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NATIONAL POWER TRANMISSION CORPORATION
Northern Power Projects Management Board
-------------------------------
RESETTLEMENT PLAN
(RP)
SUBPROJECT:
HOA BINH - TAY HA NOI 220KV TRANMISSION LINE
PREPARED BY: INSTITUTE OF ENERGY
Ha Noi, February 2014
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RP1560 V5 REV
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TABLE OF CONTENTS
1. INTRODUCTION ........................................................................................................... 11
1.1 Transmission Efficiency Project (TEP) ...................................................................... 11
1.2 The sub-project Hoa Binh – Tay Ha Noi 220kV transmission line ............................ 12
1.3 Objective of the Resettlement Plan ............................................................................. 14
2. LEVEL OF IMPACTS OF THE SUBPROJECT ........................................................... 15
2.1 Determination of the subproject's impacts .................................................................. 15
2.1.1 Determination of the subproject's impacts ........................................................ 15
2.1.2 Determination of affected people (AP) by the subproject ................................. 15
2.2 Types of the subproject impacts ................................................................................. 17
2.2.1 Permanently Affected Productive Land ............................................................. 18
2.2.2 Temporarily Affected Productive Land ............................................................. 18
2.2.3 Affected Trees, Crops and Livestocks ............................................................... 20
2.2.4 Temporary impacts on houses and structures: ................................................. 21
3. FRAMEWORK AND ENTITLEMENT ......................................................................... 21
3.1 Framework .................................................................................................................. 21
3.1.1 The Legal Framework of the Government of Vietnam ...................................... 22
3.1.2 World Bank Policy on Involuntary Resettlement (OP/BP 4.12) ....................... 23
3.1.3 Comparison between Government of Vietnam and World Bank Approaches . 23
3.1.4 Compatibility of the Government and the WB Approaches and Require
Wavers: 25
3.2 Compensation Policy .................................................................................................. 25
3.2.1 Genaral Principles ............................................................................................. 25
3.2.2 Policies on compensation, assistance and resettlement applied to the
subproject ........................................................................................................................ 27
4. COMPENSATION, ASSISTANCE AND RESETTLEMENT ...................................... 32
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4.1 Compensation ............................................................................................................. 32
Compensation unit prices for trees and crops .................................................................. 35
4.2 Assistance ................................................................................................................... 36
4.2.1 Assistanceunit price for improvement and grounding for houses/structures ... 36
4.2.2 Assistance unit price for land in the route’s corridor ........................................ 36
4.2.3 Assistance unit price for houses in the route’s corridor ................................... 37
4.2.4 Rehabilitation .................................................................................................... 38
5. PUBLIC CONSULTATION AND PEOPLE’S PARTICIPATION ............................... 38
5.1 Public consultation and people’s participation ........................................................... 38
5.1.1 Public consultation ............................................................................................ 38
5.1.2 Synthesis of community consultation ............................................................... 38
5.2 Disclosure ................................................................................................................... 41
5.3 Grievance redress administrative ................................................................................ 41
6. SUPERVISION, MONITORING AND VALUATION ................................................. 42
6.1 Internal monitoring and supervision ........................................................................... 42
6.2 Independent monitoring .............................................................................................. 44
6.3 Reporting condition .................................................................................................... 44
7. IMPLEMENTATION SCHEDULE ............................................................................... 45
7.1 Implementation responsibility .................................................................................... 45
7.2 Implementation Schedule ........................................................................................... 48
8. COSTS ............................................................................................................................. 48
8.1 Basis of cost calculations ............................................................................................ 48
8.2 Replacement Cost Survey ........................................................................................... 49
8.3 Cost estimation for implementation of RP ................................................................. 49
Total compensation and support cost (VND) ....................................................................... 52
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Land compensation cost for foundation ............................................................................... 53
Assitance cost for houses under transmission line ............................................................... 57
Appendices ............................................................................................................................ 58
Allowances: ....................................................................................................................... 5
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ABBREVIATION AND DEFINITION
CPC Commune People’s Committee
TEP Transmission Efficient Project
ECOP Environmental Code of Practice
EIA Environmental Impact Assessment
EMF Electromagnetic Field
EMP Environmental Management Plan
EVN Electricity of Vietnam
GOV Government of Vietnam
HH Household
MOIT Ministry of Industry and Trade
MONRE Ministry of Natural Resources and Environment
MV Medium Voltage
NPT National Power Transmision Corporation
PAH Project Affected Household
PCBs Polychlorinated Biphenyls
NPPMB Northern Power Projects Management Board (under the NPT)
PPC Provincial People’s Committee
WB World Bank
CSC Construction supervision Consultant
CDD Community Driven Development
DP Displaced Person
DPC District People’s Committee
ERAV Electricity Regulatory Authority of Vietnam
GFU Grievance facilitation unit
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IA Implementing Agency
NGO Non-governmental Organization
OP Operation Policy
RP Resettlement Plan
RPF Resettlement Policy Framework
Temporarily affected land: land in ROW of high voltage transmission line (according to
Decree No.81/2009/ND-CP dated Oct. 12, 2009) will be restricted usability, and also affected
during construction by stretching the line.
Temporarily affected houses/structures: houses/structures in ROW of high voltage
transmission line (according to Decree No.81/2009/ND-CP dated Oct. 12, 2009) will be
restricted usability, andand owners' daily activities are also affected.
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LIST OF TABLES
Table 3.1.Differences between National Laws and the World Bank Policy and the TEP Policy24
Table4.4.Assistance unit price for improvement and grounding .............................................. 36
Table4.5.Assistance unit price for land in the route’s corridor ................................................. 36
Table4.6.Assistance unit price for houses in the route’s corridor ............................................. 37
Table 5.1 Public consultation .................................................................................................... 39
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GLOSSARY
Census and Inventory If the project needs to change the land use or to acquire land for
project purposes, a Census of people that will be affected and an Inventory of affected assets
will be undertaken based on the technical design of the project. The Census will include key
socioeconomic information of the project affected persons (DPs), such as main occupations,
sources of income, and levels of income in order to be able to determine vulnerable
households as well as to establish baseline data for monitoring livelihood restoration of the
DPs. The Inventory will include a detailed description of all affected lands, trees, structures,
to be acquired permanently or temporarily in order to complete the Project; the names of the
persons entitled to compensation (from the census); and the estimated full replacement costs,
etc.
Compensation (in cash or in kind) for loss of assets and rehabilitation measures to restore
and improve incomes will be determined in consultation with the DPs. Compensation for loss
of assets will be at replacement costs.
Cut-off-date is the date of completion of the inventory of losses during preparation of the
Resettlement Plan (RP). Project affected households and local communities will be informed
of the cut-off date for each project, and that anyone moving into the Project Area after that
date will not be entitled to compensation and assistance under the Project.
Eligibility is the criteria to receive benefits under the resettlement program. This
Resettlement Policy Framework (RPF) will provide general guidance on this but the
eligibility criteria will not be definitively confirmed until the development of the RP.
Productive land refers to the various sub-categories of land that are used for agricultural
purpose (as opposed to land for residential purpose), including agricultural, forestry, garden,
aquaculture and pond land. N.B. Loss of land on which businesses are located is covered
under the ‘relocation of business’ section of the entitlement matrix.
Replacement Cost. is the concept used to calculate the compensation amount for an asset and
involves using current market value plus the transaction costs which may include taxes, fees,
transportation, labor, etc. (OP 4.12, footnote 11).
Resettlement. This RPF, in accordance with the World Bank’s Operational Policy on
Involuntary Resettlement (OP 4.12), covers the involuntary taking of land that results in (i)
relocation or loss of shelter, (ii) loss of assets or access to assets; or (iii) loss of income
sources or means of livelihood, whether or not the affected persons must move to another
location.
Livelihood (income) restoration Livelihoods restoration refers to that compensation for
PAPs who suffers loss of income sources or means of livelihoods to restore their income and
living standards to the pre- displacement levels.
Right of Way. For this Policy Framework, Right of Way (ROW) is determined as a safety
corridor along a power line or substation with width, length and height specified in the Decree
106/2005/ND-CP (dated August 17th
, 2005 guiding the implementation of a number of articles
under the Electricity Law regarding safety protection of high-voltage power grid) and Decree
81/2009/ND-CP (dated on 12th
October 2009, amending or supplementing a number of articles
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of the Government’s Decree No. 106/205/ND-CP).
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 household as identified by regulations of Government of Vietnam.
b) Ethnic minority household (Ethnic Minority Planning Framework).
c) Household covered by Decree 67/2007/ND-CP of April 13th
, 2007 on support policies
for social protection beneficiaries and Decree 13/2010/ND-CP of February 27th
, 2010
amending and supplementing a number of articles of the Government's Decree No.
67/2007/ND-CP.
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SUMMARY
Sub-project Hoa Binh - Tay Ha Noi 220kV Tranmission line is under the Tranmission
Efficiency Project (TEP). The sub-project will tranverse 12 wards/ communes/ towns (Tan
Thinh town, Huu Nghi, Hoa Binh, Tan Hoa, Yen Mong, Ky Son, Dan Ha, Mong Hoa, Dan
Hoa Commune, Lam Son, Luong Son, Hoa Son) of 03 districts/ cities (Hoa Binh, Ky Son,
Luong Son) at Hoa Binh province and 04 communes (Dong Yen, Can Huu, Thach Than,
Dong Quang) of 01 district (Quoc Oai)- Hanoi city.
The subproject comprises of 01 component: Construction of 50.6km of Hoa Binh - Tay Ha
Noi 220kV Tranmission line
Hoa Binh - Tay Ha Noi 220kV Tranmission line tranverses 16 wards/ communes/ towns of 4
districts at 2 provinces: Hoa Binh and Ha noi city, specifically:
Hoa Binh Province:
Wards: Tan Thinh, Huu Nghi, Tan Hoa; Communes: Hoa Binh, Yen Mong–Hoa Binh city;
Town: Ky Son; Communes: Dan Ha, Mong Hoa, Dan Hoa Commune –Ky Son district;
Communes: Lam Son, Luong Son, Hoa Son –Luong Son district.
Ha Noi city:
Communes: Dong Yen, Can Huu, Thach Than, Dong Quang–Quoc Oai district.
Sub-project’s construction is expected to happen to occur within 12 months (excluding
clearance and compensation time) since the beginning of construction. Construction is
expected to start at the first quarter of 2015.
The subproject will impact to 423 households (2.538 persons). The land area of households to
be acquired permanently is from 1.25% to 12.8% of their total land holdings, specifically:
Number of DPs with less than 20%
of productive land permanently acquired: 44 households (264 persons)
Number of DPs with crops permanently affected: 44 households (264 persons)
Number of DPs with perennial trees permanently affected: 104 households (624 persons)
Number of DPs with productive land temporarily affected: 133 households (798 persons)
Number of DPs with crops temporarily affected: 290 households (1740 persons)
Permanently Impacts
No Locality Area (m2) Land type (m2)
Rice Perennial Pond
I Hoa Binh province 17956,1 1071 16885,1 0
1 Hoa Binh town 5046 0 5046 0
Tan Thinh precinct 488 0 488 0
Huu Nghi precinct 1245,2 0 1245,2 0
Hoa Binh commune 353,6 0 353,6 0
Tan Hoa precinct 1503,6 0 1503,6 0
Yen Mong commune 1455,6 0 1455,6 0
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No Locality Area (m2) Land type (m2)
Rice Perennial Pond
2 Ky Son district 5417,8 802 4615,8 0
Ky Son town 361 361 0 0
Dan Ha commune 2159 441 1718 0
Mong Hoa commune 1101 0 1101 0
Dan Hoa commune 1796,8 0 1796,8 0
3 Luong Son district 7492,3 269 7223,3 0
Lam Son commune 2481 0 2481 0
Luong Son town 695,8 0 695,8 0
Hoa Son commune 4315,5 269 4046,5 0
II Hanoi City 5000,4 2547,7 1673,7 779
1 Quoc Oai district 5000,4 2547,7 1673,7 779
Dong Yen commune 2276,1 858,7 638,4 779
Can Huu commune 1397 857 540 0
Thach Han commune 588 392 196 0
Dong Quang commune 739,3 440 299,3 0
Total 22956,5 3618,7 18558,8 779
Temporary Impacts
N
o. Locality
Land type (m2)
Rice
Cit
ron
ella
Perenial Pond River Hous
ehold
Annual
plant
I
Hoa Binh
province 26708 550 819152,7 0 30382 3644 1240
1 Hoa Binh town 0 0 198448,6 0 0 997 115
Tan Thinh precinct 0 16754,2 0 0 377 115
Huu Nghi precinct 0 38330,6 0 0 110 0
Hoa Binh commune 0 16082,4 0 0 196 0
Tan Hoa precinct 0 55797,4 0 0 262 0
Yen Mong
commune 0 71484 0 0 52 0
2 Ky Son district 26708 0 260693,4 0 16962 608 0
Ky Son town 2156 15523 0 13266 0 0
Dan Ha commune 11924 92187 0 2134 12 0
Mong Hoa
commune 12628 44142,8 0 1562 272 0
Dan Hoa commune 0 108840,6 0 0 324 0
3 Luong Son district 0 550 360010,7 0 13420 2039 1125
Lam Son commune 0 380 140017,4 0 0 0 225
Luong Son town 0 54510,2 0 0 150 150
Hoa Son commune 0 170 165483,1 0 13420 1889 750
II Hanoi City 173028,8 102 2244 61874,6 0 367 30
1 Quoc Oai district 173028,8 102 2244 61874,6 0 367 30
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N
o. Locality
Land type (m2)
Rice
Cit
ron
ella
Perenial Pond River Hous
ehold
Annual
plant
Dong Yen
commune 58740,5 80 2244 41162 0 367 0
Can Huu commune 54283,2 22 0 15855 0 0 0
Thach Han
commune 35584,4 0 4087,6 0 0 0
Dong Quang
commune 24420,7 0 770 0 0 30
Total 199736,8 652 821396,7 61874,6 30382 4011 1270
Note: Those data has been collected since November 2013 which may change in the future.
RP of sub-project Hoa Binh - Tay Ha Noi 220kV Tranmission line is prepared on the basis of
the Involuntary Resettlement Policy (OP 4.12) of the World Bank and the Resettlement
Policy frameworkwork that has been approved for the Tranmission Efficiency Project.
The compensation and assistance for affected households are expected to start fromQuarter
IV of 2013. The estimated cost for the implementation of Resettlement Plan
is22.337.222.683VNĐ(to be updated when the sub-Project is implemented to ensure the
principle of compensation at adequate cost). Fund for the implementation of RP will be
provided by counterpart: Vietnam Electricity.
INTRODUCTION
1.1 Transmission Efficiency Project (TEP)
1. The National Power Transmission Cooperation (NPT) is developing Efficient
Transmission Project (TEP) with funding from the World Bank (WB). The Project
Development Objective (PDO) for TEP is to support the implementation of an investment
programs to increase capacity of Vietnam’s electricity transmission grid, improve efficiency
and reliability of electricity services and strengthen the institutional capacity of the National
Power Transmission Corporation. The direct beneficiary of the project would be Vietnam’s
electricity transmission company NPT. Indirect beneficiaries would include all segments of
population. They would benefit from: (i) Improved reliability, which will reduce unserved
demand and the number and duration of power outages; and (ii) Increased energy efficiency,
which will reduce overall costs and GHG emissions. The project would also bring direct
temporary benefits for skilled and unskilled workers that would be employed for the
construction of the project.
