00 2.400,00 0,00

Operation roads 186.420,40 846,00 48.581,10 39.871,80 97.121,50 0,00

transmission alignment 4 296, 0,00 0,00 1,776.00 2520,00 0,00

Dike 2,380.00 2.380,00

Total 340 677,59 909,00 75.303,10 63.367,80 150.466,50 50.631,19

17

2.1.2. Temporary Impacts

During the construction stage, 21.065,50 m2 of land of 5 households (with 29

affected persons) will be temporarily affected for camps, storage areas including

2.155,5 m2 of paddy field land (constituting 10,2% of temporarily affected area)

6.640m2 of hilly field land/perennial crop land (constituting 31,5% of temporarily

affected land) and 12.270,0 m2 of forestry land (constituting 58,3% of temporarily

affected land).

Table 5: Temporarily affected land area of households

Temporarily affected

land

Impacts

Area

(m2)

No of affected

households

No of affected

people

Paddy rice land 2.155,50 5 28

Hilly field/perennial crop

land 6.640,00 5 29

Forestry land 12.270,00 4 22

Total 21.065,50

It is noted that some households lost more than one type of land and a similar

thing happened to affected persons. The total of households and affected persons

with temporarily affected land are 5 and 29 respectively

List of households having their land affected temporarily is attached in Appendix2.

18

Table 6: Total of Temporarily Affected Land by Construction Components

Components Total acquired land (m2)

Categories (m2)

Residential

land

Paddy

rice land

Hilly

field/perennial

crop land

Forestry

land

Fallow

land

Reservoir 0,00

Main Dam 0,00

Headrace gallery 0,00

Pressure pine 0,00

Power house 0,00

Operation roads 0,00

transmission alignment 7,970,00 7,970,00

Dyke 0,00

Construction camps and gathering storage 13,095.50 2,155.50 6,640.00 4,300.00

Total 21,065.50 2,155.50 6,640.00 12,270.00

19

2.2. Impacts on Trees and Crops

Nam Khanh hydropower Plant in total causes impacts on 11,707 trees, mostly low

value wood trees. A total of 7,705 trees which belong to 33 households (among 69

households who have land recovered) will be affected by construction

components, access roads and auxiliary components, including 5,655

sinosideroxylon trees, 1,316 cinnamon trees, 315 apricot trees, 201 pine trees and

some other varieties like: palm trees and baccaurea sapida, and other trees.

Besides, the component of 110 kV alignment causes a impacts on trees and crops

of 15 households – 5,000 sinosidero xylon, 1,000 apricot trees, 1,000 cinnamon

trees and 500 other trees are affected,

20

Table 7: Number of trees affected by plant construction

Affected households Sinosideroxylon Apricot Pine Cinnamon Mỡ

Palm

trees

Baccaurea

sapida

Total

(tree) (tree) (tree) (tree) (tree) (tree) (tree)

33 households affected by the plant

construction 5.655 315 201 1.616 170 46 2 7.705

15 households affected by the 110 kV

transmission line 5.000 1.000 1.000 500 7.500

21

In terms of affected areas with trees, construction of Nam Khanh hydropower Plant

has impact on 93.824,73m2 of perennial trees and crops of 27 households, of

which, 76.783m2 is area under tea trees, 13.655 m2 is under cassava, 163,13 m2

is under ground nut, 2.681,6 m2 is under maize and 542 m2 is paddyfield. The

110 kV transmission line causes impacts on 15 households with 5000 m2 of area

under tea trees and 3.360 m2 of paddyfield. Therefore, total crops area affected by

hydropower plant construction is 102.184,73 m2

Table 8: Amount of crops affected by Nam Khanh hydropower plant construction

Number of

affected

households

Tea(m2) Cassava

(m2)

Ground

nut(m2)

Maize

(m2)

Rice

(m2) Total (m2)

27 households

affected by the plant

construction

76.783,00 13.655,00 163,13 2.681,60 542,00 93.824,73

15 households

affected by the

transmission

alignment 110kV

5.000,00 3.360,00 8.360,00

Total 81.783,00 13.655,00 163,13 2.681,60 3.902,00 102.184,73

The above land acquisition is to be made after households harvest their crops. For

wooden trees, affected people are compensated for affected trees and allowed to

harvest them also.

The list of affected households whose crops lost by the project is attached in the

Appendix 3.

2.3. Impacts on Structures

Two components of Nam Khanh hydropower plant ( access roads and main dam)

cause impacts partly on housing structures of four (04) households with a total of

909 m2 affected, of which, 869 m2 is area of house and 40 m2 is area of auxiliary

structure such as latrine and animal cages.

The list of households affected of houses and auxiliary structure is attached in

Appendix 4.

22

2.4. Impacts on Income and Business

During the construction stage, Nam Khanh hydropower plant will cause permanent

impacts on 75.303,10 m2 of paddy rice and seasonal crops land, and temporary

impacts on 2.155,5 m2 of paddy field land. According to the detailed

measurementsurvey (DMS) of losses, 12 households will lose more than 10 % of

their total productive land area. Acquisition of land and affected on-land assets,

especially tea trees – one of the main incomes of local people, will impact on

income and livelihoods of affected households.

The hydropower plant construction also causes impacts on a huge area of stream

in Nam Khanh and Ban Lien communes. However, since the topography of the

affected area is composed of rough, sloping components with narrow, gradient

and rocky stream so people hardly catch fish in this area. Therefore, Nam Khanh

hydropower Plant construction doesn’t cause any impacts on fishing activities of

the local people. In fact, people often catch fish in flat terrain stream and far from

the reservoir bed. From the upstream area of the spillway upward, the source of

fish will not be affected when the hydropower plant is completed; moreover, there

will be a growth in varieties and in amount as the water level in the reservoir

makes a larger and more stable space. The down stream area from the dam to

the hydropower plant will be impacted due to low water level. However, the impact

is not serious as the gradient terrain of this area with many small incoming

streams will increase water level, especially in raining season. Local people and

local authorities and concerned agencies agreed and confirmed in the Minutes of

the Consultative Meeting which was conducted on 14 July, 2010 with the

communities that Nam Khanh hydropower Plant construction hardly causes

impacts on fishing activitiesand water resources of the local people. The Minutes

of the Meeting is enclosed in the Appendix 6.

2.5. Other Impacts

Nam Khanh hydropower Plant does not create any other impacts on community

and households out of the said impacts. Construction components are designed

far from residential area and communities. Business opportunities, culture

structures, community’s assets and infrastructure are not impacted by the

subproject.

23

III. INSTITUTIONAL FRAMEWORK AND ENTITLEMENTS OF AFFECTED

PEOPLE

This Resettlement Plan is prepared under the REDP, so the legal framework for

compensation and resettlement will be based on the Policy Framework for

compensation, resettlement and rehabilitation of project affected persons applied

for REDP.

The applicable policies for compensation and resettlement consist of (i) the WB

policy requirements, (ii) existing regulation on compensation, rehabilitation,

resettlement of the Government of Vietnam; and (iii) regulations on compensation,

assistance and resettlement of the local authorities (Lao Cai Province).

- Regarding the WB policy requirements, the OP 4.12 – the Involuntary

Resettlement – is applied. The main contents of OP 4.12 are defined in the RPF.

- The existing regulations on compensation, assistance and resettlement

promulgated by the Government of Vietnam apply to implement the resettlement

plan of Nam Khanh hydropower subproject, including:

1. The Land Law 2003 issued on November 26, 2003

2. Decree 181/2004/ND-CP issued on October 29, 2004 guiding the

implementation of the Land Law revised 2003.

3. Decree 188/2004/ND-CP issued on November 16, 2004 on methods to

determine land prices and assorted land price brackets.

4. Circular 114/2004/TT-BTC issued by November 26, 2004 guiding the

implementation of the Government’s decree No 188/2004/ND-CP.

5. Decree 197/2004/ND-CP issued on December 3, 2004 on compensation,

assistance and resettlement when land is recovered by the state..

6. Circular 116/2004/TT-BTC issued on December 7, 2004 guiding the

implementation of the Decree 197/2004/ND-CP.

7. Decision 209/2004/NĐ-CP dated 16 December, 2004 on managing quality

of construction project

8. Decree 12/2009/NĐ-CP on 10 February, 2009 by the Government on

managing construction investment project and relevant legal policies

24

9. Decision 23/QĐ-BCN on 05January, 2006 by the Minister of Industry on

approving supplementation of small hydropower plant

10. Decree 17/2006/NĐ-CP on amending and supplementing some charters of

Decrees of Land Law Practice and Decree 187/2004/NĐ-CP dated 17

January, 2006 on transforming State companies to Join Stock companies.

11. Circular 69/2006/TT-BTC on amending and implementing Decree

116/2004/TT-BTC dated 02 August 2006.

12. Decree 123/2007/ND-CP on amending and supplementing some charters in

Decree 188/2004/NĐ-CP dated 27 July, 2007.

13. Decree 84/2007/NĐ-CP by the Government issued on 25 May, 2007 on

revised regulations of issuing land use certificate, implementing land using

rights, procedures of compensation, resettlement, grievance redress and

support for Government land acquisition.

14. Circular 14/2008/TTLT/BTC-BTNMT on guiding application of a number of

terms of Decree 84/2007/NĐ-CP dated 31 January 2008 .

15. Decree 69/2009/NĐ-CP issued on 18 August, 2009 by the Government on

supplementing regulations of Land use planning, land pricing, land

acquisition, compensation, allowance, and resettlement.

The existing regulations on compensation, assistance and resettlement of the local

authorities (Lao Cai Province) will be applied for the Resettlement Plan, including:

1. Decision 44/2009/QĐ-UBND on 25 December, 2009 by the People’s

Committee of Lao Cai province on detailed definition of land types,

categories, locations, categorized streets of Lao Cai province in 2010.

