resettlement plan (rp)

VIETNAM ELECTRICITY -- -- -. - - - - .- - - -

SOUTHERN POWER PROJECT MANAGEMENT BOARD

VOL. 1 1

SECOND TRANSMISSION AND DlSTRlBUTlQN PROJECT - CREDIT 4107-~hl,

SUB-PROJECT:

TAN DINH - UYEN HUNG 220KV TRAN&IS&ON LINE

Code: 36010

\ 0. '2. I

RESETTLEMENT PLAN (RP) y \

March, 2009.

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VIETNAM ELECTRICITY

SOUTHERN POWER PROJECT MANAGEMENT BOARD

SECOND TRANSMISSION AND DISTRIBUTION PROJECT - CREDIT 4107-VN

SUB-PRO JECT:

TAN DINH - UYEN HUNG 220KV TRANSMISSION LINE

Code: 36010

RESETTLEMENT PLAN (RP)

Head of E&C Department : Duong Thi Thanh Truc Members

L : Le Thi Ngoc Xuan ---~.LLE Dinh Ba Phu

HCM City, ~ a d n o i h , ~ POWER ENGINEERING CONSULTING

JOINT STOCK COMPANY 3

GENERAL DIRECTOR

*no*fm 36 CONSULTING

TD2 project - Credit 4107-VN Resettlement plan Tan Dinh - Uyen Hung 220kV transmission line

ABBREVIATIONS

CRC

DMS

DOC

DOF

DO1

DONRE

DP

EMDP

EMP

EVN

GOV

HH

NGO

OP 4.12

PC

PECC3

PMB

PPC

RP

ROW

TD2

SPPMB

TOR

VND

WB

: Compensation and resettlement committee

: Detailed measurement survey

: Department of construction

: Department of finance

: Department of industry

: Department of natural resources and environment

: Displaced person

: Ethnic minority development plan

: Environmental management plan

: Vietnam Electricity

: Government of Viet Nam

: Household

: Non-government

: World Bank's operation policy 4.12

: People's committee

: Power Engineering Consulting Joint Stock Company 3

: Project management board

: Provincial People's Committee

: Resettlement plan

: Right of way

: Second Transmission and Distribution project

: Southern Power Project Management Board

: Terrns of reference

: Vietnamese Dong

: World Bank

TD2 project . Credit 4 107-VN Resettlement plan

Tan Dinh . Uyen Hung 220kV transmission line

TABLE OF CONTENTS

EXECUTIVE SUMMARY ......................................................................... 6

INTRODUCTION ..................................................................................... 16

.................................................... 1.1 Project ownership and organization 16

.......................................................... 1.2 Objectives and scope of project 16

........................................................................ 1.3 Objective of the report 17 . .

1.4 Overall project description ................................................................ 17

............................... INSTITUTIONAL AND LEGAL FRAME WORK 19

2.1 Institutional framework ............................................................................ 19

....................................................................................... 2.2 Legal Framework 23

............................. 2.3 Definition of eligibility and limitation of eligibility 29

............................................. 2.4 Resettlement and compensation principles 29

................................................................................ 2.5 Compensation policy 3 0

....................................................................... ENTITLEMENT POLICY 32

....................................................................................... 3.1 Impact categories 32

.................................................................................................. 3.2 Entitlement 33

RESETTLEMENT .................................................................................... 37

4.1 Measures to minimize land acquisition ................................................... 37

4.2 Agreement of the line route ...................................................................... 38

....................................................................................... 4.3 Resettlement area 38

PEOPLE'S PARTICIPATION ................................................................ 39

5.1 Community meetings ................................................................................ 39

.......... 5.2 Objectives of information campaign and consultation program 41

5.3 Phase 1 . Information campaign. DPs and agency consultation during resettlement planning and RP preparation .............................................. 4.1

5.4 Phase 2 . Information campaign and consultation during resettlement implementation ........................................................................................... 42

5.5 Resettlement Information Booklet (RIB) ............................................... 43

SOCIO-ECONOMIC STATUS OF THE PROJECT AREA .............. 45

6.1 Economy ..................................................................................................... 45

6.2 Census and inventory ................................................................................ 46

PROJECT IMPACTS ............................................................................... 49

...................................................................................... 7.1 Displaced persons 50

TD2 project . Credit 4 107-VN Resettlement plan Tan Dinh . Uyen Hung 220kV transmission line

7.2 Project impacted assets ............................................................................. 53

.......................................... 8 . IMPLEMENTATION ARRANGEMENTS 6 0

............................................... 8.1 Measures for the project implementation 60

......................................................................................... 8.2 Essential actions 60

.......................................................................... 8.3 Implementation schedule 61

............................................................... 8.4 Staffing for RP implementation 62

.......................................................................... 8.5 Grievance and complaint 63 . . . . ...................................................................... 8.6 Monitoring and supervision 65

9 . COSTS AND BUDGETS .......................................................................... 67

9.1 Budgets ....................................................................................................... 67

............................................ 9.2 Basis of calculations of compensation cost 67

.......................................................................... 9.3 Compensation unit prices 67

.......................................... 9.4 Total estimated cost for RP implementation 71

10 . DISCLOSURE ........................................................................................... 79

TD2 project - Credit 4 107-VN Resettlement plan Tan Dinh - Uyen Hung 220kV transmission line

LIST OF TABLES

Table 3- 1

Table 5-1

Table 7-1

Table 7-2

Table 7-3

Table 7-4

Table 7-5

Table 7-6

Table 7-7

Table 7-8

Table 7-9

Table 8-1

Table 8-2

Table 9- 1

Table 9-2

Table 9-3

Table 9-4

Table 9-5

Table 9-6

Table 9-7

Table 9-8

Compensation entitlement by categories

Public consultation

Number of individual DPs

Number of institutional DPs

Number of DPs by impact categories

Total DPs by impact categories - locality distribution

Productive land lost

Crops and trees lost

Land affected in ROW

Houses/factory affected in ROW

Structures/facilities affected in ROW

Staffing for RP implementation

Number of proposed trainees

Compensation unit prices for houses

Compensation unit prices for land

Compensation unit prices for trees and crops

Cost of compensation and rehabilitation - Phu Chanh commune

Cost of compensation and rehabilitation - Tan Hiep commune

Cost of compensation and rehabilitation - Uyen Hung town

Summary of compensation and rehabilitation

Total cost of RP implementation


LIST OF FIGURES

Figure 2- 1 RIP implementation organizational chart

Figure 8-1 Grievance redress administrative and juridical structures available to DPs

APPENDICES

1. Map of proj ect area

2. Policy framework for compensation, resettlement and rehabilitation of project affected persons

3. Entitlement matrix

4. Agreements on route of the line

5. Minutes of community meetings

6. Sample of 'Questionnaires'

7. Samples of 'Pamphlet'

8. Housing categories defined in the Vietnamese construction standards

9. Socio-economic household data sheet

10. Inventory of proj ect affected households

1 1. Details of entitlement of DPs


0. EXECUTIVE SUMMARY

0.1 INTRODUCTION

0.11 Project ownership and organization

- Investor: Vietnam Electricity (EVN)

- Management: Southern Power Project Management Board (SPPMB)

- Consulting agencies: Power Engineering Consulting Joint Stock Company 3

0.1.2 Objectives and scope of project

"Tan Dinh - Uyen Hung 220kV transmission line" project is proposed to be built to transmit a part of capacity from Tan Dinh 500kV substation to additional charges in Tan Uyen district by a new tranmission line 220kV (double-circuit) supplying power for Uyen Hung 220kV substation.

Scope of the project is as follows:

(1) For the tranmission line:

- Construction and installation of the line 220kV (double circuit): 8.339km in length.

- Construction and installation of the line with double circuit 220kV and double circuit 1 lOkV: 7.755km in length (installing double circuit 220kV in the first phase).

(2) For the bav 220kV from Tan Dinh 500kV substation to Uyen Hung 220kV substation:

- Adding 2 bays 220kV F14 and F 15 at yard 220kV of the Tan Dinh 500kV substation in order to supply power for 2 transmission lines to the Uyen Hung 220kV substation.

- Upgrading eixting control system to control, measure and supervise 2 bays 220kV to the Uyen Hung 220kV substation.

The project goes through Phu Chanh commune of Thu Dau Mot township, Tan Hiep commune and Uyen Hung town of Tan Uyen district, Binh Duong province.

Pls. see Appendix 1 for Map of the line route.

SPPMB has entered contracts with the Consultant for the establishment of the Construction Investment Project (Feasible Study), EMP and RP for sub- projects of the TD2 project in the southern provinces of Vietnam.

0.1.3 Objectives of the RP

The overall objective of the Resettlement Plan is to define resettlement and compensation programs for the project in such a way as to limit as much as possible the number of project affected persons and their affected properties and to ensure that all DPs shall be compensated for their losses at replacement

TD2 project - Credit 4 107-VN Iiesettlen~ent plan Tan Dinh - [,'yen Hung 220kV transmission line

-. .....-.-....-.--...p..-----...--.--- .. ~..

cost and will be provided with rehabilitation measures to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity.

The RP preparation has been carried out with consultation and participation of DPs and local authorities in -the project areas.

0.2 INSTITUTIONAL AND LEGAL FRAMEWORK

0.2.1 Institutional framework

The overall responsibility for enforcement of the Policy Framework and for planning and implementing this RP's rests with EVN, SPPMB and the People's Committees of the project related cities/provinces and their relevant institutions (i.e. city/provincial and District CRCs, city/provincial DOFs, DOCS. DOIs, ...).

PMB and its consultant are responsible for carrying out census, socio- economic survey and inventories and preparing RP and for the day-to-day implementation thereof within their respective jurisdiction.

The project related District and Commune People's Committees will participate in the RP preparation and implementation.

0.2.2 Legal framework

All GOV policies and WB policies related to land acquisition, compensation and resettlement (OP 4.12) are applied for this RP. Where GOV and WB policies are not compatible, the WB's OP 4.12 shall prevail with certain required waivers.

Please refer to Policy Framework of the TD2 project, it had been approved by GOV authorized agency.

0.2.3 Definition of eligibility and limitation to eligibility

The cut-off date of this RP has been fixed at the day of the inventory completion of DMS (proposed as May 30th, 2009) and will be proclaimed by local authorities.

Displaced Person (DP) is individual, firm or institution with or without land registration papers who owned, rented or used land, properties and business which are affected by the project:

All DPs will be entitled to full compensation for their respective losses as long as they are included in the DP inventory list or can prove that they used the affected items before the cut-off day. The same applies to DPs whose incomes are affected by the project.

Encroachers who settled into the proposed affected areas after the cut-off date will not be considered as DPs therefore having no entitlement to compensation and resettlement.

0.2.4 Compensation policy


Compensation for crops will be provided at market price. Compensation for land, houses, buildings, trees and other assets will be provided at the replacement cost.

Compensation for land losses:

- Compensation for productive land losses (less than 20% of total land DPs' holdings) will be provided at the replacement cost for the equivalent area and all other losses will be provided in cash.

- Compensation for productive land losses (more than 20% of total DPs' land holdings) will be provided in terms of land for land at the equivalent area and quality of land acquired by the project or in cash at replacement cost according to DPs' options.

Compensation for houses, buildings and trees will-be provided in cash at the replacement costs.

0.3 ENTITLEMENT POLICY

This RP has been prepared on the basis of the OP 4.12 of the WB on involuntary resettlement adopted in the Policy Framework. The principle objective of the Policy Framework is to ensure that all DPs will be compensated for their losses at replacement cost and provided with rehabilitation measures to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity.

The Policy Framework lays down the principles and objectives, eligibility criteria of DP's, entitlements, legal and institutional fkamework, modes of compensation and rehabilitation, peoples participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DP's.

Apart from direct compensation, all DPs will be entitled to (i) transport allowance; (ii) allowance for production and rehabilitation; (iii) timely movement incentive or other restoration measures (GOV Decree No. 197/2004/ND-CP and current decisions of Binh Duong PPC).

(Pls. see Appendix 3 for the Entitlement Matrix).

0.4 RESETTLEMENT SITE

Socio-economic survey, inventory and census (Feb., 2008) show that:

(i) No HH be relocated by the project. There are about 18 HHs with houses/animal pens in ROW of the line, they will be be supported cost of installing fireproof materials and lightning arrestors and improvement.

(ii) There are about 43 HHs and 5 enterprises be permanently land required (less than 20% of their landholding) for tower foundations of the line, but required land area is small.

Hence, the project does not need to set up resettlement area.

0.5 PEOPLE'S PARTICIPATION


The consultation with DPs in getting their feedback will limit contradiction and avoid delays in project implementation. The RP is developed in close consultation with local authorities and DPs in order to maximize their participation in resettlement planning and implementing and the socio- economic benefits of DPs to the project.

Local authorities and DPs were consulted through line alignments, drafts of resettlement policy, RP implementation, grievance mechanism and monitoring and evaluation on the restoration of DPs7 livelihoods after the project implementation. (Pls. see Appendix 5 for Minutes of Community Meetings and Appendix 7 for Pamphlets).

0.6 SOCIO-ECONOMIC STATUS OF THE PROJECT AREA

From 25/02/2008 to 29/02/2008, PECC3 carried out a socio-economic survey in project area to define the characteristic of impacted community, evaluate on the population, housing status, main economic activities, living standards of DPs etc.

Results of the survey show that income of local inhabitants is mainly from farming and wage-earning (51.14%), small scale industry (35.94%), small business and others.

Facilities of households in the project area is as follows:

- DPs use power: 97.55%.

- DPs use well-water: 100%.

- DPs have telephones: 44.49%.

- DPs have TVs: 88.63%.

- DPs have refrigerators: 24.49%.

- DPs have motor bikes: 97.96%.

0.7 PROJECT JMPACTS

0.7.1 Project affected people and enterprise

Results of the socio-economic surveys and census (Feb., 2008) show that:

C a t e g o r i e s 1 AH I Enterprise 1 1 1. DP has trees, crops, which are damaged by the project 1 101

2. DP has land in ROW and be affected during

1 construction period

1 3. DP has house/factory/structure in ROW 1 I 1 4. DP has houses/factory/structures, which are p a r t i a l l y I Nil 1 Nil ~ 1 damaged or cut, and the damaged portion will not affect to 1 I I

Lthe safety or using purpose of the entire house or structure 1 I


1 C a t e g o r i e s / HH / Enterprise I (the dismantled areas are 520% of total areas), and the

lost house/factory/structure portion could be rebuilt in

I adjacent areas already owned by the DP. 1 1 I 5. DP has house/factory/structure, which are partially or

totally damaged, and the damaged portion will affect to

the safety or using purpose of the entire house/factory/

structure (the dismantled areas are more than 20% of total

areas or even less than 20% of total area, but the

remaining area can not be used or inconvenient for using),

( so the house need to be totally removed and rebuild in-

remaining adjacent areas already owned by the DP

6. DP has houses/factory/structure, which are partially or

totally damaged, and the damaged portion will affect to

the safety or using purpose of the entire house/factory/

structure, so the house/factory/structure need to be totally

removed and rebuild. But DP does not have sufficient

spare residential land for the reconstruction of a house of

equal dimensions as the house lost. The threshold of

Nil

Nil

Nil

Nil

1 sufficient residential land is at 100 m2 for rural areas. I 1 I 1 7. DP has land which will be acquired permanently for the

1 project: I I I (a) Acquired productive land area is more than 20% of

total productive land DPs7 holdings.

Nil Nil ~ I (b) Acquired productive land area is less than 20% of

total productive land DPs' holdings.

I (c) The remaining residential-garden landspecific use 1 Nil 1 Nil 1

land area is equal or more than 100m2 (in rural areas) I I

land area is less than 100 m2 (in rural areas)

(d) The remaining residential-garden landspecific use

1 8. DP impacted permanently or temporarily on business 1 Nil 1 Nil 1

Nil

I HH/enterprise may fall into more than I impact category.

Nil

or other services. l

m:


0.7.2 Project impacted assets

The project will impact on:

- Land acquisition for tower foundations.

- Trees, crops in the proposed tower foundation areas.

- High trees in ROW and high trees adjacent to ROWS but could touch the conductors in case of fallen will be cut.

- Houses/structures within ROW of the line.

- Productive land is temporarily acquired in the period of the construction.

- Trees, crops within ROW of the line during the construction period.

Results of the survey show that:

Permanent land acquisition:

- Annual trees land (paddylcrops):

Individual 2,095 rn2

Institutional 0 rn2

- Perennial tree land:

Individual 3,611 rn2

Institutional 107 m2

- Production forest land:

Individual 331 m2


- Other land: 1,105 m2

Total permanent land acquisition: 7,249 rn2

Impacted trees and crops:

- Crops lost:

Individual 2,095 m2

Institutional 0 m2

- Trees lost (including trees in ROW be chop down due to the height over 4m) :

Individual 54,7 13 trees

Institutional 857 trees

Permanently impacted houses, structures and facilities

Nil.

Land in ROW:

- Residential land:

TD2 project - Credit 4 107-VN Resettlement plan

Tan Dinh - Uyen Hung 220kV transmission line

Individual 2,610 m2

Institutional 0 m2


Individual 94,832 m2

Institutional 0 m2



Institutional 2,703 m2




- specific use land:

Individual 0 m2

Institutional 148,225 m2 (land for factory housing/ structures, included vacant land of some enterprises)

371,809 m2

Crops in ROW affected during the construction phase:

- Crops lost:


Institutional 0 m2

Houses and structures in ROW

- Houses cat.3

Individual 1 house

Institutional 0 house

- Houses cat.4

Individual

Institutional

15 houses

5 houses (factories of 2 enterprises)

- Houses cat.temporary

Individual 94 m2

Institutional 0 m2

- Animal pen

Individual 375 m2

Institutional 0 m2

T D 2 project - Credit 4 107-VS Resettlement plan

'ran Dinh - Uyen Hung 220kV transm~ssion line . - - - . -- --- - - --- - -- - . - - - - - .- -- -- - - - - - - - - - - - -

0.7.3 Mitigation measures

Thanks to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related offices, the project impacts are almost marginal.

0.8 IMPLEMENTATION ARRANGEMENTS

0.8.1 Implementation schedule

Right after the investment for the project is approved, DPs in the project affected areas will be informed, again, of their rights, policy of this RP, including legal framework, eligibility provisions, entitlements, rates and mode of compensation1 assistance, implementation time-schedule and complaint and grievance rights mechanism. Such information will be delivered to DPs through community meetings, pamphlets ... Schedule for PMB and CRC:

1. Establishment of Project CRC Feb., 2009

2. Review and approval of ARP by EVNISPPMB Mar., 2009

3. Review and clear of ARP by the WB Apr., 2009

4. Negotiation (GOV and WB) Apr., 2009

5. Effectiveness Apr., 2009

6. Commencement of public information Apr., 2009

7. Commencement of field works (DMS) May, 2009

8. Commencement of payment of compensation Jun., 2009

Schedule for DPs :

9. Commencement of declaration of quantity and May, 2009 status of properties

10. Commencement of receiving compensation and clearance Jun., 2009

0.8.2 Institutional arrangements

Southern Power Project Management Board, assigned by EVN, is responsible for all of operations on investment guidelines, investigation and design, project construction as well as supervision of compensation and resettlement of the project. PMB will directly guiding the whole implementing process of the project including RP implementation. It will be assisted by cylprovincial, district and commune authorities and all relevant institutions. (Pls. see Figure 2- 1 for Implementation Organization Chart).

0.8.3 Complaint and grievances

During the project implementation, DP's complaints and grievances will be dealt with according to the Vietnamese laws and regulations. DPs raising coinplaints will be treated fairly and guided by related agencies on the

- - -. - - - . . --

PECC? 13


procedures and formalities for lodging their complaints of RP with all administrative fees exempted throughout such process. There are 4 steps of complaint lodging for DPs i.e. Commune level, District level, Provincial level and, in extreme cases, the DPs can bring the issues to Court by using the Bureau of Law Consultants, free of charge.

(Pls. see Figure 8-1 for Grievance Redress Administrative and Juridical Structures Available to DPs)

0.8.4 Supervision, monitoring and evaluation

The implementation of W shall be constantly supervised and monitored by PMB and local People's Committees. Moreover, an independent external monitoring agency will be entrusted with independent monitoring tasks. Such independent external monitoring agency will be selected and contracted by PMB right after RP approval and will commence their supervision and monitoring activities from .the beginning of the RP implementation.

The result of selection of independent monitoring agency will be submitted to the WB for its concurrence.

0.9 COSTS AND BUDGET

Estimated cost for RP implementation:

Notes Overall budget for this RP implementation is from the counterpart: EWISPPMB.

Components

1. Implementation stage - DMS

2. Compensation and rehabilitation

Compensation - Permanent impact

Compensation for land

Compensation for crops and trees

Compensation - Temporay impact


Compensation for crops and bees

Allowances

Subsidy for installing fireproof materials and lightning arrestors

Subsidy for house/structure improvement

Sub-total 2

3. Cost for CRC = 2%*(1+2)

4. Trainings, workshop, information campaign etc.

5. External monitoring

6. Contingency for slippage of land prices (150%/year) x 2 years

7. Contingency = 5%*(1+2+3+4+5+6)

Total (1+2+3+4+5+6+7)

Amount (VND)

203,300,000

5,102,981,268

6,553,788,168

0

2 16,843,000

22,000,000

492,450,000

12,388,062,436 251,827,249 10,000,000

50,000,000 15,308,943,804

1,410,606,674 29,622,740,163

TD2 project -- Credit 4 107-VY Resettlement plan Tan Dinh Lyen Hung 220kV transmission line

.... _. . _ _ __ ~ . - -.

0.10 DISCLOSURE

After cleared by EVN and WB, the RP of the project will be disclosed at locality and at Vietnam Development and Information Center (VDIC) of the World Bank office in Hanoi (Apr., 2009 as proposed).


