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Resettlement Due Diligence Report August 2015 VIE: Power Transmission Investment Program, Tranche 2 - 500kV Pleiku-My Phuoc-Cau Bong Transmission Line Gia Lai Province Prepared by Central Vietnam Power Projects Management Board for the National Power Transmission Corporation and the Asian Development Bank. This resettlement due diligence 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.

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Page 1: VIE: Power Transmission Investment Program, Tranche … · VIE: Power Transmission Investment Program, ... Pleiku – My Phuoc – Cau Bong TL: Gia Lai ... cost of the Power Transmission

Resettlement Due Diligence Report

August 2015

VIE: Power Transmission Investment Program,

Tranche 2 - 500kV Pleiku-My Phuoc-Cau Bong

Transmission Line

Gia Lai Province

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

Transmission Corporation and the Asian Development Bank.

This resettlement due diligence 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.

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NATIONAL POWER TRANSMISSION CORPORATION

CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD

PLEIKU – MY PHUOC – CAU BONG 500 KV TRANSMISSION LINE PROJECT

Loan: VIE-2959

DUE DILIGENCE REPORT

(FOR IMPLEMENTATION OF LARAP/REMDP IN

THE POWER TRANSMISSION INVESTMENT PROGRAM IN

GIA LAI PROVINCE - TRANCHE 2)

August 2015

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Table of Contents

I. GENERAL INFORMATION OF THE PROJECT .......................................................................... 6

1. Context and Project Implementation Progress ............................................................................. 6

2. Project of 500kV Pleiku – My Phuoc – Cau Bong TL: Gia Lai Province ................................... 6

II. IMPACT OF PROJECT 500KV PLEIKU – MY PHƯỚC – CẦU BÔNG IN GIA LAI

PROVINCE .............................................................................................................................................. 7

1. Scope of land acquisition ................................................................................................................. 7

2. Impact to the trees and crops.......................................................................................................... 8

3. Impacts on houses and structures .................................................................................................. 8

4. Numbers of affected households ..................................................................................................... 9

III. DUE DILEGIENT ACTIVITIES .................................................................................................. 10

IV. POLICY OF THE PROJECT ........................................................................................................ 11

1. Policy Prior to DMS and Updating of REMDPs ......................................................................... 11

2. Policy on REMDP Implementation .......................................................................................... 12

3. Management and Administration ............................................................................................ 13

V. FINDINGS ......................................................................................................................................... 15

1. Consultation, participation, information disclosure ................................................................... 15

2. Detail measurement surveys ......................................................................................................... 16

3. Entitlements.................................................................................................................................... 16

4. Compensation payment ................................................................................................................. 17

5. Provisions of Assistance ................................................................................................................ 18

6. Solving complaints and grievances ............................................................................................... 19

7. Monitoring ...................................................................................................................................... 20

VI. GAPs and recommended correct action ........................................................................................ 20

1. GAPs ................................................................................................................................................ 20

2. Recommended correct action ....................................................................................................... 21

ANNEX 1. GAPs/ CAPs ........................................................................................................................ 22

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TABLES

Table 1: Status of land acquisition in Gia Lai province ......................................................... 7

Table 2: Status of the impact on trees and crops .................................................................... 8

Table 3: Impact on houses and structures in Gia Lai province ............................................. 8

Table 4: Number of households with their lands permanently affected, the number of

households with their lands affected by the corridor and the number of households

displaced their home .................................................................................................................. 9

Table 5: The numbers of severely affected households, vulnerable households and ethnic

minority households ................................................................................................................. 10

Table 6: Official documents sent to the districts ................................................................... 15

Table 7: Some types of information disclosure in the project .............................................. 16

Table 8: Compensations and assistance activities peformed until 30/8/2015 ..................... 18

Table 9: Implementation of assistance in Gia Lai province ................................................ 19

Table 10: Situation and numbers of complaints and grievances in Gia Lai province ....... 19

