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Social Monitoring Report Semestral Report July to December 2014

VIE: Power Transmission Investment Program,

Tranche 1 – 220kV Phu My Industrial Zone

Substation and 220kV Song May-Uyen Hung

Transmission Line

Prepared by the Southern Vietnam Power Projects Management Board for the National Power

Transmission Corporation and the Asian Development Bank.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

NATIONAL POWER TRANSMISSION CORPORATION

SOUTHERN VIETNAM POWER PROJECT MANAGEMENT BOARD

Project Number: 42039 - 034

Period: Jul-Dec, 2014

POWER TRANSMISSION INVESTMENT PROGRAM – TRANCHE 1

SUB-PROJECT: 220KV PHU MY 2 INDUSTRIAL ZONE SUBSTATION

220KV SONG MAY-UYEN HUNG TRANSMISSION LINE

SEMI-ANNUAL INTERNAL MONITORING REPORT ON

IMPLEMENTATION OF RESETTLEMENT PLAN

HOCHIMINH, 1/2015

i

Abbreviations

ADB Asian Development Bank

AP (project) Affected Person

AH (project) Affected Household

CARB Compensation, Assistance and Resettlement Board

CPC Commune People’s Committee

DMS Detailed Measurement Survey

DP Displaced Persons

DPC District People’s Committee

EVN Vietnam Electricity

GOV Government

HH Household

LURC Land Use Rights Certificate

NPT National Power Transmission Corporation

PM2 220kV Phu My 2 Industrial Zone Substation and Connection Line

PPC Provincial Peoples Committee

ROW Right of Way

RP Resettlement Plan

RF Resettlement Framework

SES Socio-Economic Survey

SMUH 220kV Song May-Uyen Hung Transmission Line

SPMB Southern Power Management Board

SPS Safeguard Policy Statement

USD United States Dollars

VND Viet Nam Dong

Semi-annual Internal Monitoring Report

on Implementation of RP

1

Table of Contents

PART I INTRODUCTION ........................................................................................................ 3

1. Project background ........................................................................................................... 3

2. Progress of the project implementation ............................................................................ 5

2.1 Phu My 2 Industrial Zones Substation and Connection Lines subproject ........................ 5

2.2 Song May-Uyen Hung Transmission Line subproject ..................................................... 6

2.3 Progress of RP implementation ........................................................................................ 6

3. Safeguard policy and Human resources ........................................................................... 8

3.1 Project policy and Compliance with Government’s regulation and ADB’s requirement 8

3.2 Monitoring team ............................................................................................................... 8

PART II IMPLEMENTATION OF SAFEGUARD POLICY ................................................. 10

1. Public consultation, Participation, and Information disclosure ...................................... 10

2. Detailed measurement survey ......................................................................................... 10

3. Payment of compensation and assistance ....................................................................... 11

3.1 Payment of compensation and assistance for AHs ......................................................... 11

3.2 Payment of compensation and assistance for relocated HHs ......................................... 15

4. Other support for severely AHs and vulnerable groups ................................................. 15

5. Gender issue .................................................................................................................... 15

6. Grievances redress mechanism ....................................................................................... 15

PART III MONITORING ........................................................................................................ 16

1. Internal monitoring ......................................................................................................... 16

2. Monitoring the compliance of RP implementation ........................................................ 17

PART IV CONCLUSION AND RECOMMENDATION ....................................................... 19

1. Conclusion and Recommendation .................................................................................. 19

2. Plan for the next period ................................................................................................... 19

Annex 1 Agreement between contractor and AHs

Annex 2 Entitlement Matrix

Annex 3 New document on compensation and support

Annex 4 Working with community

Annex 5 List of additional DPs

Annex 6 List of DPs not receiving compensation and assistance

Annex 7 Replacement forest in other locality

Annex 8 Records of Grievance Redress Mechanism



2

List of table

Table 1 Scope of the subproject

Table 2 Construction work in 220kV Phu My 2 substation subproject

Table 3 Construction work in 220kV Song May-Uyen Hung TL subproject

Table 4 Progress of RP implementation (up to 12/2014)

Table 5 Member list of monitoring team

Table 6 List of approved compensation plan



3

PART I INTRODUCTION

1. Project background

1. The National Power Transmission Corporation (NPT) of the Government of the

Socialist Republic Viet Nam (GOV) has requested financing from the Asian Development

Bank (ADB) to partly fund Master Plan of Power Development of Viet Nam No.VI which

includes:

i. Subproject of 220kV Phu My 2 Industrial Zone Substation locates in Tan Phuoc

commune, Tan Thanh district, Ba Ria-Vung Tau province.

ii. Subproject of 220kV Song May-Uyen Hung transmission line has a total length of

about 21.68 km which belongs to Trang Bom and Vinh Cuu districts, Dong Nai

province, Bac Tan Uyen district and Tan Uyen town, Binh Duong province.

2. With less than 200 affected people could lose more than 10% of their productive asset

for the subproject of 220kV Song May-Uyen Hung transmission line and subproject of 220kV

Phu My 2 Industrial Zone Substation, making these two subprojects Category B.