2. Decision 45/QĐ-UBND, on 25 December, 2009 by the People’s Committee

of Lao Cai province on compensation, allowances, resettlement when the

Government acquired land for purposes of national defence, national

security, community’s services or economic development in Lao Cai

province.

3. Decision 47/2009/QĐ-UBND on 25 December, 2009 by the People’s

Committee of Lao Cai province on amending regulations of land rent, land

allocation, procedures, transformation of land use purpose, land acquisition

25

and issuing land use certification which presented in Decision 56/2008/QĐ-

UBND dated 29 January, 2008, in Lao Cai

4. Decision 532/UBND-TNMT on 17 March, 2010 by the People’s Committee

of Lao Cai province on Supplementing the Decision /2009/QĐ-UBND dated

25 December, 2009 of by the/2009/QĐ-UBND on regulations of

compensation, allowance and resettlement when the Movement acquires

land for national and public services or economic development purposes in

Lao Cai province; Decision 46/2009/QĐ-UBND on 5 December, 2009 by

the People’s Committee of Lao Cai province on Price of rent land and rent

water surface in Lao Cai province

To harmonise the World Bank policy with the Viet Nam Government and local

regulations on Compensation, assistance and resettlement, the following terms of

resettlement framework of REDP were agreed among Resettlement Committee of

Bac Ha district, the investor of Nam Khanh hydropower Plant, communal

authorities and affected people:

Applied principles for Compensation, Allowances and Resettlement of Nam Khanh

Hydropower Plant.

1. During the planning as well as the design phase, it is required to minimize

acquired land area and avoid affecting local people’s assets.

2. The displaced households losing residential land, agriculture land, crops,

trees and others in the subproject site will be compensated and assisted to

improve or at least maintain their pre-subproject living standards, income

earning capacity and production levels.

3. In case, lack of land use certificates (including residential land, agriculture

land and others) and other legal claims associated with assets has no

impact to the entitlements of compensation, assistance and resettlement

4. The land acquisition, compensation, assistance and resettlement income

restoration and livelihoods development, etc. should be implemented in full

consultation with all displaced people adequately.

26

5. The compensation for the lost land, crops and trees and other assets will be

provided at replacement cost and no deduction, depreciation and

conversion values or any others..

6. The poor households, female headed households, and ethnic minority

households. etc. and other vulnerable households will be assisted in

accordance with the approved RPF and the existing provisions of the local

authorities. Simultaneously, other assistances shall be provided by the

subproject investor depending on the results of consultation with these

displaced households.

The Entitlement Matrix of REDP is described in the RPF. Accordingly, the

entitlements matrix of Nam Khanh hydropower Plant is established as follows:

27

Table 9: The Resettlement Entitlement Matrix of Nam Khanh Hydropower Plant

Order Types of loss Application Definition of entitled person Compensation Policy

1 Permanently

affected

agriculture land

More than 10% of

HH’s total land

holding lost

All households, individuals or

organizations losing agriculture

land by project components (There

are 12 affected households)

1. Cash compensation for acquired land and assets at

replacement cost.

2. Rehabilitation programs and income restoration

assistance are given (specified in charter 7)

Less than 10% of

total land holding

lost

All households, individuals or

organizations losing agriculture

land due to acquisition (There are

43 households affected by the

construction and 9 households

affected by the 110 kV transmission

alignment)

1. Cash compensation for acquired land and assets at

replacement cost.

2 Permanently

affected

forestry land

Poor forestry and

categorized as type

3. It is not a type of

protective forestry

Owner of the affected forestry land

(The People’s Committee of Nam

Khanh and Ban Lien communes)

Compensation payment will be made on the regulated

price frame for the households who already had

forestry land allocated to protect and plant.

3 Affected trees

and crops

All trees and crops

affected by the

construction

People losing crops and trees on

the affected area

(41 affected households)

Compensation on regulated price frame

if displacement is required for affected trees,

compensation will cover removal expense and any

actual damages

28

Order Types of loss Application Definition of entitled person Compensation Policy

4 Temporarily

affected

agricultural

land

Agricultural land

temporarily affected

during the

construction stage

Households of temporarily affected

agriculture land (05 affected

households)

1. compensation for land rent basing on length of

affected period as regulated in the Decision

47/2009/QD-UBND on 25 December 2009 by the

People’s Committee of Lao Cai Province

2. Construction firms should restore the soil quality to

households with equal quality of soil as before

affected.

5 Residential

land

residential land

acquisition

Affected land user (04 affected

households)

Cash compensation for land lost at: (i) 100% of

replacement cost to eligibility people; (ii) 30% of

replacement cost to temporary affected land

6 Houses,

structures,

tombs

Land acquired with

structures built

thereon (houses,

kitchen. etc..)

House, structures, assets on

affected land ( (04 affected

households)

(i) Compensation in cash for all affected structures will

be provided at 100% of the replacement cost for

materials and labour without deductions for

depreciation or salvaged building material

29

Order Types of loss Application Definition of entitled person Compensation Policy

Tombs of affected

households

Compensation for tombs relocation will cover payment

of digging, removal, purchasing/allocation new area,

and relevant expenses

Allowance for praying of tomb removal as local custom

Combined structures (not components of tomb) will be

compensated

For derelict tombs, the People’s Committee will move

to new cemetery

7 Allowance Allowance to

adverse affected

households (losing

more than 10% of

their productive land)

12 households will lose more than

10% of their productive land, of

which, five (05) households will

lose from 20% to 46% of their

productive land, 04 households will

lose both residential and 10%

productive land

1. For four (04) households losing residential and 10%

productive land: Subsistence assistance equivalent to

market value of 30kg of rice/person/month for 6

months (it is 3 months as regulated in the RPF, but the

investor gives assistance for 6 months in compliance

with regulations of the Provincial People’s Committee)

2. For the other eight (08) households (out of the 12

households) losing more than 10% of productive land:

subsistence will be paid in cash which equivalent to

market value of 30kg of rice/person/month for 3

months.

30

Order Types of loss Application Definition of entitled person Compensation Policy

3. Assistance of vocational training for one family

member of affected households (households losing 10-

50% of their productive land) or for two family

members (households losing 50-70% of their

productive land). For households losing over 70% of

their productive land, all family members will be

assisted to participate vocational training

4. Life stabilisation: subsistence assistance VND

1.500.000 / household for one-time assistance.

5. Priorities are given to these households to

participate aid-development programs by the

Movement or international organizations

Subsistence to the

poor and vulnerable

households

Affected households who are poor,

ethnic, women headed households

and other vulnerable households

(64 households)

1. Subsistence assistance: VND 1.500.000 / household

8 Incentive

bonus

DP who timely hand the affected

land to the project voluntarily

A bonus of minimum of 2.0 million VND, maximum

amount will be determined by provincial authorities.

31

IV. SOCIO-ECONOMIC OF AFFECTED COMMUNITIES AND PEOPLE

4.1. Socio-Economic Situation of the Affected Communities

Bac Ha district is located in Northeast of Lao Cai province. The district covers an

area of 686,78km2 with central of the district called Bac Ha town and with 20

communes, including: Bản Phố, Bản Liền, Bản Già, Bảo Nhai, Bản Cái, Cốc Ly,

Cốc Lầu, Nậm Mòn, Nam Khanh, Nậm Đét, Na Hối, Lầu Thí Ngài, Lùng Phìn,

Lùng Cải, Tả Củ Tỷ, Tả Van Chư, Tà Chải, Thải Giàng Phố, Hoàng Thu Phố, Nậm

Lúc. Nam Khanh and Ban Lien are two communes’ impacted by Nam Khanh

hydropower Plant.

There are 7 villages in Nam Khanh commune: Nam Khanh, Làng Mới, Nậm Càng,

Nậm Tồn, Nậm Táng, Giàng Trù, Mà Phố. Nam Khanh commune covers an area

of 2.048 hectare with 187 households including 112 households of Dao people, 56

households of La Chi people, 17 households of Nung people and 2 households of

Kinh people. The commune’s population is 1,114 people of which, 550 people are

male and 557 people are female.

Nam Khanh is categorized as a poor commune with monthly average income of

VND 800.000 per capita. The poverty rate in 2009 is at 58,8% (110 households

out of 187 households). The commune is helped with aid-driven poverty alleviation

programs invested by the Government such as Program 135, Program 472.

For agriculture production, local people live on cultivation of rice, maize, cassava,

cinnamon but their productivity and quality is low due to their backward cultivation

habits and limitation of information and techniques. Gross food production of the

commune marked 346,5 tons in 2009 including 89 tons of maize, 201,6 tons of

cassava and 80ha of cinnamon. Animal raising is kept in self-sufficiency mode.

There isno household who carry out animal husbandry in large and commercial

scale . Total heads of livestock in commune include: 535 f buffalo and 354 goats.

Epidemic diseases spreading among livestock and poultry is a serious risk to

income and livelihood of local people. Cultivation and animal husbandry are main

sources of people’s incomes. In addition, some households earn extra income

from manual labour on intermittent basis; and a few households from small

business and trading .

32

Trading and services have started in the commune on a small scale, mostly

providing food and necessities. There are in total 15 households doing business

and small groceries with little higher incomes, about VND 1,200,000 /month.

Features of a market are not obvious as people mostly exchange their products of

cultivation and animals. Other kinds of food products are brought in for sale or

exchange by outside private traders

There are 115 households out of 187 households using electricity from national

grid. However, energy is cut off regularly wholly or partly in the commune. Traffic

in the commune or with other communes is quite comfortable except for some

road sections, which become very difficult during the raining season. According to

the census data of the Education Department of Bac Ha district, 100% of school-

age children go to school and there is no drop-out case. There are 3 classes of

kindergarten with 45 children; 11 classes of primary school with 118 children; 4

classes of secondary school with 77 children; there are 50 illiterate people; 50%

people can communicate in Kinh language while the other (predominantly the old)

are able to communicate in their own language only. Traditional culture and local

wisdom of these ethnic people are still preserved .

