RP82 VOL. 23 ELECTRICITY OF VIETNAM SOUTHERN POWER PROJECT MANAGEM SYSTEM EFFICIENCt\IMPROVEMENT, EQUITIZATION AND RENEWABLE PROJECT (Credit No. 3680&2VN) -s~~ -sF s HAM THUAN PHAN THIET 2 VF TRANSMISSION LINE Code: 33017 RESETTLEMENT ACTION PLAN I-, 'I.~ ~ ~ ~ i, Dec, 2005. e r PECS T VU ISO 9001:2000 QUAUITY MANAGEMENT SYSTEM 1IS9OD :Ol200 WQT VVJ XAY D h4 0I$N Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
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RP82VOL. 23
ELECTRICITY OF VIETNAMSOUTHERN POWER PROJECT MANAGEM
SYSTEM EFFICIENCt\IMPROVEMENT, EQUITIZATION AND RENEWABLE PROJECT
(Credit No. 3680&2VN)-s~~ -sF s
HAM THUAN PHAN THIET 2 VFTRANSMISSION LINE
Code: 33017
RESETTLEMENT ACTION PLAN
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Dec, 2005. e r PECST VU ISO 9001:2000
QUAUITY MANAGEMENT SYSTEM 1IS9OD :Ol200 WQT VVJ XAY D h4 0I$N
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ELECTRICITY OF VIETNAMSOUTHERN POWER PROJECT MANAGEMENT BOARD
SYSTEM EFFICIENCY IMPROVEMENT, EQUITIZATIONAND RENEWABLE PROJECT
(Credit No. 3680 - VN)
HAM THUAN - PHAN THIET 220kVTRANSMISSION LINECode: 33017
RESETTLEMENT ACTION PLAN
Head of Department Duong Thi Thanh TrucProject Director Duong Thi Thanh Truc Member Tran Quang Khai
Tran Nguyen Quang Huy
HCMC, Dec 15th, 2005POWER ENGINEERING & CONSULTING COMPANY No.3
DORECTOR
Li lCC31 *\; * CTVN 1, *
DANG THI KHANH BINH
Dec, 2005
I
Electricity of Vietnam Ham Thuan - Phan Thiet 220kV Transmission lineSouthem Power Project Management Board Resettlement Action Plan
EVN Electricity of VietnamDMS Detail measurement surveyGOV GovernmentPAH: Project Affected HouseholdPAP Project Affected PeoplePC People's CommitteePECC3 Power Engineering & Consulting Company No.3RCC Resettlement & Compensation CommitteeROW Right of wayRAP Resettlement Action PlanSPPMB Southern Power Project Management BoardVND Viet Nam DongWB World Bank
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Electricity of Vietnam Ham Thuan - Phan Thiet 220kV Transmission lineSouthern Power Project Management Board Resettlement Action Plan
LIST OF TABLE
Table 1.1 Estimated affection of
Table 3.1 Entitlement matrix
Table 3.2 Subsidy allowances of the project
Table 4.1 Statistic of temporary acquired land area
Table 4.2 Statistic of permanent acquired land area
Table 4.3 Statistic of affected housesTable 4.4 Total impacts of Ham Thuan - Phan Thiet 220KV transmission lineTable 5.1 Provincial compensation and resettlement board personnel of the
project
Table 6.1 RAP implementation schedule
Table 7.1 Compensation cost
Table 7.2 RAP execution costTable 7.3 Total cost for RAP implementation
ANPENDIXES
Anpendix 1 Drawings
Anpendix 2 Form of socio - economic survey
Anpendix 3 Results of socio - economic survey
Anpendix 4 Minutes of meeting on public consultation
tAnpendix 5 Pictures of meeting on public consultation and the project site
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EXECUTIVE SUMMARY
1. INITIAL INTRODUCTION
Ham Thuan - Phan Thiet 220 kV transmission line is proposed to come across Da Mi, La Da,Dong Giang, Dong Tien, Ham Tri, Ham Thuan, Thuan Minh, Ham Chinh and Ham Liemcommunes, Ham Thuan Bac district, Binh Thuan province. The investor of this project isSouthern Power Project Management Board.Main parameters of the project:
No. Item Amount, Code1 Voltage 220kV2 Numbers of circuit 013 Start point 220kV busbar of Ham Thuan 220kV
substation.4 End point 220kV busbar of Phan Thiet 220kV substation5 Total length 54,685m
2. SCOPE OF THE PROJECT - SOCIO-ECONOMIC PROFITS
- Enhance the reliability and safety in power supplying for local 110kV power network.
- Satisfy the additional charge demand of Binh Thuan province and adjacent areas in period2006-2010.
- Resist overload of existing 110kV power network, decrease electrical energy loss of 110kVpower network of the area.
3. TOTAL INVESTMENT - CAPITAL SOURCE
- Investor: Southern Power Project Management Board (SPPMB) - Electricity of Vietnam(EVN)
- Investing capital: 104,760,821,596 VND.- Capital source: From the remaining budget of "System Efficiency Improvement,
Equitization and Renewable" (SEIER) project, credit 3680-VN, borrowing from WorldBank.
4. IMPACTS OF THE PROJECT
Temporary impacts in the construction phase such as damages of trees and crops in theproject area caused by the construction of tower foundations and temporary roads forconstruction activities.
Permanent- impacts on trees, crops, houses, land and other architectural works due to theacquisition of land in order to construct tower foundations and access roads.
Permanent impacts on houses, structures in the operation stage due to violating the ROWstipulated in Govermnent Decree No.54/1999/ND-CP and the Decree No.1 18/2004/ND-CP.The survey results of the project are shown as follows:
- There are no households that need to be resettled.- There are no households that are acquired more than 25% of residential and agriculture
land area.- There are no impacts on natural preserving zones, vestiges, pagodas, sensitive areas
and ethnic minorities.- Total affected land area by the project is 1,214,112m2 including permanent acquired
land and need to be compensated is 18,590m2. Permanent acquired land is used fortower foundations construction.
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- Total affected households by the project are 90 households, including 63 householdshas got structures on land impacted. However, all PAHs don't need to be resettled inother places since they can build their houses on the remaining of their land.
5. ELIGIBILITY
The cut-off date of this RAP will be defined by RCC of the Project and proposed onFebruary 28 'h,20 05 .
Project affected households (PAHs) are all households, institutions or organizations owning,renting or using land (with or without legal paper) that are affected by this project.Households having incomes affected by this project are applied similarly.Households encroach into the project affected area after the cut-off day will not becompensated.6. RESETTLEMENT PRINCIPLES
The capital resource of this project is from the remaining budget of SEIER project, creditNo.3680-VN of WB. The policies applied in RAP of the SEIER project were approved byViet Nam Government and cleared by WB. So, the resettlement principles applied in thisRAP report followed the principles in RAP of the SEIER project, obeyed Vietnamese lawsand World Bank policy on involuntary resettlement (OD 4.30).
According to the Government Decree No 197/2004/ND-CP and resettlement principles ofWorld Bank, the resettlement and compensation program must be designed so as to allow theimprovement or at least the maintenance of living standards of PAPs as before the project.Both resettlement and land acquisition must be minimized as much as possible. Cashcompensation (for houses or structures, farm products,...) shall be paid at the prices that weresubmitted by RCC and approved by local PPC in order to reach the replace price for land,houses and the market price for trees, crops and other properties. The resettlement andcompensation program must be carried out in the progress on schedule and have anappropriate monitoring program.
7. ENTITLEMENT POLICIES
The resettlement principles applied in this project followed the principles in RAP of the mainproject and obeyed Vietnamese laws and World Bank policy on involuntary resettlement(OD 4.30). The policies were approved by Viet Nam Government and cleared by WB.
The affected land area less than 25% total area is compensated in price which would beapproved by PPC. The affected land area equal or more than 25% total area is compensatedin cash: i) for the affected land area if the remains are still valuable; ii) for total area if theremains are no longer valuable. Compensation costs applied in this report are definedfollowing the unit prices issued by PPC, actual compensation costs will be considered byRCC and submitted to PPC for approval.
The compensation for houses, farm product and properties related to land will be paid incash.
8. SUBSIDY ALLOWANCES
Subsidy allowances in cash for PAPs according to stipulation of Binh Thuan PPC and theDecree No.197/2004/ND-CP of GOV. These allowances are: for house moving (transportallowance: 3 millions VND/household); for resettlement (30 kg of rice /person/rrlonth in sixmonths); for difficulties of changing occupation to households that have been lost farmlandor income (01 million/person); in addition, PAHs also are entitled for timely movementincentive (5 millions/household in maximum).
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9. PUBLIC PARTICIPATION AND CONSULTATION
Public participation and consultation activities embrace of three steps:Step 1: In investigation process of scale, sphere of influence of Project, investigator willpresent overview of this project and take soundings from PAPs.