1. INTRODUCTION

1.1 Project ownership and organization

- Investor: Vietnam Electricity (EVN)

- Management: Southern Power Project Management Board

- Consulting agencies: Power Engineering Consulting Joint Stock Company 3

1.2 Objectives and scope of project

"Tan Dinh - Uyen Hung 220kV transmission line" project is proposed to be built to transmit a part of capacity from Tan Dinh 500kV substation to additional charges in Tan Uyen district by a new tranmission line 220kV (double-circuit) supplying power for Uyen Hung 220kV substation.

Scope of the project is as follows:

(1) For the tranmission line:

- Construction and installation of the line 220kV (double circuit): 8.339km in length.

- Construction and installation of the line with double circuit 220kV and double circuit 1 lOkV: 7.755km in length (installing double circuit 220kV in the first phase).

Voltage level : 220kV and 1 lOkV;

Number of circuit : + double circuit 220kV;

+ combined 4 circuit: double circuit 220kV and double circuit 1 1 OkV (installing double circuit 220kV in the first phase);

Starting point : busbar 220kV of existing Tan Dinh 500kV substation;

Ending point : busbar 220kV of Uyen Hung 220kV substation;

Length : total length is 16.094km. In which:

+ Section 220kV: 8.339km;

+ Section 1 lOkV and 220kV going together: 7.755km.

(2) For the bay 220kV from Tan Dinh 500kV substation to Uyen Hung 220kV substation:

- Adding 2 bays 220kV F14 and F15 at yard 220kV of the Tan Dinh 500kV substation in order to supply power for 2 transmission lines to the Uyen Hung 220kV substation.

Upgrading eixting control system to control, measure and supervise 2 bays 220kV to the Uyen Hung 220kV substation.

The project goes through communes and town:


Table 1-1 Statistics of areas the transmission line going through

(Pls. see Appendix 1 for Map of the line route).

Implementing the project components, land acquisition will be required for tower foundations and ROW. However, the construction of the project will not cause a large scale of land acquisition and resettlement.

No.

1

1.3 Objective of the report

Province

Binh Duong

The transmission line

The overall objective of the Resettlement Plan is to define resettlement and compensation programs for the project in such a way as to limit as much as

District

Thu Dau Mot township

---- Tan Uyen district

possible the number of project affected persons and their affected properties and to ensure that all DPs shall be compensated for their losses at replacement cost and will be provided with rehabilitation measures to assist them to

Commune

Phu Chanh

Sub-total 1

improve, or at least maintain, their pre-project living standards and income earning capacity.

Length (m)

4,175

4,175

The RP preparation has been carried out with consultation and participation of DPs and local authorities in the project areas.

Tan Hiep

Uyen Hung town

Sub-total 2

Total

1.4 Overall project description

1.4.1 For the transmission line

- Voltage level : 220kV and 1lOkV;

- Number of circuit : + double circuit 220kV;

+ combined 4 circuit: double circuit 220kV and double circuit 1 1 OkV (installing double circuit 220kV in the first phase);

- Conductor: ACSR 40015 1 ;

- Earth wire: PHLOX 1 16 and OPGW 90;

- Optical ground wire: non-metallic with 24 fibres;

- Insulator : suspended insulator, manufactured based on standard IEC;

- Tower : Galvanized steel tower with hot-dip method;

- Foundation : Reinforced concrete;


- Earthing: Radial form with galvanized steel wire.

1.4.2 For the bay 220kV from Tan Dinh 500kV substation to Uyen Hung 220kV substation

- Equipping completely equipments such as circuit breaker, disconnector, current transformer, voltage transformer, post insulator and auxiliary materials for 2 bays 220kV F 14 and F 15 at Tan Dinh 500kV substation.

- Supplementing internal road system, sewage system for the substation.


2. INSTITUTIONAL AND LEGAL FRAME WORK

2.1 Institutional framework

2.1.1 Overall responsibility - The overall responsibility for enforcement of the Policy Framework and for

planning and implementing this RP's rests with SPPMB belongs to EVN and the People's Committee of Binh Duong province and their relevant Institutions (i.e. Provincial and District CRCs, provincial DOF, DOC, DOI, DONRE, etc.).

- SPPMB and Consultant are responsible for carrying out census, socio- economic surveys and inventories and preparing RP and for the day-to-day implementation thereof within their respective jurisdiction.

- The related District and Commune People's Committees will participate in the RP preparation and implementation.

- These administrative units will also ensure the active and effective participation of the DPs in the RP preparation and implementation. In order to have RP acceptable to the WB and to implement RP smoothly, SPPMB is responsible for (i) hiring qualified consultants to prepare RP; (ii) appointing qualified social safeguard staff at SPPMB.

- Funds for implementing RP will be from counterpart funds of EVNISPPMB.

2.1.2 Detail responsibility

Vietnam Electricitv (EVN)

EVN is the owner of the project and is responsible for managing and organizing of investigation, design, budget arrangement, funding and supervision for RP implementation.

Southern Power Project Manapement Board (SPPMB)

SPPMB is responsible for the implementation of RP, including impact survey, delivery of entitlements, carry out for the restoration program, redressal of complaints, internal monitoring. Main tasks of SPPMB will be:

- Establish master plan, management and supervision of RP implementation.

- Responsible for organizing information dissemination/disclosure, public meetings: disclosing RP to all relevant local authorities, RCC, disseminating DMS and Entitlement forms to all DPs.

- , Organizingtraining for survey team to carry out the Detail Measurement Survey (DMS) and RP implementation.

- Supervision/monitor for compensation payment, land acquisition and land clearance.


- Report the RP implementation progress and land clearance work to WB and EVN.

Provincial People's Committees (PPC)

- PPC is responsible for clearly direct1 demarcate the responsibilities for their relevant institutions in implementing RP.

- Approve the compensation unit costs, allowances and establishing compensation committees at all different administrative levels and approve lands for compensation.

- Redress complaints and grievances.

RP Related Provincial Departments

The Provincial DOF is responsible for studying -and issuing unit prices of compensation and submitting to PPC for approval. Right fiom the initial stage of the RP implementation, the DOF will closely co-ordinate with DOC, DONRE, District People's Committees and independent external monitoring agency in order to evaluate the applicable unit prices in RP and propose to PPC for approval and ensuring the compensation unit prices to be at the replacement value at the time of compensation payment.

Provincial Compensation and Resettlement Committee (CRC)

The Provincial CRC is responsible for implementing RP according to the approved Schedule. The Provincial CRC will be headed by the Vice Chairmen of the Provincial People's Committee. The Provincial CRC is responsible for:

- Assisting PMB and District CRC in preparing detailed plans for compensation and resettlement.

- Checking all inventory of impacts and detailed implementation plans submitted by District CRC. Approving the implementation plans submitted by the District CRC.

- Solving complaints if the redressal is fail at the district level.

The Provincial CRC will consist the representatives of:

- Department of Finance

- Department of Construction

- Department of Natural Resources and Environment

- Chairmen of People's Committees of related district

- Representative of SPPMB.

Districts People's Committees

The District People's Committee is responsible for guiding the compensation and resettlement activities in their respective district areas:

- Direct the relevant institutions for carrying out impact survey; public consultation, information dissemination on the resettlement policy and RP irnpIementation.

TD2 project - Credit 4 107-VN Tan Dinh - Uven Hung 220kV transmission line

Resettlement plan

- Establishment of District CRC.

- Responsible for settling complaints of DPs at district levels.

District Com~ensation/Resettlement Committees

The District CRC is principal institutions responsible for the implementation of RP in their respective district areas. The District CRC recruit experienced personnel for gathering of base-line information and inventory. The District CRC is responsible for:

- Organizing the survey team to carry out Detailed Measurement Survey (DMS) for affected houses and assets; finalizing DMS and Entitlement forms for each DP.

- Checking the unit prices of compensation as applied in RP, suggesting for the adjustment of the unit prices in conformation with market priceslreplacement costs (if required).

- In co-ordination with PMB, organizing the meetings with DPs, communes, disseminate the RIB, DMS and entitlement forms to DPs.

- Based on the policy and approved process in RP, preparing the detailed implementation plan (quarterly, semi-annual, annual plans) and the together with PMB pay entitlements to DPs in a timely manner.

- Settling the complaints and grievances of DPs, solving any difficulties during the implementation period.

The District CRC will be headed by the Vice Chairmen of the District People's Committee. The District CRC will consist of the following representatives:

- Department of Finance

- Department Natural Resources and Environment

- Department of Industry

- SPPMB

- Affected communes

- DPs

Commune Peo~le's Committees

People's Committees of communes will be responsible for:

- Contributing to census and inventory surveys.

- In co-ordination with District CRC for public meetings, information dissemination, compensationlallowance payment to DPs.

- Transferring all feedback by DPs to District CRC and settle .the complaints at the communal level. Suggesting the solutions for the outstanding issues (if any).


- Assisting local people in overcoming the difficulties during the construction period, assist DPs in repairing of affected houses. Arranging land in the case DPs require compensation by land for land.

Displaced Persons (DPs)

DPs are ready with their necessary RP related papers i.e. LURC, ownership of other assets.

DPs are responsible for carefully checking on their lost assets and respective entitlements and clear land in a timely manner once DPs receive full entitlements.

(Pls. see Figure 2-1 for RP Implementation Institutional Organization Chart)


Figure 2-1 RP implementation organizational chart

Provincial

Committee

Independent External Monitoring Agency

2.2 Legal Framework

2.2.1 World Bank's policies

The legal framework governing the implementation of this Policy framework and the Inventories and RP is OP 4.12 on Involuntary Resettlement of .the World Bank.

Involuntary resettlement (OP 4.12)

The primary objective of the World Bank policy is to explore all alternatives to avoid or at least minimize involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that prevailed prior to the Project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, or access to them, and the loss of income sources or other means of livelihood.

According to the OP 4.12 on involuntary resettlement, DPs shall be compensated and assisted in such a way as to warrant the improvement or at least the maintenance of pre-project living standard condition.

Measures required to ensure that resettlement has a positive outcome include:

(a) Consulting with potential project-affected people on feasible measures


for resettlement and rehabilitation;

(b) Providing DPs with options for resettlement and rehabilitation;

(c) Enabling their participation in planning and selecting these options;

(d) Providing compensation at full replacement cost for losses;

(e) Choosing relocation sites that at least guarantee the same benefits and services as the sites they replace;

(f) Providing allowances, training and income support to assist in making a smooth transition;

(g) Identifying vulnerable groups and providing special assistance to these groups, and

(h) Establishing an institutional and organizational structure that supports this process to a successful end.

The Eligibility Criteria and Compensation defines that the DPs eligible for compensation include:

(a) Those who have formal legal rights to land or other assets;

(b) Those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certificates; or upon the permission of local authorities to occupy or use the project affected plots; and

(c) Those who have no recognizable legal right or claim to the land they are occupying.

Persons covered under (a) and (b) in the Eligibility Criteria and Compensation above are provided compensation for the land they lose and other assistance in accordance with para 6 of the OP 4.12. Persons covered under (c) in the Eligibility Criteria and Compensation above are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to the cut-off date. All persons included in (a), (b) and (c) in the Eligibility Criteria and Compensation above are provided compensation for loss of assets other than land.

DPs whose houses are in part or in total affected (temporarily or permanently) by .the project and whose residential and premise andlor agricultural land is in part or in total affected (permanently or temporarily) by the project are provided compensation for the land they lose, and other assistance as necessary to achieve the objectives set out in this policy, if they occupy the project area prior to the cut-off date defined in this RP.

DPs whose business are affected in part or in total (temporarily or permanently) by the project are provided resettlement assistance and other supports as necessary to achieve the objectives set out in this policy, if they occupy the project area prior to the cut-ofdate defined in this RP.

Persons who encroach on the areas after the cut-off date defined in this RP are not entitled to compensation or any other form of resettlement assistance.

The methodology to be used in the valuation of losses for this project is based on .their replacement cost. In this project, losses comprise land, structures and other assets. Replacement cost for land includes the value of land at market price plus the cost taxes and fees to get LLRC. For houses and other structures, the market cost of the materials should be used to calculate the replacement cost to build a replacement structure with an area and the quality should be at least as good as those affected. For both totally and partially affected structures, compensation includes market cost of material, plus the costs of material transport, labor and contractor fees, registration and transfer taxes.

Depreciation of the asset and amount saved in materials will not form a part of replacement cost.

2.2.2 Vietnam policies

Compensation and resettlement

The key national laws, decrees, circulars governing land acquisition, compensation and resettlement consists of the followings:

- The 2003 Land Law passed by the National Assembly on November 26th, 2003.

- GOV Decree No.l06/2005/ND-CP dated August 17'~, 2005 defined the protection of high voltage systems.

- GOV Decree No.l88/2004/ND-CP dated November 16', 2004 on methodology for defining prices and price framework of various types and categories of land.

- Circular No. 1 1412004lTT-BTC dated November 26', 2004 of the Ministry of Finance guiding .the implementation of the above stated Decree.

- GOV Decree No.l23/2007/ND-CP dated July 27", 2007 on adjustment and supplementation of articles of the Decree No.l88/2004/ND-CP dt. November 16', 2004.

- GOV Decree No.l97/2004/ND-CP dated December 03'~, 2004 on the compensation, assistance and resettlement in case of land acquisition by the State.

- Circular No. 1 1612004lTT-BTC dated December 7', 2004 of the Ministry of Finance guiding the implementation of Decree No. 197/2004/ND-CP.

- Circular No.69120061TT-BTC dated August 2nd, 2006 amending and supplementing the Finance Ministry's Circular No. 116/2004/TT-BTC which guides the implementation of the Government's Decree No. 19712004lND-CP on compensation, support and resettlement upon land recovery by the State.

- GOV Decree No.l7/2006/ND-CP dated January 27", 2003 on adjustment and supplementation of decrees on implementation guidelines of Land Law.


- GOV Decree No.8412007~-CP dated May 25", 2007 providing additional regulations on granting land use right certificates, retrieving land, paying compensation, resettling, settling complaints and denouncements

- Current decisions of Binh Duong Provincial People's Committee.

Compatibilities of GOV and WB approaches

There are many ways in which the approaches of the GOV - either in policy or practice - are compatible with WB guidelines. The most important compatibilities are:

- Vietnam has a process whereby most people without legal land rights may meet conditions of legalization and receive compensation for losses.

- Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two.

- Resettlement sites offer not only better improved infrastructure and services but represent a higher standard of living.

- Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal.

- On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible. The government has its own process in place whereby land occupied without legal documentation can be legalized; this land, however, is compensated for at a rate equal to 100% of land price minus the taxes and fee for land use right registration from 15 October 1993. (Clause 49, 50 of Art. 42 of the 2003 Land Law).

- Compensation at replacement cost is ensured in Art.6 of Decree 197/2004/ND-CP dated 03 Dec., 2004 that' ... people who have land being acquired shall be compensated with land of similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisition shall be applied. If there is any differences in value, in case of compensation by new land or house, such differences shall be settled in cash' and, Art. 19 of the same Decree that '... houses and structures of domestic use of the household or individual shall be compensated with the value of construction of new house, structures of similar technical standard.. . '

Required waivers

GOV Decree No. 13 1/2006/ND-CP dated Nov. 1 9'h, 2006 stipulates that "in case of international agreements on ODA signed between GOV and sponsor country stipulate other contents, such international agreements should be stipulated".

Differences between the approaches and measures that need to be addressed within the program also exist. However, in this context, procedures exist within national and provincial governments that allow the granting of waivers


of domestic law on specific projects that may be in conflict with that of the fimding agency.

In order to carry out the RP in accordance to World Bank OP 4.12 on Involuntary Resettlement a number of articles in various Vietnamese laws and regulations which do not ensure compensation at replacement cost or set eligibility provisions which do not extend the right to compensation and rehabilitation to households without proper land papers, will be waived i.e. :

Eligibility - to compensation and/or assistance

Decree 197/2004/ND-CP dated Dec. 0 3 ~ ~ ~ 2004

Article 7

This article (cases where land is recovered without compensation) stipulates that any person whose land is recovered and who has not met one of the conditions of Article 8 of this Decree, or who has violated the plan, or who violates the protecting corridor work, or who illegally occupies land shall not receive compensation when the state recovers the land. In case of necessity, the Provincial People's Committee shall consider and decide on a case-by-case basis.

Article 18, 19 and 20:

- Houses and structures on non-eligible-for-compensation land, which have not violated announced land use plans or the right of way will be assisted at 80% of replacement cost.

- Houses and structures on non-eligible-for-compensation land, which have violated announced land use plans or the right of way will not be assisted. If necessary, the PPC will consider on the case by case basis.

Article 28 and 29:

- DPs losing more than 30% of productive land will be entitled to living stabilization and trainingljob creation assistance

To ensure that the objectives of this resettlement policy are met, a special decision of the Government waiving Article 7, 18, 19, 20, 28, 29 of Decree 197 is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in the policy.

Land price for compensation calculation

According to the Vietnamese regulation, calculation the unit price for land compensation will be based on GOV Decrees 19712004lND-CP and 18812004lND-CP along with their Guidance (Circular No. 1 1412004lTT-BTC and No. 1 1612004lTT-BTC respectively).

Decree 197/2004/ND-CP dated Dec. 03'~, 2004

Article 9

This article states that land price for the compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in line with the


Government regulation (within the GOV's range of minimum and maximum prices).

Decree 188/2004/ND-CP dated Nov. 1 6th, 2004

This Decree promulgates the methodologies to define land price and, at the same time, set forth the land price framework (min. and max. unit price for various types of land) throughout the country

Article 2

This article states that .the land price shall be defmed by the provincial People's Committees and/or cities directly under the central government.

To ensure that the objectives of the project resettlement policy are met, unit price for land compensation established by the Project provinciallcity People's Committees will be adjusted to meet the replacement costs.

The compensation unit prices established by the provinciaUdistrict CRC, provincial DOE DOC and approved by the provincial People's Committees may be adjusted to meet the replacement costs, by the -time of compensation, to ensure the objectives of the RPpolicy are met.

Assistance policy for DPs who rent houses from the government

Decree 19 7/2004/ND-CP dated Dec. 03'~, 2004

Article 21

This article states that DPs who rent government houses and has to be relocated by self-relocation shall be assisted in cash at a rate equal to 60%) of the cost of the currently rented house and 60% of the cost of the land value, in cases of no resettlement houses to be arranged for them.

Assistance policy for rehabilitation

Decree 197/2004/ND-CP dated Dec. 03'~, 2004

Article 28

This article states that DPs who directly do the agricultural production having agricultural land being acquired more than 30% shall received rehabilitation assistance (cash value of 30 kg of average rice in the location per head) for 3 months (if relocation is not required), 6 months (if relocation is required) and 12 months (if moving to the areas of specially difficult socio-economic conditions).

GOV Commitments

To ensure that the objectives of the policy are met, the Prime Minister of Vietnam and Chairpersons of the project related provinces in approvingladopting (prior to the project appraisal) the policies and objectives set forth in this Policy Framework will grant the waivers to the above mentioned Articles 7, 9, 18, 19, 20, 2 1, 28 and 29 of Decrees 197/2004/ND- CP and Article 2 of Decree 188/2004/ND-CP, and any other laws or regulations which contradict this Project Resettlement Policy.

I U2 projcct Credit 4 107-VS I<cscttlement plan Tan ~ i n h -- Lyen Hung 270kV transmission line

. - . ..-.. .- ._ _ _ .. ...~. ~_ . - . - ~. _ . . .~. -- --

GOV Decree 13 112006MD-CP dated Nov. gth, 2006 stipulates that "in the case of the international agreements on ODA have been signed between GOV and sponsor stipulates other contents, the international agreements will prevail."

The waivers will be approved by GOV in the decision of project investment before negotiation. The Project Provincial People CommitteesIEVN will issue -the ofiicial letter for their agreement in implementing the policies set forth in RP.

2.3 Definition of eligibility and limitation of eligibility

Displaced Person (DP) is individual, firm or institution with or without land registration papers who owned, rented or used land, properties and business which are affected by the project:

All DPs will be entitled to full compensation for their respective losses as long as they are included in the DP inventory list or can prove that they used the affected items before the cut-off day. The same applies to DPs whose incomes are affected by the project.

The cut-off date of this RP has been fixed at the day of the inventory completion of DMS (proposed as May 30th, 2009) and will be proclaimed by local authorities.

Encroachers who settled into the proposed affected areas after the cut-off date will not be considered as DPs therefore having no entitlement to compensation and resettlement. They will be required to demolish their structures and cut the trees or harvest the crops for land clearance to the project. In case necessary, they will be forced to remove out the proposed project area. Nevertheless, they do not have to pay any fine or sanction.

2.4 Resettlement and compensation principles

Resettlement and compensation principles of the project obey the Vietnamese laws and OP 4.12 of World Bank:

(a) Acquisition of land and other assets and resettlement of people will be minimized as much as possible.

(b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (TL), surrounding areas of tower foundation, in the service roads under the project as of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost should not bar the DP from entitlement to szich rehabilitation measures.

(c) The rehabilitation measures to be provided are:

(i) Compensation at replacement cost, without deduction for depreciation or salvage inaterials for houses and other structures;


(ii) Agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DP's choice;

(iii) Replacement of residentiallpremise land of equal size acceptable to the DP or in cash at replacement cost according to DP's choice; and

(iv) Transfer and subsistence allowances.

(d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DPs.

(e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DPs prior to the expected start-up date of works in .the respective Project site.

(f) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the DPs, to ensure minimal disturbance. Entitlements will be provided to DPs prior to expected start-up of works at the respective project site.

(g) The previous level of community services and resources will be maintained or improved.

(h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required.

(i) Institutional arrangements will ensure effective and timely design, planning, consultation and implementation of DP.

(j) Effective and timely supervision, monitoring and evaluation of the implementation of DP will be carried out.

2.5 Compensation policy

Compensation for crops will be provided at market price. Compensation for land, houses, buildings, trees and other assets will be provided at the replacement cost.

