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VIETNAM ELECTRICITY -- -- -- a --

SOUTHERN POWER PROJECT MANAGEMENT BOARD

VOL. 9

TD2 PROJECT - CREDIT 4'207-VN

SUB-PRO JECT

THUAN AN 22011 10KV SUBSTATION \

Code: 45008C

RESETTLEMENT ACTION PLAN

August, 2008.

- . I o o CONG TY co P H ~ N T L I V ~ N d~ DUNG DIEN 3

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VIETNAM ELECTRICITY

SOUTHERN POWER PROJECT MANAGEMENT BOARD

TD2 PROJECT - CREDIT 41 07-VN

SUB-PRO JECT:

THUAN AN 22011 1OKV SUBSTATION

Code: 45008C

RESETTLEMENT ACTION PLAN

Head of E&C Deparrnent: Duong Thi Thanh Truc h-- - EMT report manager: Do Trung Kien

BAN QUAN L.9 DVAN cAC r C ~ N G TR~NH DIEN MIEN NA &

POWER ENGINEERING & CONSULTIKG

January, 2009.

TD2 project . Credit 4 107-VN Resettlement

Thuan An 2201 1 1 OkV Substation .- Plan .

TABLE OF CONTENTS

Executive Summary ................................................................................................................. 1

CHAPTER I : INTRODUCTION .................................................................. I

........................................................................................... 1.1 Components of Project 11 1.2 Project Objectives ................................................................................................... 11

.......................................................................................... 1.3 Objective of the Report 11

1.4 Policy Framework ................................................................................................... 12 1.5 Principles and Objectives of RP ............................................................................ 12 1.6 Project Ownership and Organization ........................ Error! Bookmark not defined . 1.7 Overall Project Description ................................................................................. 13

1.7.1 Construction and installation of Thuan An 220/11 OkV Substation .............. 13

..................................................................................... 1.7.2 Project Components 914

................. CHAPTER 2: INSTITUTIONAL AND LEGAL FRAME WORK 17

2.1 Institutional Framework ................................................................................... 17

............................................................................. 2.1.1 Overall Responsibility 17

2.1.2 Detail Responsibility ............................................................................... 17 ................................................................................................ 2.2 Legal Framework 21

................................................................................ 2.2.1 World Bank Policies 21

................................................................................... 2.2.2 Vietnam's Policies 23

......................................... 2.2.3 Compatibilities of GOY and WB Approaches 24

.................................................................................... 2.2.4 Required Waivers 2.5

2.3 Definition of Eligibility and Limitation of Eligibility ....................................... 28 2.4 Resettlement and Compensation Principles ...................................................... 28 2.5 Eligibility to Compensation Entitlement ........................................................... 29 2.6 Compensation Policy ...................................................................................... 30

..................................................... CHAPTER 3: ENTITLEMENT POLICY 32

3.1 Impact Categories .............................................................................................. 32

3.1.1 Temporary Impacts ................................................................................. 32

3.1.2 Permanent Impacts .................................................................................. 32

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

3.2.1 Eligibility and Limitation of Eligibility ................................................... 33

3.2.2 Eligibility of Compensation Entitlement ............................................... 34

3.2.3 Resetrlement and Compensation Principles ........................................... 33

3.2.4 Compensation Policy .............................................................................. 35

TD2 project . Credit 4 107-VK Resettlement

Thuan An 22011 10kV Substation Plan -.

............................................... 3.2.7 Compensation Entitlement by Cutegories 36

.............................................................................................. 3.2.8 AlIowances 38

.............................. CHAPTER 4: RESETTLEMENT SITE .. ..................... 42

............................................................................................ 4.1 Mitigation Measures 42 4.2 lMeasures to Minimize Land Acquisition .......................................................... 42

............................................................... 4.2.1 Consultation and Participation 42

......................................... 4.2.2 Impact Limitation Measures in Design Stage 43

4.2.3 Impact Mitigation Measures in Construction Stage ............................... 43

4.3 Result of Mitigation NIeasures ......................................................................... 44 4.4 Resettlement Site ................................................................................................. 47

CHAPTER 5: PEOPLE'S PARTICIPATION .............................................. 48

...... 5.1 Community Meetings ............................................................................... -. 48 5.2 Socio-economic Surveys ...................................................................................... 48

................. 5.3 Objectives of Information Campaign and Consultation Program 49 5.4 Phase 1 . Information Campaign, PAPS and Agency Consultation during

Resettlement Planning and RAP Preparation ................................................. 49 5.5 Phase 2 . Information Campaign and Consultation during Resettlement

Implementation .................................................................................................... 51 5.6 Resettlement Information Booklet (RIB) ......................................................... 52

CHAPTER 6: BASELINE INFORMATION ................................................ 54

6.1 Data Gathering Activities .................................................................................. 54 6.2 Socio-economic Surveys .................................................................................... 54

............................................................................................................... 6.3 Economy 55

.............................................................................................. 6.3.1 Agriculture 55

6.3.2 Industry and Handicraft .......................................................................... 55

6.33 Transport ................................................................................................. 55

6.4 Census and Inventory ......................................................................................... 56

6.4.1 PopuIution and Household Characteristics ............................................ 56

.............................................................................................. 6.4.2 Health care 57

6.4.3 Housing Condition .................................................................................. 57

6.4.4 Income ..................................................................................................... 58

CHAPTER 7: PROJECT IMPACTS ........................................................... 59

.................................................................................................. 7.1 Types of Impacts 59 7.2 Project Impacted People ................................................................................... 60

7.2.1 Number ofPAPs ...................................................................................... 63

TD2 project . Credit 4 107-VN Resettlement

Thuan An 22011 10kV Substation Plan

....................................................................... 7.2.2 Total PAPS by Categories 63

7.3 Project Impacted Assets ...................................................................................... 64

............... 7.3.1 Number. Category and Area of the houses/Structzaes Lost 2 67

.................................. 7.3.2 Number and Area of Residential Land Lost Nil 67

............................................ 7.3.3 Number and Area of Prodzlctive Land Lost 67

7.3.4 Quantity and Types of Crops and Trees Lost .......................................... 67

7.3.5 Business Lost including Strtictures. Land and other Fixed Assets .......... 69

7.3.6 Productive Assets Lost as Percentage of Total Productive Assets ......... 69

7.3.7 Quantity and Category of Other Fixed Assets Affected Nil .................. 69

7.3.8 Temporary Damages to Productive Assets ............................................. 69

CHAPTER 8: IMPLEMENTATION ARRANGEMENTS ............................. 71

........................................................ 8.1 Measures for the Project Implementation 71

........................................................................... 8.1.1 Announcement to PAPS 71

........................................................................ 8.1.2 Compensation Deadlines 71

8.1.3 Resettlement and Clearance Deadline .................................................... 71

8.2 RAP Implementation Process ........................................................................ 71 ........................................ 8.3 Essential Actions ....................................................... 72

8.3.1 Action 1 ................................................................................................... 72

8.3.2 Action 2 ................................................................................................... 72

8.3.3 Action 3 ................................................................................................... 72

8.3.4 Action 4 ............................................................................................. 72

8.3.5 Action 5 ................................................................................................... 72

................................................................................................... 8.3.6 Action 6 73 8.4 Implementation Schedule .................................................................................. 73 8.5 Staffing for RAP Implementation ...................................................................... 74

8.5.1 Proposed Staffing for RAP implementation ............................................ 74

8.5.2 Training and Workshop ........................................................................... 74 8.6 Grievance and Appeals ................................................................................. 75 8.7 Monitoring and Supervision ............................................................................. 77

8.7.1 Internal Monitoring ................................................................................. 77

8.7.2 External Monitoring ................................................................................ 78

..................................................... CHAPTER 9: COSTS AND BUDGETS 79

9.1 Budgets ............................................................................................................... 79 9.2 Compensation Cost Estimate .......................................................................... 79 9.3 Compensation Cnit Prices ................................................................................ 79

........................... 9.3.1 Compensation Unit Prices for Hozlses and Structures 79 -.

... . . 111 .

TD2 project .. Credit 4 107-VN Thuan An 2201 1 10kV Substation

- .-

Resettlement

. Plan

....................................................... 9.3.2 Compensation Unit Prices for Land 80

..................................... 9.3.3 Compensation Unit Prices for Trees and Crops 81 9.4 Total Cost Estimate for RAP Implementation ............................................... 83

........................................................................................... 9.4.1. Flow of Fund 83

......................................................................................... 9.4.2. Cost Estimates 83

........................................................... 9.4.3. Compensation and Rehabilitation 85

9.4.4. Total Cost of RA P Implementation ......................................................... 90

.................................................................... CHAPTER 10: DISCLOSURE 91

TL)2 project -- Credit 4 107-VN Resettlement

Thuan An 22011 10kV Substation ---- Plan

TABLES

Table 4.1

Table 4.2

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 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

Table 9.9

Table 9.10

PAPs Required to be Relocated

Agreement on TIL Routes and Substation Location

Number of PAPs

Total Project Impacted Households by Impact Categories

Permanent Agricultural Land Acquisition

Permanently Impacted Crops

Permanently Impacted Trees

Productive Assets Lost as Percentage of Total Productive Assets

Temporary Affected Land in ROW

Number, Category and Area of the Temporary Affected House in ROW

Staffing for RAP Implementation

Number of Proposed Trainees

Total Cost of RAP Implementation

Compensation Unit Prices for Land

Compensation Unit Prices for Crops

Compensation Unit Prices for Trees

Substation area

Way in Substation

Transmission Line I 1 OkV

Transmission Line 220kV

Summary of Compensation

Total Cost of RAP Implementation

FIGURES Figure 1.1 - Schematic diagram of the project components

Figure 2.1 - Rap implementation organizational chart

Figure 8.1 - Grievance redress administrative and juridical structures available to paps

TD2 project - Credit 4 107-VN Resettlement

Thuan A n 220/110kV Substation Plan

APPENDICES

Pictures of Project Areas and Community Meetings

Policy Framework for Compensation, Resettlement and Rehabilitation of Project Affected Persons

Entitlement Matrix

Agreements on substation location and T/L routes

Minutes of Community Meetings

Sample of 'Questionnaires'

Samples of 'Pamphlet'

Housing Categories defined in the Vietnamese Construction Standards

Socio-economic Household Data Sheet

Inventory of Project Affected People

Details of Entitlement of PAPS

TD2 project - Credit 4 107-VN Resettlement


ABBREVIATIONS

AEC BARD Consultant CPC CRC DMS DNRE DOC DOF DO1 EVN PAP PAH DPC DPI DRC EM EMPAP FS GOV HH HV IDA IMA LURC MOC MOF 1MOI NPT OD 4.12 PECC3 PMB PPC PPP PRC RC RAP RIB ROW SIA SPPMB TIL TOR TD2 USD VND WB HCM

Agricultural Extension Center Bank for Agricultural and Rural Development in this RAP means PECC3 Commune People's Committee Compensation and Resettlement Committee Detailed Measurement Survey Department of Natural Resources and Environment Department of Construction Department of Finance and Pricing Department of Industry Viet Nam Electricity Project Affected Person Project Affected Household District People's Committee ~ e ~ a r t m e n t o f Planning and Investment District, Resettlement Committee Ethnic lMinority Ethnic Minority Development Plan Feasibility Study Government of Viet Nam Household High Voltage International Development Association Independent Monitoring Agency Land Use Right Certificate Ministry of ~onstruction Ministry of Finance Ministry of Industry National Power Tranmission Corporation World Bank's Operational Directives 4.12 Power Engineering & Consulting Joint Stock Company No.3 Project Management Board Provincial People's Committee Project Provincial Powers Provincial Resettlement Committee Resettlement Committee Resettlement Action Plan Resettlement Information Booklet Right-of-way Social Impact Assessment Southern Power Project Management Board Transmission Line Terms of Reference Transmission and Distribution I1 project US Dollar Viet Nam Dong World Bank EIo Chi Minh

- @ T E C C 3 - - vtl . . -

' I32 Project - Credit 4 107-VN Resettlement

Thuan An 220/110kV Substation Plan

EXE CUT1 VE S'CT MMA RY

0.1 Introduction

0 . 1 . Project Owner ship a nd Or gani zat ion

Investor Southern Power Projects Management Board

(on behalf of PNT)

Provincial Power Services Binh Duong province

Consulting agencies Power Engineering & Consulting Joint-stock Company No.3

The overall project comprises of the construction and installation of (i) Thuan An 22011 10kV substation (area: 32,235 m2), (ii) 220kV connection line, and (iii) 1 1 OkV connection line.

0.1.3 Project Objectives

Implementing the Government of Vietnam's policy on the national industrialization and modernization program, the state Electricity of Vietnam (NPT) has decided to use the World Bank financial resources for the investment of the 4107-VN Projects to invest in projects, one of which is Thuan An 220/100 kV Substation.

The overall objective of the project is (i) to satis@ increasing additional charge demand in areas; (ii) to keep associating and supporting role among Di An, Thu Duc district of HCM city.

0.1.4 Objectives of the RP

The overall objective of the Resettlement Plan is to define resettlement and compensation programs for the project, limit as much as possible the number of project affected persons and their affected properties and to ensure that all PAPs shall be compensated for their losses at replacement 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 RAP preparation has been carried out with consultation and participation of PAPs and local authorities in the project areas.

0.1.5 Policy Fra mew ork

This RAP for the sub-projects under PMB is based on the Policy Framework for Compensation, Resettlement and Rehabilitation of Project Affected Persons of TD2 project, Credict 41 07-VN (Pls. see Appendix 2). According to the Policy Framework, eligibility for coinpensation and rehabilitation entitlement includes all affected persons, households and institutions with or without legal status on .their assets included in the RAP inventory prior to the

TD2 Project - Credit 4 107-VS Resettlement


RAP cut-ofldate. By the actual RAP implementation, PMB/ Compensation Council(s) will organize the survey for the actual prevailing prices for the adjustment of the compensation unit prices, if necessary and the amount of compensation will be displayed at the Communes' PC Offices.

0.1.6 Principles and 0 bje ctives of RP

The principles outlined in the WB OP 4.12 (Showed concretely in the Policy Framework of TD2 project, Credict 4 107-VN) are based for the preparation of this RP.

Compensation costs will be based on replacementlmarket costs. Compensation at replacement cost for land, houses and perennial trees; compensation at market price for annual crops.

Apart from direct compensation, all PAPS who permanently loose more than 20% of their residential/productive land or other incomes are entitled to trainings or other restoration measures and who required to be resettled are entitled to (i) transport allowance; (ii) relocating subsidy; (iii) trainings or other restoration measures.

In .theses sub-projects, there are 8 HHs losing more than 25% of their fixed assets (residential/productive land and/or houses/structures) and 2 HHs required to be relocated.

The sub-project surveys have been carried out and sub-project issues have been communicated to the people in the project related localities along with community participation and line direct have been approved by the local authorities. The cut-off dates (August 30, 2008) are officially declared by the competent local authorities.

0.1.7 Overall Proje ct Desc ripti on

The overall project comprises of the construction and installation of (i) Thuan An 220 kV Substation (area: 32,235 m2); (ii) 220 kV Connection (to Binh Hoa 220kV Substation with 272m in length, to Hoc Mon 220kV Substation with 35 1m in length) and 1 10 kV Connection (to Thu Duc 220/110kV Substation with 21 1 m, to VSIP 1 1 OkV Substation with 224m, to Song Than 1 1 OkV Substation with 263m in length); (iii) Way in Substation (4,949 m2).

0.2 Institutional and legal framework

0.2.1 Znstitu tio nal Frame work

The overall responsibility for enforcement of the Policy Framework and for planning and implementing this RP's rests with SPPMB, System Management Board and the People's Committees of Binh Duong province and its relevant Institutions (i.e. District CRCs, provincial DOFs, DOCS. DOIs, DHCs ...).

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

TD2 Project - Credit 4107-VN Resettlement

Thuan An 22011 10kV Substation Plan -

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

0.2.2 Legal Fr nmew ork

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

0.3 Entitlement policy

This RAP 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 PAPs 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, peoples participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DP's

The sub-project surveys have been carried out (during November 2007)' the project issues have been communicated to the people in the project related localities along with community participation (during December 2007) and the substation location have been approved by the local authorities, it is agreed between the local authorities and the SPPPMB that the cut-offdate shall be August 30, 2008.

During the community meetings in the project related localities in respect of RAP where the cut-off date is officially declared by the competent local authorities.

Apart from direct compensation, all PAPs who required to be relocated are entitled to (i) transport allowance; (ii) relocating subsidy; and (iii) trainings or other restoration measures. (GOV Decree 197/2004/ND-CP).

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

0.4 Resettlement site

Thanks to mitigation measures through public consultations from the initial stage and design stage of the project, the socio-economic surveys, inventory and census show that (i) there are 8 HHs with their agricultural land being acquired more than 25% of their total holding, (ii) there are 2 HHs with their houses totally affected (in substation location) and their residential land is totally or partly affected, and there are 10 HHs with their houses/animal pen. partly affected (in ROW). However, all their houses could be existed in ROW,

TD2 Project - Credit 41 07-VN Resettlement

Thuar: An 22011 lOkV Substation Plan

therefore, they will be supported by grounding conductors and fireproof material for safety.

Apart from the individual PAPS, there is no institutional PAPs.

Due to no PAPs who required to be relocated, arrangement of resettlement land is not required.

0.5 People's participation

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

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

0.6 Baseline information

0.6.1 Data G atheri ng Acti vities

The Consultant' staff has carried out the census and inventory by means of direct interviews and 'Questionnaires' during November, 2007 covering 100 % of PAPs in the project affected areas of Binh Hoa commune belong to Thuan An district of Binh Duong province.

0.6.2 Socio -economic Sur veys

The socio-economic surveys have been carried out aiming at providing baseline data on the localities traversed by the substation location and connections covering Binh Hoa commune belong to Thuan An district of Binh Duong province. Survey data cover the information on the characteristics of the communities, their sources of income, revenue, socio-economic situation. The survey also aims at identifying characteristics of effected areas, assessing the development of population, houses, socio-economic etc. The survey data are used for establishing resettlement policy and bases for evaluating restoration of living standards.

0.6.3 Econ omy

Economy in the project related provinces, among the open-door market economy of the whole country, develops on the trend of increasing industry and services sectors in the overwhelming agriculture and aquaculture/fishery sectors.

Binh Duong is one of the giants in the economic development in South Vietnam with the overwhelming percentages-of the 'industry and construction' sectors in their GPAP structures.


Thuan An 2201 1 10kV Substation Plan

However, in the project areas or along the TL, the population is mainly farmers with sources of income from (i) long-term tree planting : 42.24 %, wage-earning: 15.05%, small scale services and business : 4.30 % and the rest belong to the free lance laborers with unstable occupations.

0.6.4 Census an d Invent ory

The census and inventory show that:

- - -

Area of agricultural land lost ( 40.772 m2 I

Number of PAPS

Number of PAPS required to be resettled

Area of houses lost

Area of other structures lost

I f residential land lost

Productive land lost as percentage of total productive land

1 15.92%

29 HHs (142 persons)

2 HHs

2 HHs

250 m2

695 m2

1 Temporary impact on productive land ( 26,100 rn2 I Business lost including structures, land and other fixed assets

I Nil I

1 Impact on tenants who leased the houses for 1 residential purpose

/ Nil

i Impact on sensitive areas ) Nil 1 Possible temporary impact on public road and water ways during construction - mitigation measures shall be included in the contract(s) for Contractor(s).

The census and inventory also show the household characteristics :

Average family size: 4.2 persons

- Man 50.54 %

- Women 49.46 %

Age groups:

- 1 - 17yrs 18.28 %

- 18-60yrs 62.82 %

- Above 60 yrs 12.90 %

Education:

- High school 6.45 %

- Secondary 24.73 %


Thuan An 22011 10kV Substation -- -- Plan --

- Primary 30.11 %

- Elementary 19.35 % --- --

- Illiterates

Occupation:

PAPs are mainly earning their living by farming (industrial tree planting), small scale business, wage-earning and live-stock breeding.

Income (annual average income): 48,600,000 VND/HH/year Notes There is not any ethnic minority group in the project areas.

0.7 Project impacts

0.7.1 Project Im p acted People

The following persons to be identified by the baseline information collected for this RAP are Project Affected Persons :

(a) persons whose houses are in part or in total affected (temporarily or permanently) by the project;

(b) persons whose residential and premise andlor agricultural land is in part or in total affected (permanently or temporarily) by the project;

(c) persons whose businesses are affected in part or in total (temporarily or permanently) by the project;

(d) persons whose crops (annual and perennial) and trees are affected in part or in total by the project; and

(e) persons whose rented houses for residential purpose are affected by the project

Results of the socio-economic surveys and census show that:

Total number of PAPs: individual 29 HHs

142 Persons

institutional 0 1 Institution

in which

PAPs with permanent acquisition of more than 25% of productive land:

individual 8 HHs

48 persons

institutional Ni 1 PAPS with permanent acquisition of less than 25% 15 HHs of productive land: 72 Persons


l 'huan An 22011 10kV Substation Plan

PAPs with totally or partially affected residential land and the remaining land is sufficient for rearrangement:

PAPs with totally or partially affected residential land and the remaining land is insufficient for rearrangement:

PAPs with temporary acquisition of productive land:

individual

institutional

PAPs with houses totally affected: individual

PAPs with houses partly affected: individual

PAPs with other structures totally affected: individual

institutional

PAPs with annuallperennial treeslcrops affected in part or total:

PAPs with business partly or totally affected:

PAPs required to be relocated: individual

institutional

Project Im pacted A ssets

Nil

2 HHs

12 Persons

16 HHs

65 persons

0 1 institution

2 HHs

12 Persons

10 HHs

Nil

Nil

29 HHs

8 HHs

2 HHs

Nil

The project will impact on:

(a) permanent land acquisition for tower foundations, substation location and some access roads for the project construction.