Step 2: Draft of this RAP report having collected and processed data will be performedPeople's Comrnittee of Binh Thuarn Prosvince.Step 3: Revised RAP report in accordance with province's agreement will be publicized bySouthern Power Project Management Board (SPPMB) and local authorities to PAPs forreference.10. COMPLAINTS AND GRIEVANCES
During the project implementation, PAP's complaints will be dealt with according to theComplain and Denounce Law of Vietnam and will be treated and guided fairly by relatedagencies. No addition fee will be paid for their complaints. The complaints mechanism isinstructed in chapter VIII of this RAP.
11. INSTITUTIONAL ARRANGEMENT
SPPMB is responsible for all operations of the project including RAP implementation.SPPMB will be helped and closely cooperated by People's Committee of Binh ThuanProvince as well as local relevant institutions.
12. SCHEDULE
The RAP implementation schedule is proposed as follows:
- Establishing resettlement committees at local levels, selecting an independentmonitoring agency; calculating compensative unit prices and consulting fromcommunity would be carried out within 01 month as from beginning of implementingof the project.
- Compensative payment for the project would be carried out within 03 months justafter PPC approved compensative unit prices and progress of the project implement.
- Receiving and clearing up complaints and grievances would be carried out as fromPPC approved compensative unit prices until end of the project.
- Monitoring will be carried out throughout the project implementation.
13. COST ESTIMATE
Total compensative costs are estimated about 4,458,994,100 VND, estimated cost forimplementation is about 901,827,205 VND. Total estimated cost for the resettlementprogram is about 6,191,748,607 VND including expenses for the inventory, supervision,management, internal monitoring, independent monitoring and 10% of estimated cost is forcontingency.
14. MONITORING AND EVALUATION
The implementation of RAP will be constantly supervised and monitored by SPPMB.Moreover, an independent consulting agency will be entrusted with independent monitoringtasks. The independent consulting agency selected by SPPMB will sign a contract just afterRAP approval and will begin supervision and monitoring activities from the beginning of theRAP implementation.
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CHAPTER 1
INTRODUCTION
1.1. TARGET OF THE PROJECT
- Enhancing the reliability and safety in power supply for 110kV power network, satisfyingthe additional charge demand of Binh Thuan province and adjacent areas in period 2006-2010.
- Resisting overload of existing 110kV power network, decrease capacity and electricalenergy loss of 11 OkV power network of the area.
1.2. PROJECT DESCRIPTION
- Investor : Electricity of Vietnam (EVN)
- Total investment cost :104,760,821,596 VND.
- Capital source from the remaining budget of "System EfficiencyImprovement, Equitization and Renewable" (SEIER) project, the credit No.3680-VN from WB.
Ham Thuan - Phan Thiet 220kV transmission line starts from the 220kV busbar of HamThuan 220kV substation to the 220kV busbar of Phan Thiet 220kV substation. Thetransmission line is proposed to come across Da Mi, La Da, Dong Giang, Dong Tien, HamTri, Ham Thuan, Thuan Minh, Ham Chinh and Ham Liem communes, Ham Thuan Bacdistrict, Binh Thuan province. The investor of the project is Southern Power ProjectManagement Board. The area came across by the route is belongs to Southern CentreVietnam. The route is 54,685m in length and has 19 glide angles.
- The transmission line is held up by zinc-plated steel towers, connected by bolt andinsulated by glass porcelain strings.
- Tower foundation is on-site founded by ferro-concrete; the size of foundationdepends on tower type, normally is 11.4 m x 11.4m.
- Average distance between two towers is 390m.
- Width of ROW is 22m.
- According to the safety standard of transmission line, the minimum safety distancefrom the line to the ground surface is 8m when the route goes across densepopulation area and is 7m when going across sparse population area.
1.3. AFFECTIONS OF THE PROJECT
Main impacts of the Ham Thuan - Phan Thiet 220kV transmission line include:
+ Permanent acquisition of land, trees, crops for the construction of tower foundation.
+ Temporary impacts in construction phase due to conductor stringing and temporary roadsfor transporting material.
+ Houses, works removing from Right of Way (ROW) following Decree No. 54/1999/ND-CP and Decree No. 11 8/2004/ND-CP.
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TABLE 1.1: ESTIMATED AFECTION OF THE PROJECT
Land acquisition Affected houses Affected tree
No Items Temporary Permanent Quantitv Area Annual Perennial
(m2) (m2) (m2) (m2) (tree)
1 Da Mi Commune 106,834 1,690
2 La Da Commune 230,160 3,510 7 256
3 Dong Giang Commune 44,976 650 9 682
4 Dong Tien Commune 129,120 1,950 5 244
5 Ham Tri Commune 103,050 1,560 5 240
6 Ham Phu Commune 165,422 2,600 9 472
7 Thuan Minh Commune 162,746 2,600 9 598
8 Ham Chinh Commune 137,862 2,080 13 974
9 Ham Liem Commune 115,352 1,820 6 258
Total 1,195,522 18,590 63 3,724 73,600 5,984
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CHAPTER 2
MITIGATION MEASURES
2.1. MEASURES DURING THE DESIGN STAGE
The transmission line location must be considered to appropriate with local planning, avoidintersect historical and cultural monuments, natural reserve area, resident area, productiveland and near transportation roads to facilitate material transportation... Result of mitigationmeasures are as follow:
- The transmission line is located to avoid going through local planning areas, andhas got the agreement with local PPC.
- The transmission line is located almost in paddy field that far from residentialand public area, historical and cultural monuments; therefore the proposedtransmission line avoids to damage properties of local inhabitants.
- The transmission line is located near traffic roads; therefore it is advantageous fortransporting material.
2.2. MEASURES DURING TIE CONSTRUCTION STAGE
In the construction stage, construction process and organization will be used and optimizedto ensure the complying with the current regulations of construction works and minimizethe negative impacts:
+ Construction method is finished for each item to minimize time of temporary landacquisition.
+ Construction company has to arrange working units reasonably in order to minimizethe impacts of trees and crops from ROW clearance.
+ h-In addition, construction works would be carried out after crops harvested in order tominimize the impacts on crops.
2.3. RESULTS OF EFFORTS
+ Permanent acquired land area that needs to be compensated is 18,59Gm2 , in which 45%(8,450m2 ) is paddy field and crop.
+ Impact on house has been reduced to the lowest level; there are 33 houses needing to beremoved and 30 corrugated iron roof houses needing to be grounded if continuing to standin ROW. However, this RAP estimates compensative cost for all 63 houses.
+ The project is a part of the local programming.
+ There is no impact on ethnic minorities.
+ The project does not intersect historical and cultural monuments, temples and pagodas oflocal residents.
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CHAPTER 3
RESETTLEMENT POLICY AND ENTITLEMENT
3.1. LEGAL FRAMEWORK
The capital source of this project is from the remaining budget of "System EfficiencyImprovement, Equitization and Renewable" project, credit No.3680-VN of WB financialsource. The policies applied in RAP of the main project was approved by Viet NamGovernment and cleared by WB. So, the resettlement policies applied in this projectfollowed the same policies of that project; Article 1, 2, 3, 4 of Decree 22/1998/ND-CPdated April 24h, 1998 of Vietnamese Government on compensation and resettlementand guideline OD 4.30 on involuntary resettlement of World Bank.
3.1.1. Related laws, decrees and regulations
1. The Land Law of Vietnam dated November 26th, 2003.2. The Government Decree No. 197/2004/ND-CP dated December 3rd, 2004 oncompensation for the damage when the State recover land for national defense, security,national interests and public interests.3. The Government Decree No.181/2004/ND-CP dated October 2 9 th, 2004 on theinstruction for The Land Law 2003.4. The Government Decree No.188/2004/ND-CP dated November 16th, 2004 on themethod the determining of the land price and frame price for types of land.5. The Circular No.114/2004/7T-BTC dated November 26th, 2004 of the Ministry ofFinance, on the instruction for Decree No.188/2004/ND-CP of the Government on themethod the determining of the land price and frame price for types of land.6. The Circular No.116/2004/17T-BTC dated November 26th, 2004 of the Ministry ofFinance, on the instruction for Decree No. 197/2004/ND-CP dated December 3 th, 2004 ofthe Government on compensation, support and resettlement when the State recoverland.7. The Government Decree No. 54/1999/ND-CP dated July 0 8 th, 1999 on safety protectionof high voltage electrical network and Government Decree No.118/2004/ND-CP dated May10'l', 2004 on adjustment of Decree No.54/1999/ ND-CP.8. The Government Decree No.1 18/2004/ND-CP dated May 1 0 th,2 0 0 4 on adjustment of theDecree No.54/1999/ ND-CP9. Circular No. 07/2001/TT-BCN of Department of Industry dated September 0 1", 2001 onimplementation guiding for some technical item stipulated in Government DecreeNo.54/1999/ND-CP dated July 08th, 1999 on safety protection of high voltage electricalnetwork.10. Circular No. 106/2002/TTLT/BTC-BCN dated Nov 22nd, 2002 of Ministry of Industryon the compensation and subsidy costs for high voltage power network project.11. The Decision No. 2667/QD-CTUBBT dated October 19 th, 2001 of Binh Thuan PPC onadjustment of compensative unit costs when Government recover land for constructingworks in Binh Thuan province area.In order to carry out RAP according to OD 4.30 of the World Bank, some law provisionsand decrees/circulars of Vietnam that not ensure the compensation according to thereplacement price or stipulating the provisions that not apply the compensation right and
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life recovery for the households who have not got valid documents in owning land will bedispensed from the applying by the Vietnam Government based on the approval RAPpolicies of the project credit.