Compensation for land losses:

Compensation for productive land losses (less -than 20% of total land DPs' holdings) will be provided at the replacement cost for the equivalent area and all other losses will be provided in cash.

Compensation for productive land losses (more than 20% of total DPs' land holdings) will be provided in terms of land for land at the equivalent area and quality of land acquired by the project or in cash at replacement cost according to DPs' options.

Compensation for houses, buildings and trees will be provided in cash at the replacement costs.

Compensation for crops will be given in cash at the current market rates calculated on the productive average of the last three years (according to the Circular 114/2004/TT-BTC of MOF). Compensation prices defined in this RP are tariffs established by the DOF of the project related citylprovinces and


approved by their citylprovincial People's Committees based on the decree 1 8812004ND-CP and the MOF Circular 1 1412004lTT-BTC.

Since the time fiom RP preparation to time of the project implementation may be long, at the implementation time, the compensation unit prices may not correspond to market or replacement rates. Therefore, all applicable unit prices will be checked again at the beginning of RP implementation and adjusted, if necessary. The Detailed Measurement Survey (DMS) will also be carried out by Resettlement Committees at the very beginning of project implementation. The evaluation of unit prices at the implementation time will be done by the independent monitoring agency and provincial DOF. This activity will later be required in TOR for Independent Monitoring.


3. ENTITLEMENT POLICY

3.1 Impact categories

The project can cause impact categories as follows:

For land:

- Permanent land acquisition for tower foundation.

- Reducing use purposes of land in ROW for safety of the line.

For trees, crops

GOV Decree No. 106/2005/ND-CP dated Aug. 17th,2005 stipulates that:

- For trees in ROW, distance from highest point of tree in vertical direction to lowest heigh of conductor wire in quiet status is not less than:

- For trees outside ROW, distance from a any point of tree in fall to the line is not less than lm.

66 to 110 kV

- Paddy, crops and trees only plant in areas with 0.5m at least distance from edge of tower foundation.

220 kV

For houses, structures

GOV Decree No. 106/2005/ND-CP dated Aug. 17', 2005 stipulates that:

- Conditions for houses, structures in ROW of power networks with voltage from 66kV to 220kV are as follows:

Voltage

Distance

- Roof and wall are made by non-fire material;

Roof, frame and wall which are made by metal, need to install lightning arrestors according to the technology;

Uninsulated wire

Distance from highest point of house/structure to lowest heigh of conductor wire in quiet status is not less than:

3.0 m 4.0 m

By the nature of the project impacts as described above and based on the survey of the DPs, impact categories of the project could be classified as below:

Voltage

Distance

Category I DP has trees, crops which are damaged by the project.

Category 2 DP has residential, garden, productive lands which are affected due to location in ROW and during the project construction period.

66 to 110 kV

4.0 m

220 kV

6.0 m


Category 3 DP has houses/structures which are affected due to location in ROW.

Category 4 DP has houses/structures, which are partially damaged or cut, and the damaged portion will not affect to the safety or using purpose of the entire house or structure (the dismantled areas are 520% of total areas), and the lost house/structure portion could be rebuilt in adjacent areas already owned by the DP.

Category 5 DP has house/structure, which are partially or totally damaged, and the damaged portion will affect to the safety or using purpose of the entire house or structure (the dismantled areas are more than 20% of total areas or even less .than 20% of total area, but the remaining area can not be used or inconvenient for using), so the house need to be totally removed and rebuild in remaining adjacent areas already owned by the DP.

Category 6 DP has houses, which are partially or totally damaged, and the damaged portion will affect to the safety or using purpose of the entire house or structure, so the house/structure need to be totally removed and rebuild. But DP does not have sufficient spare residential land for the reconstruction of a house of equal dimensions as the house lost. The threshold of sufficient residential land is at 100 m2 for rural areas.

Catesory 7 DP has residential land, productive land which will be acquired permanently for the project:

(a) Acquired productive land area is more than 20% of total productive land DPs' holdings.

(b) Acquired productive land area is less than 20% of total productive land DPs' holdings.

(c) The remaining residential-garden land area is less than 100 m2 (in rural areas)

(d) The remaining residential-garden land area is equal or more than 100m2 (in rural areas)

Category 8 DP impacted permanently or temporarily on business or other services.

3.2 Entitlement

3.2.1 Compensation entitlement by categories

Table 3-1 Compensation entitlement by categories

Category

1

Entitlement

- Cash compensation for affected trees, crops at replacement cost plus cost for cutting trees, crops at market price.


1 Category 1 Entitlement 1 - -

- No compensation for land. - Reinstate land after the project construction.

- No compensation for houses/structures.

- Allowance for cost of installing fireproof materials and lightning arrestors and improvement.

- The damaged house/structure will be compensated in cash at full replacement cost.

- Compensation for affected land area.

- No deduction for depreciation and salvage materials.

- Cash compensation reflecting full replacement cost of the house1 structures.

- Cash compensation reflecting full replacement cost of lost land area.


- DP can opt 'land for land' in resettlement place (area of house and garden) with equivalent size, satisfactory to the DP or cash compensation reflecting full replacement cost according to DP's choice

- Cash compensation reflecting full replacement cost of the house/ structures.


DP lo sin^ productive land Productive land loss 120% of their total landholdings - Cash compensation for the lost area if the remaining plot is still

economically viable. - Cash compensation for the whole impacted plot if the remaining plot

is not economically viable. - Cash compensation for properties associated with land.

Productive land loss 1 20% of their total landholdings - DP can opt for the followings:

(ii) "Land for land" with the same area and quantity of impacted land area if the remaining plots are still economic-viable and for the whole impacted plots if the remaining plots are not economic-viable.

(iii) Cash for land at the replacement cost. - Compensation for affected trees at the replacement cost. I - Assistance for change of occupation of persons in labour ages. - Assistance for production and rehabilitation.

DP losing residential and garden land - If remaining land is sufficient for reorganizing (more than 100 m2):

cash compensation for lost area and assets associated with land. - If remaining land is not sufficient for reorganizing (less than 100


mZ), DP can opt: (i) Cash compensation at replacement cost for land and assets on

land, or (ii) "Land for land" compensation for the whole residential area and

properties associated with land. For affected house and building, I

the same entitlement to DP of categories 4 or 5 or 6. Tem~orary impact - Compensation for income lost during the affected period. Permanent impact - Provision of alternative business site of equal size and-accessibility

to customers and satisfactory to DP. - Cash compensation for lost business structure reflecting full

replacement cost of the structures without depreciation. - Cash compensation for the lost of income during the transition

period.

3.2.2 Allowances

1. Transport allowance

According to Article 27 of GOV Decree No.l97/2004/ND-CP, DPs who have to move their houses to new places within the province, will get an allowance of maximum as 3,000,000 VNDhousehold.

2. Allowance for change of occupation

According to Article 29 of GOV Decree No. 197/2004/ND-CP, DPs whose agricultural land is permanently required more than 30% of their landholding, will get an allowance for persons in labour ages (16 to 65 old years).

The project applies a rate as 20%.

3. Allowance for production and rehabilitation

According to Article 28 of GOV Decree No.19712004MD-CP, DPs have agricultural land be permanently required more than 30% of their landholding:

- In case of no relocation, they will be subsidized 30 kg of rice (equivalent) /persodmonth in 3 months.

- In case of relocation, they will be subsidized 30 kg of rice (equivalent) /persodmonth in 6 months.

The project applies a rate as 20%.

4. Timely movement incentive

DPs who relocate on timely manner, will get a bonus of 3,000,000 VNDhousehold (maximum is 5,000,000 VNDIhousehold).


5. Subsidy for installing fireproof materials and lightning - arrestors

This subsidy is estimated as 1,000,000VND. This subsidy is applied for DPs with houselstructure made by metal in ROW.

6. Housing improvement subsidy

This subsidy is cost applied for DPs with temporary houselstructure in ROW. Cost is proposed to be equal to constructing a new houselstructure of the same area in replacement cost.

(Please see Appendix 3 for Entitlement Matrix and Appendix 11 for Details of Entitlement of DPs).


RESETTLEMENT

4.1 Measures to minimize land acquisition

Thanks to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related offices, the project impacts are almost marginal.

4.1.1 Consultation and participation

During the project preparation, consultant carries out survey on the project impacts. The survey teams have also consultations with local authorities and local people on the possible impacts caused by the project, particularly the alignment of lines route so as the selected line route is the least impact option.

Route of the line are also displayed and discussed again in community meetings.

The draft layouts of the project have been communicated by PMB/consultant to the relevant organizations i.e. provincial, district and commune People's Committees, DONRE, DOI, cadastral services of provincial/district /commune etc. for comments and public display. The valuable feedback of local authorities and DPs are taken into account for design.

4.1.2 Mitigation measures in design stage

Selection of line route

The project impacts mitigation measures have been scrutinized during the design stage, particularly for the selection of line route. Appropriate alternative would reduce the project cost and adverse impacts on the local communities and environment.

The following principles were followed:

- The route selected are shortest possible. Such routes are relatively close to public roaddcanals to avoid land acquisition for access roads and minimize cost during construction, operation and maintenance.

- The line should avoid traversing or running close to the important projects (i.e. gasoline, explosive storages, radio stations), sensitive locations (i.e. historic and cultural assets) protected forests and areas with high trees. Slope sides and turnings are also avoided to reduce leveling and angle towers.

During the mapping of the routes, PMB and consultant have thoroughly studied different alternatives on map and at sites to select the optimal ones.

To avoid impacts, certain changes in direction of the routes and many turning angles (up-to 70") of the routes are applied to avoid impacts to the houses/structures.

Route of the line was agreed by Binh Duong Provincial People's Committee.


Technical solutions

The applicable average tower distance is around 300m, however, in specific topographic conditions or avoiding structures, tower distance would be shortened to around 300m.

Application of different dimensions for tower foundations to be suitable to their functions and the selected locations has been thoroughly studied. Area of tower foundation varies from 8.6 x 8.6m to 17 x 17m.

4.1.3 Mitigation measures in construction stage

During the detail technical design, PMB and its consultant will reinvestigate the routes and make certain modification, if necessary, for optimal results.

Suitable measures and optimum arrangements for the project construction are considered i.e. construction would be carried out right after the harvest of crops and terminated before the next sowings. To achieve such target, apt workforces with working shifts would be scheduled to shorten the temporarily affected period.

The construction camps for workers in the construction period shall be located on -the bare or public lands near by headquarters of communes. The camps shall not to be built in populated areas.

In order to minimize the temporary impact by excess roads during the construction period, canals, existing roads, paths are considered for the excess roads. Even ROW, in case of densely planted pine forest, is considered to be used as excess road during the construction period.

4.2 Agreement of the line route

The line route was agreed by Binh Duong Provincial People's Committee in Document No.2955/UBND-SX dated Jun. 18", 2007 and Department of Industry in Document No.290/SCN-QLDN dated May 17", 2007.

(Please see Appendix 4 for Agreements on the line route).

4.3 Resettlement area

Socio-economic survey, inventory and census (Feb., 2008) show that:

(iii) No HH be relocated by the project. There are about 18 HHs with houses/animal pens in ROW of the line, they will be be supported cost of installing fireproof materials and lightning arrestors and improvement.

(iv) There are about 43 HHs and 5 enterprises be permanently land required (less than 20% of their landholding) for tower foundations of the line, but required land area is small.

Hence, the project does not need to set up resettlement area.


5. PEOPLE'S PARTICIPATION

5.1 Community meetings

During the RP preparation, PMB and the consultant have held many community meetings at the commune level in the project areas with the participation of DPs and representatives of Commune People's Committees @lease see table 5-1).

Table 5-1 Public consultation

Consultation outcomes I Consultation method

of notice 30 days (25/02/2008-25/03/2008)

Details of activities

No feedbacks

Location of notice

Phu Chanh commune

Tan Hiep commune

Newspaper

newspaper Date(s) of

I , Not implemented announcement1 announcement

1 i

/ Notification I

Date(s) of notice !

Name of 1

questionnaire

Number sent Main issues

Area of distribution

Uyen Hung town

Not implemented 1 Ida

I radio

1 Feedback sought 1 (Yes / No)

I

Time(s) of 1

Meeting minutes attached: Yes

1

Public meeting Discussed issues: - Definition of eligibility - Resettlement and compensation principle5 - Compensation policy - Entitlement - Recorded feedbacks

Date(s) held

I - - -

I - Representation of Commune People's Committee

10/04/2008 - 24/04/2008

I Location(s) held People's Committee of Attendees

Uyen Hung town, Tan I

1 I Hiep and Phu Chanh 1 communes. I


-- -- -- - - --. -- - j Consultation 1 Details of activities 7 Consultation outcomes

method ~ 1 Invitees

Agenda attached

Commune People's committee Women's Association Farmer 's Association Affected institution DPs Affected enterprises.

Letter of invitation

Yes

- DPs - Affected enterpries.

Public announcement after the RP approved

Location of announcement

Offices of Tan Uyen and Thu Dau Mot DPCs (Vietnamese version)

Date held (proposed)

Vietnam Development Information Center of World Bank (VDIC), 63 Ly Thai To street, Ha Noi city (English version)

World Bank Office in Washington (WB inforshop) (English version)

0912008 (proposed)

0912008 (proposed)

0912008 (proposed)

In the community meetings, project related issues i.e. investment financial resources, project objectives, project components etc. are explained by PMB/consultant representatives, all queries of DPs and local authorities related to RP i.e. entitlements, compensation etc. are explained and recorded.

The opinions of DPs and local government in the project areas:

- Local government and DPs agree with the investor on the construction of the project.

- Compensation for affected assets by market price.

- Support for land in ROW due to decrease of land use.

- Improving the line to able to plant many higher trees in ROW or compensation by other plot.

- Compensation activities of the project does not impact to life of local inhabitants.

- Compensation for all land in ROW.

- Hastening the project implementation in order to mitigate impact to local people.


Resettlement plan

- Satisfactory compensation for losses of local people.

(Pls. see Appendix 5 for Minutes of Community Meetings).

5.2 Objectives of information campaign and consultation program

Information dissemination to, consultation with and participation of the affected people and involved agencies (i) reduce the potential for conflicts, (ii) minimize the risk of project delays, and (iii) enable the project to design the resettlement and rehabilitation program as a comprehensive development program to fit the needs and priorities of the affected people, thereby maximizing the economic and social benefits of the project investment.

The objectives of the Public Information Campaign and DP Consultation Program are as follows:

- To share full information on the proposed project areas, its components and its activities with the affected people.

- To obtain information about the needs and priorities of the effected people as well as information about their reactionslfeedback to proposed policies and activities.

- To obtain the cooperation and participation of the affected people and communities required to be undertaken for resettlement planning and implementation.

- To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation.

There are two phases of the public information campaign and DP consultation:

5.3 Phase 1 - Information campaign, DPs and agency consultation during resettlement planning and RP preparation

This phase - RP planning and preparation - consisted of substation location and lines route selection, census and inventory of affected people, affected assets, and identification of strategies for compensating, rehabilitating and relocating. Survey teams had asked local authorities and DPs for their comments on the route alignments, potential of adverse impact, their reference on unit cost for house construction and unit cost of land. Commune local authorities had also been consulted for land availability in the case public land would be used for land compensation.

Drafts of RP's Entitlement Matrix will be sent by PMB to the related district People's Committees, commune People's Committees, commune Women Associations, Youth Unions, Fatherland Fronts, Farmers Associations, War Veteran Associations.

The draft of RP has also been disclosed at the VDIC of the World Bank office in Viet Nam.

During phase 1, (RAP preparation), the following activities were carried out sequentially:


Activity 1

Information and discussion with related local authorities.

After studying maps and visiting the sites, the Consultants had envisaged a preliminary route on 11500 scale map. Such map of all locations passed by the line was sent to relevant local authorities. The local authorities have agreed on the project line routes and substation location. These activities took place in Feb., 2008.

Activity 2

Impact survey and statistics

Based on the agreed line routes and substation location, survey teams had realized the routes at sites coordinated with the commune officials to make a list of DPs affected on land, houses and crops. The socio-economic survey forms were delivered to 100 % of affected households. These activities took place in Feb., 2008.

Activity 3

Meetings with DPs ' representatives

When the survey finished, the Consultant in coordination with the commune officials held meetings with DPs. In these meetings, the Consultants officially informed the participants of the project purposes; presented the project impacts on land and crops in detail; introduced on the objective of RP, the principles and policies of compensation and required people not to build new structures in the affected areas. DPs were consulted on the entitlement and compensation policy. DPs had also been asked for their options for compensation modes, most of them preferred cash for land and other assets. They have requested that compensation must be at replacement cost and full compensation have to be paid before land clearance. They also requested to be clearly informed about the project implementation schedule. These activities took place in April, 2008.

Activity 4

Sending draft RP and Entitlement Policy to E VN for review and disclosure

5.4 Phase 2 - Information campaign and consultation during resettlement implementation

During this phase - RP implementation - meetings will be organized in each commune. The implementation of resettlement and rehabilitation activities includes: implementing resettlement policies; entitlement calculation and payment of compensation to DPs; finalize DPs' options on relocation, compensation mode, trainings etc.

During phase 2, (implementing RP), the following activities were carried out sequentially:

Activity 1

Establishment of CRCs, Information dissemination and training for CRCs


Resettlement plan

After the signing of the loan agreement, the first resettlement activity is to establish PRCs and DRCs by the citylprovincial PPCs. Then PMB will provide local RCs at all levels the final RP, training their staff on RP contents and steps of RP implementation, disseminating RIB to all DPs. This activity is expected to commence by Aug., 2008.

Activity 2

Distribution DMS and entitlement forms to DPs

PMB's consultant and local CRCs will carry out DMS and calculate entitlements and disseminate DMS and entitlement forms to all DPs. The list of DPs, their affected assets and entitlements will be posted at commune oflice.

District CRCs and all commune local authorities will organize meetings in each commune to clearly infondexplain the policy of RP to DPs. In these meetings, DPs can raise their questions on any resettlement issues. This activity is proposed to be done by about Nov., 2008.

Activity 3

Meeting with DPs on compensation payment

After getting statistics on lost assets by the project, CRCs and communes will organize meetings with DPs to introduce the compensation rates for different impacted assets. Table of compensation rates will be posted in the ofices of commune people's committees.

At the meeting, DPs can comment on the proposed compensation rates. Disagreement on compensation rates will be noted down and collected for consideration. Recommendations, if any, will be sent to DPs for revision, if necessary.

Besides, DPs will be informed of times, locations and process of compensation payment for the lost assets. The meetings are scheduled by late Dec., 2008.

DPs who agree with compensation price for their assets will sign on the compensation form. Disagreement comments will be recorded and reported to the competent authorities.

Activity 4

Information to local authorities on implementation schedule

PMB will inform commune authorities and DPs about construction schedule and procedures as well as schedule of RP implementation.

Commune local authorities and district CRCs must closely coordinate together for ensuring that all DPs are hlly informed about compensation and project RP implementation schedules.

5.5 Resettlement Information Booklet (RIB)

To ensure that DPs, their representatives and local governments of the affected areas hlly understand the details of RP, RIB will be prepared by PMB, and


will be distributed to all DPs in the project area in the initial duration of the implementation stage.

The RIB will contain information on the followings:

Basic features

- Project description

- Project design objectives

- Implementation schedule

- Project impacts

- Eligibility to compensation and rehabilitation and entitlements policy for the project affected people.

- Institutions are responsible for resettlement

- Information dissemination to and consultation with .the affected people

- Grievances and appeals

- Monitoring and evaluation of RP implementation.

Specific entitlements of DP

- Description of the detailed impact of the project on the specific household

- Compensation rates for each types of impact

- Date of delivery of entitlements.


6. SOCIO-ECONOMIC STATUS OF THE PROJECT AREA

From 25/02/2008 to 29/02/2008, PECC3 carried out a socio-economic survey in project area to define the characteristic of impacted community, evaluate on the population, housing status, main economic activities, living standards of DPs etc. Survey results are as follows:

6.1 Economy

6.1.1 Industry

The industrial production rate increased 46.05% on average in 2006. Therein, the national economic investment area had increase of 3 1.96% and 55.45% out of it.

As to the development situation of the industrial parks: there are now 12 industrial parks with the total area of 3.160 hectares in the commune. Therein, there are 9 industrial parks under deployment with the total area of 1.146 rented hectares.

Industrial Park I Located Square Status 1 I 1 I Thai Hoa I Thai Hoa Commune ( 68 ( In progress /

I 2oo I In progress Commune I TanTh*

1 3 1 Uyen Hung I 2o I Under Uyen Hung Town deployment

1 5 1 TanLap

4

Tan Lap Commune 1 126 I Under deployment

NamTanUyen

1 7 1 GENIMEx Company

6

Under Commune 1 Binh

deployment

Khanh Binh Commune

Khanh Binh (Thanh pho dep company)

Khanh Binh Timber processing 1 2oo 1 Under / 1 industry Commune deployment ,

198

8

Thanh Phuoc Building material Binh Commune I PhuOc, 1 331 I Planning

Under deployment

Khanh Binh Commune

Phu Chanh

63

11

12

13

14

- -

Under deployment ~

Phu Chanh Commune

VinhTan-TanBinh ---

Thach Ban - Khanh Binh

T a n M y I

Tan My I1

120 Under

deployment

Tan Binh Commune

Khanh B inh Commune

Tan My Commune

Tan My Commune

476

242

450

5 16

Planning

Planning

Planning


6.1.2 Agriculture, forestry and aquaculture

In 2006, the agricultural and forestal production rate increased 4.82% in comparison with 2005.

The total cultivable area for annuals is on the decline. The reason is the transformation of that area for perennials.

Breeding: herds of cattle and poultry stabilized and increased compared to those during the previous year. Therein, herds of cattle increased 18.98%, swine 17.88% and poultry 37.06%.

Aquaculture has been developed by farmers. Most of it is in a small-scale and non-concentrated; due to an ineffective agricultural area.