2. The proposed project is comprised of the following three components: (i) The
Transmission Infrastructure Component; (ii) The Smart Grid Component; and (iii) The
Capacity Building and Institutional Strengthening Component.
(a) The Transmission Infrastructure Componentwill finance transmission lines and
substations at voltage levels of 220kV and 500kV. The investments will target three areas
that are key to the overall economic development of Vietnam, namely the Greater Hanoi
Area, the Greater Ho Chi Minh City Area and the Mekong Delta. Investments at the 500kV
level will help increase the transport capacity of the main 500kV trunk system while
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increasing its reliability. Investments at the 220kV level are aimed at increasing the capacity
of the supply points to the distribution utilities and improve the reliability of the network that
serves these points.
(b) The Smart Grid Component will support modernization of monitoring, control,
and protection equipment in 500kV and 220kV substations to improve the reliability of the
interconnected power system as a whole and of some bulk-supply points in the distribution
network. Today, 60 percent of the faults in substations are a consequence of faulty operations
of monitoring, control, and protection equipment. Aided by monitoring and control gear,
protection equipment: (i) detects - among other things - the locations and intensity of faults
and, based on such information, determines what equipment should be disconnected to
protect the system from damage; and (ii) decides when disconnected equipment should be
reconnected to ensure that interruptions in the provision of electricity services are minimized.
(c) The Capacity Building and Institutional Strengthening Component will contribute to
the gradual development of NPT to become an independent transmission company with
revenues from the application of cost-of-service regulation in the transmission sector. The
steps to be supported in this operation include the definition of technical and financial
performance indicators, the introduction of enterprise asset management systems and
strategies.
3. Component 1 and Component 2 will be implemented by three management boards of
NPT, Component 3 and a part of the component 2 will be implemented by NPT and ERAV.
4. To implement sub-projects components, land acquisition will be required. However, land
acquisition and resettlment aren’t required in component 2 – Smart Grid Development and
component 3 – capacity improvement and system reinforcement. In this subproject, land
acquisition is required only under sub-projects in component 1.
1.2 The sub-project Hoa Binh – Tay Ha Noi 220kV transmission line
The sub-projectHoa Binh - Tay Ha Noi 220kV transmission linewill tranverse 16 communes/
wards of 04 districts/ cities of Hoa Binh Province và Ha Noi city. (please refer to Appendix 1:
Sub-project Areas).
Sub-project will help to transmit electricity from Hoa Binh Hydroelectric Power Station into
National Grid with the aims of:
- Providing electricity safely and efficiently in the West of Ha Noi, including Son
Tay town and 6 Northern districts along National Highway 6: Ba Vi, Phuc Tho,
Dan Phuong, Hoai Duc, Thach That, Quoc Oai. This is important sub-loading area
of which economic and social development is growing fast at Ha noi capital.
- Reducing loading for 220kV transmission line from Hoa Binh to Ha Dong, Xuan
Mai;
- Contributing to increase stability of power supply to transmission system at Ha
noi and other areas to ensure the stable operation of National Electric System.
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Figure 1: The Hoa Binh - Tay Ha Noi transmission line location
Sub-project comprises of 01 component: Construction of 50.6km of Hoa Binh - Tay Ha Noi
220kV Tranmission line
Table 1.1: List of line length
No. Locality Length (m) Tower
I Hoa Binh province 39.782,7 95
1 Hoa Binh town 9.728,8 25
1.1 Tan Thinh ward 766,7 2
1.2 Huu Nghi ward 1.988,2 6
1.3 Hoa Binh commune 820,0 2
1.4 Tan Hoa ward 2.628,3 6
1.5 Yen Mong commune 3.525,6 9
2 Ky Son district 13.471,9 31
2.1 Ky Son town 623,2 1
2.2 Dan Ha commune 4.644,2 13
2.3 Mong Hoa commune 3.171,9 6
2.4 Dan Hoa commune 5.032,6 11
3 Luong Son district 16.582,0 39
3.1 Lam Son commune 5.984,2 13
3.2 Luong Son town 2.876,1 7
3.3 Hoa Son commune 7.721,7 19
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II Hanoi City 10.759,0 34
1 Quoc Oai district 10.759,0 34
1.1 Dong Yen commune 4.718,2 14
1.2 Can Huu commune 3.299,0 10
1.3 Thach Han commune 1.615,0 6
1.4 Dong Quang commune 1.126,8 4
Total 50.541,7 129
The Sub-project Hoa Binh - Tay Ha Noi 220kV Tranmission line is implemented on the basis
of following technical specifications:
- Voltage: 220kV
- Number of chains: 2 chains, 4 chains
- Length of tranmission line: 50.6km
- Location of tranmission line: at Hoa Binh city, Ky Son district, Luong Son
district, Hoa Binh Province; Quoc Oai district at Ha Noi city.
- Conductor: phased cable ACSR - 2 x 330/43; using double phased aluminium
alloy steel-cored cable AACSR - 2 x 380/50 across Da River
- Lightning resistant cable: 2 lightning resistant cables: normal lightning resistant
cable PHLOX 116 and opital fibre cable OPGW 120, 24 fibre optics; using 01 more lightning
resistant cable PHLOX 116 within 3km from SPP Hoa Binh front line.
- Insulation: using suspending insulator with resonable load, made of pottery, glass
or composite; number of insulation bowl is determined depending on the length of insulation
distance: 25mm, 20mm/kV at contaminated area. Technical specification should be adequate
to type of insulartors U70B, U120B, U160B, U210B, U300B in line with IEC standards.
- Pivotal: Pyramidal pivotal with 4 chains and 2 free vertical chains made of
galvanized steel; using 72m pivotal across Da River.
- Foundation: using pier foundation, steel-enforced concrete slab foundation made
on site; using slab foundation across the river;
- Ground (elec) : in ray forms, galvanized steel
- Vibration damping for conductor and lightning resistant cable
1.3 Objective of the Resettlement Plan
The Resettlement Plan is established for the following objectives:
- Involuntary resettlement must be avoided where possible, or be reduce to the lowest
possible extent by selecting appropriate design options.
- Where involuntary resettlement is unavoidable, the resettlement activities must be
prepared and executed with sustainable development programs and sufficiently provided
investment supports, enabling displaced people to benefit from the subproject. The displaced
people will be fully consulted and allowed to participate in preparatory and implementing
activities of Resettlement Plan.
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- APs must be supported in terms of their capacity to improve their living conditions
and to rehabilitate their living standards higher than or at least equal to that before
constructing the subproject..
LEVEL OF IMPACTS OF THE SUBPROJECT
1.4 Determination of the subproject's impacts
1.4.1 Determination of the subproject's impacts
Hoa Binh - Tay Ha Noi 220kV Tranmission line lengthens 50.6km. Front line is
220kV busbar of 220kV switchyard Hoa Binh; end line is 220kV busbar of Tay Ha Noi
substation. That line tranverses 16 communes/ wards of 04 districts/ cities of Hoa Binh
ProvinceandHa Noi city.
Economic and livelihood conditions are quite diversified along ROW. Most of them do
agricultural production, small businesses, plant forest, fruit trees and do other handicrafs.
Project’s locations are not close to or at the environmental sensitive areas such as cultural
herigtage; reservation zone or its buffer; inundation territory; forest, outfall…Therefore, Sub-
project implementation won’t influence on the environmental sensitive areas.
Some other impacts of Sub-project are identified and assessed as follow:
a) Impacts on cross infrastructure:Location of transmission line will affect some
infrastructures, houses, local fields and gardens. However, at the crosses, solutions will be
implemented to ensure the safety and minimize the losses to people under ROW.
b) Impacts on land acquisition:total permanently acquisited land area of the Sub-project is
22.956,5 m2, however, the individually acquisited land area at one pivotal is very low - 178
m2/pivotal on average. Hence, the economic and social impacts due to project’s compensation
and land acquisition are not considerable because the ratio of permanent acquisited land area
at each pivotal to productive land area is very low. Within Project’s scope, no household is
required to resettle due to Project’s land occupation.
This sub-project’s affected area include only:
Tower foundation construction area
Area surrounding Tower foundation during construction period; temporarily affected
area during pulling the line – about 22m width on average – only applicable to
seasonal farming land. Those temporary impacts may occur from one to two months.
It is not necessary to acquire land temporarily for construction space due to the use of
available roads, alleys, paths and security corridor during construction period.
1.4.2 Determination of affected people (AP) by the subproject
Affected people are:
Persons whose productive land is affected in part or in total (permanently or
temporarily) by the sub-project;
Persons whose trees and/or crops are affected in part or in total (permanently or
temporarily) by the sub-project.
According to the survey report of invesment project preparation stage, there is no house or
buidling affected or need to be reallocated due to the subproject's activities. Most of the
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affected land is agriculture and perenial-land.
Summary Results are shown in the following tables:
Table 2.1: Affected households
SNo.
Classification
Household
People
1 Permanent affected land (for foundation)
Land loss < 20% total cultivation area 44 264
Rice-land 44 264
Perenial-land 104 624
Residential land 0 0
Total 148 888
2 Temporary affected land
Cultivation land 133 798
Rice-land 290 1.740
R Residential land 0 0
Total 423 2.538
Note:One household may fall into more than one impact category.
Table 2.2:Number of DPs by locations
No. Locality Permanent affected Temporary affected
household people household people
I Hoa Binh province 98 588 192 1152
1 Hoa Binh town 25 150 46 276
Tan Thinh ward 2 12 10 60
Huu Nghi ward 6 36 6 36
Hoa Binh commune 2 12 9 54
Tan Hoa ward 6 36 11 66
Yen Mong commune 9 54 10 60
2 Ky Son district 33 198 69 414
Ky Son town 2 12 5 30
Dan Ha commune 14 84 29 174
Mong Hoa commune 6 36 22 132
Dan Hoa commune 11 66 13 78
3 Luong Son district 40 240 77 462
Lam Son commune 13 78 16 96
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No. Locality Permanent affected Temporary affected
household people household people
Luong Son town 7 42 10 60
Hoa Son commune 20 120 51 306
II Hanoi City 50 258 231 1386
1 Quoc Oai district 50 258 231 1386
Dong Yen commune 18 108 162 972
Can Huu commune 15 90 15 90
Thach Han commune 10 60 54 324
Dong Quang commune 7 42 36 216
Total 148 846 423 2538
Note:This surveying data was collected in 10/2012. Those data will be updated through
detailed measure and inventory after setting out;
Table 2.3:Number of DPs by Impacted Categories
No. Type of affection Household People
11 Temporary affection of cultivated land 133 798
22 Temporary affection of garden 290 1.740
33 Permanent affection due to foundation 148 888
In short, the Hoa Binh - Tay Ha Noi transmission line will effect temporarily to 423
households. Also, 148 households (with about 888 inhabitants) will be effected permanently
due to the construction of tower foundation.
1.5 Types of the subproject impacts
The subproject can cause some impacts as:
Permanent impacts:
- Productive land acquisition for tower foundations.
- Cut down trees on permanently acquired land.
Temporary impacts:
- Restricting usability of land in the ROW for safety of the overhead line and
temporarily affected by construction activities.
- Improving and installing fireproof materials and lightning arrestors for all houses and
structures in the ROW to meet regulations in Decree No.106/2005/ND-CP and Decree
No.81/2009/ND-CP of the Government.
- Installing fireproof materials and lightning arrestors for all houses and structures in
earthing corridor to meet regulations in Circular No.03/TT-BCT dated Jan. 22, 2010 of
Ministry of Industry and Trade.
- Cut down trees, crops in the ROW for construction activities.
The subproject does not impact on public structures and business.
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1.5.1 Permanently Affected Productive Land
Table 2.4: Permanently Affected Productive Land Area (due to construction of foundation
pivotal)
No Locality Area (m2) Land type (m2)
Rice Perennial Pond
I Hoa Binh province 17956,1 1071 16885,1 0
1 Hoa Binh town 5046 0 5046 0
Tan Thinh ward 488 0 488 0
Huu Nghi ward 1245,2 0 1245,2 0
Hoa Binh commune 353,6 0 353,6 0
Tan Hoa ward 1503,6 0 1503,6 0
Yen Mong commune 1455,6 0 1455,6 0
2 Ky Son district 5417,8 802 4615,8 0
Ky Son town 361 361 0 0
Dan Ha commune 2159 441 1718 0
Mong Hoa commune 1101 0 1101 0
Dan Hoa commune 1796,8 0 1796,8 0
3 Luong Son district 7492,3 269 7223,3 0
Lam Son commune 2481 0 2481 0
Luong Son town 695,8 0 695,8 0
Hoa Son commune 4315,5 269 4046,5 0
II Hanoi City 5000,4 2547,7 1673,7 779
1 Quoc Oai district 5000,4 2547,7 1673,7 779
Dong Yen commune 2276,1 858,7 638,4 779
Can Huu commune 1397 857 540 0
Thach Han commune 588 392 196 0
Dong Quang commune 739,3 440 299,3 0
Total 22956,5 3618,7 18558,8 779
For construction of tower foundations, the subproject will permanently require 22956m2
land area of APs, including 3618.7 m2rice-farming land and 18558m
2of perennials.
According to the survey during investment project period, there is no residential land affected
permanently due to the subproject's activities.
1.5.2 Temporarily Affected Productive Land
Temporarily Affected Productive Land is defined as land area within ROW minus the
permanently affected productive land due to construction and tower foundation and state’s
land area
Table 2.5: Temporarily Affected Land Area
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No. Locality
Land type (m2)
Rice
Citro
nella
Perenni
al Pond River
House
hold
Annual
plant
I
Hoa Binh
province 26708 550 819152.7 0 30382 3644 1240
1 Hoa Binh town 0 0 198448.6 0 0 997 115
Tan Thinh ward 0 16754.2 0 0 377 115
Huu Nghi ward 0 38330.6 0 0 110 0
Hoa Binh
commune 0 16082.4 0 0 196 0
Tan Hoa ward 0 55797.4 0 0 262 0
Yen Mong
commune 0 71484 0 0 52 0
2 Ky Son district 26708 0 260693.4 0 16962 608 0
Ky Son town 2156 15523 0 13266 0 0
Dan Ha
commune 11924 92187 0 2134 12 0
Mong Hoa
commune 12628 44142.8 0 1562 272 0
Dan Hoa
commune 0 108840.6 0 0 324 0
3
Luong Son
district 0 550 360010.7 0 13420 2039 1125
Lam Son
commune 0 380 140017.4 0 0 0 225
Luong Son town 0 54510.2 0 0 150 150
Hoa Son
commune 0 170 165483.1 0 13420 1889 750
II Hanoi City 173028.8 102 2244 61874.6 0 367 30
1
Quoc Oai
district 173028 102 2244 61874.6 0 367 30
Dong Yen
commune 58740.5 80 2244 41162 0 367 0
Can Huu
commune 54283.2 22 0 15855 0 0 0
Thach Han
commune 35584.4 0 4087.6 0 0 0
Dong Quang
commune 24420.7 0 770 0 0 30
Total 199736 652 821396.7 61874.6 30382 4011 1270
Land in the ROW of the connection lines will be restricted usability and affected by
construction activities (called temporary impact). Total area of temporarily affected land is
199,736m2, including 821,396.7m
2 of perennials, 61,874.6m
2 of pond, 30382,m
2 of river and
approximately 6000m2 of other type of land such as citronella and annual plant land. There is
only 4011m2residential land affected temporarily due to the subproject.