Besides Nam Khanh commune, Ban Lien is the second commune affected by

Nam Khanh hydropower plant with the affected area being larger than those of

Nam Khanh commune. There are 9 villages in Ban Lien commune with 354

households (2,058 people). People in the commune are mainly ethnic minority

people, Tay people constitute 55%, Mong people constitute 30% and Nung people

constitute 15% of the commune population.

Rice, maize, cassava are major crops of people in the commune. Cultivation area

of the commune consists of 105 ha of paddy rice land and 10 ha of up rice land.

The productivity that the commune reached in 2009 is 334,5 rice tons, 78 maize

tons. Besides rice, maize and cassava plants, San Tuyet tea is a special product

of Ban Lien commune. There are 250 hectare of tea plants in the commune, of

which, 120 hectares is in time of harvesting. Tea plantation benefits the commune

with VND 800 million each year. Tea cultivation is the main income resource of

Tay people. Tay people mostly cultivate tea and rice while Mong people and Nung

people mainly cultivate rice. The trend is that local production will be gradually

switched toward tea and rice farming as these crops bring higher productivities

33

and income. A processing tea factory has been built in Ban Lien commune and

local people are expected to increase their tea area to supply raw material for the

factory. The product is being exported to other countries.

Animal husbandry is quite developed in the commune with 1.000 buffalos, 800

horse, and 3.000 pigs. Nevertheless, animal husbandry has remained at a self-

sufficiency status and animal breeding for trading is not yet observed. Horses are

mostly used for transportation and carriage purposes. The commune is considered

poor with average income 500.000 đ per capital. Poor households account for

15% of the total commune households (there were 189 poor households in 2009)

50% of people in the commune are using off grid electricity because national grid

has not arrived to the commune. All ethnic people in the commune can

communicate in Kinh language. Though, 35% of Tay-Nung people and 15% Mong

people can read in Kinh language. Therefore, education in the commune faces

with difficulties, there are only 3 classes of kindergarten children, 3 classes of

primary school and 2 classes of secondary school. Traditional habits and local

wisdom are still preserved in people’s daily life.

4.2. Socio-economic of affected people

There are in total 69 households affected by the project, these households live in

Nam Khanh and Ban Lien commune. Socio-economic surveys have been

conducted to 100% of affected people. The surveys mostly combined qualitative

data collection methods (16 households were involved in in-depth interview for

household socio-economic information, six (06) focus group discussions were

conducted – four (04) group discussion and 06 consultative meeting with

communities in 02 communes were carried out).

The in-depth-interviews with participation of representatives from women union,

famer association, village leaders, communal leaders, Father Land Front, affected

and non-affected households and participation of representatives of village leader,

vice-village leaders, women union of the two villages, and all affected people in the

focus group discussion conducted in the two villages as well as representatives of

compensation steering committee of Bac Ha district, communal leaders, project

holders, and all people in the affected area… attending the consultative meeting

with communities conducted in the two villages on 3 June, 2010 and on 14 July,

34

2010 were good conditions for appropriate and sufficient data collection of socio-

economic information.

Interviewing patterns are attached in Appendix 4, 5, 6. Minutes of consultative

meetings with communities and list of attended households are enclosed in

Appendix 7.

The analysis of socio-economic data describes income structure of affected

households as the followings:

Table 10: Main source of income

Main source of

income

Agriculture (food crops, cash

crops, perennial plants)

Presenting 68,3% of

total income

extra income

Animal husbandry (fish, livestock, poultry)

Presenting 22,7%of total income

Manual labour Presenting 10,7% of total income

Small business Presenting 8%/ of total income

Currently, all poor households are beneficiaries of hunger elimination and poverty

alleviation programs like Program 135 and Program 472. The average income of

each household is at 910.000 /year (under the poverty threshold). On average,,

each household has 5,9 members, of which, 59% households are categorized as

poor cases. Major causes leading to the poverty situation are due to (i) the

backward cultivation habits (presenting 94%), (ii) shortage of capital (89,7%), (iii)

situation of long term and repeated epidemic diseases, (74,7%), (iv) lack of access

to market and labour information (61%).

Table 11: Main food crops of affected households

Rice 100%

Maize 78,9%

Cassava 59,8%

Rice and maize are key crops of income resources. Annual average productivity is

estimated at 799,5 kg/person. Each household has 1,63 hectare for cultivation and

there are some vacation areas for reclamation.

35

Table 12: Fruit trees

Apricot 54,2 % of households cultivating the plant

Pine -tree 59,8 %of households cultivating the plant

Tea 57,1 % of households cultivating the plant

Other fruit trees are also planted like persimmon, sapotaseal, sugar apple, jack

fruit … by these households

All affected households still practice animal grazing habits . Animal husbandry for

market is not observed with households keeping animals mainly for their own

consumption .

Table 13: Main animals of affected households

Buffalo 51,1%of households raising

Cow 45,7% of households raising

Pig 75,7% of households raising

Goat 47,3% of households raising

Chicken 100% of households raising

Among the affected households, there are 4 households raising on average of 3

buffalos, 10 households are raising 4 horses and 21 households are raising 4-5

pigs

Table 14: Home furniture of affected households

Motorbike 22,8 %

Television 43,6 %

Telephone 34,2 %

Radio 40 %

Cooker 14,2 %

Water pump 8,5 %

50,9% of affected households are using electricity from the power grid. All

households of Ban Lien commune are using electricity from pico hydro power

generators , which are installed atnearby streams.

Most of households use wood for cooking and heating. A very few households use

coal or gas.

Currently, these households take rain water or water from wells for their daily use.

Some households take water running through pipes from streams.

36

Average age of household heads is 49,5 years, 87,1% of them are male. These

household heads mainly have education level from 7 - 9/12 grades (constituting

69,5% of the total),. Some other household heads reached education under grade

7 (19,3%) and a few household heads graduated 12/12 grades (11,2%). All

household heads can communicate in common language (Kinh language), only

one is not able to read or write in King language. There are 55,8% of households

monthly going out from their communes and households yearly going out from

their communes constitute 45,5%. They mainly go out for visiting their relatives

and buy necessities for daily purposes and production.

Most of the affected households have latrines but these latrines are temporarily

established by leaves and sacks of which sanitation is not guaranteed. Spreading

of epidemic diseases is therefore very likely.

According to the communes’ development plans for next year, local authorities will

make their best efforts to reclaim and increase cultivation areas up to 1,89 ha/per

household (compared to the current area of 1,63ha/per household) which is

expected to improve food outputs up to 3,865 tons/households compared with the

current outputs 4,28 tons/household. Promotion of animal farming at larger scaleis

planned to be conducted as well as promoting of tea cultivationfollowing modern

farming approaches.

37

V. COMPENSATION AND ASSISTANCES

5.1. Compensation

Cut off date: the detailed measurement survey of losses of Nam Khanh

hydropower Plant completed on 2 July, 2010. The cut of date is the date of

competition of the DMS. The date was announced in public to affected households

one week in advance, so that (i) the affected households could participate in the

survey activities with the survey team of the Compensation Committee, meanwhile

(ii) the communities could confirm that people living in the area or assets (crops,

trees etc…) occurred after the aforementioned cut off date would not be entitled to

compensation and resettlement.

Replacement cost survey: A replacement cost survey on land, trees (different

kinds of trees), crops and other assets upon lands, labour payment, costs of

construction materials… were defined by a group of people comprising

representatives of the district Compensation Committee, women’s union, farmer’s

association, commune and village leaders and representatives of 15 households

on behalf 49 affected households. It is a fact that almost local people in the

subproject site have never exchanged the assets and properties by the real

markets (most of people leave a part of their land, house for their children when

they get married). Therefore, compensation price unit for land and assets on land

regulated in the Decision 45/2009/QD-UBND dated 25 December, 2009 by the

People’s Committee of Lao Cai province (the Decision was issued based on the

Governmental Decision No 69/2009) were consulted with affected households and

it is realised that the compensation unit rates and the regulated assistant amounts

are adequate to the values of lands and assets as well as the investments on

lands (including labours). Representatives of affected households totally agreed

with the compensation and assistant unit rates.

Compensation price-schedule was consulted in the meetings with communities

and affected households agreed with the compensation price schedule.

The procedures for compensation will include 5 steps:

1. Applying the values to the lost assets for compensation to each affected

household (with survey results agreed with the affected households).

38

2. Summary of impacts and entitlement’s summarizing the assets lost and

entitlements for each household for compensations and other assistances

will be disclosed to all affected persons at public places.

3. Submission of compensation plan to the DPC of Bac Ha for approval.

4. The approved compensation plan will be disclosed

5. The compensation and assistance will be paid

Compensation activities are expected to be implemented in September 2010.

Compensation payment is estimated and breakdown as follows.

Table 15: Compensation paid for the categories of impacts

Impacts Amount (m2) Pricing (VND/m2) In cash (V ND)

1 Permanently impacted land 340 766,59

1.543.295.050

Paddy rice land 75.303,10 13.000,00 978.940.300,00

Upland field/ perennial land 63.367,80 5.000,00 316.839.000,00

Forestry land 150.466,50 1.500,00 225.699.750,00

Residential land 909,00 24.000,00 21.816.000,00

2

Temporarily impacted land 21.065,5

122.571.500

Paddy rice land 2.155,50 13.000,00 28.021.500,00

Upland field/ perennial land 6.640,00 5.000,00 33.200.000,00

Forestry land 12.270,00 5.000,00 61.350.000,00

3 Impacted trees 15.205 trees

102.184,73 m2of crops 1.202.288.305,70

4 Houses, structures 909,00 24.000,00 21.816.000,00

Total compensation estimated 2.889.970.855,70

5.2. Assistances

In compliance with the approved Resettlement Policy Framework of the REDP and

the results of consultative meetings with the communities, income restoration

assistances for affected households will be implemented as the follows

1. Affected households whose residential land recovered over 10% of their

total production land by the subproject, and those have residential land also

partly affected will receive assistance of 30 kg of rice/person/month in cash.