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ABBREVIATIONS

ADB Asian Development Bank

AFD Agence Française de Développement

AP Affected households

CPMU Central Vietnam Power Project Management Board

CEMP Contractor’s Environmental Management Plan

CPCs Commune People’s Committees

DARD Department of Agriculture and Rural Development

DPCs Commune People’s Committees

DONRE Department of Natural Resources and Environment

DRCC District Resettlement and Compensation Committee

REMDP Ethnic Minority Development Plan

FGDs Focus Group Discussions

GoV Government of Vietnam

LARAP Land Acquisition and Resettlement

IDIs In-depth interviews

IEE Initial Environmental Examination

MONRE Ministry of Natural Resources and Environment

NPT National Power Transmission Corporation

PAHs The project affected households

PAPs The project affected peoples

PPC Provincial People Committee

PTC3 Power Transmission Company No.3

PTC4 Power Transmission Company No.4

RoW Right of Way

TL: Transmission line

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I. GENERAL INFORMATION OF THE PROJECT

1. Context and Project Implementation Progress

1. The Socialist Republic of Viet Nam has applied for a loan from the Asian

Development Bank (ADB) for the co-financing with Agence Francaise de

Development (AFD) towards the cost of the Power Transmission

Investment Program, Tranche 2. Part of the proceeds of the loan will be

applied for the construction of the Pleiku - My Phuoc - Cau Bong 500 kV

transmission line. The National Power Transmission Corporation (NPT) is

the investor and executing agency. The Central Vietnam Power Project

Management Board (CPMU) is the management and implementing agency

for the project.

2. The Pleiku - MyPhuoc - Cau Bong 500kV transmission line is a high

priority project and is one of several projects for construction to meet its

target of connecting 90% of the population to have access to electricity by

2020 and 100% by 2025. The project 500kV Pleiku - My Phuoc - Cau

Bong has overall objective of ensuring the supply of electricity for

southern regional growth phase from 2014 to 2015, while ensuring the link

of transmission networks of three countries of Vietnam - Laos - Cambodia

in 2015. The project will also contribute to improve the reliability of power

supply, reduce power losses and ensure maximum mobilization capacity of

the power plant to provide electricity safely, continuously for the loading

areas in the South in particular, nationwide in general the transmission

lines traverse 06 provinces and city are: Gia Lai, Dak Lak, Dak Nong and

Binh Phuoc, Binh Duong and Ho Chi Minh city.

2. Project of 500kV Pleiku – My Phuoc – Cau Bong TL: Gia Lai Province

3. In the province of Gia Lai, the transmission line of 500kV Pleiku - My

Phuoc - Cau Bong has 82,365 km in length. It is beginning at Pleiku

substations to end at position Picket 827 + 68 (G13-G14).

4. In Gia Lai province, the number of built towers is 173 with 153 suspension

towers and 23 tension towers. The length of ROW is 32 m in width, the

area occupied per suspension column is 337.62 m², the area occupied per

anchor column is 653.4 m².

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II. IMPACT OF PROJECT 500KV PLEIKU – MY PHƯỚC – CẦU BÔNG

IN GIA LAI PROVINCE

1. Scope of land acquisition

5. The total land area was permanently acquired for the placement of towers

is 79,108 m2. The land area is now permanently acquired for the

construction of 173 tower columns. The temporary borrowing land for road

construction, materials yard is 13,376 m2.

6. Total land area was affected to change the land use purpose under the

safety corridor in Gia Lai province is 2,528,415 m2.

Table 1: Status of land acquisition in Gia Lai province

Nr

District

Permanent

ly acquired

land area

(m2)

Restricted

land areas in

using under

the ROW

(m2)

Temporary land

area in using

for preparing

construction

such as roads,

material yards

etc (m2)

Chư Păh 3.295 53.162 1.558

Ia Grai 18.610 594.539 3.147

Pleiku 6.123 235.246 1.035

Chư Prông 38.886 1.092.897 5.575

Chư Pưh 12.194 552.572 2.061

Total land area (m2) 79.108 2.528.415 13.376

Source: Monitoring report

7. Apart from affecting the mentioned land area of transmission line, the

expansion of the compartment at the station of 500kV Pleiku feeder led to

the land acquisition of 28,787.48 m2 in Hoa Nghia town, Chu Pah District,

Gia Lai Province. Specifically, the land area acquired in Nghia Hoa is

1,606.77 m2 and Hoa Phu commune is 19,180.71 m

2. In particular, the

affected land area of perennial trees of 68 HHs is 20,414.02 m2, the land

area is acquired to use for the ground transportation is 323.46 m2.