6.1.3 Trade - service

Service has been extended regarding to both scale and quality. There are now 4.486 businesses specialized in trade and service in Tan Uyen Commune. Therein, 387 new businesses emerged in 2006. The fast-growing forms of business are: boarding-houses, snack bars, refreshment rooms and the like. These have been catering the in-the-making industrial parks.

The authority of Uyen Hung commune carried out an investment procedure for Binh My, Tan Thanh, Lac An markets in 2006. Concurrently, expediting the investment procedure for 5 property markets in Hoi Nghia, Khanh Binh, Thai Hoa communes and Uyen Hung town.

6.2 Census and inventory

6.2.1 Population and household characteristics

Results of the socio-economic survey in project area (Tan Hiep commune and Uyen Hung town of Tan Uyen district, and Phu Chanh commune of Thu Dau Mot township, Binh Duong province) are as follows:

- Average family size

+ Man

+ Women

- Age groups

+ 1-17yrs

+ Above 60 yrs

- Heads ofHH

+ Man

+ Women 10.20 %

- Education

+ University


+ High school 8.33 %

+ Primary and secondary school 54.77 %

+ Read and write 11.01 %

+ Illiterates 8.33 %

- Occupation

+ Farming and wage-earner 28.57 %

+ Small scale industry 20.83 %

+ Unstable occupation 1.49 %

+ Others (housewife, the elderly, 49.11 % -

children, etc.)

- Income (average income) 2,45 5,94 1 VND/HH/month

- Facilities

+ DPs use power 97.55 %

+ DPs use water supply system Nil

+ DPs use well-water 100 %

+ DPs have telephones 44.49 %

+ DPs have TVs 88.63 %

+ DPs have refrigerators 24.49 %

+ DPs have motor bikes 97.96 %

+ DPs have bicycles 100 %

- Average expenses 2,050,000 VNDMWmonth

6.2.2 Healthcare

Tan Uyen district and Thu Dau Mot township have 1 general hospital each and all communes covered by project have 1 healthcare station each.

The town's health care services usually taking care of minor illness or maternity deliveries. The district hospital can take care of more serious illness or minor operations.

However, such health services are suffering from poor facilities or lack of equipment.

6.2.3 Housing condition

The Vietnamese Construction Standards provide construction specifications for civil and industrial projects. Based on these specifications - four categories of houses and an additional 'Temporary category', the housing conditions of the communities in the project areas are follows:


- House cat. 4: 80%

- House cat. "temporary": 15 %

6.2.4 Income

Sources of income

- Farming and wage-earner: 5 1.14%

- Small scale industry: 35.94%

- Others: 12.92%

It is difficult to specifj DPs7 exact source of income and income, since many DPs themselves could not point out their sources of income and income exactly. Many DPs have multi sources or mixed sources of incomes and their income changes following the fluctuation of agricultural harvests and prices.

Average income

The socio-economic survey in the project area shows that the average income of the overall population in the project area is around 2,455,941 VNDWmonth .


7. PROJECT IMPACTS

From 25/02/2008 to 29/02/2008, PECC3 carried out a survey on impacts of the project. Results of the survey show that:

Affected individuals:

I Household I persin 1 - - 1 Total number of individual DPs

In which:

I. Permanent impact - - -

1.1 DPs with permanent productive land acquisition of - more than 20% of landholding

Nil Nil I 1 1.2 DPs with permanent productive land acquisition of less 1 than 20% of landholding

1.3 DPs with permanent residential land acquisition of more than 20% of landholding

Nil I Nil ( 1.4 DPs with permanent residential land acquisition of less 1 than 20% of landholding

Nil 1 Nil ( 1 1.5 DPs with houses permanently affected

1.6 DPs with structure permanently affected

1.8 DPs with business permanently (partly or totally) I affected I Nil I Nil I

1.7 DPs with treeslcrops affected

Nil

Nil

1 2.1. DPs with land in ROW ( 101 1 360 1

Nil

Nil

I I

10 1

1.9 DPs required to be relocated

2. Impact in ROW

1 2.2 DPs with houselstructure in ROW (*) 1 18 1 6 4 ~

360

-

2.3 DPs with business temporarily (partly or totally) affected 1 Nil 1 Nil 1

Nil

Notes:

Nil

1 HH may fall into more than 1 impact categov.

There is no ethnic minorig HH affected by the project..

() 18 HHs with house/animal pen affected due to location in ROK they are not required to be relocated (according to the Decree No.106ND-CP of the GOV). They will be supported cost offireproof materials and lightning arrestors and/or improvement.

Affected institution:

1 Institution

1 Total number of institutional DPs 7


In which:

1. Permanent impact

1.1 DPs with permanent productive land acquisition of more than 20% of landholding

Nil

1 1.2 DPs with permanent productive land acquisition of less than I 20% of landholding

1.3 DPs with permanent specific used land acquisition of more than 20% of landholding (*)

- - - 1 1.8 DPs with business (partly or totally) affected

Nil

1.6 DPs with structure permanently affected

I 1.7 DPs with trees/crops affected

Nil

Nil 1 2

1 1.9 DPs required to be relocated

1.4 DPs with permanent specific used land acquisition of less than 20% of landholding

Nil

1.5 DPs with factory/enterprise housing permanently affected

1 2.1 DPs with land in ROW I 7

Nil

- - - -

1 2.2 DPs with house/structure in ROW

1 2.3 DPs with business temporarily (partly or totally) affected I Nil

Notes:

1 institution may fall into more than 1 impact category.

0: 'Spec$c used land' is the landplot on which the factory/enterprise housing is built.

7.1 Displaced persons

7.1.1 Number of DPs

Table 7-1 Number of individual DPs

1 No. Pmvince~distric~commune

1 1 Binh Duong province 1 I 1 I I . I 1 Thu Dau Mot townshir, 1 1 I

1.1.1

1.2

Total number of DPs includes DPs with permanently affected assets (land required for tower foundations) and DPs with affected assets in ROW and during construction.

Phu Chanh commune

Tan Uyen district

1.2.1

1.2.1

Tan Hiep commune

Uyen Hung town

Total

75

26

101 I

267

93

360


Table 7-2 Number of institutional DPs

No.

Chau Thoi chicken

2

Name of institutional DPs

Uyen Hung town, Tan Uyen district

3

Cattle breeding 1 1993 1 Stopped operation

Tan Uyen forest management unit

4

Address

Ba Nhat company

5

Uyen Hung town, Tan Uyen districtn

Genimex company

6

7.1.2 Total DPs by categories

Table 7-3 Number of DPs by impact categories

Business

Indigo planting


Omexay company

7


Nguyen Binh company

Year of establishment

Manufacturing things from rattan, bamboo

Tan Hiep commune, Tan Uyen districtn

Binh Duong service complex

C a t e g o r i e s

construction period

Number of StaffWorkers

1 1997 ~

Producing and trading wood

Tan Hiep commune, Tan Uyen districtn

1. DP has trees, crops, which are damaged by the project

2. DP has land in ROW and be affected during

-

Producing and trading wood

Phu Chanh commune, Thu Dau Mot township

HH

101

107

1 4. DP has houses/structures, which are partially damaged ( Nil (

Producing and trading wood 1 2001

I

Institution

3. DP has house/structure in ROW

I or cut, and the damaged portion will not affect to the I 1

2004

85

Service and commerce

18

1 safety or using purpose of the entire house or structure I 1

200

In the process of investment

/ (the dismantled areas are 4 0 % of total areas), and the 1 I / lost house/structure portion could be rebuilt in adjacent 1 1 I areas already owned by the DP. I 1

Nil

5. DP has house/structure, which are partially or totally

damaged, and the damaged portion will affect to the

Nil Nil


(the dismantled areas are more than 20% of total areas or I I I

C a t e g o r i e s

safety or using purpose of the entire house or structure

even less than 20% of total area, but the remaining area

can not be used or inconvenient for using), so the house

I need to be totally removed and rebuild in remaining

adjacent areas already owned by the DP

HH

6. DP has houses, which are partially or totally damaged,

and the damaged portion will affect to the safety or using

purpose of the entire house or structure, so the

house/structure need to be totally removed and rebuild.

But DP does not have sufficient spare residential land for

the reconstruction of a house of equal dimensions as the

house lost. The threshold of sufficient residential land is

at 100 m2 for rural areas.

Institution

Nil Nil

7. DP has land which will be acquired permanently for

the project: I I I I (a) Acquired productive land area is more than 20% of I Nil ( Nil I / total productive land DPs' holdings. I I I / @) Acquired productive land area is less than 20% of 1 43 1 5 1

total productive land DPs' holdings. 1 I I (c) The remaining residentiallgardedspecific used land 1 Nil 1 Nil I

area is less than 100 m2 (in rural areas) I I I (d) The remaining residentidgardedspecific used l a n d I N i l I Nil I

1 or other services.

N j v :

area is equal or more than 100m2 (in rural areas)

8. DP impacted permanently or temporarily on business

I HH;/institution may fall into more than I impact category.

Nil , Nil


Table 7-4 Total DPs by impact categories - locality distribution

Individual DPs:

Institutional DPs:

Phu Chanh commune

There is no any household and institution be relocated by the project.

There is no any ethnic minority people be affected by the project.

7.2 Project impacted assets

The project will cause impacts as follows:

1.2

1.2.1

1.2.1

Permanent impacts - Land acquisition for tower foundations.

Tan @en district

Tan Hiep commune

Uyen Hung town

- Trees, crops in the proposed tower foundation areas.

- High trees in ROW and high trees adjacent to ROWS but could touch the conductors in case of fallen will be cut.

Total

Permanent land acquisition:

75

26


Individual 2,095 m2

Institutional 0 m2


Individual 3,611 m2

101

75

26

101

14

4

3 4

9

18 43 1




Individual 331 m2


- Other land: 1,105 m2

Total permanent land acquisition: 7,249 m2

Impacted trees and crops:

- Crops lost:

Individual 2,095 m2

Institutional 0 m2

- Trees lost (including trees in ROW be chop down due to the height over 4m):

Individual 54,713 trees

Institutional 857 trees

Permanently impacted houses, structures and facilities

Nil.

Impacts in ROW

- Houses/structures within ROW of the line.

- Productive land is temporarily acquired in the period of the construction.

- Trees, crops within ROW of .the line during the construction period.

Land in ROW:

- Residential land:

Individual

Institutional



Institutional 0 m2







- Specific use land:


Individual 0 m2

Institutional 148,225 m2 (land for factory housing/ structures, included vacant land of some enterprises)

Crops in ROW afected during the construction phase:

- Crops lost:

Individual

Institutional 0 m2

Houses and structures in ROW

- Houses cat.3

Individual 1 house

Institutional 0 house

- Houses cat.4

Individual 15 houses

Institutional 5 houses (factories of 2 enterprises)

- Houses cat.temporary

Individual 94 m2

Institutional 0 m2

- Animal pen

Individual 375 m2

Institutional 0 m2

7.2.1 Number, category and area of houses/structures lost

Nil.

7.2.2 Number and area of residentiallspecific used land lost

Nil.


Number and area of productive land lost

Table 7-5 Productive land lost

Individual DPs: Unit: m2

1.2.1 1 Uyen Hung town ( 769.5 ( 1,440.8 ( 1 2,210.3 1

No.

1

1. I

1.1.1

1.2

1.2.1

Province/district/ commune

Binh Duong province

Thu Dau Mot township

Phu Chanh commune

Tan Uyen district

Tan Hiepcommune 1 1,325.4 1 2,170.7

Institutional D Ps: Unit: m2

1.1 I Thu ~ a u Mot ;ownship 1

330.6 1 3,826.8

No.

1

1 .l. 1 1 Phu Chanh commune (

Productive land lost

Binh Duong province

1.2 I Tan Uyen district

Annual trees land


1 -2.1 ( Tan Hiep commune I 1 1 107.3 1 107.3

Perennial tree land

1 Total / 107.3 1 1 1,105.0 1 1212.3

Production forest land

Total Productive land lost

1.2.1 / Uyen Hung town

Note: * Land cleared and compensated by Binh Duong service complex.

7.2.4 Quantity and types of crops and trees lost

Perennial tree land

107.3


Specific used land

627.7 735.0


7.2.5 Business lost including structures, land and other fixed assets

Nil.

7.2.6 Assets affected in ROW

Table 7-7 Land affected in ROW

Individual DPs: Unit: m2

(1: 'Spec$c used land' is the land plot on which the factory/enterprise housing is built (included unused vacant land of some enterprises).

No.

1

1.1

1.1.1

1.2

1.2.1

1.2.1

Institutional DPs: unit: m2

(5: Land cleared and compensated by Binh Duong service complex.

Annual trees land

66,194 -

28,639

94,832

Table 7-8 Houses/factory affected in ROW


Binh Duong

ThuDauMot

Phu Chanh

TanUyen

Tan Hiep

Uyen Hung

Total

No.

1

1.1

1.1.1

1.2

1.2.1

1.2.1

Individual DPs: :

Residential land

2,010

600

2,610

Perennial tree land

62,214

43,822

106,036

Notes:


3,220

3,220

I I

1 I Binh Duong


Binh Duong

Thu Dau Mot

Phu Chanh

TanUyen

Tan Hiep

Uyen Hung

Total

1.1.1 1 PhuChanh


14,182

14,182

Perennial tree land

2,703

2,703

Specific used land (.)

95,650"

5,873

46,702

148,225

1.2.1 Tan Hiep

Total

144,600

73,06 1

217,661

Total

95,650

5,873

52,625

154,148

Unit: m2 I I

Number of HH

cat. 3

House cat.

House ( House / House cat. Total area

cat. 4 temp


No. 1 Province/distnct /commune 1 zd&r rl House cat. Total area

Institutional DPs: Unit: m2 I 1 I I

1.2.1 Uyen Hung

Total

I

1

1 1.1.1 1 PhuChanh I 1 I I I

Province/district /commune

Binh Duong

1.1

1 1.2 1 Tan Uven I I 1 1 I

4

18

Number Factory house cat. Total

Thu Dau Mot

cat. 3

8 1

81

444

2,129

cat. 4 temp

1.2.1 I Tan Hiep

1 1 Total 1 2 1 1 1,184 / 1 1,184

351

1,953

1.2.1

Table 7-9 Structures/facilities affected in ROW

12

94

1

Individual DPs: Unit: m2 I I I I

Uyen Hung

159

b h u ~ a i Mot

159

1

No.

1

11.1.1 1 PhuChanh 1 1 1 1 1.2 I Tan Uyen 1 I 1

1,025

Province/district /commune

Binh Duong

1,025

Notes:

Number of HH

1.2.1

1.2.1

According to GOV Decree No.I06/2005/ND-CP dated Aug. I Th, 2005, houses/ structures in ROW of 11 OkV and 220kV transmission lines could be existed $they are made by materials as stipulated, they are not required to be relocated.

Animal 1 pens

DPs with house made by metal in ROW will be supported cost for installing fireproof materials and lightning arrestors in order to exist in ROW.

Tan Hiep

Uyen Hung

Total

DPs with house/structures under cat.4 in ROW will be supported cost for improvement in order to exist in ROW.

6

1

7

338

37

375


IMPLEMENTATION ARRANGEMENTS

Measures for the project implementation

All DPs shall be thoroughly informed about the rights and policies of RP including eligibility, entitlement policy, modes and rates of compensation, schedules and complaint and grievances rights. The RIB will be prepared by PMB and then it will be delivered to all DPs or informed at .the meetings in districts and communes; hung in public places such as administration quarters of communes and school.

Public announcement tasks shall be implemented immediately afier GOV and WB approval of project is obtained. Please see- the basic features of the Resettlement Information Booklet in Article 5.6.

Compensation deadlines

Compensation payment for land, houses at least five months before land clearance, compensation for trees and crops and all allowances will be paid at least 01 month before land acquisition date.

For DPs who have to be relocated, local authorities and PMB shall make every effort to assist them in purchasing residential land and construction for the house and to be sure that no land clearance if these DPs have not completed their house building at new resettlement site.

Resettlement and clearance deadline

DPs who have impacted houses and land and have received full compensation and subsidies, are requested to move out of the affected portion of the house or to clear land at least 15 days before the commencement civil work.

Essential actions

Action 1

Just afier the award of capital borrows convention of WB, PMB will select and contract a qualified agency for independent external monitoring.

Note: The project related provincial and district CRC are already exist.

Action 2

CRC carries out the DMS and inventory of the affected assets (on the basis of the surveys for this RP) and together with the independent monitoring agency and other related agencies, carry out the evaluation for the applicable unit costs in RE' and propose to PPC for amendment of the applicable unit prices in RE', if necessary, to ensure that DP is compensated at replacement costs at the time of RP implementation.

Article 9 of Decree 197/2004/ND-CP states that land price for the compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in

-I'D2 project Credit 4 107-Vh' Resettlement plan T'an Dinh - Lyen Hung 220kV transmission line

- . ~. ~ .. - - . . - - . . . - . - - - - --

line with the Government regulation (within the GOV's range of ininiinum and maximuin prices).

Chapter 2 of Decree 1 88/2004/ND-CP promulgates the methodologies (i.e. 'direct comparison method' and 'income method') to define land price and, at the same time, set forth the land price framework (min. and max. unit price for various types of land) throughout the country.

8.2.3 Action 3

Immediately after the completion of the DMS and inventory survey, CRC will inspect and define the official number of DPs, impacted properties and total compensation amount for DPs.

8.2.4 Action 4

CRC will officially announce the policy, schedule-of the RP to DPs at public meetings including issues related to compensation, resettlement and land clearance.

8.2.5 Action 5

Compensation payment for houses/structures and deliver assistance to DPs affected on houses/structures, and compensation payment for DPs affected on other properties.

DPs that permanently impacted more than 20% of total productive land or incomes will be entitled to rehabilitation assistance.

The proposals for rehabilitation program will be prepared by PMB and consultant in the period of RP implementation. The proposals will be developed based on the consultation with local authorities and the participation of DPs.

8.2.6 Action 6

During the project implementation, PMB and Independent External Monitoring Agency will supervise/monitor all activities of RP implementation and rehabilitation program.

8.3 Implementation schedule

The implementation schedule must ensure the synchronized linkage between RP implementation and commencement of civil work i.e. the appropriate compensation schedule and construction schedule. The compensation payment shall be completed prior to the commencement of the relevant project colnponents.

The proposed RP impleinentation schedule is as follows:

Schedule for PMB and CRC:

1. Establishment of Project CRC

2. Review and approval of ARP by EVN/SPPlMB

Feb., 2009

Mar., 2009

3. Review and clear of ARP by the WB Apr., 2009

I'D2 project Credit 4 107-VS Roscttlemcnt plan Tan Dinh - Lye11 Hung 220kV transmission line

-. --. .~ ~ - ~ - - . .. . ~ - . -. -.

4. Negotiation (GOV and WB)

5 . Effectiveness

6. Commencement of public information

7. Commencement of field works (DMS)

8. Commencement of payment of compensation

Schedule for DPs :

9. Commencement of declaration of quantity and status of properties

Apr., 2009

Apr., 2009

Apr., 2009

May, 2009

Jun., 2009

May, 2009

10. Commencement of receiving compensation and clearance Jun., 2009

8.4 Staffing for RP implementation

8.4.1 Proposed staffing for RP implementation

Staffing for the RP implementation is proposed in the following table.

Table 8-1 Staffing for RP implementation

1 1 1 PMB 1 2 1 3 months (

30.

1 3 1 Provincial CRC I 1 1 3 months 1 1 4 ( District CRCs ~ 2 1 3 months ~

Institutions

5 1 Commune People's Committees 6 1 3 months 1

Number of staff

1 6 PECC3 1 2 i ' 6 months I - - - I 7 [ Independent External Monitoring I 2 I 6 months I

The independent external monitoring agency shall dedicate their apt workforce to satisfy the external monitoring requirement of the WB with defined schedule. They shall commence their monitoring work right from the beginning of the RP implementation through its completion. The external monitoring is required to carry out the monitoring 6 months after the completion of the RP implementation for the surveying of the satisfaction level of DPs. It is estimated that I Inception Report, 6 Progress Reports and 1 Final Report will be prepared by the Independent Monitoring Agency.

8.4.2 Training and Workshop

In order to carry out RP implementation smoothly and effectively, prior to RP implementation, organizing trainings, workshops for social safeguard staff of PMB and officials of local authorities are necessary. The trainings, workshops will be held by PMB with Technical Agency of the WB resettlement officers. The objectives of trainings, workshops are to guide all relevant agencies/people for taskforces, requirement for carrying out DMS survey, and steps of RP implementation as well as monitoring and evaluation, report preparation, base line data management.


One Intermediate training course and one primary training course are proposed to be organized at the initial stage of the RP implementation.

One workshop for all RP implementation related personnel is proposed to be held by the initial stage of actual payment of compensation.

The training courses and workshops are to be organized within a short course of time i.e. 1-2 days.

Table 8-2 Number of proposed trainees

1 1 Intermediate training I I

Content No.

1.1

1 1.2

Resettlement Organization

1.3

Number of Staff

PMB

Provincial CRC

1.4

I implementation. - Community participation and

consultation. - Complaints and grievances

1

District CRCs

2.

2.1

2.2

- - - - - -

Notes The independent external monitoring agency is supposed to be a professional agency in the field of external monitoring of RP implementation and their training is not required.

2

1

PECC3

8.5 Grievance and complaint

- DMS, entitlement determination. - Key &' policies.

2

Primary training Officers of communes

Internal monitoring office

Since the entire resettlement and rehabilitation program is being carried out with the participation of the DPs and the impacted scale of this project will be relatively small, it is expected that no grievance issue will arise. However, to ensure that the DPs have avenues for redressing their grievances related to any aspect of compensation and resettlement, detailed procedures of redresses of grievances have been established for the project. The objective is to respond to the complaints of the DPs speedily and in a transparent manner. The mechanism is designed to be easy, transparent and fair. By resolving grievances at the project level, the progress of the project would be more effective ascertained.