The assistance will be paid for all family members in six months (it is three

(03) months regulated in the RPF of the REDP, but these households will

39

receive assistance for 6 months following the regulations of the People’s

Committee of Lao Cai Province). One family’s member of these severely

affected households will receive assistance of vocational training. The

assistance will be paid in cash and is estimated to be paid at 5.000.000

dong/family member. If the household lost from 10% to 50% of the total

productive land, 01 family member will be assisted for vocational training; if

the household lost from 51% to 70% of the total productive land, 02 family

members will be entitled for this assistance. The households whose land is

recovered more than 70% of the total productive land, all family members in

the labour age shall be assisted for vocational training.. Assistance for

vocational training will be implemented in cash at the level of VND

5,000,000/person not including VND 1,500,000 for subsistance (this is the

higher level of such assistance under the GOV program for vocational

training for rural areas. These affected households also will be given priority

to attend other development programs by international organisations,

goverment agencies or local authorities.

2. Affected households who have land recovered more than 10% of their

productive land by the project will receive assistance of 30 kg of

rice/person/month for three (03) months. The assistance will be paid in cash

for all family members. The severely affected households will also be

entitled to assistances for occupational trainings. If the household lost from

10% to 50% of the total productive land, 01 family member will be assisted

for vocational training; if the household lost from 51% to 70% of the total

productive land, 02 family members will be entitled for this assistance. The

households whose land is recovered more than 70% of the total productive

land, all family members in the labour age shall be assisted for vocational

training. . Assistance for vocational training will be implemented in cash at

the level of VND 5,000,000/person not including VND 1,500,000 for

subsistance (this is the higher level of such assistance under the GOV

program for vocational training for rural areas). These severely affected

households will also be given priority to attend other development

programs of by international organisations, government agencies or local

authorities.

40

3. Severely affected households are assisted with 1.500.000 dong for life

stabilisation. The assistance payment will be made in a onetime payment

4. Poor and other vulnerable affected households will be assisted with

1,500,000 dong for life stabilisation and will be made ina onetime payment

5. Incentive bonus will be given to households who timely and voluntarily hand

over the affected land to the subproject as regulated in the Resettlement

Policy Framework of the REDP (2,000,000 dong/household).

6. Particular for a household (Dang van Nan) who has about 80% of total the

land holding lost, rice subsidy will be provided by 30 kg/head/month for six

months for all family members together with (i) allowance for occupational

creation for all family members who are in the labour age; (ii) be prioritized

to received land reallocation (when construction completed, the unused

land or no-more used land shall be give back by the subproject to the

community to reallocate to affected households – this land is estimated as

an significant amount); (iii) be prioritised to benefit from the Ethnic Minority

Development Program as envisaged by the Ethnic Minority Development

Plan. Furthermore, the household shall be entitled to the allowance for life

stabilization and bonus of land hand-over on-time.

Table 16: Assistant expenses

Allowances Entitled people Unit (VND) in cash (đ)

1

Assistance to severely affected

households

42.840.000

Rice assistance 16 people (4

households)

6 months x 30 kg

rice x 7.000Đ/kg

20.160.000

36 people (8

households)

3 months x 30kg x

7.000Đ/kg

22.680.000

2

Subsistence assistance to

vulnerable households (poor

households, ethnic households)

96.000.000

Subsistence assistance 64 households 1.500.000/a

household

96.000.000

3

Incentive bonus 10.000.000

Incentive bonus to affected

households who timely hand over

5 households 2.000.000/a

household

10.000.000

41

Allowances Entitled people Unit (VND) in cash (đ)

their land voluntarily

Total estimated Assistances 148.840.000

42

VI. CONSULTATION AND PEOPLE PARTICIPATION

6.1 Community Consultation

It is necessary to establish close cooperation among the subproject investor,

Resettlement Committee, mass-organisations, local authorities, village leaders

and all of affected households. Representatives of the subproject investor,

communal leaders, farmers’ association, women’s union together with the

Resettlement Committee conducted 06 consultative meetings with communities

and all affected households in the two communes. In the consultative meetings,

investors and the concerned agencies informed and discussed with affected

households the magnitude of the impacts, potential positive and negative impacts,

mitigating measures and action plan related to the resettlement activities

(inventory of loses, DMS results dissemination, compensation…). Opinions,

suggestions and concerns of affected people were collected, so that, the

concerned agencies can determine effective mitigating measures to ensure the

entitlements of affected people. Representatives of affected households in the two

communes, representatives of mass organisations, and communal leaders

participated in the meetings. Entitlement matrix and policies of compensation,

allowances were printed and distributed to affected households and posted on

public areas like the commune’s head-quarters, the village leaders’ houses and

other public places.

In the consultative meetings with communities, questions, opinions, suggestions of

people and affected people were addressed fully. Local people agreed for the

construction of Nam Khanh hydropower plant in the area. The Minutes of

Consultative Meetings with communities are enclosed in Appendix 7, 8.

6.2. People Participation

Local people have been actively participating in the activities of compensation and

assistance. The implementation of the DMS was conducted with full participation

by affected households, village leaders, and mass organisations. Affected people

and communities in the two communes together prepared plan of assistance

program for affected households.

Information of Nam Khanh hydropower plant was summarised in the Information

Booklet to distribute to affected households in the two communes. The booklet

43

covers seven (7) key components: (1) introduction on the hydropower plant; (2)

impacts by the subproject; (3) entitlements of compensation, allowances of the

affected people; (4) implementation schedule of compensation and assistances as

well as, construction activities (5) policies on compensation, allowance related the

subproject; and (6) people’s participation and (7) how the affected people can

complaint for the entitlements.

The booklet was compiled in the form of questions and answers so that affected

people can understand easily. The Information Booklet for Nam Khanh

hydropower plant is attached in Appendix 9.

Entitlement matrix and other documents on compensation were provided and

affected people and communities can directly participate in and monitor of

compensation and assistance activities effectively. The Resettlement Committee

of Bac Ha district also conducted meetings with related communes to disseminate

information of Nam Khanh hydropower subproject. Communal leaders already

informed people of these communes about the construction of the plant, its

potential impacts, and affected people’s entitlements.

6.3. Grievance Redresses Mechanism

Nam Khanh subproject investor and Resettlement Committee conducted

discussions of procedures of grievances to affected households. The procedures

are presented as follows:

- If individuals or households disagree with the policy of compensation,

rehabilitation, resettlement or any other relevants, they should submit their

complaints in wrtiting to the CPC of Nam Khanh or Ban Lien in writing or

verbally. The CPC will resolve a complaint within a time limit of 15 days.

- In case, the agreement and conciliation are not obtained or the affected

people don’t receive any response within a time limit of 15 days as from the

date of receipt of the complaint, the affected people will have right to lodge

a further complaint to the People’s Committee of Bac Ha district.

- Where a complainant does not receive reply or disagrees with the decision

on resolution by Bac Ha DPC within 30 days, they will have right to lodge

their further complaints to Lao Cai Provincial People Committee.

44

- If the complainants are not replied to or are not satisfied with the answers

within 30 days after the date of the complaint’s receipt, they will have the

right to made their grievances to the administrative Court of Bac Ha district.

The procedure of grievance redress was described in the Information Booklet of

Nam Khanh hydropower plant and delivered to affected households; the booklet

provides affected households contacts number and name of responsible people in

the communes, district and province levels. Therefore, grievance redress is

supposed to be more effective as complainnants acknowledge who to express

grievances in such agencies.

Affected people are not required to pay any admistrative fees to have their

complaints resovled. Their grievances made to the administrative court are free of

charge as well. Grievance dossiers and resolutions are to be kept by Nam Khanh

hydropower plant investor and the People’s Committee of Nam Khanh and Ban

Lien communes.

45

VII. MONITORING, SUPERVISION AND EVALUATION

7.1. Internal Mornitoring

Nam Khanh hydropower subproject investor is responsible for conducting internal

mornitoring of Resettlement Plan implementation one time per month. The

subproject investor will coordinate with the CPC of Nam Khanh and Ban Lien, the

district’s Resettlement Committee, mass organizations,to supervise, mornitor and

evaluate the implementation of compensation, assistance and resettlement basing

on the following mornitoring indicators.

Table 17: Indicators for supervision, mornitoring and evaluation

Issues Basic indicators

1. Implementation

plan

- The plan has been discussed with the community.

- The plan is suitable to the actual condition and is coordinated

with the affected persons.

- The plan is suitable/proper to the schedule of the other

operations.

- The manpower of carrying out the plan fully

- The cost for carrying out the plan significantly

2. Compensation for

land and crops

- Checking, counting the damages exactly.

- Schedule of the land acquisition, compensation, the land

- The simple procedure of the compensation.

- The measures to mitigate the compensation of the land and

crops is carried out well or not (acquiring the land after planning

work, the compensation for one time etc)

3. Assistance - Ensuring the performed supports as specified in the matrix of

entitlements.

- Schedule of carrying out the compensation

- The simple procedure and one time compensation payment

made

6. Public Information

Dissemination

- The affected households/the community/the communal authority

/the mass organization are fully disclosed information on the policy

of compensation, rehabilitation, resettlement, implementation plan

and grievance settlement procedures.

- The affected people/the community/ the local authority /women’s

association participate into the related activities, especially the

46

Issues Basic indicators

supervision of implementing the compensation, assistance and

resettlement.

7. Grievance and

complaint

procedures

- The affected households and the community clearly understand

the grievance procedures.