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2. Impact to the trees and crops

8. There is a total of 134,292 trees were fallen to cut, including 123,571

industrial trees of all kinds such as rubber, cashew, coffee, other remains

are 9,287 some fruit trees and 1,434 timber trees.

Table 2: Status of the impact on trees and crops

District

Total trees

and crops

(Trees)

Industrial

trees

Fruit trees Others

Chư Păh 9,965 8,450 1,480 35

Ia Grai 21,178 20,026 630 522

Pleiku 29,947 26,783 2,790 374

Chư Prông 45,068 43,042 1,930 96

Chư Pưh 28,134 25,270 2,457 407

134,292 123,571 9,287 1,434

3. Impacts on houses and structures

9. There are 45 houses and structures affected and displaced out of the

corridor, the following results of the survey:

Table 3: Impact on houses and structures in Gia Lai province

District Numbers of houses and structures in Gia Lai

province

Chư Păh 6

Ia Grai 14

Pleiku 6

Chư Prông 12

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Chư Pưh 7

Total 45

4. Numbers of affected households

10. There is a total of 1,324 affected households by the construction project. In

which, there are including 194 households were permanently affected by

the land acquisition, 1,085 affected households by the safety corridor, there

are 45 HHs were displaced from their houses and structures.

Table 4: Number of households with their lands permanently affected, the

number of households with their lands affected by the corridor and the

number of households displaced their home

District

In which:

The number

of

households

with their

lands

permanently

affected

The number of

households with

their lands

affected by the

corridor

The number of

households

displaced their

home

Chư Păh 41 6 29 6

Ia Grai 613 62 537 14

Pleiku 116 23 87 6

Chư Prông 539 97 430 12

Chư Pưh 15 6 2 7

Total 1,324 194 1,085 45

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11. Total numbers of households in ethnic minorities affected by the project

are 15, they are belonged to the different ethnic minority groups: Tay,

Nung, Ede. There are a total of 26 HHs affected by over 10% of their

production land areas, according to the policy of the project, the

households are considered as the severely affected households. The

numbers of households belonging to vulnerable groups, according to DMS,

there are 07 households who are eligible for vulnerable groups as defined

by REMDP, in which there is 01 household belonged to the type of female

head household. Also, from the survey, there are 06 poor households have

been affected from the land acquisition of the project.

Table 5: The numbers of severely affected households, vulnerable

households and ethnic minority households

District Numbers of

severely affected

households

Numbers of

vulnerable

households

Numbers of ethnic

minority

households

Chu Pah - - 1

Ia Grai 8 2 5

Pleiku 2 1 2

Chư Prông 16 3 6

Chư Pưh - 1 1

Total 26 7 15

III. DUE DILEGIENT ACTIVITIES

12. The REMDP for the project in Gia Lai province have been developed and

approved by ADB in November 01, 2012. There is a DDR has been

prepared by CMPB for the project at the same time due to land acquisition

had been done before the REMDP approved. So far, the implementation of

REMDP and DDR has still been incomplete though the construction has

ended to put the project into the operation phase from 5/2015.

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13. There are some existing issues which now are largely focused on the

impact under the project corridor with the changes in the regulations on

land acquisition and compensation by the Government of Vietnam.

Therefore, an updating DDR is required to develop in order to ensure the

operational implementation of REMDP matching the requirements of the

SPS 2009 and policies in REMDP which are approved by ADB for the

implementation.

IV. POLICY OF THE PROJECT ON LARP/REMDP

14. The Power Transmission Investment Program has 20 common policy

requirements, stated as NPT’s policy commitments, which were written in

the REMDP documents. They were reconciled from the relevant

legislations of the Government of Vietnam (GoV) and the policy

requirements of ADB and reflected in this report as among the bases in

assessing the CPPMB’s compliance on land acquisition. While the policies

were prescribed for the updating of REMDPs, they are also applied in the

PPTA. They cover the activities in planning and implementation as well as

the management of the social safeguard documents, such as follows:

1. Policy Prior to DMS and Updating of REMDPs

(i) No land acquisition or site clearing will be done for the ROWs and towers

ahead of Project implementation. Land acquisition or clearing of the

ROWs will only be undertaken upon completion of payment for

compensation based on updated REMDP duly approved by ADB drawn

from detailed design of the Project.

