draft rp: viet nam: resettlement plan for bac ninh …...project number: 42497 - 013 august 2011...

Resettlement Planning Document

Resettlement Plan: Viet Nam Document Stage: Consultation Project Number: 42497 - 013 August 2011

Viet Nam Electricity National Power Transmission Corporation (NPT) Multi-Tranche Financing Facility Resettlement Plan for Bac Ninh 2 – Pho Noi 500/220kV T/L Project

for EVN

Draft - August 2011

The Resettlement Framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB‟s Board of Directors, Management, or staff, and may be preliminary in nature.

Bac Ninh 2 – Pho Noi 500/220kV T/L Project Resettlement Plan

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Abbreviations

ADB Asian Development Bank

AP (project) affected person

AH (project) affected household

CARC Compensation, Assistance and Resettlement Committee

CEM Committee for Ethnic Minorities

CPC Commune People‟s Committee

DMS Detailed Measurement Survey

DPC District People‟s Committee

EA Executing Agency

EM Ethnic Minority

EMA External monitoring agency

EVN Vietnam Electricity

GOV Government

HH Household

IOL Inventory of loss

IRP Income Restoration Program

LURC Land use rights certificate

MOLISA Ministry of Labor, Invalids and Social Assistance

MONRE Ministry of Natural Resources and Environment

NGO Non-governmental organization

NPT National Power Transmission Corporation

PMB Project Management Board

ROW Right of way

RP Resettlement plan

SAVHs Severely Affected and Vulnerable Households

SES Socio-economic survey

SPS Safeguard Policy Statement

NPPMB Northern Power Project Management Board

PIB Public information booklet

PPC Provincial People‟s Committee

T/L Transmission line

USD United States Dollars

VND Viet Nam Dong (currency)

VWU Viet Nam Women‟s Union


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Definition of Terms

Affected Persons (APs) Refers any person or persons, household, firms, or public or private institutions who on account of a development project would have their; (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house, land (including residential, commercial, agricultural, plantations, forest and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement. APs therefore include; i) persons affected directly by the right-of-way or construction work area; (ii) persons whose agricultural land or other productive assets such as trees, standing crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to the project impact; (iv) persons who lose work/employment as a result of project impact; and (v) people who lose access to community resources/property as a result of the project.

Cut-off-date This refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorized as AP. In this Project, the cut-off date will coincide with the period of the census of affected persons and the inventory of losses (IOL) that will be conducted based on feasibility design documents. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the IOL; or (ii) they have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS).

Detailed measurement

survey With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of APs earlier done during RP preparation. The final cost of resettlement can be determined following completion of the DMS.

Entitlement Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base.

Income restoration This is the re-establishment of sources of income and livelihood of the affected households.

Meaningful consultation A process that (i) begins early in the project preparation stage and is

carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the


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incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues

Inventory of losses This is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way (ROW) are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of APs will be determined.

Land acquisition Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs.

Relocation This is the physical relocation of an AP from her/his pre-project place of residence and/or business.

Rehabilitation This refers to additional support provided to APs losing productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of pre-project living standards and quality of life.

Replacement cost The term used to determine the value enough to replace affected assets and/or cover transaction costs necessary to replace the affected assets without depreciation for such assets as well as material advantage, taxes and/or travel expenses.

Resettlement means all social and economic impacts that are permanent or temporary and are (i) caused by acquisition of land and other fixed assets, (ii) by change in the use of land, or (iii) restrictions imposed on land, as a result of a project.

Resettlement Plan This is a time-bound action plan with budget setting out compensation and resettlement, ethnic minority strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

Severely affected

households This refers to affected households who will (i) lose 10% or more of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 10% or more of their total income sources due to the Project.

Vulnerable groups These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) female headed households without support, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) children and the elderly households who are landless and with no other means of support, and (v) landless households, and (vi) ethnic minorities.


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TABLE OF CONTENT

0. EXECUTIVE SUMMARY ..........................................................................................................1

0.1 Introduction...................................................................................................................... 1

0.2 Scope of land acquisition and resettlement: ................................................................ 1

0.3 Socio-economic information and profile ...................................................................... 2

0.4 Information disclosure, consultation and participation .............................................. 2

0.5 Grievance mechanism .................................................................................................... 2

0.6 Legal Framework ............................................................................................................. 2

0.7 Entitlements, assistance and benefits .......................................................................... 3

0.8 Relocation of housing and settlements ........................................................................ 3

0.9 Income restoration and rehabilitation ........................................................................... 3

0.10 Resettlement budget and financing plan ...................................................................... 3

0.11 Institutional arrangements ............................................................................................. 4

0.12 Implementation schedule ............................................................................................... 4

0.13 Monitoring and reporting ................................................................................................ 4

1. INTRODUCTION .......................................................................................................................5

1.1 Background...................................................................................................................... 5

1.2 Project Location and Impact Areas ............................................................................... 5

1.3 Measures Taken to Minimize Impacts ........................................................................... 6

2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS....................................8

2.1 Types of impact ............................................................................................................... 8

2.2 Impacts of the project ..................................................................................................... 8

3. SOCIO-ECONOMIC INFORMATION AND PROFILE .......................................................... 16

3.1 Methodology used in socio- economic survey .......................................................... 16

3.2 Profile of the project area ............................................................................................. 16

3.3 Profile of the affected households .............................................................................. 17

Source: SES in July, 2011, PECC3 ........................................................................................... 19

3.4 Gender and Ethnic Minority Issues ............................................................................. 19

3.5 Vulnerable groups ......................................................................................................... 22

3.6 Educational Attainment of Affected Household Heads ............................................. 23

3.7 Main Occupation of Affected Household Heads ........................................................ 25

3.8 Monthly Income of Affected Households ................................................................... 26

3.9 Health and Sanitation .................................................................................................... 27

3.10 Sources of Energy Used for Lighting and Cooking ................................................... 28

4. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ........................ 31

4.1 Public Consultations ..................................................................................................... 31

4.2 Disclosure of RP ............................................................................................................ 35

5. GRIEVANCE REDRESS MECHANISM ................................................................................ 36 6. LEGAL FRAMEWORK .......................................................................................................... 37

6.1 Asian Development Bank Policy ................................................................................. 37

6.2 Regulations of Vietnam Government on Resettlement ............................................. 39

6.3 Discrepancies between regulations of Government and ADB Policies .................. 40

6.4 Project principles .......................................................................................................... 45

7. ELIGIBILITY AND ENTITLEMENTS ..................................................................................... 46

7.1 Eligibility ......................................................................................................................... 46

7.2 Entitlements ................................................................................................................... 46

8. RELOCATION OF HOUSING AND SETTLEMENTS ........................................................... 52 9. INCOME RESTORATION AND EHABILITATION ................................................................ 53


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9.1 Background.................................................................................................................... 53

9.2 Income Restoration Program ....................................................................................... 53

9.3 Planning for Livelihoods Restoration and Improvement of APs .............................. 54

9.4 Estimated cost of Income Restoration Program ........................................................ 56

10. RESETTLEMENT BUDGET AND FINANCING PLAN ......................................................... 56

10.1 Legal basis ..................................................................................................................... 56

10.2 Compensation unit prices ............................................................................................ 57

10.3 Budget and financing plan ........................................................................................... 58

10.4 Total estimated cost for RP implementation .............................................................. 58

11. INSTITUTION ARRANGEMENT ........................................................................................... 61

11.1 Institutional features at central level ........................................................................... 61

11.2 Institutional features at provincial level ...................................................................... 62

11.3 District and commune levels........................................................................................ 62

12. IMPLEMENTATION SCHEDULE .......................................................................................... 63 13. MONITORING AND REPORTING ........................................................................................ 64

13.1 Monitoring and reporting .............................................................................................. 64

13.2 Internal Monitoring ........................................................................................................ 64

13.3 External Monitoring ....................................................................................................... 64

Annexes

Annex 1: Inventory of Project Affected Persons and resettlement impact

Annex 2: Location of the project and Route of the Bac Ninh 2 - Pho Noi 500/220kV T/L

Annex 3: Project information booklet (PIB)

Annex 4: Consultation meetings documentation

Annex 5: Replacement cost study

Annex 6: Photos of meeting on public consultation


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LIST OF TABLES

Table 1.1 Main features of Bac Ninh 2 - Pho Noi 500/220kV T/L .......................................... 6

Table 1.1 Areas traversed by Bac Ninh 2 - Pho Noi 500/220kV T/L ...................................... 6

Table 2.1 Impact types of the project .................................................................................... 8

Table 2.2 Distribution of Land Losses of Affected Communities and Households ................. 9

Table 2.3 Distribution of AHs by Percentage of Productive Land Affected .......................... 11

Table 2.4 Average Landholding of Affected Households ........ Error! Bookmark not defined.