Table 1 Scope of the subproject

No Subproject

component

Voltage

level

Number

of

circuits

Beginning

point

Ending

point

Length

(m)

Number

of angle

tower

I. Subproject: Phu My 2 Industrial Zones and Connection Lines

1

220kV Phu My

2 Industrial

zone

substation

220/110/

22kV

Capacity: 3x250MVA, initial stage 2x250MVA

Location: Tan Phuoc commune, Tan Thanh district, Ba Ria -

Vung Tau

Area: 56,000 m2 (included substation and access road)

2 The 220kV

connections 220kV 4 N242-66ĐN

220kV gate

pole of the

220kV Phu

My 2

1,808 4

3 The 110kv

connections

3.1 Part 1: 110kV

connection line 110kV 4

110kV gate

pole of the

220kV Phu My

2

pole T15/8 of

the 110kV

Phu My - Thi

Vai and

Posco

778 3



4

No Subproject

component

Voltage

level

Number

of

circuits

Beginning

point

Ending

point

Length

(m)

Number

of angle

tower

3.2 Part 2: 110kV

connection line 110kV 4

110kV gate

pole of the

220kV Phu My

2

pole T15/8

of the 110kV

Phu My - Thi

Vai and

Posco

859 3

II. Subproject: Song May–Uyen Hung Transmission Line 21,680 70

1

Line traverses

Dong Nai

province

220kV

220kV busbar

of

500kV Song

May substation

G28 6,940 32

2

Line traverses

Binh Duong

province

220kV

G28

220kV

busbar of

220kV Uyen

Hung

substation

14,740 38

3. The impacts of Phu My 2 Industrial Zones Substation and Connection Lines

subproject. The DMS implemented since August 2013 shows that about 132,220.3 m2 of land

affected by the project. Of which 58,705 m2 of land, including 49,079.3 m

2 handing over from

Phu My 2 Industrial Zone and 1,514 m2 under management of Tan Phuoc CPC, are

permanently acquired for substation, access road, tower foundations and 61,790.2 m2 of land

affected in ROW. Productive land, such as rice paddies, fish pond, vegetable gardens,

orchards, accounts for 83.3% of all affected lands. No one needs to be relocated by the project

implementation. DMS also found that there is no AH entitled as severely affected by the

project implementation.

4. A total of 85 households and 01 institution (Phu My 2 Industrial Zone) is impacted by

project resulting from land acquisition, in which 26 households is acquired land for

constructing substation, access road, and tower foundation. Among HHs impacted in ROW,

there are 19 households impacted with structures and houses. Types of houses and structures

in ROW is houses grade 4, houses grade 5. In addition, trees with commercial value are also

affected (about 191 timber trees/ industrial trees and 86 fruit trees by the project). The DMS

found that there are not any public facilities affected by the project.

5. The impacts of Song May-Uyen Hung Transmission Line subproject. The DMS

implemented since August 2013 shows that about 469,006.2 m2 of land are affected by the

project. Of which 21,350.1 m2 of land, including 8,185.8 m

2 managed by the Government, is

permanently acquired for tower foundations and 448,126.9 m2 of land affected by ROW.



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There is no AH identified as severely affected by the project implementation. According to

DMS, total 1,227.4 m2

of forest is acquired by foundation construction while 37,756.5 m2 of

forest affected by under ROW. Forest affected by the project is managed by Tan Uyen Forest

Protection Department.

6. A total of 219 households and 08 institutions are impacted by project resulting from

affected land, in which 55 households and 4 institutions are acquired land for constructing

tower foundation. Among AHs in ROW, there are 19 households impacted with structures and

houses. Types of houses and structures in ROW is houses grade 4, houses grade 5. In addition,

trees with commercial value, as eucalyptus, rubber, and cashew are also affected. The DMS

found that there are not any public facilities, historical and cultural structures affected by the

project.

2. Progress of the project implementation

2.1 Phu My 2 Industrial Zones Substation and Connection Lines subproject

7. The subproject construction activities in the period of 6 months including construction

of substation, rehabilitation of access road, excavation of towers’ foundation, tower erection,

and cable stringing. Construction works are mainly undertaken in the site of Phu My 2

Industrial Zone. Completion of works up to end of December, 2014 are as follow:

Table 2 Construction work in 220kV Phu My 2 substation subproject

Item Work content Progress (%)

I Access road to the substation

1 Access road 100

2 Cross bridge over the irrigation system 100

II 220kV Phu My Substation

1 Tower erection 100

2 Oil tank for incident cases 100

3 Waiting shift house 100

4 Operation house and pumping house 100

5 Fence building 100

6 Water drainage system 100

7 Equipment installation 100

8 Internal road 100

III Connection Lines

1 Connection tower foundation 100



6

Item Work content Progress (%)

2 Connection tower erection 100

3 Cable stringing 100

8. Phu My 2 substation has been operated in November 24, 2014 and connection lines

have been completed in November 30, 2014.