- Mechanism for redressing the complaints1 grievances.

2

The procedures are as follows:

Stage I - Commune level

- Internal and External Monitoring and evaluation of RP implementation

6

2

If any person is aggrieved by any aspect of the resettlement and rehabilitation program, he/she can lodge an oral or written grievance with commune authorities. In case an oral compliant is made, it will be written on paper by

- DMS, inventory, survey - Key RP policies. - Monitoring and evaluation of RP


the commune and processed. Commune People's Committee will settle the issue within 15 days.

Stage 2 -District level

If any aggrieved person is not satisfied with the decision in Stage 1, helshe can bring the complaint to the attention of the district CRC and within 15 days from the date of the receipt of the decision in Stage 1, the district CRC will reach a decision on the complaint within 15 days

Stage 3 - Provincial level

If any aggrieved person is not satisfied with the decision in Stage 2, helshe can bring the complaint to the attention of the provincial CRC and within 15 days from the date of the receipt of the decision in Stage 2, the district CRC will reach a decision on the complaint.

The Decree No. 197/2004RVD-CP (Art. 39) entitles DP to jZe complaint with the CRC or the People's Committee at the same level, regarding decisions concerning damage to the property. The responsibility, time and procedures to settle the complaint shall be in line with Article 138 of the 2003 Land Law and Articles 162, 163 and 164 of Decision 181/2004/ND-CP dt. 29 Oct., 2004 of the Government on the implementation of Land Law.

In extreme cases, the DP can bring the issues to Court by using the Bureau of Law Consultants, free of charge.

Stage 4 - Court Case

If the DP is still dissatisfied with the decision in Stage 3, helshe can bring the case to the district Court in accordance with the "Civil Procedure Act" and within 15 days of receiving the decision of in Stage 2, the case shall be settled in the district Court without any charges or fees. The district Court's decision will be a legal basis for compensation.

DPs can make an appeal on any aspect of the resettlement and rehabilitation program, including compensation rates being offered.

Please see Figure 8-1 for Grievance Redress Administrative and Juridical Structures Available to DPs.


Figure 8-1 Grievance redress administrative and juridical structures available to DPs

Provincial CRC

District el A District Court

I . I Commune I I Mass Media People's Committee 4

Complaints

A Bring to Court

8.6 Monitoring and supervision

The implementation of RP shall be constantly supervised and monitored by PMB in coordination with local Peoples' Committees.

An independent consulting agency will be entrusted with external monitoring tasks. The selection of this agency will be submitted to the approval of PMB and WB.

The selected independent external monitoring agency shall be contracted by the PMB immediately after RP approval and shall begin supervision and monitoring activities form the beginning of the implementation phase.

8.6.1 Internal monitoring

Internal supervision and monitoring include the following activities:

- Monitoring the population and socio-economic surveys of DP and the inventory of DP assets, status, occupation and living conditions and supervising the implementation of compensation, resettlement and rehabilitation for the DP in .the terms agreed by the DPs.

- Monitoring whether the implementation of resettlement and compensation tasks are carried out as provided in this W.

- Monitoring the availability and quality of replacement land.

- Monitoring the timely and sufficient deployment of resettlement and compensation funds for this RP.

- Investigate and fairly assess each case of complaint and grievance.

TD2 project - Credit 4107-VN Resettlement p Ian Tan Dinh - Uyen Hung 220kV transmission line

- Internal monitoring agencies will prepare a quarterly report detailing the progress of RP implementation. Such a report should be made available to appropriate GOV authorities, WE3 and external monitoring agencies.

8.6.2 External monitoring

Beside evaluation the quarterly reports produced by internal monitors and conduct the same thing of investigation assigned to internal monitoring, the external monitoring agency will be responsible for the following:

- At the beginning of RP implementation, review unit costs of compensation applied in RP, check at the site for ensuring that, the compensation costs are at replacement value or otherwise, recommend to PMB and PPC for adjusting.

- Evaluation of inventory survey (DMS) and Entitlements to DPs.

- Evaluation of socio-economic project impact on the DP.

- Supervision of the implementation of RP to achieve the objectives of the RP in particular "to improve or at least maintain the incomes and living conditions of the DP after the resettlement".

- Putting forward the amendments for the implementation of RP so as to achieve the objectives of this RP.

- Offering suggestions on how improve RP programs.

- Closely monitoring compensation activities and be prepared to give informed evaluation of Complaint and grievances cases.

- Write working reports to be submitted to PMB and WB every 6 months.

- Produce a final document to be prepared six months after the completion of the entire resettlement program. This document shall provide detailed evaluation of the RP and its implementation, shall document both by means of interviews with the DP the situation and the opinions of -these latter after they have been resettled and compensated.

- Finally, on the bases of the RP implementation experience this document shall provide suggestions both to help reinforce local RP expertise and to improve future resettlements plans.

Terms of Reference (TOR) for independent monitoring will be prepared by PMB and will be sent to WE3 for its concurrence prior to invitation of independent monitoring.


9. COSTS AND BUDGETS

9.1 Budgets

Budget for RP implementation will be the counterpart funds: EVN/SPPMB is to cover overall budgets for all components of RP implementation.

9.1.1 Flow of fund

Fund for the implementation of RP will be from EVNISPPMB.

SPPMB will combine with CRC to pay compensation cost for all PAHs based on decision of Provincial People's Committee.

9.1.2 Inflation adjustment

The rates of compensation and cash entitlements for rehabilitation and allowances payable to the DPs shall be reviewed and, if necessary, adjusted at the actual time of RP implementation based on the actual annual inflation rate upon request of the CRC.

9.2 Basis of calculations of compensation cost

Compensation cost estimate for temporary and permanently impacted house, structure, land, trees and crops based on:

- Decree No. 19712004ND-CP dated Dec. 3rd, 2004.

- Decisions for unit costs of compensation of Binh Duong Provincial People's Committee.

- Survey for land price by PECC3 in the period of carrying out impact survey (Feb., 2008).

9.3 Compensation unit prices

Decisions for unit costs of compensation of Binh Duong Provincial People's Committee are applicable for this subproject.

The contingency component would cover such differences by the time of actual RP implementation.

9.3.1 Compensation unit prices for houses and structures

The compensation unit prices for structures approved by the the People's Committees of Binh Duong province reflect the building materials and labor costs proposed by the local construction contractors.


Table 9-1 Compensation unit prices for houses

Unit: V N D / ~ ~

No.

1

Notes DPs with house made by metal in ROW will be supported cost for installing fireproof materials and lightning arrestors in order to exist in ROW. Unit price of this subs@ allowance is estimated as rounded up 1,000,000r?VD.

Decision ~ i . 2 2 1 2 0 0 8 1 ~ ~ - LBND dated Jun. 24*, 2008

DPs with house/structures under cat.4 in ROW will be supported cost for improvement in order to exist in ROW. Cost of improvement is proposed to be equal to constructing a new house/structure in replacement cost.

Province

BinhDuong I I

House cat.temp0rar-y

9.3.2 Compensation unit prices for land

Compensation for land shall be at replacement cost.

House cat.4

Land unit price is established separately conforming to the regular price frame of the Decree No. 188/2004/ND-CP and Circular No. 1 14/2004/TT-BTC.

A

1,800,000

Chapter I1 of Decree No. 188/2004/ND-CP - Methods of Defining Land price, which is elaborated in Chapter I of Circular No. 1 1412004lTT-BTC (i.e. Art. 1: 'the direct comparison method' and Art. 2: 'the income method') ensure the adjustment of unit cost to meet replacement value at the time of issuance of unit cost. These unit prices are based on the replacement costs for land, house, trees and market prices for crops.

However, the compensation unit costs will be reviewed by local authorities and Independent External Monitoring Agency at the initial stage of RP implementation and the amendment will be done by the provincial People's Committee (if required and to be used for calculation the entitlements of DP) to ensure that DP will be compensated at the replacement costs for land, house, trees and market prices for crops according to this RP policy.

B

1,350,000

Table 9-2 Compensation unit prices for land

C

1,050,000 1

Unit: V N D / ~ ~

Notes: Compensation unit prices only listed where impact may occurred

Based on survey on landprice of PECC3 (Feb., 2005), the project applies coeficient k = 3 in order to keep the market of land unit price.

No.

1

I Thu Dau Mot township

Tan Uyen district

Province

Binh Duong: Decision No. 12412007lQD- UBND dated Dec. 21"' 2007

1,425,000

900,000

Residential land

135,000

80,000 90,000 30,000

Annual trees land

Perennial tree land


TD2 project - Credit 4 107-VN Resettlement plan Tan ~ i n h - Uyen Hung 220kV transmission line

9.3.3 compensation unit prices for trees and crops

Compensation for crops shall be at market price.

According to Circular 1 14/2004/TT-BTC of Ministry of Finance, compensation for fruit trees is determined based on the remaining harvests, perennial trees to be compensated at the replacement cost and annual crops to be compensated at the average yields of three latest years.

Comparison of the applicable local unit prices, surveyed market prices and prices proposed by DP shows -that the unit prices are not much altered.

'"Id 1 000'002


9.4 Total estimated cost for RP implementation

9.4.1 Cost of detail measurement survey

- Construction fees: 2 times x 200,000VND = 400,000 VND

- Land survey fees: 1 time x 200,000VND = 400,000VND

- Land survey cost: 37.5ha x 5,000.000VND/ha = 1 87,500,000 VND

- Cost of setting up landmarks for clearance:

100 landmarks x 150,000VND = 15,000,000 VND

Total: 203,300,000VND

9.4.2 Cost of compensation and rehabilitation

Based on the impacted categories and extent of impacts which described in the above parts, compensation and rehabilitation costs are included:

- Compensation for permanently land acquisition.

- Compensation for temporary and permanently trees and crops (including the cost of cutting the trees).

- Compensation for houses and structures required to be removed (including demolishment cost).

- Allowances for rehabilitation, consists of: transport allowance, allowance for production and rehabilitation, allowance for change of occupation etc.

- Incentive for timely movement.

- Supporting cost for improvement and/or installing freproof materials and lightning arrestors of house/structure in ROW.

Table 9-4 Cost of compensation and rehabilitation - Phu Chanh commune, Thu Dau Mot township

No. Components Unit Quantity

I 1

2

3

Compensation for land ()

Residential land

Annual trees land

Perennial tree land

4 Production forest land

5 Specific used land m2 3 70 4,275,000 1,581,750,000

11 Compensation for crops and trees

a Annual trees

m2

m2 m2

b

1

4,275,000

405,000

474,000

Perennial trees

Durian

1,581,750,000

0

0

0

Tree 2,000,000

I 0

0


Notes:

(): Based on survey on landprice of PECC3 (Feb., 2008), the project applies coeflcient k =

3 in order to keep the market of land unit price.

t' This subsidji is estimated as rounded up 1,000,000VND. This subsi& is applied for DPs with house/structure cat.4 in ROW-

Quantity Unit

Tree

No.

2

(3) This subsidy is cost applied for DPs with temporary house/structure in ROW. Cost is proposed to be equal to constructing a new house/structure in replacement cost, as 700,000 W D / ~ ' .

Components

Longan

4

5

6

7 8

9

10

11

12

13

14

15

c

Unit price W)

500,000

Amount rn)

0

Banana

Bamboo

Pomelo

Jackfruit

Eucalyptus/ indigo Coconut

Plum

Papaya

Custard apple

Star apple Rubber

Cashew

Cost for cutting trees

d Cost for digging up the root Tree

B COMPENSATION - Temporary impact

Tree

Tree

Tree

Tree

Tree

Tree

Tree

Tree

Tree

Tree

Tree

Tree

Tree

I 1

2

3

4

5

N

1

C

1

15,000

8,000

500,000

500,000

50,000

300,000

200,000

15,000

200,000

500,000

180,000

160,000

25,236

Compensation for land Residential land

Annual trees land

Perennial tree land Production forest land

Specific used land Compensation for crops and trees Paddy and crops

ALLOWANCES Subsidy for installing fireproof materials and

2 lightning arrestors ( ) Subsidy for improving 1 houselstructure ( ) 3

TOTAL (A+B+C)

0

0

0 1

0

0

0

0

0

0

0

0

0

0

m2

m2

m2

m2

m2

m2

unit

m2

95,650

I

0

0

& 0

3,000

1,000,000

1,050,000

0

0

0

0

1,581,750,000


Table 9-5 Cost of compensation and rehabilitation -Tan Hiep commune, Tan Uyen district

No.

A

Quantity Components

COMPENSATION - Permanent impact 4,833,466,145

2 Annual trees land

3 Perennial tree land

(VND) Unit

4

1 5

II

a

1

Amount '0

1 Production forest land

1 Specific used land Compensation for crops and trees

I Annual trees

Paddy and crops

b I Perennial trees 1,270,755,000

1 / Durian 3 2,000,000 4,500,000

2 Longan

3 Mango chy 200 500,000 40,000,000

1 m2 m2

m2

4

5

6

7

8

9

10

11

12

13

14

15

c

d

I 330.6

1 107.3

1 1,325.4

I I Banana

I Bamboo

1 Pomelo

I Jackfruit

1 Eucalyptus1 indigo

Coconut

1 plum

I Papaya Custard apple

1 Star apple

Rubber

Cashew


Cost for digging up the root

90,000

2,700,000

3,000

I

I chy

1 ciy 1 chy

1 chy

chy

c ly

chy

1 cfiy

chy I cly

chy

chy

c&

1 ciiy

B

I 1

2

3

4

5

11

29,758,275

289,791,000 1 3,609,721,013

2,650,859

2,650,859

2010

66,194

62,2 14

14,182

5,873

I

1 151

1 22,140

4

10

1 7,217

5

10

14

12

1 2

COMPENSATION - Temporary impact


Annual trees land

Perennial tree land


Specific used land Compensation for crops and trees

94,090,000 -+ 3 0

94,090,000 ~

1 m2 m2

m2

m2

m2

4,535

296 34,609

1 34,609 pp

15,000

8,000

500,000

500,000

50,000

300,000

200,000

15,000

200,000

500,000

2,265,000 ( 132,840,000

800,000

1,000,000

7 1,200,000

400,000


Amount (VND) 94,090,000

3 11,000,000

17,000,000

294,000,000

5,238,556,145

Table 9-6 Cost of compensation and rehabilitation - Uyen Hung town, Tan Uyen district

Unit

m2

m2

m2

m2

m2

m2

ciiy

ciy

ciiy

ciy

ciiy

ciy

ciiy

ciiy

ciiy

ciiy

ciy

1 ciiy cay

ciy

C$Y

cdy

cdy

Quantity

769.5

1,548.1

0

627.7

769.5

60

325

90

220

10

23

19,906

28

24

12

23

10

23 o 20,961

20,961

No.

A

I 1

2

3

4

5

11

a

1

b 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

c

d

Components

COMPENSATION - Permanent impact


Annual trees land

Perennial tree land


Specific used land Compensation for crops and trees Annualtrees

Paddy and crops

Perennial trees

I Durian

I Longan

I Mango

1 Banana

1 Bamboo

1 Pomelo

Jackfruit

Eucalyptus1 indigo

Coconut

Plum

Papaya

custard apple Star apple

Rubber

Cashew


Cost for digging up the root

Unit price (m)

2,700,000

240,000

270,000

90,000

2,700,000

3,000

2,000,000

500,000

500,000

15,000

8,000

500,000

500,000

50,000

300,000

200,000

15,000

200,000 500,000

180,000

160,000

25,236

42,2 70

Amount (VND)

0

1,694,8 17,000

1,538,973

1,538,973

1,126,250,000

7 12,000,000

65,000,000

1,350,000

1,320,000

2,000,000

4,600,000

995,300,000

5,600,000

2,400,000

180,000

2,300,000 2,000,000 4


No.

B

I 1

2

3

4

5

11

1 Paddy and crops m2

C ALLOWANCES Subsidy for installing

1 fireproof materials and cai lightning arrestors Subsidy for improving house/stlucture m2 49 1,050,000 34,300,000

TOTAL (A+B+C)

Components

COMPENSATION - Temporary impact


Residential land Annual trees land

Perennial tree land Production forest land

Specific used land Compensation for crops and trees

Unit

m2

m2

m2

m2

m2

Quantity

600

28,639

46,525

3,220

46,702

Unit price (vM>)

Amount (VND)

50,472,000

0

0

0

0

7 0

50,4 72,000


~ pppppp

Table 9-7 Summary of compensation and rehabilitation

Unit: VND

No.

1

1 . 1

1.1.1

1.2

1.2.1

1.2.2


Binh Duong

Thu Dau Mot

Phu Chanh

Tan Uyen

Tan Hiep

Uyen Hung

Total

Total

1,581,750,000

5,692,176,s 75

5,114,135,861

12,388,062,436

Compensation - permanent impact

Land

1,581,750,000

1,223,745,132

2,297,486,136

5,102,981,268

Allowances

0

458,000,000

56,450,000

514,450,000

Trees and crops

0

3,869,296,443

2,684,491,725

6,553,788,168

Compensation - temporary impact

Land

0

0

0

0

Trees and crops

0

141,135,000

75,708,000

2 16,843,000


9.4.3 Cost for CRC

Cost for CRC is estimated as at 2% in max. of total cost of detail measurement survey, compensation and rehabilitation.

9.4.4 Cost of training, workshop, information campaign etc.

Training course and workshop are proposed to be organized right at the beginning of the RP implementation and at the commencement of actual payment of compensation.

Considering the insignificant number of project related communes, the training course and workshop are proposed to be organized within a short course of time i.e. 1-2 days.

Total cost of training courses and workshop (including documentations, admin, fees) is estimated as at about 10,000,000VND.

9.4.5 Cost of monitoring

Cost of the independent external monitoring of RP implementation is estimated at about 50,000,000VND.

The interested independent external monitoring agency will prepare the technical and financial proposals for bidding and actual cost will be decided through procurement for independent external monitoring agency.

9.4.6 Contingency for slippage in land prices

Based on land price fiarne in 2008 attached to Decision No.l24/2007/QD- UBND dated ~ e c . 2 lSt, 2007 of Binh Duong Provincial People's Committee and price fiarne in 2007 attached to Decision No.207/2006/QD-LTBND dated ~ e c . 2 5 ~ , 2006, unit price of land categories in 2008 increases around up 150% of unit price of land categories in 2007.

Hence, the contingency for slippage of land prices is estimated as 150%/year in 2 years.

9.4.7 Contingency

The rate for contingency is estimated about 5% of total cost of compensation and implementation.

9.4.8 Total cost of RP implementation


Table 9-8 Total cost of RP implementation

Notes Overall budget for this RP implementation isji-om the counterpart: E VNISPPMB.

Components

1. Implementation stage - DMS

2. Compensation and rehabilitation

Compensation - Permanent impact


Compensation for crops and trees

Compensation - Temporary impact


Compensation for crops and trees - Allowances

Subsidy for installing fireproof materials and lightning arrestors

Subsidy for house/structure improvement

Sub-total 2

3. Cost for CRC = 2%*(1+2)

4. Trainings, workshop, information campaign etc.

5. External monitoring

6. Contingency for slippage of land prices (150%/year) x 2 years

7. Contingency = 5%*(1+2+3+4+5+6)

Total (1+2+3+4+5+6+7)

Amount (VND)

203,300,000

5,102,981,268

6,553,788,168

0

2 16,843,000

22,000,000

492,450,000

12,388,062,436

251,827,249

10,000,000

50,000,000

15,308,943,804

1,410,606,674

29,622,740,163

TI17 pro-jcct Credit 4 107-VS Iicscttlement plan Tan Dinh [;yen Fluno 720kV transmission line - - _ _ . . . 3.- ~

- -~ - ~ - . ... . .-. - -.

lo. DISCLOSURE

Afer cleared by EVN and WB, the RP of the project will be disclosed at locality and at Vietnam Development and Information Center (VDIC) of the World Bank office in Hanoi (Apr., 2009 as proposed).


Map of project area

Policy framework for compensation, resettlement and rehabilitation

Entitlement matrix

Agreements on route of the transmission line

Minutes of community meetings

Sample of 'Questionnaire'

Sample of 'Pamphlet'

Q 8. Housing categories (Vietnamese construction standards) a !3. Socio-economic household data sheet of DPs a 10. Inventory of DPs

1 1 Details of entitlement of DPs


Appendix 1

Map of project area


Appendix 2

Policy framework for compensation, resettlement and rehabilitation

Annex A: CORRECTED RESETTLEMENT POLICY FRAMEWORK

Vietnam: Transmission and Distribution I I Project

POLICY FRAMEWORK FOR COMPENSATION, RESETTLEMENT

AND REHABILITATION OF PROJECT DISPLACED PERSONS

hlny 2005, Corrected August 2007

TABLE OF CONTENTS

Section 1:

Section 2:

Section 3:

Section 4:

Section 5:

Section 6:

Section 7:

Section 8:

Introduction

A. The Project B. Definition of Key Terms C. Policy Framework D. Principles and Objectives E. Resettlement Plan

Institutional and Legal Framework

A. Institutional Framework B. Legal Framework

Entitlement Policy

Site selection, site preparation, and relocation

People's Participation

Baseline Information

A. Inventories B. Resettlement Plans

Implementation Arrangements

A. Implementation Schedules B. Complaints and Grievances C. Supervision, Monitoring and Evaluation

Costs and Budget

A- 1 Second Transmission and Distribution Project

Corrected Resettlement Policy Framework August 2007

SECTION 1 INTRODUCTION

A. The Project

1. The overall development objective of the VN TD 2 projects is to: To alleviate power shortages and improve the quality of power supplies by improving

transmission and distribution network capacity; Raise transmission and dispatch efficiency and improve power system reliability; and Promote and support the reform and restructuring of the electricity sector.

