Updated Resettlement Plan October 2014 VIE: Power Transmission Investment Program, Tranche 1, Pho Noi 500kV Substation Prepared by National Safeguard Specialist for Resettlement for the National Power Transmission Corporation/Northern Power Projects Management Board and the Asian Development Bank.
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Updated Resettlement Plan October 2014
VIE: Power Transmission Investment Program,
Tranche 1, Pho Noi 500kV Substation
Prepared by National Safeguard Specialist for Resettlement for the National Power
Transmission Corporation/Northern Power Projects Management Board and the Asian
Development Bank.
VIE: MFF POWER TRANSMISSION INVESTMENT PROGRAM
ADB LOAN No. 2848-VIE
UPDATED RESETTLEMENT PLAN
(500kV/220KV PHO NOI & CONNECTIONS)
Submitted to:
Northern Power Project Management Board
Prepared by:
National Safeguard Specialist for Resettlement
October, 2014
VIE: MFF POWER TRANSMISSION INVESTMENT PROGRAM
ADB LOAN No. 2848-VIE
Dear Sir/Madam
Subject: Loan 2848 VIE - Power Transmission Investment Program, Tranche 1
Individual Consultant for Resettlement
I am pleased to submit to you the updated RP for Hung Yen province (500kV Pho Noi
substation and its connection). The main contents of the updated RP report include (i) update
number of APs and type of affected asset;(ii) update province compensation policy and in
comparison with project resettlement ethnic minority development framework to ensure the
implementation of safeguard policy in accordance with ADB safeguard policy statement.
Yours truly,
National Safeguard Specialist for Resettlement
Updated Resettlement Plan for 500kV Pho Noi and connection ADB Loan No. 2848-VIE: Power Transmission Investment Program
24. For occupation structure, in project area, occupation of APs is mainly agriculture
production (accounting for 87%), worker in plant, facility (3%), officers and employees of state
(6.5%); sale (3.5%)
Table 3.3. Composition of occupation of surveyed households
Commune
Occupation (person)
Agriculture Worker in plant,
facility
Officers and
employees of
state
Sale Other
Viet Hung 87 2 7 4
Luong Tai 29 1 1
Total (average) 116 3 8 4
Income of APs
25. Through discussion with leaders and people of affected communes, it is found that before
project implementation, local people still worked as freelancer for private sector. Moreover, income
from agriculture is low when the investment for agriculture increases (increase in the prices of
fertilizer, insecticide, plough, working day). At the time of survey (in September, 2014), each kg of
rice costs 12,000-13,000 VND. In addition, agriculture activities are seasonal and intermittent. APs
do not only gain income from agriculture but also other sources such as freelancer, handicraft,
worker and small business. Thus land acquisition for project does not much affect to occupation
change/livelihood of APs in the Project.
26. In general, stakeholders in Project district implemented quite well the compensation,
assistance for APs in accordance with regulations related. Most of APs are clear about the basic
information and agreed with the project implementation. APs did suffer certain impact from the
Project but they managed to work as freelancer or run small business in order to maintain their
income.
Updated Resettlement Plan for 500kV Pho Noi and connection ADB Loan No. 2848-VIE: Power Transmission Investment Program
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27. The SES’s results showed that mostly APs average income. Number of wealthy HH in Viet
Hung is 23 and this numer of Luong Tai is 11, there are 8 the poor HHs, in which 2 HHs of Luong
Tai (Tuan Luong village) and 6 HHs of Viet Hung commune (Dong Luong village). Table 3.4: Classification of households by income
Commune Classification of households by income
Total Wealthy Average Poor
Viet Hung 23 71 6 100
Luong Tai 11 18 2 31
28. As mentioned above, agriculture (mostly farming) is the main and biggest income source of
APs in subproject communes. The average income per capita of surveyed APs is 3,699,000
VND/month/household. The highest average income per capita of 3,807,000 VND/per
household/month occurs in Viet Hung commune, while it is 3,604,000 VND/month/household in
Luong Tai commune. The following table shows the average monthly household income of
affected households Table 3.5. Average monthly household income of affected households
Commune Population size Total surveyed HHs Monthly income (VND)
Viet Hung 4.23 100 3,807,000
Luong Tai 4.00 31 3,604,000
Total 4.11 69 3,699,000
29. In general, the life of APs in project area is average income with several income sources.
Mostly housing type is 4th category. Currently, communal concrete roads completed.
3.6 Living Facilities
30. All or 100% of HHs are connected to the national electric network and use electricity for
lightning and domestic activities. The SES also reveals that 79.14% of HHs in project area use dug
well water; 10.43% of HHs use tape water and 10.43% of HHs in project area use others. In
addition, 22.4% of HHs have their own toilets (flushing or semi-septic tanks) while 77.6% of HHs
only have pit latrine, and 60.1% have brick-built bathrooms.
31. Cases of illness in the areas which have APs in 12 months are as the upper respiratory
tract diseases like cold (30.06% or 49 households), influenza (60 households, 36.81%), respiration
problem (35 households, 21.47%), and other diseases (19 households, 11.66%).
32. Majority of the affected households sought the services of public health center for the
treatment of their ailments at the commune if their cases were not seriously. Those APs that have
serious cases seek medical treatment at hospital for their ailments.
3.7 Ownership of Assets
33. Results of SES show that motorbikes and bicycles are popular means of transport in the
project area (the percentage of surveyed HHs having motorbikes and bicycles are 89.5% and
88.1% respectively). Mobile phone is also popular as 94.5% of HHs own at least one mobile
phone. 30.9% of HHs own telephones. 95.9% of HHs have TVs and 97.4% of HHs have electric
rice cookers. 53.1% of HHs have their own video players/amplifier. 60.1% of surveyed HHs haves
Updated Resettlement Plan for 500kV Pho Noi and connection ADB Loan No. 2848-VIE: Power Transmission Investment Program
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bathrooms with showers. 31.8% of HHs have fridges. HHs having washing machines and air
condition account for 2.6% and 1.8% respectively. There is only 2 HH having car (1.2%).
Table 3.6: Ownership of Surveyed HH’s Assets
Assets Ratio (%) Assets Ratio (%)
Car 2.2 Video player / Amplifier 53.1
Motorbike 89.5 Mobile phone 94.5
Bicycle 77.1 Telephone 30.9
TV 96.9 Electricity rice cooker 97.4
Fridge 51.8 Bathroom 70.1
Air condition 11.8 Washing machine 32.6
3.8 Vulnerable Households
34. The SES’s results showed that there are 8 the poor HHs, in which 2 HHs of Luong Tai
(Tuan Luong village) and 6 HHs of Viet Hung commune (Dong Luong village). They are not
severely affected. There is nil the ethnic minorities HH and woman headed HH, the handicapped
HH.
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4. LEGAL AND POLICY FRAMEWORKS
35. The legal and policy framework for compensation, resettlement under the Project is defined
by the relevant laws and regulations of the Government of Viet Nam and the ADB’s policies. In
case of discrepancies between the Borrower’s laws, regulations, and procedures and ADB's policies and requirements, ADB's policies and requirements will prevail.
4.1 Relevant Vietnamese Legislation
19. The Constitution of the Socialist Republic of Viet Nam (admendment, 2013) confirms the
right of citizens to own and protect the ownership of a house. In addition, the Government has
enacted a number of Laws, Decrees and regulations that constitute the legal framework for land
acquisition, compensation and resettlement. The principal documents include:
Land law 2013 issued on 29th November 2013 and took effect on 01 July 2014 (Law No.
45/2013/QH13
Decree No. 43/2014/ND-CP dated 15 May 2014 of the Government, providing detailed
regulations on implementation of a number of articles of Land Law.
Decree No. 44/2014/ND- CP dated 15 May 2014 of the Government on regulations on
land prices.
Decree No. 47/2014/ND-CP dated 15 May 2014 of the Government on compensation,
assistance and resettlement when the State acquires land.
Circular No. 36/2014/TT-BTNMT, dated 30 June 2014 detail regulation on method of land
valuating, construction, adjustment of price unut, land valuating and consultation for
defining land price
Circular No. 37/2014/TT-BTNMT, dated 13 August 2014 detail regulation on
compensation, assistance and resettlement in the event of land recovery by the State
36. Regulations from Hung Yen PPC:
Decision No.09/2011/QD-UBND dated June 1st , 2011 of Hung Yen PPC on procedures
on compensation, assistance and resettlement in the event of land recovery by the State
in Hung Yen province
Decision No.15/2013/QD-UBND dated Dec. 20, 2013 of Hung Yen PPC on procedures
on price of types of land in 2014 in Hung Yen province;
Notification No 103/TB-STC dated Octorber 2nd, 2012 of Hung Yen provincial
Department of Finance of on compensation price unit for tree and domestic animal in
Hung Yen.
4.2 ADB’s Policy on Involuntary Resettlement
37. The ADB’s Policy on Involuntary Resettlement aims to avoid or minimize the impacts on
people affected by a project, and to provide support and assistance for those who lose their land
and property, as well as for others whose livelihood is affected by the acquisition of land or
temporary construction activities. Resettlement planning has the objectives of providing APs with a
standard of living equal to, if not better than, that which they had before the project.
Updated Resettlement Plan for 500kV Pho Noi and connection ADB Loan No. 2848-VIE: Power Transmission Investment Program
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38. The three (3) important elements of the policy are (i) compensation for lost assets,
livelihood and income; (ii) assistance for relocation; and (iii) assistance for rehabilitation, to achieve
at least the pre-project level of well-being.
39. The Operations Manual Section F2/BP notes that the policy treats involuntary resettlement
as a “development opportunity” and allows planners to manage impoverishment risks and turn
dispossessed or displaced people into project beneficiaries, particularly the poor and vulnerable,
who may be disproportionately affected by resettlement losses. To this end, the main objectives
and principles of ADB’s policy are as follows:
Involuntary resettlement should be avoided where feasible;
Where population displacement is unavoidable, it should be minimized by exploring all
viable project options;
People unavoidably displaced should be compensated and assisted, so that their
economic and social future would be generally as favorable as it would have been in the
absence of the project;
APs should be informed fully and consulted in resettlement and compensation options;
Existing social and cultural institutions of resettles and their hosts should be supported
and used to the greatest extent possible, and resettles should be integrated economically
and socially into host communities;
The absence of legal title to land by APs will not be a bar to compensation; particular
attention should be paid to households headed by women and other vulnerable groups,
such as indigenous peoples and ethnic minorities, and appropriate assistance provided to
help them improve their living standard;
As far as possible, involuntary resettlement should be conceived and executed as part of
the project; and
The full costs of resettlement and compensation should be included in the presentation of
project costs and benefits.
4.3 Applied Policies
4.3.1 Project Resettlement Principles
40. The basic resettlement principles of the project are:
Involuntary resettlement and loss of land, structures and other assets and incomes will be
avoided or minimized by exploring all viable options.
All APs will be entitled to compensation for all lost and affected assets, incomes and
businesses at replacement cost and provided with rehabilitation measures sufficient to
assist them to improve or at least maintain their pre-project living standards, incomes and
productive capacity.
The APs without legal title to land (non-titled APs) will not be compensated land by land
but they are allowed to use their remained land, which is not affected by the project. In
addition, they are entitled to compensation for their assets on land at replacement cost,
provided they cultivated/occupied the land before the eligibility cut-off date.
Compensation for affected assets will be provided at replacement cost.
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In cases where relocation or displacement is required, efforts will be made so that the
existing social and cultural institutions of the people being resettled and host community
will be maintained to the extent possible.
Preparation of resettlement plans (as part of subproject preparation) and their
implementation will be carried out with participation and consultation of affected persons.
Implementation schedule and budget for resettlement planning (including socio-economic
survey/census) and implementation will be incorporated into each subproject and the
overall project.
EVN will ensure that civil works contractors are not issued a notice of possession of site
for any section of construction works unless NPPMB has (i) satisfactorily completed, in
accordance with the approved relevant resettlement plan for that sub-project,
compensation payment and relocation to new sites, and (ii) ensured that the rehabilitation
assistance is in place and the area required for civil works is free of all encumbrances.
Compensation for vulnerable households including ethnic minorities, female headed-
households, and families with disabled or elderly will be carried out with respect for their
cultural values and specific needs. Appropriate assistance must be provided to help them
improve their socio-economic status.
4.3.2 Harmonization in resettlement policies between GoV and ADB
41. In general, Land Law 2013; Decrees No. 47/2014/ND-CP; 44/2014/ND-CP; Decree
No.43/2014/ND-CP; Circular No. 36/2014/TT-BTNMT, dated 30 June 2014 detail regulation on
method of land valuating, construction, adjustment of price unut, land valuating and consultation
for defining land price; Circular No. 37/2014/TT-BTNMT, dated 13 August 2014 detail regulation on
compensation, assistance and resettlement in the event of land recovery by the State), satisfy the
most principles and objectives of the ADB’s SPS, 2009.