Table 2.5 Temporary Affected House in ROW by Category ................................................ 12

Table 2.6 Permanently Impacted Crops .............................................................................. 12

Table 2.7 Permanently Impacted Trees .............................................................................. 13

Table 2.8 Summary of impacts ........................................................................................... 14

Table 3.1 Population by gender and district ........................................................................ 16

Table 3.2 Population by gender, ethnicity and commune .................................................... 16

Table 3.3 Area, population density and poverty rate ........................................................... 17

Table 3.4 Total number of affected households covered in the SES ................................... 18

Table 3.5 Distribution of affected households heads by gender .......................................... 20

Table 3.6a Male Household Heads Age and Ethnicity......................................................... 22

Table 3.6b Female Household Heads Age and Ethnicity .................................................... 23

Table 3.7 Educational Attainment of Affected Household Heads ........................................ 24

Table 3.8 Main Occupation of Affected Household Heads .................................................. 25

Table 3.9 Average Monthly Household Income of Affected Households ............................. 26

Table 3.10 Main Sources of Water Supply of Affected Households ..................................... 27

Table 3.11 Sources of Energy Used for Lighting by Project Affected Households ............... 28

Table 3.12 Sources of Energy Used for Cooking by Project Affected Households .............. 29

Table 4.1 Public consultation .............................................................................................. 32

Table 6.1 Discrepancies between Decree 197/ND-CP, Decree 69/NDCP and ADB Safeguard Policy Statement ................................................................................................ 42

Table 7.1 Entitlement Matrix ............................................................................................... 47

Table 9.1 Number of Households by Percentage of Productive Land Affected.................... 53

Table 10.1 Compensation unit prices in Bac Ninh province ................................................ 57

Table 10.2 Compensation unit prices in Binh Duong province ............................................ 58

Table 10.3 Cost of compensation and allowances in Bac Ninh province ............................. 58

Table 10.4 Cost of compensation and allowances in Hung Yen province............................ 59

Table 10.5 Cost of compensation and allowances of the project ......................................... 59

Table 10.6 Total cost of RP implementation ........................................................................ 60

Table 12.1 Implementation Schedule for the Entire Project ................................................. 63


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0. EXECUTIVE SUMMARY

0.1 Introduction

1. The Bac Ninh 2 - Pho Noi 500/220kV transmission line is one of projects that National Power Transmission Corporation (NPT) and Northern Power Project Management Board (NPPMB) is requesting for financing from the ADB.

2. The Bac Ninh 2 - Pho Noi 500/220kV transmission line is built with following specifications:

- Voltage level: 500/220kV

- Starting point: the proposed Pho Noi 500kV substation

- Ending point: the proposed Bac Ninh No.2 220kV substation

- Total length of the line: 30km.

- Location: the line goes through 12 communes of 5 districts in two provinces (Tien Du, Que Vo, Gia Binh, Thuan Thanh districts of Bac Ninh province and Van Lam district of Hung Yen province).

0.2 Scope of land acquisition and resettlement:

3. With the characteristics of the 500/220kV transmission line, the project will cause impacts as follows:

- Permanent land acquisition for tower foundations.

- Moving houses, structures in permanent required land (if any).

- Cutting trees, crops in permanent required land.

- Restricting usability of land/houses/structures in ROW for safety of the line.

- Cutting trees, crops in temporary required land for construction activities.

4. The identification of affected persons (APs) and inventory of losses (IOL) carried out in Jan. 2010 and July 2011, had identified a total of 1,417 households (approximately 6,023 persons) belong to 12 communes and 01 organization that may be affected by the implementation of the project.

5. About 40,745 m2 land will be acquired for tower foundations of the project, in which 39,587m2 land of 374 AHs and 1,158m2 land of 01 affected institution. All are production land such as paddy field, crop land, and aquaculture land.

6. About 1,080,847 m2 land will be acquired for ROW, in which 1,047,285m2 land of 1,417 AHs and 33,562m2 of 01 affected institution. Productive land, such as paddy field, crop land, and aquaculture land, accounts for 99.96 % (1,080,367 m2) of all affected lands. Non-productive land, such as residential land accounts for 0.04% (480 m2).

7. There are 02 households with houses in ROW. Both of houses are in grade 4 (2 units, 64m2).

8. In addition, crops and trees with commercial value will also be affected 1,113,706 m2 annual crops and 13,208 timber trees and 1,351 fruit-bearing trees by the project.

9. The IOL also identified that there is no any public facilities and ethnic minority group affected by the implementation of the project.

10. There are 20 severe AH and 572 vulnerable AHs, including 120 poor AHs, 132 Female headed households and 300 elderly AHs that need particular attention for given to the specific needs.


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0.3 Socio-economic information and profile

11. The socio-economic survey carried out in parallel with the IOL survey, which covered 20.66% of the affected households (293/1418 AHs/institutions). 100% APs belong to Kinh peoples. Likewise, the SES has identified 28 households (9.56%) that were headed by women; and 265 households (90.44%) that were headed by men. Gender strategies are included in RP, which include the active participation of women in resettlement activities ranging from consultation to monitoring, representation of women in resettlement committees, and capacity-building programs specific for women. For effective implementation of gender strategies, gender specialists will be engaged under the TA Loan and Construction supervision consultancies. Monitoring indicators by gender will be developed, and the External Monitoring Agency (EMA) will include a female staff.

0.4 Information disclosure, consultation and participation

12. Consultation meetings were held within July 2011 at all affected communes/township with participation of local authorities and affected households. With regard to disclosure of the draft RP, key information will be provided to the affected households during the public consultation meetings. The following information contained in the Public Information Booklet (PIB) distributed include: (i) a brief background of the Project, specifically the civil works to be undertaken and the adverse social impacts; (ii) IOL results, with a statement that detailed information are available at the commune office; (iii) basis used for asset valuations, stating also that detailed information are available at the commune office; (iv) the entitlements due to the affected households; (v) timing of payments and the schedule of displacement; (vi) grievance redress mechanism; and (vii) contact persons at NPPMB and concerned DPC/DCARC.

0.5 Grievance mechanism

13. 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. Complaints will pass through stages such as Commune People‟s Committee, District People‟s Committee, Provincial People‟s Committee before they could be elevated to a court of law as a last resort.

0.6 Legal Framework

14. The Project resettlement policy and entitlements have been developed from the laws of the Government of the Socialist Republic of Viet Nam, principally the Constitution (1992) that confirms the right of citizens to own and protect the ownership of a house; Land Law No.13/2003/QH11, providing Viet Nam with a comprehensive land administration law; Decree No.197/2004/ND-CP, on compensation, rehabilitation and resettlement in the event of land recovery by the State, as amended by Decree No.17/2006/ND-CP; Decrees No.188/2004/ND-CP, and Decree No.69/2009/ND-CP dated Aug.13, 2009, specifying the methods for land pricing and land price frameworks in the event of land recovery by the State; and ADB‟s Safeguard Policy Statement (June 2009) guided by Operations Manual on Involuntary Resettlement (OM Section F1/OP, on Mar. 3, 2010). Provisions and principles adopted in this Project will supplement the provisions of relevant decrees currently in force in Viet Nam wherever a gap exists, consistent with Decree No.131/2006/ND-CP which provides that in case of “discrepancy between any provision in an international treaty on Official Development Assistance, to which the Socialist Republic of Viet Nam is a signatory, and the


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Vietnamese Law, the provision in the international treaty on ODA shall take precedence” (Article 2, Item 5).

0.7 Entitlements, assistance and benefits

15. The project entitlements adopted are based on ADB Safeguard Policy statement that has been harmonized with the current GOV laws, Bac Ninh and Hung Yen PPC‟s Decisions on land acquisition, resettlement and assistance. The entitlements in this RP may be enhanced, as necessary during the updating process, after the project and this document have been approved by the Bank and GOV, and the detailed engineering design that determines the extent of the ROW had commenced. The RP updating will entail the conduct of the DMS and consultations with affected peoples will be held to ensure that losses are compensated at replacement cost and peoples‟ livelihoods are restored it their pre-project levels or better. The cut-off date of eligibility will be based on the start of the census of affected persons and conduct of DMS during RP updating.