(b) permanent impact on houses, structures, trees, crops and other assets in the proposed tower foundation and substation areas and in ROWs.

(c) Assets on the service roads.

(d) All trees and crops or other assets surrounding the substation and tower foundation and ROWs.

(e) Temporarily acquired land required during construction of the project.

Results of the socio-economic surveys show that:

Permanent land acquisition individual 40,199 rn2

'J'I)? Project - Credit 4 107-VS Resettlement

'I'huan An 27011 10kV Substation 1'1 an - . - . - - - - -- .- -- _ _ _ ____---

573 m 2 institutional

Temporary land acquisition individual 25,426 tn2

institutional 1,369 mL

Permanently affected trees individual 3,181 trees

institutional 0 trees

• Permanently affected crops individual 32,598 mL

institutional 1,942 m2

Permanently affected houses individual 2 HHs

institutional Nil

'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 i.e. total permanent productive land acquisition as percentage of total productive land holding is around 1 % . There 02 HHs and with their residential land and/or houses are totally affected and need to be relocated, and there are 10 HHs whose houses/animal pen. (12 houses) are partly affected and their houses could be existed in ROW, therefore, they required not to be relocated. However, their houses will be supported by grounding conductors and fireproof material for safety.

0.8 Implementation arrangements

0.8.1 Implement ntion SCIZ edule

Right after the investment for the project is approved, PAPs in the project affected areas will be informed, again, of their rights, policy of this N', including legal fi-amework, eligibility provisions, entitlements, rates and mode of compensation1 assistance. implementation time-schedule and complaint and grievance rights ~nechanisnl. Such information will be delivered to PAPs through community meetings, pamphlets ...

The proposed RAP imple~nentation schedule is as follows :

1 . Establishment of Project CRC 0812008

2. Review and clear of RAP by the WB 0912008


Thuan An 220/110kV Substation Plan -

3. Negotiation (GOV and WB) 1012008

4. Effectiveness 1112008

5 . Commencement of Public information 1 112008

6. Commencement of Field works (DMS) 1 112008

7. Commencement of payment of compensation 1 112008

Schedule for PAPs :

1. Commencement of declaration of quantity and status of 1012008 properties

2. Commencement of receiving compensation and ground 1212008 clearance

Southern Power PMB, 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 RAP implementation. It will be assisted by cy/provincial, district and commune authorities and all relevant institutions. (Pls. see Figure 6.1.2 for RAP Implementation Organization Chart).

0.8.3 Compl nint nn d Grie vnnces

During the project implementation, DP7s complaints and grievances will be dealt with according to the Vietnamese laws and regulations. PAPs raising complaints will be treated fairly and guided by related agencies on the procedures and formalities for lodging their complaints of RAP with all administrative fees exempted throughout such process. There are 4 steps of complaint lodging for PAPs i.e. Commune level, District level, Provincial level and, in extreme cases, the PAPs can bring the issues to Court by using the Bureau of Law Consultants, free of charge.

(Pls. see Figure 8.6 for Grievance Redress Administrative and Jziridical Structures Available to PAPs)

0.8.4 Supervi sion, Mo nit oring nnd Evnlu nti on

The implementation of RAP 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


Thuan An 2201 1 10kV Substation Plan ---

PMB right after RAP approval and will commence their supervision and monitoring activities from the beginning of the RAP implementation.

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

0.9 Costs and budget

Estimating cost for executing Coinpensation and Resettlement Plan

TT Cost content

A COST FOR PREPARING RESETTLEMENT PLAN 85.600.000

1 B I COST FOR COMPENSATION 15.269.083.000 1 1 - 1 Perpetual effect

2 Temporary effect 2.5 15.394.000

/ E / TRAINING, WORKSHOP ... 1 10.000.000 1

C 1 D

COMPENSATION AND RESETTLEMENT BOARD COST= 1 1 2%(B+C] 3 10.465.060

I G I INDEPENDENT OVERSEEING 1 50.000.000 1

SUPPORT

AGAINST LIPPAGE IN LAND PRICES ONE YEAR (66%/year)

( H 1 AGAINST COST =5%(A+B+C) I 780.442.650 1

254.170.000

9.761.691.060 /

TOTAL (A+B+C+D+E+F+G+H) 1 26.210.986.710 1 Notes Overall budget for this RAP implementation is from SPPMB.

0.10 Disclosure

Drafts of Policy Framework and Entitlement Matrix have been disclosed at the People's Committees of Thuan An district and Binh Hoa commune of Binh Duong province.

All feedback from local authorities and PAPS are integrated in this RP.

Draft of RAP has been disclosed at the office of the project related Provincial People's Committees and at Vietnam Development and Information Center (VDIC) of the World Bank office in Hanoi.

The final RAP will be cleared by the WB and approved Binh Duong provincial People's Committee.

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TD2 Project - Credit 41 07-VX Resettlement

Thuan A n 2201 1 10kV Substation Plan ---- ---- ---

CHAPTER 1: INTRODUCTION

1.1 Project Ownership and Organization

. Investor Xational Power Tranrnission Corporation

. Management Southern Power Project Management Board

Consulting agency Power Engineering & Consulting Joint Stock Company No.3

1.2 Components of Project

The overall project comprises of the constl-uction and installation of:

(i) Thuan An 220 kV Substation (area : 32,235 m'),

(ii) The road into Thuan An 220/110 kV Substation (area : 4,949 m2)

(iii) The 220kV connection line of the Thuan An 220kV substation.

(iv) The 11 OkV connection line of the Thuan An 220kV substation.

1.3 Project Objectives

Implementing industrializing and modernizing policies of Vietnamese Government, National Power Tranmission Corporation (NPT) had decided to use debit capital fiom World Bank (WB) in Credit 41 07-VN.

The overall objective of the project is (i) to satisfy increasing additional charge demand in areas; (ii) to keep associating and supporting role among Di An, Thu Duc district of HCM city.

Southern Power Project Management Board - SPPMB - (directly under EVN) will deploy this project which includes like the item 1.1 above in Binh Hoa commune, Thuan An district, Binh Duong province (Southern of Vietnam)

1.4 Objective of the Report

The overall objective of the Resettlement Plan is to clearly 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 PAPs shall be compensated for their losses at replacement 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 RAP preparation has been carried out with consultation and participation of PAPs and local authorities in the project areas.


Thuan An 2201 1 1 OkV Substation Plan

1.5 Policy Framework

The Project has prepared an overall Policy F'ramework* to deal with the socially negative impact from the project (Pls. see Appendix 2 for Policy Framework for Compensation, Resettlement and Rehabilitation of Project Affected Persons). The principle objective of the Policy Framework for Compensation, Resettlement and Rehabilitation is to ensure that all PAPs will be compensated for their losses at replacement cost and provided wi-th 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 PAPs, entitlements, legal and institutional framework, modes of compensation and rehabilitation, peoples participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the PAPs. This RAP is based on the Policy Framework.

1.6 Principles and Objectives of IU'

The principles outlined in the WB' OP 4.12 have been applyed in constructing the Policy Framework. In this regard, the following principles and objectives will be applied.

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

(g) All DP's residing, working, doing business or cultivating land in ROWS of TILs, 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 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 do not bar the PAP from entitlement to such rehabilitation measures.

(h) 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 PAPs or in cash at replacement cost according to DP's choice ; (iii) replacement of residential/premise land of equal size acceptable to .the PAP or in cash at replacement cost according to DP's choice ; and (iv) transfer and subsistence allowances.

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

(j) The resettlement transition period will be minimized and the rehabilitation means will be provided to the PAPs no latter than one month prior to the expected start-up date of civil works in the respective Project site.



(k) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the PAPs, to ensure minimal disturbance. Entitlements will be provided to PAPS no latter than one month prior to expected start-up of civil works at the respective project site.

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

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

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

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

This RAP preparation has been carried out by PECC3 in accordance with the provisions of the Policy Framework with consultation and participation of PAPS and local authorities.

In order to ensure that this RP's objectives are met, compensation unit prices established by provincial and district CRCs and approved by PPCs at rates warranting compensation at replacementlmarket costs. The PMB, CRCs, PPCs, independent external monitoring agency are responsible for checking and proposing for the adjustment to PMB (if necessary) the compensation unit prices at the time of RAP implementation to ensure the compensation unit prices are at the replacement values.

This RAP has been agreed upon by the local relevant authorities and will be valid afier GOV's and WB's approval.

Compensation, resettlement, assistance and rehabilitation activities will only commence after the WB has found the RAP acceptable and the SPPMB and the Project PPCs have approved it.

The compensation, resettlement, assistance and rehabilitation activities will be completed at least one month before awarding the contracts of civil works under each sub-project.

1.7 Overall Project Description

1.7.1 Construction and installation of Th clan An 220/110kV Substation

Voltage level 1 101 22kV

Capacity 2x25MVA 22011 1OkV and 3x63MVA 1 10163MVA 110/22kV, initial stage lx250MVA and 2x63MVA

Transformer: 225+8~1,25%/115kV-250MVA va 1 15+9~1,78%/23kV - 63MVA


Thuan An 22011 10kV Substation Plan --

Location Binh Duc hamlet, Binh Hoa commune, Thuan An district of Binh Duong province..

Area (4.949m2)

I . 7.2 Project Components

Substation area (32,235 ) , road into substation

' A The 220kV connecting line of Thuan An 2201110 kV substation I- ( a. Tlte connecting line to IIoa Bink 22OkV siibstntion L

point: 10 1 - 1 tower, newly built concurs the central line of 1 the Hoc Mon - Hoa Binh existing T I ' (2 routes)

14 R O W

j ! 1 3 1 Number of route

' 7- --

5 Tower type Steel tower for 2 routes 1 6 Tower Using steel rod concretion to be cast on site 1 ( foundation

End point: tower of the substation's gate.

2 routes (to hang wire all 2 routes)

I )A To ground 1 Using mixture stake by zinc-plate steel

b. Tlte connecting line to Hoc Mon 220kV substation

r 1 length i 3511-11 Starting point: 102-1 tower, newly built concurs the central line of the Hoc Mon - Hoa Binh existing TIL

1 1 1 End point: tower of the Thuan An substation's gate.

Tower type I Steel tower for 2 routes

6 Tower '1 Using steel rod concretion to be cast on site foundation

3

4

1 7 To ground Using mixture stake by zinc-plate steel

a. Tlte connecting line to Th u Duc 220/110k V substation I- 1 1 1 Length 21 1m ~

Number of route 1 2 routes (to hang wire all 2 routes)

1 2 / Local I i

I I

ROW

Starting point: 73-A tower of the Thu Duc - VSIP 110kV existing I TIL

23 m

' End point: tower of the Thuan An substation's gate. -

1 3 1 Kumber of route 1 2 routes (to hang wire all 2 routes) -- I -

I 4 I R o w 17 m 1

TD2 Project - Credit 4 107-VS Resettlement Thuan An 22011 10kV Substation Plan

7- -- --- -- - - - -

-

1 b. The connecting line to VSIP 11 OkV substation I I I I

7

I I ) Length 1 224m I I

Steel tower for 1 ,2 routes (the fist tower of Thuan An Substation to be provided to Lai Thieu)

Using steel rod concretion to be cast on site 6

To ground 1 Using mixture stake by zinc-plate steel

Starting point: 75 tower of the Thu Duc - VSIP 1 lOkV existing I I

Tower foundation

End point: tower of the Thuan An substation's gate.

4 ROW

Tower type Steel tower for 2, 3 routes

foundation

1 7 / To ground - - 1 Using mixture stake by zinc-plGe steel

1 c. The connecting line with 2 route to Song Than 1 l OkV substation 1

1 3 1 Number of route 2 routes

I 1 Length 263m

2

( 5 Tower type

I I

1 Steel tower for 2 routes

Local

4

Starting point: tower of the Thuan An substation's gate End point: 73-2 tower newly built concurs the central of the 1 1 OkV line (2 routes) supplying for Song Than substation

ROW

6

7

17 m

Tower foundation

To ground

Using steel rod concretion to be cast on site

Using mixture stake by zinc-plate steel

TD2 Project - Credit 4 107-VN Thuan An 220/1 10kV Substation

Resettlement Plan

Figure 1.1 - Schematic Diagram of the Project Components

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TD2 Project - Credit 4 107-VN Resettlement 'l'huan An 22011 10kV Substation Plan -

CHAPTER 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 Power Network System Management Board belongs to Dong Nai PC and the People's Committee of Dong Nai province and their relevant Institutions (i.e. CityProvincial and District CRCs, provincial DOFs, DOCS, DOIs, DNREs ...).

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

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

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

Funds for implementing RAP will be from counterpart hnds based on budgetary requirements established by the project provincial CRCs.

2.1.2 Detail Responsibility

National Power Tranmission Corporation (NPT)

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

Southern Power Project Management Board (SPPMB)

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

Establish master plan, management and supervision of RAP implementation.

Responsible for organizing information disseminationldisclosure, public meetings: disclose RAP to all relevant local authorities, Resettlement Committees, disseminate DMS and Entitlement forms to all A P s .

Organizindtraining for survey team to carry out the Detail Measurement Survey (DMS) and RAP impleinentation for all levels of People's Committees and relevant agencies.

TD2 Project - Credit 4107-VS Thuan An 22011 10kV Substation

Resettlement Plan

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

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

CitvlProvincial People's Committees

The Project PPCs are responsible for clearly direct/ demarcate the responsibilities for their relevant institutions in implementing RP.

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

Redress complaints and grievances.

RAP Related Provincial Departments

The CityIProvincial DOFs are responsible for studying and issuing unit prices of compensation and submitting to PPCs for approval. Right from the initial stage of the RAP implementation, the DOFs will closely co-ordinate with DOCS, DNREs, DARDs, District People's Committees and independent external monitoring agency in order to evaluate the applicable unit prices in RAP and propose to PPCs for approval and ensuring the compensation unit prices to be at the replacement value at the time of compensation payment.

CityProvincial Compensation/Resettlement Committee (CRC)

The CityProvincial CRCs are responsible for implementing RAP according to the approved Schedule. The Provincial CRCs will be headed by the Vice Chairmen of the Provincial People's Committees. The Provincial CRCs are responsible for :

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

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

Solving complaints if the redress is fail at the district level.

The CityProvincial CRCs will consist the representatives of:

Department of Finance & Pricing

Department of Construction

Department of Natural Resources and Environment (Cadastral and Housing Section)

Chairmen of People's Committees of related districts.

Representative of CityIProvincial PMB.

Districts People's Committees

TD2 Project - Credit 4 1 0 7 - n Resettlement Thuan An 2201 1 10kV Substation --

Plan

The District People's Committees are 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 implementation.

Establishment of District CRCs.

Responsible for settling complaints of PAPs at district levels.

District Compensation/Resettlement Committees

The District CRCs are principal institutions responsible for the implementation of RAP in their respective district areas. The District CRCs recruit experienced personnel for gsthering of base-line information and inventory. The District CRCs are 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 PAPs, communes, disseminate the RIB, DMS and entitlement forms to PAPs.

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 PAPs in a timely manner.

Settling the complaints and grievances of PAPs, solving any difficulties during the implementation period, and suggesting the solutions for the outstanding issues to CityIProvincial CRC.

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

Department of Finance and Pricing

Department Natural Resources and Environment (Cadastral and Housing Section)

Department of Industry

PMB

Affected Communes


Commune People's Committees

People's Committees of cominunes will be responsible for :

Contributing to census and inventory surveys.

In co-ordination with District CRC for public meetings, information dissemination, compensation/allowance payment to PAPs.

Transferring all feedback by PAPs to District CRC and settle the coinplaints 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 PAPs in repairing of affected houses. Arranging land in the case PAPs require compensation by land for land.

Project Affected Persons (PAPS)

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

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

(Pls. see Figure 2.1.2 for RAP Implementation Institutional Organization Chart)

TD2 Project - Credit 4 107-VN Resettlement Thuan An 22011 10kV Substztion Plan

Figure 2.1 - RAP Implementation Organizational Chart

NPT People's Committee

7

2.2 Legal Framework

Provincial

2.2.1 World Bank Policies

The legal framework governing the implementation of this Policy Framework and the Inventories and RAP are OP 4.12 on Involuntary Resettlement of the World Bank.

Involuntarv 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, PAPS 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:

TD2 Proiect - Credit 4 107-VS Resettlement Thuan A 22011 10kV Substation -. Plan

(a) Consulting with potential project-affected people on feasible measures for resettlement and rehabilitation;

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

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

(d) Providing coinpensation 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 PAPs eligible for compensation include:

(i) those who have formal legal rights to land or other assets;

Cj) 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

(k) 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 Compenscltion above are provided compensation for loss of assets other than land.

PAPs 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..

PAPs whose business are affected in part or in total (temporarily or permanently) by the project are provided resettlement assistance and other

TD2 Project - Credit 4 107-VN Resettlement Thuan An 2201 1 I 0kV Substation --

Plan

supports as necessary to achieve the objectives set out in this policy, i f they occupy the project area prior to the cul-ofdate defined in this RP.

Persons who encroach on the areas after the cut-offdate defined in this RAP are not entitled to compensation or any other form ogresettlement 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 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 fonn a part of replacement cost.

2.2.2 Vietnamese Policies

Compensation and Resettlement

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

GOV Decree 10612005ND-CP dt. 17 August 2005 defined the protection of high voltage systems.

The 2003 Land Law (passed by the National Assembly on November 26, 2003).

- GOV Decree No. 188/2004/ND-CP dt. 16 November, 2004 on methodology for defining prices and price framework of various types and categries of land.

- Circular No. 114/2004/TT-BTC dt. 26 November, 2004 of the Ministry of Finance guiding the implementation of the above stated Decree.

GOV Decree No.19712004ND-CP dt. 03 December, 2004 on the compensation, assistance and resettlement in case of land acquisition by the State.

- Circular No.116/2004/TT-BTC dt. 07 December, 2004 of the Ministry of Finance guiding the implementation of Decree No. 19712004ND-CP.

- Circular No. 6912006lTT-BTC dt. 02 August, 2006 amending and supplementing the Finance Ministry's Circular No. 1 1612004lTT-BTC which guides the impleinentation of the Government's Decree No. 19712004lND-CP on compensation, support and resettlement upon land recovery by the State.

TD2 Project - Credit 4 107-VN Resettlement Thuan An 22011 10kV Substation Plan

- Decree No. 1712006lND-CP dt. 27 January, 2006 on amending and supplementing clauses of Decrees, that guide to executing Land Law and Decree No.l87/2004/ND-CP on privatization of state companies to join- stock companies.

- Decree No. 84/2007/ND-CP issued on May 25th 2007 by the Government regarding the issue of land tenure certificate, land reclaim, implementation of land tenure, sequences and procedures of compensation, support and resettlement when the Government reclaim land and adjust claims about land.

Decisions of Binh Duong Provincial People's Committee on the applicable unit prices for compensation.

2.2.3 Compatibilities of GO V and WB Approaches

With the promulgation of

- The new 2003 Land Law,

- Decree No. 18812004lND-CP,

- Decree No. 123/2007/ND-CP,

- Circular No.1 1412004lTT-BTC,


- Circular No. 1 1612004lTT-BTC,

- Circular No. 6912006lTT-BTC.


- Decree No. 84/2007/ND-CP.

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.

Long-term Trees/Crops

258lQD.UBT November 29,2005

Province

Duong

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.

Land

26712006lQD.UBND December, 25,2006

Houses/Structures

258lQD.UBT November 29,2005

TD2 Project - Credit 4 107-VK Resettlement Thuan An 22011 10kV Substation Plan

. Allowances are provided to help the PAPS 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 dt. 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 ...'

2.2.4 Required Waivers

GOV Decree 131/2006/ND-CP dt. 09 November 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 funding agency.

In order to carry out the RAP 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 andlor Assistance

Decree 197/2004/ND-CP dt. Dec. 03, 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

TD2 Project - Credit 41 07-VN Resettlement Thuan An 22011 I OkV Substation Plan

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 :

PAPS 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 1 8812004lND-CP along with their Guidance (Circular No. 1 1412004lTT-BTC and No. 1 1612004lTT-BTC respectively).