Notes It is noted that there is no ‘temporary affected land during construction’ since certain
existing roads (earthen roads, macadam roads etc.) are defined to be used for ‘excess roads’ during the
construction period and/or later on, to be used as ‘excess roads’ for maintenance.
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1.5.3 Affected Trees, Crops and Livestocks
Table 2.6:Affected trees and crops due to foundation
No Locality Plant type
Rice (m2) Perennial (pcs)
I Hoa Binh province 1071 8444
1 Hoa Binh town 0 2524
Tan Thinh ward 0 244
Huu Nghi ward 0 623
Hoa Binh commune 0 177
Tan Hoa ward 0 752
Yen Mong commune 0 728
2 Ky Son district 802 2308
Ky Son town 361 0
Dan Ha commune 441 859
Mong Hoa commune 0 551
Dan Hoa commune 0 898
3 Luong Son district 269 3612
Lam Son commune 0 1241
Luong Son town 0 348
Hoa Son commune 269 2023
II Hanoi City 2547,7 837
1 Quoc Oai district 2547,7 837
Dong Yen commune 858,7 319
Can Huu commune 857 270
Thach Han commune 392 98
Dong Quang commune 440 150
Total 3618,7 9281
As is shown in the above table, the total number of rice cultivation land is 3618m2.
Additionally, there will be 9281 perennial tree will be cut down due to the construction of the
foundation. Yet, the tranmission line is located on the long area from Hoa Binh to Ha Noi and
thus, the effect on a specific area is quite small.
Table 2.7: Affected perennial trees and crops within ROW
No
. Locality
Plant type
Rice
(m2)
Citron
ella
(m2)
Perennial
(pcs)
Longan
(pcs)
Banan
a
(pcs)
I Hoa Binh province 26708 550 25037 1730 750
1 Hoa Binh town 0 0 7280 230 0
Tan Thinh ward 0 0 230 230
Huu Nghi ward 0 0 1250
Hoa Binh commune 0 0 750
Tan Hoa ward 0 0 1750
Yen Mong commune 0 0 3300
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2 Ky Son district 26708 0 9807 0 0
Ky Son town 2156 0 500
Dan Ha commune 11924 0 3607
Mong Hoa commune 12628 0 1800
Dan Hoa commune 0 0 3900
3 Luong Son district 0 550 7950 1500 750
Lam Son commune 0 380 5050 450
Luong Son town 0 0 200 300
Hoa Son commune 0 170 2700 1500
II Hanoi City
173028,
8 102 0 0 60
1 Quoc Oai district
173028,
8 102 0 0 60
Dong Yen commune 58740,5 80
Can Huu commune 54283,2 22
Thach Han commune 35584,4 0
Dong Quang
commune 24420,7 0 60
Total
199736,
8 652 25037 1730 810
Due to the construction activities, a specific amount of perennial trees and crop
cultivation will be affected as are mentioned above. These affected perennial trees and
crops within ROW belong to 423 households, thus, the level of impact for each hosehold is
slightly small.
1.5.4 Temporary impacts on houses and structures:
According to Decree No.106/2005/ND-CP dated Aug.17, 2005 and Decree
No.81/2009/ND-CP dated Oct.12, 2009, all houses and structures in the ROW of 220kV T/Ls
still exist if they meet safety conditions, whereby:
- House/structure with tile roof and brick wall is still existed.
- House/structure made by metal materials in the ROW will be required to install
lightning arrestors.
- House/structure made by wooden or leaf will be required to improve and install
fireproof materials and lightning arrestors.
Besides, all houses and structures in the ROW will be restricted usability, andowners'
daily activities are also affected.
FRAMEWORK AND ENTITLEMENT
1.6 Framework
This section reviews the legal framework and policies of the Government of Vietnam
and WB’s 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.
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1.6.1 The Legal Framework of the Government of Vietnam
Abbreviated Resettlement Plan of the subproject has been prepared in compliance with
the Resettlement Policy Framework (RPF) of the TEP.
Laws and policies which are applied for compensation and resettlement implementation
include (i) policies of WB; (ii) existing compensation, allowance and resettlement policies of
Vietnamese Government; and (iii) compensation, allowance and resettlement procedure of
Ha Noi capital and Hoa Binh province.
Regarding to WB’s policies, the Involuntary Resettlement (OP 4.12) shall be applied.
Main principles of OP 4.12 are described clearly in Resettlement Policy Framework of the
TEP.
The following are regulations of Vietnamese Government on compensation, allowance
and resettlement which are applied in RP implementation of this subproject.
- The Constitution of Vietnam, 2013 confirms the right of citizens to own a house and
to protect the ownership of the house;
- The Land Law 2013 issued on Nov. 29, 2013;
- Decree No.181/2004/ND-CP dated on October 29, 2004 of the Government guiding
the implementation of the Land Law revised 2003;
- Decree No.188/2004/ND-CP dated on November 16, 2004 of the Government on
methods to determine land prices and land prices frame;
- Decree No.197/2004/ND-CP dated on December 3, 2004 of the Government on
compensation, support and resettlement when land is recovered by the state;
- Circular No.01/2005/TT-BTNMT dated on April 13, 2005 guiding the
implementation of the Government’s decree No.181/2004/ND-CP;
- Decree No.106/2005/ND-CP dated on August 17, 2005 of the Government guiding
the implementation of a number of articles under the Electricity Law regarding safety
protection of high-voltage power networks;
- Circular No.145/2007/TT-BTC issued on November 26, 2007 guiding the
implementation of the Government’s decree No.188/2004/ND-CP;
- Decree No.17/2006/ND-CP dated January 27, 2006 of the Government on revision
and supplementation of some regulations in decrees guiding the implementation of the
Land Law;
- Decree No.84/2007/ND-CP dated May 25, 2007 of the Government on revision of
issuing LURC, land acquisition, implementation of land use right, procedure for
compensation, resettlement when land acquired by State and grievance redress;
- Decree No.123/2007/ND-CP dated July 27, 2007 of the Government on amend and
supplement a number of articles of Decree No.188/2004/ND-CP dated November 16,
2004 on methods to determine land prices and land prices frame;
- Decree No.69/2009/ND-CP dated August 13, 2009 of the Government on Additional
regulations on land use planning, land prices, land acquisition, compensation, support
and resettlement;
- Circular No.14/TT-BTNMT dated October 01, 2009 providing detailed regulations on
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compensation, assistances, relocation and process and procedures for land acquisition,
land hand-over and land lease;
- Decree No.81/2009/ND-CP dated on October 12, 2009, amending or supplementing a
number of articles of the government’s decree No.106/205/ND-CP of August 17,
2005 which details and guide a number of articles of the electricity law regarding the
safe protection of high-voltage power networks;
- Circular 03/2010/TT-BCT issued on January 22, 2010 of Ministry of Industry and
Trade providing a number of contents on safety protection of high-voltage power
networks;
- Circular No.57/2010/TT-BTC issued on April 16, 2010 prescribing the estimation, use
and settlement of funds for compensation, support and resettlement upon recovery by
the State;
- Decree No.38/2011/NCP dated May 26, 2011 of the Government on amendments of
some provisions on administrative procedures of decree 181/2004/ND-CP, decree
No.149/2004/ND-CP and decree No.160/2005/ND-CP;
The current regulations on implementation of compensation, assistance and
resettlement of local government are appliedin the RP of this subproject, including:
- Decision No. 18/2012/QĐ-UBND dated December 21, 2012 of PC at Hoa Binh Province
on Regulation on land prices at Hoa Binh Province in 2013;
- Decision No.19/2011/QĐ-UBND dated September 19th
, 2011 of PC at Hoa Binh
Province on “Compensation Price Units for properties due to State’s land acquisition” at Hoa
Binh Province.
- Decision No.51/2012/QĐ-UBND dated December 28, 2012 of PC at Ha Noi cityon
Regulation on land prices at Ha Noi city in 2013;
- Announcement No. 7038/STC-BG dated December 31st, 2012 of Hanoi Department of
Finance on “Compensation price units for trees, crops, livestocks on the cleared land at Ha
Noi city in 2013”;
1.6.2 World Bank Policy on Involuntary Resettlement (OP/BP 4.12)
Involuntary resettlement should be avoided where feasible, or minimized, exploring all
viable alternative project designs;
Where it is not feasible to avoid resettlement, resettlement activities should be conceived
and executed as sustainable development programs, providing sufficient investment resources
to enable the persons displaced by the project to share in project benefits. Project affected
persons should be meaningfully consulted and should have opportunities to participate in
planning and implementing resettlement programs;
Project affected persons should be assisted in their efforts to improve their livelihoods
and standards of living or at least to restore them, in real terms, to pre-displacement levels or
to levels prevailing prior to the beginning of project implementation, whichever is higher.
1.6.3 Comparison between Government of Vietnam and World Bank Approaches
Although the recent legislation on resettlement ofVietnam tends to be more consistent
with that of the World Bank, there still exists some discrepancies required particular
attention. The differences between the Government’s Laws and Decrees and World Bank
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Policy with regard to resettlement and compensation, and how to address these gaps are
shown in Table 3.1.
Table 3.1.Differences between National Laws and the World Bank Policy and the
TEP Policy
Subjects Bank’s OP 4.12 Government of
Vietnam
Project Measures
Land Property
Policy objectives
DPs should be assisted in
their efforts to improve
their livelihoods and
standards of living or at
least to restore them, in
real terms, to pre-
displacement levels or to
levels prevailing prior to
the beginning of project
implementation,
whichever is higher
Resettlement site and its
infrastructure should
have equal or better
development conditions
than the existing one.
Livelihoods and
income sources will
be restored in real
terms, at least, to the
pre-displacement
levels or to levels
prevailing prior to the
beginning of project
implementation,
whichever is higher.
Support for affected
households who
have no recognizable
legal right or claim
to the land they are
occupying
Financial assistance to
all project affected
persons to achieve the
policy objective (to
improve their livelihoods
and standards of living or
at least to restore them, in
real terms, to pre-
displacement levels or to
levels prevailing prior to
the beginning of project
implementation,
whichever is higher)
Financial assistance
provided at different
levels depending on the
“legal” status of
affected persons
Financial assistance
of an agreed amount
will be given to all
DPs, regardless of
their legal status,
until their livelihoods
and standards of
living restore in real
terms, at least, to pre-
displacement levels.
Compensation for
illegal structures
Compensation at full
cost for all structures
regardless of legal status
of the DP’s land and
structure.
Provided to cover the
new structure costs.
Depending on the
“illegality status”
attributed , covering
between 80% and 0% of
the total costs
Compensation at full
replacement cost will
be given for all
structures affected,
regardless of legal
status of the land and
structure.
Compensation
Methods for
determining
compensation rates
Compensation for lost
land and other assets
should be paid at full
replacement costs,
Compensation for lost
assets is calculated at
price close to
transferring the assets in
local markets or the cost
of newly-built
structures. Provincial
governments are granted
to annually set up
compensation prices for
Independent
appraiser identifies
replacement costs for
all types of assets
affected. Provincial
government will use
this assessment to
establish the
compensation rates at
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Subjects Bank’s OP 4.12 Government of
Vietnam
Project Measures
different categories of
assets
full replacement.
Compensation for
loss of income
sources or means of
livelihood
Loss of income sources
should be compensated
(whether or not the
affected persons must
move to another location)
Assistance in respect of
income loss is given
only for registered
businesses. For affected
persons losing
agricultural land,
additional financial
support will be provided.
All income losses are
to be compensated
and, where necessary
to achieve the
objectives of the
policy, development
assistance in addition
to compensation will
be provided.
Compensation for
indirect impact
caused by land or
structures taking
It is good practice for the
borrower to undertake a
social assessment and
implement measures to
minimize and mitigate
adverse economic and
social impacts,
particularly upon poor
and vulnerable groups.
Not addressed. Social assessment
has been undertaken
and measures
identified and being
implemented to
minimize and
mitigate adverse
impacts, particularly
upon poor and
vulnerable groups.
1.6.4 Compatibility of the Government and the WB Approaches and Require Wavers:
To satisfy WB OP/BP 4.12 policy on Involuntary Resettlement, articles in the laws and
regulations of Vietnam that do not guarantee the DPs’ right to compensation at replacement
costs, or eligibility articles that do not extend the right of being restored and/or assisted to
households without valid land papers, or otherwise limit the compensation required by WB
OP/BP 4.12, will not apply. The requirements of WB OP/BP 4.12 will fully apply in all
cases. This is in accordance with Decree No.131/2006/ND-CP, which states that in case of
“discrepancy between any provision in an international treaty on Official Development
Assistance, to which the Socialist Republic of Viet Nam is a signatory, and the Vietnamese
Law, the provision in the international treaty on ODA shall take precedence” (Article 2, Item
5).
1.7 Compensation Policy
1.7.1 Genaral Principles
All DPs who have assets within or reside within the area of project land-take before the
cut-off date are entitled to compensation or assistance for their losses. Those who have lost
their income and/or subsistence will be eligible for livelihood rehabilitation assistance, based
on the criteria of eligibility defined by the project and in consultation with the DPs.1 If, by the
end of the project, livelihoods have been shown not to be restored to pre-project levels,
1 Voluntary donation might be allowed for some types of lending projects, e.g., CDD projects, where there are
those who may choose to voluntarily contribute affected land for the project construction. A procedure for
determining and documenting the voluntary nature of the contribution should be set up and be clearly
documented in the RP.
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additional measures will be provided.