(ii) Permanent or temporary acquisition and/or clearing of lands that will result

to physical and/or economic displacements of persons or households will

be avoided or minimized, as much as possible, by identifying feasible

alternatives in Project engineering design, alignment of ROWs, access

roads, and work stations.

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(iii) Joint participatory consultations and meetings with Project-based

stakeholders, displaced persons (DPs also known as APs) and community

organizations will be carried out prior to detailed measurement survey

(DMS), during the updating and implementation of the REMDP. Women,

disabled, the elderly and ethnic minorities will be invited to participate in

the consultations and meetings. The comments and suggestions of the DPs

will be recorded and taken into account for consideration in the updating or

implementation of the REMDP, where legally acceptable and ethically

relevant.

(iv) DPs will be systematically informed and consulted about the Project, the

rights and options available to them, the proposed mitigating measures,

special assistance measures to vulnerable groups and the need for the

preparation of REMDP. The REMDP will be disclosed in a language

according to the ethnicity of the DPs and involve them in decision-making

process concerning their resettlement.

(v) The NPT will conduct due diligence on the ownership of affected assets,

with assistance from representatives of the commune or village

government, and identify 100% of the DPs who are severely and

marginally affected by land restriction and/or land acquisition. Severely

affected DPs are those who stand to lose 10% or more of their economic

and important assets while marginally affected DPs are those who will lose

below 10% of the same.

(vi) Detailed measurement survey will use a survey tool that will enable to

segregate important data on DPs by sex and ethnicity as basis for updating

the compensation and assistance due them.

(vii) The authority that should declare the cut-off date of eligibility of the DPs

who are eligible to receive compensation and assistance will be vested on

the respective district resettlement and compensation committee.

(viii) Replacement cost surveys will be carried out as bases for compensation of

DPs, based on replacement costs, in compliance with the compensation

policy of the GoV and ADB.

2. Policy on REMDP Implementation

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(i) Compensation on the affected properties of DPs will be based on

replacement cost, without provisions for deduction of the following: (i)

stamp, duties, fees or other payments in case of land; and (ii) depreciation

and salvage value of construction materials in case of houses and other

structures.

(ii) Payment of compensation to DPs will not be differentiated between the

male and the female household heads and between the member of

mainstream society and the ethnic minority.

(iii) DPs residing, working, cultivating land and/or doing business during the

DMS for the update of the REMDP are entitled to be compensated for their

lost assets, incomes and businesses at market prices prevailing at the time

of compensation.

(iv) All DPs whose names are included in the cut-off date established by the

district compensation and resettlement committee are entitled to receive

compensation. DP from the mainstream society who has no title or any

recognizable legal rights to land will be compensated for non-land assets,

at replacement cost.

(v) DP from any of the recognized ethnic minority groups without title to the

affected land but with claim to such land will be compensated based on

replacement value, if it remains viable for use, or replacement land that is

culturally appropriate to their environment or habitats.

(vi) Special assistance measures will be provided to the severely affected DPs

who shall become vulnerable due to the project, with particular attention to

women, children without means of support, disabled, the elderly and

landless as well as ethnic minorities and people with incomes below the

poverty line. Institutional DPs are excluded from receiving such assistance.

(vii) Resettlement of people will be implemented only upon confirmation on the

availability of resettlement site/s that was consulted with DPs and

culturally appropriate for DPs who are ethnic minorities. DPs who decide

to be relocated in the earth grounding zones will be provided with fireproof

materials and lighting arrestors.

3. Management and Administration

(i) Effective institutional arrangements and human resources for consultation,

liaison, land acquisition, resettlement and monitoring will be established to

ensure the efficient implementation of REMDP

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(ii) Effective mechanism for arbitration of grievance redress will be

established with their members will come from the project-based

stakeholders, DPs, women representatives and ethnic minorities.

(iii) Adequate budgetary support for payment of compensation, assistance, and

resettlement will be committed and released to DPs during REMDP

implementation.

(iv) Reliable and efficient database system will be established for the internal

monitoring of REMDP implementation.

(v) The NPT will hire an external monitoring agent (EMA), in behalf of ADB,

for the bi-annual external monitoring and evaluation of REMDP

implementation. Confirmation by EMA on the satisfactory compliance on

REMDP implementation will pave the way for NPT to request for “No

Objection” from ADB for the award of civil works contract/s.