Article 7

This article states that the Ministry of Finance is responsible for the establishment of a number or overall new land price framework to submit to the Government for adjustment when prevailing price of transfer of land use rights in the market in respect of a number or all typeslcategories of land listed in the land price framework continuously fluctuated (more than 60 days in many provinces, cities) that causes large differences in land prices (increasing from > 30% compare to the max. price and decreasing from > 30% compare to min. prices attached to this Decree).

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 dt. Nov. 16, 2004

TD2 Project - Credit 4 107-VN Resettlement Thuan An 72011 l OkV Substation Plan

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

Article 2

This article 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 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 provincial/district CRCs, provincial LIOFs, DOCS 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 RAPpolicy are met.

Assistance policy for PAPs who rent houses from the government


Article 21

This article states that PAPs 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 197/2004RVD-CP dt. Dec. 03, 2004

Article 28

This article states that PAPs 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, 21, 28 and 29 of Decrees 19712004/ND- CP and Article 2 of Decree 188/2004/ND-CP, and any other laws or regulations which contradict this Project Resettlement Policy.

The Item 4, Article 2 of GOV Decree 131/2006/ND-CP dt. 09 November, 2006 on guiding the ODA management stipulates that "in the case of the

TD2 Project - Credit 4 107-VN Resettlement Thuan An 2201 1 10kV Substation Plan

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 Committees will issue the official letter for their agreement in implementing the policies set forth in RP.

2.3 Definition of Eligibility and Limitation of Eligibility

PAPs are all individuals, firms or institution with or without land registration papers who owned, rented, or used land, properties and business, which are affected by the project.

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

The sub-project surveys have been carried out; the sub-project issues have been communicated to the people in the project related localities along with community participation; and have been approved by the local authorities. It is agreed between the local authorities and the SPPMB's PMB that the cut-off date shall be the following dates in the project related localities in respect of RAP where the cut-off date is officially declared by the competent local authorities.

The sub-project surveys have been carried out (during November, 2007), the sub-project issues have been communicated to the people in the project related localities along with community participation (during December, 2007) and the T/L routes have been approved by the local authorities, it is agreed between the local authorities and the SPPMB's PMB that the cut-offdate shall be August 30, 2008.

Encroachers who settled into the proposed affected area after the cut-offdate will have no entitlement to compensation and resettlement. They will be required to demolish their structure and cut the trees or harvest their crops for land clearance to the project. In case necessary, they will be forced to be removed out the proposed project area. Nevertheless, they do not have to pay any fine or sanction. The cut-offdate and the provision of 'no compensation for encroachers' have been clearly declared in .the cominunity meetings and printed in the pamphlets.

2.4 Resettlement and Compensation Principles

The principles outlined in the World Bank's OP 4.12 have been applyed in the Policy Framework for this RP. In this regard the f~llowing principles and objectives would be applied:

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

TD2 Project - Credit 4 107-V;U Resettlement Thuan An 22011 10kV Substation Plan

(b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (TJL), 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 PAP from 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 PAPs or in cash at replacement cost according to DP's choice;

(iii) replacement of residentiallpremise land of equal size acceptable to the PAP 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 PAPs.

(e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the PAPs 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 PAPs, to ensure minimal disturbance. Entitlements will be provided to PAPs 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.

6) Effective and timely supervision, monitoring and evaluation of the implementation of PAP will be carried out.

2.5 Eligibility to Compensation Entitlement

The PAPs' (or project-affected people) eligible for compensation will include:

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

TD2 Project - Credit 4 107-VN Resettlement Thuan An 22011 lOkV Substation Plan

(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; 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 - if they occupy the project area prior to the cut-off date defined in the RP.

The PAPs are identified by the baseline information collected for RAP :



(c) Persons whose crops (annual and perennial) and trees are affected in part or in total by the Project, and

(d) Persons whose businesses are affected in part or in total (temporarily or permanently) by the project.

2.6 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 25% of total land PAPs' 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 25% of total PAPs' 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 PAPs' 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 RAP are tariffs established by the DOFs of the project related citylprovinces and approved by their citylprovincial People's Committees based on the decree 188/2004/ND-CP and the MOF Circular 114/2004/TT-BTC.

Since the time from RAP preparation to time of the project implementation may be long, at the implementation time, the compensation unit prices may

TD2 Project - Credit 4107-VN Resettlement Thuan An 2201 1 10kV Substation Plan

not correspond to market or replacement rates. Therefore, all applicable unit prices will be checked again at the beginning of RAP 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 DOFs. This activity will later be required in TOR for Independent Monitoring.

TD2 Project - Credit 4 107-VS Thuan An 22011 10kV Substation

Resettlement Plan

CHAPTER 3: ENTITLEMENT POLICY

3.1 Impact Categories

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

3.1.1 Temporary Impacts

All PAPS who have productive land, crops, trees or structures in ROW of TIL, surrounding areas of tower foundations, in the temporary service roads are temporarily affected only during the construction period.

Category - - 1 PAPS who have trees, crops, property which are damaged by the project during the construction period due to construction of temporary access roads or conductor stringing.

3.1.2 Permanent Impacts

All PAPS who owned properties and lands which will be permanently acquired for the tower foundations, substation areas and the permanent access roads for construction and maintenance of the project. All PAPS who have houses, other structures, or high trees in ROW, which need to be removed, demolished or cut.

Catenary - 2 PAPS who have residential, garden and productive lands under ROW are permanent affected.

Category 3 PAP who has houses/structures, which are partially damaged or cut, and the damaged portion will not affect to the safety or using purposes of the entire house or structure, and the lost houselstructure portion could be rebuilt in adjacent areas already owned by the DP. Impact on cleared residential land in ROW would be temporary as it could be reused for restricted purposes.

Category 4 PAP who has houseslstructures, which are partially or totally damaged, and the damaged portion will affects the safety or using purposes of the entire house or structure and the remaining area can not be used or inconvenient for using, therefore, the house needs to be totally removed and rebuilt in remaining adjacent areas already owned by the PAPs. Impact on cleared residential areas will be temporary as they can be reused for restricted purposes.

Catenary - 5 PAP who has houses, which are partially or totally damaged and the damaged portion will affects the safety or using purposes of the entire house or structure, so the houselstructure needs to be totally removed and rebuilt. But PAP does not have sufficient spare residential land for the reconstruction of a house of equal

TD2 Project - Credit 4 107-VN Resettlement Thuan An 22011 10kV S~~bs ta t ion Plan

dimensions as the house lost. The threshold of sufficient residential land is at 60 m2.

Catesorv 6 PAPs who have residential land product ive land that will be permanently acquired for the project, including permanent roads for construction and maintenance of the project.

(a) acquired productive land areas is more than 25% of total productive land PAPS' holdings;

(b) acquired productive land areas is less than 25% of total productive land PAPs' holdings;

(c) the remaining residential-garden land areas is less than 60 m2;

(d) the remaining residential-garden land areas is equal or more than 60 m2.

Catenorv - - 7 PAP impacted permanently or temporarily on business or other services.

3.2 Entitlement

3.2.1 Eligibility and Limitation of Eligibility

PAPs are all individuals, firms or institution with or without land registration papers who owned, rented, or used land, properties and business, which are affected by the project.

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

Although the sub-project surveys have been carried out (during November, 2007), the sub-project issues have been communicated to the people in the project related localities along with community participation (during December 2007) and the T/L routes have been approved by the local authorities, it is agreed between the local authorities and the Dong Nai PC's PMB that the cut-off date will be August 30, 2008. During the community meetings in the project related localities in respect of RAP where the cut-off date is officially declared by the competent local authorities.

Encroachers who settled into the proposed affected area after the cut-offdate will have no entitlement to compensation and resettlement. They will be required to demolish their structure and cut the trees or harvest their crops for land clearance to the project. In case necessary, they will be forced to be removed out the proposed project area. Nevertheless, they do not have to pay any fine or sanction. The cut-offdate and the provision of 'no compensation for encroachers' have been clearly declared in the coinmunity meetings and printed in the pamphlets.

TD2 Project - Credit 4 107-VN Resettlement Thuan An 2201 1 l OkV Substation Plan

Eligibility of Compensation Entitlement

The PAPS' (or project-affected people) eligible for compensation 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; 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 - if they occupy the project area prior to the cut-off date defined in the RP.

Persons covered under (a) and (b) 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) 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) above are provided compensation for loss of assets other than land.

The PAPS are identified by the baseline information collected for RP:



(c) persons whose crops (annual and perennial) and trees are affected in part or in total by the Project, and

(d) persons whose businesses are affected in part or in total (temporarily or permanently) by the project.

Resettlement and Compensation Principles

The principles outlined in the World Bank's OP4.12 have been adopted in the Policy Framework for this RP. 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 (TL), 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 sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack o f legal rights to the assets lost shozild not bar


the PAP from 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 PAPs or in cash at replacement cost according to DP's choice; (iii) replacement of residentiallpremise land of equal size acceptable to the PAP 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 PAPs.

(e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the PAPs 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 PAPs, to ensure minimal disturbance. Entitlements will be provided by PAPs prior to expected start-up of works at the respective project site.


(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.

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 :

3.2.5 Compensation for productive land losses (less ,than 25% of total land PAPs' holdings) will be provided at the replacement cost for the equivalent area and all other losses will be provided in cash.

3.2.6 Compensation for productive land losses (more than 25% of total PAPS' 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 PAPs' options.

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

TD2 Project - Credit 4 107-VY Resettlement Thuan An 22011 10kV Substation Plan

Coinpensation 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 No. 1 1612004lTT-BTC and 6912006lTT-BTC of MOF).

Compensation prices defined in this RAP are tariffs established by the project related citylprovincial CRCsIDOFs and approved by their citylprovincial People's Committees based on the decree 18812004iND-CP, 12312007iND-CP and the MOF Circular 1 1412004lTT-BTC.

Since the time from RAP preparation to time of the project implementation may be long, at the implementation time, such prices may not correspond to market or replacement rates. Therefore, all applied prices will be checked again at the beginning of RAP implementation and adjusted if necessary. The Detailed Measurement Survey (DMS) will be also carried out by CRCs at the very beginning of project implementation. The evaluation of unit prices at the implementation time will be done by independent monitoring agency, citylprovincial DOFs. This activity will later be required in TOR for Independent Monitoring.

3.2.5 Compensation Entitlement by Categories

I No compensation for land. I

Category

1

1 Reinstate land after the project construction. I

Entitlement

Compensation for affected trees, crops at for cutting trees, crops at market price.

Compensation for land were reduced use value because of under ROW ( Temporary calculation is 30% currency land cost.)

I Reinstate land after the project construction. I The damaged house/structure will be compensated in cash at full replacement cost.

I NO compensation for land. I I No deduction for depreciation and salvage materials. I

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

Cash compensation reflecting full replacement cost of lost land area.

No deduction for depreciation and salvage

PAP can opt for :

'Land for land' : the provision of replacement residential land (house site and garden) of equivalent size, satisfactory to the PAP or cash i compensation reflecting full replacement cost according to DP's 1

I choice ~ I Cash compensation reflecting full replacement cost of the house1 ~

TD2 Project - Credit 4 107-VFi Resettlement Thuan An 22011 10kV Substation Plan

No deduction for depreciation and salvage materials.

r--- -

I PAP losing productive land

I

Land Ioss i 25% of their total landholdings

structures

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

Land Ioss 225% of their total landholdings

PAP 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.

(ii) Cash for land at the replacement cost.

Compensation for trees and affected fruit trees at the replacement cost.

Rehabilitation assistance.

PAP losin? residential and garden land

If remaining land is sufficient for reorganizing (more than 60 m2): Cash compensation for lost area and assets associated with land.

I If remaining land is not sufficient for reorganizing: I I PAP can opt for : I (i) cash compensation at replacement cost for land and assets on land,

or

(ii) "land for land" compensation for the whole residential area which PAP occupied (not only for the impacted areas) and properties associated with occupied land. For affected house and building, the same entitlement to PAP of categories 3 or 4 or 5.

Temporary impact

Compensation for income lost during the affected period.

Permanent impact I 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


Transport allowance

Art. 27 of Decree 197/2004/ND-CP : all relocating PAPs are entitled in one time :

I

1 PAPs relocating within the provincelcity I m a . 3,000,000 VND (per household)

1 PAPs relocating out of the province m a . 5,000,000 VND (per household)

Art. 28 of Decree 197/2004/ND-CP : all relocating PAPS* are entitled in one time :

Relocated PAPs (while waiting for the establishment of new resettlement residences at resettlement sites)

PAPs relocating within the province

- to be provided with temporary residence, or

- to be provided with temporary rent cost.

Cash (equivalent to 30 kg of rice per month x 3 months) per family member.

PAPs relocating out of the province Cash (equivalent to 30 kg of rice per month x 6 months) per family member.

Restoration allowance

Art. 29 of Decree 1 9 7 / 2 0 0 4 / ~ ~ - C P * * :

PAPs who are in a severe socio-economic difficulties or who relocating to areas of socio- economic difficulties

Cash (equivalent to 30 kg ~ rice per month x 12 months per family member.

Art. 28 of Decree 197/2004/ND-CP defines that this subsidy is applicable to PAPs who lost more than 30% of their agricultural land only. However, in line with this RP Policy Framework, this kind of subsidy

t. is applicable to all PAPs who required to be relocated. Art. 29 of Decree 197/200J/ND-CP defines that PAPs who lost more than 30% of their agricultural land will be assisted for changes of occupations (level of assistance will be decided by the provincial People's Committee). However, in line with the RP Policy Framework for Credit 4 1 0 7 - n T subprojects, the restoration allowance remains in conformation with the on-going Credit 4 107-VN subprojects throughout Vietnam

I.*

The amount of 700,000 (VND)/main labor is delivered directly to training or TA institutions/consultants and 800,000 VND for trainee as a subsidy allowance in the training time (total is 1,500,000 VND per trainee). For the sake of cost estimates, each household is estimated at having 2 main labors.

PAPs who have more than 25% of productive land or incomes permanently affected are entitled to

3,000,000 household).**

TD2 Project - Credit 4 107-VF Resettlement Thuan An 2201 1 10kV Substation Plan

trainings 1 and - -

Other restoration allowance to be decided by the provincial People's Committees with financial resource from the person who is going to use the acquired land.

(Please see Appendix 3 for Entitlement Matrix and Appendix 1 1 for Details of Entitlement of PAPs).

I n s t i t u t i o n a l PAPs

Enterprises required to be relocated shall be entitled to :

Compensation

Permanent land acquisition

Permanently affected factory housing/structures

Permanently affected facilities

Relocation Subsidy

Art. 2 7 of 197/2004/ND-CP

Dismantling of machineries

Transportation of machineries

Assembling of machineries

Commissioning of machineries

Restoration Allowance

Production stoppage

- post tax profit

Cash compensation for the acquired land at replacement cost.

Cash compensation at replacement cost for the affected factory housing and other structures.

Cash compensation at replacement cost for the affected facilities.

Subsidy in cash for the total cost of dismantling of machineries.

Subsidy in cash for the total cost of transportation of machineries.

Subsidy in cash for the total cost of assembling of machineries.

Subsidy in cash for the total cost of commissioning of machineries.

Cash allowance for 30% of post tax

TD2 Project - Credit 4 107-VK Resettlement Thuan An 22011 10kV Substation Plan

Art. 28 of 197/2004/ND-CP

- salary Art. 26 of 19 7/2004/ND-CP

Other subsidies

- loan

profit x 12 months (on the basis of the average revenue of the last 3 years)

Cash allowance for full basic salary for all personnel x 6 months.

to be considered by the project related Citylprovincial People's Committees

- exemption of revenue tax to be considered by the project related Citylprovincial People's Committees

Notes

(i) It is noted that the above entitlements, assistances etc. are essential criteria applicable to land acquisition throughout the country in accordance to Decree 19712004lND-CP dt. Dec. 03,2004.

However, apart from the essential criteria above, there are certain additional assistances, bonus, subsidies etc. defined and applicable by certain province1 city for certain project:

E x a m p l e :

Binh Duong People's Committee promulgated its Decision No.2581QD- UBT dt. November 29, 2005 - "Regulation on compensation, assistance and resettlement when the State acquires land for public interests" with certain additional assistances, bonus, subsidies, etc. that do not prevail in the Decree 19712004bJD-CP i.e.:

Art. 8 Timely ground clearance bonus (from 500,000 VND to 6,000,000 VND per household)

Art. 11 Other assistances

- Assistance to PAP HHs with martyr or wounded soldier or the 'heroic mother of Vietnam7 5,000,000 VNDIHH

- Wounded soldier from 114 to 414 3,000,000VNDIHH

- HH deserves well of Revolution 1,000,000 VNDIHH

- Assistance to PAP HHs with specially difficult circumstance 5,000,000 VNDIHH

etc.

However, it is noted that in this subproject, such assistance/bonus are not integrated in the 'Cost and Budget' of this RAP and, by the actual time of compensation, such additional assistances/bonus applicable in Binh Duong province shall be calculated in the compensation and rehabilitation cost and budget.

TD2 Project - Credit 4 107-VB Resettlement Thuan An 22011 10kV Substation Plan

(The Consultant envisages that costs for such additional assistances/bonus can be covered by the contingency of 5% of the costs of Preparation of RAP and DMS + Compensation and Rehabilitation).

(ii) It is noted that all items of the 'Relocation Subsidy' and 'Restoration Allowance' in case of the Institutional PAPS shall be evaluated by an independent evaluation agency*. Based on such evaluation, the Citylprovincial CRC shall issued the 'Compensation and Assistance' proposal for the approval by .the People's Committee.

In case of HCMC, the 'Southern Information and Valuation Center' (SIVC), 145, Nam Ky Khoi Nghia Rd., Dist.1, is usually used for the assessment of the compensation, relocation subsidy and restoration allowance for the resettlement of institutional PAPS i.e. enterprises, production setups etc.

TD2 Project - Credit 41 07-Vh' Resettlement Thuan An 22011 10kV Substation Plan

CHAPTER 4: RESETTLEMENT SITE

4.1 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 minor.

All individuals, households or institutions (PAPs) who are impacted temporarily or permanently by the project are owners of land and properties, land and house renters in the station area, ROW of T/L and in proposed areas for tower foundations and temporary service roads had been total up following:

- There are 8 HHs with their agricultural land being acquired more than 25% of their total holding.

- There are 2 HHs with their houses totally affected (in substation area); ten HHs which have houses and cattle stables are damaged a part in ROW; However, all their houses/structures could be existed in ROW as stipulated by Government Decree No.l06/2005/1\TD-CP dt. Aug. 17, 2005 on the protection of the high voltage networks and they required not to be relocated. Therefore, their houses will be supported by grounding conductors and fireproof material for safety.

- There are 16 HHs (65 persons) and 1 institution (Binh Hoa People's Commune), have land are affected temporary. All of them will be compensated by cash for land were under ROW, reduced value.

- Apart from the individual PAPs, there is no institutional DP, and no institutional PAPs are required to be relocated due to their 'specially used land' (land on which the enterprise housing is built) are not affected.

4.2 Measures to Minimize Land Acquisition

4.2.1 Consultation and Participation

During the project preparation PMB7s Consultant have conducted detailed survey on the project impacts. The survey teams have also conducted discussions and consultations with local authorities and local people on the possible impacts caused by the project, particularly the alignment of T/L routes so as the selected line routes are the least impact option.

The proposed layouts of the Thuan An Substation and connecting line is also displayed and discussed again in the respective RAP coinmunity meetings.

The draft layouts of the substation and connecting line have been communicated by PMB to the relevant bodies i.e. provincial, district and commune People's Committees, Dept. of Natural Resources and Environment,

TD2 Project - Credit 4107-VN Resettlement Thuan An 2201 1 l OkV Substation Plan

provincial/district~commune/township/ward cadastral services etc. for comments and public display. The valuable feedback of local authorities and PAPS were taken into account for design.

4.2.2 Impact Limitation Measures in Design Stage

Route Selection

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

The following principles were followed:

The routes selected are shortest possible with the station location of optimal services. Such routes are relatively close to public roadslcanals to avoid land acquisition for access roads and minimize cost during construction, operation and maintenance.

The substation area and T/L 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 its 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 houseslstructures.

Official agreements on locations of T/L routes have been obtained from the related citylprovincial People's Committees.

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 hnctions and the selected locations has been thoroughly studied. Area of tower foundation varies from the average straight line tower of 5.2 x 5.2m to the average angle tower of 7.8 x 7.8m.

4.2.3 Impact Mitigation Measures in Constrciction 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

TD2 Project - Credit 4 107-VN Resettlement Thuan An 2201 1 I OkV Substation Plan

crops and terminated before the next sowings. To achieve such target, apt workforces with working shiRs 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.

4.3 Result of Mitigation Measures

I n d i v i d u a l D P s

Impact on Land

Area (m2)

- Permanent impact on residential land

- Temporary impact on residential land

- Permanent impact on productive land

- Temporary impact on productive land

Nil

695

Impact on Houses/Structures

Areas (m2)

Total affected houses 150

Partial1 temporarily affected houses 720

Total affected structures 250

Partial affected structures 190

Impact on Facilities

Nill.