- The compensation rates will be determined based on the results of independent
land/assets appraisal in a timely and consultative fashion. All fees and taxes on land
and/or house transfers will be waived or otherwise included in a compensation
package for land and structures/houses or businesses. The local authorities will ensure
that DPs choosing relocation on their own obtain, without additional cost, the
necessary property titles and official certificates commensurate with similar packages
provided to those who choose to move to the project resettlement sites;
- Land will be compensated “land for land” or in cash according to the DP’s choice
whenever possible. The choice of land for land must be offered to those losing 20% or
more of their productive land. If land is not available, the borrower must assure itself
that this is indeed the case. Those losing 20% or more of their land will have to be
assisted to restore their livelihood. The same principles apply for the poor and
vulnerable people losing 10% or more of their productive landholding;
- DPs that prefer “land for land” will be provided with land plots with the equivalent
productive capacity for lost lands or a combination of land (a standard land plot) in a
new residential area nearby for residential land, and cash adjustment for the difference
between their lost land and the land plots provided. The resettlement area will be
planned properly and implemented in consultation with the DPs. All basic
infrastructures, such as paved roads, sidewalks, drainage, water supply, and electricity
and telephone lines, will be provided;
- DPs that prefer “cash for land” will be compensated in cash at the full replacement
cost. These DPs will be assisted in rehabilitating their livelihoods and making their
own arrangements for relocation;
- Compensation for all residential, commercial, or other structures will be offered at the
replacement cost, without any depreciation of the structure and without deduction for
salvageable materials. Structures shall be evaluated individually. Any rates set by
category of structure must use the highest value structure in that group (not the
lowest);
- The DPs will be provided full assistance (including a transportation allowance) for
transportation of personal belongings and assets, in addition to the compensation at
replacement cost of their houses, lands, and other properties;
- Plans for acquisition of land and other assets and provision of rehabilitation measures
will be carried out in consultation with the DPs (with particular attention to vulnerable
DPs), to minimize the disturbance and shorten the resettlement transition period. The
rehabilitation measures will be provided to the DP's prior to the expected start-up date
of works in the respective project sites;
- If, by the end of the project, livelihoods have been shown not to be restored to pre-
project levels, additional measures should be considered;
- Financial services (such as loans or credits) will be provided to DPs, if necessary. The
installment amounts and the schedule of payments will be within the repayment
capacity of DPs;
- Additional efforts, such as economic rehabilitation assistance, training and other
forms of assistance, should be provided to DPs losing income sources, especially to
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vulnerable groups in order to enhance their future prospects toward livelihood
restoration and improvement;
- The previous level of community services and resources, encountered prior to
displacement, will be maintained or improved for resettlement areas;
- Contractors can only commence civil works after (i) the governmental competent
agency has satisfactorily completed compensation payments and rehabilitation
assistances in accordance to approved RP for that sub-project; (ii) already-compensated
DPs have cleared the area in a timely manner; and (iii) the area is free from any
encumbrances.
Temporary Resettlemen: Relocation of any households more than once should be
avoided, because it leads to DPs being impacted twice or more and will slow down the
livelihood restoration time. If it must happen, these households should be considered for
additional benefits as they have been impacted twice. If the implementing agency has verified
that temporary resettlement is unavoidable for such reasons as the final resettlement is subject
to the temporary resettlement (e.g., construction of the resettlement site will not take place
until the DPs are temporarily relocated) and an implementation plan for the final resettlement
is agreed by the DPs and approved by District People’s Committee (DPC) or Provincial
People’s Committee (PPC) and the Bank, then an additional assistance package is offered
1.7.2 Policies on compensation, assistance and resettlement applied to the subproject
1.7.2.1 Compensation for Loss of Agricultural Land
1) Legal and Legalized Land Users
If the lost area represents less than 20% of a Household’s (HH’s) land holding (or less
than 10% for poor and vulnerable groups), and the remaining area is economically viable,
compensation in cash will be at 100% replacement cost for the lost area.
If the lost area represents 20% or more of the HHs’ land holding, (or 10% or more for the
poor and vulnerable groups) or the remaining area is economically not viable, then “land for
land” compensation should be considered as the preferred option.
a. If no land is available, then implementing agencies (IAs) must demonstrate this to the
World Bank’s satisfaction before proceeding.
b. If land is not available, or if the DP prefers cash compensation, then cash
compensation will be provided for the lost area at 100% of land replacement cost, and
the DP will be provided with rehabilitation measures to restore the lost income
sources, such as agricultural extension, job training, credit access, provision of non-
agricultural land at a location appropriate for running off-farm business or services.
c. If the DPs wish, and there is land of similar value elsewhere, the project should also
assist these DPs to visit these areas and help with legal transactions should they wish
to acquire them.
d. For agricultural land lying intermixed with residential areas, and garden and pond
land lying adjacent to residential areas, apart from compensation at the price of
agricultural land having the same use purpose, monetary support shall also be
provided; with the prices for such support being equal to between 50% and 70% of the
prices of adjacent residential land; and with the specific support levels being decided
by the Provincial People's Committees (PPC) to suit local conditions.
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2) Users with temporary or leased rights to use communal/public land (DPs who rent
communal or public land)
Cash compensation at the amount corresponding to the remaining investment put on the
land or corresponding to the remaining value of the land rental contract, if it exists.
For DPs currently using land assigned by State-owned agricultural or forestry farms on a
contractual basis for agricultural, forestry, or aquaculture purposes (excluding land under
special use forests and protected forests), compensation shall be provided for investments
made on the land, but not for the land itself, and these DPs may also receive additional
support according to the following provisions:
a. Additional monetary support shall be provided for DPs that receive land on a
contractual basis and are public employees or workers of State-owned agricultural or
forestry farms, or who are former employees of such farms and who are now
receiving an allowance related to their former employment. The highest level of
additional monetary support shall be equal to the price of land to be compensated,
calculated on the basis of the value of the affected land area which shall, however, not
exceed the local agricultural land assignment limits. The PPC shall decide on the
specific support levels to suit the local conditions but the additional monetary support
shall not be less than 70% of the compensation value for the land actually acquired.
b. Where DPs receive land on a contractual basis but are other than the individuals
specified at (a) above, they shall only receive compensation for investments made on
the land.
3) Land Users without formal or customary recognized rights to the affected land
Instead of compensation, these DPs will receive rehabilitation assistance up to 100% of
the land value in cash. DPs will be entitled to rehabilitation measures mentioned above to
ensure their living standards are restored.
In case the land is rented through civil contract between individuals, households, or
organizations, then the compensation for crops, trees, or aquaculture products will be paid to
the affected land users and the project client shall assist the renter to find similar land to rent.
In cases when DPs utilize public land (or protected areas), with an obligation to return
the land to the Government when requested, the DPs will not be compensated for the loss of
use of the land. However, these DPs will be compensated for crops, trees, structures and other
assets they own or use, at full replacement cost. Although they cannot reside in such public
safety-hazard areas, if access has not been denied previously through well-documented signs
and such things as fences, the social and baseline assessment should consider if such a
physical impediment (like a newly restricted public safety area) is causing loss of livelihood
due to people no longer being able to get to jobs and other assets associated with their
subsistence as a result of restricted safety zone definition, which may for example add
significant cost to traveling from home to business, schools, etc.
1.7.2.2 Compensation for Loss of Residential Land
1) Losing of residential land without associated structures:Compensation for loss of land
in cash at replacement cost to legal and/or “legalizable” land users. For land users who have
no recognizable land use right, financial assistance of an agreed amount will be provided.
The amount will be determined by the respective Provincial People’s Committee.
2) Loss of residential land with associated structures and the remaining land is sufficient
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to rebuild the structure (reorganizing DP): Compensation for loss of land will be made in cash
at (i) full replacement cost for legal and legalizable land users; (ii) Financial assistance of an
agreed amount will be provided to land userswho do not have recognizable landuse rights. If
DPs have to rebuild their houses, they will be provided with a rental allowance for a period of 3
months while their houses are being rebuilt.
3) Loss of residential land with associated structures and the remaining land is
insufficient to rebuild the structure (relocating DP):other than specific provisions listed
below, in case where relocated DPs belong to vulnerable groups, the project will consider
providing them with additional assistance (in cash and kind) to ensure that they can afford to
relocated to a new site.
- For DPs who have legal or legalizable rights to the affected land:
A land plot of equivalent size and quality, in a well-developed resettlement site.
Where land is not available, an apartment will be provided to the DP. The will be
done in consultation with the DP. Full ownership title to the land or apartment will be
given at no cost to the DP.
Or,
On request of and with full consultation with the DP, cash compensation at full
replacement cost, plus the amount equivalent to the value of the infrastructure
investments calculated as an average for each household in a resettlement site. In
this case, the household will be expected to relocate themselves.
In the event that the compensation (or assistance) amount accounts less than the cost of a
land plot in the project’s resettlement site, DPs will be supported with the difference required
for the acquisition of the land plot. If a land plot in the project resettlement site is not the
chosen DP’s option, cash assistance will be provided equivalent to difference required to
acquire a chosen land plot.
- DPs who do not have formal or customary rights to the affected land:
Financial assistance of an amount to be determined by provincial People’s Committee
will be given.
If the DP has no place to move, a land plot or an apartment satisfactory to them will
be provided in the resettlement site.
In case the relocated DPs belong to poor or vulnerable groups or households, additional
assistance (in cash and kind) will be provided to ensure that they are able to fully relocate
to a new site.
1.7.2.3 Compensation Policy for Loss of Houses/Structures
Houses
Compensation or assistance in cash will be made for all affected private-owned
houses/structures, at 100% of the replacement costs for materials and labor, regardless of
whether or not they have title to the affected land or a construction permit for the affected
structure. The compensation will be sufficient to rebuild the affected house/structure of the
same quality. As per OP 4.12 cash compensation will be at full replacement cost in local
markets. No deductions will be made for depreciation or salvageable materials.
If the house/structure is partially affected, a financial assistance will be provided to
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enable DPs to repair the affected house/structures to restore it to the former condition, or
better, at no additional cost to them.
Graves
Compensation for the removal of graves/ tombs will include the cost of excavation,
relocation, reburial and other related costs which are necessary to satisfy customary
requirements. Compensation in cash will be paid to each affected family or to the affected
group as a whole as is determined through a process of consultation with the affected
community. The level of compensation will be decided in consultation with the affected
families/communities. Household and individual graves are considered physical cultural
resources (PCR) and even though the costs associated with their relocation may be covered in
the resettlement plan, the WB OP 4.11 on Physical Cultural Resources should be triggered
and relevant cross references should be made to the Environmental Management Plan or
project implementation manual.
Tenants
The tenants of state or organization’s houses will be: (i) entitled to rent or buy a new
apartment of the area at least equal to their affected one if they/he/she have a demand for; or
(ii) provided an assistance equal 60% of replacement cost of the affected land and houses.
The structure created by the DPs themselves will be compensated at their full replacement
costs.
The tenants who are leasing a private house for living purposes will be provided with
transportation allowance for moving assets, as well as will be assisted in identifying alternative
accommodation.
1.7.2.4 Compensation Policy for Loss of Standing Crops and Trees
For annual and perennial standing crops, regardless of the legal status of the land,
compensation will be paid to the affected persons, who cultivate the land, according to the full
market value of the affected crops and/or at replacement cost for affected perennial trees.
Regarding the removable affected trees, the compensation will be equal the transportation cost
plus actual loss. Perennial crops will be compensated for at the calculated value of their life
time productivity.
1.7.2.5 Compensation Policy for Loss of Income and/or Business/Productive Assets
For DPs losing income and/or business/productive assets as a result of land acquisition, the
mechanism for compensating will be:
- The registered non-farm producer/business DPs, who have income-generating and/or
business/productive assets affected, will be given cash business assistance for the loss
of business income, equivalent to 50% of the annual average for the last 3 years net
income. (This amount is equivalent to 100% of monthly net income for 6 months).
- The non-registered business or non-farm producer DPs, whose operations are
recognized by local authority and who have income and/or business/productive assets
affected, will be given assistance in cash for the income losses for three months at the
minimum
- If the business has to be relocated, then, a priority to provide a replacement business
site accessible to customers, or, compensation in cash for the affected area at a
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replacement cost, plus transportation allowance to remove movable attached assets. If
there is no land available, then the business/non-farm producer DPs will be entitled for
rehabilitation measures such as job training, credit access to help restore the income
sources.
1.7.2.6 Compensation Policy for Temporary Impact during Construction
In the event of temporary impact during construction, DPs are entitled to the following:
- Compensation for all affected assets/investments made on the land, including trees,
crops etc., at full replacement cost;
- Cash compensation for land temporarily acquired in the form of rent which is at least
equivalent to the net income that would have been derived from the affected property
during the period of disruption;
1.7.2.7 Damages to Private or Public Structures
Damaged property by contractor will be restored by contractors immediately at full
replacement value, after completion of civil works, to its former condition. Under their contract
specifications, the contractors will be required to take extreme care to avoid damaging property
during their construction activities. Where damages do occur, the contractor will be required to
pay compensation immediately to affected families, groups, communities, or government
agencies at the same compensation rates that are applied to all other assets affected by the
Project.
Compensation for loss of community assets: In cases where community infrastructure
such as schools, bridges, factories, water sources, roads, sewage systems is damaged, the
project will ensure that these will be restored or repaired at no cost for the community and to
the community’s satisfaction.
1.7.2.8 Secondary DPs
This applies to those affected by development of individual resettlement or group
resettlement sites. Because all secondary DPs are likely to be affected in similar ways as
primary ones, they will be entitled to compensation and rehabilitation assistance in
accordance with the same respective provisions for all other DPs.
1.7.2.9 Allowances and Rehabilitation Assistance
Besides the compensation for affected assets, DPs will be provided with financial
assistance to cover their expenses during the transition period. The assistance levels will be
adjusted, taking into account inflation factor and price increase to be appropriate to the
payment time. These will be detailed in the RP. They include, but are not limited to:
- Transportation allowance will be given to relocating DPs. The amount will be
determined by local authority
- House renting allowanceor temporary accommodationwill be provided for relocating
DPs during the time whenthe DPs are waiting for the land plot or apartment to be ready
plus for the period of building the new house.
- Removal Support:Organizations and DPs that are allocated or leased land by the state
or are lawfully using land and have to relocate their productive and/or business
establishments are entitled to financial support for dismantling, relocating and re-
installation of the establishment. Support levels will be determined by actual costs at
the time of removal, based on self-declaration of the organizations and verification by
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the agency in charge of compensation. This will then be submitted to the relevant
authorities for approval.
- Subsistence allowance for relocating: All DPs (i) relocating within province shall
receive a cash allowance equal to 30 kg of rice per month in uninterrupted 03 months;
(ii) relocating out of province shall receive a cash allowance equal to 30 kg of rice per
month in uninterrupted 06 months; (iii) who are in a severe socioeconomic difficulty
or who relocating to areas of socioeconomic difficulty shall be receive cash allowance
equal to 30 kg of rice per month in uninterrupted 12 months.
- Support for living stabilization: (a) DPs losing 20 - 70% of their agricultural
landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with the
amount equivalent to 30 kg of rice/person/month for 6 months if they do not have to
relocate and 12 months in case of relocation. In some special cases, in extremely
difficult areas, the compensation may be provided for a maximum of 24 months; (b)
DPs losing more than 70% of their agricultural landholding will be assisted for 12
months if they do not have to relocate and 24 months in case of relocation. In some
special cases, in extremely difficult areas, the compensation may be provided upto a
maximum of 36 months; (c) Households affected by loss of less than 20% of land,
where the remaining land is rendered unviable for continued use, will be assisted with
the above support plus any additional support as determined, for a period of 12
months. In case of land-for-land compensation, DPs will be assisted with seedlings,
agricultural-forestry extension programs, husbandry etc.
- Support for job changing (with several options provided depending on the interest of
the DPs): The support amount is 2-5 times of the agricultural land price for the whole
acquired agricultural area but not exceeding the local land allocation limit at the
moment of handing over land.