- Committee of public consultation at communal level/ the

communal people’s committee clearly understand the grievance

procedures and can support the affected people to lodge

complaints.

Internal monitoring reports will be submitted quarterly to DPC of Bac Ha, DOIT of

Lao Cai province and will be submitted to the BIDV of Ha Tay province

periodically.

The local authorities, especially the DPC of Bac Ha will participate in supervision,

monitoring of compensation, assistance and resettlement to ensure that the land

acquisition and entitlement of displaced persons will be implemented in

compliance with the approved resettlement plan, the information dissemination will

be conducted by subproject developer and district resettlement committee and the

affected households will participate in the income and livelihood rehabilitation

program, the grievance redress procedures will be complied with and the

consultation with affected households will be carried out adequately by subproject

developer and district resettlement committee.

The BIDV in Ha Tay province is responsible for conducting its internal supervision,

monitoring and evaluation of subproject to ensure that the subproject meets all

requirements under REDP.

7.2. External Monitoring and Evaluation

An independent monitoring agency will be contracted by the PMB to carry out the

external monitoring, supervision and evaluation. The objectives of external

monitoring are to provide evaluation, supervision of resettlement plan, restored on

living standard and job, income rehabilitation. External monitoring will be

conducted on annual basis, except that during the initial phase two visits per year

will be required..

47

The external monitoring and evaluation will focus on reviewing progress indicators

and sustainable indicators, providing some lessons and recommending measures

to improve the performance of the compensation, rehabilitation, resettlement and

livelihoods rehabilitation plan.

48

VIII. REPORTING

The subproject investor will submit the Resettlement Plan to the DPC of Bac Ha

and to World Bank through BIDV Ha Tay for reviewing and approval.

After obtaining the approval, the subproject investor will submit the quarterly

progress report on implementation of Resettlement Plan to the DPC of Bac Ha and

BIDV Ha Tay. Submission of the quarterly report will be finalized when completing

the activities of the compensation, rehabilitation, resettlement and livelihoods

development.

49

IX. IMPLEMENTATION PLAN

The resettlement plan will be carried out as follows:

Activities

1 2 3 4 5 6 7 8 9 10 11 12

2010

Public Consultation

DMS

Consultation on the draft RP

Submission of the RP

Consultation on the approved RP

Compensation

External Resettlement Monitoring

2011

Implementation of Income Restoration Activities

50

X. RESETTLEMENT COST AND BUDGET

The resettlement cost is estimated as VND 3.266.490.751 The breakdown is

presented in the following table.

Table 18: Estimated budget for resettlement of Nam Khanh hydropower Plant

Description Cost

(VND)

1 Compensation 2.889.970.855,70

2 Allowances and Income Restoration Program 148.840.000

3 Management and Administration Fees (2%) 61.290.337

4 Contingency (10%) 315.080.719

Total 3.266.490.751

The Resettlement Committee of Bac Ha DPC will coordinate with the affected

people to prepare the plan to implement particular compensation and assistant

activities. Based on this plan, the costs will be transferred to the Resettlement

Committee of Bac Ha DPC to carry out the compensation and assistant activities.

51

APPENDICES

52

Appendix 1: Area of Permanently Affected Land by Households

Order Name of householders Address

Total area of acquired land (m2)

Agriculture land Residential land Forestry land

acquired remain

% of

affected

land

acquired remain

% of

affected

land

acquired remain

% of

affected

land

I Main structures and auxiliary 74 743,10 579 856,90 909,00 20 941,00 157 370,50 1 968 870,50

1 Lý Văn Củi Nam Khanh 499,00 11 501,00 4,16% 0,00 400,00 0,00% 4 592,00 30 408,00 13,12%

2 Phàn Văn Diệu Nam Khanh 3 272,20 14 727,80 18,18% 0,00 400,00 0,00% 3 400,00 31 600,00 9,71%

3 Lý Văn Diệu Nam Khanh 2 004,00 18 996,00 9,54% 0,00 500,00 0,00% 3 705,80 39 294,20 8,62%

4 Lý Văn Hà Nam Khanh 1 240,20 4 759,80 20,67% 400,00 100,00 80,00% 4 619,80 7 380,20 38,50%

5 Trương Văn Hạnh Nam Khanh 841,80 4 158,20 16,84% 46,00 154,00 23,00% 0,00 9 000,00 0,00%

6 Lý Thị Hồng Nam Khanh 3 161,00 8 839,00 26,34% 0,00 600,00 0,00% 3 684,70 30 315,30 10,84%

7 Đặng Văn Liên Nam Khanh 0,00 20 000,00 0,00% 0,00 600,00 0,00% 600,00 15 900,00 3,64%

8 Bàn Văn Minh Nam Khanh 2 790,00 21 210,00 11,63% 0,00 1 000,00 0,00% 0,00 20 000,00 0,00%

9 Đặng Văn Nàn Nam Khanh 8 055,30 1 944,70 80,55% 0,00 300,00 0,00% 17 217,00 27 783,00 38,26%

10 Lý Văn Nhếch Nam Khanh 0,00 18 000,00 0,00% 0,00 500,00 0,00% 2 100,00 25 900,00 7,50%

11 Lý Văn Thêm Nam Khanh 1 425,70 6 574,30 17,82% 0,00 500,00 0,00% 1 880,00 35 120,00 5,08%

12 Lù Văn Trường Nam Khanh 0,00 14 000,00 0,00% 0,00 650,00 0,00% 2 081,50 38 918,50 5,08%

13 Lý Văn Gèng Nam Khanh 0,00 11 000,00 0,00% 0,00 400,00 0,00% 0,00 25 000,00 0,00%

14 Lý Văn Bằn Nam Khanh 1 200,00 10 800,00 10,00% 0,00 500,00 0,00% 2 763,00 32 237,00 7,89%

15 Lý Văn Đệnh Nam Khanh 262,90 7 737,10 3,29% 400,00 100,00 80,00% 1 056,90 17 943,10 5,56%

16 Lý Văn Sơn Nam Khanh 1 104,60 13 895,40 7,36% 0,00 600,00 0,00% 4 322,20 40 677,80 9,60%

53

Order Name of householders Address

Total area of acquired land (m2)

Agriculture land Residential land Forestry land

acquired remain

% of

affected

land

acquired remain

% of

affected

land

acquired remain

% of

affected

land

17 Lâm Thị Án Bản Liền 585,00 9 415,00 5,85% 0,00 400,00 0,00% 13 486,00 31 514,00 29,97%

18 Vàng A Đương Bản Liền 0,00 6 000,00 0,00% 0,00 400,00 0,00% 5 775,00 37 225,00 13,43%

19 Vàng A Cạo Bản Liền 2 155,00 18 845,00 10,26% 0,00 400,00 0,00% 0,00 25 000,00 0,00%

20 Lâm A Chiu Bản Liền 0,00 11 000,00 0,00% 0,00 400,00 0,00% 0,00 20 000,00 0,00%

21 Vàng A Dương Bản Liền 0,00 6 000,00 0,00% 0,00 400,00 0,00% 0,00 14 000,00 0,00%

22 Lâm A Dũng Bản Liền 0,00 1 000,00 0,00% 0,00 400,00 0,00% 0,00 14 000,00 0,00%

23 Lâm A Hội Bản Liền 0,00 10 000,00 0,00% 0,00 450,00 0,00% 0,00 34 000,00 0,00%

24 Lâm A Hiệp Bản Liền 0,00 21 000,00 0,00% 0,00 400,00 0,00% 792,00 33 208,00 2,33%

25 Lâm A Hoan Bản Liền 254,00 13 746,00 1,81% 0,00 400,00 0,00% 7 842,00 35 158,00 18,24%

26 Vàng A Khuyên Bản Liền 1 701,00 11 299,00 13,08% 0,00 400,00 0,00% 4 780,00 31 220,00 13,28%

27 Vàng A Lương Bản Liền 5 416,50 4 283,50 55,84% 0,00 400,00 0,00% 7 199,00 28 801,00 20,00%

28 Lâm A Liên Bản Liền 9 299,00 12 701,00 42,27% 63,00 337,00 15,75% 9 676,00 35 324,00 21,50%

29 Lâm A Luận Bản Liền 5 720,00 11 280,00 33,65% 0,00 400,00 0,00% 0,00 45 000,00 0,00%

30 Vàng A Mái Bản Liền 3 149,00 9 851,00 24,22% 0,00 400,00 0,00% 18 893,00 71 107,00 20,99%

31 Vàng A Minh Bản Liền 2 719,80 21 280,20 11,33% 0,00 400,00 0,00% 11 627,00 78 373,00 12,92%

32 Lâm A Ngoan Bản Liền 300,00 15 700,00 1,88% 0,00 400,00 0,00% 8 500,00 41 500,00 17,00%

33 Vàng A Vương Bản Liền 3 872,00 15 828,00 19,65% 0,00 450,00 0,00% 3 760,00 41 240,00 8,36%

34 Vàng A Vản Bản Liền 5 947,00 13 053,00 31,30% 0,00 400,00 0,00% 792,00 54 208,00 1,44%

35 Vàng A Vận Bản Liền 0,00 12 000,00 0,00% 0,00 400,00 0,00% 0,00 60 000,00 0,00%

54

Order Name of householders Address

Total area of acquired land (m2)