16. One of key policy objectives of the Project is to replace or compensate lost assets. All compensation is based on the principle of replacement cost. Compensation and provision of assistance will be provided and income restoration programs will be put in place prior to displacement of affected households from their houses, land, and other assets, such that they will be at least as well off as they would have been in the absence of the Project, and the poorest affected households and vulnerable groups, including affected persons from ethnic minority, are assisted to help improve their socio-economic status.

0.8 Relocation of housing and settlements

17. There are 02 AHs with their houses partly affected due to location in ROW. Both of houses are in Grade 4. According to Decree No.106/2005/NĐ-CP dated Aug. 17, 2005 and Decree 81/2009/NĐ-CP dated Oct. 12, 2009, all their houses/structures are not required to be relocated, they could be existed in ROW if meeting fully stipulated conditions (roofs and surrounding walls are made of fire-proof materials, metal structures are earthed according to regulations on earthen techniques, etc.). Hence, they will be compensated and supported in cash to improve and install grounding conductors and fireproof material for safety..

18. Apart from the individual APs, there are 01 affected organization, and there is no required to be relocated due to less than 10% of their „specific used land‟ (land on which the enterprise housing is built) are affected.

0.9 Income restoration and rehabilitation

19. In order to assist APs restore livelihoods and income levels, the project will provide an income restoration programme 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 programme are identified in the entitlement matrix.

20. Income restoration program of the project includes:

- Allowance cash for job changing and creation, applying for AHs with permanently acquired land.

- Allowance cash for economic rehabilitation package, applying for AHs with of land more than 10% of their productive land.

- Allowance cash for poor households and other vulnerable AHs (Women headed household, Elderly household heads).

- Estimated cost of income restoration program is (US$).

0.10 Resettlement budget and financing plan


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21. The total cost for resettlement is estimated at US$ 4,492,400. This proposed budget includes compensation and allowances, cost for DCARCs (2% cost of compensation and allowances) and cost of external monitoring and contingency. NPT and NPPMB will ensure the timely provision of counterpart funds for resettlement to meet any unforeseen obligations in excess of the resettlement budget estimates in order to satisfy resettlement requirements and objectives.

0.11 Institutional arrangements

22. EVN/NPT is the executing agency of this Project. EVN/NPT will establish a PMB (NPPMB) at its headquarters to oversee the overall administrative and financial aspects of Bac Ninh 2 - Pho Noi 500/220kV T/L. The NPPMB will closely cooperate and coordinate with the consultant, PPCs, DPCs, CARCs and CPCs to update the RP and implement resettlement activities.

0.12 Implementation schedule

23. Table 0.1 below summarizes the steps involved in the implementation of land acquisition, compensation and resettlement activities for Bac Ninh 2 - Pho Noi 500/220kV T/L project.

Table 0.1 Implementation schedule of the project

Resettlement Implementation activities in brief Tentative schedule

RP Preparation Jan 2011 – Aug 2011

ADB Approval of Draft RP, Sep 2011

Disclosure RP to local authorities and APs Sep 2011

Start DMS and RP Updating after loan negotiation Dec 2011

Submission and ADB Approval of Updated RP March 2012

Disclosure updated RP to local authorities and APs March 2012

Implementation of Updated RP March – June 2012

Construction of relocation site March - June 2012

Start Construction of sub-project Jan 2013

Implementation of Income Restoration Program 2012 -2014

Internal Monitoring (Submission of Quarterly Progress Reports) Jan – Dec 2012 onwards

External Monitoring (intermittent) March 2012 – 2013

onwards

0.13 Monitoring and reporting

24. EVN/NPT through NPPMB will be overall responsible for internal monitoring of resettlement activities. Progress reports will be submitted to ADB on a quarterly basis. An external monitoring agency (EMA) will be mobilized 1 month following the start of RP updating. The EMA will be required to submit an inception report one month following its mobilization and quarterly reports on the progress or RP updating and implementation, and make necessary recommendations regarding the issues identified. The EMA will likewise conduct a Post-Resettlement Implementation Evaluation Study 6-12 months following completion of resettlement activities.


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1. INTRODUCTION

1.1 Background

25. The Bac Ninh 2 - Pho Noi 500/220kV transmission line is one of projects that National Power Transmission Corporation (NPT) and Northern Power Project Management Board (NPPMB) is requesting for financing from the ADB.

26. The Bac Ninh 2 - Pho Noi 500/220kV transmission line is built with following specifications:

Table 1.1 Main feature of the Bac Ninh 2 - Pho Noi 500/220kV T/L

No. Items 500kV T/L 220kV T/L (2 circuits)

500/220kV T/L 220kV T/L (4 circuits)

1 Starting point busbar 500kV

of Pho Noi 500/220kV SS.

busbar 220kV Pho Noi

500/220kV SS. G1D1

Tower No.75 (G17 + 258m)

2 Ending point G1D1 G1D1 Tower No.75 (G17 +

258m) Bac Ninh No.2

220kV Substation

3 Voltage (kV) 500 220 500kV & 220kV 220kV

4 Number of circuits

01 02 01 circuit 500kV & 02

circuits 220kV 04

5 Length of line

(km) 1,924 1,584 23,743 3

6 Conductor 4xACSR-330/42

3xACSR-400/51

4xACSR-330/42 (500kV)

3xACSR-400/51 (220kV)

(at Duong crossing section: 4xASTER-366

and 3xAAAC-400)

3 x ACSR-400/51

7 Earth wire PHLOX-147 PHLOX-147 - -

8 Fiber cable

OPGW-120 OPGW-120 OPGW-120 (02) OPGW-120 (02)

9 Insulator Glass (or ceramic)

10 Tower Galvanized steel

11 Foundation site-precast steel reinforced concrete

12 Earthing iron bar combined with pile

13 Deflection

angle 03 04 16 03

1.2 Project Location and Impact Areas

27. The proposed T/L will start at Pho Noi 500kV Substation at Viet Hung commune, Van Lam district in Hung Yen province, and then traverse across communes of Thuan Thanh, Gia Binh, Que Vo and Tien Du districts and ends at Bac Ninh No.2 200kV Substation. Location of the project is present in Figure 1 annex 2)

28. A total of 12 communes of 05 districts are directly affected by the proposed T/L. (See Table 1.1 for the list of the affected districts and communes). Envisaged to be operational by 2013, the approximately 30 km T/L will be commissioned (see Figure 2 in Annex 2 for Route of the line).


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Table 1.2 Areas traversed by Bac Ninh 2 - Pho Noi 500/220kV T/L

No. Province/ district/

commune Route

Length Total area of affected

land

(m) (m2)

I Bac Ninh Province 29,154 1,090,288

1.1 Tien Du District

1.1.1 Tri Phuong G18-G19 1,914 45,936

1.1.2 Canh Hung G16-G17-G18-G19 2,259 58,712

1.1.3 Minh Dao G17-G16-G13C-G13C1 3,538 141,520

1.1.4 Tan Chi G13C-G13C1-G13B-G2F 1,733 68,320

1.1.5 Lac Ve G13B-G2F-G2E1 2,730 109,200

1.2 Que Vo District

1.2.1 Chi Lang G2F-G2E1-G2E-1 - G2E- G2D-G2C

4,623 179,320

1.3 Gia Binh District

1.3.1 Lang Ngam G2D-G2C-G2B 2,534 94,360

1.4 Thuan Thanh District

1.4.1 Mao Dien G2C-G2B-G2A-2 1,245 49,800

1.4.2 An Binh G2B-G2A2 1,500 60,000

1.4.3 Tram Lo G2A2-G2A1-G2A 3,007 120,280

1.4.4 Nghia Dao Commune G2A1-G2A-G1D1-G1D2-G1E;G1D1-G1D-G1C-G1B-G1A

4,071 162,840

II Hung Yen District 1,227 31,304

2.1 Van Lam District

2.1.1 Viet Hung Commune G1D2-G1E-G1F; G1A-TBA 500kV Phố Nối

1,227 31,304

Total

30.381 1,121,592

Source: PECC3, Aug. 2011

1.3 Measures Taken to Minimize Impacts

1.3.1 Consultation and Participation

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

30. The proposed layouts of the T/L routes of Bac Ninh 2 – Pho Noi 500/220kV T/L (from Viet Hung commune of Van Lam district of Hung Yen province to Tri Phuong commune of Tien Du district of Bac Ninh) is also displayed and discussed again in the respective RP community meetings.

31. The draft layouts of the substation and T/L routes have been communicated by NPPMB to the relevant bodies i.e. provincial, district and commune People‟s Committees,


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Dept. of Natural Resources and Environment, provincial/district/commune/township/ward cadastral services etc. for comments and public display. The valuable feedback of local authorities and APs were taken into account for design.