- Support for training, apprenticeships on vocational training establishments in the
provinceand exemption from tuition fees for the training courses for those of working
age (not applicable for those who enroll for a vocational training outside the
province). After finishing training courses, they will be given priorities to be recruited
in local manufacturers/businesses.
- Support for the poor and vulnerable groups: Additional support will be provided to
the poor and vulnerable groups to ensure they will be able to restore the losses and
livelihood at least at pre-project level
- Other rehabilitation measures as agricultural extension services, job training and
creation, credit access, non-farm land allocation for non-farming business/activities,
and/or other measures as appropriate will be given to DPs losing major income sources
to ensure their livelihood is restored to the pre-project level.
- Relocation bonus: A bonus of maximum 5 million VND will be awarded to DPs who
dismantle their houses and vacate their premises in accordance with the resettlement
schedule.
COMPENSATION, ASSISTANCE AND RESETTLEMENT
1.8 Compensation
Cut-off date: The cut-off date has been fixed during the socio-economic survey and
inventory inOctober, 2012. The cut-off date has been notified to the competent local
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authorities when working with the locality performing public consultation.
Encroachers who settled into the proposed affected area after the cut-off date 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.
Nevertheless, they do not have to pay any fine or sanction. The cut-off date and the provision
of 'no compensation for encroachers' have been clearly declared in the community meetings.
Replacement cost: in this subproject, the losses consist only of lands, trees and crops. The
survey results show that TLs are constructed in rural areas where most local people do
agricultural production (rice, secondary crops) and forest plantation with long-term stability.
In these areas local people have not virtually traded land, trees or crops (in most cases, local
households transfer their land ownership to their children, relatives). The compensation unit
prices for land, trees and crops have been discussed with local governments (Hoa Binh city,
Ky Son district, Luong Son district – Hoa Binh Province và Quoc Oai district – Ha Noi city).
Compensation unit prices will be in line with price frame issued by Provincial PC,
specifically:
- Decision No.18/2012/QĐ-UBND dated December 21,2012 of PC at Hoa Binh Province
on prices of lands at Hoa Binh Province in 2013;
- Decision No.19/2011/QĐ-UBND dated September 19th
, 2011 of PC at Hoa Binh
Province on “Compensation Unit Prices for the properties acquired by the State” at Hoa Binh
Province.
- Decision No. 51/2012/QĐ-UBND dated December 28, 2012of PC at Ha Noi cityon
Regulation on price of lands at Ha Noi city in 2013;
- Announcement No. 7038/STC-BG dated December 31, 2012 of Department of Finance
at Ha Noi city on “Compensation Unit price for trees, crops and livestocks on the cleared
lands at Ha Noi city in 2013”;
It is understood that such unit prices for land are used in this RP just for the sake of cost
estimate (during the time of this RP preparation) only. By the time of actual RP
implementation (expected during 2014), the compensation unit prices for land will be
recalculated to ensure that DP will be compensated at the replacement costs for their losses.
Compensation unit prices for land
Chapter II of Decree No.188/2004/ND-CP - Method of determining land prices , based
on the instructions in Chapter I of Circular No.145/2007/TT-BTC (Article 1: "direct
comparison method "and Article 2: "income method") ensures that the unit price will be
adjusted in accordance with the replacement cost at the time of issuance. The unit price is
based on replacement costs for land, buildings, trees and market prices for crops .
However, the compensation unit price used in this RP only for cost estimation purposes
and will be reviewed by the local authority and independent agencies at the time of
implemntation of RP and will be adjusted by PPC ( if required and is used to calculate the
benefits of the APs ) to ensure that all APS will be compensated at replacement cost for their
losses under this policy.
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Table 4.1: Compensation Unit Prices for Permanent Affected Land
No Locality
Price unit (dong/m2)
Note Cultivated land Aquiculture
Annual
plant Perenial
I Hoa Binh province
According to
Decision no.
18/2012/QĐ-
UBND dated
21/12/2012 by
Hoa Binh
Province
1 Hoa Binh town
1.1 Tan Thinh ward 65.000 55.000
35.000
1.2 Huu Nghi ward 65.000 55.000
35.000
1.3 Hoa Binh commune 65.000 55.000
35.000
1.4 Tan Hoa ward 65.000 55.000
35.000
1.5 Yen Mong commune 65.000 55.000
35.000
2 Ky Son district
2.1 Ky Son town 65.000 55.000
35.000
2.2 Dan Ha commune 65.000 55.000
35.000
2.3 Mong Hoa commune 65.000 55.000
35.000
2.4 Dan Hoa commune 65.000 55.000
35.000
3 Luong Son district
3.1 Lam Son commune 65.000 55.000
35.000
3.2 Luong Son town 65.000 55.000
35.000
3.3 Hoa Son commune 65.000 55.000
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35.000
II Hanoi City
According to
Decision no.
51/2012/QĐ-UBND
dated 28/12/2012 by
Ha Noi City
1 Quoc Oai district
1.1 Dong Yen commune 135.000 158.000
135.000
1.2 Can Huu commune 135.000 158.000
135.000
1.3 Thach Han commune 135.000 158.000
135.000
1.4 Dong Quang commune 135.000 158.000
135.000
Note: Above list of land price is average price at all communes/towns/ wards.
In case of maintaining land use purpose (houses or buildings acceptable in Security Corridor)
but limitation of usage, compensation is still made on the basis of actual loss.
Compensation unit prices for trees and crops
Compensation for trees, crops and livestocks applicable for the permanently acquired land for
foundation pivotal construction, acquired aquatic production land area and affected trees
during construction period.
Table 4.2:Compensation price units for eligible trees, crops and livestocks
No Plant type Unit Price Note
II Tỉnh Hòa Bình
According to Decision no.
19/2011/QĐ-UBND dated
19/9/2011 by Hoa Binh province
1 Rice m2 3.800
2 Farm produce m2 12.000
Citronella m2 10.000
Longan pcs 40.000
Banana pcs 20.000
A Acacia pcs 30.000
6 Pond m2 10.000
III Hanoi city
According to Announcement no.
7038/STC-BG dated 31/12/2012
by Financial Department of Hanoi
City
1 Rice m2 7.000
2 Farm produce m2 3.000
3 Banana pcs 15.000
6 Pond m2 15.000
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1.9 Assistance
1.9.1 Assistanceunit price for improvement and grounding for houses/structures
Providing assistance on refurbishing wall, roof, earth connection through technical methods
for 65 houses of the households in Security Corridor to ensure that they can stay without
displacement in line with the regulation at Article 6, Decree no. 106/2005/NĐ-CP
on17/8/2005 which provides detailed regulations and guidances to implement some of
Electricity Law on protecting high voltage system.
Table4.4.Assistance unit price for improvement and grounding
No. Categories Unite Unit price
1 Improvement houses, roof thatch house VNĐ/m2 500,000
2 Grounding VNĐ/house 1,000,000
1.9.2 Assistance unit price for land in the route’s corridor
Table4.5.Assistance unit price for land in the route’s corridor
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No Locality
Price unit (dong/m2)
Note Cultivated land Aquiculture
Annual
plant Perenial
I Hoa Binh province
5 times of land
compensation
cost (Estimate). 1 Hoa Binh town
1.1 Tan Thinh ward 325.000 275.000
175.000
1.2 Huu Nghi ward 325.000 275.000
175.000
1.3 Hoa Binh commune 325.000 275.000
175.000
1.4 Tan Hoa ward 325.000 275.000
175.000
1.5 Yen Mong commune 325.000 275.000
175.000
2 Ky Son district
2.1 Ky Son town 325.000 275.000
175.000
2.2 Dan Ha commune 325.000 275.000
175.000
2.3 Mong Hoa commune 325.000 275.000
175.000
2.4 Dan Hoa commune 325.000 275.000
175.000
3 Luong Son district
3.1 Lam Son commune 325.000 275.000
175.000
3.2 Luong Son town 325.000 275.000
175.000
3.3 Hoa Son commune 325.000 275.000
175.000
II Hanoi City
5 times of land
compensation cost
(Estimate). 1 Quoc Oai district
1.1 Dong Yen commune 675.000 790.000
675.000
1.2 Can Huu commune 675.000 790.000
675.000
1.3 Thach Han commune 675.000 790.000
675.000
1.4 Dong Quang commune 675.000 790.000
675.000
1.9.3 Assistance unit price for houses in the route’s corridor
Table4.6.Assistance unit price for houses in the route’s corridor
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No. Categories of houses/structures Unit price
1 Category: temporary -A 630,000
2 Category: temporary -B 420,000
3 Category: temporary -C 245,000
Note: According to Article 5 of Decree No.81/2009/ND-CP of the Government dated Oct.
12, 2009, houses in of the T/L will be compensated, supported due to restricted usability. The
assistance cost will not exceed 70 % of compensation cost.
1.9.4 Rehabilitation
There are no household will have to move their house or building due to the
subproject's activities.
PUBLIC CONSULTATION AND PEOPLE’S PARTICIPATION
1.10 Public consultation and people’s participation
1.10.1 Public consultation
Public consultants are carried out by sending summary document of the subproject and
organized community meetings. This summary document was described subproject’s
components, resettlement policy, frequently asked questions of APs, prevented methods for
risk of shock and protect measures for the ROW, potential impacts and minimized methods,
etc.
Institute of Energy held community meetings at People’s Committee of 16 affected
communes and wards in Sept. - Oct. 2012. Minutes of public consultant meetings and photos
are presented in Annex 5 of the RP.
Participant components who invited to the public consultation meeting consist of
representatives of subproject affected households, local authorities, Fatherland Front
Committee and local mass organizations (Women Union, Farmers Associations, etc.) (Please
see details in Annex 4).
In the consultation meetings, representatives of the subproject owner as the consultant
presented some major issues as follows:
- Introduction of the subproject and implementation schedule.
- Impacts on land, houses, structures, trees; mitigation measures for land acquisition;
principles and policy of compensation; the grievance procedure.
- Impacts on air quality, noise, water quality, socio-economic activities and mitigation
measures.
In the community meetings, APs’ queries on RP related issues such as entitlement,
compensation, etc., will be answered and recorded by representatives of the subproject
owner; and updated in the RP.
1.10.2 Synthesis of community consultation
Community consultation activities are carried out in 02 forms: distributing information
leaflets on Things to know about compensation policies, land clearance and electrical safety
of the project; and community meetings.
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Leaflets on Things to know about compensation policies, land clearance and electrical safety
of Tranmission Efficiency Project has been prepared (in the form of questions & answers and
images) and distributed to 100% of affected households, and publicized in the sub-project
area (Quarter II, 2014). This is the basis for community and DPs’ participation in different
phases of the works. This document consists of two key sections, namely: (1) The frequently
asked questions of DPs; and (2) The images showing safety measures to prevent electrical
accidents and ROW protection. Based on the information on the leaflet, the results of
damages and loss inventory, implementation plan of compensation and assistance, the
entitlement matrix and other materials related to compensation that are provided, the local
community and DPs will get directly and effectively involved in the monitoring activities of
compensation and assistance under project. Districts Compensation Council has also
convened meetings of related communes to inform them of this sub-project. Additionally, the
commune leadership has informed local residents in relevant villages of the potential impacts,
especially the entitlement matrix.
During RP’s preparation period, Consulting Unit holds the meeting to ask for opinions of
local community in sub-project area with the involvement of DPs and local people in line
with the following schedule:
Table 5.1 Public consultation
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No Sub-
project
Venue/ Time
and Date
No of
participants
People’s opinions
1 Hoa Binh -
Tay Ha
Noi 220kV
Tranmissio
n line
Venue: Yen
mong
Commune, Tan
Hoa Ward, Hoa
Binh city.
Time: October
1, 2012
Venue: Mong
Hoa Commune,
Ky Son district.
Time: October
2nd
, 2012
Venue: Hoa son
commune,
Luong Son
district.
Time: October
3rd
, 2012
07
participants
06
participants
15
participants
- Phuong Ngoc Bao: supports
Government’s strategy; recommends
that thorough investigation should be
made to ensure people’s safety and
harmonize with people’s
requirements.
- Nguyen Van Du: electricity should be
provide to local people.
- Ha Trong Thiem: local people’s fields
will be influenced.
- Nguyen Van Binh, Nguyen Đuc Hien:
hopes that the Sub-project will be
implemented.
- Nguyen Viet Hung: local people’s
safety should be ensured.
.
- Nguyen Van Loi, Nguyen Thi Hanh,
Nguyen Thi Đieu: local people’s
safety should be ensured.
- Ly Thi Quyet: hopes that Sub-project
implementation won’t influence the
households.
- Nguyen Thi Loi: resettlement location
should be reasonable.
- Bui Van Lam, Bui Van Hao, Bui Van
Khuynh, Nguyen Thi Hai, Nguyen
Đuc Trí, Bui Van Bay, Pham Van
Nam, Nguyen Thi Loan: hopes that
the Sub-project will be implemented.
- Tran Thi Lan: Noise pollution can be
caused due to heavy rain.
- Đo Thi Tuu: noice and worries can be
raised which consequently influence
peole’s heath.
- Hoang Trong Luan: people’s heath
can be influenced (ear, heart.
- Đo Thi Thanh: safety should be
ensure; compensation should be
reasonable.
- Hoang Cong Xep: field infringe
should not be happended;
compensation costs.
- Nguyen Van Tuan: it is convenient for
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No Sub-
project
Venue/ Time
and Date
No of
participants
People’s opinions
local people; current electric resource
is still low -> additional resources
should be provided.
1.11 Disclosure
Per requirement of Bank’s policy, the Vietnamese version of this draft report was
publically disclosed at project communes, PMBs, and VDIC of the World Bank office in
Hanoi (Jan. 2014). English version was also disclosed in InfoShop of the World Bank in
Washington D.C. Final versions (English and Vietnamese) will also be re-disclosed at project
sites, PMBs, VDIC and InfoShop.
1.12 Grievance redress administrative
APs are entitled to the complaints regarding their interests and responsibilities in the
Project implementation including but not limited to such things entitlements to compensation,
compensation policy, unit prices, land acquisition, resettlement and other entitlements related
to the recovery support programs. Complaints can also concern issues related to construction
safety and nuisances caused by construction. Grievance procedures should be affordable and
accessible procedures for third party settlement of disputes arising from resettlement; such
grievance mechanisms should take into account the availability of judicial recourse and
community and traditional dispute settlement mechanisms. All complaints will be recorded,
recognized and processed by the functional units at all levels.
Local mass organizations such as Fatherland Front, Farmers Association, Women’s
Association etc. are mobilized to participate actively in the process of resolving complaints,
questions. APs can report their complaints (without any administrative and legal charges) to
the responsible units under district and commune/ward people’s committee. PMB must
ensure having assigned staff in these responsible units to work on the project and maintaining
a throughout reporting system. Following the aforementioned arrangement, the grievance
procedure will be:
- Step 1. Any persons who are not satisfied with any contents of the program of
economic recovery and resettlement can report verbally or in writing to their
Ward/Commune People’s Committee (CPC) who will be responsible for resolving
their complaints within 15 days through inspection, and identification and proposal to
upper authorities.