Agriculture land Residential land Forestry land

acquired remain

% of

affected

land

acquired remain

% of

affected

land

acquired remain

% of

affected

land

36 Vàng A Vưởng Bản Liền 2 592,00 7 708,00 25,17% 0,00 400,00 0,00% 480,00 59 520,00 0,80%

37 Vàng A Xuân Bản Liền 958,50 9 041,50 9,59% 0,00 400,00 0,00% 4 800,00 70 200,00 6,40%

38 Vàng A Mạc Bản Liền 749,60 11 250,40 6,25% 0,00 400,00 0,00% 1 836,00 73 164,00 2,45%

39 Vàng A Sự Bản Liền 1 728,00 9 972,00 14,77% 0,00 400,00 0,00% 4 014,00 10 986,00 26,76%

40 Lâm A Xuân Bản Liền 1 056,00 18 944,00 5,28% 0,00 400,00 0,00% 0,00 35 000,00 0,00%

41 Vàng A Tuấn Bản Liền 124,00 9 876,00 1,24% 0,00 400,00 0,00% 168,00 25 832,00 0,65%

42 Vàng A Chiu Bản Liền 0,00 15 700,00 0,00% 0,00 400,00 0,00% 0,00 26 000,00 0,00%

43 Lâm Thị Oanh Bản Liền 0,00 9 000,00 0,00% 0,00 400,00 0,00% 150,00 13 850,00 1,07%

44 Lâm Thị Soạn Bản Liền 0,00 7 500,00 0,00% 0,00 400,00 0,00% 0,00 16 000,00 0,00%

45 Vàng A Hạng Bản Liền 0,00 13 000,00 0,00% 0,00 400,00 0,00% 0,00 24 000,00 0,00%

46 Lâm A Đoàn Bản Liền 0,00 10 500,00 0,00% 0,00 400,00 0,00% 0,00 20 000,00 0,00%

47 Lâm Văn Quyền Bản Liền 0,00 21 000,00 0,00% 0,00 400,00 0,00% 705,60 59 294,40 1,18%

48 Lâm Thị Máy Bản Liền 0,00 6 000,00 0,00% 0,00 400,00 0,00% 0,00 26 000,00 0,00%

49 Vàng A Vinh Bản Liền 0,00 18 500,00 0,00% 0,00 400,00 0,00% 72,00 35 928,00 0,20%

II 3,5km of transmission alignment 110kv 560,00 227 040,00 0,00 6 250,00 36 800,00 467 700,00

50 Lý Văn Mành Nam Khanh 64,00 11 936,00 0,53% 0,00 450,00 0,00% 3 500,00 38 500,00 8,33%

51 Lý Văn Phong Nam Khanh 0,00 2 100,00 0,00% 0,00 400,00 0,00% 3 200,00 38 800,00 7,62%

52 Lý Văn Sinh Nam Khanh 80,00 14 920,00 0,53% 0,00 400,00 0,00% 2 400,00 39 600,00 5,71%

53 Lù Văn Hào Nam Khanh 20,00 10 480,00 0,19% 0,00 400,00 0,00% 1 250,00 24 750,00 4,81%

55

Order Name of householders Address

Total area of acquired land (m2)

Agriculture land Residential land Forestry land

acquired remain

% of

affected

land

acquired remain

% of

affected

land

acquired remain

% of

affected

land

54 Phàn Văn Năm Nam Khanh 0,00 19 000,00 0,00% 0,00 400,00 0,00% 3 600,00 64 400,00 5,29%

55 Phàn Văn Tịnh Nam Khanh 0,00 19 000,00 0,00% 0,00 400,00 0,00% 950,00 47 050,00 1,98%

56 Phàn Văn Toán Nam Khanh 0,00 17 000,00 0,00% 0,00 400,00 0,00% 2 300,00 45 700,00 4,79%

57 Lý Văn Bình Nam Khanh 96,00 22 904,00 0,42% 0,00 550,00 0,00% 3 200,00 50 800,00 5,93%

58 Phàn Văn Thắn Nam Khanh 50,00 11 950,00 0,42% 0,00 400,00 0,00% 2 500,00 59 500,00 4,03%

59 Lý Văn Quang Cốc Lầu 50,00 14 450,00 0,34% 0,00 400,00 0,00% 3 400,00 45 600,00 6,94%

60 Lù Văn Thếp Cốc Lầu 120,00 19 080,00 0,63% 0,00 450,00 0,00% 980,00 61 020,00 1,58%

61 Lý Văn Cương Cốc Lầu 40,00 14 260,00 0,28% 0,00 400,00 0,00% 3 500,00 68 500,00 4,86%

62 Lù Văn Linh Cốc Lầu 40,00 18 560,00 0,22% 0,00 400,00 0,00% 2 600,00 69 400,00 3,61%

63 Lý Văn Thìn Cốc Lầu 0,00 18 000,00 0,00% 0,00 400,00 0,00% 2 300,00 75 700,00 2,95%

64 Lý Văn Giàng Cốc Lầu 0,00 13 400,00 0,00% 0,00 400,00 0,00% 1 120,00 36 880,00 2,95%

Total 75 303,10 806 896,90 909,00 27 191,00 194 170,50 2 436 570,50

56

Appendix 2: Area of Temporary Affected Lands by Households

Householder Address Family’s

members

Area of acquired land (m2)

Agriculture

land

area of holding

land Remain

Residential

land Remain

Garden

land Remain

Bàn Văn Minh Nam Khanh 350.00 24,000.00 23,650.00 0.00 1,000.00 0.00 800.00

Đặng Văn Nàn Nam Khanh 650.00 10,000.00 9,350.00 0.00 300.00 0.00 200.00

Vàng A Cạo Bản Liền 350.00 21,000.00 20,650.00 0.00 400.00 0.00 350.00

Lâm A Liên Bản Liền 550.00 22,000.00 21,450.00 0.00 400.00 0.00 300.00

Vàng A Vưởng Bản Liền 255.50 10,300.00 10,044.50 0.00 400.00 0.00 390.00

57

Appendix 3: Affected Trees and Crops by Households

Ord

er Householders Address

Sinosiderox

ylo (tree)

Apric

ot

(tree)

Pine(tre

e)

Cinnam

on

(tree)

Mỡ

(tre

e)

Pal

m

(tre

e)

beccaur

ea

sapida

(tree)

Tea(m2

)

Cassav

a (m2)

groun

d nut

(m2)

maize

(m2)

Rice

(m2)

I Main structures and

auxiliary 5655 315 201 1316 170 46 2

76

783,00

13

655,00

163,1

3

2

681,60 542,00

1 Lý Văn Củi

Nam

Khanh 1015

2

Phàn Văn

Diệu

Nam

Khanh 21

3 Lý Văn Diệu

Nam

Khanh 81 2 649

4 Lý Văn Hà

Nam

Khanh 110 89 170

5

Trương Văn

Hạnh

Nam

Khanh

6 Lý Thị Hồng

Nam

Khanh 140 10

7

Đặng Văn

Liên

Nam

Khanh 150

8 Bàn Văn Minh Nam

58

Ord

er Householders Address

Sinosiderox

ylo (tree)

Apric

ot

(tree)

Pine(tre

e)

Cinnam

on

(tree)

Mỡ

(tre

e)

Pal

m

(tre

e)

beccaur

ea

sapida

(tree)

Tea(m2

)

Cassav

a (m2)

groun

d nut

(m2)

maize

(m2)

Rice

(m2)

Khanh

9 Đặng Văn Nàn

Nam

Khanh 50 33 10

163,1

3

2

681,60 542,00

10 Lý Văn Nhếch

Nam

Khanh

11 Lý Văn Thêm

Nam

Khanh 66 25

12

Lù Văn

Trường

Nam

Khanh 45

13 Lý Văn Gèng

Nam

Khanh 2 128

14 Lý Văn Bằn

Nam

Khanh 24 13

15 Lý Văn Đệnh

Nam

Khanh 18

16 Lý Văn Sơn

Nam

Khanh 77 180 996,00

17 Lâm Thị Án Bản Liền 168 7 10 1 452,50

59

Ord

er Householders Address

Sinosiderox

ylo (tree)

Apric

ot

(tree)

Pine(tre

e)

Cinnam

on

(tree)

Mỡ

(tre

e)

Pal

m

(tre

e)

beccaur

ea

sapida

(tree)

Tea(m2

)

Cassav

a (m2)

groun

d nut

(m2)

maize

(m2)

Rice

(m2)

18

Vàng A

Đương Bản Liền 250

19 Vàng A Cạo Bản Liền

20 Lâm A Chiu Bản Liền

2

055,50

21

Vàng A

Dương Bản Liền 13 7

3

060,00

22 Lâm A Dũng Bản Liền

1

259,00

23 Lâm A Hội Bản Liền

1

126,00

24 Lâm A Hiệp Bản Liền 30

1

184,00

1

500,00

25 Lâm A Hoan Bản Liền 128 672,00

26

Vàng A

Khuyên Bản Liền 170

2

061,00

27 Vàng A Lương Bản Liền 437

6

650,00

7

124,00

60

Ord

er Householders Address

Sinosiderox

ylo (tree)

Apric

ot

(tree)

Pine(tre

e)

Cinnam

on

(tree)

Mỡ

(tre

e)

Pal

m

(tre

e)

beccaur

ea

sapida

(tree)

Tea(m2

)

Cassav

a (m2)

groun

d nut

(m2)

maize

(m2)

Rice

(m2)

28 Lâm A Liên Bản Liền 11 124 480,00

29 Lâm A Luận Bản Liền

1

860,00

30 Vàng A Mái Bản Liền 335 7 70 100 20

8

407,50

31 Vàng A Minh Bản Liền 120 92 119 10 2

9

158,00

3

975,00

32 Lâm A Ngoan Bản Liền 1072 4 500,00

33 Vàng A Vương Bản Liền

34 Vàng A Vản Bản Liền 40 1

3

390,00

35 Vàng A Vận Bản Liền 34

2

010,00

36 Vàng A Vưởng Bản Liền

37 Vàng A Xuân Bản Liền 1000

26

600,00

38 Vàng A Mạc Bản Liền 40

39 Vàng A Sự Bản Liền 130 5,00

61

Ord

er Householders Address

Sinosiderox

ylo (tree)