15. Also, in the province of Gia Lai, the following decisions have been applied

in the REMDP implementation process.

Decision 05A/2011/QĐ-UBND dated on 25/04/2011 promulgating

regulations on compensation, assistance and resettlement as the State

acquire the land in the province of Gia Lai.

Decision 19/2010/QĐ-UBND dated on 28/09/2010 of Gia Lai Provincial

People's Committee promulgating the level of housing support, sanitation

schemes in households, types of lands and crops are limited to cultivate

under the transmission lines with the dangerous high-voltage in the Gia Lai

locality.

Decision 36/2011/QD-UBND dated on 21/12/2011 of People's Committee

of Gia Lai province on the prescribed application of land prices in the

province of Gia Lai in 2012.

Decision 31/2012/QD-UBND dated on 12/20/2012 of People's Committee

of Gia Lai province regulating unit prices for lands in Chu Pah district in

year 2013.

Decision 38/2012/QD-UBND dated on 12/20/2012 of People's Committee

of Gia Lai province on the prescribed application of unit prices for lands in

the district of Ia Grai in 2013.

Decision 51/2012/QD-UBND dated on 28/12/2012 of People's Committee

of Gia Lai province regulating unit price of land in the Pleiku city in 2013.

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Decision 30/2012/QD-UBND dated on 12/20/2012 of People's Committee

of Gia Lai province on the prescribed application of unit prices for lands in

the district Chu Prong in 2013.

Decision 32/2012/QD-UBND dated on 12/20/2012 of People's Committee

of Gia Lai province on the prescribed application of unit prices for lands in

the district Chu Puh 2013.

Decision 10/2013/QD-UBND dated on 05/22/2013 of People's Committee

of Gia Lai province on issuing new price list for construction works in

infrastructures and buildings on lands.

Decision No.151/QD-UBND dated on 18/11/2014 of People Committee of

Gia Lai province in the land acquisition for the extension feeders in Pleiku

station.

V. FINDINGS

1. Consultation, participation, information disclosure

16. Immediately after receiving the REMDP, CMPB translated the documents

into Vietnamese language and prepared a summary REMDP. In May 2012

and June 2012, PECC4 had worked with CMPB officials to conduct

information disclosure in the project. The safety data sheets of summary

REMDP were distributed down widely to the villages/communes affected

by the project and asked publicly listed in CPC’s office.

Table 6: Official documents sent to the districts

District Sent Date Oficial documents

Chư Păh 6/9/2011 36/TB-UBND

Ia Grai 20/9/2011 110/TB-UBND

Pleiku 2/11/2011 103/TB-UBND

Chư Pưh 1/11/2011 94/TB-UBND

Chư Prông 11/10/2011 661/CV-UBND

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17. The community meetings were also implemented and performed by

DCARBs on all the villages affected by the project, with the participation

of the staff of the CMPB Compensation. However, the monitoring result is

shown that there is still 20% of people do not understand the information

of the project due to language barriers, or they were absent from the

meetings or they did not attend the consultation meetings at their reasons.

Also, the monitoring found that there is weak capacity of DCARBs staff

force officials to disseminate information about the project.

Table 7: Some types of information disclosure in the project

Nr Types of information disclosure

Implemented

On

REMDP Actuality

1 Village meetings for villagers yes Completed

2 Dissemination of information through the

louder speakers in communes

yes Completed

3 Put publicly the land acquisition and

compensation policy in CPC’s office

yes Completed

4 Guidance on solving grievance and redress

mechanism

yes Completed

2. Detail measurement surveys

18. The detail measurement surveys were carried out after the DPC issued the

notice of the cut-off date. The detail measurement surveys were conducted

by the participation of the heads of affected households, commune land

officers in the affected communes and village heads in the affected

villages.

19. The process of DMS was properly done as the results of detail

measurement surveys were recorded in the working minutes of the

counting and representatives of affected households kept a copy.

3. Entitlements

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20. The unit prices of compensation for lands acquisition, for trees and for all

crops are all applied from the bases of the separate Decisions issued by Gia

Lai PPC for unit prices in the case of land acquisition, compensation for

trees and for all crops in Gia Lai province.