2. The project will include three Project Components:

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Component I : Transmission and distribution expansion and rein forcement

This component will support investments at the 500 kV transmission level as well as in the 220 kV and 110 kV sub-transmission levels to alleviate power shortages and reduce equipment overloads, and improve system reliability and efficiency by upgrading and modernizing the transmission and distribution system. At the 500kV level, about 540 km transmission lines and 1500 MVA of new transformers will be built to enable the evacuation of power from the planned major generation centers at 0 Mon in the South and at Quang Ninh in the north. Substation reinforcements will be made at 500 kV and 220 kV levels to meet increased demand in Ho Chi Minh city. Additional measures will also be taken to strengthen transmission system control, protection and reactive capability so as to improve the quality and stability of the bulk power system. At the 220 kV level, the Project consists of two GIs substation constructed in Southern Vietnam. The capacity of the Binh Tan and Hiep Binh Phuoc 220 kV substations is 1000 MVA.

At the 1 lOkV level, about 50 krn of lines and 80 MVA to new transformer capacity will be built to improve network capacity, remove bottlenecks and meet growing demand from smaller load centers in Central Vietnam. Additional subcomponents may be substituted for proposed investments beyond the first year based on criteria set out in the project pre- feasibility study, and joint agreement between IDA and the Government of Vietnam.

Implementing agencies of the component are EVN Central and Southern Project Management Boards, Hochiminh City Power Company and Power Company 3 (EVN PMBs). Other implementing agencies under EVN may be added at later stages upon agreement with IDA.

Components 2 and 3: Strengthening of the NLDC and integration with Commercial Metering, Technical Assistance and Capacity Building

To implement for the first project component, land acquisition will be required. According to the project design, three (03) separate RPs will be prepared prior to the appraisal of the project. These include the RPs for the Cai Lay to IVha Be line 1 0 Mon substation, and for the two GIs substations at the Binh Tan and Hiep Binh Phuoc.

A-2 Second Transmission and Distribution Project


RPs of remaining project implementation schedule subcomponent).

phases will be prepared later based on the proposed project and this Resettlement Policy Framework (one RP for each

B. Definition of Key Terms

i)Displaced Persons (DPs)

The DPs include the person or persons, household, firm, or a private or public institution to be identified by the baseline information collected for each of the Inventories and Resettlement Plans (RPs) as specified in E, Surveys and Documentation, Para. (iii), who, on account of the execution of the Project, has experienced or would experience direct economic and social impacts caused by:

(a) the involuntary taking of land, resulting in:

relocation or loss of shelter;

loss of assets or access to assets; or

loss of income sources or means of livelihood, whether or not such person must move to another location; or

(b) the involuntary restriction of access to legally designated parks and protected areas, resulting in adverse impacts on the livelihood of such person.

"Displaced Persons7' means, collectively, all such Displaced Persons.

ii) Compensation

Compensation includes the process of financial or material reimbursement of DPs who lost partial or the absolute value of their assets as a result of the Project. Compensation also includes the valuation and reimbursement in monetary terms or in kind of financial and physical losses as a result of impacts of the Project.

iii) Cut-off date

The cut-off-date is the last day of the survey when all DPs have been accounted for. After the cut-off date, no other DPs may be included in the inventory of DPs. The inventory lists all potential DPs, including their baseline information. People who move residences or business assets into or within the marked right of way after the cut-off date are not entitled to compensation under this policy framework.

iv) Rehabilitation

Rehabilitation means providing assistance to DPs severely affected due to the substantial or entire loss of productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets in order to improve, or at least achieve full restoration of incomes and living standards to the pre-project levels.



v) Replacement Cost

With regard to land and structures, "Replacement Cost" is defined as follows:

(a)For agricultural land: it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes.

@)For land in urban areas: it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes.

(c)For houses and other structures, it is provided by the Provincial People's Committee based on the market cost (at the time of compensation) of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset.

(d) Crops, trees and other perennials based on current market value

i. Compensation for annual crops is equivalent to the production over the last three years multiplied by the market price for agricultural products at the time of the calculation of the compensation.

. . 11. Compensation for trees includes total investment cost plus production

cost from the time of its planting to the expropriation. In case this cost cannot be determined, the compensation will be calculated on the basis of the type, age and productive value.

Other assets (i.e., income, cultural, aesthetic) based on replacement cost or cost of mitigating measures. For example, compensation for the removal of graves includes all expenditures for exhumation, removal and reconstruction to its original state.

vi) Resettlement

Resettlement refers to all measures taken by the Project Proponent to mitigate any and all adverse social impacts of a project on the DPs, including compensation for lost assets and incomes and the provision of other entitlements, income rehabilitation assistance, and relocation, as needed.



vii) Right o fway

For this Policy Framework, Right of Way (ROW) is determined as a safety corridor along a power line, or substation with width, length and height specified in the Decree 54/1999/ND-CP dated July 8, 1999 on Protection of Safety for High Voltage Power System.

viii) Vulnerable Groups

Vulnerable groups include those distinct groups of people who might suffer disproportionately or face the risk of being marginalized by the effects of resettlement, and specifically include: (a> Poor and very poor communes as identified by the 1999 national survey results.

(b) Ethnic minorities (see Policy Framework and Guidelines for Ethnic Minority Development Plan).

(c> Mentally and physically handicapped people or people in poor physical health.

(d) Infants, children and women.

(e) Households without security of tenure or with tenure status.

ix) DPs Without Legal Title

DPs without legal title are occupants of land and housing without legal ownership rights and individuals or groups of people with shops conducting business in the immediate project areas without official registration and will be adversely impacted by the Project through displacement. DPs without legal title are entitled to compensation provided their assets affected by the project were documented in the pre-project census prior to the cut off date.

47.

x) Ethnic / Indigenous People

Ethnichdigenous People are defined as persons who belong to a minority tribal group affected in part or in total (temporarily or permanently) by the Project due to acquisition of their lands, dwellings, disturbance of their place of work, and other Project-related adverse impacts.

xi) Land Use Registration Certificate (LURC)

LURC is similar to a title granted to DPs that legalize their use of the lands andlor houses they occupy.

xii) Relocation Site

The relocation site is defined as the area allocated for the resettlement of DPs living in the areas of TD2 sub-projects that are severely affected and who choose relocation over cash compensation.


Corrected Resettlement Policy Framework ~ u g u s t 2007

(g) The previous level of community services and resources will be maintained or improved.

(h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required.

(i) Institutional arrangements will ensure effective and timely design, planning, consultation and implementation of RPs.

(j) Effective and timely supervision, monitoring and evaluation of the implementation of RPs will be carried out.

E. Resettlement Plan (RP)

The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement.

Abbreviated Resettlement Plan

In case impacts on the entire displaced population are minorl, or fewer than 200 people are affected, an Abbreviated Resettlement Plan (ARP) will be prepared by the respective Project Management Board (PMB) and consolidated by EVN for any given year, and furnished to the World Bank for its concurrence.

Each Abbreviated Resettlement Plan will cover the following minimum elements: (1) a census survey of displaced persons, and valuation of assets; (2) description of compensation and other resettlement assistance to be provided: (3) consultation with displaced persons about acceptable alternatives; (4) institutional responsibility for implementation and procedures for grievances redress;: and (5) a timetable and budget. In the case some displaced persons, lose more than 20% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures.

The Abbreviated Resettlement Plan will be completed bv no later than four months prior to the estimated date for commencement o f the works under the project. Each Abbreviated Resettlement Plan will be firrnished to the World Bank for consideration no later than three months prior to the actual initiation o f the works under the Project. Compensation, resettlement and rehabilitation activities will only commence after the World Bank has found acceptable the respective Abbreviated Resettlement Plan and EVN has approved it The comuensation, resettlement and rehabilitation activities will be completed before awarding the contracts o f civil works under each sub-proiect.

Resettlement Plan

In case more than 200 people are affected by the project, a Full Resettlement Plan (FW) will be prepared by the respective PMB in accordance with the provisions of this Policy Framework. The RP will be fUrnished by the EVN PMB to the World Bank for its concurrence.

1 Impacts are considered "minor" if the affected people are not physically displaced and less than 20% of their productive assets are lost


Corrected Resettlement Policy Framework A U ~ U S ~ 2007

C. Policy Framework

This resettlement policy framework prepared based on the OP 4.12 of the World Bank on involuntary resettlement (December, 2001). The principle objective of the Policy Framework is to ensure that all displaced persons (DPs) will be compensated for their losses at replacement cost and provided with rehabilitation measures to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity.

The Policy Framework lays down the principles and objectives, eligibility criteria of DP's, entitlements, legal and institutional framework, modes of compensation and rehabilitation, people participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DPs.

D. Principles and Objectives

The principles outlined in the World Bank's Operational Policies 4.12 (OP 4.12) have been adopted in preparing this Policy Framework. In this regard the following principles and objectives would be applied:

(a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible.

(b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (T/L), surrounding areas of tower foundation, the substation areas, in the service roads under the project as of the date of the baseline surveys are entitled to be provided with rehabilitation measures suficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack o f leaal riahts to the assets lost should not bar the DPs fiom entitlement to such rehabilitation measures.

(c) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DP's choice; (iii) replacement of residentidpremise land of equal size acceptable to the DP or in cash at replacement cost according to DP's choice; and (iv) transfer and subsistence allowances.

(d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DPs.

(e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DP's prior to the expected start-up date of works in the respective Project site.

(f) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the DPs, to ensure minimal disturbance. Entitlements will be provided to DPs prior to expected start-up of works at the respective project site.



Each RP will include: (1) description of the project; (2) project potential impacts; (3) objective; (4) socio-economic studies; (5) legal framework; (6) institutional framework; (7) eligibility; (8) valuation and compensation for losses; (9) resettlement measures; (10) site selection, site preparation and relocation; (1 1) housing, infrastructure, and social services; (12) environmental protection and management; (13) participation and consultation; (14) integration with host populations; (1 5) grievances procedures; (1 6) organizational responsibilities; (1 7) implementation schedule; (1 8) cost and budget; and, (1 9) monitoring and evaluation.

Each RP will be completed bv no later than six months ~ r i o r to the estimated date for commencement o f the works. Each RP will be furnished to the World Bank for consideration bv no later than three months prior to the actual initiation o f the works under the Project. Rehabilitation and assistance activities will only commence afler the World Bank has found acceptable the respective RP and EVN has approved it. Rehabilitation and assistance activities will be completed before awarding contracts of civil works under each sub-project.

SECTION 2 INSTITUTIONAL AND LEGAL FRAMEWORK

A. Institutional Framework

The responsibility for preparing and implementing the Policy Framework and RPs are as follows:

(a) The overall responsibility for enforcement of the Policy Framework and for planning and implementing RPs rests with PMBs and Power Companies in charge of EVN (EVN PMB). EVN PMB is responsible for preparing Inventories and RPs and for the day-to-day implementation thereof within their respective jurisdiction. The peoples committees at the commune level will ensure the active and effective participation of the DPs in the preparation and implementation of RPs. In order to have RPs acceptable to the World Bank to implement the RP smoothly, EVN PMB is responsible for i) hiring qualified consultants to prepare W s ; ii) appointing qualified social safeguard staff at each PMB.

(b) Funds for implementing RPs will be from EVN funds, established in consultation with local governments (provincial, district and commune peoples committees) and the DPs.

B. Legal Pramework

This section reviews the legal framework and policies of the Government of Vietnam and IDA policies related to land acquisition, compensation and resettlement. It then compares the two approaches. Since there are differences between the WB's policy and the Vietnamese's, the Project requires a waiver of the Vietnamese Government articles of decrees and regulations concerning compensation and resettlement. Subsequently, compensation and resettlement plans will be implemented according to the project policies.

This Resettlement Policy Framework will apply the various laws, degrees, and circular regulating use of land in Vietnam as well as the World Bank policy.



The 2003 Land Law enacted by the National Assembly of Viet Nam on November 26, 2003, provides that: "the persons with land to be recovered shall be compensated with the assignment of new land of the same use purposes; if having no land for compensation, shall be compensated with the land use right value at the time of issuance of the recovery decisions. The People's Committees of the provinces and centrally-run cities shall elaborate and execute resettlement projects before the land recovery for compensations with dwelling houses, residential land for persons having residential land recovered and having to move their places of residence. The resettlement zones must have development conditions being equal to or better than the conditions in the former places of residence. In cases of having no resettlement zones, the persons having land recovered shall be compensated with money and given priority to purchase or lease dwelling houses under the State's ownership, for urban areas; be compensated with residential land, for rural areas. In case of recovering land of households and/or individuals, that are directly engaged in production, but having no land for compensation for continued production, apart from pecuniary compensations, the persons having land recovered shall be supported by the State to stabilize their lives, with training for change of their production and/or business lines, with the arrangement of new jobs." (Article 42)

Decree 197/2004/ND-CP issued by GOV on December 3,2004, in replacement of Decree 22CP, regulates compensation, support and resettlement when land is recovered by the State. This Decree guides the implementation of compensation for land, compensation for property, support policies and resettlement relating to land acquisition.

Circular No. 1 16120041TT-BTC issued on December 7, 2004 by the Ministry of Finance provides guidelines to implement the Decree 19712004lND-CP

Decree 601CP issued by GOV on July 5, 1994 regulates property ownership and Land Use Rights in urban areas.

Decrees 61lCP issued by GOV on July 15, 1994 regulates dwelling house purchases, sales and business.

Decree 88lCP issued by GOV on 17 August 1994 regulates the Management and Use of Urban Land.

Decree 45lCP issued by GOV on 3 August 1996 regulates the Amendment of Article 10 of 60lCP (51711 994).

Decree 18812004/ND-CP issued by GOV on November 16, 2004 sets the methodologies for defining land prices and land price fiarne of various categories of land. This Decree setforth the minimum and maximum prices of different types and categories of land covering the whole country. These prices have been established for the purpose of land acquisition by Government, tax value for transfer of land use rights, leasing government land and national and public purposes.



Circular 114/2004/1T-BTC issued by Ministry of Finance on November 26, 2004 guides the implementation of the Decree 188. This Circular elaborates in details the methodologies (i.e. direct comparison method and income method) for the land price verification of different types and categories of land in different regions/areas to ensure the replacement cost.

Law on Taxation of Land Use Right Transfer, approved by the National Assembly, on June 22, 1994.

Law to regulate and amend some articles of the Law on Taxation of Land Use Right on December 2 1,1999.

Decree 114lCP issued by GOV on 5/9/1994 regulates the Implementation of the Law on Taxation of Land Use Right Transfer.

Ordinance on taxation of Land and Housing issued on October 10, 1992 by State Council of Vietnam.

Ordinance for regulation and Amendment of Ordinance on Tax of Land and Housing (1 992) issued by National Assembly on January 1,1994.

Decree 94/CP issued by GOV on 25/8/1994 regulates the Implementation of Ordinance for Tax of Land and Housing.

OEcial letter No. 2944lTC-TCT dated October 28, 1995 of Ministry of Finance regulates the tax remission of housing program.

Law on Petition and Accusation approved by National Assembly on December 02, 1998.

Decree 54/1999/ND-CP issued by GOV on 8/7/1999 defines the protection of high voltage systems.

Decree No. 67/1999/ND - CP, issued by GOV on 7/8/1999 regulates in detail the Law on Petition and Accusation.

World Bank Policy on Involuntary Resettlement (OP 4.12)

18.1 The primary objective of the World Bank policy is to explore all alternatives to avoid o r a t least minimize involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that prevailed prior to the Project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, o r access to them, and the loss of income sources or other means of livelihood.

18.2 Measures required to ensure that resettlement has a positive outcome include:

Consulting with potential DPs on feasible measures for resettlement and rehabilitation;



Providing DPs with options for resettlement and rehabilitation; Enabling their participation in planning and selecting these options; Providing compensation at full replacement cost for losses; Choosing relocation sites that provide, at a minimum, the same benefits and services as the sites they replace; Providing allowances, training and income support to assist in making a smooth transition; Identifying vulnerable groups and providing special assistance to these groups; and, Establishing an institutional and organizational structure that supports this process to a successful end.

18.3 Eligibility Criteria and Compensation and or assistance:

18.3.1 The displaced or project-affected people eligible for compensation and or assistance will include: (a) those who have formal legal rights to land or other assets; (b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certificates; or upon the permission of local authorities to occupy or use the project affected plots; and (c) those who have no recognizable legal right or claim to the land they are occupying.

18.3.2 Persons covered under (a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under (c) are provided resettlement assistance, in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off dates defined in RPs. Persons who encroach on the areas after the cut-off date defined in RPs are not entitled' to compensation or any other form of resettlement assistance.

Valuation of and Compensation for Losses: The methodology to be used in the valuation of losses for Bank-associated Projects is based on their replacement cost. In this Project, losses comprise land, structures and other assets. Replacement cost for land include the value of land at market price plus the cost taxes and fees to get Land Use Right Certificate (LURC). For houses and other structures, the market cost of the materials should be used to calculate the replacement cost to build a replacement structure with an area and the quality should be at least as good as those affected. For both totally and partially affected structures, compensation includes market cost of material, plus the costs of material transport, labor and contractor fees, registration and transfer taxes. Depreciation of the asset and amount saved in materials will not form a part of replacement cost.

Comparison between Government of Vietnam and World Bank Approaches

There are a number of ways in which the approaches of the Vietnam Government - either in policy or practice - are compatible with World Bank guidelines. The most important compatibilities are:



Vietnam has a process whereby most people without legal land rights may meet conditions of legalization and receive compensation for losses.

Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two.

Resettlement sites offer not only better improved infrastructure and services but represent a higher standard of living.

Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal.

Differences between the approaches and measures that need to be addressed within the program also exist. However, in this context, procedures exist within national and City governments that allow the granting of waivers of domestic law on specific projects that may be in conflict with that of the funding agency.

On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible. The government has its own process in place whereby land occupied without legal documentation can be legalized; this land, however, is compensated for at a rate equal to 100% of land price minus the taxes and fee for land use right registration from 15 October 1993 (Article 6 , 7, 9, 10 of Decree 3812000 ND-CP on the payment for the Land Use Right).

C. Required Waivers

In order to meet the requirements of the World Bank OP 4.12 on Involuntary Resettlement a number of articles in various Vietnamese laws and regulations which do not ensure compensation at replacement cost or set eligibility provisions which do not extend the right to rehabilitation and or assistance to households without proper land paper, will be waived. The articles of law and regulations that will be waived are mentioned below:

Elinibility to Compensation and or assistance - Decree 197

Article 7 of Decree 197 (Cases where land is recovered without compensation) stipulates that any person whose land is recovered and who has not met one of the conditions of Article 8 of this Decree, or who has violated the plan, or who violates the protecting conidor work, or who illegally occupies land shall not receive compensation when the state recovers the land. In case of necessity, the Provincial People's Committee shall consider and decide on a case- by-case basis.

Article 18, 19,20 of Decree 197:

Houses and structures on non-eligible-for-compensation land, which have not violated announced land use plans or the right of way will be assisted at 80% of replacement cost

Houses and structures on non-eligible-for-compensation land, which have violated announced land use plans or the right of way will not be assisted. If necessary, the PPC will consider on the case by case basis.



Article 28,29 of Decree 197: DPs losing more than 30% of productive land will be entitled to living stabilization and trainingljob creation assistance

To ensure that the objectives of this resettlement policy are met, a special decision of the Government waiving Article 7, 18, 19,20,28,29 of Decree 197 is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in the policy.

Price of Land for Calculation of compensation

Article 9 of Decree 197: The compensation rates for land shall be determined by the PPC for the type of land which has been used for at the time of land acquisition

To ensure that the objectives of the project resettlement policy are met, unit price for land compensation established by the Project Provincial/City People's Committees will be adjusted to meet the replacement costs.

Assistance Policv for DPs who Rent State-owned dwelling houses - Decree 197

Article 2 1 of Decree 19712004iND-CP states that DPs who rent State-owned dwelling houses shall be provided with monetary supports equal to 60% of the land value and 60% of the value of currently rented houses, in cases where there are no resettlement houses to be arranged for them.

To ensure that the objectives of the policy are met, a special decision of the Government of Vietnam regarding waiver of Article 21 of Decree 19712004lND-CP is needed to permit assistance and rehabilitation measures for DPs who share State-owned dwelling houses as proposed in this policy.

Article 2 of Decree 18812004lND-CP states that the land price shall be defined by the provincial People's Committees andlor cities directly under the central government. To ensure that the objectives of the project resettlement policy are met, unit prices for land compensation established by the project related provinciallcity People's Committees shall be adjusted to meet the replacement costs.

The Item 4, Article 2 of Decree 171200 1 iND-CP dated May 04, 2001 to guide on the ODA management stipulates that "in the case of the international agreements on ODA have been signed between GOV and sponsor stipulates other contents, then that international agreements will be followed"

SECTION 3 ENTITLEMENT POLICY

DPs will be entitled to the following types of rehabilitation and assistance measures, for instance:

(a) DPy s losing agricultural/productive land and crops:

(i) if the portion of the land to be lost represents 20% or less of the total area of the landholding, and the remaining land is still a viable economic holding, cash compensation, at full replacement cost for the acquired area may be provided to the DP.


Corrected Resettlement Policy Framework ~ u ~ u s t 2007

(ii)if the portion of the land to be lost more than 20% of the total area of the landholding and the remaining holding is not viable then the project will acquire the entire landholding and provide "land for land" arrangements of equal productive capacity, satisfactory to the DP. However, if the DP prefers to receive cash instead of land, then cash compensation at replacement cost is applied.

(iii) DP's will be compensated for the loss of standing crops at market price, productive trees will be compensated at replacement cost.

(iv) DP's whose land is temporarily taken by the works under the project will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure. Land will be rehabilitated after the project construction by each PC and its PMB.

(b) DP's losing residential land and house/structure

(i) The mechanism for compensating loss of residential land and structures will be: (1) the provision of replacement residential land (house site and garden) of equivalent size, satisfactory to the DP or cash compensation at replacement cost according to DPs' choice; and (2) cash compensation reflecting full replacement cost of the house/structures, without deduction for depreciation or salvage materials or compensate in kind according to DPs' options.