Apric

ot

(tree)

Pine(tre

e)

Cinnam

on

(tree)

Mỡ

(tre

e)

Pal

m

(tre

e)

beccaur

ea

sapida

(tree)

Tea(m2

)

Cassav

a (m2)

groun

d nut

(m2)

maize

(m2)

Rice

(m2)

40 Lâm A Xuân

Bản Liền

1

056,00

41 Vàng A Tuấn Bản Liền 15 2 514,00

Total 10655 1315 201 2316 670 46 2

81

783,00

13

655,00

163,1

3

2

681,60

3

902,00

62

Appendix 4. Affected Structures by Households

Order Householders Address Affected area of house

(m2)

affected area of kitchen

(m2)

Other affected structures

(m2)

Total

(m2)

1

Trương Văn

Hạnh

Nam

Khanh 46 0 0 46

2 Lý Văn Hà

Nam

Khanh 380 0 20 400

3 Lý Văn Thêm

Nam

Khanh 380 0 20 400

4 Lâm A Liên Bản Liền 63 0 0 63

Total 869 0 40 909

63

Appendix 5: Minute of Consultative Meeting with Communities

Participants:

a. The World Bank: Ms. Nguyet Anh, Representative of the REDP Project

b. Consultant: Mr – Tran Quy Suu, consultant of EP and RP Preparation

c. Representatives of affected households in the project areas of both Nam Khanh

and Ban Lien Communes (list of affected these participants enclosed)

d. Facilitator: Mr Le Van Dung, Representative of the Nam Khanh Hydropower

Plan PMB

Venue: Ban Lien Commune Head Quarter – Meeting room

Contain of the consultative meeting with the community

The project investor presented the follows:

- Scope of Nam Khanh small hydropower plant construction: powerhouse

capacity 12MW, contributing 35KV to the national power network, annual

average capacity of 46.86 million KWh, the construction is a kind of

hydropower transmission plant, water is saved for operation. water

resources is taken from Nam Phang stream. Dam and the height of the

terrains is abused to exploit energy of the stream. Water is taken through

head race gallery in the mountain with 2,018 metre length. Main

parameters: area of reservoir’s surface MNDBT=707 m equal to 0.88 ha,

gross storage 239.000m3, rated net head: 170m, full supply level, 707 m,

firm powerhouse discharge Qdb85% 1,58m3/s

- The project will partly improve traffic system in the area and facilitate people

communication and encourage production, exchange. Living standards,

therefore, is expected to be increased.

- 43 ha of land will be acquired for components of the project including

productive land and residential land of residents. The negative impacts is

unavoidable problems of any hydropower construction or irrigation works.

Compensation and allowance methods were planned by the construction

holder and local authorities as mitigating measures.

64

- Impacts on environment: air polluted by soil excavation or traffic problems

by materials transpiration, project’s component building (the existing roads

might be broken), stream water polluted by construction disposals and

daily waste of construction staffs, affected the outlook around the

construction area…however, these impacts is temporary and negligible.

Mitigating measures can be effectively applied as the construction period

last for 2 years only at small scale.

- The consultant of EMP presented plan of environment monitoring to

minimize such negative impacts on environment. Construction activities

should obligate to environment requirement, safe construction. The

constructor firms are required to use advance equipments to minimize

impacts on environment in the construction area.

- Opinions of participants:

1. Chairman of the communal People’s Committee

- Transportation roads should be upgraded

- Economic effectiveness should be promoted, and electricity outputs should

be increased

2. Affected households

- The temporary borrowed land should be returned and land quality should

be recovered at the original quality

- Having received compensation for permanent acquired land, affected

people should be allowed to cultivate on the area if the components of

project are not carried out on the land yet. The crops loss wont be

compensated if the project take over the land during pre-harvest period.

- The project was agreed and supported by the local people…………..

- The compensation price as regulations of the government is too low while

local people mainly live on agriculture cultivation

- The hydropower plant should be named after name of Ban Lien village

- The project holder should spray water to reduce suspended sediment

particulate and upgrade broken parts of the access roads

- 30 traditional tea trees were supposed to be compensated at 2.8 million

dong. The compensation pricing unit should be increased as the supposed

price is too low compared to the current price.

65

- Mitigating measures should be applied to prevent

landslide………………..the project holder explained that they have acquired

land and created safe corridor to households

- Tombs have not been found in the project area

- Compensation for trees and crops was calculated but the price is low

- 2 million dong of incentive bonus will be paid to households who timely

hand over their affected land

- The underground water pines do not work as affected by the road

construction . Sediment, mud…stuck in the pines

- The project holder explained: compensation framework have been made

and implemented in compliance with Government regulations, Project

holder will help people to repair the pines.

- -Tea hill, rice field will be damaged by construction workers

- Compensation progress should be promoted to improve people’s living

standards

3. Communal former secretary of Party Division in term 2005 – 2009

- The project is expected to create socio-economic effectiveness.

- Dry and sunny weather – roads should be frequently water to reduce

sediment

- Access roads will be broken by trafficking construction materials, the broken

parts should be repaired

- The project should be supported by local people

- Temporarily borrowed land should be recovered with original quality and

returned to affected people.

4. Chairman of the communal People’s Committee

It is a socio-economic effective project, local people will be beneficiary of the

project

Environment will be impacted by sediment

Transportation, roads will be upgrade to facilitate people’s communication and

improve people’s living standards

66

Proposals agreed in the meeting

- All participants agreed with Nam Khanh hydropower construction plan,

which was presented in the investment planning report. Proposals said in

EMP, EP, RP were actively supported

- Local authorities committed to coordinate closely with project holder on

activities of compensation, and administrative management, impacts on

environment, socio-economic so on are minimized .

- Project holder committed to implement mitigating measures in EMP to

minimize impacts o n environment and livelihood of people in the project

area. Project holder will sent responsible officer to handle with relevant

problems in case residents express any claim on environment situation

during the construction stage of the plant

- The meeting ended at… on the day, this minute were agreed by all

participants without any additional opinions

Verification

On behalf of project holder: Song Da 9 joint stock company

- Mr : Nguyen Gia Hien

- Mr: Phung Huu Tien

- Mr : vu Minh Dan

- Mr : Vu Dan

On behalf of local authorities

- Mr : vang A Duong

- Mr : Vang A Van

- Mr Vang A Su

67

Appendix 6. List of Affected Households Participated in the

Consultative Meetings

68

69

Appendix 7. Survey Form of Scope of Impacts

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

----------------

Nam Khanh, 4th July 2010

1. Representatives of surveyed households

- Mr Tran van Chinh

- Mr Lu Van Truong

- Mr Phun Van Vinh

- Mr Ban Van Tien

- Mr Bui Van Minh

- Mr Dang Van Tinh

- Mr Ly Van Thin

2. Representatives of local authorities

- Mr : Phan Van Dan Position: communal vice-chairman

of Nam Khanh People’s Committee

3. Representative of PMB of Nam Khanh hydropower construction plant

- Mr: Nguyen Gia Hien Position: Director

- Mr: Vu Minh Dung Position: Technical officer

To evaluate the magnitude impacts by Nam Khanh hydropower plant construction

on people in the project area, a team of PMB together with local authorities have

conducted a survey on impacts of water sources, fish catch to households living in

the downstream of the plant. The monitoring team have analysed situations of

parts of the stream. Particularly.

Operation process: water is increased in the main Dam, then flow to spillway ,

running through head race gallery and steal alignment to start turbine generator,

then the water flow is discharged to the downstream of the plant. The process of

increasing water level in the Dam, turbidity is to be settled down and discharged to

70

sand discharge tubes. Water discharged to the downstream from the plant,

therefore, is not turbid. Agriculture and production of people living in the

downstream are not affected.

For fish resources: the area from the upstream upward, the fish resource will not

be affected but increase in varieties and amount as the increased water level in

the reservoir make the stream more stable

The area from the downstream to the powerhouse (nearly 3.4 km) will be affected

in dry season due to decreased water level. However, the affection is trivial. The

terrains of the area is sloping with small streams plus water from the Dam which

help situation to be improved in raining season

The following area of the downstream of the Plant, the water resource is recovered

equally to the pre-period of the construction, so, aquatic habitat is not effected.

Moreover, there is a reservoir of Nam Phang hydropower plant in the downstream

area of Nam Khanh hydropower plant, so aquatic habitat and people’ income will

be hardly affected

Outputs of the survey:

All households acknowledged impacts on their livelihood. However, the impacts on

each households are supposed not serious. And they expected that the project will

improve the living standards of local people with more opportunities and benefits.

All participants agreed with the project.

Representative of local authorities:

Vice-chairman

Pham Van Dan

Representative of PMB of Nam Khanh Hydropower Project

Nguyen Van Hien

71

Appendix 8. Project Information Booklet

PROJECT MANAGEMENT BOARD OF NAM KHANH

HYDROPOWER PLANT

PROJECT INFORMATION BOOKLET

Question 1: What is Nam Khanh hydropower plant construction?

Answer: Nam Khanh hydropower plant construction is planned to be

built in the area of Nam Phang stream in Nam Khanh and Ban Lien

communes (Bac Ha district, Lao Cai province). The construction

includes components of Dam, spill way, reservoir, pressure tubes, power

transmission alignment , power house with machine assemblies, power

capacity 12 KW. It is expected that the project will start machine

assembly 1 in June,2010 and start 3 operators in August, 2010

Question 2: How Nam Khanh hydropower plant construction impacts on

land, productive assets, crops and assets of the local households??

Answer: The plant will causes impacts on land of local households and

the impacts are categorised in two kinds: temporary impacts and

permanently impacts. Land borrowed for construction components is

considered as temporary impacts, the area of land borrowed will be

returned to households as soon as the construction are completed.