3.1.2. Operational Directive for Involuntary Resettlement of the World Bank (OD4.30)
According to the Guidelines of World Bank in Involuntary Resettlement Policy, projectaffected persons (PAPs) will be ensured improving or maintaining the living standards asbefore having the project. In order to agree with operational directive of the World Bank(OD 4.30), all of PAPs that are listed will be compensated for lost properties. Only personswho settle at the site affected by the project after the statistical cut-off date are notcompensated.
Too, in order to agree with operational directive of the World Bank (OD 4.30), houses,structures, trees will be compensated according to substitution cost and farm produces,short-day crops will be compensated according to market costs.
3.1.3. Essential elimination
In order to implement RAP according to OD 4.30 of the World Bank, some provisions ofthe law or regulation of Vietnam that not ensure the compensation according to thereplacement price or stipulate the provisions that not apply the compensation right for theaffected households that not have valid documents in owning land will be dispensed fromthe applying. The provisions will be eliminated including:
(i) Damage compensated right - Decree 197/CP
Article 6 of Decree 197/CP (people that not be compensated for the loss of land) stipulate"People that is recovered land that not having one of conditions stipulated at Article 8 ofthis decree or offend against the plan that have been approved and promulgated at landusing time or offend against security corridor of work; people that occupied land illegallywill not be compensated for the lost land. In case of needing support, the province people'scommittee will considered at each specific case.
Article 18 of Decree 197/CP (The principle of compensation for lost property), section 2,stipulate "Owner of the property that locate in illegal land as stipulated at Article 7 of thisdecree will- be considered to support at each specific case by provincial People'sCommittee".
(ii) The land price for calculating compensation
According to the regulation of the Vietnamese Government, the compensation price iscalculated based on Decree 87/CP, 197/CP, 17/1998/ND-CP, decision 2667/QD-CTUBBTof Binh Thuan PPC and the actual land price in the province. The unit price for landcompensation will be submitted to the PPC for approval basing on the proposal ofDepartment of Price and Finance or Resettlement Compensation Committee (RCC) and beensured to equal the replacement price.
(iii) Compensation principle - Decree 197/CP
Article 19 of Decree 197/CP stipulates the compensation solutions for house, structure indifferent legal situations.
In order to ensure meeting the fundamental principles of RAP, waivers of applying Article19 and Article 20 of Decree 197/CP (in order to allow the households having affected house
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and structure to be compensated) were approved by Vietnam Government in compensative
policies of RAP of the WB's credit project.
(iv) Support policy for the people hiring house that is owned by the Government- Decree 197/CP
Article 21 of Decree 197/CP and Article 7 of Decision 4755/QD-UB-QLDT stipulate that
"PAPs are using the houses that be owned by the Govemrnment and located in the recoveredscope if do not want to continue hiring Government's houses will be entitled to
compensation at a rate equal 60% of the cost of the rented house and land".
3.2. DEFINITION AND LIMITATION OF ELIGIBILITY
The cut-off day of this RAP is proposed on February 28 th, 2005.
Project Affected Person (PAP) is individual, firm or institution with or without land
registration papers who owned, rented or used land, properties and business which are
affected by the project:
All PAPs will be entitled to full compensationfor their respective losses as long as they are
included in the PAP inventory list or can prove that they used the affected items before the
cut-off day. The same applies to PAPs whose incomes are affected by the project.
The cut-off date of this RAP has been fixed at the day of the inventory completion of DMS
(February 28th, 2005) and will be proclaimed by local authorities.
Encroachers who settled into the proposed affected areas after the cut-off date will not be
considered as PAPs therefore having no entitlement to compensation and resettlement. They
will be required to demolish their structures and cut the trees or harvest the crops for land
clearance to the project. In case necessary, they will be forced to remove out the proposed
project area. Nevertheless, they do not have to pay any fine or sanction.
3.3. RESETTLMEENT AND COMPENSATION PRINCIPLES
These principles obey the Vietnamese laws and World Bank policy on involuntary
resettlement. Vietnamese legislation and World Bank directives have been adapted to fit the
specific condition of the project as define below:
- Resettlement and compensation programs must be designed so as to allow the
improvement or at least the maintenance PAP's living standards as before executing the
project.
- Both resettlement and land acquisition must be minimized as much as possible.
- Resettlement distance must be minimized in case compensation is land-for land type.
- Cash compensation for houses/or structures shall be paid at the substitution cost; cash
compensation for farm produce shall be paid at the market-price.
- Resettlement period must be minimized and the cash of compensation should beprovided to PAPs before the beginning of the construction activities affecting them, no
land clearance if the full compensation have not been done yet.
- All of PAPs having houses and land located in the project area before the cut-off date
are entitled receiving compensation for their lost properties and/or income.
- Resettlement and compensation plan should be carried out with consultation of PAPand approval by local authorities.
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- Resettlement and compensation plan must provide adequate institutional arrangement to
warrant effectively and timely the proper implementation and monitoring.
- Financial and technical resources for the resettlement and compensation should be
available whenever required.
- The living standards and income in the new sites should be maintained or improved
more than before having the project.
- The regulations in this RAP will be enforceable as an official legal document after be
approved by the Government of Vietnam.
3.4. THE VALIDITY OF RIGHT CLAIMING COMPENSATION
Legal PAPs are all of the affected households and organizations in the list (with or without
legal paper of using land) or they can prove owning, hiring or using land and properties
relating to land before the cut-off date.
In addition, legal PAPs are the households and organizations that having affected profession
and/or business and income by the project due to temporary or endless recovery-of land or
different properties too.
3.5. COMPENSATION POLICY
Compensation for losses of farm products will be provided at the market prices approved by
PPC and calculated basing on average productivity of the last 3 years (according to
Circular 145 of Ministry of Finance). Compensation for houses, structures, trees, and other
assets will be provided at the substitution price approved by PPC.
Compensation for land losses less than 25% of total land of PAHs holding will be paid at
the substitution price approved by PPC for lost area and other losses in cash.
Compensation for land losses equal or more than 25%: cash compensation for acquired area
in case of remaining area still have economic value or for whole area in case of remaining
area have no economic value and other losses.
With partly impacted land: remaining area after acquisition with residential area less than
stipulated, this area will be reserved following requirement of land owner but have to
follow planning.
In case of residential area less than 30 m2 , this is insufficiency to build house then this area
is compensated as acquired land and government will revoke the whole area.
Compensation price will be defined according to tariffs established by the province and
based on the Decree 87-CP and the Circular 145 of the Ministry of Finance.
Due to the time from preparation to project execution can extend so the estimated price
could unsuitable to market price or substitution price at the time executing project.
Therefore all of prices will be checked again and adjusted if necessary when beginningRAP implementation.
Detail survey report will be carried out as soon as begin the project execution by
resettlement committee. The unit price will be assessed by Independent Monitoring
Agency and Provincial Finance Department at the executing time.
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3.6. IMPACT CATEGORIES AND ENTITLEMENT POLICY
By the nature of the project as described above and based on the surveys on the PAPs, theimpacted categories could be classified as below:
3.6.1. Temporary Impacts
All of households have lands, crops, trees or structure locating in coLTidor of transrnissionline, surrounding area of tower foundation, in the temporary service roads which areaffected only during the construction period.
Category 1: The households have trees, crops, which are damaged temporarily by theproject during the construction period due to material transport or pulling electric wire.