- Step 2. After the due date, if there is no agreement, conciliation formed between APs
and CPC or no answer from CPC, APs can appeal to the District People’s Committee
(DPC) who will give their decisions within 30 days after receiving the complaints.
- Step 3. If after the due date, there is no agreement, conciliation formed between APs
and DPC or no answer from DPC no agreement/conciliation/answer is made, APs
may appeal to the responsible unit of Provincial People’s Committee (PPC) who will
give their decisions within 30 days after receiving the complaints.
- Step 4. If they are not satisfied with the decisions at the provincial level, APs may
present their petition to their district administrative court.
AP’s will be exempted from all administrative and legal fees. Besides that, an escrow
accounts for resettlement payments should be used when grievance is resolving to avoid
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excessive delay of the project while ensuring compensation payment after the grievance has
been resolved. All GRC should maintain a system to register queries, suggestions and
grievances of the APs. All queries, suggestions and grievances and their resolution should be
recorded and forwarded to the PMB and its functioning monitored monthly. All the cost of
GRM establishing and functioning should be included in the subproject cost.
SUPERVISION, MONITORING AND VALUATION
Implementation of RP will be periodically supervised and monitored by the respective
NPPMB 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 NPT and World Bank.
1.13 Internal monitoring and supervision
NPPMB is responsible for internal monitoring of the RP implementation. Internal monitoring
and supervision will:
Verify that the baseline information of all DP's has been carried out and that the
valuation of assets lost or damaged, and the provision of compensation, resettlement
and other resettlement entitlements has been carried out in accordance with the
provisions of this Policy frameworkwork and the respective RP.
Oversee that the RPs are implemented as designed and approved.
Verify that funds for implementing the RP are provided to the respective AMB in a
timely manner and in amounts sufficient for their purposes, and that such funds are
used by the respective AMB in accordance with the provisions of the RP and policy
framework.
Record all grievances and their resolution and ensure that complaints are dealt with in
a timely manner.
Officer in charge of resettlement and unit in change of compensation for land clearance for
sub-project implementation are responsible to update information on key activities as follow:
Table 6.1: Key activities of internal monitoring and assessment
No Activities of Resettlement Plan Implemented
Description Yes No
1. Informing local people and local authorities
about the project x
2. Inventories of total losses x
3. Replacement cost surveys x
4. Preparing RP x
5. Approving RP
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No Activities of Resettlement Plan Implemented
Description Yes No
- EVN/NPT
- PC at Hoa Binh Province
- PC at Ha Noi city
- WB
6. RP information disclosure x
Hoa Binh Province
- Hoa Binh city:
+ Tan Thinh Ward;
+ Huu Nghi Ward;
+ Hoa Binh Commune;
+ Tan Hoa Ward;
+ Yen mong Commune;
- Ky Son district:
+ Ky Son Town;
+ Dan Ha Commune;
+ Mong Hoa Commune;
+ Dan Hoa Commune;
- Luong Son district:
+ Lam Son Commune;
+ Luong Son Town;
+ Hoa Son Commune;
Ha Noi city
- Quoc Oai district
+ Dong Yen Commune;
+ Can Huu Commune;
+ Thach Than Commune;
+ Dong Quang Commune;
- Electricity Tranmisson 1
- VDIC/Infoshop x
7. Checking, measuring land area x
8. Applying compensation unit
prices (from RP)
x
9. Preparing specific compensation
plan
x
10. Approving compensation plan x
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No Activities of Resettlement Plan Implemented
Description Yes No
11. Declaring compensation plan x
12. Adjustment and approval (if any) x
13. Payment for losses (including crosscheck
with RP - i.e. DPs, budget, impact levels
etc.)
x
14. Internal monitoring x
15. Independent monitoring x
16. RP implementation reporting x
17. Recording and solving complaints x
18. Consultation and people's participation x
- Community meetings x
- Providing leaflets
19. Coordinating with other agencies
(especially Compensation Council)
x
20. Subproject mid-term and final
reviews (in accordance with the project)
x
1.14 Independent monitoring
An independent agencies or individual consultants contracting with NPPMB periodically
carry out external monitoring and evaluation of the implementation of RPs. The independent
agencies can be academic or research institutions, non- Governmental Organizations (NGO)
or independent consulting firms, all with qualified and experienced staff and terms of
reference acceptable to the World Bank. Independent monitoring begins about the same time
as implementation activities and continues until the end of project/subproject.
Independent monitoring can be contracted with NPT once for all sub-projects. The scope of
work and other terms of conference will be prepared by NPT which then will be sent to WB
for review.
Independent monitoring Agency will:
Prepare the action plan for the involvement of DPs; check whether the compensation
and other benefits are in line with WB’s Policy framework or not;
Assess whether the objectives of Policy framework in tern of improving or at least
maintaining income and living standard for the DPs are successfully achieved or not;
Collect the quality indicators of the economic-social impacts of the Sub-project on
DPs;
Make recommendations on adjusting the RP’s implementation plan in individual
cases to achieve the objectives and aims of Policy framework.
1.15 Reporting condition
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Internal monitoring agencies will prepare a quarterly report detailing the progress of
RP implementation; the report should be made available to EVN/NPT, WB, and independent
external monitoring agency. The terms for the independent external monitoring agency will be
detailed in the contract (Independent external monitoring agency and NPPMB).
A Resettlement Plan cannot be considered complete until a completion audit or survey
confirms that all entitlements have been received by beneficiaries and livelihood restoration
is progressing on schedule.
IMPLEMENTATION SCHEDULE
1.16 Implementation responsibility
Southern Power Project Management Board (NPPMB)
NPPMB, representing NPT, have following responsibilities:
- Prepare RPs in accordance with the RPF. Coordinate with the provincial People’s
Committees and local authorities to obtain consensus from provincial People’s
Committee for the RPs and submit them to the WB for review and clearance.
- Develop and implement a training program for the provincial and district People’s
Committee’s, relevant stakeholders involved in RP implementation and Grievance
Redress.
- Where relevant, provide technical support (e.g. consultation mobilization) in
identifying the replacement cost to inform compensation rate during the RP
implementation.
- Secure timely availability of required budget for RP preparation and implementation;
- Conduct internal monitoring of RP implementation as per requirements set out in the
project’s RPF and the RPs.
- Prepare bi-annual progress reports and submit to WB
- Designate staff with solid experience in resettlement and familiar with Bank’s
safeguard policies as a social focal point for PMB.
- Take part in compensation, support and resettlement council at local level and ensure
that the agreed RPs are properly implemented, documented and reported.
- Work closely with competent governmental agencies to address concern, grievances
related to resettlement in their managed subprojects.
Provincial People’s Committees (PPC)
Provincial People’s Committees have responsibilities as follows:
- To direct, organize, propagate and mobilize all organizations and individuals
concerning compensation, support and resettlement policies and ground clearance
according to the land recovery decisions of competent State bodies;
- To direct the provincial/municipal services, departments, branches and district-level
People's Committees: (i) To draw up resettlement and resettlement area plans in
service of the land recovery; (ii) To draw up compensation, support and resettlement
plans according to their competence;
- To approve or assign the district-level People's Committees to approve compensation,
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support and resettlement plans;
- To approve land prices; promulgate the property price tables for compensation
calculation; prescribe support levels and supporting measures according to their
competence; resettlement arrangement plans, job change training plans according to
their assigned competence;
- To direct the concerned agencies to settle citizens' complaints, denunciations related
to compensation, support and resettlement according to their law-prescribed
competence;
- To guarantee impartiality and equity when considering and deciding on the
compensation, support and resettlement when land is recovered by the State according
to their competence prescribed in this Decree;
- To decide or assign the district-level People's Committees to apply coercion to cases
of deliberately failing to abide by the State's land recovery decisions according to
their competence;
- To direct the examination and handling of violations in the compensation, support and
resettlement domain.
District People’s Committees
The District People’s Committees have responsibilities as follows:
- To direct, organize, propagate and mobilize all organizations and individuals
concerning compensation, support and resettlement policies and ground clearance
according to the land recovery decisions of competent State bodies;
- To direct the compensation, support and resettlement councils of the same level to
draw up, and organize the implementation of, the compensation, support and
resettlement plans; approve the compensation, support and resettlement plans
according to the responsibility assignment by the provincial-level People's
Committees;
- To coordinate with the provincial/municipal services, departments and branches,
organizations and investors in executing investments projects to build and plans to
create resettlement areas in their localities according to the assignment of the
provincial-level People's Committees;
- To settle citizens' complaints, denunciations related to compensation, support and
resettlement according to their assigned competence; issue coercive decisions and
organizing coercion in the cases falling under their competence; coordinate with the
functional agencies in organizing coercion according to the decisions of competent
bodies.
Compensation, support and resettlement councils
The compensation, support and resettlement councils shall assist the People's Committees
of the same level in making, and organizing the implementation of, compensation, support
and resettlement arrangement plans; work on the collective principle and decide by majority;
where the numbers of votes for and against are equal, the opinion of the side joined by the
council chairman shall be followed. Responsibilities of council members are as follow:
- The council chairman shall direct the council members to make, submit for approval
and organize the implementation of, the compensation, support and resettlement plan;
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- The investor shall be responsible for assisting the council chairman in making the
compensation, support and resettlement plan, ensuring sufficient funds for timely
payment of compensation, support and resettlement money;
- Representatives of persons who have land recovered shall be responsible for reflecting
the aspirations of persons who have land recovered, persons who must be relocated;
mobilizing persons who have land recovered to move and clear the ground according
to schedule;
- Other members shall perform the tasks as assigned and directed by the council
chairman, suitable to their respective branches.
- The compensation, support and resettlement councils shall be responsible for the
accuracy and rationality of inventory statistics, the legality of land and property
eligible or ineligible for compensation, supports in the compensation, support and
resettlement
Center for Land Fund Development
The Center for Land Fund Development has main responsibilities related to resettlement
as follows:
- To assume the prime responsibility for, or coordinate the with the compensation and
ground clearance council in, organizing compensation and ground clearance;
- To work and coordinate closely with project’s stakeholders to update and implement
RP as per project’s RPF.
- To provide compensation and ground clearance services;
- To develop resettlement areas;
- To build infrastructure on land funds assigned to it for management in order to
organize auction;
- To provide information on land prices and land funds to organizations and individuals
upon request;
- To assist the District People’s Committee and Provincial People’s Committee in
disseminating information related to Resettlement Plan.
- To assist the District People’s Committee in handling complaints at district level.
- To perform other tasks under decisions of the provincial-level People's Committee.
Commune People's Committees
The Commune People's Committees shall have the responsibilities:
- To organize propaganda on the land recovery purposes, compensation, support and
resettlement polices of the projects;
- To coordinate with the compensation, support and resettlement councils in certifying
land and property of persons who have land recovered;
- To join in, and create conditions for, the payment of compensation and support money
to, and arrange resettlement for, persons who have land recovered, and create
conditions for the ground clearance.
Displaced persons (DPs)
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DPs are ready with their necessary RP related papers i.e. LURC, ownership of other
assets.
DPs are responsible for carefully checking on their lost assets and respective entitlements
and clear land in a timely manner once DPs receive full entitlements.
Independent Monitoring
An independent agency is responsible to supervise and evaluate implementation of RP for
the subproject. This agency will submit monitoring reports periodically during
implementation of RP and suggest solving measures for all identified issues to SPPMB and
WB.
1.17 Implementation Schedule
Table 7.1:Proposed sub - Sub-project implementation schedule
Item Schedule
1. AMB and Council of Compensation
Establishment of Sub-project Council of Compensation Quarter II - 2014
Commencement of Public Disclosure Quarter II - 2014
Commencement of detailed measure and asset inventory Quarter II - 2014
Commencement of payment of compensation Quarter III - 2014
2. DPs
Commencement of declaration of quantity and status of properties Quarter II - 2014
Commencement of receiving compensation and ground clearance Quarter III - 2014
3. Bidding
Commencement of bidding for equipment Quarter III - 2014
4. Civil works
Commencement of civil works Quarter IV - 2014
5. Monitoring
Commencement of monitoring works Quarter II - 2014
All RP activities must be satisfactorily prepared before the World Bank issues a no objection
for award of contract for the subprojects. Any changes to the RP after WB clearance will
require review by the WB’s Task Team before implementation.
COSTS
1.18 Basis of cost calculations
Compensation cost estimate for affected land, houses or structures based on:
- Resettlement Policy Framework (RPF) of the Transmission Efficiency Project (TEP).
- Decree No.197/2004/ND-CP on December 3, 2004 of the Government on
compensation, support and resettlement when land is requisitioned by the state.
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- Decree No.106/2005/ND-CP on August 17, 2005 regulates details and guides to
implement some matters under the Electricity Law regarding safety protection for
high-voltage power networks.
- Decree No.69/2009/ND-CP dated August 13, 2009 of the Government additionally
regulates on land use planning, land prices, land requisition, compensation, support
and resettlement.
- Decree No.81/2009/ND-CP on October 12, 2009, on revision and supplement of some
articles of the government’s decree No.106/205/ND-CP of August 17, 2005.
- Survey on the replacement cost and the market price for land, houses, structures done
by PECC3 in Oct. 2013.
- And Ha Noi, Hoa Binh related decisions
1.19 Replacement Cost Survey
According to the survey result, the transmission line will be built in the rural area, almost
land is used for permanent agricultural production and the land unit price has been relatively
steady for 3 years.
Through consultation with local authorities and residents, compensation unit prices for
land, houses, structures, crops of other projects in the region were applied equivalent to the
unit prices issued by PPC and accepted by affected households. Hence, this RP applies the
unit prices issued by PPC for estimation.
At the time of implementation of RP (expected to start in QII, 2014), compensation unit
prices will be updated to ensure that APs will be compensated at replacement cost for their
losses.
1.20 Cost estimation for implementation of RP
Source of financing for RP implementation is from counterpart fund of EVN, NPT and
NPPMB. The funds will be transferred to CRC who is responsible for:
Payment of compensation and all entitled allowances directly to APs, and
Payment to cover costs of overall RP activities.
The contingency component would cover such differences by the time of actual RP
implementation. This cost was included in provision costs of the subproject.
8.3.1. Preparation of RP
At the initial stage of the preparation for the establishment of RP, a socio-economic survey
workforce has to be established. This workforce will carry out (a) studying the designs and
field visits, (b) establishing the socio-economic survey forms (interview) and inventory forms
(with preliminary measurements of fixed assets and counting of properties), (c) organizing
community meetings and public consultation and distribution of Sub-project related
pamphlets/Q&A, (d) socio-economic surveys by means of fill in the 'Questionnaires' and
direct interview, (e) data processing and (f) establishment of the RP for approval.
AMB has signed contracts with the Consultant to carry out the tasks mentioned above
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8.3.2.Compensation and Resettlement
Compensation for permanent land acquisition and temporary land acquisition.
Compensation for permanently and temporarily affected trees and crops.