9. Though the construction of Phu My 2 substation has been done but the task of

compensation and support to affected households have not been done yet. To meet the

progress of construction work, the contractor and AHs have signed agreements that allow

construction works to be carried out before compensating for affected assets. Detail is

attached in Annex 1.

2.2 Song May-Uyen Hung Transmission Line subproject

10. The subproject construction activities in this period include excavation of towers’ foundation, tower erection, and cable stringing. The Song May-Uyen Hung subproject has

been operated in December 26, 2014. Details of completion works done during the second

half of year 2014 are presented in the following table.

Table 3 Construction work in 220kV Song May-Uyen Hung TL subproject

Item Activities Unit Binh Duong Dong Nai Progress

1 Foundation excavation tower

foundation

38 32 100 %

2 Foundation concretion tower

foundation

37 32 100 %

3 Backfilling tower

foundation

36 32 100 %

4 Grounding for tower tower 36 32 100 %

5 Tower erection tower 35 32 100 %

6 Cable stringing m 8,930 6,636 100 %

11. The project of 220kV Song May-Uyen Hung transmission line is mainly completed

construction work and operated in December 26, 2014.

2.3 Progress of RP implementation

12. The compliance with ADB’s safeguard policies seems to be fully implemented.

Resettlement plan is carried out step by step as the project’s policy and progress of RP implementation is stated in Table 4.



7

Table 4 Progress of RP implementation (up to 12/2014)

Project 220kV Song May-Uyen Hung TL 220kV Phu My 2 SS

Province Dong Nai Binh Duong Ba Ria-Vung Tau

District Trang Bom Vinh Cuu Bac Tan Uyen Tan Uyen town

Tan Thanh

Activities on RP Implementation

Bac Son Tan An Thuong Tan

Tan My Tan Phuoc

Information Disclosure and

Public Consultation

100% 100% 100% 100% 100% 100%

Detailed Measurement

Survey

100% 100% 100% 100% 100% 100%

Preparing Compensation

Plan

100% 100% 100% 100% 100% 100%

Consulting and Counseling

with the APs on

compensation plan

100% 100% 100% 100% 100% 100%

Finalized the compensation

plan and submit for approval

100% 100% 100% 100% 100% 61.7%

Verify and approve the

compensation plan

100% 98.4% 100% 100% 100% 54.3%

Compensation Payment 100% 94.3% 100% 86.5% 100% 27.5%

Site Clearance 100% 100% 100% 100% 100% 56.5%

Independent Monitoring Second monitoring



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3. Safeguard policy and Human resources

3.1 Project policy and Compliance with Government’s regulation and ADB’s requirement

13. To address the discrepancies between ADB Safeguard Policy and relevant GoV

regulations, the subproject principles on resettlement policy are as follows:

i. Meaningful consultations have been carried out with the APs and concerned groups

and ensure participation from planning up to implementation. The comments and

suggestions of the APs and communities have been taken into account;

ii. The RP is disclosed to APs in a form and language that understandable to them;

iii. Involuntary resettlement and impacts on land, structures and other fixed assets are

avoided or minimised where possible;

iv. Compensation and assistance is based on the principle of replacement cost;

v. Severely affected household is entitled when they are losing 10% or more of the

household’s productive land;

vi. Special assistance has been incorporated in the resettlement plan to protect socially and

economically vulnerable groups such as households headed by women, children,

disabled, the elderly, landless and people living below the provincial poverty line;

vii. Gender concerns are incorporated through RP implementation;

viii. Reporting and independent monitoring is defined as a part of the subproject

management system. Periodically independent monitoring on implementation of RP

has been implemented.

14. Details of project policy for compensation and allowances are indicated in the

entitlement matrix (Annex 2).

15. To fully improve for households affected by construction of Phu My 2 substation, Ba

Ria-Vung Tau PPC, particularly, has promulgated document on specified compensation,

support, and resettlement for the subproject of 220kV Phu My 2 substation and connection

lines. This new document is also attached in Annex 3.

3.2 Monitoring team

16. A team, including 4 staff specialized in resettlement activities, has been established by

SPMB in the second quarter of year 2014. Besides, SPMB has mobilized three intermittent

consultants since November, 2013 to support the implementation of the subprojects. The list

of team members is presented in table below.



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Table 5 Member list of monitoring team

No. Name Position Responsibility

1. Mr.Nguyen Hai

Dang

Head of

Compensation

Department

Overall management of RP

implementation of two subprojects

2. Mr.Phan Van Tranh Expert, Department of

Compensation

Supervising and reporting the

progress of RP implementation of

two subprojects

3. Ms.Luu Nguyen

Huong Lan*

Expert, Department of

Compensation

Supervising and reporting the

progress of RP implementation of

two subprojects

4. Mr.Truong Quang

Lam

Expert, Department of

Compensation

Supervising implementation of RP

in the subproject of 220kV PM2 SS

5. Ms.Nguyen Thu Ha Resettlement

Consultant

Support SPMB in the

implementation of resettlement

safeguard policy

6. Mr.Ngo Huy Toan Independent

Monitoring Consultant

Carrying out External monitoring

activities

7. Mr.Hoang Trung

Thanh

Environmental

Consultant

Support SPMB in the

implementation of environmental

safeguard policy

(*) maternity leave since July 2014



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PART II IMPLEMENTATION OF SAFEGUARD POLICY

1. Public consultation, Participation, and Information disclosure

17. Information of the project such as policy on compensation, support, and resettlement;

detailed compensation payment; and particularly grievance redress mechanism have been

delivered to all affected households. Compensation plans have also been placed in public

areas.