3.6.2. Permanent Impact
The households have land and properties that will be recovered permanently for the towerfoundations and the permanent roads for construction and maintenance of the project. All ofhouseholds have house (total or a part of house area) or structure, or trees -located incorridor of the transmission line, which need to be removed, demolished, or cut.Category 2: The households have house or structure which are partially dismantled and thedismantled portion will not affect to the safety of the entire house or structure and will berebuilt in adjacent areas of the same owner. Impact on clearing away for residential areaswill be temporary and it can be reused for restricted puRAPoses.Category 3: The households have house or structure which is partially or totally dismantled(and the dismantled portion more than 25% house area or lower than 25% but unsafe forhouse structure), still having land for rebuilt.Category 4: The households have house or structure which are partially or totallydismantled, (and the dismantled portion more than 25% house area or lower than 25% butunsafe for house structure), but does not have spare residential land for reconstructinghouse.Category 5: The households have agricultural land which will be acquired permanently bythe project including the construction of tower foundations and permanent roads formanager and maintenance of the project.Category 6: The households have the job or other services are affected by the project.Basing on the investigation and compensative standards, the classification table oncompensative standards is prepared as below:
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TABLE 3: ENTITLEMEN MATRIX
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Table 3.1: ENTITLEMEN MATRIX
TYPE TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTARY MEASURESSTANDARD
I Temporary acquisition All of PAPs The households with or Cash compensation for: - Compensation for the affected trees will be
of lands, trees, crops in without land registration The affected trees based on the type and age at the substitution prices approved by PPC.
the corridor of paper or able to prove The crops based on the crop type and average - Compensation is executed before clearing
transmission line occupancy or using productivity of the last 3 years. The quantity away at least I month.
lands prior to cut-off of crop will be compensated by affected time. - Information on compensation must be
date are listed. announced widely.
2 Partial dismantled Households The households with or Cash compensation for the directly affected - Compensation will be executed before
House/structure losing less than without land/house rooms plus the walls based on type of house. clearing away at least I month.
(impact less than 25% 25% of their registration paper are Not compensating for land. - Information on compensation must be
and no cause unsafe house and listed. announced widely.
for remaining relativestructures) with spare residential land
land for reconstruction. area.
3 Partial or total Households The households with or - Cash compensation for the directly affected -Project Manager Board and local authorities
dismantled losing more or without land/house area at the substitution price approved by PPC determine and ensure the compensation price
house/structure less than 25% of registration paper are and dismantled spending. to be calculated at substitution price
(impact more or less their house but listed. - Compensating for affected land approved by PPC not including salvaged
than 25% but can can cause,unsafe - Relocation allowance of 30kg of rice per materials and dismantled costs.
cause unsafe for the for the remaining person per month in 6 months. - Households receiving compensation will
remaining structure) structure... - Transport allowance. reconstruct their house themselves.
with spare land for - Allowance of timely movement incentive. - Compensation will be executed before
reconstruction. clearing away at least 3 months.
4 Partial or total The households The households with or PAPs can choose one of the followings: - House or structure is dismantled partly or
dismantled lose partly of without legal paper of -Cash compensation for the affected land and retained by Article 8 of Decree 54/1999/ND-
house/structure, no their house or owning land and house houses/structures based on the CP and the Decree No. I1 8/2004/ND-CP of
spare land for structure and the are listed house/structures types. Government
reconstruction. remaining land -House and land compensation in resettlement - Consultancy in choice for the households.
outside the areas. Project Manager Board and local authorities
corridor of -Land compensation for land and cash determine and ensure the compensative price
transmission line compensation for affected house or structure. to be calculated at substitution price
is not large And: approved by PPC.
enough for the - Relocation allowance of 30kg of rice per - PAPs receiving compensation will
reconstruction of person per month in 6 months. * dismantle and reconstruct their house
a house - Transport allowance. themselves in case of cash compensation or
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TYPE TYPE OF LOSS APPLICATION DEFINITION OF COMPENSATION POLICY IMPLEMENTARY MEASURESSTANDARD
equivalent to the - Allowance of timely movement incentive. moving themselves to resettlement area.
lost one. - Compensation will be executed beforeclearing away at least 3 months
5 Permanent acquisition The households The households with or The households lost agricultural - forestry - Consultancy in choice for the households.
of land for tower have land to be without legal paper of land: - Project Manager Board and local
foundations. recovered using land are listed a. Land loss less than 25% of their total area: authorities determine and ensure the
permanently for Cash compensation for lost area. compensative price to be calculated at
tower b. Land loss more than 25% of their total area: substitution price approved by PCC.
foundations: Land compensation for lost area if remaining - Compensation will be executed before
a. Land loss less land still economic value and land clearing away at least 3 months.
than 25% of their compensation for total area if remaining land
total area no more economic value. Cash compensation
b. Land loss for properties related to land.
more than 25% The households lost resident land:
of their total area - If remaining land area is enough for living
(>60m2 if at towns and >100m2 if at ruralareas): Cash compensation for lost area andrelated properties.- If remaining land area is not enough forliving: PAP can choose to be compensated by
cash or land for total area and relatedproperties.
6 Affecting to job and All of PAPs (a)Temporary impact Compensation for lost income will be
other services Compensation for lost income in the affected executed before clearing away at least I
time. month.(b) Permanent impact Consultancy in choice for the households.
Grant for restoration Preparing outline of restoration program inthe phase executing RAP.
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3.7. SUBSIDY ALLOWANCES
Besides the direct compensation for the losses, PAPs also entitled to subsidies/allowancesas stipulated in the Decree No.197 of GOV. These allowances are as below:
3.7.1. Subsidy for house moving (transport allowance) (Article 27, Decree No.197)
This allowance is for PAPs who are totally impacted on houses and have to be move to newsites or reorganize to the remaining residential areas: PAHs which have to move theirhouses to new places to an allowance of 3,000,000 VND/household.
3.7.2. Relocation Subsidy for Resettlement (Article 28, Decree No.197)
This subsidy allowance is a food allowance for PAPs who are totally impacted on houseand therefore have to reconstruct for their new houses. Each member of PAH will besubsidized 30 kg of rice (equivalent) /person/month in six months.
3.7.3. Timely Movement Incentive (Article 26, Decree No.22)
PAHs, who relocate on timely manner, will get a bonus of 3.000.000 VND/household(maximum is 5.000.000 VND/household).
PAHs which are permanently affected from 50% to 70% of productive land or incomeswill be entitled having allowance of 02 peoples per household; PAHs which arepermanently affected more than 70% of productive land or incomes then all peoples inlabour age will be entitled to the allowance. Allowance is 1,000,000VND/person.
Table 3.2: SUBSIDY ALLOWANCES OF THE PROJECT
Number of allowancedNo Type of allowance person housedpersons/ households
1 Transportation allowance (household) 63
2 Rehabilitation allowance (person) 311
3 Allowance for difficulties of changing 0occupation (person)
4 Timely movement incentive (household) 63
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CHAPTER 4
PROJECT IMPACT
4.1. 5 ) ' 0 C C 7E M, S'U7WNVy
This section aims at providing basic data on socio-economic situation of the inhabitant inthe project area. The survey information is on income sources, income, socio-economicsituation; impacts of the resettlement to living standards and income. A lot of informationwas obtained; however, not all questions were fully responded. Some households could notpoint out the concrete income source and their revenue. However, with 100% PAPsincluded in the survey, socio-economic survey on PAPs also aims at identifyingcharacteristics of the affected areas, assessing the development of population, houses, socio-economy, average income, health care, education, etc... The survey was implemented byPower Investigation & Construction Division - PECC3 in March, 2004.
4.1.1. Population
From the start point to Ham Tri commune, the route runs through the area which is mainlybushy forest; from Ham Tri commune to the end point, the route runs through relatively flatarea, mainly is rice and crops cultivating land. The area population is sparse; sources ofincome mainly are farming, handicraft, wage-earner and small trading. Average populationdensity is 136 persons/km2 .
Characteristics of affected households:
* The average number of persons per household is 4.9 persons, a bit lower than that ofthe whole country (4.97);
* Young people (from 0 to 17 years old) present 40%;
* The labour age group and old people account for 60%.
4.1.2. Education
Most of PAPs are literate. Percent of graduated persons is rather low, mostly is primary andsecondary level. Few people recorded vocational or university level.
4.1.3. Health care systems
The hospital of Ham Thuan Bac town is the best modem one of the province. Hospitals andhealth services system have been built in all districts and communes for community healthcare puRAPoses. However, they are currently suffering out of date material facilitiesconditions or seriously lack of equipment.
4.1.4. Housing condition
According to Circular 05-BXD/DT dated February 9 th, 1993 regarding house classification,houses are divided into 5 classes as below:
- 1st class house;
- 2nd class house;
- 3rd class house;
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- 4th class house and
- Temporary house.
Houses or buildings of 1st and 2nd classes are permanent structures with modem facilities& interior decorations, private toilets & bathroom, separate living room & bedroom. Thistype of building is usually located in big city or centers and doesn't appear in the project'sarea.
Buildings of 3rd class are permanent structures with brick wall, reinforced concrete roof,brick floor, conventional facilities & interior decorations. This type doesn't appear in theproject's area.
Buildings of 4th class are semi-permanent structures with brick or wooden wall in the rural,tile roof zinc-galvanized iron sheet, brick or cement floor and usually without toilets. In theproject's area, this type is in the majority.
Temporary house is semi-solid house with brick or wooden wall and leaf roof in the rural.
4.1.5. Amenities
Most of PAPs in the project area have power network, tap-water, kitchen and latrine.Communication equipment is still privative, a few households have television.