(ii)If residential land is only partially being affected by the project and the remaining areas are not sufficient for reorganizing DP's house then at the request of the DP, the entire residential land will be acquired at full replacement cost.

(iii) If houselother structure is only partially being affected by the project and the remaining areas are not convenient to using, the house/ structure will be acquired at full replacement cost, without depreciation.

(iv) If the lost residential land is less than the compensated land slot of standard size, the DPs are not requested to pay for the difference.

(v) Tenants, who have leased a house for residential purposes will be provided with a cash grant of six months rental fee at the prevailing market rate in the area, and will be assisted in identifying alternative accommodation.

(c) DP's losing business

The mechanism for compensating loss of business will be: (1) the provision of alternative business site of equal size and accessibility to customers, satisfactory to the DP; (2) cash compensation for lost business structure reflecting full replacement cost of the structures, without depreciation; and (3) cash compensation for the loss of income during the transition period.

(d) DP's will also be provided compensation at full replacement cost, without deduction for depreciation and salvage materials for any other fixed assets affected in part or in total by the project, such as tombs and water wells, etc.



In cases where community infrastructure such as schools, factories, water sources, roads, sewage systems is damaged, the EVN PMB will ensure that these would be restored or repaired as the case may be, at no cost to the community.

Besides the direct compensation for the losses, DPs will also be entitled to additional assistance (subsidies/allowances) as below:

a) Transportation allowance:

All DPs relocating within the province are entitled to a minimum allowance of 1 million VND and maximum of 3 million VND. All DP relocating out of the province are entitled to a minimum allowance of 3 million VND and maximum of 5 million VND. This subsidy allowance is for the transportation of their salvageable materials and living facilities.

b) Subsistence allowance for relocating:

All relocating DP shall, for a period of six months receive a cash allowance equal to 30 kg of rice of average price per month for each family member. If DPs have to be relocated to another province and the impact is severe, this subsidy period could be for one year.

c) Restoration allowance:

DPs, who are permanently affected more than 20 % of productive land or incomes, or have to relocate will be entitled to trainings or other economic restoration programs at about VND 3,000,000/HH.

d) Relocation bonus:

A bonus of maximum 5 million will be awarded to DP who dismantle their houses and vacate their premises in accordance with the resettlement schedule of will get a maximum bonus of VND 5,000,000/HH.

By the nature of the project impacts, the potential impacted categories are classified into nine (09) categories. The entitlement matrix is attached (see Annex 1)

SECTION 4 SITE SELECTION, SITE PREPARATION, AND RELOCATION

If there are families have to be relocated because of the project impacts and resettlement sites are required. The EVN PMB will clearly describe in RP about alternative relocation sites considered and explanation of those selected, covering:

(a) institutional and technical arrangements for identifying and preparing relocation sites, for which a combination of productive potential, locational advantages, and



other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources;

(b) any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites;

(c) procedures for physical relocation under the project, including timetables for site preparation and transfer; and

(d) legal arrangements for regularizing tenure and transferring titles to resettlers.

(e) housing, infrastructure, and social services. Plans to provide (or to finance resettlers' provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities.

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( f ) a description of the boundaries of the relocation area; and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement).

SECTION 5 PEOPLE'S PARTICIPATION

The local authorities and its relevant organizations, DPs and host communities will participate throughout the various stages of the planning and implementation of RPs. The DPs will be fully informed of the provisions of this Policy Framework at public meetings held by the respective PMB and local authorities.

Each DP will be fully informed and consulted by the relevant District Peoples' Committee andlor Communes Peoples' Committees of their entitlements and rehabilitation choices under the respective.

SECTION 6 BASELINE INFORMATION

A. Census and Inventory

??le baseline information will include the following information for each household:

(a) number of persons and names;

(b) number, type, and area of the houses lost;

(c) number and area of all the residential plots lost; A-16

Second Transmission and Distribution Project Corrected Resettlement Policy Framework August 2007

(d) number, category and area of agricultural land lost;

(e) quantity and types of crops and trees lost;

(f) businesses lost including structures, land and other fixed assets;

(g) productive assets lost as a percentage of total productive assets;

quantity and category of other fixed assets fiected by each sub-project; and

(i) temporary damage to productive assets.

The proposed census and inventory form is attached (see Annex 2)

B. Resettlement Plan

The baseline information for a RP will include: (a) an Census and Inventory (see above); and (b) a detailed socioeconomic survey of all DP's describing theirage, sex, ethnicity, education, occupation, sources of income, and total household income. The proposed form for socio- economic is attached (see Annex 3).

The entitlements of DPs will be calculated based on the above information. The proposed entitlement form is attached (see Annex 4).

SECTION 7 IMPLEMENTATION ARRANGEMENTS

A. Implementation Schedule

A detailed implementation schedule of the various activities to be undertaken will be included in each RP. The RP implementation schedule must be developed based on the linkage to the civil work implementation schedule.

Payment o f rehabilitation and furnishing o f other restoration/assistance entitlements (in cash or in-kind), and relocation i f that be the case, have to be completed prior awarding contracts for civil works.

B. Institutional Arrangement

EVN PMBs will arrange adequate and experience staff to make sure that W will be implemented smoothly as approved schedules.

C. Complaints and Grievances

Complaints and grievances related to any aspect of RP implementation, including the determined the quantity and price of the lost assets, will be handled as follows:

First step:



If any person is aggrieved by any aspect of the resettlement and rehabilitation program, heishe can lodge an oral or written grievance with commune authorities. Commune People's Committee will resolve the issue within fifteen days from .the date it receive the complaint.

Second step:

If any aggrieved person is not satisfied with the decision in stage 1, heishe can bring the complaint to the District People's Committee (DPC) or District Resettlement Committee (DRC) within fifteen days from the date of the receipt of the decision in stage 1. The District People's Committee (DRC) or District Resettlement Committee (DRC) will reach a decision on the complaint within fifteen days.

Third step:

If the DP is still not satisfied with the decision at district revel, heishe can appeal to the Provincial People's Committee (PCC) or Provincial Resettlement Committee (PRC) within 15 days of receiving the decision of the DPC or DRC. The Provincial People's Committee (PRC) or Provincial Resettlement Committee (CRC) will reach a decision on the complaint within fifteen days.

Fourth step:

If the DP is not satisfied with the decision of the Provincial level, the case may be submitted for consideration by the District Court within 15 days of receiving the decision of the PPC or PRC.

DP's will be exempted fi-om all administrative and legal fees.

D. Supervision, Monitoring and Evaluation

Implementation of RPs will be periodically supervised and monitored by the EVN PMB in a close coordination with the respective Peoples' Committees at different administrative units and independent monitoring agencies. The findings will be recorded in quarterly reports to be fiunished to EVN.

Internal monitoring and supervision will:

(a) Verify that the baseline information of all DP's has been carried out and that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of this Policy Framework and the respective RP.

(b) Oversee that the RPs are implemented as designed and approved.

(c) Verify that funds for implementing the RPs are provided to the respective PMBs in a timely manner and in amounts sufficient for their purposes, and that such h d s are used by the respective PMB's in accordance with the provisions of the RP and policy framework.



(d) Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner.

Independent Monitoring: An independent agency or agencies or individual consultant will be retained by EVN PMBs to periodically cany out external monitoring and evaluation of the implementation of RPs. The independent agencies will be academic or research institutions, non-Governmental Organizations (NGO) or independent consulting firms, all with qualified and experienced staff and terms of reference acceptable to the World Bank.

In addition to verifying the information furnished in the internal supervision and monitoring reports of the respective PCs, the external monitoring agency will visit a sample of 20% of household DPs in each relevant province six months after each implementation to:

(a) Determine whether the procedures for DPs participation and delivery of compensation and other rehabilitation entitlements has been done in accordance with this Policy Framework; and -

(b) Assess if the Policy Framework objective of enhancement or at least restoration of living standards and income levels of DPs have been met.

(c) Gather qualitative indications of the social and economic impact of Project implementation on the DPs.

(d) Suggest modification in the implementation procedures of subprojects, as the case may be, to achieve the principles and objectives of this Policy Framework.

SECTION 8 COSTS AND BUDGET

Each RP will include detailed cost of rehabilitation and other restoration/assistance entitlements and relocation of DPs, if that be the case, with a breakdown by agricultural land, residential land, business land, houses, businesses and other assets. The cost estimates will make adequate provision for contingencies.

Sources of funding for the various activities will be clearly specified in the cost tables. For Transmission and Distribution I1 sub-projects, funds for implementing RPs will be from EVN. EVN will arrange budget for implementing RPs of all subcomponents.




Appendix 3

Entitlement matrix

TD2 Project - Vietnam RAP

Appendix 3 - Entitlement Matrix

No.

1

2

Type of loss

Temporary acquisition of productive land in ROW

Temporary acquisition of residential and garden land in ROW without house or structures in ROW

All DPs have trees, crops, other assets in ROW

All DPs with orchards or trees in ROW

Implementation Issues

- Trees have to be cut are regulated by Article 7 of the Government Decree 5411999MD-CP, July 8', 1999 on the protection of the high voltage networks.

- PMBs and local authorities determine and ensure that compensation for trees will be at the replacement cost and for crops at the market price. If DP is requested for cutting affected trees, PMBs will pay money for this work. DP has right for using salvageable trees.

- Full compensation at least 01 month before land clearance. Payment to DPs will be delivered by PMBs and District Resettlement Committees (DRCs).

- Affected land in ROW will be rehabilitated by contractors after the project construction and land in ROW could be used with the restricted purposes.

- Finance available for compensation and well information disclose1 disseminate to DPs and key stake holders.

- Trees have to be cut are regulated by Article 7 of the Government Decree 5411 999MD-CP, July gh, 1999 on the protectiol of the high voltage networks.

- PMBs and local authorities determine and ensure that compensation for trees will be at the replacement cost. If DP is requested for cutting affected trees, PMBs will pay money for this work. DP has right for using salvageable trees.

- Full compensation to DPs at least 01 month before land clearance. Affected land in ROW will be rehabilitated by contractors aRer the project construction

- Payment to DPs will be delivered by PMUs and DRCs

- Finance available for compensation and well information disclosel disseminate to DPs and key stake holders.

entitled ~p~ Definition of

DPs withlwithout land certificate included in the inventory or able to prove land occupancy prior to cut-off date.

-do-

Compensation Policy

- Cash for trees at the replacement cost plus cost for cuffing trees, crops at market price. Number of crop patterns to be compensated based on the time of temporarily acquired of land.

- No compensation for land

- Rehabilitate land after the project construction.

- Cash for affected fruit trees and trees at replacement cost. - No compensation for land

- Rehabilitate land after the project construction.


I I Type of loss I Definition of I

DPs Compensation Policy Implementation Issues

Temporary impact on residential and garden land. Partial househuilding within ROW (area in ROW less than 20% of total area) and the demolished area does not impact to the remaining househuilding. Residential land and garden land outside of ROW is sufficient for re-organizing (not less than 60 ni2).

Temporary impact on residential and or garden land. Impact more than 20% or less than 20% of total househuilding area but the demolished area will impact to the . . ..,, n....,, ,C

All DPs have househuilding and treeslfruit trees in ROW

All DPs have househuilding and treeslfruit trees in ROW

House/ building: - DP can opt for : i) Remain their houses or building in ROW with the conditions regulated by Article 8 of the Government Decree 5411 999/ND-CP, July 8', 1999 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing househuilding; or ii) Cash compensation for the directly affected rooms at the replacement cost and cost for demolishing an affected room.

- No compensation for land.

- Rehabilitate land after the project construction by contractors.

Tree and fruit tree

- Compensation for affected trees and fruit trees at the replacement cost.

Allowances: - Relocating allowance of 30 kg of rice equivalent per person per month in six months.

House/ building: - DP can opt for : i) Remain their houses or building in ROW with the conditions regulated by Article 8 of the Government Decree 54/1999/ND-CP, July 8', 1999 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing

- House and building have to be demolished or could be existed are regulated by Article 8 of the Government Decree 5411 999/ND-CP, July 8', 1999 on the protection of the high voltage networks.

- PMBs and local authorities determine and ensure that compensation will be paid at the replacement cost, without deduction for salvageable materials.

- DPs will demolish the impacted part/ room and reconstruct/or improve their houses themselves.

- Full compensation for trees and fruit trees at least 01 month before land clearance. If DP is requested for cutting affected trees, PC or project provinces will pay money for this work. DP has right for using salvageable trees.

- Full entitlement payment to DPs impacted on househuilding at least 03 months before land clearance.

- Payment to DPs will be delivered by PMBs and DRCs

- land in ROW could be used with restricted purposes.

- Finance available for compensation and well information disclose/ disseminate to DPs and all key stake holders.

- House and building have to be demolished or could be existed are regulated by Article 8 of the Government Decree 54/1999/ND-CP, July 8", 1999 on the protection of the high voltage networks.

- Consultation for DP's options on remain their house in ROW or move out of ROW.

- PMBs and local authorities determine and ensure that compensation will be replacement cost at the time of payment.


-

No. Type of loss

outside of ROW is sufficient for reorganizing (not less than 60 m2).

Temporary impact on residential and or garden land in ROW. Full or partial househuilding impacted and land outside of is not sufficient for reorganizing (less than

60 m2)

Application L Definition of entitled DPs

-do-

I Compensation Policy

househuilding; or ii) Cash compensation at replacement cost for full areas of impacted househuilding and demolish DP's house in ROW.

- No compensation for land.

- Rehabilitate land after the project construction by contractors.

Tree and fruit tree

' - Compensation for affected trees and fruit trees at the replacement cost.

Allowances: - relocation allowance of 30 kg of rice equivalent per person per month in six months.

DPs can opt for one of the followings:

i) Remain their houses or building in ROW with the conditions regulated by Article 8 of the Government Decree 5411 999lND-CP, July 8 ~ , 1999 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing househuilding; or ii) Cash compensation for the whole residential area which DP occupied (not only for the impacted areas) and properties associated with occupied land at replacement cost. Impacted land will be obtained by local authorities; or ii) "Land for land" with the same area which DP occupied and cash at replacement cost for the affected assets associated with land. 1.and occr~nied hv DP


- DPs will demolish the impacted areas and reconstruct'or improve their houses themselves.

- Full compensation for trees and fruit trees to DPs at least 01 month before land clearance. If DP is requested for cutting affected trees, PMB will pay money for this work. DP has right for using salvageable trees.

- Full compensation payment for impacted house and allowances to DPs at least 03 months before land clearance.

- Payment to DPs will be delivered by PMBs and DRCs

- Cleared residential could be reused with other restricted purposes.

- Finance available for compensation/ rehabilitation and well information disclose1 disseminate

- House and building have to be demolished or could be existed are regulated by Article 8 of the Government Decree 5411999lND-CP, July 8", 1999 on the protection of the high voltage networks. - Consult+tion for DP's options on remain their house in ROW or move out of ROW

- PMB and local authorities determine and ensure that compensation will be at replacement cost at the time of payment.

- Replacement land, and resettlement sites development.

- DPs receive compensation will demolish the impacted house areas and reconstruct'or improve their houses themselves.

- Full compensation payment for trees and fruit trees to DPs at least 01 month before land clearance. If DP is requested for cutting affected trees, PMBs will pay money for this work. DP


No.

6


has right for using salvageable trees.

- Full compensation for impacted house and allowances to DPs at least 05 months before land clearance. - Payment to DPs will be delivered by PMBs and DRCs

- Cleared residential could be used with other restricted PurPoseS. - Finance1 land available for rehabilitation and restoration and well information disclose1 disseminate to DPs and key stake holders. - PMBs and local authorities will consult with DP who are eligible to restoration programs for their options and prepare proposal for restoration programs in the period of RAP implementation.

- Consultation for DP's options on land compensation. - PMB and local authorities determine and ensure that compensation will be at replacement cost at the time of Payment- - Replacement land, and resettlement sites development. - DPs receiving compensation will demolish the impacted areas and reconstructlor improve their houses themselves.

- Full compensation for trees and fruit trees to DPs at least 01 month before land clearance. If DP is requested for cutting affected trees, PMB will pay money for this work. DP has right for using salvageable trees.

- Full compensation for impacted house and allowances to DPs at least 05 months before land clearance.

- No award civil work contract before completion of compensation and reorganizing houses or relocation.

- Payment to DPs will be delivered by PCs and DRCs - Finance1 land available for compensation/ rehabilitation and

Type of loss

Permanent acquisition of land for tower foundations, substation and access roads etc.

Compensation Policy

will be obtained by local authorities. - for affected trees and fruit trees at the replacement cost.

Allowances: - Relocating allowance of 30 kg of rice equivalent per person per month in six months

- Transportation allowance for relocating DP according to the Compensation Decree 19712004MD-CP - Rehabilitation assistance if DPS permanently losing business or more than 25% of their incomes.

- Incentive for relocating in a timely manner: maximum 5,000,000 VNDIHH

For DP losing productive land: a. Land loss less than 20% of their total

landholdings

- Cash compensation for the lost area if the remaining plot is still economically viable. - Cash compensation for the whole impacted plot if the remaining plot is not economically viable. -Cash compensation f"r~rO~ertiesassociated with land

6. Land loss equal or more than 20% of their total landholdings:

DP can opt for the followings:

i)"Land for land" with the same area and productive of impacted area if the remaining plots are still economic viable and for the whole impacted plots if the remaining plots are not economic viable.

Application

All DPs occupied land and properties associated with land permanently impacted by towers foundations, substation and access roads etc.

Definition of entitled DPs

-do-


Definition of entitled DPs I Compensation Policy

-

ii) Cash for land at the replacement cost. - Compensation for trees and affected fruit trees at the replacement cost. - Rehabilitation assistance.

For DP losing Residential and garden land:

- If remaining land is sufficient for reorganizing (not less than 60 m2): Cash compensation for lost area and assets associated with land.

- If remaining land is not sufficient for reorganizing:

DP can opt for i) cash compensation at replacement cost for land and assets on land, or ii) "land for land" compensation for the whole residential area which DP occupied (not only for the impacted areas) and properties associated with occupied land. For affected house and building, the same entitlement to DP of categories 3 or 4 or 5.


well information disclose1 disseminate. - PMBs and local authorities will consult with DP who are eligible to restoration for their options and prepare proposal for restoration programs in the period of RAP implementation. - DPs will be granted with Land Use Right Certificate without payment of administrative fees.

(a) Temporary impact on business or other services.

(b) Permanent impact on business or other services.

- Full compensation for incomes lost to DPs at least 0 1 month before land clearance.

Compensation for income lost in the affected time

(Rehabilitation assistance. I

- PMBs ahd local authorities will consult with DP who are eligible to rehabilitation for their options and prepare proposal for rehabilitation programs in the period of RP implementation.

All impacted institutional l3Ps

Alternative measures to maint-ain the normal functional of the

Contract(s) with Contractor(s) should bear one article on this specific responsibility of the contractor(s):


Type of loss Application

(who directly manage and operate such impacted public works systems)

Definition of entitled DPs

approached in advance for cooperation in impact mitigation

I measures as well I as measures for (maintaining the normal functioning of

I their impacted systems by the Contractor(s)

Compensation Policy

public works (i.e. roads, water supply, drainage systems, telephone lines etc.)

Reinstatement after the project construction.

All expenses on alternative measures to maintain the normal functioning of the impacted systems shall be born by Contractor(s).

- Permanent impacts

Alternative measures to maintain the normal functional of the public works (i.e. roads, water supply, drainage systems, telephone lines etc.)

All expenses on alternative measures to maintain the normal functioning of the impacted systems shall be born by Contractor(s).

Tenants who have leased a house for residential purposes will be provided with a cash grant of six months rental fee at the prevailing market rate in the area.

Permanent impacts on rented houses


I approach the institutional DPs for cooperation;

All DPs impacted on their leased houses for residential

arrange and pay for the expenses of the alternative measures to maintain the normal functioning of the impacted systems to the satisfaction of the institutional DPs.

DPs with house lease contract

- do - complete the works for 'alter-

native solutions' prior to the commencement of the project works.

PMB and local authorities will assist them in identifying alternative accommodation.


Appendix 4

Agreements on route of the transmission line

OY BAN NHAN DAN CONG HOA HOI CHU N G H ~ VIET NAM HUYEN TAN UYEN Dijc l i p - Tu do - l I a n h phuc

TO T R ~ H vk viec xin chli truong d iu tu xiy dqng dulmg diiy 220kV

T5n BDjnh - UyEn Hung, trqn bi{n $220kV Uyen Hung v l c L dau n8i

- Cln cir ~ u ~ k t dinh s5 1821/QE)-NLDK ngPy 20/5/2005 clia BG CBng nghiep vk viec phE duyet "Quy hoach phi t trien dien Iuc ti& Binh Dumg giai dogn 2005-2010~6 x t t d in n8m 2015;

- Can cir CBng vln 5 8 337/CV-EVN-KH ngPy 18/01/2007 c6a Tap doln dien luc Viet Nam vk viec nguBn vSn cho du i n tram 220kV KiZn Lucmg (Mi) vH mtr rdng ng5n 10 tai tram 220kV Rach Gii va ngu6n vgn cho cic du i n dang l$p thG tyc dau tu;

- CBn cfi CGng vHn s6 0382lCV-TVD3-TR ngiy 07/02/2007 cGa Cdng ty Tu van X& dvng dien 3 ve viec tho& thuan dja dikrn xiiy dyng duhg diy 2220kV Tin Djnh - Uyfn Hung, tram bikn i p 220kV UySn Hung vA c6c d iu n&i;

Ngly 26/01/2007, CBng ty Tu ven Xgy dung Dien 3 ph6i hpp cGng chc nginh chfic nHng clia huyen tien hinh khdo s i t dja di6m xiy dung d u b g d8y 220kV Tln Djnh - Uytn Hmg, tram bien 5p 220kV Uytn Hung v l c ic diu n6i. Do 66, dk d i p irng nhu ciu cung ciP dien cho khu vyc Tin UyGn v l c ic khu vuc E n cln, Ui ban nhin d5n huyen Tiin Uyen trinh Uy ban nhln d& tinh Binh Dumg r i n rh!i ti-l~rmn b&l tir s3v rllrno Arrirno dBv 730tV Tln f) inh - TTvFn M ~ m g . t y m bikn i p 220kV uyen H U ~ & vh C ~ C ddu hai nhu sau:

- ~ u ~ k n dubng diiy: ~ u ~ 8 n duimg diiy 220kV T2n Dinh - UySn Hung xu& phit tu tram 500kV Tin Djnh di song song v(ri d u h g d iy Pleiku - Phri LPm hien hiru va rE v lo tram 220kV Uyen Hung.