42. However, due to existence of some gaps between policy of Vietnam and ADB, the
Government had approved a Resettlement policy Framework for the MFF. Table 4.1 below
provides summary of differences between Resettlement Policies of the Government of Vietnam
and the Asian Development Bank and the Policy proposed for the MFF.
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Table 4.1. Discrepancies between Decree 47/ND- CP, Decree 43/ND- CP and ADB Safeguard Policy Statement
Policies of GoV
(Land Law 2013, Decree 43/2014/ND – CP and
Decree 47/2014/ND - CP)
ADB SPS, 2009 Project Policy
Severely impacted
APs losing
productive land
Art 19, Decree 47/2014/ND-CP, Stipulates that households directly engaged in agriculture production losing 30% and more of agricultural land, are entitled to support for stabilizing livelihood.
.
The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).
Losing 10% or more of the
household’s assets shall be considered as threshold.
APs without LURC Article 75, Land Law 2013, promulgating regulations on eligibility for land compensation when the State acquires land for the purposes of national defense, security, socio-economic development in the national and public interests.
Article 3, of Decree No. 47/2014/ND – CP stipulates that in case those who own land acquired for building the State structures and meet conditions on land ownership rights as stipulated in provisions of Article 76, Land Law 2014 will be eligible for compensation for remaining investment costs on land. Unless otherwise, the People’s Committees of the provinces and cities directly under the Central authority shall be responsible for considering and solving for specific case.
Art 1, 2, 3, 4 , Article 82, Land Law 2013 stipulate cases ineligible for compensation on land when the State acquires land.
Art 1, 2 and 3, Article 92, Land Law 2013 stipulate cases ineligible for compensation for on-land assets when the State acquires land.
Those APs without legal title to land will be included in consultations. Ensure that APs without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets including dwellings, structures and other improvements to land such as crops, irrigation, at full replacement cost.
Safeguards cover involuntary restrictions on land use or on access to legally designated parks and protected areas. Covers temporary and partial losses.
Project affected people, without legal
or recognizable legal claims to land
acquired, will be equally entitled to
participation in consultations and
project benefit schemes where
possible, and be compensated for their
lost non-land assets such as dwellings
and structures occupied before cut-off
date. They will be entitled to
resettlement assistance and other
compensation and social support to
assist them to improve or at least
restore their pre-project living
standards and income levels.
Updated Resettlement Plan for 500kV Pho Noi and connection ADB Loan No. 2848-VIE: Power Transmission Investment Program
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Policies of GoV
(Land Law 2013, Decree 43/2014/ND – CP and
Decree 47/2014/ND - CP)
ADB SPS, 2009 Project Policy
Compensation for
lost land
Article 3, Art 6, Decree No. 47/2014/ND – CP: The
compensation rates for land shall be determined by
the PPC in accordance with the Government
regulations for the type of land which has been used
for at the time of land acquisition.
Art 74, Land Law 2013: The compensation must be
made in the form of allocating new land with the same
land use purpose with the recovered land. If there is
no land available for compensation, the land users
shall receive compensation in money calculated
according to the specific land price of the type of
recovered land which is decided by the provincial-
level People’s Committee at the time of the recovery decision.
Land based livelihoods restoration based
upon land based strategies where possible,
or cash compensation at replacement value
provided loss of land does not undermine
livelihoods for those with legal rights to
land.. Provide adequate and appropriate
replacement land. If land not available non-
land based options built around
opportunities for employment, self-
employment should be provided in addition
to cash compensation for land and non-land
assets lost.
Where appropriate land-based
compensation is not viable
replacement cost surveys have been
carried out and will be carried out by
the project staff to ensure that project
rates for all categories of loss will be
equivalent to replacement cost at
current market value, to be updated at
the time of compensation and
combined with other assistance and
livelihood restoration measures to
ensure full restoration and
improvements. Provided AP has legal
or recognizable claim, compensation is
for full amount of land acquired.
Differences between
compensation rates
and market rates
Article 113, Land Law 2013, Land price frames The Government shall promulgate land price frames once every 5 years for each type of land and for each region. During the implementation of land price frames, if the popular price in the market increases 20% or more over the maximum price or reduces 20% or more below the minimum price prescribed in land price frames, the Government shall adjust land price frames accordingly.
Provide physically and economically APs
with needed assistance including i) if there
is relocation, secured tenure to relocation
land, better housing at resettlement sites
with comparable access to employment and
production opportunities, integration of APs
economically and socially into host
communities, ii) transitional support and
development assistance such as land
development, credit facilities, training or
employment opportunities, and, iii) civil
infrastructure as required.
Physically displaced (relocated) APs
are to receive relocation assistance,
secured tenure to relocated land, with
comparable access to production and
employment opportunities, and civic
infrastructure and community services
as required, transitional support and
development assistance such as land
development, credit facilities, training
or employment opportunities.
Compensation for
structures
Art 89, Land Law 2013 – Compensation for House,
Structures on Acquired Land.
Rate of compensation for acquired housing,
land and other assets will be calculated at
Full compensation at replacement cost
will be paid for all affected structures
Updated Resettlement Plan for 500kV Pho Noi and connection ADB Loan No. 2848-VIE: Power Transmission Investment Program
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Policies of GoV
(Land Law 2013, Decree 43/2014/ND – CP and
Decree 47/2014/ND - CP)
ADB SPS, 2009 Project Policy
Clause (1) – For houses and land-attached residential
construction facilities of households, individuals or
overseas Vietnamese which are wholly or partially
dismantled upon land recovery by the State while the
remaining part does not meet technical standards as
prescribed by law, their owners are entitled to
compensation equivalent to the value of new houses
and construction facilities with equivalent technical
standards.
If the remaining part of the houses and construction
facilities still meets the technical standards as
prescribed by law, the compensation must be made
based on the actual damage.
Art 92, Land Law 2014 Cases ineligible for compensation for land-attached assets upon land recovery by the State Cases of land recovery due to termination of land use in accordance with law, voluntary return of land or risks threatening human life
Clause (1) Organizations to which land is allocated
by the State without land use levy, or organizations to
which land is allocated with land use levy and the
land use levy is originated from the state budget, are
dissolved, go bankrupt, move to another place, or
have lower or no land use demand; land users which
lease land with annual rental payment are dissolved,
go bankrupt, move to another place, or have lower or
no land use demand
Clause (2) Land-attached assets which are illegally
created or created after the notice of land recovery by
full replacement costs, based upon: i) fair
market value, ii) transaction costs, iii)
interest accrued, iv) transitional and
restoration costs, v) other applicable
payments.
without any deductions for salvageable
materials or depreciation, full
replacement costs, based upon: i) fair
market value, ii) transaction costs, iii)
interest accrued, iv) transitional and
restoration costs, v) other applicable
payments
Updated Resettlement Plan for 500kV Pho Noi and connection ADB Loan No. 2848-VIE: Power Transmission Investment Program
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Policies of GoV
(Land Law 2013, Decree 43/2014/ND – CP and
Decree 47/2014/ND - CP)
ADB SPS, 2009 Project Policy
a competent state agency takes effect.
Clause (3) Technical infrastructure, social
infrastructure and other construction facilities which
are no longer in use.
Compensation for
registered
businesses
Article 19.4b of Decree No. 47/2014/ND-CP
stipulates that economic organizations, households
and individuals engaged in production and business
and foreign-invested enterprises, that have to stop
production and business, are entitled to support in
cash for stabilizing production which does not exceed
30% of the after-tax income of one year being the
average of the three preceding years, averaged over
last 3 years as certified by Tax Dept.
Affected business owners are entitled to i)
costs of re-establishing commercial activities
elsewhere, ii) the net income lost during the
transition period, iii) costs of transferring and
reinstalling plant, machinery and equipment.
Affected business owners are entitled
to i) costs of re-establishing
commercial activities elsewhere, ii) the
net income lost during the transition
period, iii) costs of transferring and
reinstalling plant, machinery and
equipment.
Compensation for
non-registered
businesses
Decree No. 47/2014/ND-CP Provincial-level People’s Committees shall decide on the level and time of support and periodically pay support money suitable to local practical conditions.
No distinction between registered or non-
registered businesses in regards to
compensation entitlement for lost income
and other assistance.
The DPC must certify that the AP has
a business in current operation and
approve the level of lost income.
Monitoring No monitoring indicators indicated Monitoring indicators specified for internal
and external monitoring and reporting
The Executing Agency (EA) must
appoint an independent external
monitor and undertake internal
monitoring according to the critical
indicators.
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43. In Hung Yen, the cut-off date for DMS was on April 30 th, 2014. Persons who
encroach on the area after the cut-off-date are not entitled to compensation or any other
form of resettlement assistance. Although persons who move into the subproject area and/or
who build houses or structures after the subproject cut-off date are not entitled to
compensation or any other form of resettlement assistance, they will be given sufficient
advance notice, and requested to vacate premises and dismantle affected structures prior to
project implementation. However, their dismantled structures will not be confiscated and they
will not have to pay any fine or suffer from any sanction. Forced eviction will only be
considered after all other efforts are exhausted.
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5. PUBCONSULTANT CONSULTATION, INFORMATION DISCLOSURE AND
GRIEVANCE REDRESSAL
5.1 Objectives of Public Consultation and Information Disclosure
44. The main objectives of the public information campaign, stakeholders’ participation and APs’ consultation programs are to (i) provide APs with full information on the proposed project, its components and activities; (ii) obtain information on needs and priorities of APs
and affected communities, their reactions towards project proposed policies and activities;
(iii) achieve cooperation and participation of APs in proposed activities related to RP
preparation and implementation; (iv) ensure that APs are able to participate in and make fully
informed choices on issues that directly affect their incomes and living standards; and (v)
ensure transparency in all activities related to land acquisition, relocation and rehabilitation.
45. The subproject APs who are people living in subproject communes, other
stakeholders related to land acquisition and resettlement for the subproject include
communal officers, mass organization, village leaders in the subproject communes
participated in the consultation meeting during the preparation of the feasibility study report.
Information disclosed in the meeting include: (i) The scope and purpose of subprojects based
on regulations of RP; (ii) policy, principle and procedure of land acquisition, compensation
and resettlement, and (iii) resettlement impacts
46. Besides, APs also consulted in the meeting conducted during preparation of the
resettlement plan in 2011 is to provide information and consult with APs and other
stakeholders regarding: (i) project information; (ii) the scope and objectives of the subproject
based on preliminary design; (iii) the polices, principles, entitlement and procedures for land
acquisition, compensation and resettlement; (iv) implementation schedule and, (v)
preliminary estimates of land acquisition requirements and grievance redress.
5.2 Consultations during RP Updating
5.2.1 The first round consultation
47. The purposes of the first round of consultation, information dissemination are to
initially inform the local authorities about the subproject, its objectives and principles on land
acquisition, compensation and resettlement in accordance with current GoV’s policies and
ADB’s policies on involuntary resettlement, plan, and schedule for the SES, DMS and
information needs for preparing an Updated RP. The meeting was held at office of 01
subproject districts to introduce to local authorities and local NGOs about:
General information on the project;
List of the project affected districts, communes and scale of land acquisition under
the project;
Objectives and Principles of RP according to requirements of GoV and ADB’s
policies on involuntary resettlement;
Schedules of SES and public consultations;
Other issues.
48. In September 2014, Updated RP preparation consultants had organized the first
round consultation for updating the RP in Hung Yen province. Consultant was conducted
with the representatives of the DPC, DCARB, functional departments and organizations,
associations at district levels and leaders from affected communes. Minutes and a list of
participants are attached at Annex 3.
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Table 5.1: Information on the First Round Consultation
Province/
District
Consultation
date Consulted persons Consultation’s content
Hung Yen September
2014
Representatives of district
people’s committees; Representatives of District
Compensation Council;
Representatives of Finance-
Planning Division;
Representatives of Natural
Resources and Environment
Division;
Representatives of Agriculture
Division;
Representatives of Industrial
Commerce Division;
Representatives of Women’s Union;
Representatives of Farmer’s Association;
Representatives of project
affected communes;
Project information
disclosure: objectives,
scope, location etc
Project’s policies on
compensation, assistance
and resettlement.
Consulting on project
impacts on APs.
Consulting on the
possibilities to carry out
livelihood restoration
programs.
Consulting on socio-
economic survey and
inventory of affected
assets.
Collecting opinions on
other issues.
49. During the first round consultation, key issues had been discussed with local leaders
and staff in 02 communes of Luong Tai and Viet Hung, Van Lam districts of Hung Yen and
representatives of CPCs. Almost all opinions focused on the following points: (i)
compensation unit price should be met with market price; (ii) local government and
organizations supported the project implementation and would coordinate with project
stakeholders to disseminate the project’s information and objectives; (iii) a clear
mechanism/requirements with contractors should be available during the construction
execution, site clearance, site reinstatement, assistance for APs during the construction...
5.2.2 The second round consultation
50. At the end of September 2014, Consultant had conducted the second round
consultation (group discussions with the project affected communities) to continuously
disclose information to the APs and collect comments of APs on different issues related to
the compensation and resettlement. The second round consultation also focused on the
topics such as the scope of land acquisition, entitlements of APs, difficulties of APs and
income restoration methods. Minutes and a list of participants are attached at Annex 3.