8.3.3. Cost for staff of Compensation Council (management cost)
At the stage of preparation for the establishment of RP, Compensation Council’s supporting
team will be established to (a) carry out detailed measure and statistics, collect information
on resettlement, (b) organize the community meetings, (c) implement detailed measure and
inventories, (d) negotiate with DPs and (e) completely make payments to DPs and submitted
to district PC for approval.
Cost for staff of Compensation Council is estimated to be around 2% of total compensation
cost.
8.3.4. Independent monitoring cost
Estimated cost for independent monitoring: 500,000,000 VND
8.3.5. Land survey cost
Estimated: 1.200.000.000 VND
8.3.5. Contingency
Considering the expected time of actual RP implementation (expected during 2014) and
experience from:
The implemented and on-going implementing projects of similar nature,
The rate for contingency is estimated about 10% of total cost of compensation and RP
preparation.
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1.20.1.1 8.3. Total Cost of RP Implementation
Table 8.1: Total Estimated Cost of RP Implementation
Unit: VND
No Item Cost
1 Resettlement program making cost 201.450.429
2 Compensation and support cost 18.228.238.581
3 Compensation council cost (2% of 2) 364.564.772
4 Independent monitoring cost (estimate) 500.000.000
5 Land survey cost 1.200.000.000
6 Spare cost (10% of 1+2) 1.842.968.901
Total (1+2+3+4+5) 22.337.222.683
The detail estimation cost for RP implementation are as follows:
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Total compensation and support cost (VND)
No Locality
Compesation for permanent affection Compensation
for temporary
affection
Assitance
Total cost Land
compensation
Plant
compensation Work creation
House under
transmission line
I Hoa Binh province 998.295.500 257.068.500 942.300.400 2.670.175.000 10.104.690.228 14.972.529.628
1 Hoa Binh town 277.530.000 75.720.000 227.600.000 694.100.000 3.022.295.082 4.297.245.082
Tan Thinh ward 26.840.000 7.320.000 16.100.000 67.100.000 1.205.271.300 1.322.631.300
Huu Nghi ward 68.486.000 18.690.000 37.500.000 171.325.000 351.670.671 647.671.671
Hoa Binh commune 19.448.000 5.310.000 22.500.000 48.675.000 532.533.196 628.466.196
Tan Hoa ward 82.698.000 22.560.000 52.500.000 206.800.000 795.695.598 1.160.253.598
Yen Mong commune 80.058.000 21.840.000 99.000.000 200.200.000 137.124.317 538.222.317
2 Ky Son district 305.999.000 72.047.000 395.700.400 895.350.000 1.669.539.709 3.338.636.109
Ky Son town 23.465.000 1.263.500 23.192.800 117.325.000 165.246.300
Dan Ha commune 123.155.000 27.313.500 153.521.200 379.550.000 32.604.073 716.143.773
Mong Hoa commune 60.555.000 16.530.000 101.986.400 151.525.000 782.545.659 1.113.142.059
Dan Hoa commune 98.824.000 26.940.000 117.000.000 246.950.000 854.389.976 1.344.103.976
3 Luong Son district 414.766.500 109.301.500 319.000.000 1.080.725.000 5.412.855.438 7.336.648.438
Lam Son commune 136.455.000 37.230.000 164.300.000 341.275.000 679.260.000
Luong Son town 38.269.000 10.440.000 12.000.000 95.700.000 431.550.915 587.959.915
Hoa Son commune 240.042.500 61.631.500 142.700.000 643.750.000 4.981.304.523 6.069.428.523
II Hanoi City 284.919.000 67.183.900 2.142.440.600 2.906.753 758.258.700 3.255.708.953
1 Quoc Oai district 284.919.000 67.183.900 2.142.440.600 2.906.753 758.258.700 3.255.708.953
Dong Yen commune 118.192.500 32.050.900 1.029.413.500 1.357.458 758.258.700 1.939.273.058
Can Huu commune 85.405.000 18.149.000 618.027.400 791.775 722.373.175
Thach Han commune 36.260.000 7.154.000 310.404.800 342.020 354.160.820
Dong Quang commune 45.061.500 9.830.000 184.594.900 415.500 239.901.900
Total 1.283.214.500 324.252.400 3.084.741.000 2.673.081.753 10.862.948.928 18.228.238.581
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Land compensation cost for foundation
No. Locality Land type (m2) Price unit (VND/m2) Cost (VND) Total cost
(VND) Rice Perennial Pond Rice Perennial Pond Rice Perennial Pond
I Hoa Binh province 1071 16885,1 0 69.615.000 928.680.500 0 998.295.500
1 Hoa Binh town 0 5046 0 0 277.530.000 0 277.530.000
Tan Thinh ward 0 488 0 65.000 55.000 35.000 0 26.840.000 0 26.840.000
Huu Nghi ward 0 1245,2 0 65.000 55.000 35.000 0 68.486.000 0 68.486.000
Hoa Binh commune 0 353,6 0 65.000 55.000 35.000 0 19.448.000 0 19.448.000
Tan Hoa ward 0 1503,6 0 65.000 55.000 35.000 0 82.698.000 0 82.698.000
Yen Mong commune 0 1455,6 0 65.000 55.000 35.000 0 80.058.000 0 80.058.000
2 Ky Son district 802 4615,8 0 52.130.000 253.869.000 0 305.999.000
Ky Son town 361 0 0 65.000 55.000 35.000 23.465.000 0 0 23.465.000
Dan Ha commune 441 1718 0 65.000 55.000 35.000 28.665.000 94.490.000 0 123.155.000
Mong Hoa commune 0 1101 0 65.000 55.000 35.000 0 60.555.000 0 60.555.000
Dan Hoa commune 0 1796,8 0 65.000 55.000 35.000 0 98.824.000 0 98.824.000
3 Luong Son district 269 7223,3 0 17.485.000 397.281.500 0 414.766.500
Lam Son commune 0 2481 0 65.000 55.000 35.000 0 136.455.000 0 136.455.000
Luong Son town 0 695,8 0 65.000 55.000 35.000 0 38.269.000 0 38.269.000
Hoa Son commune 269 4046,5 0 65.000 55.000 35.000 17.485.000 222.557.500 0 240.042.500
II Hanoi City 2547,7 1673,7 779 165.600.500 92.053.500 27.265.000 284.919.000
1 Quoc Oai district 2547,7 1673,7 779 165.600.500 92.053.500 27.265.000 284.919.000
Dong Yen commune 858,7 638,4 779 65.000 55.000 35.000 55.815.500 35.112.000 27.265.000 118.192.500
Can Huu commune 857 540 0 65.000 55.000 35.000 55.705.000 29.700.000 0 85.405.000
Thach Han commune 392 196 0 65.000 55.000 35.000 25.480.000 10.780.000 0 36.260.000
Dong Quang commune 440 299,3 0 65.000 55.000 35.000 28.600.000 16.461.500 0 45.061.500
Total 3618,7 18558,8 779 235.215.500 1.020.734.000 27.265.000 1.283.214.500
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Plant compensation cost for foundation
No. Locality
Plant, domestic animal Price unit Cost (VND) Total cost
(VND) Rice
(m2)
Perennial
(pcs)
Pond
(m2)
Rice
(VND/m2)
Perennial
(đ/cây)
Pond
(VND/m2) Rice Perennial Pond
I Hoa Binh province 1071 8444 0 3.748.500 253.320.000 0 257.068.500
1 Hoa Binh town 0 2524 0 0 75.720.000 0 75.720.000
Tan Thinh ward 0 244 0 3.500 30.000 10.000 0 7.320.000 0 7.320.000
Huu Nghi ward 0 623 0 3.500 30.000 10.000 0 18.690.000 0 18.690.000
Hoa Binh commune 0 177 0 3.500 30.000 10.000 0 5.310.000 0 5.310.000
Tan Hoa ward 0 752 0 3.500 30.000 10.000 0 22.560.000 0 22.560.000
Yen Mong commune 0 728 0 3.500 30.000 10.000 0 21.840.000 0 21.840.000
2 Ky Son district 802 2308 0
2.807.000 69.240.000 0 72.047.000
Ky Son town 361 0 0 3.500 30.000 10.000 1.263.500 0 0 1.263.500
Dan Ha commune 441 859 0 3.500 30.000 10.000 1.543.500 25.770.000 0 27.313.500
Mong Hoa commune 0 551 0 3.500 30.000 10.000 0 16.530.000 0 16.530.000
Dan Hoa commune 0 898 0 3.500 30.000 10.000 0 26.940.000 0 26.940.000
3 Luong Son district 269 3612 0
941.500 108.360.000 0 109.301.500
Lam Son commune 0 1241 0 3.500 30.000 10.000 0 37.230.000 0 37.230.000
Luong Son town 0 348 0 3.500 30.000 10.000 0 10.440.000 0 10.440.000
Hoa Son commune 269 2023 0 3.500 30.000 10.000 941.500 60.690.000 0 61.631.500
II Hanoi City 2547,7 837 779 17.833.900 37.665.000 11.685.000 67.183.900
1 Quoc Oai district 2547,7 837 779 17.833.900 37.665.000 11.685.000 67.183.900
Dong Yen commune 858,7 319 779 7.000 45.000 15.000 6.010.900 14.355.000 11.685.000 32.050.900
Can Huu commune 857 270 0 7.000 45.000 15.000 5.999.000 12.150.000 0 18.149.000
Thach Han commune 392 98 0 7.000 45.000 15.000 2.744.000 4.410.000 0 7.154.000
Dong Quang commune 440 150 0 7.000 45.000 15.000 3.080.000 6.750.000 0 9.830.000
Total 3618,7 9281 779 21.582.400 290.985.000 11.685.000 324.252.400
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Compensation cost for temporary affection
No. Locality
Plant, domestic animal Price unit (đ/unit) Cost (VND) Total
(VND) Rice
(m2)
Citronella
(m2)
Perennial
(pcs)
Longan
(cây)
Banana
(cây)
Pond
(m2) Rice Citronella Perennial Longan Banana Pond Rice Citronella Perennial Longan Banana Pond
I Hoa Binh province 26708 550 25037 1730 750 0
101.490.400 5.500.000 751.110.000 69.200.000 15.000.000 0 942.300.400
1 Hoa Binh town 0 0 7280 230 0 0
0 0 218.400.000 9.200.000 0 0 227.600.000
Tan Thinh ward 0 0 230 230 0 3.800 10.000 30.000 40.000 20.000 10.000 0 0 6.900.000 9.200.000 0 0 16.100.000
Huu Nghi ward 0 0 1250 0 3.800 10.000 30.000 40.000 20.000 10.000 0 0 37.500.000 0 0 0 37.500.000
Hoa Binh commune 0 0 750 0 3.800 10.000 30.000 40.000 20.000 10.000 0 0 22.500.000 0 0 0 22.500.000
Tan Hoa ward 0 0 1750 0 3.800 10.000 30.000 40.000 20.000 10.000 0 0 52.500.000 0 0 0 52.500.000
Yen Mong commune 0 0 3300 0 3.800 10.000 30.000 40.000 20.000 10.000 0 0 99.000.000 0 0 0 99.000.000
2 Ky Son district 26708 0 9807 0 0 0
101.490.400 0 294.210.000 0 0 0 395700400
Ky Son town 2156 0 500 0 3.800 10.000 30.000 40.000 20.000 10.000 8.192.800 0 15.000.000 0 0 0 23.192.800
Dan Ha commune 11924 0 3607 0 3.800 10.000 30.000 40.000 20.000 10.000 45.311.200 0 108.210.000 0 0 0 153.521.200
Mong Hoa commune 12628 0 1800 0 3.800 10.000 30.000 40.000 20.000 10.000 47.986.400 0 54.000.000 0 0 0 101.986.400
Dan Hoa commune 0 0 3900 0 3.800 10.000 30.000 40.000 20.000 10.000 0 0 117.000.000 0 0 0 117.000.000
3 Luong Son district 0 550 7950 1500 750 0
0 5.500.000 238.500.000 60.000.000 15.000.000 0 319.000.000
Lam Son commune 0 380 5050 450 0 3.800 10.000 30.000 40.000 20.000 10.000 0 3.800.000 151.500.000 0 9.000.000 0 164.300.000
Luong Son town 0 0 200 300 0 3.800 10.000 30.000 40.000 20.000 10.000 0 0 6.000.000 0 6.000.000 0 12.000.000
Hoa Son commune 0 170 2700 1500 0 3.800 10.000 30.000 40.000 20.000 10.000 0 1.700.000 81.000.000 60.000.000 0 0 142.700.000
II Hanoi City 173028,8 102 0 0 60 61874,6 1.211.201.600 1.020.000 0 0 2.100.000 928.119.000 2.142.440.600
1 Quoc Oai district 173028,8 102 0 0 60 61874,6
1.211.201.600 1.020.000 0 0 2.100.000 928.119.000 2.142.440.600
Dong Yen commune 58740,5 80 41162 7.000 10.000 45.000 35.000 15.000 411.183.500 800.000 0 0 0 617.430.000 1.029.413.500
Can Huu commune 54283,2 22 15855 7.000 10.000 45.000 35.000 15.000 379.982.400 220.000 0 0 0 237.825.000 618.027.400
Thach Han commune 35584,4 0 4087,6 7.000 10.000 45.000 35.000 15.000 249.090.800 0 0 0 0 61.314.000 310.404.800
Dong Quang commune 24420,7 0 60 770 7.000 10.000 45.000 35.000 15.000 170.944.900 0 0 0 2.100.000 11.550.000 184.594.900
Tổng 199736,8 652 25037 1730 810 61874,6 1.312.692.000 6.520.000 751.110.000 69.200.000 17.100.000 928.119.000 3.084.741.000
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement Plan
Institute of Energy - IE 56
Cost for work creation
No. Locality Land type (m2) Price unit (VND/m2) Cost (VND) Total cost
(VND) Rice Perennial Pond Rice Perennial Pond Rice Perennial Pond
I Hoa Binh province 1.071 8.444 0 348.075.000 2.322.100.000 0 2.670.175.000
1 Hoa Binh town 0 2.524 0 0 694.100.000 0 694.100.000
Tan Thinh ward 0 244 0 325.000 275.000 175.000 0 67.100.000 0 67.100.000
Huu Nghi ward 0 623 0 325.000 275.000 175.000 0 171.325.000 0 171.325.000
Hoa Binh commune 0 177 0 325.000 275.000 175.000 0 48.675.000 0 48.675.000
Tan Hoa ward 0 752 0 325.000 275.000 175.000 0 206.800.000 0 206.800.000
Yen Mong commune 0 728 0 325.000 275.000 175.000 0 200.200.000 0 200.200.000
2 Ky Son district 802 2.308 0
260.650.000 634.700.000 0 895.350.000
Ky Son town 361 0 0 325.000 275.000 175.000 117.325.000 0 0 117.325.000
Dan Ha commune 441 859 0 325.000 275.000 175.000 143.325.000 236.225.000 0 379.550.000
Mong Hoa commune 0 551 0 325.000 275.000 175.000 0 151.525.000 0 151.525.000
Dan Hoa commune 0 898 0 325.000 275.000 175.000 0 246.950.000 0 246.950.000
3 Luong Son district 269 3.612 0
87.425.000 993.300.000 0 1.080.725.000
Lam Son commune 0 1.241 0 325.000 275.000 175.000 0 341.275.000 0 341.275.000
Luong Son town 0 348 0 325.000 275.000 175.000 0 95.700.000 0 95.700.000
Hoa Son commune 269 2.023 0 325.000 275.000 175.000 87.425.000 556.325.000 0 643.750.000
II Hanoi City 2.548 837 779 1.719.698 661.230 525.825 2.906.753
1 Quoc Oai district 2.548 837 779 1.719.698 661.230 525.825 2.906.753
Dong Yen commune 859 319 779 675 790 675 579.623 252.010 525.825 1.357.458
Can Huu commune 857 270 0 675 790 675 578.475 213.300 0 791.775
Thach Han commune 392 98 0 675 790 675 264.600 77.420 0 342.020
Dong Quang commune 440 150 0 675 790 675 297.000 118.500 0 415.500
Total 3.619 9.281 779 349.794.698 2.322.761.230 525.825 2.673.081.753
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement Plan
Institute of Energy - IE 57
Assitance cost for houses under transmission line
No. Locality Area
m2
Price unit for land
VND/m2
Price unit for house
VND/m2
Total cost
m2
I Hoa Binh province 3644 10.104.690.228
1 Hoa Binh town 997 3.022.295.082
Tan Thinh ward 377 1.200.000 3.195.723 1.205.271.300
Huu Nghi ward 110 1.200.000 3.195.723 351.670.671
Hoa Binh commune 196 600.000 3.195.723 532.533.196
Tan Hoa ward 262 1.000.000 3.195.723 795.695.598
Yen Mong commune 52 500.000 3.195.723 137.124.317
2 Ky Son district 608 1.669.539.709
Ky Son town 0 0
Dan Ha commune 12 600.000 3.195.723 32.604.073
Mong Hoa commune 272 800.000 3.195.723 782.545.659
Dan Hoa commune 324 500.000 3.195.723 854.389.976
3 Luong Son district 2039 5.412.855.438
Lam Son commune 0 500.000 3.195.723 0
Luong Son town 150 800.000 3.195.723 431.550.915
Hoa Son commune 1889 500.000 3.195.723 4.981.304.523
II Hanoi City 367 758.258.700
1 Quoc Oai district 367 758.258.700
Dong Yen commune 367 480.000 2.403.000 758.258.700
Can Huu commune 0 0
Thach Han commune 0 0
Dong Quang commune 0 0
Total 4011 10.862.948.928
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement
Plan
Institute of Energy - IE 58
Ap
pe
nd
ix
es
1. Pictures of Project Areas
2. Entitlement Matrix
3. Agreements on Station Location and T/L Routes
4 Minutes of Community Meetings
5. Sample of ‘Questionnaire’
6. Socio-economic Household Data Sheet of DPs
7. Inventory of Project Affected People
8. Interests detail of Project Affected People
9. Photo and relevant map
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement Plan
Institute of Energy - IE 59
Appendix 1
Project Areas
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Appendix 2
Entitlement Matrix
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Entitlement Matrix
No Type of loss Application
Definition of
entitled DPs Compensation Policy Implementation Issues
1 Temporary
acquisition of
productive land
in ROW
All DPs
have trees,
crops, other
assets in
ROW
DPs
with/without
land certificate
included in the
inventory or
able to prove
land occupancy
prior to cut-off
date.