1.3.2 Measures taken to limit impact in Design Stage

Route Selection

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

33. The following principles were followed:

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

The T/L should avoid traversing or running close to the important projects (i.e. gasoline, explosive storages, radio stations), sensitive locations (i.e. historic and cultural assets) protected forests and areas with high trees. Slope sides and turnings are also avoided to reduce leveling and angle towers.

34. During the mapping of the routes, NPPPMB and its Consultant have thoroughly studied different alternatives on map and at sites to select the optimal ones.

35. To avoid impacts, certain changes in direction of the routes and many turning angles (up-to 109°) of the routes are applied to avoid impacts to the houses/structures.

36. Official agreements on locations of T/L routes have been obtained from the related city/provincial People‟s Committees.

Technical Solutions

37. The applicable average tower distance is around 320m, however, in specific topographic conditions or avoiding structures, tower distance would be shortened to around 145m.

38. Application of different dimensions for tower foundations to be suitable to their functions and the selected locations has been thoroughly studied. Area of tower foundation varies from the average straight line tower of 13.6m x 13.6m to the average angle tower of 23.6m x 23.6m.

1.3.3 Impact Mitigation Measures in Construction Stage

39. During the detail technical design, NPPMB and its Consultant will reinvestigate the routes and make certain modification, if necessary, for optimal results.

40. Suitable measures and optimum arrangements for the project construction are considered i.e. construction would be carried out right after the harvest of crops and terminated before the next sowings. To achieve such target, apt workforces with working shifts would be scheduled to shorten the temporarily affected period.

41. The construction camps for workers in the construction period shall be located on the bare or public lands near by headquarters of communes. The camps shall not to be built in populated areas.

42. In order to minimize the temporary impact by access roads during the construction period, canals, existing roads, paths are considered for the access roads. Even ROW, in case of densely planted timber trees, that is considered to be used for using as access road during the construction period.


8

2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS

2.1 Types of impact

43. With the characteristics of the 500/220kV transmission line, the Bac Ninh 2 – Pho Noi 500/220kV T/L project will cause impacts as follows:

- Permanent land acquisition for tower foundations.

- Moving houses, structures in permanent required land (if any).

- Cutting trees, crops in permanent required land.

- Restricting usability of land/houses/structures in ROW for safety of the line.

- Cutting trees, crops in temporary required land for construction activities.

44. Impacts of the project could be classified as below:

Table 2.1 Impact types of the project

No. Types of impact Entitled Persons

A. Agricultural land

A.1 Permanently affected agricultural land

A.1.1 More than 10 percent or more of total productive landholding affected

All AHs

A.1.2 Less than 10 percent of total productive landholding affected

A.2 Impact on productive land in ROW

A.2.1 Partially impact or totally impact All AHs have land in ROW

B Residential land

B.1 Impact on residential land in ROW

B.3.1 Partially impact or totally impact All AHs have residential land and/or non-agricultural land in ROW

C Main houses and other structures or property

C.1 Main structures (houses and/or shops)

C.1.3 Partially impact on houses/structures in ROW (affected area less than 50% of total land area without any impact to the remaining structures of the house/building

All AHs have houses/ structures in ROW

D Annual and perennial crops, fruit and timber trees and tree/plant fences

D.1 Loss of annual crops Owners of crops and/or trees

D.2 Loss of perennial crops, fruit and timber trees

2.2 Impacts of the project

45. The Inventory of Loss (IOL) carried out in Jan. 2010 and Jul. 2011, had identified a total of 1,418 households/institution belong to 12 communes of 05 districts belong to 02 provines that may be affected by the implementation of the Bac Ninh 2 - Pho Noi 500/220kV T/L project.


9

46. Of the total 1,417 affected households and 01 institution, there are 616 AHs (43.44%) from Tien Du district, 195 AHs (13.75 %) are from Que Vo district, 97AHs (6.84%) from Gia Binh district, 461 AHs and 1 institution (32.65%) from Thuan Thanh district, and 47 AHs (3.31%) are from Van Lam district (for details, refer to table 3.4 and the masterlist of affected persons in Annex 1). In which, 374 HHs and 1 institution will be affected by both permanently and temporary – Tien Du District (159 AHs), Que Vo District (57AHs), Gia Binh District (23AHs), Thuan Thanh District (111AHs and 01 institution), Viet Hung District (24AHs). Among these affected households, there are 02 households with houses in ROW which located in Tien Du District.

(Please refer to Annex 1 - Masterlist of AHs for details).

2.2.1. Impacts on land

47. A total of 1,417 affected households and 01 institution may be affected land belong to 12 communes along the T/L alignment.

a. Permanently affected land for tower foundations

48. The total estimated permanent impact on land is 40,745 m2, in which 1,158 m2 (2.84%) belongs to 1 institution and 39,587 m2 (97.16%) belonging to 374AHs. Each of the 1,417AHs may loss single or multiple types of land which include residential land, annual crop land, and aquaculture land.

b. Temporarily affected land

49. There is no temporarily affected land by the project.

c. Affected land in ROW

50. The total estimated affected land in ROW is 1,080,847 m2. In which, 33,562 m2 (3.11%) belongs to 01 institution and 1,047,285 m2 (96.89%) belonging to 374AHs.

51. Productive land, such as rice paddies, fish pond, and vegetable gardens accounts for 99.96 % (1,080,367 m2) of all affected lands.

52. Non-productive land, such as residential land and others, accounts for 0.04% or about 480 m2 belong to 02 AHs.

53. For lands required by the project for construction of tower foundations and ROW, the affected households will be entitled to full compensation and allowances in conformity with the Project policy. The project resettlement policy is discussed in Chapter 7 of this RP.

Please refer Table 2.2, 2.3 for details of affected land.

Table 2.2 Distribution of Land Losses of Affected Communities and Households

TT Province

District

Commune Unit Reside

ntial Paddy

Annual crop

Other (aquacult

ure, pond, etc.)

Total

A Permanent Impact HH/Institution

- 370 5 - 375

m2 - 40,048 697 - 40,475

1

Bac Ninh

Tien Du

Tri Phuong

HH - 28 - - 28

m2 - 2,608 - - 2,608

2 Canh Hung HH - 33 - - 33

m2 - 3,786 - - 3,786


10

TT Province

District

Commune Unit Reside

ntial Paddy

Annual crop

Other (aquacult

ure, pond, etc.)

Total

3 Minh Dao HH - 47 - - 47

m2 - 4,831 - - 4,831

4 Tan Chi HH - 21 - - 21

m2 - 2.463 - - 2,463

5 Lac Ve HH - 30 - - 30

m2 - 3,912 - - 3,912

6 Que Vo

Chi Lang HH - 52 5 - 57

m2 - 4,911 697 - 5,608

7 Gia Binh

Lang Ngam HH - 23 - - 23

m2 - 2,833 - - 2,833

8

Th

ua

n T

ha

nh

Mao Dien HH - 13 - - 13

m2 - 1,126 - - 1,126

9 An Binh HH - 20 - - 20

m2 - 1,741 - - 1,741

10 Tram Lo HH - 20 - - 20

m2 - 2,081 - - 2,081

11 Nghia Dao

HH/Institution

- 59 - - 59

m2 - 7,218 - - 7,218

12

Hung Yen

Van Lam

Viet Hung HH - 24 - - 24

m2 - 2,538 - - 2,538

B Temporary Impact

HH/Institution

2 1,401 10 5 1,418

m2 480 1,061,498 11,463 7,406 1,080,847

1

Bac Ninh

Tien Du

Tri Phuong HH 2 129 - - 131

m2 480 42,848 - - 43,328

2 Canh Hung HH - 143 - 1 144

m2 - 53,342 - 1,584 54,926

3 Minh Dao HH - 153 - - 153

m2 - 136,689 - - 136,689

4 Tan Chi HH - 66 - - 66

m2 - 65,857 - - 65,857

5 Lac Ve HH - 122 - - 122

m2 - 105,288 - - 105,288


11

TT Province

District

Commune Unit Reside

ntial Paddy

Annual crop

Other (aquacult

ure, pond, etc.)

Total

6 Que Vo

Chi Lang HH - 185 10 - 195

m2 - 162,249 11,463 - 173,712

7 Gia Binh

Lang Ngam HH - 97 - - 97

m2 - 91,527 - - 91,527

8

Th

ua

n T

ha

nh

Mao Dien HH - 80 - - 80

m2 - 48,674 - - 48,674

9 An Binh HH - 120 - 3 123

m2 - 52,837 - 5,422 58,259

10 Tram Lo HH - 96 - - 96

m2 - 118,199 - - 118,199

11 Nghia Dao

HH/ Instituti

on - 163 - 1 164

m2 - 155,222 - 400 155,622

12

Hung Yen

Van Lam

Viet Hung HH - 47 - - 47

m2 - 28,766 - - 28,766

Total m2 480 1,101,546 12,160 7,406 1,121,592

Source: IOL in Aug. 2011, PECC3

Note: 1 HH may fall into more than 1 impact type.