Table 5.2: Number of Persons Participating in the Second Round Consultation
Location Date Male Female Total
Viet Hung commune 22/9 22 7 29
Luong Tai commune 22/9 10 5 15
Total 32 12 44
51. During the second round consultation, local opinions were focused on following
points: (i) Almost local people supported the project as it brought many benefits to the
community; (ii) APs requested to be compensated in accordance with current regulations and
taken into account different kinds of assistance or allowance; (iii) APs requested the
contractors to execute the construction works during the their leisure time to minimize the
Updated Resettlement Plan for 500kV Pho Noi and connections ADB Loan No. 2848-VIE: Power Transmission Investment Program
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project impacts; (iv) APs would like to have payment for their temporarily affected land area
caused by the contractors.
5.3 Information Disclosure
52. Feedbacks from APs have been taken into consideration. This updated RP reflect
results of policies consultation and disclosure of APs entitlements and the compensation
packages provided to APs.
53. Apart from the regular meetings with APs, NPPMB, PPC, DCARBs and other relevant
agencies, this updated RP has been disclosed to APs in a form and language that they can
understand.
54. In line with ADB’s new public communications policy, ADB shall upload this RP on
ADB’s website.
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6. GRIEVANCE REDRESS MECHANISMS
55. A grievance mechanism will be established that will allow APs to appeal any
disagreeable decisions, practices and activities arising from compensation for land and other
assets or to settle any general project-related disputes. APs will be made fully aware of their
rights and the procedures for making a grievance whether verbally or in writing during
consultation, survey, and time of compensation. Care will always be taken to prevent
grievances rather than going through a redress system or process, and grievances can be
prevented through careful subproject design and implementation by ensuring full and frank
participation and consultation with APs, establishing rapport between the community and
NPPMB and DCARB and frequent interactions, transparency, and monitoring.
56. In order to ensure that all APs’ grievances and complaints on any aspect of land
acquisition, compensation and resettlement are addressed in a timely and satisfactory
manner, and that all possible avenues are available to APs to air their grievances, a well
defined grievance redress mechanism needs to be established. All APs can send any
questions to implementation agencies about their rights in relation with entitlement of
compensation, compensation policy, rates, land acquisition, resettlement, allowance and
income restoration. Otherwise, all APs are not ordered to pay any fee during the grievance
and complaints at any level of trial and court.
57. It is noted that the Project Grievance Redress Mechanism does not impede access to
the country's legal system, meaning that an aggrieved person is free to access a court of law
even at the initial stage of his/her grievances
58. Accordingly approved RPF of project complaints will pass through 4 stages as below.
- First Stage, Commune People’s Committee: An aggrieved affected household may
bring his/her complaint before any member of the Commune People’s Committee, either through the Village Chief or directly to the CPC, in writing or verbally. It is
incumbent upon said member of CPC or the village chief to notify the CPC about the
complaint. The CPC will meet personally with the aggrieved affected household and
will have 15 days following the lodging of the complaint to resolve it. The CPC
secretariat is responsible for documenting and keeping file of all complaints that it
handles.
- Second Stage, District People’s Committee: If after 15 days the aggrieved affected
household does not hear from the CPC, or if the affected household is not satisfied
with the decision taken on his/her complaint, the affected household may bring the
case, either in writing or verbally, to any member of the DPC or the DRC. The DPC in
turn will have 15 days following the lodging of the complaint to resolve the case. The
DPC is responsible for documenting and keeping file of all complaints that it handles
and will inform the DRC of any determination made. The DRC must ensure this
decision is notified to the DP.
- Third Stage, Provincial People’s Committee: If after 15 days the aggrieved
affected household does not hear from the DPC, or if the affected household is not
satisfied with the decision taken on his/her complaint, the affected household may
bring the case, either in writing or verbally, to any member of the PPC. The PPC has
30 days within which to resolve the complaint to the satisfaction of all concerned. The
PPC is responsible for documenting and keeping file of all complaints that reaches
the same.
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- Final Stage, the Court of Law Arbitrates: If after 15 days following the lodging of
the complaint with the PPC, the aggrieved affected household does not hear from the
PPC, or if he/she is not satisfied with the decision taken on his/her complaint, the
case may be brought to a court of law for adjudication.
59. Where complaints about administrative decisions or administrative acts regarding
land management are settled for the first time by the presidents of the People's Committees
of rural districts, urban districts, provincial capitals or provincial towns, but the complainants
disagree with the settlement decisions, they are entitled to initiate lawsuits at people's courts
or continue to complain with presidents of the provincial/municipal People's Committees. In
case of complaining with provincial/municipal People's Committee presidents, the decisions
of the provincial/municipal People's Committee presidents shall be the final ones (According
to Article 202, 203, Land Law 2013);
60. The above grievance redress mechanism is subject to be disclosed and discussed
with the APs to ensure that the APs understand the process. NPPMB and DCARB are
responsible to follow up the grievance process from the APs. Records of the complaints will
be recorded and monitored by the project and the external independent monitor.
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7. VULNERABLE HOUSEHOLDS
61. From the SES’s results, there are 8 poor HHs, in which 2 HHs of Luong Tai and 6
HHs of Viet Hung commune. There is nil the ethnic HH, the handicapped HH. There are 67
woman headed HH (for cases, female is ownership of LURC, they have full family)
8. RELOCATION AND RESETTLEMENT
62. There are no relocation HHs caused by the land clearance for the subproject
construction. Thus, the issues on relocation and resettlement are not mentioned in this
updated RP.
9. INCOME RESTORATION AND REHABILITATION
63. In addition to compensation of loss of land and non-land assets, the Affected Persons
(APs) will be provided various types of allowances for life stabilization as per Government
laws and regulations and ADB requirements. The RP therefore includes possible income
restoration activities that are based on the inventory during the social survey for initial
planning. During the conduct of detailed measurement survey (DMS), NPT/NPPMB through
the concerned PPC, with the assistance of TA Loan consultants and Income Restoration
Program, will further review and develop the income restoration program by evaluating the
household’s specific needs against the household’s preferences, inclination and
preparedness, and by assessing the availability of external support needed by the household
to pursue its chosen livelihood activities. NPT/NPPMB through Hung Yen PPC, will
investigate and evaluate possible employment, credit facility and provider of training when
conducting needs and opportunities assessment for each participating eligible household.
64. In order to assist APs restore livelihoods and income levels, the project will provide an
income restoration program that is adapted to the needs and situation of the APs as
determined in the socio-economic surveys. The APs covered by the income restoration
program are identified in the entitlement matrix.
65. The scope of the entitlements includes an allowance to cover their living costs during
a period of project implementation, aiming at restoring AP's current livelihood and income-
generating activities or make a transition to new income-generating activities. In-kind
assistance to strengthen or initiate income-generating activities will also be provided.
66. In-kind assistance to strengthen or initiate income-generating activities will be
decided in consultation with local authorities and APs eligible for the income restoration
67. Restoring livelihoods does not only mean restoring incomes but also restoring
capacity in relation to various types of resources. The income restoration strategy is
designed to restore these resources both at household level and at community (village) level.
Because local resources have important limitations, external resources (technical assistance,
financial resources, and new physical resources) are brought in through RP.
68. DMS reported that about 174 APs losing 10% of total landholdings, 90 APs losing of
30%-70% total landholdings and 01 APs losing 70% of total landholdings (i.e., paddy rice,
vegetable gardens fruit-bearing trees or perennials). Since most of the APs are farmers, the
loss of these lands will directly reduce their capacity to produce commodities for their
sustenance, as well as sell surpluses to the market. Table 9.1 below provides details on the
affected households loosing productive land.
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Table 9.1 Number of households by percentage of productive land affected
No Commune Below
10%
From 10
% to 30%
From 30
% to 70%
Upper
70% Total
1 Viet Hung 126 166 88 1 381
2 Luong Tai 31 8 2 41
Total 157 174 90 1 422
These 265 APs will be assisting for job changing and creation as follows:
- Allowance cash for permanently acquired land: it is estimated as 3 times of land unit price).
- Allowance for Vocation Training Voucher: it is estimated as 3,000VND/ m2.
- For the poor households, cash assistance equal to 30 kg of rice (at market price) per each family member per month for at least 6 months.
- For other vulnerable APs, assistance of VND 2,000,000 per household to improve.
69. Plan for improving and livelihood restoration for APs
Job training: Besides cash allowance for changing job and creating work (for provinces of
Hung Yen: cash allowance equal to 3 times of acquired agricultural land price; for Bac Ninh
province cash allowance equal to 3 times of acquired agricultural land price), the project will
create the conditions to register in the job traiing centers in and out of province. The
participants will sign contract with DCARBs. The training job centers and the social
organizations of the communes will help these people for finding job (but not responsibility for
the participants when they did not find job).
Loan assistance: Representing for district, DCARBs.of district will establish a long-term
contract with one of the banks. The contract will form the loan guarantee fund and should be
paid a service fee. In return, the bank will manage the saving money of households and
identify all affected households in the project area who subject to a reliable lender for micro
loans, except specific. In particular, the poor, the disabled, women, illiterate people, or
households with a member who is addicted is not the name of loans, will not be considered a
reason not to have access to loans. The women unions of communes have experience in the
management of micro-loan fund and as such, the contract can be established with a portion
of this union. Similar to women union, other organizations can sign up to manage a portion of
this fund. Complying with the regulations to be able to optimize the operation, the bank will
be responsible for approving the purpose of household loans and decide on the ceiling
lending, interest rate and loan term.
Priority in recruiting for construction: DCARBs contacts the contractors to organize local
recruitment as defined in the tender. Schedule and requirements for minimum skills will be
scheduled. Information about the employment opportunities will be available at the villages
under the accessible form to all people. The short pre-recruitment training will be held.
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70. Following detailed investigation, DCARBs. organizes consultation programs for the
hardly affected HHs. The programs are including:
(i) Interview the individual or group of hardly affected HHs and separately interview
the women who are household owners or the members of the hardly affected HHs;
(ii) Implementation to assess the demands to identify the economic restoration form
by objects, as describing above, but the hardly affected persons thought that it could help
them in the best way to restore their livelihood and living standard;
(iii) Collect the opinions and feedback from the hardly affected HHs and the proposed
measures as well as identify further participation of the hardly APs in the implementation and
management of measures;
(iv) The results of the consultation program and other measures of economic recovery
after the determination will be included in the updated report resettlement plan to submint to
the PPC for approval.
71. DCARBs, along with the Women Union, Youth Union, Farmer Union and Non-
Governmental Organizations and other community organizations, and according to the requests
of state departments and provincial agencies will coordinate the implementation works of
restoration measures for the hardly Aps.
72. Regardless of the number of households with female owner that were identified in the
investigation of loss, women in all the affected households are responsible to earn money as well
as manage the household demands. Therefore, the importance of ensuring that women in hardly
affected areas are devoted special attention in the consultations and assistance programs
mentioned above, as well as equal priorities labor recruitment in the construction phase.
73. The effectiveness of these measures will be assessed through the external monitoring
program, the proposed program will be implemented during the project implementation.
Estimates for works of income restoration assistance are in the table below:
Table 9.2 Estimated cost of income restoration program
Income Restoration Unit Rate AP Amount
(VND)
1 Vocation Training
Voucher M2
3,000 VND
per m2 422 579,898,500
2 Job Changing
Allowance M2
198,000
VND per
m2
422 36,217,962,000
3 IR Planning
sessions SAH 1,000,000 265 265,000,000
4
IR Agency
Support lump-sum
50,000,000/
commune 100,000,000
(02 communes)
Total 37,071,860,500
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10. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION
10.1 Institutional Arrangements
74. Implementation of the resettlement plan requires the participation of relevant
agencies from the Central to province, district, and commune level. The Executing Agency
has the overall responsibility for implementation of the RP, District Compensation,
Assistance and Resettlement Board (DCARBs) will be established at district level according
to Decree 43/2014/NA-CP and Decree 47/2014/NA-CP.
10.1.1 Institutional Features at Central level
75. EVN through NPT is the EA, through its NPPMB to manage the resettlement issues.
The NPPMB are implementing agencies mandated for the overall management and
supervision of subprojects funded by Official Development Assistance (ODA).
76. NPT and the NPPMB have extensive experience in delivering ADB funded projects.
Not with standing this, additional capacity support will be provided within NPPMB to prepare
and update the RP as well as ensuring implementation of resettlement in accordance with
the approved documentation. This support will comprise one full-time qualified and
experienced social safeguard specialist to manage the resettlement related issues. In
addition to this support within the NPPMB, the NPPMB will be responsible for the hiring of
project implementation consultants (PICs) for each subproject
77. No civil works in any geographical area will commence until all compensation and
relocation entitlements including any transitional and/or livelihood related entitlements have
been paid in full.