21. Unit prices for compensation and assistance are all based on the Provisions

of the National Government, and Decisions issued by the PPCs. Thus, the

compensation rates and assistant level for all types of lands and trees and

crops and infrastructures have been implemented based on the guidance

and support from third parties to conduct the information investigation on

the replacement cost at the time of the application for compensation and

assistance prices.

22. In the process of detailed measurement survey, the compensation officers

of CMPB working in a collaboration with members of the District Board

of Compensation and Land Clearance to consider and examine the

application of the unit prices which are most beneficial to the affected

HHs. The confusion in the application of unit prices (Krong no - Dak Lak

province) were detected and CMPB officials required the District Board of

Compensation and Land Clearance to re-apply correctly the principles of

compensation and assistance stipulated in Decree 69/2009/ND-CP and

Decision of the PPC (assisted more than 2 times of the unit prices of

agricultural lands for households whose agricultural land affected). As that

the Krong No District Board of Compensation and Land Clearance

implemented the additional compensation and assistance for these affected

HHs.

4. Compensation payment

23. CMPB has collaborated with the District Board of Compensation and Land

Clearance to implement the compensation payment and assistance to all

affected households in the Gia Lai province. CMPB paid all compensations

to the affected HHs of lands and trees and crops and infrastructures with

the CPCs’ witness and confirmed by the certification of the compensation

payments were held at the headquarters of the CPCs. Some cases of special

reasons, the affected HHs could not come CPCs’ offices or wards’ offices

to receive the compensation payment the CMPB and the same commune

officials travelled to the affected HHs to pay and the CPCs’ representatives

confirmed the amount of all compensations and assistance which the

affected HHs have received.

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Table 8: Compensations and assistance activities performed until 30/8/2015

N

r District

Permane

nt

affected

lands

(VND)

Land area

affected in

the safety

corridor

(VND)

Compensa

tion and

Assistance

for

temporary

land

(VND)

Compensatio

n and

Assistance

for trees and

crops (VND)

Total

compensation

and assistance

up to date

(VNĐ)

1 Chư Păh 3,295 53,162 1,558 9,965 8,616,306,905

2 Ia Grai 18,610 594,539 3,147 21,178 33,183,589,843

3 Pleiku 6,123 235,246 1,035 29,947 2,811,574,053

4 Chư Prông 38,886 1,092,897 5,575 45,068 26,395,814,491

5 Chư Pưh 12,194 552,572 2,061 28,134 5,960,132,386

79,108 2,528,415 13,376 34,292 76,967,417,678

5. Provisions of Assistance

24. There were 128 affected households who are supported to stabilize their

production and 44 affected households are supported to stabilise their

livings in which 03 affected HHs were supported for 24 months, 02

affected HHs were supported for 12 months, 29 affected HHs were

supported for 6 months and 10 affected HHs were supported for 3 months.

In Gia Lai province, they are also supported from 2.5 to 3 times for each

m2 of agricultural acquired land, they are also provided an additional 30 kg

of rice per month during 03 months for severely affected households.

25. There were 126 affected households who received the assistance for the

occupational change in which there are 65 affected households in Ia Grai

district, 10 affected HHs in Chu Pah District, and 51 affected HHs in Chu

Prong district. Gia Lai PPC gave further support from VND 1.5 Mil to 5

Mil for vulnerable households (6 poor households and other policy

households), depending on the type of household to support.

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Table 9: Implementation of assistance in Gia Lai province

Nr District Total assistance

(VND)

Numbers of assisted HHs

Change

jobs

Stability of

living

Removal of

their houses

Supported

HHs

1 Pleiku 39,740,000 3 2 12

2 Ia Grai 463,322,313 65 22 15 -

3 Chư Păh 940,042,823 10 4 4 -

4 Chư

Prong 824,244,925

51 15 8 -

Total 2,267,350,061 126 44 29 12

6. Solving complaints and grievances

26. The information of solving complaint and grievance mechanism have been

fully implemented through community meetings and information

disclosure was done directly from CMPB. Although there is no complaint

so far, however, there are a total of 53 grievances at commune level. The

grievances are often sent directly to the DPC, and then the DPCs often

send via to CPC. In addition, the monitoring officers noted that there are

many grievances during the construction stage, these grievances were sent

to the CPCs, but CPCs did not record them properly. Besides the

monitoring mission has detected some grievance cases have been

unresolved in Ia Grai district and Chu Pah district (see Annex 1).