Other Impacts

Affected business Nil

Impact on natural preserving zones, sensitive arcas Xi1

Impact on tenants who leased house for residential purpose Nil

PAPs

PAPs with residential land being temporarily affected, in which:

Household ' Person

houses/structures, in which:

Total PAPs with more than 25% of productive land affected

8 .. . . . ., , .. ,... ,.. , , . . . . .. .. . . .. .. .... . . .. . . .. .. . . .. ,. .. .. .. .. .. .. .. .- .,. , .., ,- ...., . . .. .. .- . ..... . .. . .... ., .. .. .. . . . . .. .. .. .. . .,. .. . .,.

PAPS required to be relocated 21 12

48 . . , . ... .. . . .. . ,. .

Notes (*) Please note that 16 HHs (65 persons) with their residential land being temporarily aflected (in ROW) shall receive cash compensation for diflerence between residential land and crop land due to change of land use from residential to crop land.

(* *) 10 HHs (35 persons) with temporarily totalhartial impact on houses/stirctures which cotlld be existed in ROW as stiptrlated by Government Decree No. 106/2005/ND-CP dt. Aug. 17, 2005, and they required not to be relocated. Therefore, their houses will be supported by grounding conductors andfireproof material for safety.

Thanks to mitigation measures through public consultation from the initial stage and design stage of the project, the socio-economic surveys show that there is no HH with their residential land and/or houses being permanently acquired more than 25% of their total holding required to be relocated.

All PAPs opted for cash compensation for their certain impacted assets at the replacement costs.

I n s t i t u t i o n a l PAPs

Impact on Land

Areas (m2)

Permanent impact on specific used land Nil

Temporary impact on specific used land Nil

Permanent impact on productive land 573

TD2 Project - Credit 4 107-VN Resettlement Thuan An 22011 1 OkV Substation Plan

Impact on Houses/Structures

Impact on Facilities

Other Impacts

Nil

Nil

Nil ..............

Impact on ethnic minorities Nil

PAPs

Institutions

Total PAPS with more than 25% of productive land af'fected Nil

Total PAPs with more than 25% of specific used land affected

PAPS required to be relocated Nil .. ......................... ................. .......... .................................................... - ...................................................................................... - ......................................... - ........ -. .......... .................... .- ..........

Table 4.1 - PAPs Required to be Relocated

I n d i v i d u a l PAPs

Provincel KO. District/Commune

Thuan An

PAPS required to be Relocated

Total

Reasons of Land Acquisition

Substation

I n s t i t u t i o n a l P A P s

Sr. Province1 No. District/Commune Relocated

PAPS required to be Reasons of Land Acquisition

Tower

--

I

Substation and way in Substation

Total --

; 1 Nil I! ----

Xi1 1

TD2 Project - Credit 4 107-VN Resettlement Thuan An 22011 l OkV Substation - P Ian

4.4 Kesettlcrnent Site

Apart from the community meetings in the project affected areas, the Consultant7 representatives have held meetings with the districts and communes People's Committees on the T/L routes and substation area selection.

Official agreements (approved by provincial People's Committees) on the substation location and T/L routes and have been approved by Binh Duong People's Committees.

Table 4.2 - Agreement on T/L Routes and Substation Location

Provinces

Binh Duong

(See Appendix 4 for Agreements on substation location and T/L routes). 4

T/Ls and Substation

Binh Hoa commune, Thuan An district, Binh Duong province

As already mentioned above, there are 2 HHs (12 persons) with temporarily totallpartial impact on houseslstructures which could be existed in ROW as stipulated by Government Decree No. 106/2005/ND-CP dt. Aug. 17, 2005, and they required not to be relocated and their houses will be supported by grounding conductors and fireproof material for safety.

There are 16 HHs (65 persons) with their residential land being temporarily affected, but land area outside of ROW of these HHs is sufficient for construction in the future (more than 60 m2)

Agreement on T/L Routes

Like this, there are 2 HHs have to move houses. Their expectation is compensated cash, therefore no resettlement site is required.

Official Letter KO.

257NBND-SX

Dated

January 23Ih, 2007


CHAPTER 5: PEOPLE'S PARTICIPATION

5.1 Community Meetings

During the project preparation (along with RAP preparation), SPPMB and the Consultant have held community meetings at the commune/ward level in the project areas with the participation of PAPs and representatives of Commune People's Committees, other government offices and commune NGOs (Women Unions, Youth Unions, Farmers Associations, Fatherland Fronts, War Veterans in December, 12th, 2007.) where the project related issues i.e. project investment financial resources, project objectives, project components etc. are explained by PMB representatives.

The proposed layouts of T L routes are also displayed in the meetings along with discussions and consultation with the local authorities and local people on possible impacts caused by the project, alignment of routes etc, so as the proposed selected line route are the least impact option.

In the community meetings, PAPS' queries on RAP related issues i.e. entitlements, compensation etc. are explained by PMB representatives and PAPS' opinions, including voluntary donation of their marginal impacts on trees, crops (i.e. bananas, papayas etc.), bamboo fences etc. of insignificant values were recorded.

The prevailing opinion of PAPs in the project areas follolwing:

The construction of substation and transmission lines which are supported by all PAPs.

PAPs would like to be informed of the actual project implementation time- schedule well in advance so as to prepare themselves for the ground clearance.

PAPs would like to be compensated at replacement cost for their assets losses and market price for their temporarily affected crops.

Such Minutes of Community Meetings bear the signatures of the representatives of district CRC, commune People's Committee, PMB and PAPs.

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

5.2 Socio-economic Surveys

PECC3 has carried out the socio-economic surveys by direct interviews and fill-in the 'Questionnaires' covering 100% of PAPs in the project areas. (Pls. see Appendix 6 for Sample of 'Questionnaires 7. The survey teams have also distributed the Pamphlets of Q & A on RAP related issues and illustrations with measurements of ROW and electricity related accidents. (Pls. see Appendix 7 for Samples of 'Pamphlet 7.

TD2 Project - Credit 4107-VN Resettlement Thuan An 2201 1 10kV Substation Plan

The drafts of RAP Entitlement Matrix have been copied and communicated by PMB to the relevant bodies i.e. provincial People's Committee of Binh Duong province, project related district People's CommitteeslCRCs, project related commune People's Committees (also for display at the offices of the commune People's Committees), Chiefs of related districts and commune NGOs (Women Unions, Youth Unions, Farmers Associations, Fatherland Fronts, War Veterans ect.) and PAPs' representatives. (Pls. see Appendix 9 for Socio-economic Household Data Sheet).

5.3 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 PAP 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 PAP consultation:

5.4 Phase 1 - Information Campaign, PAPS and Agency Consultation during Resettlement Planning and RAP Preparation

This phase - RAP planning and preparation - consisted of substation location and T/L 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 PAPs 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.

TD2 Project - Credit 4 107-VN Resettlement Thuan An 220/1 l OkV Substation

--

Plan

Drafts of RAP will be sent by PMB to the related provincial People's Committees in February, 2008 for review and comments.

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

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

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

Action 1

Information and discussion with related local authorities on the connecting line routes and substation area.

After studying maps and visiting the sites, the Consultants had envisaged a preliminary route on 1150,000 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 T L routes and Substation location. These activities took place in March - April, 2006.

Action 2

Impact survey and statistics

Based on the agreed T L routes and substation location, survey teams had realized the routes at sites coordinated with the commune officials to make a list of PAPs affected on land, houses and crops. The socio-economic survey forms were delivered to 100 % of affected households. These activities took place in November, 2007.

Action 3

Meetings with PAPs ' representatives

When the survey finished, the Consultant in coordination with the commune officials held meetings with PAPs having land and other assets in ROWS and with hamlet representatives. In these meetings, the Consultants officially informed the participants of the project purposes; presented the project impacts onland 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. PAPs were consulted on the entitlement and compensation policy. PAPs 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 December, 2007.

Action 4

TD2 Project - Credit 4 107-VN Resettlement Thuan An 3201 1 1 OkV Substation Plan

Sending draft RAP and Entitlement Policy to NPTfor review and disclosz~re

Draft RAP will be sent by PMB to all project related provincial and district People's Committees in February, 2008 for review and comments. PMB and PECC3 have requested the citylprovincial arid district People's Committees and other local authorities to carefully review for the requirements on waivers, eligibility to compensation, proposed entitlement policy, RAP cost, taskforces, mechanism for complaint and applied unit costs in drafi RP.

The drafts RAP have also been disclosed at the offices of the project related CityProvincial People's Committees and at VDIC of the World Bank office in Viet Nam.

5.5 Phase 2 - Information Campaign and Consultation during Rescttlcment Implementation

During this phase - RAP 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 PAPs; finalize PAPS' options on relocation, compensation mode, trainings etc.

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

Action 1

Establishment of CRCs, Information dissem ination and training for CRCs

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 RAP contents and steps of RAP implementation, disseminating RIB to all PAPs. This activity is expected to commence by May, 2008.

Action 2

Distribution DMS and entitlement forms to PAPS

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

After the distribution of RIB and compensationlentitlement forms to PAPs, district CRCs and all commune local authorities will organize meetings in each commune to clearly informlexplain the policy of RAP to PAPs. In these meetings, PAPs can raise their questions on any resettlement issues. This activity is proposed to be done by about October, 2008.

Action 3

Meeting with PAPs on compensation payment

TD2 Project - Credit 4 107-V;U Resettlement Thuan An 22011 10kV Substation Plan

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

At the meeting, PAPs 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 PAPs fix revision, if necessary.

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

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

Action 4

Information to local authorities on implementation schedule

PMB will inform commune authorities and PAPs about construction schedule and procedures as well as schedule of RAP implementation.

Commune local authorities and district RCs must closely coordinate together for ensuring that all PAPs are h l ly informed about compensation and project RAP implementation schedules.

5.6 Resettlement Information Booklet (RIB)

To ensure that PAPs, their representatives and local governments of the affected areas fully understand the details of RP, RIB will be prepared by PMB, and will be distributed to all PAPs 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 entit1emt:nts 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 RAP implementation.

T D 2 Project - Credit 4 107-VN Resettlement Thuan An 22011 10kV Substation Plan

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.


CHAPTER 6: BASELINE INFORMATION

6.1 Data Gathering Activities

The census and inventory work of project impacts were carried during November, 2007 by the Consultant and under the assistance of the related local authorities. The inventory work includes :

Census of all PAPs impacted by the project.

. Survey for PAPS who have houses (partially or hl ly demo1ishe:d) within the proposed locations.

. Survey for PAPs impacted on trees in the proposed project locations and outside ROW according to the regulation for the safety protection of HV system stipulated in Decree No. 106/2005/ND-CP dt. 17 Aug., 2005.

. Survey for impacted public infrastructures, properties, facilities and farms.

Survey for land acquisition area for tower foundation.

Survey for temporary land acquisition area.

Survey for other impacted assets.

Each survey team is organized with 2 members in co-ordination with local authorities.

1 survey team for the T/L route, 1 teams for the substation location.

The inventory forms are made for 100% PAPs in ROWS.

The socio-economic survey of PAPs was carried out for 100% of PAPS.

The socio-economic survey for PAPs is to define the characteristic of impacted community, evaluate on the population, housing status, main economic activities, living standards of PAPs etc.

6.2 Socio-economic Surveys

The socio-economic surveys aiming at providing baseline data on the localities traversed by the TILs and substation, covering :

1 I I Binh Duong I Thuan An ( Binh Hoa 1

Province I !

Survey data cover the information on the characteristics of the clommunities, their sources of income, revenue, socio-economic situation. The survey also aims at identifying characteristics of effected areas, assessing the development

District

1 Total ( 1 districts -- -

Commune

1 communes

TD2 Project - Credit 4 107-VN Resettlement Thuan An 22011 10kV Substation -- P Ian

of population, houses, socio-economic etc. The survey data are used for establishing resettlement policy and bases for evaluating restoration of living standards.

6.3 Economy

Economy in the project related provinces, among the open-door market economy of the whole country, develops on the trend of increasing industry and services sectors in the overwhelming agriculture and aquaculturelfishery sectors.

Binh Duong is one of the giants in the economic development in South Vietnam with the overwhelming percentages of the 'industry and r;onstructionY sectors.

However, in the project areas or along the T L , the population is mainly farmers with sources of main income from long-term tree planting, and free laborers with unstable occupations.

6.3.1 Agriculture

For more than a decade, new agricultural and rural policies have encouraged the productive force in the rural areas and urged many farmers to invest in the agricultural development. The application of new farming know-,how (spread out by the agricultural extension services) and government investment have brought about new changes in agriculture and rural areas in the project related provinces.

6.3.2 In dustry and IIandicrcrfi

Binh Duong is well known for its various categories of industries i.e. mechanics, chemical and processing industries that occupy the overwhelming portion in the industrial sector of the project related provinces.

Apart from the well known industrial zones, there are many centralized industrial areas in all the project related provinces.

The industrial growth rates varies from around 7% to 25% in the project related provinces.

The small industry and handicraft in the communes are not developed yet because of the remote areas, the limitation of capital, and the difficulty of product consuming. Currently, main production is small scale aqua-products processing, rice milling, grinding just to serve the local demand.

6.3.3 Transport

Currently, carsltrucks can reach all the district towns of the project related provinces. However, only more than 75% of the communes in the project related provinces can be reached by carsltrucks


6.4 Census and Inventory

6.4.1 Population and IZouseh old Characteristics

The socio-economic survey traversing the T L covering 5 communes belong to 2 districts of the project area in Binh Duong province is carried out for 100% of all PAPS. Features of surveyed households are as follows:

Average family size:

- Man

- Women

4.93 persons

57.76 %

42.24 %

Age groups:

1 - 17 yrs 22.74 %

18-60yrs 71.84 %

Above 60 yrs 5.42 %

Heads of HH:

- lMale 81.03 %

- Female 18.97 %

Education standard :

All districts covered by project have secondary school and primary schools and elementary schools, nursery school:

- High school 27.08 %

- Secondary 43.68 %

- Primary 10.47 %

- Elementary 1.44 %

- Illiterates 0.72 %

Occupation

- Farming 27.64 %

- Wage-earner 35.12 %

- Small scale business 3.25 %

- Housewifery 1.08 %

- Retirement 1.44 %

- Others 0.36 %

- Unemployed 0.72 %

- Schooling 32.85 %

Average annual income 48,600,000 IOJDIHHlyear

9,858,000 V3!D/person/year


Amenity

- HHs with power supply

HHs with electric meters

HHs without electric meters 3.45 %

- HHs with water supply 76.35 %

- HHs with dug well

- HHs with septic tanks

- HHs with telephones

- HHs with TVs

- HHs with refrigenerators

- HHs with motor bikes

- HHs with bycycles

- HHs with other facilities

Ethnic monitories in the vro-iect area There is not any ethnic minority group in the project areas

6.4.2 Health care

All districts covered by project have 1 district general hospital each and all communes covered by project have 1 healthcare station each.

The commune 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.

6.4.3 tIousing 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:

Cat. 4 41.67 %

'Temporary ' 58.33 %

Apart f?om the above mentioned houses, there are huts with bamboo or wood supports and palm-leaf walls and roofs. These structures are usu.ally used as auxiliary structures i.e. animal stables, by-pondllake guard huts, by-plantation guard huts etc.

Houses are usually constructed in these areas, have same structure; it is difficult to identify residential and arable area.


Pls. see Appendix 8 for Housing Categories defined in the Vietnamese Construction Standards.

6.4.4 Income

Sources of Income

- Farming 27.64 %)

- Small scale business 3.25 '%

- Retirement 1.44 O/o

- Others 0.36 O/o

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

Average Income

The socio-economic surveys covering 5 communes belong to 2 district in the project area show that the average income of the overall population in the project areas is around 48,600,000 VNDIHHlyear with the following groups of income and household economic situation :

Groups of Income I Household Economic Situation

(in relation to the average household income in the project)

High Mediu rn Low

(in relation to the average household possession of facilities in the project areas)

High Medium Low

TD2 Project - Credit 4 1 07-VN Resettlement Thuan An 22011 lOkV Substation Plan

CHAPTER 7: PROJECT IMPACTS

The data gathering activities in the socio-economic surveys for the baseline information are shown in Chapter 6. From such baseline informaltion, statistics of project impacts are shown below.

7.1 Types of Impacts

ROW is defined on the Decree No.l06/2005/ND-CP dt. 17 Aug., 2005 by GOV on "security protection for high voltage power network".

All houses and public structures in ROW are required to remove or could be existed with the restricted conditions.

All high trees in tower foundation areas and in ROW of T/L shall be cut so that the distance from the top of trees to the lowest conductor is not less than 6.0m. All trees out of ROW but it is supposed to touch to the conductors in the case of fallen trees (should be at least under 1 .Om from the top of fallen trees to the conductors) will be cut.

All structures out of ROW but it is supposed to impact to the project such as explosive storage, gas station, quarry, communication centers etc. will be removed.

Permanently land acquisition for the project consists of:

- Land acquired for substation area

- Land acquired for tower foundations

- Land acquired for permanent access roads

Temporary impacted land for the project consists of:

- Land area surrounding the foundation during the period of foundation digging and tower erection.

- Land area for the service roads for transportation of matterial into the tower position. The impacted land area will be proposed temporary from 1 to 2 months*.

- Temporary impacted land area in conductor tension consists of a line along ,the route, ROW of 220kV T/L is 23m wide and 1 lOkV T/L is 17m (the line is only calculated for category of annual cultivation land). The land area would be impacted from 1 to 2 m0nth.s.

Impacted bridges and roads built by local during materials transportation.

Inventory survey work for impacts has been carried out during June 2007 and with the results shown in the table below.

It is noted that in this subproject, certain existing roads are selected for 'service roads' during the construction period and later be used as 'access roads' for maintenance purposes.

'rD2 Project - Credit 4 1 0 7 - V S Resettlement Thuan An 22011 1 0 k V Substation Plan

7.2 Project Impacted People

The following persons to be identified by the baseline information collected for this RAP are Project Affected Persons :

(a) Persons whose houses are in part or in total affected (temporarily or permanently) by the project;

(b) Persons whose residential and premise andlor agricultural land is in part or in total affected (permanently or temporarily) by the project;

(c) Persons whose businesses are affected in part or in total (temporarily or permanently) by the project;

(d) Persons whose crops (annual and perennial) and trees are affected in part or in total by the project, and

(e) Persons whose rented houses for residential purpose are affected b y the project

Results from the Socio-economic surveys show that:

Individual PAPs

Project Affected People I HHs Persons

Total nzrmber of PAPs

in which I Permanently Impacted PAPs

- Number of PAPS with more than 25% of productive land permanently acquired

- PAPs with totally or partially affected residential land and the remaining land is sufficient for rearrangement

- PAPS with totally or partially affected residential land and the remaining land is insufficient for rearrangement

.

- Number of PAPs with less than 25% of productive land permanently acquired

- Nuinber of PAPS with permanently impact on houses 1 2 12

15 72

- Number of PAPS with permanently impact on structures

- Number of PAPS with treeslcrops totallylpartially impacted

- Number of PAPS with permanently totallpartial impact 011

business Nil


Project Affected People I1IL Persons

- Number of PAPS required to be relocated 2 12

Temporarily Impacted PAPs

- Number of PAPS with temporary land acquisition 16 6 5

- Number of PAPS temporarily totallpartial on residential 16 (*I 6 5 land, in which:

PAPS with only residential land (without house in 6 3 0 ROW) being temporarily affected

PAPS with both residential land and houses (in ROW) 10 3 5 being temporarily affected

- Number of PAPs with temporarily totallpartial impact on houseslstructures

lo** 35

- Number of PAPs with temporarily totallpartial impact on business

Nil

Notes Please note that 1 HH may fall into more than I impact categoly (therefore, do not add the total Permanently Impacted PAPs with the total Temporarily Impact PAPs for the total number of PAPs).

(*) 16 HHs (65 persons) and 1 organization with their land being temporarily affected (in ROW) shall receive cash compensation for reducing the valzre of of land use.

(**) 10 HHs (35 persons) with temporarily total/partial impact on houses/structures which could be existed in ROW as stipulated by Government Decree No. 106/2005/ND-CP dt. Aug. 17, 2005, and they required not to be relocated. Therefore, their houses will be supported by grounding conductors andfweproof material for safety.

It is also noted that there is not any ethnic minority group in the project areas.

Institutional PAPs

Project Affected People

Total number of PAPs

in which

TD2 Project - Credit 41 07-VN Thuan An 22011 10kV Substation

Resettlement Plan

Project Affected People I PAPs -

a Permanently Impacted PAPS

- Number of PAPs with more than 25% of productive land* permanently acquired I Nil

- Number of PAPs with less than 25% of productive land permanently acquired

- Number of PAPs with less than 10% of total specific used land permanently affected Nil

- Number of PAPs with more than 10% of total specific used land*' permanently affected

- Number of PAPS with permanently impact on factory housing Nil

- Number of PAPS with permanently impact on structures Nil

Nil

- Number of PAPS with treeslcrops totallylpartially impacted

- Number of PAPS with permanently totallpartial impact on business

- Number of PAPs required to be relocated Nil

Temporarily Impacted PAPs

- Number of PAPs with temporary land acquisition

- Number of PAPs with temporarily totallpartial impact on houseslstructures

- Number of PAPS with temporarily totallpartial impact on business

Notes It is noted thal there are I project affected institzltions in Thtmr An district is People's Committee of Binh Hon commune.