78. The NPT will:
i Provide overall management and coordination of the subproject;
ii Liaise with IAs to carry out all subproject components;
iii Coordinate with ADB in providing resettlement consultant services for the
subproject;
iv Support the NPPMB for updating RP of the subproject’s components;
v Consolidate subproject progress reports on land acquisition and resettlement
submitted by the NPPMB for relevant ministries and ADB; and Recruit and
supervise the external independent organization (or consultants) for external
resettlement monitoring.
1. Role of NPPMB
i Actively participate in the RP updating and implementation activities in
collaboration with the concerned organization at the Province, District and
Commune levels;
ii Liaise with the Province People’s Committee (PPC) to facilitate the establishment of the CARB at the provincial/city and district levels.
iii Provide an orientation, to the concerned People’s Committees of the province/city, districts, and communes, the DCARB and related groups on the
project, its Resettlement Policy,
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iv Process flow, and on the specific tasks of these groups relative to the updating
and implementation of the RP;
v Take the lead in the public disclosure of the Project RP in coordination with the
concerned People’s Committees, and participate in project information dissemination and holding of consultation meetings with APs and other
stakeholders;
vi Monitor grievances related to the project and calls the attention of concerned
government offices where complaints have remained outstanding beyond
prescribed action periods;
vii Design and implement an internal monitoring system that shall capture the
overall progress of the RP updating and implementation; and prepare quarterly
progress reports for submission to NPT and ADB;
viii Hire and closely coordinate with an External Monitoring Agency (EMA) that shall
perform a third-party monitoring and evaluation of the RP updating and
implementation
10.1.2 Institutional Features at Provincial Level
79. Provincial People’s Committee. The main responsibilities of the PPC in each province include: (i) establishment and mobilization of Provincial Compensation and Resettlement
Board (PCARB) (ii) organization and mobilization of all organizations and individuals
concerning compensation, support and resettlement policies and ground clearance according
to the land recovery decisions of competent State bodies; (iii) updating the unit costs to
reflect the replacement cost of subproject-affected private and public assets; (iv) planning
resettlement arrangements, job change training plans according to their assigned
competence; (v) authorizing the DPC to approve compensation, assistance support to APs;
(vi) providing guidance to concerned agencies on the neutral settlement of citizens’ complaints, denunciations related to compensation, support and resettlement; (vii)
authorizing the DPC to apply coercion to cases of deliberately failing to abide by the State’s land recovery decisions;
10.1.3 District and Commune Levels
80. District People’s Committee. The DPC will be responsible for the following: (i)
extension of support for updating and preparation as well as implementation of the RP; (ii)
review and submit all RP to PPC as endorsed by DCARB; (iii) review the accuracy of and
validate the cost estimates for compensation and assistance; (vi) acquisition of Land Use
Rights Certificates (LURCs) for households and individuals who have lands and/or houses
entirely-recovered; (vii) adjustment of LURCs for households and individuals whose lands
and houses have been partially affected; (viii) responsible for the redressed of complaints
and grievance from APs; (ix) concurrence with the schedule of RP implementation and
monitor the progress thereon; and (x) mobilization of the respective DCARB that will appraise
the compensation and assistance to APs; as well as (xi) the provisions of lands to APs.
81. District Compensation and Resettlement Board (DCARB) : The responsibilities of the
DCARB will be the following: (i) organize and carry out resettlement activities in the district
on behalf of the DPC; (ii) assist in the DMS, public consultations and disclosure activities; (iii)
review and submit to DPC proposed compensation, assistance and resettlement alternatives;
(iv) assist in the identification and allocation of land for the APs; (v) along with the CPC,
assist NPPMB in the timely delivery of compensation payment and other entitlements to APs;
and (vi) assist in the resolution of complaints and grievances:
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(i) The dissemination of the Public Information Brochure and other publicity
material; ensuring that APs are aware of the LAR process.
(ii) Planning and carrying out the DMS and the disbursement of compensation
payments.
(iii) The identification of severely affected and vulnerable APs and the planning
and implementation of rehabilitation measures for these APs.
(iv) Help identify any resettlement sites and new farming land for APs who cannot
remain in their present location.
(v) Assist in the resolution of AP grievances.
(vi) Facilitate the work of the agency appointed to undertake the external
monitoring.
82. Commune People’s Committee. The CPCs will assist the NPPMB and the DCARB in
the following tasks: (i) remind the APs about the compensation plan and the process of
delivery, income restoration plans, relocation strategies and land clearance requirements
based on the approved RP; (ii) maintain the list of eligible APs that will be provided after the
DMS has been conducted; (iii) assign commune officials to extend assistance in the update
and/or preparation as well as the implementation of the RP; (iv) identify replacement lands
for the APs; (v) sign the Agreement Compensation Forms along with the APs; and (vi) assist
in the resolution of grievances and in other related-resettlement activities and concerns.
10.2 Implementation
83. The implementation process will be as follows:
(i) Establishment of the DCARBs. The DPC will establish DCARBs for the
subprojects, and entrust tasks to relevant agencies and entities.
(ii) Land clearance/boundary setting for the Subproject. After receiving the PPC
and DPCs in revoking land and handing over land to the NPPMB for
implementing the subprojects, NPPMB will cooperate with the provincial
Department of Natural Resources, Environment and the specialized cadastral
agency having a contract with NPPMB to determine the subproject land
clearance red line and setting out boundary at the field, handing over land to
implement resettlement tasks for the displaced persons, in order to clear land
for the subproject. Relevant Offices of Natural Resources, Environment of
districts and Commune People’s Committees of the subproject will assign their staff working as members of DCARBs to implement this task.
(iii) Engagement of External Monitoring Agency (EMA): NPT will engage the
services of an EMA to carry out independent monitoring and evaluation of RP
preparation and implementation activities. Semi-annual progress reports will be
submitted by the EMA to NPT and ADB.
(iv) Information campaign before DMS. According to Article 67, Land law 2013,
before land acquisition, within 90 days in case of agricultural land and 180 days
in case of non-agricultural land, the DCARBs must send written notices to
affected land owners in respect of reasons for land acquisition, time and plan of
displacement, resettlement options, land clearance and resettlement.
(v) Before census and detailed measurement survey, NPPMB in cooperation with
local authorities of districts and communes will provide subproject information
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to residents in the subproject area. Information will be broadcasted via the
public address system of the locality in combination with other multi-media
such as radios, press, television, brochures or letters delivered to households
to be open posted in public areas.
(vi) Orientation meetings will be held in the subproject affected commune to notify
the affected community about the scope and scale of the subproject, impacts,
policies and rights for all kinds of damages, implementation schedule,
responsibilities for organization, and complaint mechanism. Brochures
including (images, photos or books) related to subproject implementation will
be prepared and delivered to all affected communes in the meetings.
(vii) Conduct of Replacement Cost Survey by a Qualified Agency. A qualified
agency will be engaged by NPT to assist PPC in determining the current
market price under normal condition of land and non-land assets. If there is a
significant difference between compensation price and market price as per
replacement cost survey carried out by a qualified agency, PPC will update the
compensation unit price according to regulations and implementation guidance
of Decree No.47/2004/CP and 44/2014/ND-CP.
(viii) Detailed Measurement Survey: DMS will be undertaken once detailed design
is finalized. These surveys will be the basis for the preparation of
compensation plan and for preparation of the RP.
(ix) Preparation of Compensation Plan: DCARBs are responsible for applying
prices and preparing compensation tables for each affected commune. PMB
and People’s Committees of districts will appraise these tables in respect of
prices, quantities of affected assets, rights that the displaced persons are
entitled to, etc. before notifying each commune for review and comments. All
tables of compensation price application must be checked and signed by the
displaced persons to prove their consensus. PMB and DCARBs will submit the
proposed unit rates as per result of the replacement cost survey to PPC for
review and approval. The unit rates to be applied will be based on the
approved unit rates of PPC.
(x) Submission of RP and ADB concurrence. NPPMB will prepare Updated Plan,
disclose key information of the Updated RP to the displaced persons and
submit the same to ADB for review and concurrence.
(xi) Uploading on ADB website. Once the RP is acceptable to ADB, the RP will be
uploaded on the ADB website.
(xii) Implementation of RP. Compensation and assistance will be paid directly to the
APs under the supervision of representatives of DCARBs, commune
authorities and representatives of the displaced persons. Income restoration
and relocation plan will be implemented in close consultation with the APs and
concerned agencies.
Monitoring. Internal monitoring and independent monitoring will be implemented from RP
preparation to implementation. Grievances received will be addressed through the grievance
redress mechanism set up for the subproject. One post-subproject assessment survey will be
undertaken by the EMA within 6 to 12 months after completion of compensation and
resettlement activities.
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84. The EA will prepare periodic monitoring reports on the progress of EM peoples plan
implementation, highlighting compliance issues and corrective actions, if any. The EA will
submit semi-annual monitoring reports to ADB.
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11. COST ESTIMATE AND BUDGET
85. A replacement cost assessment was conducted in subproject districts by Consultant
in September, 2014. A number of activities had been conducted to identify, compare and
evaluate the compensation unit prices, which include:
Desk study the implications of the national legal orders to the compensation
principles when the GoV acquires land for the purposes of national, defense, public
works and economic developments such as Land Law 2013; Decrees No.
Total 891,000,000 36,217,962,000 16,000,000 37,124,962,000
Commune Unit Crop (rice)
Luong Tai Area (m
2) 10,395
Amount 103,946,800
Viet Hung
Area (m2) 182,905
Amount 1,829,048,000
Total Area (m
2) 193,299
Amount 1,948,029,800
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11.5 Summary of Compensation Costs
93. The project resettlement implementation cost includes compensation for land, assets,
rehabilitation assistances/allowances, implementation management costs and contingency.
Table below presents a summary of the resettlement implementation cost for Hung Yen
province. Total estimated cost is VND 69,259,000,000 (equivalent to USD 3,221,349)
Table 11.4: Summary of Compensation Costs
No Items No. APs Description Ammounts
A Land Attachment 1 15,831,598,200
1 Agricultural Land 422
12,757,767,000
2 Public Land (Allowance for land) 2
3,073,831,200
B Assets/Structures
Attachment 1 121,451,700
1 Graves 43
121,451,700
C Crop and Trees
Attachment 1
2,030,188,000
1 Crop (Paddy) 422
2,030,188,000
D Allowances and Income Restoration Programme
41,061,091,700
D.1 Allowances
40,481,193,200
1 Living Stabilization Allowance 91
891,000,000
From 30% - 70% total landholdings 90
30kg of rice/per/month x 6 months x 12,500VND
/kg of rice 864,000,000
Aboves more than 70% total landholdings
1 30kg of rice/per/month x 12 months x 12,500VND
/kg of rice 27,000,000
2 Job Changing Allowance 422 198,000 VND per m2 36,217,962,000
3 Allowance for commune works 2 6,000 VND/m2 1,439,236,200
4 Bonus 422 10,000VND per m2 1,932,995,000
D.2 Income Restoration Programme
579,898,500
1 Job training allowance 422 3,000 VND per m2 579,898,500
E Sub-total 1
E=A+B+C+D 59,044,329,600
F Management Cost
1,180,886,592
1 Administrative cost (2%) 2%*E 1,180,886,592
G Sub-total 2 G=E+F 60,225,216,192
H Contigency (10%) 15%*G 9,033,782,429
I Total I=H + G 69,258,998,621
In round 69,259,000,000
In $ 3,221,349
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12. IMPLEMENTATION SCHEDULE
94. Table below summarizes the steps remaining for the implementation of land
acquisition, compensation and resettlement activities in Van Lam district of Hung Yen.
95. ADB shall not approve of any award of civil works contract for any sub-project to be
financed from the loan proceeds unless the Resettlement Plan following detailed design and
based on detailed measurement survey has been submitted to and approved by ADB.
96. The EVN shall ensure that civil works contractors are not issued a notice of
possession of site for construction works with respect to any specific section of a road
unless, for that section, EVN has (i) satisfactorily completed, in accordance with the
approved RP, compensation payment and relocation to new sites; and (ii) ensured that
required rehabilitation assistance is in place and the area required for civil works is free of all
encumbrances.
Table 12.1. Implementation Schedule
Resettlement Implementation activities in brief Tentative schedule
Start DMS and RP Updating after loan negotiation March - April 2014
Submission and ADB Approval of Updated RP Octorber 2014
Disclosure updated RP to local authorities and APs November 2014
Implementation of Updated RP December 2014
Start Construction of sub-project Sep 2014
Implementation of Income Restoration Program 2014 - 2015
Internal Monitoring (Submission of Quarterly Progress Reports) January 2014 onwards
External Monitoring (intermittent) December 2014 – 2015
onwards
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13. MONITORING, EVALUATION AND SUPERVISION
13.1 Monitoring and Reporting
97. The Subproject will establish systems for internal and external monitoring and
evaluation. The main purpose of the monitoring and evaluation programme is to ensure that
resettlement and acquisition of land and properties has been implemented in accordance
with the policies and procedures of the RP. External monitoring and evaluation, in particular,
will focus on social impacts on APs and whether or not APs have been able to restore a
standard of living equal to, if not better than, that which they had before the subproject.