54. There are 374 households that may permanently affected land for tower foundations. In which, 354AHs with less than 10% of their total land area, 20 AHs with between of 10 and 30% of their total land area. There is no AHs with more than 30% of their total land area.

55. There is 01 institution that may permanently affected land for tower foundations. Like surrounding along the route, with paddy. This is affected less than 10% of total land area.

Table 2.3 Distribution of AHs by Percentage of Productive Land Affected

Province/District/Commune < 10% 10-30% Total

Bac Ninh Province

Tien Du District

Tri Phuong Commune 28 - 28

Canh Hung Commune 33 - 33

Minh Dao Commune 45 2 47

Tan Chi Commune 13 8 21

Lac Ve Commune 28 2 30

Que Vo District


12

Province/District/Commune < 10% 10-30% Total

Chi Lang Commune 52 5 57

Gia Binh District

Lang Ngam Commune 22 1 23

Thuan Thanh District

Mao Dien Commune 11 2 13

An Binh Commune 20 - 20

Tram Lo Commune 20 - 20

Nghia Dao Commune 59 - 59

Hung Yen Province

Van Lam District

Viet Hung Commune 24 - 24

Total 355 20 375

Source: IOL in July. 2011, PECC3

Notes: above data is included Tam Thien Mau Co. (Nghia Dao commune)

56. Most affected households from the majority Kinh losing land have Land-use Rights Certificates (LURCs) over their affected properties, notably productive and residential land. The rest have not LURCs but eligible for LURC.

2.2.2. Impacts on houses

57. Houses totally or demolishing partially affected in ROW

Table 2.5 Houses totally affected in ROW by category

Province/District/Commune Grade 4 Total Area (m2)

Bac Ninh Province

Tien Du District

Tri Phuong Commune 2 64


Notes

- Grade 4 (brick wall, wooden frame with titled roof)

HHs with temporarily total/partial impact on houses/structures which could remain in ROW as stipulated by Government Decree No.106/2005/ND-CP dated Aug. 17th, 2005, and they are not required to relocate.

For HHs with temporarily total/partial impact on housing category of Grade 4, their houses will be supported by grounding conductors and fireproof material for safety.

2.2.3. Impacts on crops and trees

Table 2.6 Permanently Impacted Crops

Unit: m2

No. Province/District/Commune Rice Crop Total area

(m2)


13

No. Province/District/Commune Rice Crop Total area

(m2)

I Bac Ninh Province


1.1.1 Tri Phuong Commune 45,456 - 45,456

1.1.2 Canh Hung Commune 57,128 - 57,128

1.1.3 Minh Dao Commune 141,520 - 141,520

1.1.4 Tan Chi Commune 68,320 - 68,320

1.1.5 Lac Ve Commune 109,200 - 109,200

1.2 Que Vo District

1.2.1 Chi Lang Commune 167,160 12,160 179,320


1.3.1 Lang Ngam Commune 94,360 - 94,360

1.4 Thuan Thanh District -

1.4.1 Mao Dien Commune 49,800 - 49,800

1.4.2 An Binh Commune 54,578 - 54,578

1.4.3 Tram Lo Commune 120,280 - 120,280

1.4.4 Nghia Dao Commune 162,440 - 162,440

II Hung Yen Province


2.1.1 Viet Hung Commune 31,304 - 31,304

Total 1,101,546 12,160 1,113,706


Table 2.7 Permanently Impacted Trees

Unit: tree

No.

Province/District/Commune

Industrial tree/ Fruit tree

Eucalyptus Bambo

o Litchi Longan

I Bac Ninh Province


1.1.1 Tri Phuong Commune 239 - - 12

1.1.2 Canh Hung Commune 242 - - 11

1.1.3 Minh Dao Commune 262 - - 13

1.1.4 Tan Chi Commune 245 - - 11

1.1.5 Lac Ve Commune 276 - - 11

1.2 Que Vo District

1.2.1 Chi Lang Commune 2,818 1,790 - -



14

No.

Province/District/Commune

Industrial tree/ Fruit tree

Eucalyptus Bambo

o Litchi Longan

1.3.1 Lang Ngam Commune 1,267 1,199 - -


1.4.1 Mao Dien Commune 1,124 - 1,124 -

1.4.2 An Binh Commune 714 - 63 -

1.4.3 Tram Lo Commune 1,226 - 65 -

1.4.4 Nghia Dao Commune 1,146 - 41 -



2.1.1 Viet Hung Commune 660 - - -

Total 10,219 2,989 1,293 58

Source: July. 2011, PECC3

2.2.4. Vulnerable Groups and severe AHs

58. The IOL had identified a total of 552 AHs in vulnerable groups and 50AHs belong to two groups. In which, 120 poor AHs whose monthly income were between VND1,500,000 – VND1,900,000 per month, which is the Government-set poverty threshold. These AHs are classified as poor and therefore are entitled to additional assistance under the project.

59. In addition, the IOL survey found 132 households that are headed by women and 300 households headed by elderlies.

60. There is no any ethnic minority household affected by the project.

61. There are 20 severely AHs

62. These enumerated households will be given additional allowance according to the project policy, and are entitled to participate in the Income Restoration Program (IRP) that will be discussed in following Chapter.

2.2.5. Summary of impacts

63. Table 2.8 below gives a rundown of the affected assets and other adverse social impacts of the project.

Table 2.8 Summary of impacts

Items Unit Quantity AHs

I Affected asset

1 Land 1,121,592 1,418

1.1 Permanent land acquisition 40,475 375

AHs Paddy field m2 38,890 369

Annual crop land 697 5

Affected institution

Paddy field m2 1,158 1

1.2 Temporary affected land in ROW 1,080,847 1,,418

AHs Residential land m2 480 2


15

Items Unit Quantity AHs

Paddy field m2 1,027,936 1,400

Annual crop land m2 11,463 10

Aquaculture land m2 7,406 5

Affected institution

Paddy field m2 33,562 1

2 Main structures (houses)

Grade 4 (brick wall, wooden frame with titled roof)

m 2

64 2

3 Trees and crops 1,418

Paddy m2 1,101,546

181 (1 HH may

fall into more than 1 type of affected land)

Annual crops m2 12,160

Eucalyptus Tree 10,219

Bamboo Tree 2,989

Litchi Tree 1,293

Longan Tree 58

II Allowances

3

Economic rehabilitation package (for severely affected APs, displaced from housing or losing 10 percent or more of their productive land)

- -

Losing from 10 to 30% of agricultural land holding

AH 20

4 Special allowance for social and economically vulnerable households

Women headed household AH 132

Elderly household heads AH 300

Poor household AH 120



16

3. SOCIO-ECONOMIC INFORMATION AND PROFILE

3.1 Methodology used in socio- economic survey

64. The socio-economic survey (SES) was carried out within July 2011. The SES was done covering 20.66% (293 AHs) of the project affected HHs based on the ROW delineated by the engineers and marked on cadastral maps available at the affected communes. The survey team covered households within the ROW that has a corridor width of 40m for route line 500/220kV and that of 24m for route line 220kV. The team also carried out in depth interviews with many leaders and representatives of the affected communes on their socioeconomic conditions and obtained additional detailed information on their opinion with regard to relocation and income restoration. In addition, the team also was taken some socio-economic data from Statistical Books of affected districts.

3.2 Profile of the project area

65. As mentioned in Chapter 1, the project will pass through two provinces of Bac Ninh and Hung Yen. A total of 5 districts and 12 communes will be traversed by the proposed transmission line.

66. Based on the source from Statistical Yearbook 2010 of affected districts and interviews, the total population of the five project districts in 2010 was 598,605, the total of the twelve project communes was of which 104,639 of which 5 or 0.005% are from ethnic minority background Tày. Table 3.1 and 3.2 contains the population data for the five traversed districts and the twelve traversed communes..

Table 3.1 Population by gender and district

No. Province/ District

Total Population

Total of households

(HH)

Total of persons (Per.)

Female (Per.)