18. In this period, it will be continued to disclose grievance procedure to ensure that any

complaints and grievances are addressed and resolved in a timely and satisfactory manner.

Affected households are fully aware of their rights for grievance mechanisms about any

aspects of the project and they can lodge their complaint at any time through the project

implementation.

19. The resettlement consultant of SPMB also carried out in-depth interview with people

of the affected commune to obtain further information regarding satisfaction of APs on

compensation and support, as well as awareness of APs on grievance redress mechanism.

20. Regarding to disclosure of the updated RP, key information has already been provided

to the project area in order to get feedback of APs and other stakeholders.

21. Information disclosure will be continued throughout project cycle with the updated

policies.

2. Detailed measurement survey

22. Detailed Measurement Survey had been carried out since September 2013 and nearly

completed in the first semi-annual. However, during construction period some problems have

been identified including (i) incorrect name of land owner; (ii) supplementary of AHs list; and

(iii) dispute between DPs about the property of land. DLFDC, therefore, had to additional

measurement of damaged assets. List of DPs having assets under ROW to be added is

presented in Annex 5.

23. Regarding restoration of APs’ income, up to now, there is no AH entitled as severely

affected household.

24. No more households is recorded as vulnerable which includes (i) female headed

households without support; (ii) disabled household heads; (iii) poor households (according to

the regulation of Ba Ria-Vung Tau, Binh Duong and Dong Nai provinces); (iv) children and

the elderly headed households who are landless and with no other means of support; (v)

landless households; and (vi) ethnic minorities.



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3. Payment of compensation and assistance

3.1 Payment of compensation and assistance for AHs

25. In subproject of Phu My 2 substation, compensation plans have been approved for 44

AHs and payment of compensation and support has been carrying out. However, total 41AHs

will be approved by local authority next month after completing information dissemination.

26. Compensation plan for the rest of AHs has been delayed due to the new legislation

documents under Land Law. Besides that, Ba Ria-Vung Tau PPC has promulgated a new

document state that for households whose land is limited to use: apply Article 25 of Decree

47/2014/ND-CP dated May 15, 2014 of the government to support at 80% of the land price

specified by PPC. Details are attached in page 1, Annex 3.

27. For those having house, living condition, and land affected by the substation could be

moved to another place, if needed (page 2, Annex 3).

28. Compensation plans had been approved for almost AHs in the subproject of 220kV

Song May-Uyen Hung TL, except one household just listed as affected household. During

construction work, some AHs temporally affected by construction activities have also get

payment for their assets lost. Details are showed in Annex 1.

The total cost for implementation of resettlement plan is estimated at VND 48,539,084,393 or US$ 2,298,252. This proposed budget includes compensation and allowances, cost for DCARCs. As of December 2014, the total budget of approved compensation, assistance and resettlement is VND 43,610,650,757 and it has been

paid for the affected people, except some cases under reviewing of government authority (Annex 4 Working with community



12



13


No. Name of DPs Address

1. Nguyễn Xuân Phương Vinh Cuu district, Dong Nai

2. Nguyễn Minh Giám Vinh Cuu district, Dong Nai

3. Phu An Company Ltd. Bac Tan Uyen district, Binh Duong

4. Nguyễn Thắng Bac Tan Uyen district, Binh Duong

5. Nguyễn Thị Phướng Bac Tan Uyen district, Binh Duong

6. Trần Hưng Thế Bac Tan Uyen district, Binh Duong

7. Nguyễn Thế Phương Bac Tan Uyen district, Binh Duong

8. Nguyễn Thị Viên Bac Tan Uyen district, Binh Duong



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29. Annex 6).

30. Regarding forest land, the project acquired 1,227.4 m2 of forest for constructing

foundation and 37,756.5 m2 impacted by under ROW. Due to lack of land for planting forest,

SPMB will pay for replacement forest in other locality (Annex 7).