* Productive land : crop planting land.

*. Specific used land : land on which factory housing is built.


I n d i v i d u a l P A P s

7.2.1 Number of PAPs

T a b l e 7.1 - N u m b e r of P A P s

1 I Binh Duong I 1 1

City-Province1 District/Commune IIouseholds I --- Persons

Total number of individual PAPs includes PAPs with permanently affected assets and PAPs with temporarily affected assets in ROW and during construction.

1 . 1 ( ~ u o n ~ o c --

( 1.1.1 I Xuan Dinh

Institutional PAP is People's Committee of Binh Hoa commune.

29 1 142 1 I

Please see Appendix 10 for Inventory of Project Afected People.

7.2.2 Total PAPs by Categories

T a b l e 7.2 - Tota l P ro jec t Impac ted Households by I m p a c t Categories

C a t e g o r i e s Number of Hlls I

PAP who has trees, crops, which are damaged by the project during the 1 construction period due to construction of temporary access roads or

conductor stringing.

PAP who has residential, garden, productive lands which are temporarily acquired during the project construction period.

PAP who has houseslstructures, 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 110% of total areas), and the lost house/structure portion could be rebuilt in adjacent areas already owned by the PAP. Impact on cleared residential land in ROW would be temporary as it could be reused for restricted purposes.

PAP who has house, which are partially or totally damaged, and the damaged portion will affects to the safety or using purpose of the entire house or structure (the dismantled areas are more than 10% of total areas or even less than 10% 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 PAPs. Impact on cleared residential areas will be temporary as it can be reused for restricted purposes.

Nil

I 5 PAP who has houses, which are partially or totally damaged, and the 1

damaged portion will affects to the safety or using purpose of the entire I--- house or structure, so the house/structure need to be totally removed and


rebuild. But PAP 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 60 m'.

PAP who has residential land, productive land which will be acquired 6 permanently for the project, including for permanent roads construction

and maintenance of the project:

(a) acquired productive land areas is more than 25% of total productive land PAPs' holdings.

(6) acquired productive land areas is less than 25% of total productive land PAPs' holdings.

(c) the remaining residential-garden land areas is less than 60 m'. 1 Nil

(d) the remaining residential-garden land areas is equal or more than 60 m2.

7 PAP impacted permanently or temporarily on business or other services. Nil

Notes It is noted that 1 HH m a y fall into more than 1 impact category.

01 institutional PAPs fall in cat.1 and 2 above.

7.3 Project Impacted Assets

The project will impact on:

Permanent land acquisition for the station, tower foundations, and some access roads for the project construction.

. Permanent impact on houses, structures, trees, crops and otlier assets in the proposed station area, tower foundation areas and in ROWs.

. Assets on the service roads.

. All trees and crops or other assets surrounding the tower foundation and ROWs.

. Temporarily acquired land required during construction of the project.

Results of the socio-economic surveys show that:

P e r m a n e n t I m p a c t s

. Residential and productive land acquisition for the station area, tower foundations, service roads.

Trees, crops in the proposed tower foundation areas.


High trees in ROW that to be cut (from the tops of the trees to the lowest conductors are not less than 4 m) and high trees adjacent to ROW but could touch the conductors in case of fallen.

I n d i v i d u a l P A P S

Permanent Land Acquisition

w Residential land

w Productive land

- Paddy field

- Garden land

- Pond

Total permanently land acquisition

Nil

(representing 15.92% of total productive land holding)

Permanently Impacted Trees and Crops

. Trees lost

. Crops lost

1.51 1 trees

34.186 m2

Permanently Impacted Houses, Structures and Facilities

. Houses 2

. Structures

. Facilities

3

Nil

T e m p o r a r y I m p a c t s

Houses/structures along the strips in ROW of TIL.

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

Trees, crops along the strips in ROW of T L during the construction period.

Temporary Houses/structures within R 0 Ws

Housing category Number of houses Area (m2)

Cat. 4 5 520

TD2 Project - Credit 4 107-VN Resettlement Thuan An 2201 1 10kV Substation Plan

. Cat. 'Temp.'

Total

Temporary Land Acquisition within ROWs

. Residential land

. Paddy field + Crop land

. Perennial planting land 1,361 m2

Total 26,795 m2

Temporary Land Acqziisition during Construction Period

There is no land acquisition during construction period since certain existing roads (earthen roads, macadam roads etc.) will be used for excess roads during the construction period.

I n s t i t u t i o n a l P A P S

Permanent Land Acquisition

. Specific used land

. Productive land

Nil

573 m2

Perrnanently Impacted crop

. Crop 1,942 m2

Perrnanently Impacted Factory housing, Structures and Facilities

. Factory housing

. Structures

Facilities

Nil

Nil

Nil

Temporary Land Acquisition within ROWs

a Productive land 1,369 m2

The details of impacts are shown in the following tables in two separate parts : (i) individual PAPS and (ii) institutional PAPS.

TD2 Project - Credit 4 107-VN Resettlement Thuan An 22011 1 OkV Substation - Plan

I n d i v i d u a l P A P S

7.3.1 Number, Category and Area of the h orrses/Structures Lost 2

7.3.2 Number and Area of Residential Land Lost Nil

7.3.3 Number and Area of Productive Land Lost

Table 7.3 - Permanent agricultural land acquisition

Unit : m2

I 1 crop land 1 I I

City-Province1 Number DistrictlCommune 1 ofHHs

I I I ( 1 . ) Binh Duong I I I I I Thuan An I I I i I

Agricultural Land Lost Total Area 1 I

1 I Binh Hoa i 30 ( 34.540 1 5.502 ( 730 40.772 1

7.3.4 Quantity and Types of Crops and Trees Lost

Table 7.4 - Permanent ly impacted crops

Pond 1 I Rice land +

Unit : m2

Garden

1 sr . I City-Province/ 1 Impacted Crops I Total Area 1 I

- I

1. I Binh Duong 7 DistrictlCommune

I I I I I 1 I Thuan An

Rice Vegetables / sugar-cane 1

i 1 Binh Hoa ( 53.169 1 4.109 1 1.650 1 5 8 . 9 2 8 1

IT2 Project - Cred~ t J 107-VS Kesettletncnt 'Thuan An 220'1 I ClkV Substation - -- - - -- - - - -- -- -- -

Plan --

7.3.5 Business Lost including Structures, Land and other Fixed Assets

'I'here is no business lost among the individual PAPs. The business lost in respect of the institutional PAPs is described in details in the following 'Institutional PAPs'.

7.3.6 Productive Assets Lost as Percentnge of Total Productive Assets

Table 7.6 - Productive assets lost as percentage of total productive assets

Cr. I I

KO. 1 DistrictlCornrnune Land Lost productive Idand

I Lost

1 . Binh Duong I

L 1 7'h.m An I

I 1 Binh Hoa 256,121 40,772 1 15.92

7.3.7 Quantity arid Category of Otlter Fixed Assets Affected Nil

7.3.8 Temporary Damages to Productive Assets

Table 7.7 - Temporary affected land in ROW

Unit : m2 ~ r . Province1 Number Rice land+ Industrial Resident

1 No. DistrictICommune 1 of HHs / Crop land I tree planting land* (

Notes It is noted that there is no 'tenq~orary ulfecled land during construction' since cerluin existing roads (eur/hen roads, ~nacadum roads etc.) are defined to he used for 'excess roads' during /he construction period and/or later on, to he used as 'excess roads ' for maintenance.

(*) Residential lcrnd is temporarily aflected (in ROW) shall receive cash con1pensation.for difference between residential land and crop land due to change of land useporn residential lo crop land.

I dnh Duong

Table 7.8 - Number, category and area of the temporary affected house in ROW

I I

I

I 1 land ) i 1

I Thuut? An

Binh Hoa 17

I .L-%_ - --

/ Binh Hoa

24,739

/ Sr.

1 Number ~ Housing Categories Total o f H H s I

1 Cat. 4 1 Cat. 1 'Temp.' Area 1 City-Province1 DistrictICommune

I --A Number of Area / Number of Area ~

1 houses + --

1 (m2) , houses ----r---- (mZ) ;-- I I I I

TD2 Project - Credit 4107-V3 Resettlement Thuan A n 22011 1 OkV Substation -A Plan

Notes IZHs with temporarily totcrl/partial impact on ho~rses/strzlctzrres which could be existed in ROW as stipulcrted by Government Decree No. 106/2005/ArD-CP dt. Az~g. 17, 2005, and they required not to be relocated.

For HHs with temporarily total/partial impcrct on housing category of Cat. 4, their hotlses will be supported by grounding conductors for safety.

For HHs with temporarily total/partiaI impact on housing category of Cat. 'Temp.', their houses will be improved by fireproof material and grorrnding conductors in order to exist in ROW.

TD? Project - Credlt 4 107-VS Resettlement

Thuan A n 220' 1 IOLV Substation - - Plan --

CHAPTER 8: IMPLEMENTATION ARRANGEMENTS

8.1 Measures for the Project Implementation

8.1.1 Annou~icemeiif fo PAPs

All PAPs shall be thoroughly informed about the rights and policies of RAP 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 PAPs or infor~ned at the meetings in districts and communes; hung in public places such as administration quarters of cominunes and school.

Public announcement tasks shall be implemented immediately after GQV and WB approval of project is obtained. Please see the basic features of the Resettlement Information Booklet (RIB) in Art. 5.6 of Chapter 5 above.

8.1.2 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 PAPs 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 PAPs have not completed their house building at new resettlement site.

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

8.2 RAP Implementation Process

RAP implementation will be included in 3 actions as follows.

i. General action Right from the beginning of the project preparation, implementation work.

. . 11. Separate uction At several times, once for each project component. ... 111. Continuozls action Continuous action for the stages of RAP

implementation.

TD7 Project - Crcai t -1 107-VE Resettlement

Thuan An 320'1 I Oi,\' Substation ----- - - . . Plan

8.3 Essential Actions

8.3.1 Acfint lI

Just after the award of capital borro\vs convention of WB, PMB will select and contract a qualified agency for independent external monitoring.

Alo~e : The project related provincial and district CRCs are already exist.

8.3.2 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 RAP and propose to PPC for amendment of the applicable unit prices in W, if necessary, to ensure that PAP is compensated at replacement costs at the time of RAP implementation.

Article 9 of Decree 197/2004/hTD-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 line with the Government regulation (within the GOV's range of minimum and maximum prices).

Chapter 2 of Decree 188/2004/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

8.3.3 Action 3

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

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

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

PAPs that permanently impacted Inore than 25% of total productive land or incomes will be entitled to rehabilitation assistance. They will be assisted for the training or TA for agriculture/husbandry or non-land based program. The ainouilt of 700.000 (VND)lperson/main labor is delivered directly to training or TA institutions/ consultants and 800,000 VND for trainee as a subsidy allowance in the training time (total is 1,500.000 VND per trainee).


Thiian An 320i l 10kV Substation Plan

The proposals for trainings or TA programs ~vill be prepared by PMB and PECC3 in the period of RAP implernentation. The proposals will be developed based on the consultation with local authorities and the participation of PAPs. The proposal also includes the possibility of elnployment after training. The proposal will be furnished to IDA for its concurrence.

8.3.6 Action 6

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

8.4 Implementation Schedule

One of the RAP provisions is that RAP will be carried out in accordance with the mentioned process for the purpose of security for land clearance and implementation of civil work.

The ilnple~nentation schedule must ensure the synchronized linkage between RAP 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 RAP implementation schedule is as follows :

Schedule for PMB and Proiect CRC :

1. Establishment of Project CRC Aug., 2008

2. Review and approval of RAP by the project related People's Aug., 2008 Committees

3. Review and clear of RAP by the WB Sep., 2008

4. Negotiation (GOV and WB) Oct., 2008

5. Effectiveness Nov., 2008

6. Colnmencement of Public information Nov., 2008

7. Coinmencement of Field works (DMS) Nov., 2008

8. Commencement of payment of compensation

Schedule for PAPs :

Nov., 2008

1. Colnmenceinent of declaration of quantity and status of propertiesNov., 2008

2. Coininenceinent of receiving coinpensation and ground clearanceDec., 2008

Discussion among Consultant, PECC3 and PMB for the above proposed RAP implementation schedule has been held, taking into consideration the number of project related coinlnunes in each province, the impacts with resettlement and possibility of parallel activities.

TD7 Project - CI-edit 4107-VS llesettlelnent

Thuan .4n 370'1 IOkV Substation Plan -- -. -

All RAP activities must be satisfactorily coinpleted bef-bre the World Bank issues a no obiection for award of contract for the sub-projects. Any changes to the RAP after WB clearance will require review by the WB Office in Hanoi before colnlnenceinent of construction.

8.5 Staffing for RAP Implementation

8.5.1 Proposed Stnffitzg for RAP infplementation

Staffing for the RAP ilnplementation is proposed in the following table.

Table 8.1 - Staffing for RAP Implementation

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

8.5.2 Training and Workshop

I

In order to carry out RAP implementation smoothly and effectively, prior to RAP implementation, organizing trainings, workshops for social safeguard staff of Binh Duong PC and officials of local authorities are necessary. The trainings, workshops will be held by PMU with TA 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 RAP implementation as well as monitoring and evaluation, report preparation, base line data management.

I

Total working time

3 months

3 months

3 months

3 months -. 6 months

6 months

S r. No.

1

2

4

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

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

institutions

PMB --

City/Provincial CRC I-

! 1

'l'he training courses and workshops are to be organized in the project related provinces ~vithin a short course of time i.e. 1-2 days.

District CRCs --

Commune People's Committees 1; 1 F'ECC3

Independent External Monitoring

1

1

2

2

TI12 Pro-jcct - Credit 4 107-VS Resettlement

Thuar! , , In 22011 I OkV Substation Plan

Table 8.2 - Sumber of Proposed Trainees

Organization 1 Surnbcr of Content I

-- Staff 1 -.

I P

- Mechanism for redressing the complaints/

j grievances.

1 1 ;;;mediate training - -- ! 2

I 1.4 PECC3 - Internal and External Monitoring and

evaluation of RAP implementation

- DMS, entitlement determination.

12. ( Primary training I I I

1 1.2 1 Provincial CRC 2 1 - Key RAP policies.

1 1 1 1 - Monitoring and evaluation of RP 1

2.1

Notes The Conzmunes' officers are one cadastral cadre and one oflcer from Labor and Social Bureau..

- - -

Officers of communes

1

The independent external monitoring agency is supposed to be a professional agency in the jeld of external monitoring of RAP inlplenlentation and their training is not required.

2 . 2 1 ~nternal monitoring office I

implementation.

- Community participation and consultation.

- Complaints and Grievances

8.6 Grievance and Appeals

2

Since the entire resettlement and rehabilitation program is being carried out with the participation of the PAPs 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 PAPs have avenues for redressing their grievances related to any aspect of compensation and resettleinent, detailed procedures of redresses of grievances have been established for the project. The objective is to respond to the complaints of the PAPs 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.

- DMS, inventory, survey

2

The procedures are as follows :

- Key RAP policies.

Stage I - Comnzune Level

If any person is aggrieved by any aspect of the resettlement and rehabilitation program, he/she can lodge an oral or written grievance with coinlnune authorities. In case an oral compliant is made, it will be written on paper by thc commune and processed. Coinlnune People's Committee will settle the issue within 15 days

Stage 2 - District Level

TD2 PI-qjcct - Credit 4 107-VX Resettlement

T h u a n An 22011 10kV Substation Plan -

If any aggrieved person is not satisfied with the decision in Stage 1. heishe can bring the coinplaint 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 coinplaint within 15 days

Sta,oe 3 - Provincial Level

If any aggrieved person is not satisfied with the decision in Stage 2, he/she can bring the coinplaint to thc 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. l97/2004/ND-CP (Art. 39) entitles PAP to file 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 PAP can bring the issues to Court by using the Bureau of Law Consultants, free of charge.

Stage - 4 - Court Case

If the PAP is still dissatisfied with the decision in Stage 3, he/she 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.

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

Detailed procedures for redress of grievances and appeal process shown publicized among the PAPs during participation meetings and also in the offices of RBs. This information is also incorporated into the RIB to be disseminated to the PAPs before the beginning of implementation.

Please see Figure 8.1 for Grievance Redress Administrative and Juridical Structures Available to PAPs.

TD2 P~.c?)ect - Credit 4 107-VX Resettlement

Thuan An 730!1 10kV Substation Plan

Figure 8.1 - Grievance Redress Administrative and Juridical Structures Available to I'APs

Provincial r-TJ District

CRC

Commune + District Court

People's Committee

Lawyer : Complaints

A Bring to Court

8.7 Monitoring and Supervision

The implementation of RAP 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 iminediately after RAP approval and shall begin supervision and monitoring activities form the beginning of the implementation phase.

8.7.1 Intern nl Monitoring

Internal supervision and monitoring include the following activities :

Monitoring the population and socio-economic surveys of PAP and the inventory of PAP assets, status, occupation and living conditions and supervising the i~npleinentation of compensation, resettleinent and rehabilitation for the PAP in the terms agreed by the PAPS.

Monitoring whether the implementation of resettlement and coinpensation tasks are carried out as provided in this RP.

Monitoring the availability and quality of replace~nent land.

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

'PD? Project - Credit 4 107-VN Resettlement

Thuan An 730!110kV Substation Plan ---

Investigate and fairly assess each case of coinplaint and grievance.

Internal inonitoring agencies will prepare a quarterly report dctailing the progress of RAP implementation. Such a report should be made available to appropriate GOV authorities, WB and external inonitoring agencies.

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 RAP 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 PPCs for adjusting.

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

Evaluation of socio-economic project impact on the PAP.

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

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

Offering suggestions on how improve RAP 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 to the appropriate GOV authorities, the WB and to the representatives of the PAPs.

- 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 RAP and its implementation, shall document both by means of interviews with the PAP the situation and the opinions of these latter after they have been resettled and compensated.

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

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

TD3 Prqject - Credit 4 107-VS Resettlement

I'huan An 7301 I 1 0kV Substation -- Plan

CHAPTER 9: COSTS AND BUDGETS

9.1 Budgets

Budget for RAP iinpleinentation will be the counterpart finds: Binh Duong PC is to cover overall budgets for all components of RAP implementation.

9.2 Compensation Cost Estimate

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

Decree No. 197/2004/ND-CP dt. 03 Dec. 2004

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

Survey for replacement costs and market price for structures, land, trees by PECC3 in the period of carrying out impact survey (December, 2007).

9.3 Compensation Unit Prices

Decisions for unit costs of co~npensation of Binh Duong Provincial People's Committees are applicable for these subprojects

To ensure that the applicable unit costs for compensation are at the replacement costs, during the impact survey, PECC3 had carried out the survey on unit prices in Binh Duong province and coinpare them with the unit costs approved by the Binh Duong provincial People's Committee. Construction prices given by contractors for recently structures are similar to construction price applied in RP.

The applicable compensation unit prices, particularly for land, in this RAP reflected the prevailing market prices in the project areas since all the applicable compensation unit prices have just issued by the People's Committee of Binh Duong province (in accordance to Clause 4 of Article 56 of the 2003 Land Law).

9.3.1 Compensation Unit Prices for IIouses nrzd Structures

The co~npensation unit prices for structures approved by the the People's Coininittees of Binh Duong province reflect the building inaterials and labor costs proposed by the local construction contractors.

1-11? !)rqject - Credit 4 107-VN Resettlement

Thuan A n 2?.0!110kV Substation Plan

Table 9.1 - Coinpensation Unit Prices for Houses

Notes For HHs with renlporarily total/partial illlpact on housing categories o f Cat. 4, their houses will be supported by grounding condtrctors for safery. Unit price of this strbsidy allowance for fireproof n~aterial and lightning arrestors is calculated by PECC3, as rounded up 650,000VND.

Unit : V N D I ~ ' I

Sr Provinces Housing Categories I I i

1 S o I

For HHs with ten~porarily total/partial impact on housing category of Cat. 'Temp. : their hotrses will be improved by Jireproof material and grotrnding conductors in order to exist in ROW. Cost of inlprovement is proposed to be equal to constructing a new house of the same category in replacement cost.

9.3.2 Compensation Unit Prices for Land

Cat. 'Temporary' I

C'

Compensation for land shall be at replacement cost.

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 1412004lTT-BTC.

I 1 Binh Duong

L , 758ROO5IQD-UBND dt, Tovember 29,2005

Chapter 11 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 :

1,200,000 1 400.000

'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 RAP implementation and the amendment will be done by the provincial People's Committee (if required and to be used for calculation the entitlements of PAP) to ensure that PAP will be compensated at the replacement costs for land, house, trees and market prices for crops according to this RAP policy.

Table 9.2 - Compensation Unit Prices for Land

Notes In this project, the affected productive land is the paddy field land, the garden land and crop land and there is not any other category lands affected.