I Bac Ninh province

1.1 Tien Du district 25,165 126,326 64,578

1.2 Que Vo district 29,246 136,578 69,819

1.3 Gia Binh district 21,156 92,238 47,152

1.4 Thuan Thanh district 32,001 146,563 74,923

II Hung Yen province

2.1 Van Lam district 22,746 96,900 49,535

Total 130,314,00 598,605 306,007

Source: Statistical Yearbook 2010 of affected districts

Table 3.2 Population by gender, ethnicity and commune

No. Province/ District/

Commune

Total Population

Total of households (HH)


Female (Per.)

I Bac Ninh Province



17


Commune

Total Population

Total of households (HH)


Female (Per.)

1.1.1 Tri Phuong Commune 2,250 8,300 4,188

1.1.2 Canh Hung Commune 1,380 5,600 2,810

1.1.3 Minh Dao Commune 1,600 6,650 3,340

1.1.4 Tan Chi Commune 2,172 8,447 4,289

1.1.5 Lac Ve Commune 3,310 12,456 6,318

1.2 Que Vo District

1.2.1 Chi Lang Commune 2,072 8,835 4,466


1.3.1 Lang Ngam Commune 1,700 7,119 4,470


1.4.1 Mao Dien Commune 3,167 13,885 3,588

1.4.2 An Binh Commune 1,947 8,797 6,983

1.4.3 Tram Lo Commune 1,771 7,342 4,466

1.4.4 Nghia Dao Commune 2,200 8,250 3,759



2.1.1 Viet Hung Commune 2,244 8,958 4,189

Total 25,813 104,639 52,866

Source: Statistical Yearbook 2010 of affected communes

Table 3.3 Area, population density and poverty rate

No. Province/ District Area (km²) Population

Density (per./km²)

Poverty Rate (2010)

I Bac Ninh province

1.1 Tien Du district 95.69 1,320 6.74

1.2 Que Vo district 154.85 882 12.0

1.3 Gia Binh district 107.80 856 10.0

1.4 Thuan Thanh district 117.91 1,243 8.46

II Hung Yen province

2.1 Van Lam district 74.42 1,302 7.15

Total 550.66 Ave.1,121 Ave.8.86

Source: Statistical Yearbook 2010 of affected districts

3.3 Profile of the affected households

67. The following sections give an overview of the socio-economic condition of the affected households. In total 1,418Ahs/Institution, 293 were covered in the SES conducted within July 2011 by the Consultant (Please see detail in Table 3.4 and the inventory of affected persons in Annex 1). The number of respondents represents 20.66% of total affected households from the districts of Tien Du, Que Vo, Gia Binh, Thuan Thanh, and Van Lam that will be affected by the project.


18

Table 3.4 Total number of affected households covered in the SES


Commune

Total of households

(HH)

Total HHs covered by SES

(HH) % SES

I Bac Ninh Province


1.1.1 Tri Phuong Commune 131 30 22,90

1.1.2 Canh Hung Commune 144 23 15,97

1.1.3 Minh Dao Commune 153 19 12,42

1.1.4 Tan Chi Commune 66 22 33,33

1.1.5 Lac Ve Commune 122 22 18,03

1.2 Que Vo District

1.2.1 Chi Lang Commune 195 38 19,49


1.3.1 Lang Ngam Commune 97 24 24,74


1.4.1 Mao Dien Commune 80 22 27,50

1.4.2 An Binh Commune 123 22 17,89

1.4.3 Tram Lo Commune 96 24 25,00

1.4.4 Nghia Dao Commune 164 24 14,63



2.1.1 Viet Hung Commune 47 23 48.94

Total 1,418 293 20.66

Source: SES in July, 2011, PECC3

Note: The project only impacts to 1 institution belonging to Nghia Dao commune.

68. A total of 293 households were covered in the social – economic survey (SES) conducted within July 2011. The average productive land (i.e., agricultural land, garden land, and aquaculture) of the affected households prior to the project is 1,282 m².

69. Likewise, the average residential land without the Project is approximately 250 m².


19

Table 3.5 Average Landholding of Affected Households

No. Province/ District/ Commune

Residential

Perennial (garden)

Productive land (m2/HH)

Total (m

2/HH)

Paddy Annual

crop Aquaculture

I Bac Ninh Province


1.1.1 Tri Phuong Commune 239 - 598 299 - 1,136

1.1.2 Canh Hung Commune 345 - 797 292 27 1,461

1.1.3 Minh Dao Commune 246 - 940 313 90 1,589

1.1.4 Tan Chi Commune 144 - 490 187 43 864

1.1.5 Lac Ve Commune 276 - 1,152 276 - 1,704

1.2 Que Vo District

1.2.1 Chi Lang Commune 165 - 612 331 116 1,224


1.3.1 Lang Ngam Commune 372 226 582 209 163 1,552


1.4.1 Mao Dien Commune 117 - 586 117 - 820

1.4.2 An Binh Commune 302 - 1,007 327 151 1,787

1.4.3 Tram Lo Commune 387 - 2,435 - 271 3,093

1.4.4 Nghia Dao Commune 248 - 1,040 421 149 1,858



2.1.1 Viet Hung Commune 235 - 1,088 235 43 1,601


3.4 Gender and Ethnic Minority Issues

3.4.1 Gender and Ethnic Minority

70. According to socio-economic survey within July 2011, in total 293 affected households, there are 90.44% (265 males) in comparison with 9.56% (28 females) (refer to table 3.6). The average number of member in each household is 4.22.


20

Table 3.6 Distribution of affected households by gender


Male Headed

AH

Female Headed

AH Total AH No. of AP

Average person/H

H

I Bac Ninh Province


1.1.1 Tri Phuong Commune

28 2 30 111 3.71

1.1.2 Canh Hung Commune

18 1 19 77 4.07

1.1.3 Minh Dao Commune 17 2 19 79 4.17

1.1.4 Tan Chi Commune 20 2 22 88 4.02

1.1.5 Lac Ve Commune 19 5 24 96 3.99

1.2 Que Vo District

1.2.1 Chi Lang Commune 34 4 38 176 4.62


1.3.1 Lang Ngam Commune

22 2 24 102 4.25


1.4.1 Mao Dien Commune 19 3 22 108 4.90

1.4.2 An Binh Commune 18 4 22 100 4.55

1.4.3 Tram Lo Commune 23 1 24 94 3.92

1.4.4 Nghia Dao Commune 24 2 26 118 4.53



2.1.1 Viet Hung Commune 23 - 23 89 3.87

Total 265 28 293 1,238 4.22


Note: The project only impacts on 01 institution belonging to Nghia Dao commune.

71. The SES and IOL have determined that of the 293 affected households, there is no any household belong to ethnic minority groups.

3.4.2 Gender Policies

72. The Government recognizes women as equal to men under the law and constitution of Vietnam. GOV has no specific policy to promote gender issues in the country, although Women‟s Unions generally exist at every level of government.


21

73. ADB‟s Policy on Gender and Development adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate and that their needs are explicitly addressed in the decision-making process for development activities.

3.4.3 Gender Strategies

(i) Basing on the above policies and the scale of female headed households (9.56%) in comparison with male headed households (90.44%), the project includes the following specific actions to address gender issues for households affected by land acquisition and relocation:

- The CARC will include representatives from provincial and WU at district level, while the commune level resettlement committees will include representatives from the WU at commune and village level, and women from affected households. One representative from female headed households will be included in each commune level resettlement committee.

- During RP updating, a capacity building training program/workshop on resettlement activities will be designed for the women and men commune officials, and women and men from affected households to orient them about RP updating and implementation of resettlement activities. Participation of poor women, female headed households in the training will be ensured. Training will also include representatives from government line agencies and representatives from the VWU at commune and village level and other mass organizations including the Fatherland Front, War Veterans Association, Farmers Association and Youth Union.

- The capacity building training/workshop will include information on resettlement activities, compensation procedures, entitlement, management of compensation money, and grievance procedures. The objective of the training is to provide affected communities with understanding of resettlement issues and better access to compensation resources and information on grievance procedures. The training will be arranged in a suitable time for women, especially for poor women, to ensure their participation.

- The capacity building training on resettlement issues will be conducted separately for men and women. Training/workshop should be conducted in Vietnamese.

- In conducting the DMS, both women and men will participate in discussions related to land acquisition and other resettlement issues.

- Consultation meeting on resettlement activities will be held separately and at a convenient time with affected women, and elderly women in order for them to participate in the process more effectively.

- Livelihood activities will be planned with active involvement of women from affected households. Needs assessments for livelihood activities and skill development of livelihood activities will be conducted separately for the female headed households as well the elderly women and poor women. In designing livelihood activities, appropriate economic activities for women affected households will be included in the program in order to avoid any marginalization of women‟s contribution to household economy. Livelihood program for women will emphasize homestead based productive activities such as livestock raising, backyard poultry, fish pond, etc. Livelihood activities for women will include activities which will bring immediate return.