4.1.6. Income
The main sources of income of PAPs are from agriculture (61%), trade activities (9.5%),wage-earner (14%), handicraft (3.1%), and others (12.4%). The monthly average income ofPAHs is 613,556 VND/month.
4.2. CENSUS OF THE PAPs AND INVENTORY
The. survey results are shown as follows:
- Total affected households area by the project are 90 households (444 persons), including:* Total affected households are houses and structures by the project are 63 households.* Affected land: 90 households.
- There are no households that need to be resettled and there are no households that areacquired more than 25% of residential and agriculture land area.- There are no impacts on natural preserving zones, historical-cultural vestiges, pagodas,sensitive areas and ethnic minorities.
- The affected land area is mainly protective forest, rice field and fruit tree cultivating landas mango, banana, breadfruit...
- Main occupation is agriculture, breeding and growing fruit trees on residential landsurrounding house.- Among the affected households, the biggest one has 9 persons; the average population is4.9 persons/household.- 63.5% households have power, 50.8% have motorbike; 58.75% have TV sets; most housesare 4h class, some is temporary and 3th class house.- Total affected land area by the project is 1,214,112m2, in which the permanent acquiredland is 18,590m2 for tower foundation construction; the temporary affected land is1,195,522m2 belonging to ROW that could cultivate trees under 4m height.- PAHs don't need to be resettled since they can build the house on their reserve land.
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4.3. TOTAL IMPACTS
TABLE 4.1: STATISTIC OF TEMPORARY ACQUIRED LAND AREA
Agricultural land (m2) Forestry Residential others
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CHAPTER 5
INSTITUTIONAL ARRANGEMENT
5.1. ELECTRICITY OF VIETNAMl (EVN)
EVN is the project's investor, grants authority to SPPMB to plan and carried out all aspectsof the project, including RAP implementation. For direct works on the ground, SPPMB willbe helped and closely coordinated by People's Committee of Binh Thuan province andrelated authority agencies.
Department of Technology, Science, Environment and Telecommunication, belongs toEVN, is in charge of guiding and accessing the implementation of RAP for the project.
5.2. POWER ENGINEERING & CONSULTANT COMPANY NO.3 (PECC3)
PECC3 was assigned to carry out the census, inventory survey and prepaxre RAPcooperating with SPPMB to organize the public consultation for the project.
5.3. PROVINCIAL PEOPLE'S COMMITTEE (PPC)
+ Approving RAP and directly dividing the responsibility to their relevant institutions inRAP implementation.
+ Approving unit prices of compensation, allowances and establishing appraisingcommittees, compensation committees at all different administrative levels
+ Approving documents of revoking and transferring land for compensation in the area ofthe province.
+ Redressing complaints and grievances.
5.4. FINANCE AND PRICE DEPARTMENT, CONSTRUCTION DEPARTMENTAND DEPARTMENT OF NATURAL RESOURCE AND ENVIRONMENT
Provincial Finance and Price Department is responsible for researching and promulgatingcompensation price then offers to Provincial People's Committee for approving. At thebeginning of the RAP's implementation, Finance and Price Department co-operates withConstruction Department, Department of Natural Resource and Environment (DONRE),Agricultural and Rural Development Department, People's Committee of districts and theindependent supervising organization in order to evaluate the applied unit prices in RAPand offer to Provincial People's Committees for the adjustment if it is necessary to makesure that the compensative unit costs are at the replacement price at the time of thecompensation payment.
5.5. PROJECT MANAGEMENT BOARD
SPPMB cooperating with RCC will pay compensation cost, provide information andcoordinate with relevant government agencies and related agencies of province/district.SPPMB will supervise actions of RAP and decisions of Compensation Committee toensure that the provisions of RAP are respected both in principle and reality. SPPMB willhold and finance for these census, inventory and promulgate information; implementintemal monitoring; and contact to independent monitoring agency.
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5.6. COMPENSATION COMMITTEE
This institution is mainly responsible for implementing RAP in the province. Provincialcompensation committee includes experienced officers in the investigation and gatheringinformation. The Provincial compensation committee is responsible for:
+ Organizing the survey team to carry out the detail measurement survey (DMS) foraffected houses and properties; finalizing DMS and entitlement form for each PAP.
+ Checking compensation unit prices used in RAP, proposing to adjust the unit prices inconformation with market prices/replacement costs (if it is necessary).
+ Cooperating with Project Management Board, organizing meetings with PAPs, localauthorities and popularizing forms to PAPs.
+ Basing on policies and approved processes of RAP, preparing detailed implementationplans (quarterly, semi annual, annual plans) and together with Project Management Boardpaying the compensation money to PAPs in a timely manner.
+ Settling complaints and grievances of PAPs, resolving any difficulties during the projectimplementation, and pointing out solutions for the outstanding issues.
+ The Provincial Compensation Committee includes representatives of:- PCC;
- Price and Finance Department;- Department of Natural Resources and Environment;- Department of Construction;
- Chairman of PC of commune, district that have acquisition land;- PMB;- District Land Bureau;- PA-Ps.
5.7. COMMUNAL PEOPLE'S COMMITTEES
Communal People's Committees are responsible for:
- Supplying information for investigation and statistic works and contributing to census andinventory surveys.
- Co-operating with Compensation Committee to organize public meetings, informationdissemination, paying the compensation money and allowance to PAPs.
- Transferring all feedbacks of PAPs to Compensation Committee, resolving complaints atthe communal level and proposing solutions for the outstanding problems (if any).
- Supporting local inhabitants to overcome all troubles during the construction period andassisting PAPs in repairing of affected houses.
5.8. PROJECT AFFECTED PEOPLE (PAPs)
PAPs are responsible for carefully checking on their lost properties and respectiveentitlements and clearing land in a timely manner after receiving full entitlements.
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5.9. INDEPENDENT MONITORING COMPANY
- Monitoring implementation of compensation and Resettlement Action Plan, unit pricesapplying in RAP and supplying SPPMB with reports about the rate of progressing, thequantity and quality of execution activities.
5.10. ORGANIZATION
TABLE 5.1: PROVINCIAL COMPENSATION AND RESETTLEMENT BOARDPERSONNEL OF THE PROJECT
Provincial Resettlement BoardNo Member of . Number Work Time
Unit of staff
1 Provincial People's Committee 1 1 months Part time
Southern Power Project2 MaaeetBad2 2 months Part timeManagement Board
District's office of Finance and 1 1 months Part timePrice
4 Office of industry 1 1 months Part time
5 Land office 1 1 months Part time
6 Office of Agriculture and Rural 1 1 months Part timeDevelopment
7 District people's committee 1 1 months Part time
8 Communal people's committees 8 4 months Part time
9 Communal land office 8 4 months Part time
10 PAPs 8 4 months Part time
Total 32 20 months Part time
Notes: Personnel for each agencies is calculated on persons who taken responsibilities inresettlement implementation of the project.
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CHAPTER 6
IMPLEMENTATION ORGANIZATION
RAP's implementation activities will be processed immediately after receiving approval ofgovernment and WB.
The following organizations and institutions will be involved in the preparation andimplementation of the compensation and Resettlement Action Plans for the project:
- Binh Thuan PPC
- Electricity of Vietnam (EVN)
- Southern Power Project Management Board (SPPMB)
- Power Engineering & Consulting Company No.3 (PECC3)
- Department of Finance and Price of Binh Thuan province -
- Department of Nature Resources and Environment of Binh Thuan province
- Department of Construction of Binh Thuan province
- People's Committees of related district and communes
- Land Office of related district and communes
- Resettlement Committees of related district and communes
- Representative of PAHs
RAP's implementation includes:
6.1. ESTABLISHME ENT OF COMPENSATION AND RESETTLEMENTCOMMITTEES
As~ soon as the project is approved, Compensation Committee will be established byPeople's Committees of Binh Thuan province and Ham Thuan Bac district.
6.2. SELECT THE INDEPENDENT MONITORING AGENCY AND REVIEWUNIT COSTS APPLIED IN RAP
At the early time of RAP implementation, SPPMB will select the qualified institutions forthis task. The independent monitoring agency will review the RAP implementation and theunit costs applied in RAP, recommend for modifying if it is necessary.
6.3. COMPENSATIONS AND ALLOWANCES CALCULATION
At the beginning of the RAP implementation, Finance and Price Department co-operateswith Construction Department, Land Department, Agricultural and Rural DevelopmentDepartment, People's Committee of the province and the independent supervisingorganization in order to evaluate the applied unit prices in RAP.
6.4. SUBMIT TO PROVINCIAL PEOPLE'S COMMITTEES FOR THECOMPENSATION SCHEDULE AND COSTS' APPROVAL
The schedule as well as compensation unit costs, allowances and their adjustment (if it isnecessary to make sure that the compensation unit costs are at the replacement prices at thetime of the compensation payment) will be submitted to Provincial People's Committee for
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the approval by the RCC. After approved, that costs and allowances will be applied andannounced to PAPs.