98. The objectives of the monitoring and evaluation programmes are to (i) ensure that the
standard of living of APs is restored or improved; (ii) monitor whether the time lines are being
met; (iii) assess if compensation, rehabilitation measures and social development support
programmes are sufficient; (iv) identify problems or potential problems; and (v) identify
methods of responding immediately to mitigate problems
13.2 Internal Monitoring
99. The NPPMB will conduct the internal monitoring of RP implementation for NPT to
identify as early as possible the activities achieved and the cause(s) of problems
encountered so that arrangements in RP implementation can be adjusted. Related
information will be collected monthly from the field to assess the progress of RP
implementation and will be consolidated. Results of the internal monitoring are to be reported
quarterly to ADB.
100. An initial key indicator will be, as per assurances to the ADB, the payment of
compensation, relocation to new sites, and rehabilitation assistance being in place before
award of civil contracts and these will be monitored under each of the Civil Contracts. The
other main indicators that will be monitored regularly are:
(i) Payment of compensation to all APs in various categories, according to the
compensation policy described in the RP.
(ii) Delivery of technical assistance, relocation, payment of subsistence and
moving allowances.
(iii) Delivery of income restoration and social support entitlements.
(iv) Public information dissemination and consultation procedures.
(v) Adherence to grievance procedures and outstanding issues requiring
management’s attention. (vi) Priority of APs regarding the options offered.
(vii) Coordination and completion of resettlement activities and award of civil works
contract
13.3 External Monitoring Agency
101. The general objective of the external monitor is to provide an independent verification
of the Borrower’s monitoring information through the conducting of a periodic review and
assessment of achievement of resettlement objectives, the changes in living standards and
livelihoods, restoration of the economic and social base of the affected people, the
effectiveness, impact and sustainability of entitlements, the need for further mitigation
measures if any, and to learn strategic lessons for future policy formulation and planning.
Updated Resettlement Plan for 500kV Pho Noi and connections ADB Loan No. 2848-VIE: Power Transmission Investment Program
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102. The following indicators will be monitored, upon approval of this RP and evaluated by
the EMA:
i. Payment of compensation will be as follows: (a) Full payment to be made to all affected persons sufficiently before land acquisition; adequacy of payment to replace affected assets; and (b) Compensation for affected structures should be equivalent to the replacement cost of materials and labour based on standards and special features of construction with no deductions made for depreciation or the value of salvageable materials.
ii. Coordination of resettlement activities with construction schedule: the completion of land acquisition and resettlement activities for any component should be completed prior to award of the civil works contract for that component.
iii. Provision of technical assistance for house construction to APs who are rebuilding their structures on their remaining land, or building their own structures in new places as arranged by the subproject, or on newly assigned plots.
iv. Provision of income restoration assistance under the income restoration programme
v. Public consultation and awareness of compensation policy: (a) All APs should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) The monitoring team should attend at least one public consultation meeting each month to monitor public consultation procedures, problems and issues that arise during the meetings, and solutions that are proposed; (c) Public awareness of the compensation policy and entitlements will be assessed among all APs; (d) Assessment of awareness of various options available to APs as provided for in the RP
vi. Affected persons should be monitored regarding restoration of productive activities.
vii. The level of satisfaction of APs with various aspects of the RP will be monitored and recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress will be monitored.
viii. Throughout the implementation process, the trends of living standards will be observed and surveyed. Any potential problems in the restoration of living standards will be reported.
103. The EMA shall submit quarterly reports to the NPT. One post-subproject assessment
survey will be undertaken by the EMA within 6 to 12 months after completion of
compensation and resettlement activities.
104. If the subproject affects EM population, EMA will prepare periodic monitoring reports
on the progress of RP implementation, highlighting compliance issues and corrective actions,
if any. The NPT will prepare semi-annual monitoring reports that describe the progress of the
implementation of resettlement activities and any compliance issues and corrective actions
and send a copy to ADB. These reports will closely follow the involuntary resettlement
monitoring indicators agreed at the time of resettlement plan approval. The costs of
monitoring requirements will be reflected in project budgets.
Updated Resettlement Plan for 500kV Pho Noi and connections ADB Loan No. 2848-VIE: Power Transmission Investment Program
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ANNEXES
ANNEXES
Annex 1: Project Entitlement Matrix
Annex 2: Replacement cost survey
Annex 3: The minute of community consultation meeting
Annex 4: Detail Measurement Survey (DMS)
Annex 5: Corrective action Plan (CAP)
Annex 6: Questionnaire sample
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Annex 1: Project Entitlement Matrix
Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
A. AGRICULTURAL LAND
A.1: Temporarily Affected Agricultural Land
Owners with
LURC, owners
in process of
acquiring
LURC, owners
eligible to
acquire LURC
AND public
organizations
Loss of use of the land for a
period less than 1 year
No compensation for land; however, the Subproject will:
a/ Pay the rent in cash, which will be no less than the net income that would have been
derived from the affected property during disruption. ,
b/ Restore of land within 1 month after using to its previous or better quality OR pay full
replacement cost to the land owner if it fails to restore the affected land within 1 month after
use of land
Subproject is responsible to restore the
borrowed land within 1 month after use of land
or negotiates with APs to restore and pay for
them.
PPMBs and EMA are in charge of monitoring
on restoration of the affected land.
Full payment for APs at least 03 months
before site clearance Loss of use of land exceeds 1
year.
No compensation for land; however, the Subproject will:
a/ Pay the rent in cash, which will be no less than the net income that would have been
derived from the affected property during disruption. ,
b/ Restore of land within 1 month after using to its previous or better quality OR pay full
replacement cost to the land owner if it fails to restore the affected land within 1 month after
use of land.
Or
AP can ask the Subproject to acquire permanently that land affected at replacement cost
User with
lease or
temporary
right
Loss of use of the land for a
period less than 1 year
No compensation for land; however, the Subproject will:
a/ Pay the rent in cash, which will be no less than the net income that would have been
derived from the affected property during disruption. ,
b/ Restore of land within 1 month after using to its previous or better quality OR pay full
replacement cost to the land owner if it fails to restore the affected land within 1 month after
use of land
Subproject is responsible to restore the
borrowed land within 1 month after use of land
or negotiates with APs to restore and pay for
them.
PPMBs and External monitoring agency
(EMA) is in charge of monitoring on restoration
of the affected land.
Full payment for AHs at least 03 months
before site clearance
Loss of use of land exceeds 1
year.
No compensation for land if returned to original user; however, the Subproject will:
a/ Pay the rent in cash which will be no less than the net income that would have been
derived from the affected property during disruption.
b/ Restore of land within 1 month after using to its previous or better quality OR pay full
Updated Resettlement Plan for 500kV Pho Noi and connections ADB Loan No. 2848-VIE: Power Transmission Investment Program
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
replacement cost to the land owner if it fails to restore the affected land within 1 month after
use of land.
Or
AP entitled to compensation for the remaining value of the lease contract
Non-titled user No compensation for land; however, the Subproject will pay cash compensation for loss of
standing crops and trees at market prices (see D, below).
Compensation will be at least equivalent to
income lost as a result of the temporary
acquisitions of the land.
A.2 Permanently affected agricultural land
Owners with
LURC, owners
in process of
acquiring
LURC, owners
eligible to
acquire LURC
AND public
organizations
More than 10 percent or more of
total productive landholding
affected
a/ As a priority, allocation of replacement land: (i) equal in area to affected land up to a
maximum of land quota in the locality; (ii) of same category (or productive capacity); (iii) at a
location satisfactory to DP; (iv) with full title in the names of both the household head and
his/her spouse; and (v) without charge for taxes, registration and land transfer charges; and
b/ Economic rehabilitation package (see G, below);
Or, if AP opts,
a/ Cash compensation at replacement cost); and,
b/ Economic rehabilitation package (see G, below).
If remaining land holding is not economically
viable i.e. is to small to be economically
cultivated, the Subproject will acquire the
entire land holding and not just the affected
portion. The size of the entire holding will be
the basis for providing replacement land or
cash compensation. The economically
remaining land area will be identified by
DCARB for each case.
DCARB will determine whether the remaining
holding can be viable or not and take care of
this issue during DMS implementation.
Full payment for AHs at least 01 months
before site clearance
Less than 10 percent of total
productive landholding affected;
OR No suitable replacement
land available
Cash compensation at replacement cost at current market prices for affected portion if
remaining holding is viable;
OR
Cash compensation at replacement cost at current market prices for entire landholding, if
remaining holding is not viable.
Implemented by DDCARBs
Decided by DPCs
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
Affected landholding located in
urban, peri-urban or rural
residential area, as per approved
land use plan
a/ Cash compensation at replacement cost for affected land; and
b/ Additional cash allowance equal to 20 percent of the agricultural land value but the
supported area is not exceeding 5 (five) times of the land quota in the locality.
Implemented by DDCARBs
Decided by DPCs
Affected land lying intermixed
with residential areas but un-
certified as residential land; pond
and garden land lying the same
area containing residential
houses along canals and along
transportation lines.
a/ Cash compensation at replacement cost for affected land; and
b/ Additional cash allowance equal to 40 percent of the agricultural land value but the
supported area is not exceeding 5 (five) times of the land quota in the locality.
Implemented by DDCARBs
Decided by DPCs
Affected landholding is under
dispute.
Compensation (for land and all non-land affected assets on the affected land) held in escrow
account until land dispute is resolved.
Implemented by DDCARBs
Decided by DPCs
User with
lease or
temporary
rights
Any impacted items Cash compensation equivalent to 30 percent of replacement cost for affected land;
OR,
Cash compensation for loss of net income for the remaining leased or assigned period,
whichever is higher.
Preceding note on viability of remaining
(unaffected) portion of plot also applies
Implemented by DDCARBs
Non-titled user Any impacted items a/ No compensation but to be supported for affected land at the same compensation price for
the land with lowest position in the land categories of the province, and
b/ Economic rehabilitation package in lieu of compensation (see G, below).
For non-titled APs with no other productive
landholdings, local authorities will allocate
replacement land with temporary or lease land
rights
Eligible
organizations
Any impacted items a/ No compensation for affected land but support equivalent with 70% of compensation value
of the affected land; and
b/ Cash compensation at current market prices for all non-land affected assets on the
affected land and allowance for transfer assets, If any.
The compensation amount must be paid to
account of affected commune and used for
infrastructure improvement of the commune
A.3 Impact on productive land in ROW
Updated Resettlement Plan for 500kV Pho Noi and connections ADB Loan No. 2848-VIE: Power Transmission Investment Program
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
All AHs have
trees/fruit
trees in
ROW
Partially impact or totally impact a/ No compensation for land.
b/ Compensation for fruit trees and others at market price.
Affected land in ROW will be rehabilitated by
contractors after the subproject construction
and land in ROW could be used with the
restricted purposes. (Described in Decree 81,
2009, article 1)
AHs can be required to cut affected trees,
subproject will pay for this work.
B. RESIDENTIAL AND/OR NON-AGRICULTURAL LAND (e.g., commercial)
B.1. Temporarily Affected Residential and/or Non-Agricultural Land
Owners with
LURC, owners
in process of
acquiring
LURC, owners
eligible to
acquire LURC
Temporary loss of use of land No compensation for land; however,
a/ The Subproject will pay rent to APs during temporary use; and
b/ Compensation for any demolished structures at replacement cost; and
c/ Restore land within 1 month after use to its previous or better.
Rent will be determined so as to be not less
than the amount of income foregone due to
the temporary loss of this land
PPMBs and EMA are in charge of monitoring
contractors on restoration of the affected land.
User with
lease or
temporary
right
Temporary loss of use of land No compensation for land; however,
a/ The Subproject will pay rent to APs during the temporary use or compensation for the
remaining value of the contract; and
b/ Compensation for any demolished structures at replacement cost; and
c/ Restore land within 1 month after use of land to its previous or better quality.
OR, if AP opts:
a/ Compensation for any demolished structures at replacement cost; and
b/ Compensation for the remaining value of the contract.
c/ Restore land within 1 month after use of land to its previous or better quality.
Rent will be determined so as to be not less
than the amount of income foregone due to
the temporary loss of this land
PPMBs and EMA are in charge of monitoring
contractors on restoration of the affected land.
B.2. Permanently Affected Residential and/or Non-Agricultural Land
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
Owners with
LURC, owners
in process of
acquiring
LURC, owners
eligible to
acquire LURC
Loss of residential and/or non-
agricultural landholding without
houses and structures built
thereon
As a priority, allocation of replacement land: (i) equal to area of affected land up to a
maximum of land quota in province of subproject; (ii) of same type (e.g., residential,
commercial); (iii) at a location satisfactory to DP; (v) with full title in the names of both the
household head and his/her spouse; and (vi) without charge for taxes, registration and land
transfer charges;
OR, if AP opts,
Cash compensation at replacement cost for the affected land. The compensated area does
not exceed the residential land quota in the locality; and
a/ The DPC will determine availability of
replacement land
b/ Affected landholding is under dispute:
Compensation held in escrow account until
land dispute is resolved.
c/ Full payment for AHs at least 03 months
before site clearance
Affected landholding exceeds
area of land quota.
a/ Cash compensation for the area greater than land quota at replacement cost based on
current market prices for agricultural land plus an allowance equal to 40% of the affected
residential land value; and
b/ Cash compensation at replacement cost for non-land affected asset (see C below).