- Relocation of houses in the resettlement sites will include separate discussion with women from affected households including female headed households for selection of sites, housing structure and other social infrastructures;


22

- Compensation money will be given to both men and women from the affected households;

- Specific attention will be provided to the poor women headed households on timely compensation and providing input for developing relevant livelihood activities;

- Joint registration of land rights in the names of husband and wife in instances where land is acquired and compensation is made by land;

- Sensitization training on gender and resettlement will be provided to relevant personnel of NPPMB, CARB, Commune Resettlement Committees, VWU and other relevant mass organizations for effective planning of resettlement activities which is beneficial for men, women and children.

- Disaggregated monitoring indicators by gender and ethnic minority affected households will be developed for monitoring on capacity development training program, livelihood program, resettlement committee and relevant resettlement related activities.

3.5 Vulnerable groups

74. The Project Resettlement Policy recognizes specific group of AHs as vulnerable which includes: women-headed households without support, poor households, and HHs with heads within the retirement age. The SES identified 24 AHs whose monthly income is from VND1,500,000 to VND1,900,000 per month, which is below the Government-set poverty threshold. These AHs are classified as poor and thus need additional assistance.

75. Likewise, the SES had found 57 male–headed and 04 female - headed who are within and over the retirement age as prescribed by government. Under the law, men and women that are within the ages of 60 and 55 years or older respectively, are considered as retired and under the Project Resettlement Policy are classified as among the vulnerable groups and are also entitled to additional support. Table 3.7 contains details on the age and ethnicity of female and male household heads interviewed respectively.

Table 3.7a Male Household Heads Age


Commune

Age of Household Head

59 Years and Below

60 Years and Older

Total

I Bac Ninh Province

1.1 Tien Du District 22

1.1.1 Tri Phuong Commune 22 6 28

1.1.2 Canh Hung Commune 14 4 18

1.1.3 Minh Dao Commune 13 4 17

1.1.4 Tan Chi Commune 16 4 20

1.1.5 Lac Ve Commune 15 4 19

1.2 Que Vo District 7

1.2.1 Chi Lang Commune 27 7 34

1.3 Gia Binh District 5

1.3.1 Lang Ngam Commune 17 5 22

1.4 Thuan Thanh District 18

1.4.1 Mao Dien Commune 15 4 19

1.4.2 An Binh Commune 14 4 18

1.4.3 Tram Lo Commune 18 5 23

1.4.4 Nghia Dao Commune 19 5 24


23


Commune


59 Years and Below

60 Years and Older

Total


2.1 Van Lam District 5

2.1.1 Viet Hung Commune 18 5 23

Total 208 57 265


Table 3.7b Female Household Heads Age



55 Years and Below

56 Years and Older

Total

I Bac Ninh Province

1.1 Tien Du District 1

1.1.1 Tri Phuong Commune 2 - 2

1.1.2 Canh Hung Commune 1 - 1

1.1.3 Minh Dao Commune 2 - 2

1.1.4 Tan Chi Commune 2 - 2


1.2 Que Vo District 1


1.3 Gia Binh District - - -

1.3.1 Lang Ngam Commune 2 - 2

1.4 Thuan Thanh District 2



1.4.3 Tram Lo Commune 1 - 1

1.4.4 Nghia Dao Commune 2 - 2


2.1 Van Lam District - - -

2.1.1 Viet Hung Commune - - -

Total 24 4 28


3.6 Educational Attainment of Affected Household Heads

76. Of the total 28 female HH–heads, 17 persons (60.71%) have completed secondary school, and 11 persons (39.29%) have completed high school.

77. Similarly, of the 265 male HH-heads, 184 persons (69.43%) completed secondary school, 81 persons (30.57%) have completed high school. Table 3.8 contains the details of the educational attainment of surveyed AH heads.


24

Table 3.8 Educational Attainments of Affected Household Heads

Province/ District / Commune

Gender

Education Level

Secondary High

school Total

Bac Ninh Province

Tien Du District

Tri Phuong Commune Male 20 8 28

Female 2 - 2

Canh Hung Commune Male 14 4 18

Female 1 - 1

Minh Dao Commune Male 11 6 17

Female 1 1 2

Tan Chi Commune Male 14 6 20

Female 1 1 2

Lac Ve Commune Male 14 5 19

Female 2 3 5

Que Vo District -

Chi Lang Commune Male 24 10 34

Female 2 2 4

Gia Binh District -

Lang Ngam Commune Male 14 8 22

Female 1 1 2

Thuan Thanh District -

Mao Dien Commune Male

12 7 19

Female 3 3

An Binh Commune Male 13 5 18

Female 1 3 4

Tram Lo Commune Male 16 7 23

Female 1 - 1

Nghia Dao Commune Male 16 8 24

Female 2 - 2

Hung Yen Province -

Van Lam District -

Viet Hung Commune Male 16 7 23

Female - - -

Male Per. 184 81 265

% 69,43 30,57 90,44


25


Gender

Education Level

Secondary High

school Total

Female Per. 17 11 28

% 60,71 39,29 9,56

All Per. 201 92 293

% 68,60 31,40 100

Source: SES in July, 2011, PECC3.

78. As above mentioned, the project does not impact to ethnic minorities.

3.7 Main Occupation of Affected Household Heads

79. The female household-heads‟ income are received in multiple livelihood sources. However, as would be expected in a predominantly agriculture-based economy, most of the household heads (28 out of 28 female HH–heads or 100 %) reported farming as their main occupation).

80. The male - head of affected households were also reported to be engaged in multiple sources of livelihood. Similar to the female HH heads, most of the respondents (228 out of 265 Male HH heads or 86.04 %) reported farming as their main occupation, 02 persons (0.75%) are engaged in breeding, 03 (1.13%) are workers, and 32 persons (12.08%) are engaged in construction workers, capenters, received support from Vietnam, etc.).

81. Table 3.9 contains the details of the male and female HH heads occupation respectively.

Table 3.9 Main Occupation of Affected Household Heads


Gender

Occupation

Total Farming Breeding Worker

Other (construction

worker, carpenter, husk, etc.)

Bac Ninh Province

Tien Du District

Tri Phuong Commune Male 27 - - 1 28

Female 2 - - - 2

Canh Hung Commune Male 14 - - 4 18

Female 1 - - - 1

Minh Dao Commune Male 16 - - 1 17

Female 2 - - - 2

Tan Chi Commune Male 20 - - - 20

Female 2 - - - 2

Lac Ve Commune Male 17 2 - - 22

Female 5 - - - 2

Que Vo District

-


26


Gender

Occupation

Total Farming Breeding Worker

Other (construction

worker, carpenter, husk, etc.)

Chi Lang Commune Male 33 - - 1 34

Female 4 - - - 4

Gia Binh District

-

Lang Ngam Commune

Male 16 - - 6 22

Female 2 - - - 2


-

Mao Dien Commune Male 17 - - 2 19

Female 3 - - - 3

An Binh Commune Male 13 - - 5 18

Female 4 - - - 4

Tram Lo Commune Male 19 - - 4 23

Female 1 - - - 1

Nghia Dao Commune Male 19 - - 5 24

Female 2 - - - 2

Hung Yen Province

Van Lam District

Viet Hung Commune Male 17 - 3 3 23

Female - - - - -

Male Per. 228 2 3 32 265

% 86.04 0.75 1.13 12.08 100

Female Per. 28 - - - 28

% 100,00 - - - 100

Total Per. 256 2 3 32 293

% 87.37 0.68 1.02 10.92 100

Source: SES in July, 2011, PECC3.

3.8 Monthly Income of Affected Households

82. The SES identified 24 AHs out ot 293 AHs (8.19%) affected households whose monthly income were below the Government-set poverty threshold of VND2,000,000 per month/household. Male-headed households accounted for 95.83% (23 AHs out of 24 AHs) of the poor households, while female-headed households only account for 4.17% (1 AH out of 24AHs).