6.5. DETAILED MEASUREMENT SURVEY (DMS)
SPPMB and RCC will carry out final DMS. The final result of DMS and entitlements willbe disseminated to PAPs by communal authorities. SPPMB and RCC will also clearlyinform PAPs on the adjustment for compensation unit costs.
6.6. PUBLIC ANNOUNCEMENT
Just after the project approval, PAPs will be fully informed about the project, their rightsand the specific policies of this RAP including eligibility provisions, entitlement policies,types and rates of compensation and allowance, adjusted compensation costs (if any),results of DMS, schedules, complaint and grievance rights and mechanism. Suchinformation will be also delivered to the PAPs by SPPMB via meetings and documentsleaved at Commune People's Committees or other places that are informed to each PAPs.Resettlement pamphlets will also be disseminated to each PAPs.
6.7. DEADLINES OF COMPENSATION AND RESETTLEMENT
The compensation money for one-part damaged houses will be paid at least three monthsbefore starting the constructive execution.
The house repairing allowance will be paid together with the compensation money for theone-part damaged house.
The moving allowance will be paid at least six months but in just one time.
The compensation money for affected land areas and crops will be paid at least one monthbefore starting constructive execution.
Affected land tenure households will be clearly cleaned up the required area at least onemoxnth before starting constructive execution.
The affected part of resettlement-households will be removed at least one month beforestarting constructive execution. In case of not complying, proper organizations will haverights to remove and the allowance for removing will be withdrawn.
6.8. MONITORING
This task will be done by SPPMB and the independent monitoring agency through out thewhole period of the RAP implementation.
6.9. SCHEDULE
One of provisions of this RAP is that RAP should be done in accordance with proposedbasic principles. All RAP activities must be satisfactorily completed before World Bankgives a no objection for award of contract for the project. Any changes to the RAP afterinvestors' clearance will require review by themselves before commencement ofconstruction. Construction works must be logically followed and not preceded theexecution of RAP program. In other words, in case of retards in RAP execution, the delaywill be reflected in construction works. The proposed schedule for RAP implementation isshown in Table 6.1.
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CHAPTER 7
COSTS AND BUDGET
7.1. COMPENSATION COSTS
The costs of compensation for houses, land and trees/crops are calculated based on the theDecision No.491/QD-CTUB and Decision No.1095/QD-CTUB on compensation costpromulgated by Binh Thuan PPC and the real cost of land of the local.
These costs will be reviewed and adjusted by RCC and approved by Binh Thuan PPC at thebeginning of RAP for ensuring that PAP will be compensated at the replacement costs forland, houses, trees and market prices for crops according to the RAP policy.
7.1.1. Compensation for Land
According to Article 8 of Decree 197/CP stipulates that the compensation costs of revokedland shall be determined on the basis of local land prices that is issued according. to therevisions of the Government multiplied by a coefficient "K" in order to guarantee thecompatibility of compensation with the profitability and the price of transfer land use right inthe locality.
7.1.2. Compensation for Houses
According to article 18 of Decree 197/CP stipulates that house will be compensated from 60%to 100% of the new house value. In this RAP, compensation for house is calculated at 100%value of the new one.
7.1.3. Compensation for Annual Crops
According to article 24 of Decree 197/CP guides that compensation for annual crops arecalculated based on the average yields of the latest 3 years multiply with the market price atthe calculated time.
7.1.4% Compensation for Trees and Fruit-Trees
According to article 24 of Decree 197/CP guides that trees will be compensated at the realprice at the time of land acquisition (fruit-tree will be compensated by the real price in the timeof revoking land, trees will be compensated for the remaining harvests).
7.1.5. Compensation for other Properties
Properties such as electric meters, telephone reinstall, graves, wells, tombs, etc... will becompensated at the replacement costs.
In order to comply the project's resettlement policies, at the time of RAP implementation, therelevant departments under the PPCs and the Independent Monitoring Agency will carry outthe survey on the replacement costs for land, houses, trees and market prices for crops in thelocal area. Adjusting the compensation unit costs will be done by PPCs (if necessary) toensure that the compensation costs for land, houses, trees are at the replacement costs and thecompensation costs for crops are at the market prices.
The cost estimate for RAP is shown in Table 7. 1:
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TABLE 7.1: COMPENSATION COST OF THE PROJECT
No. Item Unit Quantity Unit cost Amount(VND) (VND)
A Compensation for house/ 2,455,239,000
I Class n m2 0 02 Class 2 m2 0 03 Class 3 mz 0 04 Class 4 112 2,273 821,000 1,866,133,0005 Temporary m2 1,451 406,000 589,106,000B Compensation for land 501,150,0001 Residential m2 1,300 150,000 195,000,0002 Paddy-field m2 5,850 25,000 146,250,0003 Crop m 2 2,600 30,000 78,000,0004 Fruitttree m' 0 05 Industrial tree m2 1,820 45,000 81,900;0006 Forestry 7,020 0C Compensation for trees and 426,118,000
crops1 Eucalyptus tree 202 25,000 5,05Q,0002 Cashew tree 2,042 45,000 91,890,0003 Bamboo tree 1 60,000 60,0004 Mango tree 268 140,000 37,520,0005 Orange tree 3 140,000 420,0006 Star apple tree 7 120,000 840,0007 Coconut tree 65 180,000 11,700,0008 Plum tree 31 35,000 1,085,0009 Longan tree 9 120,000 1,080,00010 Durian tree 4 180,000 720,00011 Blue dragon tree 684 100,000 68,400,00012 Custard apple tree 2,143 45,000 96,435,00013 Jack tree 35 120,000 4,200,00014 Banana tree 154 6,000 924,00015 Gum tree tree 260 30,000 7,800,00016 Tamarind tree 8 180,000 1,440,00017 Papaw tree 1 14,000 14,00018 Chum ruot tree 39 35,000 1,365,00019 Guava tree 3 35,000 105,00020 Pepper tree 25 100,000 2,500,00021 Paddy m2 16,900 600 10,140,00022 Sugar-cane mi 100 1,800 180,00023 Bean m2 1,100 1,500 1,650,00024 Cassava m2 35,500 1,200 42,600,00025 Maize m' 10,000 1,800 18,000,00026 Cotton m 2 10,000 2,000 20,000,000D Compensation for others 348,567,1001 Toilet mi2 54.0 580,000 31,320,0002 Cistem mi3 106.7 757,000 80,771,9003 Cattle cage mz 806.4 270,000 217,728,0004 Yard mi7 164.4 38,000 6,247,200
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No. Item Unit Quantity Unit cost Amount(VND) (VND)
According to Decision 4268/CV-KHDT of Industry Department on promulgation ofimplementation cost of RAP of 220kV transmission line is 1.05% of construction cost. RAPimplementation cost of the project is shown below:
TABLE 7.2: RAP EXECUTING COST
No. Item Unit Quantity Unit Price Total(VND) (VND)
1 DMS cost km 54.685 3,500,000 191,397,5002 Cost for survey and planting km 54.685 5,500,000 300,767,500
a landmark3 RAP establishing cost km 54.685 2,500,000 136,712,500
Total cost estimated RAP is 6,191,748,607 VND. This included the cost of compensation andRAP implementation. Calculating for RAP is shown in Table 7.3:
TABLE 7.3: TOTAL COST FOR RAP IMPLEMENTATION
No Item Formula AmountA Compensation cost Table 7.1 4,458,994,100B Implementation cost Table 7.2 901,827,205C Slippage in prices 5% x (A+B) 268,041,065D Contingency (*) 10% x (A+B+C) 562,886,237
Total 6,191,748,607(*) According to experience there are many contingencies in implementation phase. Therefore, takingthe contingency rate is 10%.
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CHAPTER 8
CONSULTATION AND PARTICIPATION
8.1. PURAPOSESConsultation with participation of local authorities and PAPs in the preparation andimplementation stage of RAP to get their feedbacks can minimize the contradiction andrestrain the possibility of project delay, help SPPMB designing a RAP program with fullaspects to meet needs of PAPs; therefore, maximize the social economic profits of the project.PuRAPoses of public consultation and participation for RAP are:
+ Fully sharing information of project scope and its affections.
+ Community cooperating in RAP designing program.
+ Gathering information of the needs as well as PAP's against policies and proposed works toadjust in execution phase.
8.2. PERIODS OF PUBLIC CONSULTANTInforming community and referencing consist of four periods:
First period: During the process of survey, the scale and affected scope of the project has beshown and got feedbacks from PAPs.
Second period: Preliminary RAP report with surveyed and calculated data has been shown atBinh Thuan PPC. In the meetings, consultant agency already fully announced to related partson scope of the project, resettlement policies, impacts of the project to social and naturalresources as well as mitigation methods.
Third period: After supplementing ideas of the district institutions, the draft RAP report willbe submitted to Binh Thuan PPC for revision, approval.