Unit : V N D / ~ ~

The newly issued compensation unit prices for land reflect the prevailing market price of land in the pro-ject areas. 'Direcr cot~~crrison nletl~od' andlor

1 Sr 1 KO

1

Residential land

900,000

Provinces

Binh Duong

26712006lQD-LTBND dt. December 25,2006

Thuan An district

Paddy field

Garden land

Crop land

I Long term Tree

planting land

300,000 300,000 350,000 -

350,000

TL17 Prqject - Credit 4 107-VN Resenielnent

Thuan An 2-70il 10kV Substation - Plan

-h~conlc. melhod' (Chapter I of Circular 114/2004/TT-BTC dt. 26 Sov.. 2004) of defining land price shall be applied for the adjl~stment of unit cost to ineel the replacement value by the time of issuance of unit cost. The contin_cency component would cover such differences by the time of actiral RAP implementation.

9.3.3 Conzpeizsntion Uizit Prices for Trees air d Crops

Co~npensation for crops shall be at market price.

According to Circular 114/2004/TT-BTC of MOF, coinpensation for fruit trees is determined based on the remaining han~ests, perennial trees to be compensated at the replacement cost and annual crops to be compensated at the average yields of three latest years.

Coinparison of the applicable local unit prices, surveyed market prices and prices proposed by PAP shows that the unit prices are not much altered.

Table 9.3 - Compensation Unit Prices for Crops

Unit : V N D / ~ ' I

Sr. Provinces 1 \I/. 1 Rice

2,000 1

Vegetation

3,000

Binh Duong 258/2005/QD-UBND dt, November 19,2005

.TD? Project - Credit 4 107-VS Resettlement

Thuan A n 32011 10kV Substation p- _ _ _ _ _ _ _ _ -__- Plan

--

9.4 Total Cost Estimate for RAP Implcmcntation

9.4.1. H o w o f f i n d

Fund for the implementation of RAP will be froin the PMB.

The District CRCs bases on approved decision to pays directly for:

. Payment of compensation and all entitled allowances directly to PAPS, and

. Payment to cover costs of overall RAP activities.

9.4.2. Cost Estimates

Expenditures for RAP comprising of:

Im~lementation stage - DMS

Preparing for the RAP implementation, the district CRC's Support Working Teams are mobilized to carry out (a) the preparation of DMS and inventory forms, RIB, (b) organizing coinmunity meetings, (c) DMS and inventory work, (d) negotiations with PAPs and (e) finalizing the PAP'S compensation and rehabilitation forms and submit to district CRCs for approval.

Total cost for prepared phase to make RAP:

+ Construction cost 2 time x 200,000 = 400,000

-t Land survey cost I time x 200,000 = 400,000

+ Measuring and Drawing Cost 1 contract x 70,000,000 = 70,000,000

+ Surveying and set up landmarks 100 landmark x 150,000 = 1 5,000,000 cost

Total 85,600,000

Compensation and Rehabilitation

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

Compensation for permanently land acquisition.

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

. Colnpensation for houses and structures required to be removed froin the proposed ROWS (including demolishment cost and repair cost).

TD3 Project - C r e d i ~ 4 107-Vx Resettlement

'Thuan An 320:l 10hV Substation Plan

. Subsidy, allowance for rehabilitation. consists of: relocating subsidy. transport allowance, training subsidy ctc.

Incentive for tiinely movement.

Against slippage in prices

According to The Seventh Sesion of Binh Duong People's Coininune approved land price adjustment plan to put into practice in 2007. Agriculture land, forestry land, production forestry land, aquaculture land prices increase 66% in coinparation with prices fraine in 2006. So, to ensure expenditure enough for colnpensation for land prices increase in a year, it is necessary to calculate slippage in prices (temporary calculation increase 66% in coinpare with current land prices).

Trainings. workshop, information campaign etc.

One intermediate training course and one primary training course are proposed to be organized right at the beginning of the RAP implementation and one workshop is proposed to be held at the coinmencement of actual payment of compensation. Considering the insignificant number of project related communes in each province, the training courses and workshop are proposed to be organized within a short course of time i.e. 1-2 days in Binh Duong province.

Total cost of training courses and workshops (including TAs, documentations, admin, fees)

is estimated at 10,000,000 VND

Management CRCs

Cost for staff of PMB and CRCs includes in : physical basic salary and allowance for administrative organization. The local PMB and CRCs shall undertake many works during the project iinplementation and only soine members will be contracted to work for a certain period of tiine.

Since CRCs have not yet identified exactly people number and work time, maximum estimate cost for CRCs is 2% Compensation and Prepare Resettlement Plan Total Cost.

Monitoring

When carrying out the project, PMB will enter a contract with an independent external monitoring agency to carry out the external inonitoring. Since cost of monitoring work has not yet envisaged in detail, it 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 monitoring.

Contingency

TD' Pro-iect - Credit 4107-VN Resettlement

Tnuan An 12011 10kV Substation Plan

Froin the iinpleincntcd and on-going implcincnting pro-jects of siniilar nature. the rate for contingency is estiinatcd about 5% of total cost of coinpcnsation and RAP preparation.

T h u a n A n d i s t r i c t . B i n h H o a c o m m u n e

T a b l e 9.5 - Substa t ion a r e a

I So. Content of cost

1 A 1 COMPENSATIO

I I i Support ofreducing land use value (temporary calculation is 30% landprice)

I

I1

111

IV

1 11 ] plant o 1 a Shor day crop

1 c 1 cost for cultingpIant

1 b I perennial I I I I

Larirl

Horrse

B

Other assets/ Architecture building

Plant 1

I 1

Plant

COMPENSATION COST -Temporary effect

( 1 / Transport allowance 1 Household 1 2 / 3,000,000 1 6,000,000 1

50,400,000 I

135,450,000

60,915,000

60,035,000

25,000 580

I

T c o s t for cuttingplant 0 25,000 (

I -1 - -

1 2 Life allowance

14,500,000

0

C

1 person I 39 1 900,000 1 3 5 , 1 0 0 . 0 d

( 3 ( Allowance for changing occupation I person ( 28 1 1,500,000 1 42,000,000 1

SUPPORT

I I Allowance for transporting exactly rate of I

1 5 1 Allowance for connecting to ground 1 House

1 93,100,000

Allowance for improving house m2

I TOTAL (A+B+C)

T a b l e 9.6 - W a y in Substa t ion

Content of cost

(VNU) L--. --

1 A ! COMPESSATIOK COST - Permanent effect r--T----l

/ 1,537.41 5,000 I

+ I - --- 1------

I Land 1 m2 1 L L . A I - I i 1 , 4 ~ , 7 0 0 ~ 0 0 ~ - .- - 4,949 '

TD3 Pro-iect - Credit 4 107-VS Resettlement

Thuan An 230/110kV Substation Plan -- --

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

1 I1 House I I I -- I I 0 \

r I

I / 111 ; Other assets! Architecture building i I -. ---- -

1 I V plant i I

I I j c / Cost for cutting plant I plant I 931 1 25,000 1 23,275.000 1

1 0 I I 1 52,715,080 1

[ a 1 ,S\IO~ day crop

1 h 1 ~ere,~rliul

I Support of reducing land use value 1 I ( (temporary calculation is 30% land price)

I ! / 10,048,000 / i i / 19,392,0001

- - - I 11 / Plant

I c ( Cost for cutting plant I plant 1 0 1 25,000 1 0 1

a

Person 1

Shor day crop 0 I

b Perennial

I 1 ~Moo,ooo - 1 C ' SUPPORT

I Allowance for transporting exactly rate of 1 project

I

Table 9.7 - Transmission Line llOkV

0 I

0 1 3,000,000 1 0 1 1

I

Household ~ 0 5,000,000

5

1 TOTAL (A+B+C)

Transport allowance 1

\ Household

0

House Allowance for connecting to ground

Support of reducing land use value 1 (temporary calculation is 30% land price) I II.866 1

6 1 Allowance for improving house

I

1 A

1

I1

111

-- - .-- 11 1 Plant

i .. - - -. .. .

0

1,553,015,000

m' 1 0 1 353,000

0

0

j COMPENSATION COST - Temporary

1,141,926,000

Content of cost

COMPENSATION COST - Permanent effect

Land

House

Other assets/ Architecture building

0

650,000 0

Unit

m2

Unit Price

Quantity

2,001

Amount (VND)

600,300,000

600,300,000

0

0

-I'D? Project - Credit 4 107-VS Rcsenle~nent

Thuan An 220i110kV Substation Plan ---

. - - - . _____--..-- -- -- -- - y--- -- I I I

12 S/lot' dnj- o.op 1 1 19.620.000 7 ! - I

b j Pcrctitiial 1 I 85,950,000 / i I -. - - -- -- -- --

I I c 1 Cosf,fir czrtfitig plar~t 1 plant 1 1.059 / 25,000 1 41.475,000 I I I I

1 C SUPPORT

' p l a l l o w a n c e

1 3 / Allowance for changing occupation

1 / Transport allowance I d I 0 ( ~.000,000

I 0 1

Table 9.8 - Transmiss ion L i n e 220kV

135,345,000 1

Househol

1 -1

1 Allowance for transporting exactly rate of / Househol

1

0 --

10

project

5 Allowance for connecting to ground - -

0

0

Person

Person

d

Mouse

m2 6

5,000,000

-- Allowance for improving house

TOTAL (A+B+C)

a

b

COMPEKSATlOK C O S T - Temporary effect

I

0 1 900,000

0

Unit Price

( V m

No.

A

1 I

1 c Cost for curling plant

Support ofreducirlg land use vrrlue I

(temporary calculation is 30% Irrrirl price) I 14,929'

0

Amount (VND)

479,274,000

476,100,000

Unit Content of cost

COMPENSATION C O S T - Permanent effect

Larid

Shor day crop

Perennial

1 a 1 Shor day crop

1,500,000

Quantity

I I I I I I

Plant

1 b / Perennial

m2 1,587

0

( c ~ o s f f o r cut/ingpIant 1 plant 1 I I 0 I

3,174,000

0

0

1 C SUPPORT I I 10,125,000 1 I ! - I i

1 I Transport allowance

25,000

1 Househol ~ d l

I 0 1

( 2 Life allowance I 1 person I o 1 900,ooo 1 0 i 1 3 / Allowance for chunginz occupation L - ---

) Person 1 / I Allowance for transporting exactly rate of I Househol : 1 project

TZ>2 !+eject - Cred~t 4 107-VN Resettlement Thuan An 310 1 1 OkV Substation - -

Plan

- -- -- -- 7- - -- -

, 5 Allouancc for connecting to ground / House I 2 , 650.000 1 ' 1,300,000 i , ~ ~

I 6 Alloivance for improving house

Note: (i) This nllo~,ance is nppliedfor HHs with tenlyorari!~~ ir77pcrcted Iar~d (in ROW). This is con7~1ensalion cost for redzrci17g qf value of'lund hre In he in ROW.

(ii) Szq70pi-t for jreproof ~nciterial and lightning arrestor=s is calcrrluted by PECC3, as rozlnded z r p 650,000VND. This szlhsidy is applied for HHs with len7porarily total/parfial inpact on housing calegories of Car. 4.

(ii) This allowance is cost npplied for HHs with ten~porarily total/partial iri7pnct OF^ housing categories of Cat. 'Temp. '. Cost is proposed to be equal to constrlrcting a new house of the same categoiy in rep/acen?ent cost, as ~ ~ ~ , O O O V N D / F I ~ ~ .

1.112 t'rojcct - Crcdit 4 107-VN I~cscltlulllclll

'l 'li~~an An 2201 1 10kV Substation 1'11111 - -. - - - - - - - -- - --

Table 9.9 - Summary of Compensation - -- --- - -

1

Nei dung chi phi Substation Way in 'I'ransrnission l'ransmission -71 1.111~ 'i'otal Substation Line I1 OkV

. .- 2201tV

-- - - -

1 * I : ( I M ~ ~ & A ' I . I o N COST - Ferrnancnt cffcct 10,136,700,000 1,537,415,000 p---.-,..-.-- . - 600,300,000

-~ .-

i 479,274,000 , 12,753,689,000 -

9,890,850,000 1,484,700,000 600,300,000 - ~

- - -- - - - - -

l lousc 60,000,000 0 0 60,000.000

) 111 / Othcr assets/ Architecture building 50,400,000 0 0 50,400,000 , ~

- -

I V [ ~'iant i 135,450,000 52,7 15,000 0 3,174,000 19 1,339,000 / _ -- -- - -

I 1 I3 COMPENSATlOK COST - Pcrrnancnt cfrcct 0 0 I 1,141,926,000 1 . -- -

1 I Support of rcducing land use value (temporary calculation is 30% land pricc)

1 ; I ! rl'ranspoll allowancc

i 2 I I,ifc allowancc

Allowance for changing occupation I- J-L 1 4 / Allowance for transporting exactly rate of projcct

1 5 / Allowance for connccting to ground ' 6 Aiowance for improving house

'1'0'I.A 1. (A+B+C) I

TD? Project - Credit 4 107-VX Thuan An 230!1 10kV Substation

Resettlement Plan

9.4.4. Totnl Cost of RA P I~nplentetttntiott

Table 9.10 - Total Cost of RAP Irnplcrncntation

Unit: VND

_"impensatG -

, 1 Permanent acquisition 1 12,753,689,000

60 Components

A ( Preparation of RP

Amount (VND) 1 85,600,000

I

2 / Temporary acquisition

1 C 1 Rehabilitation

2,5 15,394,000

254,170,000

1 D

-

F

( E I Contingency =5%(A+B+C+D) I 780,442,650 1

Contingency for land depreciation during 1 year

Trainings, workshop ... 10,000,000

I F G

Notes: Overall budget for this RAP implementation is porn the counterpart: SPPMB.

Cost for CRCs = 2%(B+C)

External Monitoring (TT)

Grand Total (A+B+C+D+E)

3 10,465,060

50,000,000

26,210,986,710 ~

TD? 1'1-oject - Credit 4 1 0 7 - V S Resettlement Thuan An 220!110kV Substation Plan

CHAPTER 10: DISCLOSURE

Drafts of Poiicy Franzework and Entitleinent Matrix have been disclosed by PECC3 at the People's Committees of Thuan An district and Binh Hoa cominune of the project areas in Binh Duong province.

All feedback From local authorities and PAPS are integrated in this RAP.

Draft of RAP has been disclosed at the office of Vietnam Development and Inforination Center (VDIC) of the World Bank office in Hanoi.

The final RAP will be cleared by the WB and approved by NPT.


Thuan An 220kV Substation Plan


Policy Framework for Compensation, Resettlement and Rehabilitation

Entitlement Matrix

Agreements on Station Location and T/L Routes


Sample of 'Questionnaire'

Sample of 'Pamphlet'

Housing Categories (Vietnamese Construction Standards)

Socio-economic Household Data Sheet of DPs


Interests detail of Project Affected People

- - - - -. - - - pp -- - -

Power Engineering & Consulting Joint Stock Company 3

'rD2 Project - Credit 4107-VS Resettlement

rhuan An 320kV Substation Plan -- -

Appendix 1


- - - -- - _-___-___-__---__-


TD2 Project - Credit 4107-VN Thuan An 22011 1OkV Substation

Resettlement Plan

Status of plants in Substation area and under Right of Way

Status of land in Substation area and under Right of Way

Status of fish pond under Right of Way

Status of houses in Substatio~ 1 area and under Right of Way

Animal pen under Right of Way Pond under Right of Way

Power Engineering 8 Consulting Joint Stock Company No.3 Appendix 1- 1


Thuan An 22011 1OkV Substation Plan

1 1OkV Exist Line 220kV Exist Line

Investigating affected household Surveying affected household

Community Meetings at Binh Hoa commune, Thuan An district (20/12/2007)

Power Engineering 8 Consulting Joint Stock Company N0.3 Appendix 1 - 2

TD2 Prqiect - Credit 4107-VK Resettlement

Tliuan An 2?OkV Substation -- - -. --- -- Plan

Appendix 2

Policy Framework for Compensation, Resettlement and Rehabilitation

~ -- pp


TD? Project - Credit 4 107-VN Resettlement


Vietnam: Transmission and Distribution II Project

POLICY FRAMEWORK FOR COMPENSATION, RESETTLEMENT

AND REHABILITATION OF PROJECT DISPLACED PERSONS

lMay 2005, Corrected August 2007

-- - - ~

Power Engineering & Consulting Joint Stock Company No.3 Appendix 2- 1

TD2 Project - Credit 41 07-Vh' Resettlement


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

PA--


TD2 Project - Credit 4 107-Vx Resettlement

Tliuan An 22011 10kV Substation Plan

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:

Component 1 : Transmission and distribution expansion and reinforcement

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 lMon 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 km 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 Meterin~, 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 Nha Be line 1 0 Mon substation, and for the two GIS substations at the Binh Tan and Hiep Binh Phuoc.

- - -. -- - -- - -. - - -- - -- - -- - -


TD3 PI-oject - Credit 4 107-VN Resettlement

Thuan An 330il I OkV Substation Plan -

RPs of remaining project phases will be prepared later based on the proposed project inlplementation schedule and this Resettlement Policy Framework (one RP for each subcomponent).

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 Persons" 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, employn~ent 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.

@ Power Engineering & Consulting Joint Stock Company No.3 Appendix 2- 4

.TD? pro-ject - Credit 4107-VN Resettlement

Thuan An 220i110kV Substation Plan

) Replacement Cost

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

For agricultural land: it is the pre-project or pre-displacement, cvhichevcr 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 infiashucture facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes.

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.

Crops, trees and other perennials based on current market value

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.

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, incorne rehabilitation assistance, and relocation, as needed.

- - -~ -- -. .-

Power Engineering & Consulting Joint Stock Company N O . ~ Appendix 2- 5

TD2 Project - Credit 4107-VS Resettletnent


vii) Right of Way

For this Policy Framcwork, Right of Way (ROW) is determined as a safety corridor along a power line or substation with width: iength and height specified in the Decree 5411999KD-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.

x) Ethnic / Indigenous People

Ethnic/Indigenous 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 and/or 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.

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 Framelvork is

- - -- -

Power Engineering & Consulting Joint Stock Company No.3 -@--- Append~x 2- 6



to ensure that all displaced persons (DPs) will be compensated for their losses at replacement cost and prm~ided with rehabilitation measures to assist thcm 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 sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rinhts 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 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 DP's prior to the expected start-up date of works in the respective Project site.

(0 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.


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

pp - -

Power Engineering & Consulting Joint Stock Company No.3 Append~x 2- 7

'I'D7 Prc~icct - Credit 4107-VS Resettlement

Thuan An 730!1 10kV Substation - .- Plan

--

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

) Effective and timely supeivision, monitoring and evaluation of the implementation of RPs will be canied 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 E m T 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 ~roiect. Each Abbreviated Resettlement Plan will be furnished to the World Bank for consideration no later than three months prior to the actual initiation o f the works under the Proiect. Compensation, resettlement and rehabilitation activities will only commence after the World Bank has found acceptable the respective Abbreviated Resettlement Plan and EmT has approved i t The compensation, resettlement and rehabilitation activities ~ l i l l be completed before awardinn the contracts of civil works under each sub-project.

Resettlement Plan

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

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.

' Impacts are considered "minor" if the affected pcople are not physically displaced and less than 30% of their productive assets are lost

-- --- -- - -- -- - - -- _ Power Engineering & Consulting Joint Stock Company No.3 Append~x 2- 8

TD:! Project - Creciit 4 107-VS Resettlement

Thuan An 270/110kV Substation Plan

ENCII RP ~9ill hc completed b y 170 Iutcl- 1I7cin sis niontl~s priol- to the estin7ated date fir comn1e17ceinent of the works. Encl7 RP ~lgill he fii1.17isl-red to tI7e HTol.ld Bank,fo~- considerntion bll

no Inter than tI7i.ee montlzs prior 10 11'1~ actt~al iniliation o f the M J O I . ~ under the Proiect. Rehabilitation and assistance activities will only commence after the World Bank has found acceptable the respective RP and Ew 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 RPs; ii) appointing qualified social safeguard staff at each PIMB.

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

B. Legal Framework

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 S a m on November 26, 2003, provides that: "the persons with land to be recovered shall be compeilsated 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 Conlmittees of the provinces and centrally-run cities shall elaborate and execute resettlcillcnt projects


Ti)? Prqject - Credit 4 107-VS Resettlement

Thuan An 330i1 10kV Substation Plan --

before the land recovery for compensations with dwelling houses, residential land for persons ha\,ing residential land recovered and having to move their places of residence. The resettlement zones must have development coilditions 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 compcilsated 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 19712004ATD-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. 11 6/2004/TT-BTC issued on December 7, 2004 by the Ministry of Finance provides guidelines to implement the Decree 197/2004/ND-CP

Decree 60lCP 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 881CP 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 60/CP (5/7/1994).

Decree 188/2004/ND-CP issued by GOV on November 16, 2004 sets the methodologies for defining land prices and land price frame 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/TT-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 con~parison method and income method) for the land price verification of different types and categories of land in different regionslareas to ensure the replacement cost.