Loss of residential land/or non-
agricultural landholding with
houses and structures built
thereon.
AP will be entitled to one of the following options:
(i) Stay and rebuild their houses/structures on the remaining land if viable, and cash
compensation at replacement cost for the affected land area and the affected
house/structures without depreciation of salvable materials, plus package of rehabilitation
allowances (see G); OR
(ii) Relocation in resettlement site with cash compensation at replacement cost for the
affected house/structures without depreciation of salvable materials, plus package of
rehabilitation allowances (See G). If amount of compensation is lower than value of a
standard plot or apartment in resettlement site, the difference payment is not required; OR
(iii) Self-relocation with cash compensation at replacement cost for affected land and
house/structures without depreciation of salvable materials, plus package of rehabilitation
allowances (see G); and relocation household is entitled to support by cash for preparation of
housing foundation equal to the average investment value in infrastructure of a standard plot
in resettlement site.
a/ Infrastructure in relocation site will be
constructed by subproject.
The resettlement sites are all close to the
affected area and with completed
infrastructures.
b/ Affected landholding is under dispute:
Compensation held in escrow account until
land dispute is resolved.
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
User with
lease or
temporary
rights
Loss of residential land/or non-
agricultural land
a/ Cash compensation for the remaining value of contract, and
b/ Cash compensation at replacement cost for house/structures on affected land, and
c/ Package of rehabilitation assistance (see G below).
Local authorities assist AP to find alternative
land.
Non-titled user Loss of residential land or non-
agriculture land
No compensation for affected land; however,
a/ Non-titled AP entitled to compensation for affected structures (see C, below), and
b/ Package of rehabilitation allowances (see G below)
a/ In case of non-titled AP has no other
residential land/or non-agriculture land: Local
authorities should consider to allocate
replacement residential land or house with full
title and plus package of rehabilitation
allowances
b/ In case of non--titled AP has no other non-
agriculture land: Local authorities should
consider to allocate replacement non-
agriculture land with temporary of lease land
right.
Eligible
organizations
Loss of non-agricultural land a/ No compensation for land if land use fee is unpaid or paid by state funds, otherwise cash
compensation for land at replacement cost; and
b/ Cash compensation for affected structures and allowance of relocation if any.
B3. Impact on residential land in ROW
All AHs have
house/Structur
e and trees in
ROW
Partially impact on house or
structures in ROW (affected area
less than 50% of total land area
without any impact to the
remaining structures of the
house/building
a/ No compensation for land.
b/ Retain their houses in ROW according to the conditions regulated by Article 6 of Decree
No. 106/2005/NA-CP and Cash compensation for directly affected parts of the houses at the
replacement cost and cost for demolishing the affected part.
C/ Support for utilization restricted land
AHs will demolish the impacted part/structures
and reconstruct or improve their houses
themselves.
Affected land in ROW will be rehabilitated by
contractors after the subproject construction
and land in ROW could be used with the
restricted purposes.
Consulting with AHs on options of retaining
their house in ROW or removing out of ROW
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
Demolishing partial or totally
impact on house/structures
(impact > 50%, or less than 50%
a/ No compensation for land.
b/ AH could chose one of the following options:
c/Retaining their houses or building in ROW according to the conditions regulated by Article 6
of Decree 106/2005/NA-CP. Allowance for purchasing fireproof materials and lightning
arrestors for the existing house/building.
d/ Cash compensation at replacement cost for full areas of affected house/structure and cost
for demolishing AHs’ houses in ROW.
c/ Support for utilization of restricted land
C. MAIN HOUSES AND/OR SHOPS AND OTHER STRUCTURES OR PROPERTY
C.1. Main Structures (Houses and/or Shops)
Owners of
houses/
structures
House/Structure partially
affected and remaining portion
can be used
a/ Cash compensation at replacement cost for materials and labor for affected portion with no
deduction for depreciation or salvageable materials; and
b/ Repair allowance (see G, below).
Owners of
house or
combined
house/shop
structures
Structure totally affected OR
Structure partially affected and
remaining portion no longer
viable
a/ Cash compensation at replacement cost for materials and labor for whole affected
structure with no deduction for depreciation or salvageable materials; and
b/ Relocation and subsistence allowances (see G, below).
Owners of
shop
Structure totally affected OR
Structure partially affected and
remaining portion no longer
viable
a/ Cash compensation at replacement cost for whole affected structure for materials and
labor with no deduction for depreciation or salvageable materials; and
b/ Relocation allowance (see G, below).
Tenant Structure partially affected and
remaining portion viable
a/ Cash compensation to the structure owner for the whole affected structure at replacement
cost with no deduction for depreciation or salvageable materials; and
b/ Repair allowance to the structure owner (see G, below).
c/ Tenant may remain with owner’s agreement.
Notice to tenants by owner at least two (2)
months in advance
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
Remaining structure no longer
viable, OR
Tenant opts to move
a/ Cash compensation to the structure owner for the whole affected structure at replacement
cost with no deduction for depreciation or salvageable materials; and
b/ Rent allowance equivalent to 6 months’ rent or the remaining value of the rental contract (whichever is higher); and,
c/ Assistance to find new, affordable rental accommodation; and
d/ Relocation allowance (see G, below)
C.2. Other Structures, e.g., kitchens, toilets, animal sheds, fences, foundations, etc.
Owners of
structures
Partially or totally affected
structures or other property
Cash compensation at full replacement cost for materials and labour and with no deduction
for depreciation or salvageable materials; OR
Cash or in-kind assistance to relocate affected structures or property; OR
Cash assistance to repair of property to original or better condition (see G, below).
Owners of structures are entitled to
compensation regardless of whether or not
they possess a) land use rights to the land OR
b) construction permits for the structures
Graves / tombs-yard/cemetery All costs of excavation, relocation and reburial will be reimbursed in cash to the affected
family as prescribed in PPC’s regulation.
If the tombs-yard is required, the place and layout of the yard shall be decided by the
affected households and the costs for the yard constructions shall be made by the
Subproject.
Compensation to be paid directly to APs.
For ownerless affected graves / tombs,
compensation will be given to Commune PC to
relocate them to new site.
Graves to be exhumed and relocated in
culturally sensitive and appropriate ways
according to Customary rights.
The place and layout of the yard shall be
consulted with communities and affected
peoples
D. ANNUAL AND PERENNIAL CROPS, FRUIT AND TIMBER TREES AND TREE/PLANT FENCES
Owners of
crops and/or
trees
Loss of annual crops If standing crops are ripening and cannot be harvested, cash compensation of un-harvested
crops at market values based on the average production over past 3 years.
A minimum of 2 months’ notice to harvest crops;
Owners of crops and/or trees are entitled to
compensation regardless of whether they
possess land use rights
Updated Resettlement Plan for 500kV Pho Noi and connections ADB Loan No. 2848-VIE: Power Transmission Investment Program
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
Loss of perennial crops, fruit and
timber trees and tree fences
Cash compensation at current market prices given the type, age and productive value of the
affected crops and/or trees.
Compensation must equal in value to crops
that would be harvested had acquisition not
occurred.
A market survey shall be carried out when
updating the RP or RPF
E. COMMUNITY AND PUBLIC RESOURCES/ASSETS
Village, Ward,
Government
Unit
Loss of community buildings and
infrastructure
(School building, Hospital,
offices buildings, religious
infrastructures etc.)
Repair or restoration to original or better conditions of affected community buildings and
infrastructures at no cost to community; OR
Replacement, if necessary, at locations identified in consultation with affected communities
and relevant authorities, at no cost to community; OR
Cash compensation at replacement cost based on current market prices for affected
community assets.
If income loss is expected (e.g. irrigation,
community forest, community grazing land,
income from fishpond), the village, commune
or district authority is entitled to compensation
for the total production loss (over 3 years); this
compensation should be used collectively for
income restoration measures and/or new
infrastructure.
Publicly owned utilities Relocation and/or rehabilitation to original or better conditions of affected public utilities, at no
cost to public utility; OR
Cash compensation at replacement cost based on current market prices for affected public
utilities.
Relocation or reconstruction of public facilities
will be done with minimal disruption to public
service
F. LOSS OF BUSINESSES AND INCOME SOURCES (NON-LAND BASED)
F.1. Businesses that relocate and/or rebuild structures
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
Households
with
businesses
without tax
declarations,
e.g., small
shops
(including un-
registered
business
owners)
Structure totally affected and
must be relocated OR
Structure partially affected and
must be rebuilt.
a/ Cash assistance for loss of income based on the minimum wage in the respective province
for the period of 3 months; and
b/ Cash compensation for affected structures at replacement costs; and
c/ Cash assistance for relocation (see G1), if any
Affected businesses will be notified 2 months
in advance to relocate and/or rebuild new
structures, so as to be able to continue to
operate businesses while resettling.
Registered
business
owners
Structure totally affected and
must be relocated OR
Structure partially affected and
must be rebuilt.
a/ Cash assistance for loss of income equal to 30% of taxable revenues of one year.
Average annual taxable revenues determined on basis of financial statements for the past 3
years; And
b/Cash compensation for affected structures at replacement costs.
c/ Cash assistance for relocation (see G1) , if any
F.2 Employees and Hired Laborers
Employees
and hired
laborers
Temporary loss of
employment/work while
employers re-organize, relocate
and/or rebuild.
Cash compensation for lost wages or salary equal to basic wages or salary for each day (or
month) they cannot work.
Permanent loss of
employment/work due to land
acquisition or relocation of
employer.
a/ Cash assistance equal to six months wages or salary or the value of a remaining contract,
whichever is higher; and
b/ Assistance to secure new employment including relevant skills training expenses if
required.
G. REHABILITATION ASSISTANCE
G.1. Relocation Allowance
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
All DPs have
to relocate
Relocation of household and/or
business effects and salvaged
and new building materials.
a/ Cash assistance is minimum of VND 3,000,000 for APs that relocate within the same
province; OR
Cash assistance up to VND 5,000,000 for APs that relocate to another province..
b/ Temporary Relocation Assistance for renting temporary resettlement house: The period of
assistance and administration of this provision will be as per the Provincial People’s Committee regulations
NB. Not applicable for AHs rebuilding on same plot.
Eligible APs include owners of residential
structures that are totally or partially affected
and remaining portion is not viable; non-titled
APs allocated alternative residential land or
housing; tenants; and, businesses and eligible
land use/management organizations that
relocate.
At the time of compensation, the level of
allowance will be re-evaluated to ensure the
APs have enough assistance to relocate
The resettlement sites are all close to the
affected area and with completed infrastructure
G.2. Transition Subsistence Allowance
Owners of
residential
structures that
must rebuild.
Loss of income during period to
rebuild.
Cash assistance is equal to 30 kg of rice per month per household member for 12 months
valued at market price; If relocation in hard living condition area, assistance is for 24 months.
Assistance is equal to 30 kg of rice per month per household member for 03 months if partial
rebuilding only is required.
At time of compensation, allowance will be
adjusted for inflation to ensure that APs have
sufficient resources to meet basic food and
non-food expenditures.
G.3 Repair Allowance
Owners of
partially
affected
principal
structures;
AND
Owners of
other affected
structures.
Damage due to dismantling of
part of principal structure, or part
or all of other structure
Cash assistance based on actual costs to repair the remaining part
G.4 Infrastructure Development Allowance
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Entitled
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Type & Level Of Impact Compensation Policy Implementation Issues
Owners of
structures that
relocate
themselves
Provision of basic infrastructure,
e.g., water supply, toilet, access,
drainage
Cash assistance equal to the basic cost of investment unit in infrastructure of a standard plot
in resettlement site according to Decree 69/2009/ND-CP.
G.5 Economic Rehabilitation Package
Severely
affected APs,
displaced from
housing or
losing 10
percent or
more of their
productive,
income
generating
irrespective of
tenure status.
Assistance to restore livelihoods
and incomes following
acquisition of agricultural land or
other productive assets
AHs directly cultivate on the affected land to be entitled:
(i) Losing from 10 to 30% of agricultural land holding:
Cash assistance equal to 30 kg of rice (valued at market price) per month per household
member for 3 months, if not relocating; for 6 months if relocating; and for 12 months if
relocating in a harsh living condition area;
(ii) Losing more than 30% to 70% of total agriculture landholding.
Cash assistance equal to 30 kg of rice (valued at market price) per month per household
member for 6 months, if not relocating; for 12 months if relocating; and for 24 months if
relocating in a harsh living condition area;
(iii) Losing more than 70% of total agriculture landholding
Cash assistance equal to 30 kg of rice (valued at market price) per month per household
member for 12 months, if not relocating; for 24 months if relocating; and for 36 months if
relocating in a harsh living condition area; AND
(iv) In-kind assistance to be decided in consultation with eligible APs. Forms of assistance
may include, but are not limited to, agricultural extension assistance, and training for non-
agricultural occupations. And
(v) Participating in income restoration programs (RP).