Table 6 List of approved compensation plan

Subproject Province District/town Compensation plan

220kV Phu My 2

Industrial Zone

substation

Ba Ria-

Vung Tau

Tan Thanh Decision No.6808/QD-UBND approved

by Tan Thanh DPC dated 12/12/2013

Decision No.1376/QD-UBND approved




220kV Song

May-Uyen Hung

transmission line

Dong Nai Trang Bom Decision No.2709/QD-UBND approved

by Dong Nai PPC dated 27/08/2013



Vinh Cuu Decision No.147/QD-UBND approved








Decision No.1176/QD-UBND issued by

Dong Nai PPC dated 26/04/2014







15

Subproject Province District/town Compensation plan



Binh

Duong

Bac Tan

Uyen


by Bac Tan Uyen DPC dated 06/10/2014

to amend and supplement the Decision

No.843/QD-UBND approved by Bac

Tan Uyen DPC dated 28/7/2014

Tan Uyen

town


by Tan Uyen DPC dated 23/7/2014

3.2 Payment of compensation and assistance for relocated HHs

31. No one needs to be relocated due to the project implementation. It, therefore, is not

necessary to establish resettlement site neither support for relocated HHs.

4. Other support for severely AHs and vulnerable groups

32. DMS found that there is not any AH entitled as severely or vulnerable groups. It is,

therefore, not any official support program applied in the project area.

5. Gender issue

33. The DMS found that more than 30% headed households are female. It means that

women has played an important role in community, women’s participation in the project’s decision making has been taken into account.

6. Grievances redress mechanism

34. Most of affected households seem to be satisfied with the compensation and assistance

of the project.

35. During this period, there are four cases located in the project area of Song May-Uyen

Hung having complaints on their affected assets and now under reviewing. Status of

complaints is summarized in Annex 8.



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PART III MONITORING

36. The SPMB established systems for internal and external monitoring and evaluation.

The main purpose of the monitoring and evaluation programme is to ensure that resettlement

and acquisition of land and properties has been implemented in accordance with the policies

and procedures of the RP. External monitoring and evaluation, in particular, has focused on

social impacts on DPs and whether or not DPs have been able to restore a standard of living

equal to, if not better than, that which they had before the subproject.

37. The objectives of the monitoring and evaluation programme are to (i) ensure that the

standard of living of DPs is restored or improved; (ii) monitor whether the time lines are being

met; (iii) assess if compensation, rehabilitation measures and social development support

programmes are sufficient; (iv) identify problems or potential problems; and (v) identify

methods of responding immediately to mitigate problems.

1. Internal monitoring

38. The SPMB conducted the internal monitoring of RP implementation to identify as

early as possible the activities achieved and the cause(s) of problems encountered so that

arrangements in RP implementation can be adjusted. Results of the internal monitoring are to

be reported quarterly to NPT and ADB. The semi-annual report is also prepared to summarize

all activities relevant to the implementation of RP done during six months.

39. This semi-annual monitoring report for the second half of year 2014 has been prepared

in compliance with the ADB requirements. This report incorporated monitoring results for the

period of July-December 2014 in purpose to show how the tasks have been implemented

during 6 months and the works taken to improve the situation, if needed. Relevant information

has been collected monthly from the field to assess the progress of RP implementation and

then consolidated.

40. Based on the RF, the main indicators that regularly monitored in this period are:

i. Payment of compensation in various categories to all AHs, according to the project

policy;

ii. Adherence to grievance procedures;

iii. Coordination and completion of compensation and handing over cleared site to

construction contractor.

iv. Public consultation and information dissemination procedures to the new affected

households arise;



17

41. Moreover, the field surveys were carried out twice respectively in August 2014 and

November 2014 by SPMB’s consultant. At each survey, the Consultant has cooperated with

contractor in charge of clearance site, contractor of construction, local government, and local

community to follow up and develop the steps of RPs’ implementation in adequate process.

42. Working with stakeholders such as CPC, DLFDC, PECC3 and in-depth interviewing

APs has been applied to achieve the monitoring target.

2. Monitoring the compliance of RP implementation

43. The general objective of the external monitor is to provide an independent verification

of the SPMB’s monitoring information through the conducting of a periodic review and assessment of achievement of resettlement objectives, the changes in living standards and

livelihoods, restoration of the economic and social base of the affected people, the

effectiveness, impact and sustainability of entitlements, the need for further mitigation

measures if any, and to learn strategic lessons for future policy formulation and planning.

44. The external monitoring was conducted to (i) ensure that livelihoods and living

standards of affected people are restored or improved; (ii) monitor that the overall project and

resettlement objectives are being met in accordance with the resettlement plans, and if not

recommend corrective action measures; (iii) assess if rehabilitation and compensation

measures are sufficient and in compliance with the resettlement plans and ADB's Safeguard

Policy Statement; (iv) identify deviations and issues that may arise in the course of

implementation and recommend actions for mitigation.