Table 10: Situation and numbers of complaints and grievances

in Gia Lai province

District Numbers of

grievances

In which

Solved Remain

Chư Păh 12 11 1

Ia Grai 15 15 0

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Pleiku 10 10 0

Chư Prông 7 7 0

Chư Pưh 9 5 4

Total 53 44 5

7. Monitoring

27. The independent monitoring was mobilized in 2013 and they conducted 03

missions in total 04 monitoring missions.

28. The recruitment of individual consultants of the project was later than it

planned. The individual consultant was mobilized in September 2014, so in

the process of implementing REMDP (from 1/2012 - 8/2014), internal

monitoring was carried out by CMPB. CMPB has sent 02 staff in charge of

the operation of compensation, support and resettlement in the province of

Gia Lai. The officers regularly collected data and sent to CMPB. However,

the collected data is poor quality so far.

VI. GAPs AND RECOMMENDED ACTIONS

1. GAPs

29. So far, the REMDP in Gia Lai province has nearly completed. The

implementation process of the plans in Gia Lai province have been

basically done in compliance to the project policy, however there are still

some GAPs in the implementation of project policy. This DDR stressed the

need to review the GAPs as the shortcomings happened in the

implementation are needed to be implemented in coming time. It specified

as follows:

Firstly, there are affected households they are not receiving adequate

support in their acquired paddy lands in Ia Grai district, due to the

reason given that a difficulty to access to the affected households

because they often work in the field in the season. The support must

be paid in the coming time before 10/2015.

Some affected HHs still have unresolved grievances so far in district

Chu Puh.

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Some affected households did not fully follow the enforced policy in

the demolition of their property structures, there are still some

affected households they have not dismantled the temporary

structures on the corridor.

2. Recommended correct actions

30. To ensure compliance with project policy to meet the requirements of the

GOV and ADB in the implementation of the mitigation of the impact of

the project on land acquisition and enhance the effectiveness of the project,

the activities in Annex 1 must be implemented as soon as possible.

31. CMPB should send the written request to the DPC and the Board of

Compensation and Land Clearance to implement the GAPs actively, and it

should be able to complete the implementation during 10/2015.

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ANNEX 1. GAPs/ CAPs in Gia Lai Province

Place GAP

CAP/ Responsible

implementation

Timeframe

Gia Lai province

IA Sao

Commune

and Ia

Der, Ia

Grai

district,

Gia Lai

Province.

People have not received

cash support for 25% value

of their affected paddy land

despite the PPC’s written

regulation has been issued by

the end of 2013, early 2014.

The Ia Grai district Center for

Land Development in

collaboration with CMPB and

communal authorities, the

affected people to measure

and confirm accurately the

affected area to carry out

support as required. To

implement immediately

As soon as

possible

Some HHs Families worried

much about the effects of

electromagnetic impacts. A

household has a place in the

electromagnetic area, they

asked for to be relocated

CMPB in coordination with

PTC3, the local authorities to

evaluate the possibility of

electromagnetic influence to

have the appropriate solutions

As soon as

possible

There is household having a

reflection that households

have not received support on

removed infrastructures, they

have sent their complaints to

the district People

Committees several times.

The most recent submission

of the complained letter was

sent more than one month

ago. The DPC promised to

solve out, but they have not

yet been settled.

CMPB in coordination with

Center of Land Development

Fund in Ia Grai district to

implement this supporting

infrastructure money to

households

As soon as

possible

It houses in the safety

corridor have not been

completely dismantled,

people take advantage to rest

when going to work there.

Therefore, there is a very

CMPB working in a

coordination with PTC3 and

local governments and mass

organizations to mobilize

people completely to

Done

before

December

2015

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potential health risks and

life.

dismantle the infrastructures

PTC3 and CMPB should

work together to continue the

propagation of electrical

safety for the people

Chu Puh

district

At present, there are 04

households, they have not

received cash support for

land acquisition so far,

despite there was the

working minute for

supporting 40% of

agricultural land to the

affected households. They

made a complaint to the

Chair of Chu Puh district

People Committee and

district departments.

CMPB is necessary to boost

payments to 4 households as

soon as possible.

Complete

before

December

2015.