Value of in kind assistance to be determined
during RP implementation.
Income Restoration Programs will be designed
during subproject implementation with the
assistance of an agency specialized in
livelihoods/labor or vocational assistance and
with the active involvement of the AHs.
RP shall be prepared during the RP updating
following the needs assessment of the APs
Assistance for job changing and
creation.
Cash assistance equal to 1.5 time of compensation value for affected for acquired land area
but not exceed 5 (five) times of land quota in locality.
If DP has demand for training, he/she will be entitled to a free training course
Eligibility will be confirmed during DMS.
G.6. Special allowance for social and economically vulnerable households
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Entitled
Persons
Type & Level Of Impact Compensation Policy Implementation Issues
Vulnerable
APs (the poor,
war invalid
person,
woman
headed
household,
the elderly)
Assistance to the poor and
vulnerable households to
improve their social and
economic conditions.
For the poor households, cash assistance equal to 30 kg of rice (at market price) per each
family member per month for at least 6 months.
For other vulnerable APs, assistance of VND 2,000,000 per household to improve their social
and economic conditions
Eligible households are those who are classed
as vulnerable under MOLISA definition.
G.7 Assistance for houses/infrastructures falling in the ROW
All APs
affected with
infrastructures
Infrastructures below the 220Kv
line within the ROW
Support provided to protect the infrastructures affected with necessary equipments as per
regulations
The support level for protection will the
provincial regulations
G.8 Bonus to APs that relocate on time
All APs that
relocate
Bonus Allowance if land is handed over in a timely manner according to PPC's regulation.
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Annex 2: Replacement cost survey
TABLE OF CONTENTS
A. Introduction 62
B. Objectives and Scope of work 62
C. Principle of Replacement Cost 62
D. Organisation and Methodology 62
E. Survey Results. 63
F. Conclusion and recommendation. 63
G. Annexes 64
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ABBREVIATION
ADB Asian Development Bank
AH Affected Households
CPC Commune People’s Committee
CARB Compensation and resettlement Board
DARD Department of Agriculture and Rural Development
DMS Detailed Measurement Survey
DOC Department of Construction
DOF Department of Finance
DONRE Department of Natural Resources and Environment
DOT Department of Transport
DP Displaced Person
DPC District People’s Committee
EMA External monitoring agency
GoV Government of Vietnam
MOF Ministry of Finance
PMU Project Management Unit
PPC Provincial People’s Committee
TOR Terms of Reference
VND Vietnamese dong
$ US United State dollars
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A. Introduction
1. The team (including representatives of 02 subproject communes) conducted a survey and consultation with stakeholders in 02 communes of Luong Tai and Viet Hung, Van Lam district, Hung Yen province and assessed people’s perception of market rates for land and assets affected resulting from land acquisition for the implementation of 500 kV Pho Noi SS and connection. The survey was conducted in September, 2014. B. Objectives and Scope of work
2. Pursuant to the Land Law 2003, the decrees and circulars related to compensation in case of land acquisition by the State for the purposes of national defense, security, economic development and public interests, compensation for affected assets is applied in accordance with the rates issued by the local government based on price frame (ceiling and floor prices) stipulated in Decree no. 123/2007/ND-CP that enable RC in charge to employ consulting firm to conduct replacement cost survey, to ensure that the compensation rate is equivalent to market price. 3. Upon the request of the ADB as stated in SPS 2009, the survey was conducted to determine peoples’ perception of market rates for assets affected by the subproject. The survey was implemented with participation from selected commune officers, subproject district CARB. This survey is separate and does not replace the independent appraisal of residential land to be conducted by a Consultantensed valuator using standard valuation methodologies. C. Principle of Replacement Cost 4. The replacement cost is market price plus tax and transaction fees of the affected assets. Details are as below:
(i) Productive land (agriculture, aquaculture, garden): base on income/harvest output and productivity;
(ii) Residential land: the replacement cost is based on transaction price of similar land plot on the market. In case of no such transaction, it is possible to base on transaction price of land with equivalent attribute in other locations;
(iii) Houses and other structures: the replacement cost is based on the market price of materials, labours with no deduction for salvageable building materials.
(iv) Annual trees: the replacement cost is equivalent to the market price common at the time of compensation;
(v) Perennial trees: compensation cost is equivalent to the current market price depending on type, age and output value (future output) at the time of compensation.
(vi) Timber trees: the replacement cost is based on types, diameters, height of trees and market price.
D. Organization and Methodology 5. 6. Survey Organization. The survey team consists of members including Van Lam CARB, selected communes and The consultant conducting the survey in selected communes. Prior to the survey, the team has discussed about replacement cost, method, questionnaires; reviewed current policies on land acquisition and compensation in project provinces; and identified stakeholders at the province to commune levels to carry out consultation and survey the replacement cost. The stakeholders mainly include subproject districts Office of Finance, Office of Natural Resources and Environment, Office of
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Construction of Van Lam CARB, commune government, affected and non-affected people in the project area, local contractors and competent construction companies. 7. Survey Process and Method. To survey the replacement cost and provide allegation and comparison between the survey results and the compensation rates issued by Hung Yen PPC, the team has applied the following methods and carried out the below activities on site within the project area:
(i) Desk study on decrees, circulars regarding principles on compensation in case of land acquisition by the State for the purposes of national defence, economic development, public utilities such as Land Law 2003; Decrees no. 197/2004/ND-CP; 123/2007/ND-CP; Decree no. 69/2009/ND-CP dated 13/08/2009 issued by the Government providing additional regulations on land use planning, land price, land acquisition, compensation, assistance and resettlement; Amended Decree no. 188/2004/ND-CP dated 16/11/204; Circulars no. 116 and 114/2004 of the MOF concerning method of price fixing and price frame of land types;
(ii) Meeting Office of Finance, Office of Natural Resources and Environment, Office of Construction of Van lam CARB to learn about legal framework, principles, methods and processes already applied in determination of rates of land and other assets. The team has also discussed and listened to allegation of the mentioned offices and committee about the compensation cost to the project affected people over the district area.
(iii) Interviewing local officers (at district, commune level), people about the current market price of land in the project area and recent land transaction dossiers. In case of no transaction of land (not residential land) it is possible to base on actual experience such as output and location to identify market price and then discuss and determine replacement cost for such types of land.
(iv) Meeting with suppliers, building material shops, local contractors to interview and identify current prices of materials, labour and prices for construction of houses and other common facilities.
(v) Meeting with land dealer, agricultural experts, staff of local Agriculture Office to verify price for annual and perennial trees; and
(vi) Validation of compensation rates used for assets (land, structures, annual and perennial trees) affected by the project. The reference units for determining compensation rates was discussed with local people, suppliers, land dealers, and other entities to validate if such costs are reflective of market rates and acceptable to local people.
E. Survey Results
8. The survey results and comparison with the rates issued by the district is presented in Table 1, 2. F. Conclusion and Recommendation
9. The survey results show that the replacement costs as household perception are slightly different from the rates issued by the Hung Yen PPC. So the Hung Yen PPC is recommended to require project PMU to conduct replacement cost survey, which serves as
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basis for Hung Yen PPC to approve the compensation rates (according to the replacement cost) for the subproject.
G. Attachment
Table 1: APs’ perceived market rate for agriculture land with annual/perennial crops/trees or aquaculture in Hung Yen
No.
Type of
land
Market Rates: 1000
VND/m2
(as Perceived by AHs) Decision No.
Compensation
rate (1000
VND/m2)
Difference
Between
Benchmark Rate
and Highest
Perceived Rate by
AHs Lowest Highest
01 Annual
Crop 60 68 No 15/2013/QD-
UBND 66 +5%
02 Perennial
Crop 75 80 No 15/2013/QD-
UBND 79 +2%
03 Aquaculture 60 67 No 15/2013/QD-
UBND 66 +2%
Note: Decision No 15/2013/QD-UBND, dated December 20th, 2013 of Hung Yen PPC on
procedures on price of types of land in 2014 in Hung Yen province.
Table 2: Compensation rate and market rate for trees and crops
No.
Class, type Unit
Decision No.
Compensation
rate (VND)
Survey rate
A Crop M2 Notification
No 103/TB-
STC
10,000 +0%
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The Munite of RCs meeting
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Annex 3: The minute of consultation meeting
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No Name of Aps Project areas EM
(HH) Woman
HHH Vunerable
(HH) Relocated
(HH) Compensation for affected crops and trees (VND)
Area (m2) Unit price
(VND) Amount (VND)
426 A医t t衣m giao 217.0 10,000 2,170,000
427 UBND qu違n lý 43,216.9 -
T鰻ng 67 243,828 2,030,188,000
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Annex 5: Corrective action Plan (CAP)
1. Introduction
There are 4 Subprojects included in the tranche 1 of the Multi tranche Financing Facility: Power Transmission Investment Program (the Facility) that finances part of the National Power transmission Corporation’s (NPT) medium-term power transmission expansion program Viet Nam. The first tranche will finance 4 subprojects: (i) 500/220 kV Pho Noi substation; (ii) 500 kV/220 kV Pho Noi – Bac Ninh 2 transmission line; (iii) 220 kV Phu My 2 substation; (iv) 220 kV Song May – Uyen Hung transmission line. The 500 kV/220 kV Pho Noi – Bac Ninh 2 transmission line and associated 500/220 kV Pho Noi substation are located in the northern part of Viet Nam. The starting point of the transmission line will be the 500 kV bus bar of the Pho Noi substation that is located in the Hung Yen province and the ending point will be the 220 kV bus bar of the Bac Ninh 2 substation located in the Bac Ninh province.
2. Impact of project’s scale
Pho Noi 500kV Substation will be constructed to receive and distribute capacity sources from the plants in the area to the load of Hung Yen province which has been increasing and also, it is constructed to connect and transmit power source from the thermal power plants in the provinces of Hai Duong, Hai Phong and Quang Ninh to the National Power Transmission Line System in order to increase the safety and steady for all power transmission lines. Total of 422 HHs and 2 organizations will be affected with about 239,873 m2 of permanently affected land, in which 193,299 m2 of affected agricultural land, 46,573 m2 of affected public land. Besides, total temprarily affected agricultural area of subproject is 2,900 m2, in which 2,900 m2 of public land.
Summary of Project Affected Households (APHs)
Main impacts Unit Affected quantity
1. Affected Households: households : 422
Household members Persons : 1.895
of which: :
+ Households whose residential land is affected households : 0
+ Households whose agricultural land is affected households : 422
HH losing 10%-30% of total land holding 174
HH losing 30%-70% of total land holding 90
HH losing 70% of total land holding 1
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+ Households whose aquaculture land is affected households : 0
+ Other land (under the management of People's
Committee)
PC : 2 (Commune PCs)
2. Permanently affected area : 239.873 m2
Of which: :
+ Residential land m2 : 0 m2
+ Agricultural land m2 : 193,300 m2
+ Other land (pubic land for agricultural production) m2 : 46,573 m2
3. Temprarily affected agricultural area : 2,900 m2
Of which:
+ Agricultural land m2 : 0
+ Other land (pubic land for agricultural production) m2 : 2,900 m2
4. Vulnerable group (The poor) households : 8
3. Implementing Compensation and Clearance The compensation and site clearance of the power line is carried out since 10/2014 by the Van Lam
DCARB of Hung Yen province. To date, project DCARB finished paying for 100% of the affected
households. Compensation payment completed for 422 APs with total VND 69,259,000,000
(payment in advance for APs).
Table. Summary of Compensation Costs
No Items No. APs Description Ammounts
A Land Attachment 1 15,831,598,200
1 Agricultural Land 422
12,757,767,000
2 Public Land (Allowance for land) 2
3,073,831,200
B Assets/Structures
Attachment 1 121,451,700
1 Graves 43
121,451,700
C Crop and Trees
Attachment 1 2,030,188,000
1 Crop (Paddy) 422
2,030,188,000
D Allowances and Income Restoration Programme
41,061,091,700
D.1 Allowances
40,481,193,200
1 Living Stabilization Allowance 91
891,000,000
From 30% - 70% total landholdings 90
30kg of rice/per/month x 6 months x 12,500VND /kg
of rice 864,000,000
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Aboves more than 70% total landholdings 1
30kg of rice/per/month x 12 months x 12,500VND
/kg of rice 27,000,000
2 Job Changing Allowance 422 198,000 VND per m2 36,217,962,000
3 Allowance for commune works 2 6,000 VND/m2 1,439,236,200
4 Bonus 422 10,000VND per m2 1,932,995,000
D.2 Income Restoration Programme
579,898,500
1 Job training allowance 422 3,000 VND per m2 579,898,500
E Sub-total 1
E=A+B+C+D 59,044,329,600
F Management Cost
1,180,886,592
1 Administrative cost (2%) 2%*E 1,180,886,592
G Sub-total 2 G=E+F 60,225,216,192
H Contigency (10%) 15%*G 9,033,782,429
I Total I=H + G 69,258,998,621
In round 69,259,000,000
In $ 3,221,349
Policy Background and Corrective Action Plan
Compensation payment for AHs is applied for Vietnam regulation and policy:
a. Laws:
- The 2003 Land Law No.13/2003/QH11 passed by the National Assembly dated Nov.26, 2003.
b. Government Decrees
- GOV Decree No.81/2009/ND-CP dated Oct.12, 2009 on amendment and adjustment some articles of the Decree No.106/2005/ND-CP dated Aug.17, 2005.