45. In this time, the consultant undertook the following specific tasks as below:

- In term of compensation payment, it is focused to (a) full payment to be made to all

affected persons sufficiently before land acquisition; adequacy of payment to replace

affected assets; and (b) compensation for affected structures should be equivalent to

the replacement cost of materials and labor based on standards and special features of

construction with no deductions made for depreciation or the value of salvageable

materials;

- Coordination of resettlement activities with construction schedule that the

compensation and support should be completed prior to award of the civil works;

- Public consultation and awareness of compensation policy including (a) all DPs should

be fully informed and consulted about land acquisition activity; (b) the monitoring

team should work with community to monitor problems and issues that arise during

the project implementation, and solutions that are proposed; (c) public awareness of



18

the compensation policy and entitlements will be assessed among all DPs; (d)

assessment of awareness of various options available to DPs as provided for in the RP;

- Affected persons should be monitored regarding restoration of productive activities;

- The level of satisfaction of DPs with various aspects of the RP is recorded. The

operation of the mechanisms for grievance redress, and the speed of grievance redress

are monitored;

- Throughout the implementation process, the trends of living standards have been

observed and surveyed. Any potential problems in the restoration of living standards

could be reported;

46. Referred Independent Monitoring Report for more details.

47. Additionally, SPMB had worked with ADB’s team during ADB’s mission organized in November, 2014 to check whether the implementation of RP has been done in compliance

with the safeguard policy on resettlement.



19

PART IV CONCLUSION AND RECOMMENDATION

1. Conclusion and Recommendation

48. Generally, compensation and clearance work in two subprojects have been

implemented compliance with the social safety principles of the ADB and the Government.

49. The subprojects of 220kV Song May-Uyen Hung transmission line and Phu My 2

Substation have been operated as SPMB’s target. However, compensation payment is still

delayed compared to construction progress.

50. In the subproject of 220kV Song May-Uyen Hung TL, compensation plans have been

approved for almost AHs, except one new circumstance arise. Compensation payments have

been delivered to AHs and will be completed in the first quarter of year 2015.

51. In the 220kV Phu My 2 substation subproject, compensation plans have been approved

for 44 AHs, and the drafted compensation plans for 41 AHs are disclosed in local community.

It is proposed to get approval of Tan Thanh DPC next month.

2. Plan for the next period

52. SPMB will continue to disclosure project’s information such as grievance redress

mechanism, and specially regulations of electrical safety in local community.

53. SPMB has planned to complete payment of compensation and assistance in the first

quarter of year 2015.

54. The next monitoring carried out in the subproject areas of 220kV Song May-Uyen

Hung TL will be focused on (i) reviewing complaint cases whether AHs satisfied; (ii)

evaluating living condition of AHs whether it could be better-off.

55. For the subproject of 220kV Phu My 2 substation, the next monitoring will be

conducted to ensure that compensation and support for the rest of AHs will be done smoothly

and compliance with ADB social safeguard policies; grievance redress mechanism also taken

into account.



20

Annex 1 Agreement between contractor and AHs



21



22



23

Annex 2 Entitlement Matrix

Entitled Persons Type & Level Of

Impact

Compensation Policy Implementation

A. AGRICULTURAL LAND

A.1 Permanently affected agricultural land

Owners with

LURC, owners in

process of

acquiring LURC,

owners eligible to

acquire LURC

AND public

organizations

More than 10 percent

or more of total

productive

landholding affected

a/ As a priority, allocation of replacement

land: (i) equal in area to affected land up to

a maximum of land quota in the locality;

(ii) of same category (or productive

capacity); (iii) at a location satisfactory to

AP; (iv) with full title in the names of both

the household head and his/her spouse; and

(v) without charge for taxes, registration

and land transfer charges; and

b/ Economic rehabilitation package (see G,

below);

Or, if AP opts,

a/ Cash compensation at replacement cost;

and,

b/ Economic rehabilitation package (see G,

below).

AHs to be notified on reason of land

acquisition, schedule and plan,

compensation plan on compensation,

site clearance, resettlement at least

90 days prior to land acquisition

(Land Law 2003, Article 39).

Full payment for affected land to

AHs at least 01 months before site

clearance.

SMUH subproject

The compensation rate for

agricultural land was paid according

to Dong Nai and Binh Duong PPC’s compensation rate. Additionally,

allowance for agricultural land

acquisition accounts for 50% and



24


Impact


Less than 10 percent

of total productive

landholding affected

Cash compensation at replacement cost at

current market prices for affected portion if

remaining holding is viable;

OR

Cash compensation at replacement cost at

current market prices for entire

landholding, if remaining holding is not

viable.

60% of compensation rate for land

in Binh Duong and Dong Nai

province respectively.

PM2 Subproject

The compensation at market price is

paid for agricultural land acquired.

Allowance for agricultural land

acquisition accounts for 50%

compensation rate for land.

A.2 Impact on productive land in ROW

All AHs have

productive land in

ROW

Partially impact or

totally impact

a/ No compensation for land

b/ Compensation for fruit trees and others

at market price.

c/ Support for utilization of restricted land

SMUH subproject

Allowance for limitation of land use

is equal to 80% and 60% of

compensation rate for land in Binh

Duong and Dong Nai province

respectively.

PM2 Subproject


is equal to 80% of compensation rate

for land.

AHs receive compensation for



25


Impact


tree/crop without returning

compensated tree/crop

B. RESIDENTIAL AND/OR NON-AGRICULTURAL LAND (e.g., commercial)

B.1 Impact on residential and/or non-agricultural land in ROW

All AHs have

residential and/or

non-agricultural

land in ROW

Partially impact or

totally impact

a/ No compensation for land

b/ Allowance for purchasing fireproof

materials and lightning arrestors for the

existing house/structure or cash

compensation at replacement cost of

affected house/structure

c/ Support for utilization of restricted land

SMUH subproject


is equal to 80% and 70% of

compensation rate for residential

land in Binh Duong and Dong Nai

province, respectively.