Permanent impacts are caused by land acquisition, the area will be

covered and not returned to households as the construction completed

For temporary impacts: Nam khanh hydropower plant construction

impacts on land of 5 households in Nam Khanh and Ban Lien commune.

For permanent impacts: the plant will covered area of 64 households in

the project area, mainly in Ban Lien commune.

Besides impacts on land, Nam Khanh hydropower construction also

causes impacts on crops, trees, and assets on land of affected

households. however, relocation and resettlement is not required.

72

Question 3: How will productive land impacted by the project be

compensated?

Answer: Compensation and allowances made on productive land will

be implemented as the follows:

Compensation paid for temporary affected households: households

whose land are temporarily borrowed for project’s components will be

compensated for pending crops and any damages occurred. The quality

of land will be recovered adequate to the pre-period of construction .

Compensation payment for permanent impacts: :

- The entitled households who are legally cultivating on the affected

cultivation land will be compensated for the acquired area at

replacement cost.

- If the households, individuals are temporary tenants of the affected

area, or if the affected area is under the administrative management

of the communes, compensation will be paid in cash for the inputs,

or for 30% of replacement cost.

- Affected households, individuals who are not legally verified to the

affected cultivation area will be compensated for the inputs or at

60% of replacement cost.

- Households who lost more than 10% of their cultivation will be

compensated with equal area. The acquired land will be

compensated in cash at replacement cost increase land fund is not

available. In addition, each affected household will receive an

allowance of 1.5 million dong at least, local authorities will determine

if the allowance should be paid higher. Besides, these affected

households will be given priorities to participate aid-programs

conducted by the Movement, international agencies. Households

who lost 10%-50% of their productive land will be have a family

member to be assisted in vocational training, 2 family members will

be assisted in vocational training increase 50-70% of their

productive land lost. All family members will be assisted to join

vocational training if 70% or more of their productive land is

acquired.

73

Question 4: How compensation and allowance will be paid for affected

residential land?

Answer: Affected households, individuals whose eligibility of

residential land are verifiable will be compensated 100% value for

their lost at replacement cost; households, individuals are

compensated at 30% value for their lost at replacement cost if their

eligibilities are not defined.

Question 5: How culture structures, tombs on affected area will be

compensated to affected households?

Answer: For culture structures and tombs of affected area:

compensation will be paid in cash at 100% value of replacement cost

for materials and labour. Depreciation or materials collecting are

excluded. Compensation for tombs relocation will cover

expenditures of digging, relocating, purchasing new places, and

relevant expenses implying with local custom.

Question 6: How affected crops, trees will be compensated to households?

Answer: For affected trees: compensation payment will be paid in cash

at current price. Varieties of trees, age, and productive value will be

counted for pricing compensation. Removal expenses will be included in

compensation payment in case displacement of affected trees are

required. Affected crops will be compensated in cash at current price

Question 7: How will impacts on rehabilitation, business, productions

caused by Nam Khanh hydropower construction be compensated??

Answer: Affected owners will be compensated for their impacted

business, damages, and incomes equally to 30% of their average net

income of the last 3 years in the interval period, , the average net

income will be defined by tax offices. For non-registered enterprises,

500.000 dong will be compensated for one time payment to each

household. If affected business man relocate, they will receive relocation

allowances and production means.

74

Question 8: Is there any policy of incentive bonus encouraging voluntary

households who hand over their affected land timely??

Answer: Yes, 2 million dong will be given to affected households as

incentive bonus if they hand over their affected land timely and

voluntarily. Higher payment will be determined by local authorities.

Question 9: What is “replacement cost”?

Answer: “replacement cost” The amount it would cost to replace an

asset at current prices. The unforeseen expense will not cover

depreciation cost of the affected structure or assets. For instance,

replacement cost for an affected area will include current purchase price

(in cash) in the local market, and other potential expense (charge of land

use certification issue, brokerage charge…)

.

Question 10: Every members of the affected villages will receive

compensation and allowance?

Answer: No. households who land, assets, crops, business, factories

are impacted by the plan are entitled people for compensation as

regulation said.

Question 11: What manual or information booklet of Nam Khanh hydropower

plant construction should be delivered to local authorities and residents to

update people with information of compensation, allowances, regulations?

Answer: Local authorities and residents should be provided the 5

following documents:

1. Resettlement framework of compensation, resettlement and

rehabilitation recover for affected people by the renewable

generation power development plan

2. Decree 197/2004/ND-CP issued on December 3, 2004 on

compensation, assistance and resettlement when land is

recovered by the state

3. Decree 69/2009/NĐ-CP issued on 18 August, 2009 by the

Government on supplementing regulations of Land use

75

planning, land pricing, land acquisition, compensation,

allowance, and resettlement

4. Decision 45/QĐ-UBND, on 25 December, 2009 by the

People’s Committee of Lao Cai province on compensation,

allowances, resettlement n Lao Cai province.(and enclosed

appendix of the Decision)

5. Decision 47/2009/QĐ-UBND on 25 December, 2009 by the

People’s Committee of Lao Cai province on amending

regulations of land rent, land allocation, procedures,

transformation of land use purpose, land acquisition and

issuing land use certification which presented in Decision

56/2008/QĐ-UBND dated 29 January, 2008, in Lao Cai

Question 12: How will the affected people participate in the activities of

compensation, rehabilitation? How will they be consulted about the plan?

Answer: The management unit of Nam Khanh hydropower plant

construction is responsible for updating local people with information of

the project (construction scope, impact magnitude, policy of

compensation and allowance, implementation plan of compensation and

allowance; grievance redress mechanism), local authorities, leaders of

communes and villages, civil social organisations, local people and

affected households will participate in process of monitoring, detailed

inventory, compensation payment, allowance, grievance redress,

evaluation…the Project Management Unit will frequently conduct

consultative meeting with authorities of communes, villages, and

affected households to discuss and hand out unforeseen problems.

Information of impact magnitude on each households, compensation

methods, allowances, plans, compensation budget will be disseminated

in public at Communal People’s Committee, house of village leaders,

community house… and other common area.

Question 13: How Nam Khanh hydropower plant causes positive impacts

(good sites) and negative impacts (bad sites) to residents?

76

Answer: Nam Khanh hydropower plant construction will cause 5

positive impacts and 4 negative impacts to the local communities,

particularly:

Positive impacts: 1. the operation roads will be upgraded and traffic

condition will be more comfortable for residents and pupils (easier

transportation, shorter distance to communal central and district central);

2. Some adjacent households to the administration house of PMB are

not required to pay for their electricity consumption. 3. More employment

opportunities for residents (some people would be sent to be trained as

operators, some other would be employed for manual works); 4. PMB

and officers are strengthening relationship with residents (meeting with

civil social organisations, supporting local movements, contributing

materials to some activities such as school building, road

construction…) and 5. The hydropower plant construction will create

facilitation of communication with neighbour areas.

Negative impacts: 1. traditional custom, culture, habits of local people

(including Tay people, Nung people and Dao people) will be impacted,

social civils will be impacted in .the huge number of construction

workers and immigrated people gather in the communities for long time

(about 350 workers occupying the area for 24 months); social evils,

therefore, are high risks to the community; 2. Machines gathering (about

30 kinds of machines) will impact on traffic, safe transportation of

people and their production. Land acquisition impacts on livelihood,

production of some households, and 4. the project will cause impacts on

activities of fish catch habits of some villages in downstream area of the

construction (about 100 households).

Question 14: What are mitigating measures Nam Khanh hydropower plant

are implementing or suppose to implement to minimize negative impacts

and maximise advantages??

Answer: To provide good advantages to the community, PMB of

Nam Khanh hydropower plant will frequently carry out activities of

maintaining, upgrading the operation roads to provide people with

easy transportation. The PMB will also continue and develop

77

relationship with local people as well as support movements and

activities of the community.

To minimize negative impacts on the community: the PMB of Nam

Khanh hydropower construction will provide workers with education,

regulation. Construction firms, police of district and communes will

coordinate to control potential social evils. PMB of Nam Khanh

hydropower construction will coordinate with Women Union of Bac

Ha district to plan and conduct promulgation programs of HIV/AIDS,

infectious diseases, women trafficking, For now, PMB of Nam Khanh

hydropower construction are arranging reasonable areas for

gathering machines to minimize impacts on traffic, environment,

transportation and production activities of people. Compensation

payment implying with framework of renewable generation

development project is also considered as an effective mitigation

methods. The PMB will continue discussing and consulting with

villages where fish catch and livelihood are able to be impacted, to

reach agreement of mitigating measurement..

Question 15: Who will the affected households meet and express their

grievance of compensation and allowance?

Answer: if affected people want to express their grievances, they

should follow the below steps:

Step 1:

- Individual or households disagree with the policy of

compensation, rehabilitation, resettlement or any other

relevants, they would submit their complaints to the communal

chairman of Nam Khanh or Ban Lien in writting or in verbal. The

communal chairman will resolve a complaint within a time limit

of 15 days

Step 2:

In case, the agreement and conciliation are not obtained or the

affected people don’t receive any response within a time limit of 15

days as from the date of receipt of the complaint, the affected people

will have right to lodge a further complaint with the DPC of Bac Ha.

Where the complaints will be resolved within 30 days from the date of

receipt of such grievance.

78

Step 3:

Where a complainant does not receive reply or disagrees with the

decision on resolution by the DPC within 30 days, they will have right

to lodge their further complaints to Lao Cai Provincial People

Committee

Step 4:

If the complainants are not replied or not satisfied with the answers

within 30 days sinces the date of complaints receipt, they will have

right to made their grievances to the administrative Court of Bac Ha

district

The complainant can meet up with PMB of Nam Khanh hydropower

plant construction to have further information while waiting for reply

and resolution from the responsible agencies. The contact number of

PMB of Nam Khanh hydropower construction is 020.353.5949. Local

people can require legal assistance from NGOs in the local area.