- GOV Decree No.69/2009/ND-CP dated Aug.13, 2009 on additional provisions on land use planning, land prices, land acquisition, compensation, support and resettlement.
- GOV Decree No.123/2007/ND-CP dated Jul.27, 2007 on adjustment and supplementation of articles of the Decree No.188/2004/ND-CP dated Nov.16, 2004.
- GOV Decree No.84/2007/ND-CP dated May 25, 2007, supplementary stipulations on issue of LURC, land acquisition, land use right implementation, procedure of compensation, assistance in the event of land recovery by the state and grievance redress.
- GOV Decree No.131/2006/ND-CP date Nov.9, 2006 on the management and use of Official Development Assistance (ODA).
- GOV Decree No.17/2006/ND-CP dated Jan.27, 2006 on adjustment and supplementation of decrees on implementation guidelines of Land Law.
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- GOV Decree No.106/2005/ND-CP dated Aug.17, 2005 on safety protection of high voltage systems.
- GOV Decree No.197/2004/ND-CP dated Dec.3, 2004 on compensation, assistance, rehabilitation and resettlement in the event of land recovery by the State.
- GOV Decree No.188/2004/ND-CP dated Nov.16, 2004 on methods for defining prices and price framework of various types of land when land recovered by the State.
c. Circulars
- Circular No.14/2009/TT-BTNMT dated Jan.10, 2009 of the Ministry of Natural resources and Environment on compensation, assistance, resettlement, and sequence and procedures of land acquisition, land delivery and land lease.
- Circular No.14/2008/TTLT/BTC-BTNMT dated Jan.31, 2008 of the Ministry of Natural resources and Environment and the Ministry of Finance guiding some articles of Decree No.84/2007/NA-CP.
- Circular No.69/2006/TT-BTC dated Aug.2, 2006 amending and supplementing the Finance Ministry's Circular No.116/2004/TT-BTC which guides the implementation of the Government’s Decree No. 197/2004/ND-CP on compensation, support and resettlement upon land recovery by the State.
- Circular No.116/2004/TT-BTC dated Dec.7, 2004 of the Ministry of Finance guiding the implementation of Decree No.197/2004/ND-CP.
- Circular No.114/2004/TT-BTC dated Nov.26, 2004 of the Ministry of Finance guiding the implementation of the above stated Decree.
2. Regulations from Hung Yen PPC:
Decision No.09/2011/QD-UBND dated June 1st , 2011 of Hung Yen PPC on procedures
on compensation, assistance and resettlement in the event of land recovery by the State
in Hung Yen province
Decision No.15/2013/QD-UBND dated Dec. 20, 2013 of Hung Yen PPC on procedures on
price of types of land in 2014 in Hung Yen province;
Notification No 103/TB-STC dated Octorber 2nd, 2012 of Hung Yen provincial Department
of Finance of on compensation price unit for tree and domestic animal in Hung Yen
province.
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The main issues that need to be addressed in this DDR relating to 500 kV Pho Noi Substation and
connections are as follows and are consistent with GoV and ADB policies on involuntary
resettlement:
1. Screen the project early on to identify past, present, and future involuntary resettlement
impacts and risks. Determine the scope of the resettlement planning through a survey
and/or census of displaced persons, including a gender analysis, specifically related to
resettlement impacts and risks.
Findings: There is no evidence that Hung Yen People Committee and 01 project DPC or
NPPMB – which is the Project developer - sought to diligently screen the project at inception
phase, except to note that some households would be displaced and livelihoods impacted
upon. There was no real census and/or census of displaced persons and no evidence of
gender analysis.
Corrective Action: At this juncture it is not possible to recommend any corrective action
relating to this issue because upwards of XXX% of the construction works has already been
completed.
2. Carry out meaningful consultations with affected persons, host communities, and concerned
NGOs. Inform all displaced persons of their entitlements and resettlement options. Ensure
their participation in planning, implementation, and monitoring and evaluation of
resettlement programs. Pay particular attention to the needs of vulnerable groups,
especially those below the poverty line, the landless, the elderly, women and children, and
Indigenous Peoples, and those without legal title to land, and ensure their participation in
consultations. Establish a grievance redress mechanism to receive and facilitate resolution
of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are
highly complex and sensitive, compensation and resettlement decisions should be preceded
by a social preparation phase.
Findings: The consultations during project preparation were organized for both local
authorities and community.
Corrective Actions: Not required;
3. Improve or at least restore, the livelihoods of all displaced persons through (i) land-based
resettlement strategies when affected livelihoods are land based or cash compensation at
replacement value for land when the loss of land does not undermine livelihoods; (ii) prompt
replacement of assets with access to assets of equal or higher value; (iii) prompt
compensation at full replacement cost for assets that cannot be restored; and, (iv) additional
revenues and services through benefit sharing schemes were possible.
Findings: There are 265 HHs losing more than 10% of total land holdings (including 1
household losing more than 70% of total land holdings, 90 HH losing 30-70% of total land
holdings and 174 HHs losing 10 -30% of total land holdings). However, survey result
presented that mostly AHs has main income from other occupation, including self-labor,
small trade and business and service, income from agricultural production is secondary.
Thus, it is necessary to prepare an income restoration programme.
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Corrective Actions: Therefore, income restoration for AHs is prepared;
4. Provide physically and economically displaced persons with needed assistance, including
the following: (i) if there is a relocation, secure tenure to relocation land, better housing or
resettlement sites with comparable access to employment and production opportunities,
integration of resettled persons economically and socially into their host communities and
extension of project benefits to host communities; (ii) transitional support and development
assistance, such as land development, credit facilities, training or employment opportunities;
and, (iii) civic infrastructure and community services as required.
Findings: There are not displacement households
Corrective Actions: Not required.
5. Improve the standards of living of the displaced poor and other vulnerable groups, including
women, to at least national minimum standards, in rural areas and provide them with legal
and affordable access to land and resources.
Findings: 01 project districts is located in Hung Yen and the poverty line is VND 400.000/
person/month as prescribed in the Decision No 09/2011/QD-Ttg of Prime Minister applied
for period 2011-2015. 8 household is identified as poor AHs in the list of affected
households.
Corrective Actions: Required.
6. Develop procedures in a transparent, consistent and equitable manner if land acquisition is
through negotiated settlement to ensure that those people who enter into negotiated
settlements will maintain the same or better income and livelihood status.
Findings: There have been no instances of negotiated settlements.
Corrective Action: Not required.
7. Ensure that displaced persons without titles to land or any recognizable legal rights to land
are eligible for resettlement assistance and compensation for loss of non-land assets.
Findings: There is no household without LURC affected by the project.
Corrective Actions: Not required.
8. Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting
framework, budget and time-bound implementation schedule.
Findings: Detailed compensation plan for each AHs is prepared based on the master
compensation, assistance, and resettlement plan. The detailed plans are based on the
impacts, direct damages and also take into account other losses such as degradation of the
values of housing, residential land or restrictions of the capacity to change the crop
structure on agricultural land area under the ROW. The assistance is equal to 70% of the
compensation rates for affected land. In addition, AHs have the rights to use land under
ROW.
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Corrective Actions: Support to change land use purpose from residential land to
agricultural land under ROW free of charge if the AHs wishes.
9. Pay compensation and provide other resettlement entitlements before physical or economic
displacement. Implement the resettlement plan under close supervision throughout the
project’s implementation.
Findings: AHs were paid compensation and assistances directly and fully;
Corrective Actions: Not required
10. Establish a grievance redress mechanism in accordance with government policy and ADB's
SPS and must be made available to the affected households. Results settle complaints
must be disclosed to the affected people. The complainants does not have to pay any fee.
Findings: Project DCARB is responsible for assisting Bac Ninh PPC in resolving
complaints. It is reported that there was not much complaints sent to the DCARB/DPC; most
of them are solved at commune levels. Those complaints related to shortcomings during
DMS. Some AHs are not satisfied with the compensation rates; however, they have
received compensation after being explained and encouraged by the social and political
organizations.
Corrective Actions: Meaningful consultation and participation will help reduce the number
of complaints. Moreover, the grievance procedures should be disseminated to people so
that they can easily access to such process; hence, they will be more satisfied with the
implementation of the project. Information dissemination should be continued so that PAPs
can lodge their complaints on impacts during construction process (in case negotiations with
contractor are unable)
11. Monitor and assess resettlement outcomes, their impacts on the standards of living of
displaced persons and whether the objectives of the resettlement plan have been achieved
by taking into account the baseline conditions and the results of resettlement monitoring.
Disclose monitoring results.
Findings: Independent monitoring or monitoring indicators have been established.
Corrective Actions: Results of the Due Diligence report should be published together with the updated RP related projects.
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Annex 6: Questionnaire sample
QUESTIONAIRE FOR SOCIAL-ECONOMIC SURVEY AND ASSESS INVENTORY
FOR PROJECT AFFECTED PERSONS
A. SOCIAL-ECONOMIC ANALYSIS
Survey location:……………………… Ward ……………… District ………………
Component: …………………………
Name of interviewee:………………………………………………………………………………..
Age:…………. Gender: Male Female Relation to householder: ...........................
1. INFORMATION OF AFFECTED HOUSEHOLD
1.1. Householder:
1 Name of Householder
2 Gender: 1- Male 2- Female
3 Age
4 Ethnic group 1- Kinh / Vietnam 3- Hoa 2- Tay 4- Others:……………………………
5 Marriage status 1- Married 3- Divorced 2- Widowed 4- Single
6 Education: 1- Illiteracy 4- Primary school 2- Not to finish primary school 5- High school 3- Secondary school 6 Others:……………………
7 Main job
1- Agriculture 6- Government employees 2- Aquaculture 7- Teachers, health officers 3- Trading 8 – Unemployed, looking for jobs 4- Driving 9- non working like retired, housework 5- Hired labor 10- Others (state clearly)
1.2. Family members
Male Female Total
1 The number of members living in family regularly
2 0-5 years old
3 6-17 years old
4 18 years old or more
5 The number of children going to school
6 The number of main labor (16 years old or more)
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2. LIVING CONDITION OF HOUSEHOLD
1 Energy – lighting: …….. 1- National power grid
2- Generator
3- Pin/Battery
4- Petroleum
5- Gas
6- Candle
7- Coal
8- Wood
9- Others 2 Energy – cooking: ………
3 Water source: ………
1- Rainwater
2- Excavated well
3- Deep well/drilled well
4- Tap water
5- Canal, river, pond
6- Buying
7- Others
4 Latrines ………… 1- Two-compartment latrine 3- Public latrine
2- Latrine in house 4- No
3. INCOME AND EXPENDITURE OF HOUSEHOLDS
3.1. Income sources
1 Main source of income 1- Agriculture 6- Government employee
2- Aquaculture 7- Teacher, health officer
3- Trading 8 – Unemployed, looking for job
4- Driving 9- non working like retired, housework
5- Hired employed 10- Other (state clearly)
2 Extra sources of income
3.2. Total income
Source VND/ month VND/ year
4 Main income
5 Extra income
6 Total (from all sources)
4. SPENDING OF HOUSEHOLDS
Total average spending of family/month?.....…………………..VND
5. CLASSIFICATION OF HOUSEHOLDS (ACCORDING TO THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL WELFARE)
1 Type of household 1- Not poor 2- Poor 3- Very poor
2 Policy family 1- Wounded soldier
2- Revolutionary martyr
3- Devoted to the revolutionary
4- Mother of heroes
Updated Resettlement Plan for 500kV Pho Noi and connections ADB Loan No. 2848-VIE: Power Transmission Investment Program
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B. DETAIL MEASUREMENT SURVEY (DMS)
1. APPROPRIATION LAND
What type of land affected by the project?
Type of Land
Total area
(m2)
Affected area (m2) When
the land is used for the first?
Legality of land
Status of land use
Permanently Temporarily
1 2 3 4 5 6
1.1 Residential land
1.2 Rice field
1.3 Garden land
1.4 Forest/plating area
1.5 Aquaculture pond
1.6 Other agricultural land
1.7 Non-agricultural land
First land usage 1- Before 12/1980
2- From 01/1981 to 15/12/1993 3- After 15/12/1993
Legality: 1- With legal/legalizable land-use right certificate 2- Rent, lease or temporary use. 3- No legality
Current usage:
1- For living 2- Combining living/trading 3- For shop 4- Production area/garage 5- Accumulated usage