For house/structure under ROW,

allowance is paid by 70% of its

compensation rate.

PM2 Subproject



for land.

C. MAIN HOUSES AND OTHER STRUCTURES IN ROW

C.1. Main house in ROW

All AHs have Partially impact on a/ Retain their houses in ROW according to SMUH subproject



26


Impact


house/structure and

trees in ROW

house or structures in

ROW (affected area

less than 50% of total

land area without any

impact to the

remaining structures

of the house/building)

the conditions regulated by Article 13 of

Decree No. 14/2014/NĐ-CP and cash

compensation for directly affected parts of

the houses at the replacement cost and cost

for demolishing the affected part

Allowance for limitation of

house/structure use is equal to 70%

of its compensation rate.

PM2 Subproject




Demolishing partial

or totally impact on

house/structures

(impact >50%, or less

than 50%)

a/ AH could chose one of the following

options:

Retaining their houses or building in ROW

according to the conditions regulated by

Article 13 of Decree 14/2014/NĐ-CP.

Allowance for purchasing fireproof

materials and lightning arrestors for the

existing house/building.

Cash compensation at replacement cost for

full areas of affected house/structure and

cost for demolishing AHs’ houses in ROW.

b/ Support for utilization of restricted

house and impacts on daily-life activities

C.2 Other Structures, e.g., kitchens, toilets, animal sheds, fences, foundations, etc. in ROW



27


Impact


Other structures Structures affected

due to location in

ROW of the T/L

Support for improvement of installing

fireproof materials and lightning arrestors

For structure with improvement,

allowance is paid at PPC’s rate for rehabilitation of installing fireproof

materials and lightning arrestors.

SMUH subproject

For structure without improvement,

allowance is paid by 70% of its

compensation rate.

PM2 Subproject

For structure without improvement,

allowance for limitation of



D. ANNUAL AND PERENNIAL CROPS, FRUIT AND TIMBER TREES AND TREE/PLANT FENCES

Crops and/ or trees Loss of annual crops If standing crops are ripening and cannot

be harvested, cash compensation of un-

harvested crops at market values based on

the average production aver past 3 years.

AHs to be notified at least 2 months

for harvesting crops;

Compensation is made depending on

the species, age, and value of

affected tree/crop.

AHs receive compensation for

tree/crop without returning

Loss of perennial

trees, fruit and timber

trees and tree fences

Cash compensation at current market

prices given the type, age and productive

value of the affected crops and/or trees.



28


Impact


compensated tree/crop.

G. REHABILITATION ASSISTANCE

G.1 Economic Rehabilitation Package

Severely affected

persons, displaced

from housing or

losing 10 percent or

more of their

productive, income

generating

irrespective of

tenure status.

Assistance to restore

livelihoods and

incomes following

acquisition of

agricultural land or

other productive

assets

AHs directly cultivate on the affected land

to be entitled:

(i) Losing from 10 to 30% of agricultural

land holding: Cash assistance equal to 30

kg of rice (valued at market price) per

month per household member for 3

months, if not relocating; for 6 months if

relocating; and for 12 months if relocating

in a harsh living condition area;

(ii) Losing more than 30% to 70% of total

agriculture landholding.

Cash assistance equal to 30 kg of rice

(valued at market price) per month per

household member for 6 months, if not

relocating; for 12 months if relocating; and

for 24 months if relocating in a harsh living

condition area;

(iii) Losing more than 70% of total

It is not necessary to implement IRP

due to none severely affected house

identified.



29


Impact


agriculture landholding

Cash assistance equal to 30 kg of rice

(valued at market price) per month per

household member for 12 months, if not

relocating; for 24 months if relocating; and

for 36 months if relocating in a harsh living

condition area; AND

(iv) In-kind assistance to be decided in

consultation with eligible APs. Forms or

assistance may include, but are not limited

to, agricultural extension assistance, and

training for non-agricultural occupations.

And

(v) Participating in income restoration

programs (IRP).

G.2 Assistance for job changing and creation

AHs with

agricultural land

permanently

affected

Assistance for job

changing and

creation.

Cash assistance equal to 1.5 time of

compensation value for affected for

acquired land area but not exceed 5 (five)

times of land quota in locality, according to

PPC’s regulation.

SMUH subproject

Binh Duong: Cash assistance for

permanently agricultural land

affected accounts for 50% of

compensation rate for residential



30


Impact


If AP has demand for training, he/she will

be entitled to a free training course

land nearby.

Dong Nai: Cash assistance for

permanently agricultural land

affected equals to 1.5 times of

compensation value for acquired

land.

PM2 subproject

Ba Ria-Vung Tau: Cash assistance is

equal to 1.5 times of compensation

value of acquired land areas.