Fourth period: Report already finished following agreements of the province will be widelyannounced to PAPs for reference by SPPMB and local government.
Related information such as: compensation standards, policies, allowances, guideline ofprocedure of grievances and implementing plan of compensation and resettlement... will beannounced to PAPs too.
In order to guarantee PAHs, their representatives and local authorities knowing the RAP'sprogram clearly, the booklets will be prepared sunmmarily but clearly the related information towidely deliver before the paying execution by SPPMB.Booklets include some below contents:Part 1: Part 2:- Description of the target and - Description of PAHs' rights and responsibilitiesscope of the project - Eligibility, compensation policies and subsidization- Execution plan of the project - RAP implementing plan- Affection of the project - Sequence and procedure of grievance
- The resettlement responsible organizations
Next to these meetings, PAHs will take part in negotiating meeting with RCC of the project.The object of this meeting is to define the reasonable compensating levels.Plot measurements, detail inventory and data of the affected land will be announced to eachPAPs and the communal government for checking and these data will be announced widely bySPPMB and RCC.
Power Engineering & Consulting Company No.3 - PECC3 35
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Electricity of Vietnam Ham Thuan - Phan Thiet 220kV Transmission lineSouthem Power Project Management Board Resettlement Action Plan
CHAPTER 9
COMPLAINTS AND GRIEVANCES
Since the entire resettlement and rehabilitation program is being carried out with theparticipation of the PAHs, it is expected that no grievance issue will be raised. However, toensure that the PAHs have avenues for redressing their grievances related to any aspect ofcompensation and resettlement, detailed procedures of redresses of grievances have beenestablished for the project. The objective is to respond to the complaints of the PAHs speedilyand in a transparent manner. The mechanism is designed to be easy, transparent and fair.PAH's complaints and grievances will be dealt with according to customary procedures andaccording to Vietnamese law. PAH's complaints will be treated fairly and must be facilitatedwith assistance as they plead their cases. In addition, no fee shall be levied on them and in caselegal supports are necessary, this shall be given to them free of charge.
9.1. PROCEDURE OF COMPLAINTS AND GRIEVANCES
The sequence of complaints and grievances including:
1) Step 1: If there is any aspect of the resettlement and rehabilitation program from a PAP, itwill be sent to communal People's Committee. Communal People's Committee will transfertheir contents to Project Management Board (SPPMB) and cooperate with SPPMB to resolveit through direct negotiation within 15 days from the day received complaints and grievances.
2) Step 2: If PAP is not satisfied with the decision in step 1; the complaints shall be broughtand solved at related District authorities with the cooperation of SPPMB within 15 days fromthe date of the receipt of the decision in step 1.
3) Step 3: If the step 2 also fails, complaints will be transferred to provincial authorities.Fifteen-day period is limit time of resolving.
4) Finally, if the PAP is still dissatisfied with the decision, he/she can appeal to theProvincial/District People's Court (DPC) in accordance with the "Civil Procedure Act" within15 days of receiving the decision of the SPPMB without being charged. DPC decision will bea legal basis for compensation.
9.2. LEGAL GUARANTEES FOR COMPLAINTS AND GRIEVANCES
In order to make sure that SPPMB consider PAH's complaints and a fair settlement oflitigation cases, negotiations will be observed by PAH's witnesses. Further, PAHs have rightsto ask the helping of their selected representatives.
Power Engineering & Consulting Company No.3 - PECC3 36
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Electricity of Vietnam Ham Thuan - Phan Thiet 220kV Transmission lineSouthern Power Project Management Board Resettlement Action Plan
CHAPTER 10MONITORING AND EVALUATION
RAP shall'be constantly supervised and monitored by SPPMB in cooperation with localPeople's Committees.
The WB OD 4.30 on Involuntary Resettlement recommends that independent activities arecarried out. An independent monitoring agency will be entrusted with external monitoringtasks. The interested institutions have to submit their technical and financial proposals toSPPMB for review and then to WB for its concurrence.The chosen independent monitoring institution shall be contracted by the SPPMB immediatelyafter RAP approval and shall begin supervision and monitoring activities from the beginningof the implementation phase. Terms of reference for independent monitoring will be preparedby SPPMB and then submit to WB for its concurrence.
10.1. INTERNAL MONITORING
Internal supervision and monitoring include:
a) Monitoring the investigation of population and social economic situation andinventorying the PAP's damages, status, occupation and living condition;
b) Monitoring whether the implementation of resettlement and compensation tasks arecared out as provided in this RAP;
c) Monitoring the availability and quality of replacement land;
d) Monitoring the timely and sufficient deployment of resettlement and compensationfunds for this RAP;
e) Investigate and fairly assess each case of complaint and grievance;
f) Internal monitoring agencies will prepare a quarterly report detailing the progress of^RAP implementation. Such a report should be made available to appropriategovernment authorities, WB and external monitoring agency.
10.2. EXTERNAL MONITORING
Beside evaluation the quarterly reports produced by internal monitors and conduct the samething of investigation assigned to internal monitoring, the external monitoring agency will beresponsible for following activities:
a) Review and evaluate the inventoried results and entitlements determination. Check unitcosts of compensation applied in RAP, to see if they are still at replacementcosts/market prices at the time of RAP implementation and recommend to SPPMB foradjusting (if necessary);
b) Evaluation of socio-economic impacts of the project on the PAPs;
c) Supervision of the implementation of RAP to achieve the objectives of the RAP inparticular "to improve or at least maintain the incomes and living conditions of the PAPafter the resettlement";
d) Putting forward the amendments for the implementation of RAP so as to achieve theobjectives of this RAP;
e) Offering suggestions on how improve RAP programs;
f) Closely monitoring compensation activities and be prepared to give informedevaluation of complaints and grievances cases;
g) Write working reports to be submitted to SPPMB and WB.
Power Engineering & Consulting Company No.3 - PECC3 37
l I l
ANNEXES
I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- l
ANNEXES 1DRAWINGS
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D USY TRANSMISSION UN
*rBAN D6mu4AN - PHAN THiST
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~~~~~~~~~~~~~~~~~~~~~~S Cc,a.;t;
r\ 48s K 1 '' 0
K '' K K
2 KY TTTh
' O ~~~~~220 KV SIJBSTAT ION T RA
d - - ~~~~~Nationa I Boundary Ra nl
-Provine BoundayJ Ranl
* -- Distric Bounda /Ranh I
\y. .4¶'' 07n- i-in M
I
ANNEXES 2FORM OF SOCIO - ECONOMIC SURVEY
QUESTIONNAIRE FOR INVENTORY OF LOSSES
Code:
Name of respondent: ..............................................................................................................................Address: .............................................................................................................................
Street: ....................... I.......................................................................................................Hamlet: ..............................................................................................................................C om m une/W ard : ..............................................................................................................................D istrict: ..............................................................................................................................P ro vin ce: ................................................................................. ............................................
1. INFORMATION OF HOUSEHOLD
AgeEthnic. Residential
No Name in full .Ethic Education** registrationgroup ~~~~~status***
Adult member12345Under 17 years old12^345
Total members of family ............... = Total adult members ............... + Total membersunder 17 years old .
* In case without ownership, please write specifically state of rent, state of temporary residence, ... and monthlyexpense for rent.
Page 4
I,
2.2. Cultivated land
Unit: m2
Legal status
Items Existing area Affected area With Withoutownership ownership TemporaryuR
Paddy field
Crops land
Industrial trees land
Garden
Forest
Pond
Other
Related papers to cultivated land:..................................................... .............................................. ......................................
......................................* * In case without ownership, please write specifically state of rent, state of temporary residence, ... and monthlyexpense for rent house.
2.5. Other structures
-Items Measurement Estimated price Related papers
* Kitchen
* Toilet
* Cattle cages
* Cistern
* Well
* Yard
* Electricity supplysystem
Page 6
Items Measurement Estimated price Related papers
* Water supply system
* Bridge, sewer
* Entrance
* Church/shrine
* Graves
* Others
3. INFORMATION ON COMPENSATION AND RESETTLEMENT
3.1 Willingness for resettlementl. Yes O 2. No OIf 'No', what are your suggestions?
3.4 What form of restoration for income would you prefer?
1. Financial assistance El
Page 7
2. Allocate a plot El3. Assistance in employment seeking Ol4. Assistance for training El5. Training for appropriate new skill El6. Assistance in credit for restoration of business El7. Other proposals
3.5 What form of resettlement would you prefer?
(Please record in order ofpreference: 1, 2, 3... in the blank space)
1. Land is compensated at the replacement cost, trees/crops are compensated at themarket price. O
2. Resettle on the remaining of your land El3. Adequate technical infrastructures (road, electricity supply system, water supply
system, ... ) at new site El4. Adequate social infrastructure (school, market, ... ) at new site E5. Easy to open business at new site E6. Good community at new site O7. Good environment quality at new site E8. Got a house in resettlement area without incurring debt O9. Training and employment E10. Additional suggestions, if any
Date . Month ....... Year.