• Cash compensation for affected trees at
the replacement cost plus cost for cutting
trees, crops at market price. Number of crop
patterns to be compensated based on the
time of temporarily acquired of land.
• No compensation for land
• Rehabilitate land after the project
construction.
• Trees have to be cut are regulated by Article 7 of
the Government Decree 54/1999/ND-CP, July 8,
1999 on the protection of the high voltage
networks.
• PMB and local authorities determine and ensure
that compensation for trees will be at the
replacement cost and for crops at the market price.
If DP is requested for cutting affected trees, PMB
will pay money for this work. DP has right for
using salvageable trees.
• Full compensation at least 01 month before
land clearance. Payment to DPs will be delivered
by PMB and Resettlement Committees (RCs).
• Affected land in ROW will be rehabilitated by
contractors after the project constructionand land
could be used with the restricted purposes.
• Finance available for compensation and well
information disclose/ disseminate
2 Temporary
acquisition of
residential and
garden land in
ROW without
house or
structures in
ROW
All DPs
with
orchards or
trees in
ROW
-do- • Cash compensation for affected fruit trees
and trees at replacement cost.
• No compensation for land
• Rehabilitate land after the project
construction.
• Trees have to be cut are regulated by Article 7 of
the Government Decree 54/1999/ND-CP, July 8,
1999 on the protection of the high voltage
networks.
• PMB and local authorities determineand ensure
that compensation for trees will be at the
replacement cost. If PAP is requested for cutting
affected trees, PMB will pay money for this
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement Plan
Institute of Energy - IE 2
No Type of loss Application
Definition of
entitled DPs Compensation Policy Implementation Issues
work. DP has right for using salvageable trees.
• Full compensation to DPs at least 01 month
before land clearance. Affected land in ROW will
be rehabilitated by contractors after the project
construction
• Payment to DPs will be delivered by PMB and
RCs
• Finance available for compensation and well
information disclose/disseminate
3 Temporary
impact on
residentialand
garden land.
Partial
house/building
within ROW
(area in ROW
less than 20% of
total area) and
the demolished
area does not
impact to the
remaining
house/building.
Residential land
and garden land
outside of ROW
is sufficient for
re-organizing
(more than 60
All DPs
have
house/buildi
ng and
trees/fruit
trees in
ROW
-do- House/ building:
• DP can opt for :
( i) Remain their houses or building in
ROW with the conditions regulated by
Article 8 of the Government Decree
54/1999/ND-CP, July 8th, 1999 on the
protection of the high voltage networks.
Subsidy allowance for fireproof materials
and lightning arrestors for the existing
house/building; or
(ii) Cash compensation for the directly
affected rooms at the replacement cost and
cost for demolishing an affected room .
• No compensation for land.
- Rehabilitate land after the project
construction by contractors.
• House and building have to be demolished or
could be existed are regulated by Article 8 of the
Government Decree 54/1999/ND-CP, July 8, 1999
on the protection of the high voltage networks.
• Consultation for DP’s options on remains their
house in ROW or move out of ROW.
• PMB and local authorities determine and
ensure that compensation will be at the
replacement cost, without deduction for
salvageable materials
• DPs will demolish the impacted part/ room and
reconstruct/or improve their houses themselves.
• Full compensation for trees and fruit trees at
least 01 month before land clearance. If DP is
requested for cutting affected trees, PMB will pay
money for this work. DP has right for using
salvageable trees.
• Full entitlement to DPs impacted on
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement Plan
Institute of Energy - IE 3
No Type of loss Application
Definition of
entitled DPs Compensation Policy Implementation Issues
m2 in the urban
area and 100 m2
in the rural
area).
Tree and fruit tree:
• Compensation for affected trees and fruit
trees at the replacement cost.
Allowances:
• Relocating allowance of 30 kg of rice
equivalent per person per month in six
months.
house/building at least 03 monthsbefore land
clearance.
• Payment to DPs will be delivered by PMB and
RCs
• land in ROW could be used with restricted
purposes.
• Finance available for compensation and well
information disclose/ disseminate
4 Temporary
impact on
residential and
or garden land.
Impact more
than 20% or less
than 20% of
total
house/building
area but the
demolished area
will impact to
the remaining of
house/structure .
Land outside of
ROW is
sufficient for
reorganizing
(more than 60
m2 in the urban
area and 100 m2
in the rural
All DPs
have
house/buildi
ng and
trees/fruit
trees in
ROW
-do- House/building:
• DP can opt for :
(i) Remain their houses or building in ROW
with the conditions regulated by Article 8 of
the Government Decree 54/1999/ND-CP,
July 8th, 1999 on the protection of the high
voltage networks. Subsidy allowance for
fireproof materials and lightning arrestors
for the existing house/building; or
(ii) Cash compensation at replacement cost
for full areas of impacted house/building.
• No compensation for land.
• Rehabilitate land after the project
construction by contractors.
Tree and fruit tree:
• Compensation for affected trees and fruit
• House and building have to be demolished or
could be existed are regulated by Article 8 of the
Government Decree 54/1999/ND-CP, July 8th,
1999 on the protection of the high voltage
networks.
• Consultation for DP’s options on remain their
house in ROW or move out of ROW
• PMB and local authorities determine and ensure
that compensation will be replacement cost at the
time of payment.
• DPs will demolish the impacted areas and
reconstruct/or improve their houses themselves.
• Full compensation for trees and fruit trees to DPs
at least 01 month before land clearance. If DP is
requested for cutting affected trees, PMB will pay
money for this work. PAP has right for using
salvageable trees.
• Full compensation for impacted house and
allowances to DPs at least 03 months before land
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No Type of loss Application
Definition of
entitled DPs Compensation Policy Implementation Issues
area). trees at the replacement cost.
Allowances:
• Relocating allowance of 30 kg of rice
equivalent per person per month in six
months.
clearance.
• Payment to DPs will be delivered by PMB and
RCs
• Cleared residential could be reused with
restricted purposes.
• Finance available for compensation/
rehabilitation and well information disclose/
disseminate
5 Temporary
impact on
residential and
or garden land
in ROW. Full
or partial
house/building
impacted and
land outside of
is not sufficient
for reorganizing
(less than
60 m2 in the
urban area and
100 m2 in the
rural area)
All DPs have
house/buildin
g and trees,
fruit trees in
ROW
-do- DPs can opt for one of the followings:
(i) Remain their houses or building in
ROW with the conditions regulated
by Article 8 of the Government
Decree 54/1999/ND-CP, July 8th,
1999 on the protection of the high
voltage networks. Subsidy allowance
for fireproof materials and lightning
arrestors for the existing
house/building; or
(ii) Cash compensation for the whole
residential area which PAP occupied
(not only for the impacted areas) and
properties associated with occupied
land at replacement cost. Impacted
land will be obtained by local
authorities; or
(iii) “Land for land” with the same area
• House and building have to be demolished or
could be existed are regulated by Article 8 of the
Government Decree 54/1999/ND-CP, July 8th,
1999 on the protection of the high voltage
networks.
• Consultation for DP’s options on remain their
house in ROW or move out of ROW
• PMB and local authorities determine and ensure
that compensation will be at replacement cost at
the time of payment.
• Replacement land, and resettlement sites
development.
• PAP receive
• PAPs receiving compensation will demolish the
impacted areas and reconstruct/or improve their
houses themselves.
• Full compensation for trees and fruit trees to DPs
at least 01 month before land clearance. If DP is
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement Plan
Institute of Energy - IE 5
No Type of loss Application
Definition of
entitled DPs Compensation Policy Implementation Issues
DP occupied and cash at replacement
cost for the affected assets
associated with land. Land occupied
by DP will be obtained by local
authorities.
• Compensation for affected trees and fruit
trees at the replacement cost.
Allowances:
• Relocating allowance of 30 kg of rice
equivalent per person per month in six
months
• Transportation allowance for relocating
PAP according to the Compensation Decree
22/1998 CP dated April 22, 1998 of GOV.
• Rehabilitation assistance if DPs
permanently losing business or more than
25% of their incomes.
• Incentive for relocating in a timely manner:
5,000,000 VND/HH
requested for cutting affected trees, PMB will pay
money for this work. DP has right for using
salvageable trees.
• Full compensation for land impacted house and
allowances to DPs at least 05 months before land
clearance.
• Payment to DPs will be delivered by PMB and
RCs
• Cleared residential could be used with restricted
purposes.
• Finance/ land available for compensation/
rehabilitation and well information disclose/
disseminate.
• PMB consult with DP who are eligible to
rehabilitation for their options and prepare
proposal for rehabilitation programs in the period
of RP implementation.
6 Permanent
acquisition of
land for tower
foundations,
substation and
access roads etc.
All DPs
occupied
land and
properties
associated
with land
permanently
impacted by
towers
-do- For DP losing productive land:
a. Land loss less than 25% of their total
landholdings
• Cash compensation for the lost area if the
remaining plot is still economically viable.
• Cash compensation for the whole impacted
plot if the remaining plot is not
• Consultation for DP’s options on land
compensation.
• PMB and local authorities determine and ensure
that compensation will be at replacement cost at
the time of payment.
• Replacement land, and resettlement sites
development.
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement Plan
Institute of Energy - IE 6
No Type of loss Application
Definition of
entitled DPs Compensation Policy Implementation Issues
foundations,
substation
and access
roads etc.
economically viable.
• Cash compensation for properties
associated with land
b. Land loss equal or more than 25% of
their total landholdings:
DP can opt for the followings:
(i) “Land for land” with the same area and
productive of impacted area if the remaining
plots are still economic-viable and for the
whole impacted plots if the remaining plots
are not economic-viable.
(ii) Cash for land at the replacement cost.
• Compensation for trees and affected fruit
trees at the replacement cost.
• Rehabilitation assistance.
1.20.1.2 For PAP losing Residential and
garden land:
• If remaining land is sufficient for
reorganizing (more than 60 m2 in the urban
area and 100 m2 in the rural area): Cash
compensation for lost area and assets
associated with land.
• If remaining land is not sufficient for
reorganizing:
DP can opt for
(i) cash compensation at replacement cost for
• DPs receiving compensation will demolish the
impacted areas and reconstruct/or improve their
houses themselves.
• Full compensation for trees and fruit trees to DPs
at least 01 month before land clearance. If DP is
requested for cutting affected trees, PMB will pay
money for this work. DP has right for using
salvageable trees.
• Full compensation for impacted house and
allowances to DPs at least 05 months before land
clearance.
• No award civil work contract before completion
of compensation and reorganizing houses or
relocation.
• Payment to DPs will be delivered by PMB and
RCs
• Finance/ land available for compensation/
rehabilitation and well information disclose/
disseminate.
• PMB consult with DP who are eligible to
rehabilitation for their options and prepare proposal
for rehabilitation programs in the period of RP
implementation.
• DPs will be granted with Land Use Right
Certificate
without payment of administrative fees.
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement Plan
Institute of Energy - IE 7
No Type of loss Application
Definition of
entitled DPs Compensation Policy Implementation Issues
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 DP of categories 3 or 4 or 5.
7 DP impacted on
business or other
services
All DPs
impacted on
business and
other services
-do- (a) Temporary impact on business or other
services.
Compensation for income lost in the affected
time
(b) Permanent impact on business or other
services.
Rehabilitation assistance.
• Full compensation for incomes lost to DPs at
least 01 month before land clearance.
• PMB consult with DP who are eligible to
rehabilitation for their options and prepare
proposal for rehabilitation programs in the period
of RP implementation.
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Hoa Binh – Tay Ha Noi 220kV Transmission Line Resettlement Plan
Institute of Energy - IE 8
Appendix3
Legal documents
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Appendix 4
Minutes of Community Meetings
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Appendix 5
Sample of ‘Questionnaire’
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Appendix 9
Photos
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