Vocational training card is given for

all family members of labor force,

equivalent to the amount of VND

6,000,000 per member.

G.3 Special allowance for social and economically vulnerable households

Vulnerable APs

(the poor, war

invalid person,

woman headed

household, the

elderly)

Assistance to the

poor and vulnerable

households to

improve their social

and economic

conditions.

For the poor households, cash assistance

equal to 30 kg of rice (at market price) per

each family member per month for at least

6 months

For other vulnerable APs, assistance of

VND 2,000,000 per household to improve

No one entitled as vulnerable AP.



31


Impact


their social and economic conditions

G.4 Assistance for houses in ROW

AHs with house in

ROW

Assistance to

improve house or

install fireproof

materials and lighting

arrestors. And

assistance to mitigate

impacts due to

restricted usability

and impacts on daily

activities.

With houses grade 4, allowance for

installing fireproof materials and lighting

arrestors.

With houses grade 5, allowance for

rehabilitation.

Allowance due to restricted usability and

impacts on daily activities (according to

Decree 14/2014/ND-CP, it is ≤ 30% value of house).

SMUH subproject

Allowance for limitation of house

use is equal to 70% of its

compensation rate.

PM2 Subproject

Allowance for limitation of house


compensation rate.

G.5 Assistance for other structures in ROW

AHs with other

structures in ROW

Assistance to

improve structure or

install fireproof

With structure grade 4, allowance for

installing fireproof materials and lighting

arrestors.

SMUH subproject

Allowance for limitation of structure




32


Impact


materials and lighting

arrestors.

With structure grade 5, allowance for

rehabilitation.

compensation rate.

PM2 Subproject

Allowance for limitation of structure


compensation rate.

G.6 Assistance for land in ROW

AHs with land in

ROW

Assistance to mitigate

impacts due to

restricted usability of

land

Allowance for agricultural land, residential

land, production planted, production forest,

non-agricultural land in ROW (according

to GOV Decree No.14/2014/ND-CP)

SMUH subproject


residential land use is equal to 80%

and 70% of its compensation rate in

Binh Duong and Dong Nai province,

respectively.


productive land use is equal to 80%

and 60% of its compensation rate in

Binh Duong and Dong Nai province

respectively.

For planted production forest,

compensation for land is not paid

but allowance for exploitation,

maintenance, and investment for



33


Impact


land accounts for 60.000 VND/m2.

PM2 Subproject



for land.



34

Annex 3 New document on compensation and support



35



36

Annex 4 Working with community



37


No. Name of DPs Address

9. Nguyễn Xuân Phương Vinh Cuu district, Dong Nai

10. Nguyễn Minh Giám Vinh Cuu district, Dong Nai

11. Phu An Company Ltd. Bac Tan Uyen district, Binh Duong

12. Nguyễn Thắng Bac Tan Uyen district, Binh Duong

13. Nguyễn Thị Phướng Bac Tan Uyen district, Binh Duong

14. Trần Hưng Thế Bac Tan Uyen district, Binh Duong

15. Nguyễn Thế Phương Bac Tan Uyen district, Binh Duong

16. Nguyễn Thị Viên Bac Tan Uyen district, Binh Duong



38

Annex 6 List of DPs not receiving compensation and assistance

No. Name of DPs Address Note

1. Hàn Quang Vinh Bac Tan Uyen

district, Binh Duong

Transferred the land use right for

Đoàn Quang Tú

2. Hàn Thanh Sơn Bac Tan Uyen



Đoàn Quang Tú

3. Hàn Mạnh Hùng Bac Tan Uyen



Đoàn Quang Tú

4. Phạm Thị Thu Thủy Bac Tan Uyen


Complaint on compensation price

for forest land

5. Nguyễn Văn Hanh Bac Tan Uyen


Dispute with other owner about

the land use right

6. Đỗ Thị Mỹ Phượng Bac Tan Uyen


Adjust the compensation value

due to land acquisition for

foundation instead of under ROW

7. Unidentified mane Bac Tan Uyen




39

Annex 7 Replacement forest in other locality



40



41

Annex 8 Records of Grievance Redress Mechanism

Table 1 Status of Complaint till December 2014

Note: (*) three cases under reviewing

(**) 4 HHs under stage of Phu My 2 Industrial Zone’s site clearance

Affected commune

Communal Level District Level Compensation Committee Provincial Level Court

No. of HHs Complained

No. of HHs satisfactorily

resolved



resolved



resolved



resolved



resolved

220kV Phu My 2 Industrial Zone Substation and Connection Lines

Tan Phuoc 0 0 0 0 0 0 0 0 4 4

220kV Song May-Uyen Hung Transmission Line

Bac Son 0 0 1 1 0 0 0 0 0 0

Tan An 3 1 0 0 0 0 0 0 0 0

Thuong Tan 0 0 0 0 0 0 0 0 0 0

Tan My 1 0 0 0 0 0 0 0 0 0

Uyen Hung 0 0 0 0 0 0 0 0 0 0

Total 4* 1 1 1 0 0 0 0 4** 4

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