@ Power Engineering 8 Consulting Joint Stock Company No.3 Appendix 2- 10

TD? Prqject - Credit 4107-VS Resettlement

Thuan An 22Oi1 10kV Substation Plan

1,aw on Taxation of Land Use Right Transfer, approvcd by the Sational 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 114/CP 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.

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

Decree No. 6711 999ATD - 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 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.

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 fill1 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;

~-


TD7 ?!-ciec! - Credit 4 107-VN Resettlement

Thuan A n 13011 I OkV Substation Plan -

Identifying vulnerable groups and providing special assistance to thcsc 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 cr 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 ussistance, 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.

Perinanent 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.

-- - - -- - - -- -

@ Power Engineering & Consulting Joint Stock Company No.3 Appendix 2- 12

TD7 Project - Credit 4 107-VT Resettlement

Thuan An 23011 10kV Substation -- Plan

Allowances are pro~~ided to help the DI's in the transition period and there is an institutional structure through which people are infornlcd. can negotiate compensation. and can appeal.

Differences between the approaches and measures that need to be addressed within the program also exist. Ilowever, in this context, procedures exist within national and City governments that allow the granting of waivers of domestic law on specific projects that inay 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:

Elinibil i~ 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 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 1 8, 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-compeilsation 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 assistailce

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.

- - - - -- - - - - -- - -- - - --- - .- - -. -- - - -

Power Engineering & Consulting Joint Stock Company No.3 A p p e n d ~ ~ 2- 13

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

1'0 ensure that the objectives of the project resettlement policy are met, unit price for land con~pensation established by the Project ProvincialICity People's Committees will be adjusted to meet the replacement costs.

Assistance Policy for DPs who Rent State-owned dwellinn houses - Decree 197

Article 21 of Decree 197/2004/ND-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 197/2004ND-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 188/2004mD-CP states that the land price shall be defined 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 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 1712001A~D-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) DP'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.

(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 houselstructure

(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 house1 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.

- - - - --- - - - - - - - - - - . -- -- - - -- -

Power Engineering 23 Consulting Joint Stock Company N O . ~ Appendix 2- 15

TD3 Project - Credit 4 107-VS Kesenle~nent

Thuan An 33011 10kV Substation Plan -

In cases where community infrastructure such as schools, factories, water sources, roads, sewage sj.stems is damaged, the EVX PMB will ensurc that these would be restorcd 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 wD 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 PREPAMTION, AND RELOCATION

If there are families have to be relocated because of the project impacts and resettlement sites are required. The EVN PNIB 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;

-- -. - - - - -- - --

Power Engineering & Consulting Joint Stock Company No.3

-. - - - - - - --

Appendix 2- 16

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

(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.

(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 h l ly informed of the provisions of this Policy Framework at public meetings held by the respective PMB and local authorities.

Each DP will be hlly 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

The 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;

(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;

(h) quantity and category of other fixed assets affected 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 DPYs describing their age, 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

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

C. Complaints and Grievances

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

First step:

-- -. -. - .- -. -. - - -. -- -- - - - -. . - -.

Power Engineering 8 Consulting Joint Stock Company No.3 Appendix 2- 18

TD2. Project - Credit 4 107-VN Resettlement

I'huan An 210! 1 10kV Substation Plan -

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

Second stcp:

If any aggrieved person is not satisfied with the decision in stage 1, helshe 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 stcp:

If the DP is still not satisfied with the decision at district level, 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 Em 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 furnished to EVN.

Internal monitoring and supervision will:

(a) Verify that the baseline information of all DPys has been canied 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 funds are used by the respective PMB's in accordance with the provisions of the RP and policy framework.

0 Power Engineering & Consulting Joint Stock Company No.3 Appendix 2- 19

TD7 Project - Credit 4 107-VN Resettlement Thuan An 230.!1 10kV Substation -- Plan

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

Independent Monitoring: An independent agency or agencies or individual consultant will be retained by Ew PMBs to periodically carry out external monitoring and evaluation of the implementation of RPs. The independent agencies will be academic or rcsearch 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 sanlple of 20% of household DPs in each relevant province six months after each implementation to:

(a) Determine whether the procedures for DPs p&Licipation 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 restorationlassistance 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.

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TD2 I'rc~jecr - Credit 4 107-VS Resettlement

Thuan A n ?30kV Substation Plan

Appendix 3

Entitlement Matrix

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


I'rojcct - (Ircdit 4 1'07-VN I<cscttlc~nc~lt l'lluan An 330/1 lOkV Substation

-ppp-.- - -~ - - - - . . 1'1;111

-- - - - -- - - - -. . - -. - - -. - .

I<URAI, I)IS'I'I1IBUTION PROJECT - ~. . -

7- -- 1 x i ' 1 'I'ype of loss Application

i I

'l'cmporary acquisition of residential and garden land in ROW without house or structures in ROW

- - -- -- -

'-I ' G p o r a r y acquisition 1 of productive land in I 1 ROW

A11 DPs with orchards or trees in ROW

All DPs have trees, crops, other asscts in

ENTITLEMENT MATRIX Dcfinition of entitled IIPs

compcnsation Policy

DPs - Cash compensation for affected trc= the replacement withtwithout cost plus cost for cutting trees, crops at market price.

occupancy prior to cut-off date.

land certificate included in the

Or

ablc to prove land

- Cash compcnsation for affectcd fruit trces and trees at rcplaccmcnt cost.

- No compensation for land

- Rehabilitate land after the projcct construction.

Number of crop patterns to be compensated bascd on the time of tcmporarily acquired of land.

- No compensation for land

- Rchabilitatc land aftcr thc project construction.

- Trees have to bc cut are rcgulatcd by Articlc 5 o f the Government Ilccrec 106/2005/NIl-CI' dt.Aug 17"'. 3005 on the protcction of the high voltage networks.

- PCs and local authoritics dctcr~ninc and cr~surc tliat compensation for trccs will bc at rhc rcplaccmcnt cost and for crops at thc market pricc. If I)P is rcqucstcd I'or c ~ ~ t l i n g affectcd trccs, PCs or Provinces will pay nioncy Sol- this work. DP has right for using salvagcablc trccs.

- Full compensation at lcast 01 nionth bcrorc land clearance. Payment to 1)Ps will be dclivcrcd by IIC andtor 1)istricl Resettlcmcnt Committccs (DRCs).

- Affectcd land in ROW will bc rchrlbilitatcd by contractors aftcr the project construction and land in I<OW could be ~ ~ s c d with thc restricted purposes. i - Finance available for compensation and \vcll inl'o~mation disclosct disscminatc to Dl's and ltcy stake Iloldcrs. - - - - -- - - - - - - - -.-

- Trees have to bc cut arc rcgulatcd by A~liclc 5 o f thc Government Ilccrcc 106/2005/NI)-CI' dt.Aug 17'", 3005 o n thc protcction of the high voltage networks.

- PCs and local authoritics dcterminc arid cnslrrc thi~t compcnsation for trccs will be al the replacc~ncnt cost. I f ' I l l J is rcqucstcd for cutlitig affcctcd trccs, IIC or IJrovinccs will pay money for this work. Dl' has right for usirig snlvagcablc trccs.

I I

I:ull compensation to Dl's at lcast 01 month bcli~lc land clearance. Affcctcd land in ROW wlll be tchab~l~tdtcd by

L I contractors after the project constru~lion - ---=I- 'I- -- pp -- --- - - - - - - - - - - - - - - - - -. - - .

( ) I'a~vcr Engineering & Consulting .Joint Stock Company Ko.3 Appendix 3 - I

'1'113 t'rojcct - (Ircdit 4 fO7-Vh' I<cscttlcmcnt 'I'lii~an An 22011 I OkV Substation

. ~

l'I:111 ~. - .~ - - .. -- - - -. ~ ~

-- - - -. . . - -- . . . - . -- - . -

Implementation Issucs

- - ~- - ~ - - - -

- Payment to [IPS will be dclivcrcd by 1'Cs and DKCs

- Finance available for compcnsation and well information i

disclose/ disseminate to Ill's and kcy stakc liolclcrs. -- - _ . , . . . ..

- I-Iouse and building have to be demolished or could bc existed are regulated by Article 5,6 of tlic (;ovcr~llllent 1)ccrec 106/2005/ND-CP dt.Aug 1 7 [ ~ , 2005 on thc protection ol' the high

- PCs and local authoritics deternlinc and cnsurc that compensation will be paid at the rcplaccmcnt cost, without deduction for salvageable materials.

- l)ps w i l l demolish tile inlpactcd part/ l.oon1 and ilnprovc their houses thcmselvcs.

- Full compensation for trccs and fruit trees at least 0 I ~iionth i

before land clcarance. If LIP is requested for cutting al'fcctcd trees, PC or project provinces will pay money lbr this work. DP has right for using salvageable trees.

- Full entitlement payment to 1)Ps ilnpacted on housc/buiIdi~ig at lcast 03 months before land clearance. 1 - I'aymcnt to [IPS will be delivcrcd by I'Cs and:'or Ill(Cs I - 1,and in ROW could bc used with I-estricted pul-poses. - Finance available for compensation and well infol.~-nation disclose/ disseminate to Dl's and all kcy staltc holders.

. . - . . . - ~~

- IIousc and building have to bc de~nolisllcd or could be existed arc regulated by Arliclc 6 of the (iovernmcnt ilecrcc 10612005MD-CP dl.Aug 17Ih, 2005 an thc p r o t e ~ l b n of the high voltagc - Consultation for DP's options on remains their liousc i n ROW or move out of ROW. - PC, and local authorities deterlninc and cnsul.e that compensation will bc replacement cost ilt the timc of payment.

----- - ~ --

, - . . - .

) No i Type of luss I !

~ ~

entitled IlPs I - . ! I 1 :

1 !--- I - I , 3 ' 'l'cmporaly inipact on All DPs havc -do- ! I residential and househuilding i gardcn land. I'arlial and trees/fruit I i houseibuilding within trccs in ROW

ROW (area in ROW lcss than 10% of total

, , arca) and thc ' 1 de~nolishcd arca docs 1 nut inipact to the I remaining I I

house/building. 1 Residential land and

/ i gardcn land outside of

1 / ROW is sufficient for

! : rc-organizing (not less I than 60 In". ,

i 1 i ! I

I'onlcr Engineering & Consulting Joint Stock Company N O . ~ Appendix 3 - 2 - . _ -- . - . - - --

Compensation Policy

-

llousc/ building:

- DP can opt for : i) ~~~~i~ [heir houses or building i n ROW with the conditions rcgulatcd by Arliclc 6 of the Government Decree 106/2005/ND-CP dt.Aug 1 7Ih, 2005 on the protcction of the high voltage nctworks. Subsidy allowance for fireproof materials and lightning arrestors for the existing house/building; or ii) Cash compcnsation for the dircctly affected rooms at the rcplaccment cost and cost for demolishing an affected room. - No compensation for land. - Kehabilitatc land the project construction by contractors. Trcc and fruit trcc

- Co~npcnsation for affcctcd trees and fruit trees at thc rcplacemcnt cost.

Allowances:

- Relocating allowance of 30 kg of rice equivalent pcr pcrson per month in six months.

!--~ -

J l'eoiporary impucl on All DPs have Ilousc/ building: rcsidcntial and o r housc/building - can opt for : i) ~~~~i~ their houses or building i n gardcn land. Impact and trccslfruit OW conditions regulated by i\nicle 6 of the

Government Decree 106/2005/ND-CP dt.Aug 1 7th, 2005 on the protection of the high voltage networks. Subsidy 1 area but thc allowance for fireproof matcrials and lightning arrestors

I dc~nolishcd arca will I . for the existing house/building; or ii) Cash compensation

i Impact to thc at rc~laccment cost for full areas of impacted I 1 rcrnaining of househuilding and dcmolish DP's house in ROW. 1 / housc/structurc. ! . ~ - - No compensation for land.

--

l'II2 Project - Crcdit 4 j 07-VI\' I<cscttlclncnt 'l'liuan An 22011 10kV Substation

-- -. . . -- .- . .- - - -. . - - -- Plan ~.. - -

Y" 'l'ypc of loss - -- - .

I'crnlancnt acquisition All DPs of land for towcr occupied land foundations, substation and propertics and access roads ctc, associatcd with

[nd permanently

impactcd by towers foundations,

j substation and

Definition of cntitlcd 1)Ps

--

Compensation Policy

person pcr month in six months

- Transportation allowance for relocating IIP according to the Compcnsation Dccrce 19712004MD-CP dated Ilcc 3rd , 2004 of GOV.

- Rehabilitation assistance if DPs pcrmanently losing business or more than 10% of thcir incomes.

- Incentive for relocating 5,000,000 VNDII-II 1

in a timely manner: maximum

-do- ) Ibr Dl' losing prorluefive bnrl:

Implcmcntation Issues I I - - - -- - - .- . - - - - - - - -

- Payment to IlPs will be dclivercd by I'Cs and I>l<C's I - Cleared residential could be uscd with other ~.cstl.ictcd 1 purposcs.

- Finance/ land availablc for rchabilitalion and restoration and wcll information disclose1 disscminatc to Ill's and kcy stnkc

I holders..

- PCs and local autlioritics will cotisult \\'it11 111' who arc eligible to rcstoration programs for thcir options and prcparc proposal for rcstoration programs in thc period or RAI' implcmcntation.

- Consultation for 1)P's options on land compensation.

b. Land loss equal or rliore than 10% of f l~eir lola1 - Full compcnsation for trees and fruit trccs to Ill's at Icast 0 I lat~dholdings: month before land clearance. If IIP is rcqucstcd fol. cutting

a. Landloss less than 10% of their totallandlzoldings

- Cash colnpcnsation for the lost area i f the remain ing plot is still economically viable.

- cash compensation for the impacted if the remaining plot is not ccono~nically viablc. - cash colnpcnsation for properties land

- I'MB and local authoritics detcrminc and cl~surc that ~omp~nsa t ion will bc at rcplaccmcnl cost at thC! lillle or payment. - Rcplacclnent land, and rcscttlcr~~cnt sites dcvclopn~c~lt.

- DPs rccciving compensation will demolish thc itnpactctl areas and rcconstruct/or improvc thcir houscs thcmsclvcs.

DP can opt for the followings:

i)"Land for land" with the same area and productive of

affected trecs, PMU will pay moncy ['or this work. 111' has right for using salvageable trees.

impactcd area if the rcmaining plots are s i l l economic viable and for the whole impactcd plots if the remaining plots are not economic viable

ii) Cash for land at the replacement cost.

For IIP losing Hcsidcntial and gardcn land:

- If rcmaining land is sufficient for reorganizing (not less than 60 m2): Cash comocnsation for lost arca and

- Full compcnsation for impactcd housc and allowances to 1 DPs at least 03 months before land clcarancc.

- N o award civil work contract beforc cumplction ol' compensation and reorganizing houses or relocation.

- compcnsation for trees and affected fruit trecs at thc rcplaccmcnt cost.

- Rehabilitation assistance.

- PCs and local authoritics will consult with 111' who arc cligiblc to restoration for thcir options and prcparc proposal for restoration programs in the pcriod of RAP implcmcntatiun.

- Payment to IIPs will be delivcrcd by PCs and 1lRC:s

- Finance1 land available for co~npensationl rehabilitation and wcll information discloscl disseminate.

-

I'owcr Enginccring & Consulting Joint Stock Company No.3 Appcndis 3 - 4 - -- -

#

'1'112 I'rqjcct - Crcdit 4407-VN i < c s c t ~ l c ~ ~ ~ c ~ l t 'l'huar~ An 2'20/I IOkV Substatio~i - .- ~. ~. l '1i111

- ~- .. ~ ~ ~

~ ~-~ ~~~

I I S" I 'I'ypc o f loss / Application I Ilefinition of / C o m p e n s a t i o ~ ~ Policy I rn~ ) l rmcr l t a t i o~~ lssucs I

I entitled Ill's I I 1 I I -- .- . - . -~ . ~ - -~ . ~- I I I---- assets associated with land. i I - DPs will be granted with [,and Usc I<igIit Cc~.tilicatc willlout 1

~ lp~-~-- . -

7 I impacted on l busincss or other I 1 scrviccs I

- If remaining land is not sufficient for r e o r g a n i ~ i ~ ~ ~ : payment of administrative fees.

"

DP can opt for i) cash coinpensation 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 propertie: associated with occupied land. For affected house and building, the same e~it i t le~nent to DP of categories 3 or 4 01

5.

A I I DPs impacted on busincss and other services

I

(a) Temporary impact on business or othcr scrviccs.

Compensation for income lost in the affected time

(b) Permanent impact on business or other services.

[qJ.-Rehabilitation assistance.

~ ~~ ~-

- 1:ull compcnsation for inco~iies lost to Ill's at lcast 0 I mo~itli before land clearance. - 1'Cs and local authorities will consult with 111' who arc eligible to rehabilitation for tllcir opt io~is and prcparc proposal for rehabilitation programs in the period of RAP implementation.

I I .I.emporary impacts I

I I

Alternative measures to maintain the nonnal functional of the public work (i.e road, water supply, drainage system, telephone line cct)

All impacted institutional DPs (who directly manage and operate such impacted public work system)

Reinstatement after the project construction

All impacted institutional 1lPs shall be

approached in advance for

cooperation for impact

mitigation measure as well as measure for maintaining the

norma1 functioning of their impacted system by the Contractor (s)

All expense on alternative measures to maintain the normal functioning of the impacted system shall be born by Contractor (s)

6% I'o!!'er Lnginccring & Consulting Jo in t Stock Company No.3

Contract (s) with Contractor (s) should bcar o ~ i c article o n this specific responsibility of the contractor (s)

Approach for institutional DPs lor cooperation

Arrange and pay thc expenses for tc alknlativc nicasurcs l o

maintain the normal functioning of thc impactcd sysk ln to tllc satisfaction of the institutioiial I)ils.

.I'll2 f'rojcct - Crcdit 4 107-VN l<csclllcmcrlt

.l'Ii~lan An 220/1 1 OkV Substation . . ~ -- ~~ -- p-- ~ ~

I'la11 .

-

1 hi' ,17ypc 0 s loss I I entitled 111% I

I i'cr~nancnt I~npdcts I

Compensation Policy -

Implcmcntatio~~ Issues

All expense on alternative measures to ~naintain the normal functioning of the impacted systcm shall bc born by Contractor (s)

Alternative measures to maintain thc normal functional of the public work (i.c road, watcr supply, drainage systcm, lclcphonc line cct)

-- -

I'owcr Engineering & Consulting Joint Stock Company N O . ~ Appendix 3 - 6 ---- -- --- -

-do- I I

Complutc thc work for "altct-nativc solulion" 171.ior lo I cotntncncomclll o f t he projcct ii,ot.k. I

I


Thiian A n 330hV Substation Plan

Appendix 4

Agreements on Station Location and T/L Routes

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

@ Power Engineering 8 Consulting Joint Stock Company 3

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- Si> CGng nghitp; - X3ND h u y t n T h u e n A n .

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. . . A : . ,

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1 c>l .Lj : , j : ,, .: 5;;; ' ~ ! ? i $ ky $;:LL{t~ ;>!l$sl [j:Asby i ~ l c t bF,l;g i::ll,! ci$t cilyz kiEri ;<s;; c!ir;l!: ;;-';.lp i . ., . .... . . L: - 3 . . - , . , , . - . . , - -. . ) ..,- , ? .

, ,.:L:L. jlci tjian:; I-,:-r(-:i: (, cil.35 Si:.L! ) CUE CO;lg 11:j Cbl:<agg shen<: Vi& Kazn. L,

TU2 Project - Credit 4107-VY Resettlement

Thuan An 210kV Substation Plan -

Appendix 5


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


-. ., :uni dune: Viv ~ i 6 u tra? x6c dinh msc cfg i n h htidng dc'n mBi trdang, d8n sish -. - - *. kinh t8 cda dg 611 TBA 220kV ThuGn An vh b6'u n6.i.

H8m nay, ngity .;?& thing ..@ nniirn 2007. -

Tqi vbn phhng URND );~~<...&~~~,..,~~&fi

I. Thin11 phdn th-am d1.C --

.a. Phia UZZATD

c. H$ hi 6nh hu'ang jdlanh sach kitm theo)

r- .khi nghe dgj dien PECC3 trjnh bay, ph6 bjcOn th6ng tin v6 d g a n v i s v c2n ~hiC'f I? i..'i; .., , ti5'n h i n h d!6u ria rn* d o iinh h~ic'ilg de0?l mmAi iruQng, d$'n cdln si.nh kiah LC' ctin d q

h TI$:j 22OkI' 'Ifhnors ;"in vb dg'u n&. Cic b6n da van d6i v j cci clic j / Ken sau:

12.1 Y k i h cda 6/3 phtidng vd Hnh hd8iing mOi tru'iing, b6i thdij'ng - t6i djnh cu': . , . . -

: I : H N U !:;:i .... i>/...i<i ... 2:~; ?ii:iin toin nh5.t ir-i vdi chfi tr~'c:.mg cila Nh?, fiu'!:c \i$ * ~. ,.....

xiiy i.I~!r:$ :IL~ Sin '8'98:% 22OkV 'I'hu$n .?Bin vB ~ G ' L I ]I&.. ,.-. .-.