Interviewer(Sign and write one 'sfull name)
Page 8
ToIn^g C6ng ty Dien lIyc Vief Nam Miu so/I
-6ng ty TV vl/n Xdy dt1ng Dien 3
PHIEU DIEU TRA PHVC VV LAP BAO CAO KE HOACH TAI DINH CL (RP)Cac cBng trinh dif ki en siT dung nguon vo'n tilt kiem 3680 - VN
Ban Quan 19 Duf an Cac C6ng trlnh Dian Mien Nam, thuoc Tong C6ng ty Dian lu,c Viet Nam danglap cac ho sd chuan bi, dau tu-cho cac cong trlnh dufdng day va tram 220kV, du' kien sly dung nguonvon tin dung 3680 - VN cua Ngan hang The gidi de cai thien he thong dien cho mot so khu vuic
thuoc cac tinh dLtdi day:- Binh Phtdc - Rach gia
- Long An - Ben Tre
- Binh Thuan - An Giang
- Binh Dudng
Ke hoach Tai dinh cugA va DEnh gia tac dong moi trudng (EIA) diudc l.p theo yeu cau cuaChinh phiu Viet Nam va Ngan hang The gidi nham han. che den mtlc thap nhat tac dong cua du' andoi vdi ngudi dan.Tac do ng moi trLOng cu'a dui an dufng day va tram 220kV doi vdi sufc kh6e ngudi dan hau nhurkh6ng c6 ne'u tuan thbl dung cac qui dinh ve hanh lang an toan theo ND54/CP.Chinh sach, gia, cac ched de`dn bi va ho trd c6a du an se tuan thu dung cac van bin phap luat hienhanh cu'a chinh phub Viet Nam va dLud.c c6ng bo cho ngufdi dan 6 bttdc tham van sau.De' nghi gia dinh cung cap thong tin bang cach dien vao Phieu dieu tra dufdi day . Cac thong tin nAyse chi phuc vu cho buldc lap ke hoach c6a du, an vA se dufc giu bi mat.
Trung 1/6
T i`ng C6ng ty Dien l,mc Viet Nam Mau so
Cong ty Ta vdin Xdy du'ng Dien 3
(=) Nghe nghiep1. Lam c6ng an lu'dng 7. Nghe kh6ng on dinh
2. HLut tri 8. Nghe khac
3. Thu c6ng 9. Noi trci
4. LAm nghe n6ng 10. Di hoc5. Danh bat/nu6i tr6ng thuy sin 11. That nghie,p
6. Buon ban 12. Du,dc h6 trd dac biet
Gia dinh thuoc nh6m thu nhap:Cao O Tren trung binh O Trung binh Thap I
(Trong facng quan vdi thu nh,p cua tinh)
.2 Chi Tieu Trung Binh Thang Cu'a Ho Gia Dinh (VND)Chi tieu haing thdng Thanh tien Chi tieu phat sinh . Th,anh tien
* Thu(cpham -Le, tet* Dien * Machay, hieu hi
* Nudc - Mua sam do dung gia dinh
* Thue nha Sufa ch?a nha cCa
* Gio duc * Sua chufa xe may, ghe, thuyen
* Di lai - Khac
* Quan ao* Thuoc men* Thue, phi* Khac
1.3 Tru1ng Hdp Gia Dinh Phai Chuyen Di Nodi KhAc Thi C6 ai bi:1. Mat viec 0 2. Giam thu nhap 0 3. Kh6ng biet
1.4 Sif Dung Nha1. Chi de- a El 2. Chti de bu6n ban El . .'v Oa. u vua bu6n ban E
4. Cho thue 0 5. Bo kh6ng 0 5. Khac E
1.5 Tie.n Nghi Gia Dinh1. Nha ve sinh E2. Bep 13. Ntrdc may C6 0 C6 dong ho El4. Dien C6 0 C6 dong ho El5. Xemay E6. Ghe/xuong nmay E7. Xe dap ElS. TV El9. Tu lanh El10. May giat El11. Do dien tr E12. Dien thoai El13. Khalc .....
1.6 Gia Dinh C6 Nguti Tan Tat KhBng?C6 E Kh6ng 11
Tran,g 3/6
TABLE 1: SOCIO-ECONOMIC CHARACTERISTICS OF PAHs
Residential Average income per AffectedNumber of Education registration Occupation month by house
statusNo. Full name of householder Address moving:
- ~~ Choice Choice Choice Other coc<~~~~~fo 1 to> Regular Ohr from 1 to 3from ito from 1 to 4 from 1 to 12 Reua rmiosources
7
I l)ONG TIEN COMMUNE
1 Ca Thi Ba Hamlet No.2 - Village No.3 2 1 1 4 300,000 3
2 K Thi Dong Hamlet No.2 - Village No. 4 2 1,3,4 1 4 367,000 3
3 K Thi Dd Hamlet No.4 - Village No. 2 3 1,7,3 1 8 600,000 2
4 K Thi Neng Hamlet No.4 - Village No.1 2 3 1 8 400,000 3
ELA and RP are briefly explained by the representative PECC3 with thefollowing contributions from the participants:
- Agreed with the construction of the project, and its location isreasonable, avoid scheme areas of the local, and minimize impacts for
populated areas.
- There are no impact on natural preserving zones, vestiges, pagodas,sensitive areas.
- Agreed with methods to minimize environmental impacts of the project.
- Compensation must be satisfactory and carried out as soon as possible.
- PAPs will be informed of the information unit prices applicable in thisproject right from the beginning of the RP implementation.
- Resettlement period must be minimized and the cash of compensationshould be provided to PAPs before the beginning of the constructionactivities affecting them, no site clearing if the full compensation has notbeen done yet.
- Project implementation is fully supported
I
BIEN BAN HOP THAM VAN Lan bh :01PECC3 ~~~~~~~~~~~~~~MS: BM-MT-42CONG OONG Ngay bh:
CONG HOA XA HOI CHU NGHIA V1F,T NAMDC6c Lip - T'r Do - Hanin Phic
BIEN BAN HOP THAM VAN CONG DONG
N6i dung,: Pho bien th6ng tin va ghi nhan y kie'n d6ng g6p cho cac bao cao Kehoach Tdi dinh cii (RP), Ddnh gid tdc dong m6i trrtYrng (EIA) cuia hai du'in "Difung day 220kV Ham Thuan - Phan Thiet " va "Trafn bien aFp
220kV Phan Thiet ".
Hom nay ngay 19 thang 07 nam 2004.
Tai van ph6ng UBND huyen Ham Thuan Bac, C6ng ty Ti! va'n Xay dung ie,Din 3 co tochuic cuOc hop c6ng bo' th6ng tin ve bao cao ETA va RP ciua hai d' din "Dut'6ng ddy
220kVHam ThulNn - Phan Thieit" va "Tram 22OkVPhan Thiet".
1. Thanh phan tham dVf
* Dai dien chinh quyen dia phuang
* Daidiencach6dan dia phfcng c6 lien quan den hoat dang xay dung du an
* Dai dien cac doan the
* Dai dien C6ng ty Tu' van Xay dung Dien 3
(Xem danli sccli dai bieu de hgp dinli kem)
2. Noi dung
* COng ty Tu' van Xay dV'ng Dien 3 pho bien thOng tin ve du' an, thong tin ve baocao EIA va RP cua Du' an.
* Ghi nhan y kien cu'a cac h6 bi anh hutfang b6i duf An, c6c cd quan, doan the cu'adia phudng ve bao cao EIA va RP (dinh kenm theo bien ban)
Dai dien Dai dien
UBND huyen Ham Thuan B~ac. C6ng ty Ti! van Xay dung Dien 3
ANNEXES 5PICTURES OF MEETING ON PUBLIC CONSULTATION
b
,
S
a
I' K ' F br 4 :
Local autherities and project affected people attended Meeting on public Local authorities and project affected people attended Meeting q public__ ~~~~consultation consultation
I 0I(U~ ~~ ~ ~ ~ -' 'I-m =:L -^li:
r _ rn- -' (1 10
~r|gL.S _
Mr. TrAn Quang Kbii-Representative of PECC3 presented RP vi EIA Mr. Nguyen VanHoi"ng-Vke-chairman of District People's Cemmittee.expressed his opinion
-r. Nguy- V H .
Mr. L-e Vn Curing -Chairman of Ham Lienm com_Peopl's Committee Mr. Dong V Hii -Representative ofPAH expresses his opinionexpressedi his opinlon.
a a,-.4 - -!| t. ffi .tilSr%..., ....
MrNuyninbg-_ *ttiefPHeprsesiopnonMNgynVniigVlbeayrfHmiecmmnexrs4sl____ - a -,~~~~~~~~~~olno