- Vj tri tram 220kV Uy& Hung: ~ Q r n tren dvimg DH 41 1 phia bEn triii nhin tG d u h g DH 4 12 h u h g vk ngj. ba DH 4 14, d c h n g l ba DH 4 14 khoing 1 km, vbi dien tich: khoing 05 ha.

+ ~ ~ u 6 n g6c dht: at 12, phan do Ban guin 19 rirng Tin Uyen qudn 19.

~k mong UBND tinh Binh Dumg xem xCt chip thu3n.I.

r%i n/z(in: - UBND Tinh; - Cdng ty TVXD Dien 3; - LUX VT, TFI.

. .._. ' ' 1 I l l li:L(I Cllil 1, i l l I t i I I k t o ~ l g 131 LO{\:: in

, 1 ; / ~ - I - I > N L ) - S ~ fly,:,y ;!?(j(~-/, EU &I[ SG C ~ I I ~ nl;hi+ xcm KG[. 1 1 ~ 1 ~ 1 [ I . I U ~ I I.!! I ~ i i i ~1Iifi11 c l s l l l i ~ l h v i t ~ ~ ~ ~ [ l ~ .- r11vCrl . (iil J ~ r i ~ i i l v . &y ??clh,b l ' i 1 1 l . ~ ~ t l ~ \ - lJy211 1 111n.y.

. . L I f r ~ 1rct111 22OKV [.iv611 I I U I I ~ I . v i tt5u 110i.

p4g~~ 3()/03/2(~07 S,.I t : c j [ l c k l~g]~icp 10 c i ~ u c ii(:q> \#t31 c;ic L I ~ J I I v1 1 t C ~ ~ \ . I : I I ~ I)JILI .

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~ L ' I I c:iu ( 'Ail!; I y -1.u v i i l :';;i!, c i l , r n ~ cJi<u 5 tiip LUC I ~ L I I I a i l r vGi niiSl~y 16 C ~ ~ U C v i C A ~ll l . . l r l cu duinl): di ,!":I ,.ti. l l l ( i l tS nh.'lt hu&~c I \ I ~ ; I I . L:Ili)n~ ~ I . I ~ I ~ I I J ~ I I ~ ) ~ f z r i qll? I I ~ ~ i i . 1 1 t .1 t;i cG(: t l t ,r l l v i .

. , I . ) ~ ( I [~CIY ( ~ ~ [ I c J . . . ty . I ' L : L ; ~ I I .X;I> d g i l . . d i < [ ~ 3 d i i l tn>~fl (A[ ~ 5 i ~ C U C ~ L I U ~ [ L V:! L-t.1

v i l ( \ 1 \{ill so: 103~I,q"\~- 1.1: I:).; ,,~.5! ~jj~/;?t:N-J-f \!\. tI1,.,;1 11 , , l j , l l , ~ l ' - l l i ~ . t 1 1 y t \ \

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Appendix 5

Minutes of community meetings

iru BAN NHAN DAN TT U Y ~ N HUNG

A, So: ......................................

CONG HOA XA HOI C H ~ N G H ~ A VTET NAM Doc 1Cp - Tu do - Hgnh phlic

L5n bh : 01 ~~e~ bt,: 10,1212005 MS: BM-MT-45 PECC3

N6i dung: vlv ~ i & u tra, x6c qnh mBc dij inh h&ng de"n m6i trtfang, d9n sinh kinh te" cfia DL$ 8n Tram bie'n 6p 220kV UyCn Hmg va DQ an DdiYng d$y 220kV Tan Dinh - Uy$n Hmg.

~ n ~ u 81EN THAM CONG DONG

H8m nay ngiiya.. t h h g .ah n i m 2008.

Tai vgn ph6ng UBND Thj trgn UyCn Huhg, huydn Tan UyEn, tinh Binh DUdng.

I. Thhnh phdn tham d ~ $

Phh UBND

11. N6i dung

Sau khi nghe dai dien PECC3 trjnh bay, phd bidn th6ng tin v& d y in v l s$ tin thie't phHi ti'n hBnh di&u tra mirc dQ dnh huang d6n mrn a d n g , d6n d8n sinh kinh tC cda DQ dn Tram bie'n ap 220kV Uy?n Huhg v i Dg i n DUhg diiy 220kV T3n Dinh - UySn Hu'ng. Hai b8n d l trao d6i v B c6 cAc 9 kign sau:

1. UBND Thi trgn Uy@n Hu'ng hoan toPn nhgt tri vvbi ch8 trudng cua NhA nllnc v6 viec xiiy dgng DI$ Bn D&ng d3y 220kV TSn Djnh - UyCn Hlmg.

2. UBND Thi trgn UyEn Hmg d5 tao d d u kien d$ doin khHo s i t hoPn th lnh nhiem vu duqc giao.

3. Kh6o s i t chi ti& khu vvc dg An:

Dai dign PECC3 vh cAc ccd quan ch3c n h g cc6a dja p h ~ d n g kgt hdq ti& hinh dibu tra, khIo s i t mirc 66 Bnh h ~ d n g m6i Wang, diln sinh kinh te' khu vvc dg an (ti3 nghy .....-.. thing ......... niim 2008 dgn nghy ....... thAng ....... n8m 2008) 85 xAc 4 n h mtlc do knh h&ng theo tifng hang rnuc c6a d$ in nhg sau:

~ d n ~ hdp kh6i ldqng Anh hdang:

1

In. Y k i k d a @a phddng v6 4nh h d h g m6i trdang, b6i thllllng - tLi djnh ed:

MS BM-MT-45 MAU BIEN BAN THAM VAN CONG D ~ N G I

bh : " Ngay bh: 10/12/2005

Dai di$n Dai dien

UBND ... Thj tr&n Uy&n Hmg .... . .

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DANN SACH HOP THAM VAN ...............................................................................

Ngay A::. .. t h h g .c+ 1 1 h 2008 tg .. X~!I~.YR.T.T'. . .II & . . M a . . ................... 3 d

La"h : Ngay bh: PECC3

Xaic nh$n c i a ilia phlrong: lh' BAN N~.N~Q&N . .' THI TMN . . . . . . . UYEN HUNG ,". .-., ... +. pa . : ' , , . i . ;:. .. r \ . . . . . . . . . . .

. . . . . . . . . . . . . . . ,

MWU B I ~ N BAN THAM VAN CONG DONG

iru BAN NHAN DAN xi PHU CHANH

A* So: .................-.......-...-.-.-.-..

Lan bh : 01 1

C ~ N G HOA XA H ~ I C H ~ N G H ~ A VIET NAM D6c 13p - Tg do - Hqnh phGc

1 PECC3

B I ~ N BAN HQP THAM VAN CQNG D ~ N G

NBi dung: v/v ~ i g u tra, x8c @nh milf do dnh h&ng d@'n mdi truang, dGn sinh kinh te" c6a D@ Qn D&ng dAy 220kV T5n Djnh - Uy@n Hrtng.

'lEN 'IN THAM CONG D ~ N G

HBm nay nghy dh. thing fX/ n5m 2008.

Tai vfin phbng UBND XZ Phb ChBnh, huyen Tgn Uyen, dnh Binh DUdng.

Ngey i n : ro,~2:2oa~

I. Thanh phdn tham dq

Phia UBND

ns: B M - M T ~ S 1

Phia C6ng ty cdph&n TU v a n Xdy dgng Di$n 3 (PECC3)

11. NQi dung

Sau khi nghe dai ditn PECC3 trinh bly, phd b i h th6ng tin v6 d$ bn v l sg c6n thie't phHi ti& hlnh di&u tra milt do Hnh h h g dgn m6i tnrang, d6n dd8 ninh kinh tg c i a

Dy' i n D&ng diiy 22OkV T3n Djnh - Uy@n Hu'ng. Hai ben d;i trao d6i vA c6 CLC 9 kieOn sau:

MALI BBEN BAN THAM VAN I

LSn bh :01

CONG DONG MS: BM-MT-45

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C W G D ~ N G

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UY BAN NHAN DAN CONG HOA HOI C I I ~ NGH~A V I ~ T NAM DGc I$p - Tlr do - Hanh phic ..................................................

MAU BIEN BAN THAM VAN PECC3 1 CONG D ~ N G

B I ~ N BAN HOP THAM VAN CONG DONG

N6i dune: - V/v p h i bikn thBng tin v6 L L ~ S hoach bbi thvimg tai t /nh c d 9 v l L6TPe dijng m6i t r u h g " ciia dg An tviung d8y 220kV Tfn Djnh - UyGn H m g .

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Ngay bh: 10/12/2005

...................................................................................................*.*....*.... d i di8n ra bu6i h ~ p vdi cac noi dung chinh nhu sau:

I. Thtnh phkn tham d p

Phia Chinh guyin djaphrrmrg

MS: BM-MT-45

Phia ngu6f diin b! cinh h u h g Oanh srich &n h k2m)

Phia C6ng ty c8 phin Tu vdn d y d w g #i@n 3 (PECC3)

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11. NQi dung ph8 bitn th6ng tin

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Ho v i ten Dja chi Ky t2n

MS: BM-MT-45 an bh : 01 Ngay bh: 10/12/2005 PECC3

MAU BIEN BAN THAM VAN CONG DONG


Appendix 6

Sample of 'Questionnaire'

- TGp doun Dien l f l Vitt Num C6ng ty TU vGn X2y dgng Ditn 3

PHIEU DIEU TRA PHl,JC Vl,J LAP BAO CAO KE HOdCH 601 T H ~ ~ N G - TAI DINH cu (RAP) VA BANKGIA T ~ C DONG MOI~TRUZING (EIA)

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7 8 9 10

(*) Quan he: vdi Chi h$ I . V~lCh6ng 2. C h a l M ~ 3. Con 4. c h i u 5. Gnma 6. Khdc

(**) Giao &c 1 . Mil chii 2. Bi6t doc bi6t vi6t 3. CgP 1 4. C;gp 2 5. Cgp 3 6. Dai hqcl Cao ding 7. Trung cgp/ ugh$

(***) Ngh$ nghitp I . L im c6ng Bn IUdng 7. Nghe khdng Bn dinh

Huu tn' 2. 8. Ngh6 khgc 3. 7hd cdng 9. N6i W 4. Lim ngh& n6ng 10. Di hpc 5. Ddnh ba't/ndi tr6ng th3y s in 1 1 . Thgt nghiep 6 . Bu6n bin 12. D ~ g c h6 tro dijc biet

1.1 Chi tiCu trung binh hiing thBng cJa hi) gia dhh: ...& ...... d6nglthBng.

1.2 T6n GiBo 1 . Phgt g i io 2. Thien chda gi io 3. Cao d i i 4. Khic: ....... d.. ....

1.3 CBc Benh Thulilng G@p C6a Gia D'hh 1. B+nh duang nUdc (tieu chby, kigt ...) El 2. Benh d~ZIng h6 hgp (viem phe"qudn ...) 3. Benh nai khoa (tim, gan ...) 4. B$nh ngoai khoa (da ligu ...) 5. Khic: .....-........

Tap docin Dien lgc Viet Num C6ng ty TU vh Xdy d g n ~ Dien 3

1.4 Trdang HQp Gia Dhh Phsi chuy6n Di Ndi Khhc Thi C6 ai bi: 1. ~ a " t viec 2, Gilm thu nh$p d 3. Khbng bi6t

1.5 St? Dung Nhi 1. Chi b6 d 2. Chi b6 bubn b in 3.Vaa a viYa bubn bhn a

.................................... 4. Cho thue 5. B6 kh6ng 5. Khic:

1.6 Tien Nghi Gia D'mh 1. Nhh v$ sinh I 2. B6p 3. Nddc miy a,fd 4. Di$n 4 4 5. X e m i y d 6. ~heIxu6ng m8y 7. Xe bap a, 8. TV ID' 9. Tfi lanh El 10. Miy giijt 11. ~ Q d i $ n t d El 12. Di$n thoai 13. Khic: .....................................

2. ~ 6 t Bang SAn 2.1 ~ s * t ~ h S c d

~ i ' t 1Ihm nha b vh dgt diinng cho muc Mch kinh doanh ~m vj : m2

I

2 CBc gigy ta hdp phip lien quan d& dgt tho cd : ................................................................................................ ..- ....-.......-....... - ....... .. .... ...- .... - .......... ---.-...--.- .... .............................................................................. .............................. -.- .-.. * Trong truihtg h ~ p tlnh trung phup ly 16 kh6ng s3 h2u ghi rc7 hinh thdc thug, turn tni .... vh nBu ro' m$c chi phi thuC mudn hhng thung.

Ngohi ng8i nh5 hi$n h f i vh mdnh d2't t136 cd hien h f i , gia dinh cbn c6 nhh hosc &$t d xxi huy$n/ tinh khic kh8ng?

1. C6 2. KhBng N& 'C6' thi ghi r6 chi tigt (@a chi, di$n tich, loai nhhldgt): ................................... ., .............-..

DiCn tich hiZn.

Trang 2/4

Tgp d o h Di$n Iw Vi$t Num

1 KhAc . A Cdc gigy ttl, hgp phip hen quan d6n dgt canh t ic : ............................................. . ......................... " .... "..............

....................... _. ...... ........................................................ ............................. .." ................... - ...." ........-.... - ...-... .." ...." ...-.- ................

2.3 Cay L$u Niim V i Cay Vu Bi Anh Hddng

C2v l2u nPm v8 cty Pn trii bi inh h ~ d n g

TTKT: tinh trang khai thdc

2.4 Nhi

Liia Mia

Nhl hien hih

Ca"p nhi X i y dmg

Ng6

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~ $ u / d 8

Sin (mi)

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* Cia do h$ bj dnh hudng d~ tfnh.

Tatrng r io H$ th6ng di$n

3. TAI DINH C u 3.1 Phddng ~n TBi P jnh Cd

1. C6 d 2. Kh6ng N& 'KhGng' th'i 9 ki6n clia ng&i bi Anh h&ng lh : ...............................................................

1

3.2 Ch~nPhddngAn~$nBiiD$'t 1. ~ a " t d6i da"t 2. TrA ti&n cho da"t @'

Gi5.y ti3 lien quan Kich thddc

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....................................... 4. Phudng i n khic: ..................................................................

GiP*

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3.4 Chon Phddng An Kh6i Phuc Thu N h 6 ~ 1. Trd gi6p t i i chinh d 2. Cung cca"p phudng tien s in xu& 3. Trd gidp tim viec lhm 4. Trd giip trong vi$c d i o tao

..... 5. DBo tao ngh& mdi 6. D$nghikhic: ............................... ".".-.... .._

Ngdy ..q thring .@.~...ndrff.~.~k? ~ i & u tra viCn

(6 vci ghi r6 ho t2n)


Appendix 7

Sample of 'Pamphlet'


Appendix 7 - Pamphlet

1 . Project affected household?

All households, institutions, individuals having land and properties on such land i.e. houses, structures, trees, crops in the safety corridor of the power networks (TLs and Station) to be constructed and installed by the project.

2. Who will define the afSected areas and afSected properties?

Southern Power Project Management Board will supply the Compensation and Resettlement Committees with the layouts of line routes.

The Compensation and Resettlement Committees is responsible for defining the affected areas and canying out the surveys and inventory of affected properties.

Affected areas are areas lying within the safety corridor of the aerial lines. Such safety corridor is defined by distance fiom the outer most cable to each side at the static state (Gov. Decree 106/2005/ND-CP dt. 17 Aug., 2005) (22- 23m in width for 220kV line and 15-1 6m in width for 1 1 OkV line).

3. Types of impacts?

Permanent impact Land, houses, structures, other properties and trees (higher than 4m) lying in the safety corridor of T/Ls and foundations.

Temporary impact Trees, crops and other properties affected during the construction works.

4. Land in the safety corridor of T/Ls will be taken for the project?

No. But such land use is limited to cultivation of crops and trees not higher than 4 m.

5. Who will be compensated and who will not be compensated?

All families, institutions, individuals who have properties (land, houses, structures, trees, crops) affected by the project and who could legally claimed their land use rights and ownership of their properties prior to the cut-off date will be compensated and assisted.

Encroached land andlor structures erected after the cut-off date will not be compensated. Such properties shall be removed by their owners.

6 . Compensation tariff7

Compensation tariff shall be established by the Provincial Compensation/Resettlement Committee, that reflects the actual market prices of the locality, and approved by the provincial People's Committee.


Resettlement plan

All PAHs shall be compensated with replacement cost - the actual market prices at the time of compensation - for their affected properties without depreciation and without deduction of reused materials.

Affected land shall be compensated by land of similar category or cash.

In case oflouses partly affected?

In case the affected part does not affect the structure of the house and the residential purpose in the remaining part, the affected part shall be compensated.

. In case the affected part affects the structure of the house and the remaining part can not be used for the residential purpose, the whole house shall be compensated.

When PAHs will receive the compensation and move?

PAHs required to be resettled shall be compensated for land, houses, structures, trees, crops ... at least 3 months prior to land acquisition.

. PAHs with partly affected properties and be resettled on their own land plot shall be compensated for the affected houses, structures, trees, crops ... at least 2 months prior to land acquisition.

PAHs with affected trees, crops only shall be compensated at least 1 month prior to construction.

Are there other entitlements apart from compensation for PAHs required to be resettled?

Yes. Apart from compensation for land and other properties, PAHs required to be resettled shall enjoy the transport allowance, livelihood assistance ... All allowances, supports. will be clearly defined in the RAP.

In case PAHs are paid with parts of compensation and other allowances but already asked to move-or clear the ground?

PAHs only hand-over their land or clear their ground when already received full compensation and other entitlements.

When receiving compensation, PAHs may be asked to contribute a certain amount to a certain organization or a certain amount withheld by the Compensation Committee?

Nobody is authorized to collect or withhold any amount from PAHs' compensation and other entitlements.

If such is the case, PAHs have to report immediately to district compensation committee, PMB or local authorities for settlement.


12. Who will inform PAHs of the time-schedule for compensation, land acquisition, ground clearance and other related information?

PMB, Provincial Compensation Committee, District Compensation Committee are responsible for the information to PAHs' entitlements, RAP, compensation policy and tariff, time-schedule for payment of compensation, land acquisition, ground- clearance and construction.

13. In case PAHs disagreed with DMS results or other related issues, where can they lodge their complain?

1. Lodge their complaint to the Commune People's Committee.

2. In case PAHs disagreed with the settlement of the Commune People's Committee, lodge their complaint to the District People's Committee where settlement should be processed within 15 days.

3. In case PAHs disagreed with the settlement of the District People's Committee, such case will be brought to court.

Administrative fees are exempted at all levels.

14. Who will supervise the compensation?

An internal monitoring unit will be set up within the PMB to carry out the internal monitoring of RAP, and

An independent external monitoring agency will be contracted by PMB to carry out the external monitoring of RAP.

15. PAHs ' responsibilities?

Participate in all related community meetings and read all related information; Be ready with all related papers i.e. LURC, residential registration, ownership of other properties.. .;

Read and thoroughly understand all related forms i.e. socio-economic survey, DMS, property inventory, compensation and resettlement commitment ... and participate in all such activities.

Timely resettlement or ground-clearance after receiving full compensation and other entitlements.

16. Any PAHs with any related query and at any time can approach the following institutions :

Vietnam Electricity.

Districtlprovincial CRC.

Southern Power Project Management Board

383 Ben Chuong Duong St., District 1, Hochiminh city.


Appendix 8

Housing categories (Vietnamese construction standards)


Appendix 8 - Classification of civil structures

Cat. 1

Category of Houses

and Structures

Cat. 2

Cat. 3

Quality of Structures

More than I00 yrs.

of Surfaces Finishes

Level of Facilities 2% I or I1 with bed rooms, dinning

room, drawing room, kitchen and attached bathrooms in the same level of the apartment

Level of Power and Water Supply

Grade of Fire

Resistance

With high grade finish/ decoration materials

1 50-100 yrs.

I

With high grade of power and water supply and sanitation facilities

with bed rooms, drawing room and kitchen in the same level of the apartment

With good power and water supply and sanitation facilities

I11

Average With power and water supply of medium materials

with bed rooms, dinning room, drawing room, kitchen and attached bathrooms in the same level of the apartment

water supply to kitchen and shared bathroom

With a few finish/ Decoration materials

Cat4

low grade materials

Temporary There is no official specification for 'temporary' structures/houses. However, it is understood that house/structures of this category are usually built with low grade wood, plank, bamboo, leaf, straw, soil floor ... or mixed with some low grade bricks and masonry and corrugated steel sheets for temporary housing.

Lessthan20 F.

V

shared bathroom which may be in nthxkvel

with shared 1-2 room(s)

Masonry electricity for light only


Appendix 9

Socio-economic household data sheet of DPs

A~pendix 9 Socio-economic household data sheet of DPs

Malee of Head of

Province: Binh Duong District: Tan Uyen Town: Uyen Hung

Malee of Head of


Appendix 10

Inventory of DPs

Appendix 10 Inventory of Displaced Persons

Province: Binh Duong District: Tan Uyen Town: Uyen Hung


Appendix 11

Details of entitlement of DPs

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