;&,. c .., -1 1 - v-, x r . , ..... . . . . L , . ~ D .:;i -.... :;;;.:. . . :..::.:... (I2 i$i.! dieL: k j e n J$ di!an J&ai? sat b\$,n 1!.;iiii!i ili!rc:li i ,

$ - ! b < < ~ < < : > , -

Dai di$n Dai dien

TD2 Project - Credit 4107-Vs Resettltment

Thuan An 320kV Substation Plan . --

Appendix 6

Sample of 'Questionnaire'

-- - - .- -- .- . -- -


116 c,! A;,!., t,iL$,,g . . . . . . . . . . . . . .... .- --

; 71-;i,K ' I 6

..................

............ ...... -. - --..,

j

. . . . . . . . . . . . . . .... . - . . . . . . . . -- i

('.i'. . , jr : 1 , , . P' -' A' .. t i i pl~:;!:) 1ri.n y u a n den i lat . ih i ) CL! : ........................ .. .............................................................................

, .. . . I . ' . . . , . , r - \

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. . . . . . . . .. ......... 1 ._ - _ __ - i-. " ! i ! lh 1r;1:32 L.. - - . . . : iiiiu

...... -- , ...... - . . . . . . . . . . . . . ) i t ! ) ! !~;~l!]g

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. . - .. - . . . . . . . . . . . . . . . I .-- -. - .- . . . . - . . . . . . . . . .

. , . ' & ; ; , 7 , , . . . . . . . . . . . . . - . . . . . - . . . . . . . . . . . . . . . . . . . . . .. -. - - . . . . . . , : . * ~ . . . . ~. . . . . .:.,. - p- i I

..... . - . . . . . . . . ..... _A__ . . . . . . . . . . . . - . .

3.4 Chi>tt I' i~.~l'(f~lg i5n KhOi Y h ~ c 7 ' h ~ Nhijp Q ;! a . .Fri . . . f icii chinh -. . ('ling cri'p phiftlt~g t i e n sii!r xi15't rn

'I' / . - A 3.. 0 .9 z r(,) s.iL!;> ti111 ~ ' i y c jiiirl L+ . '!'r[j giGp Lrong i,icc. : I:' .LO i ; l ~ % a ,.- . ,. cl t.li!(: ! G O i1!2,l. l~ r i l ( f 1 h. !-I? nghj kh i c : ......................+ .. ': ....................

TD1 P~c?ject - Credit 4107-VS Resettleinent Thuan An 7301;V Substation -- --

Plan --

Appendix 7

Sample of 'Pamphlet'

.. ~~~. - -. -- ~ -~ - ---- -- _ . _ --- Power Engineering & Consulting Joint Stock Company 3

TD2 Prqject - Credit 4 107-VS Resettlement

Thuan An 22011 1 OkL1 Substation Plan -

Appendix 7 - Pamphlet

To perform industrialize and modernize policy of country, Viet S a m Electricity used World Bank loan in credit agreement 4107-?%T.

The South Electricity Project Management Board construct the Thuan An 220kV Substation traversing Binh Hoa commune, Thuan An District, Binh Duong province.

Contruction investment

The South Electricity Project Management Board construct and install substation and transmission line.

People's province committee reach an agreement in Resettlement Plant1 athnic minority.

Relative household.

1. P~oject 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 (TILs and Station) to be constructed and installed by the project.

2. Who M ~ I deJine the affected areas and aflectedproperties ?

Electricity Transmission Company No.4 will supply the District and Commune Compensation Committees with the layouts of TIL routes.

The District and Commune Compensation Committees are responsible for defining the affected areas and carrying out the surveys and inventory of affected properties.

Affected areas are areas lying within the safety corridor of the aerial TIL. Such safety corridor is defined by distance from the outer most cable to each side at the static state (Govt. Decree 106/2005/ND-CP dt. 17 Aug., 2005):

t 20 m wide ROW is applicable to 110 kV TIL.

3. Types oflmpacts ?

Permanent Impact Land, houses, structures, other properties and trees (higher than 4m) lying in the safety corridor of T/Ls and station.

. Temporary Impact Trees, crops and other properties affected during the construction works.

4. Lnl~u' in the safhty cor-ridor 9fTiLs will he tnken,for. the pi-ojecl ?

S o . But such land use is limited to cultivation of crops and trees not higher than 4 m. -- __ - - - -


I 'D2 Project - Credit 41 07-VK Resettlement Thuan An 320,'l I OkV Substation Plan

- 3. kl'l?o 1.ilil1 be conlpcnsnted ur~d 11:ho 14'ill not he con~yensatcd ?

. All families. institutions. individuals who have properties (land, houses, structures, trees, crops) affected by the pro-ject 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 and/or structures erected after the cut-off date will not be compensated. Such properties shall be removed by their owners.

6. Compensation tariff?

Compensation tariff shall be established by the Provincial Compensation1 Resettlement Committee, that reflects the actual market prices of the locality, and approved by the provincial People's Committee.

All DPs 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.

7. In case ojhouses 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.

8. When DPs will receive the conzpensation and move ?

. DPs required to be resettled shall be compensated for land, houses, structures, trees, crops ... at least 3 months prior to land acquisition.

DPs 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.

DPs with affected trees, crops only shall be compensated at least 1 month prior to construction.

9. Are there other entitlen7ents apart .from compensation ,for DPs required to be resettled ?

Yes. Apart from compensation for land and other properties, DPs required to be resettled shall enjoy the transport allowance, livelihood assistance ... All allowances, supports. will be clearly defined in the RP.

-- - . - - -- - - _ . .~__. .. . -. - -- - . _ . (3 Power Engineering 8 Consulting Joint Stock Company No.3 Appendix 7- 2 \

TD? Project - Crrdit 4 107-VS Resettlement Thuan An 230il 1 OkV Substatioi~ Plan

--

10. In case DPs arc paid 11,it11 pai.ts ofcon71~ensation a~ id other allo~z~ances but already c~skcd to move or clcu~. the gr-ound ?

DPs only hand-over their land or clear their ground when already received full compensation and other entitlements.

11. When receiving compensation, DPs may be asked to contribtrte a certain amount to a certain or.ganization or a certain amount withhelcl by the Compensation Committee P

Nobody is authorized to collect or withhold any amount from DPs' compensation and other entitlements.

If such is the case, DPs have to report immediately to district compensation committee, PMU or local authorities for settlement.

12. Who will inform DPs 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 DPs' entitlements, RP, compensation policy and tariff, time-schedule for payment of compensation, land acquisition, ground- clearance and construction.

13. In case DPs 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 DPs 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 DPs 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 contpensation ?

An internal monitoring unit will be set up within the PMU to carry out the internal monitoring of RP, and

An independent external monitoring agency will be contracted by PMU to carry out the external monitoring of RP.

15. DPs ' 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 ...;

- - - - - - -~ _- Power Engineering & Consulting Joint Stock Company N O . ~ Appendix 7- 3

TD2 Project - Credit 4 107-VS Resettlement Thuan An 920/1 1 OkV Substation

--

Plan -

. Read and thoroughly understand all related forms i.e. socio-economic survey. Dl4S. 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 DPs wit17 any related query and at any time can approach the .follo~1ing institulions :

The South Electricity Project Management Board

District/provincial CRCs

Transmission Company No.4

01, Tran Hung Dao, Ho Chi Minh City.

@ Power Engineering L Consulting Joint Stock Company No.3 Appendix 7- 4

I'D7 Project - Credit 41 07-VS Resettienlent Thuan Ar! l - ? O i l 1 OkV Substation Plan

--

Illustrations with brief esplanationslinstructions on safeguarding the power networks prevention of electricity related accidents.

- --- - - 3 Power Engineering 8 Consulting Joint Stock Company No.3 Append~x 7- 5

TD2 Prc~jec~ - Cscdit 4107-VS Resettlement

Thuan An 920kV Substation -- --

Plan

Appendix 8

Housing Categories (Vietnamese Construction Standards)

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


TD1. Projecr - Credit 4 107-VS Resenlement Thuan An 320'1 lOkV Substation -- -- Plan

Appendix 8 - Classification of Civil Structures

Quality of Structures Categov of IIouses and Grade of Structures Using Fire of Level of Power and

Period I,evel of Facilities Surfaces Finishes Water Supply Resistance

Cat. I more I or 11 with bed rooms, With high grade With high grade of than I00 dinning room, finish/ power and water

yrs. drawing room, decoration supply and kitchen and materials sanitation facilities attached bathrooms in the same level of the apartment

Cat. 2 50-100 111 with bed rooms, With a few With good power yrs. dinning room, finish/ and water supply

drawing room, Decoration and sanitation kitchen and materials facilities attached bathrooms in the same level of the apartment

Cat. 3 20 - 50 IV . with bed rooms, Average With power and yrs. drawing room water supply of

and kitchen in medium materials the same level of the apartment . shared bathroom which may be in other level

Cat. 4 Less than V . with shared 1-2 Masonry . 20 yrs. room(s)

shared kitchen and bathroom

electricity for light only

water supply to kitchen and shared bathroom low grade materials

Temporary There is no official specification for 'temporary' structures/houses. However, it is understood that house/stmctures 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 tempo~ary housing.

Power Engineering & Consulting Joint Stock Company No.3 Appendix 8 -1

TD2 Projecl - Credit 4107-VS Kesettle~nent Thuan An 2-30kV Substation - Plan -

Appendix 9

Socio-economic Household Data Sheet of DPs

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


l'112 Project - Crcdit 4 107-VN li~.selllcmcnl I'huan An 22011 lOkV Substation Plan

- - - - - - - -

Province: Binh Duong District: Thuan An Commune: Binh IIoa

Malee of Iicad of Iiouschold Occupation and 1 I 'gC 1 1 sourccs o i Incomc

Dinh Iloa commune NGUYEN THI DO

Dinh Hoa commune TKAN TI-IANH TONG + TKAN THANH LIEM

--

05 Binh tIoa commune LY VAN DUC

Estimated 'I'otnl Incomc pcr month

(VN I))

06 Binh Hoa commune PI-IAN VAN HA1 ( CON PHAN VAN DO)

Uinh Hoa commune DO VAN KEO

13inh Iloa commune VAN VAN DONG

Female

Male

Male

Female

Male

I I I I i 1 10 KV 1,INE FIZOM T- 73A 'I'O T73-2A 1 1 I 1

Male

Male

Male

- - - - - - - - -

09 1 Uinh Hoa commune NGUYEN 'II-I1 THAO

Uinh fIoa commune TIIUONG VAN NGHIA

-7 Binh I loa commune LAM VAN QUEN

~ i L 3 i n h Hoa commune TKAN VAN CHLJNG

I -~d llinh Ilaa commune 1 PHAN VAN HA1

48

38

37

84

58

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

I'owcr Enginccring & Consulting Joint Stock Company No.3 Annrnrliu 9- 1

36

65

40

14 / Blnh Iloa commune

Binh IIoa co~nlnune

16 Rinh tIoa commune -- El=

17 LBinh lloa commune - -

High school

High school

High school

Secondary1

High school

Male

Male

Male

Male

Male

Farm

Farm

Farm

Mouse

Farm

Elementary

High school

Secondary1

-

Elementary

Secondary1

High school

High school

Secondary1

57

44

54

67

36

VAN VAN DONG

LY VAN DUC

NGUYEN THI DO

PIIAM VAN DO

Farm

Farm

Motorbike taxi

Farm

Farm

Farm

Special support

Farm

Male

Male

Female Male

1,000,000 --

1,200,000 ~

3,000,000 -- -- - - -- .. -- .

2,600,000 -. -.---,->-

2,000,000

52

53

48

47

Secondary1

Elementary

Secondary1

Elementary

Farm

Farm

Farm

]:arm

1,500,000

2,000,000

1,500,000

I,OOO,OOO - -- - - - -- - -

'1'117 Project - Crcdit 4 107-VN 'l'huan An 22011 l OkV Substation

Female 84 Secondary1 Farm 6,000,000 - -

Female 45 Secondary1 Farm 1,200,000 -- -- -- -

220 KV LINE FROM T- 101-1 TO 1'101-3

1 1 10 KV IJNE FROM 1'- 75 '1'0 '1'75-2 . ~

18 1 Ilinh I Ioa commune 1 LUU SUU TRONG NGi-IIEM

commune VAN THI DUNG Female 40 Secondary1 Farm 2,500.000 - --

Binh I loa commune NGUYEN VAN TIU Male 42 Elementary Farm 1,500,000 -- --

commune ITRAY Ti l l "l Female 44 Elementary Farm 1,500,000

commune LAM VAN QUEN Male 46 Elementary Farm 1,400,000 -

Binh tloa commune VO THI SAU Female 84 Secondary1 Farm 6,000,000 I- ---- ----I

Male

(4) Power Engineering & Consulting Joint Stock Company No.3 Appendix 9- 2

2 9 I3inh 1 Ioa commune -

Binh Hoa commune NGUYEN THI PHUNG : y 1-1 DUONG .IXI NGOC - 2-+--~ --

I Binh IIoa commune NGUYEN VAN THANH

38

UBND XA VO VAN HA1

NGUYEN THI THANH LIEN

27

28

Binh I loa commune

Binh Hoa commune

Female

Female

Male

Secondary1

Male

Female

220 KV IJINE FROM '1'- 102-1 TO 1'1 02-3 --

Farm 2,000,000

- 29 / Ilinh 1 Ioa commune

52

49

48

42

50

-

UBND XA

Secondary1

Secondary1

Secondary1

-

Elementary

Secondary1

Farm

Farm

Farm

Farm

Farm

2,000,000

1,500,000

3,000,000 --.. .~ .. .

.- -- - -

1,500,000 --

2,000,000 -

TDZ k'rojcc~ - Credit 4107-VS Resettlement

Thuan An 220kV Substation - -- - -- Plan

Appendix 10


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


TD2 Project - Credit 4 107-VN Tliuan An 21011 10kV Substatio~~

Resettlement Plan

Land to be acquired in m2 by 1 Land were 1 LOSS of 1 / Loss of House in m2 by I - / reduced , Structur

Type Category i value 1 e l

Loss of Crops

I I I V, 1 P) I No. Of

Total V) I I

Name of Head of Household , persons in landholding of n 3 - Cat. Area of 1 HI1 HI1 in rn2 C - 'Tern residential

I 0 - u 0 o* 0 a J * P) 3 P) J b~ =

n n n 3 n

Y'

I SUBSTATION - -

6 4,752 3,709 ' 78 01 NGUYEN THI DO

O2 -

03

04

05

07

08

T ~ N THANH TONG + TRAN THANH LIEM)

8 -

NGUYEN VAN LY 5

VOTHI SAU 7

LY VAN DUC 4

5,476 -

1,900

48,405

3,940

1 4 6,596 -- I 1 1 2 / 8 0 4 ---.

1T-7--- VO TI I1 SAL 1 1 3 I 1 . 1 ~ 1 , 1 I

' 1 10 KV I,I'!E TROW T- 72 TO T72-1 I I I I I I L- - --- - -- - 1 1 1 : I 1 1-- I I --

Po\\fer Engiritcririg 6: Consult~rig J o ~ n t Stock Cornpal~y Y O . ~ Append I \ 10 - 1

PHAN VAN HA1 ( CON PHAN VAK DO) 1 5 1 5,800

DOVANKEO 9 457

VAN VAN DONG 4 1,780

1,571

246

80 1

61 7

1,714

228

266

345

- 266

266

2,600

1,000

8,000

2,500

5,800

WAY IN SUBSTATION

15,809

3,940

09

10

1 1

12

13

1,373

45 7

3 15

110 KV LINE FROM T- 73A T O T73-2A

400

NGUYEN THI THAO

TRUONG VAN NGHIA

LAM VAN QUEN

TRAN VAN CHmG

PHAN VAN HA1

6 0

30 ! 14

24

100 / I8

I

1

4

6

12

7

5

I

4,746

VAN VAN DONG

150

10

50

150

32

14

1 7 ~ 1 ( 1 ,639

I

I I I

1 5 0 50

100 5 0 150 I.

- 4

25 1

730 - - - -

408

373 5,5 10

4,993

5,493

4

33

31

756 1

5

450

2 1 1

I

I I l l 1,980

1,445

392

58 1

100

I

2

120

1 1

250

5 0 1

20

- 5

90

ppp

10

40 1 fl

7 0 1 I

70 loo

18

19

I 6 0

I

100

I 5 0

LUU SUU TRONG NGHIEM

VAN THI DUNG

4

4

200

I

20

2,l 19

2,645

1

-

I

NGUYEN VAN TRI i 4 1,695 j

17

2 1 TRAY THI UT - I 4 I 1,863 7-

LAV VAN QUEN

6

50

1 5 0 i !

4

2

10

35

50

180

2 r [

2

50

1 ( I 0

20

25

9

4

3

2

2

7

2

2

6

1,500 10

TD2 Project - Credit 4 107-VN Resettlement Thuan An 12011 10kV Substation

-. - - - . - --- -- -- Plan - - - - -- - - - --

I I I I I I

26 VOTHI SAL' 1 , / i l l I ! I - 1 27 B u l T H r L u A i i I 1 I I i i i

I 1 1

I I I I 1 I I 1 I i t i i I 1 l I / 220 K v LINE FROM T- 101-1 TO T101-3

I

I

28

30

3 1

Po\vel- Eng i r~cc r i~~g & Cor~sulting Joint Stock Company xo.3 Appendix 10 -2

VOTHI SAU 4 2,029

I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I

I 4 6 1 943 220 KV LINE FROM T- 102- I TO TI02-3 I

NGUYEN THI PHUNG I

4

J

29

3,3 73

I

UBNDXA I - , 10,254 254 1 i 1 8 840 1 I I

DUONG THI NGOC 1 4 1 4,193

319

220 1 4,208 4 32

1,921

1,737

57

41

NGUYEN VAN THANH 254

I 1 !

I 10

99

I

I 4,175

1

i

TD2 Prc!jec~ - Credil4107-VS Resettlement Thuan A n 1701;V Substation -- --

Plan

Appendix 1 1

Interests detail of Project Affected People

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

Power Engineering 8 Consulting Joint Stock Company 3

r - - z s g g B " $ ;

z 2.2 . : r 7 E 8 : : - F z

$ Z E Z 3 S P

- - -

.$ 8 5 e g 'g 2

-

-

-

.; 2 '

g

P

I g ,g $ E Z g g s g o g o g " $ g g . i $ $ g g E g g . i 2 s i 1

- $ 2

c . : ,.

.i - E.

:$

- .

E

y +

- U ;

.-

E 5 $

- "

z

.? YU

-2

.i

. =

.;

-

a s r

g -

E F '

.: 8

*

A

_ . .g

E

w

_I

;

g . : m u u -

- - w .-

-5s

g

:g - m c n m - u

.*

$

= a -

:g

a

. z B g g $ B g g g $ $ $ g s $ . z g

s

" ~ g

L

8

- .,-

.-4.- i: n a g s

z

.

- w =

S E

,.

g g

.- g

5

.

t

1

L

U

2

2, ; if

, 3 9 T

g $ g E

,$

... $

3 u - s

;. 7.7

2;

- b

: g ' 2 P

-

T A I I 1 1 . ~ ~ V A N QUFN 1 Rtcc lmd 1 nlil I 1(Ki u l 0 ( 24U.1UIl.lXnl 1 2JU 3Ol1,UOO 1 I 1 1 I

7.415 1.Y V A N I I l l C Klcr land 166 1 W . W 7Y.8W.000 7YBl.VOfl Rlu PmJ 3 7 3 YU.WO 33.570 UOO

I I I I I I I I I R ~ L L ( 1.571 I > C , l ' , . 1 : !::!s:,L8 Truns?nrt dI.,wd::~c

I I I i . 3 , ~ ~I,~\$,, , ,LL I 1 I A l l u r \ m ~ r . lo: ih8~g111g

I

R l i c 2 i 6 2 0011 l ~ ~ l . U 1 0 Tr rn r r ru l ullch\xncr

l.,k n l lonmcc

Alloxwncc lor shaqlnp ossupllon

J y 2 UfIfl Al i l \ rancc lor uansrntng ur.e,1\ rut< ,~rplulcic Allnauncc lo, Eonnecllng to

1S.WKI 2 . 2 5 0 , m

Pornolo 2W,UU(I 21IU.lKXI

swpr o n e r.wo I j u , u n ~

Allol%uncc lor ~mpmvmg house

ocl;i!p,lon

J,272,W0 Allnnance lor lmn.ponlng F\"EIIP ,.IU *( pmlccf

Nlonnnce lor camee!lr. lo

I I I I I I I I Rice I 6?Y 1 2.OW 11.27X.OIXI

I T r a n r p n u l l c n \ a n r ~

I I I ~ d i . olioaanu; I I I Allo\vancc lor chaq~np

Allusuncc lor improvmng hauc IB II'3.W 41.16U.COU

1 rti>spn allo\\uncc

l.11'~ ulloeuner

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