Table 3.10 Average Monthly Household Income of Affected Households

Province/ District / Average monthly household income (VND Million)


27

Commune Male-Headed households Female-Headed households

1.5 – 1.9 > 2 NA 1.5 – 1.9 > 2 NA

Bac Ninh Province

Tien Du District

Tri Phuong Commune 4 12 12 - 1 1

Canh Hung Commune 1 8 9 - - 1

Minh Dao Commune 2 6 9 - 1 1

Tan Chi Commune 1 9 10 - 1 1

Lac Ve Commune 1 9 9 - 2 3

Que Vo District

Chi Lang Commune 5 16 13 1 2 1

Gia Binh District

Lang Ngam Commune 2 9 11 - 1 1


Mao Dien Commune 1 9 9 - 1 2

An Binh Commune 1 9 8 - 2 2

Tram Lo Commune 2 10 11 - - 1

Nghia Dao Commune 1 11 12 - - 2

Hung Yen Province

Van Lam District

Viet Hung Commune 2 11 10 - - -

Total 23 119 123 1 11 16

% 7,85 40,61 41,98 0,34 3,75 5,46


NA = not answer

3.9 Health and Sanitation

83. Among affected households heads covered by SES, there are 7.51% (22 AHs) use running water in comparison with 92.49% (271 AHs) use wells (dug wells, drilled wells with the hand pumps and/or electric pumps) for main source of water for washing and drinking. Table 3.11 contains the details on the water supply sources of AHs.

Table 3.11 Main Sources of Water Supply of Affected Households

No. Province/ District / Commune Running water Dug/drilled well

I Bac Ninh Province


1.1.1 Tri Phuong Commune - 30

1.1.2 Canh Hung Commune - 19

1.1.3 Minh Dao Commune - 19

1.1.4 Tan Chi Commune 22 -


28

No. Province/ District / Commune Running water Dug/drilled well

1.1.5 Lac Ve Commune - 24

1.2 Que Vo District

1.2.1 Chi Lang Commune - 38


1.3.1 Lang Ngam Commune - 24

1.4 Thuan Thanh District -

1.4.1 Mao Dien Commune - 22

1.4.2 An Binh Commune - 22

1.4.3 Tram Lo Commune - 24

1.4.4 Nghia Dao Commune - 26



2.1.1 Viet Hung Commune - 23

Total HH 22 271

% 7.51% 92.49%


84. The most common causes of morbidity within the project area reported by the affected households in the past 12 months were cases of upper respiratory type of diseases such as cough/rhinorrhea (37.4%), Influenza or Flu (26.3%); and no answer (36.3%).

85. 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 AHs that have serious cases seek medical treatment at hospital for their ailments.

3.10 Sources of Energy Used for Lighting and Cooking

86. The most commonly-used power source for lighting is electricity, with 100% of the affected households reporting to use it. None are using generator, battery, wood, coal or even petrol for their lighting needs. Table 3.12 contains details on the energy sources availed by AHs.

Table 3.12 Sources of Energy Used for Lighting by Project Affected Households

No. Province/ District / Commune Energy source

Electricity

I Bac Ninh Province


1.1.1 Tri Phuong Commune 30

1.1.2 Canh Hung Commune 19

1.1.3 Minh Dao Commune 19

1.1.4 Tan Chi Commune 22

1.1.5 Lac Ve Commune 24

1.2 Que Vo District


29

No. Province/ District / Commune Energy source

Electricity

I Bac Ninh Province

1.2.1 Chi Lang Commune 38


1.3.1 Lang Ngam Commune 24


1.4.1 Mao Dien Commune 22

1.4.2 An Binh Commune 22

1.4.3 Tram Lo Commune 24

1.4.4 Nghia Dao Commune 26



2.1.1 Viet Hung Commune 23

Total HH 293

% 100%


87. Regarding fuel for cooking, 40.96% or 120 affected households used wood for fuel, 22.18% (65 households) reported to use liquefied petroleum gas, and 36.86% (108 households) use other materials. None reported to use electricity or private generators for cooking. Table 3.13 contains the details on the sources of energy use by AHs for their cooking needs.

Table 3.13 Sources of Energy Used for Cooking by Project Affected Households

No. Province/ District / Commune

Energy Source for Cooking by AHs

liquefied petroleum

gas Wood Others

I Bac Ninh Province


1.1.1 Tri Phuong Commune 7 12 11

1.1.2 Canh Hung Commune 4 8 7

1.1.3 Minh Dao Commune 4 8 7

1.1.4 Tan Chi Commune 5 9 8


1.2 Que Vo District - - -


1.3 Gia Binh District - - -

1.3.1 Lang Ngam Commune 5 10 9

1.4 Thuan Thanh District - - -



30

No. Province/ District / Commune

Energy Source for Cooking by AHs

liquefied petroleum

gas Wood Others


1.4.3 Tram Lo Commune 5 10 9

1.4.4 Nghia Dao Commune 6 11 9

II Hung Yen Province - - -

2.1 Van Lam District - - -

2.1.1 Viet Hung Commune 5 9 9

Total HH 65 120 108

% 22.18 40.96 36.86



31

4. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

88. Participation provides for the occasion and the process by which stakeholders influence and become co-responsible for development initiatives and decisions that affect them. Through participation, the needs and priorities of the local population are expressed and can be addressed in project and resettlement planning. The affected households and other stakeholders will continue to be consulted during RP updating and implementation, following a two-way process – information dissemination and gathering of feedback and suggestions.

4.1 Public Consultations

89. During preparation of the project and this RP and its consultant paid great attention and efforts on public, stakeholder‟s consultation. They were held different consultation activities within July 2011 with (i) local authorities of different levels, (ii) local community and groups of affected HHs; (iii) local non-government organizations such as Women‟s Association, Farmer„s Association, etc.

90. The purpose of these meetings is to enable the DPCs/CPCs and relevant agencies to be familiar with the project, its general transmission lines and facilities, as well as understand clearly the probable resettlement, socio and environment issues that may evolved during the implementation of the sub-project. Foremost in the presentations, is the ADB Social Safeguard policy and relevant Vietnam laws on the involuntary resettlement that will be applied during preparation and updating of the Resettlement Plan.

91. During the meetings, the consultant teams relayed to participants the following topics:

i. General information of the sub-project, its route and features;

ii. List of project affected districts, communes and the scale of possible land

acquisition for the project transmission line;

iii. Objectives and Principles of RP according to the requirements of GOV and

ADB‟s policy on involuntary resettlement;

iv. Schedules of socio-economic survey (SES) and Inventory of loss (IOL);

v. Livelihood restoration program;

vi. Compensation and relocation modes (options for cash and/or in-kind

compensation);

vii. Ethnic, Gender and vulnerable group issues; and

viii. Mechanisms of APs participation, grievance redress, monitoring and evaluation

through all phases of RP preparation, updating and implementation

92. The methods adopted for project information and public consultation included group and focus discussion, public meetings, key informant interviews and HH‟s socio-economic survey. The information gathered from the consultation process has been used for assessing project resettlement impacts and clarifying recommended measures mitigating potential negative resettlement impacts on local population.

93. During the preparation of draft RP, the consultants interviewed a number of informants which included representatives of local agencies and other stakeholders that included district women unions, farmer associations, district compensation - assistance and resettlement committees (DCARCs), vocational training centres, Social Banks, and others. The coverage of the key informant interview includes: a) capacity of local governments on social safeguards implementation, and b) the possibility of pursuing livelihood restoration programs for APs and vulnerable groups.

94. Consultation for the purpose of the rapid replacement cost study was carried out separately during the months of August 2011. Persons consulted included government officials


32

responsible for valuation of properties acquired for government projects, store owners, construction companies, individuals that have had recent land sale transactions, and others. The results of this study were subsequently used for deriving the resettlement cost for Sub-project. The RCS report is found in Appendix 5

95. Table 4.1 below presents the date of the public consultations, number of people attended and the type of information provided to APs and various stakeholders as well as feedbacks. Public consultations were held within July 2011 at People‟s Committee of affected communes. Minutes of meetings and List of participants will be enclosed to Annex 4.

Table 4.1 Public consultation

No. Commune Date Participant Predominant feedback related to

resettlement

1 Tri Phuong Commune

July 28 30 - Acquisition land for tower foundation and under ROW

- Compensation and allowances should be enough so that local people can stabilize their lives and productions

- Should to consider further elements such as inflation and fluctuation

- Allowances for the affected people to stabilize their lives; and local authority to construct welfare infrastructure.

- Creating working opportunities for the locals during construction phase

- Proposing notice of clearance, work schedule and compensation plan for local authorities and the local in project area.

2 Canh Hung Commune

July30 - Acquisition land for tower foundations

- Compensation and acquisition for land under ROW

- Allowance about 30% unit price of acquisition land and extra allowance for affected people to stabilize their production

- Allowance for the local authority to construct welfare works

- Allowance for temporary area in construction phase

- Ensuring legality of acquisition land under regulations of Government.


- Proposing work schedule for local authority to minimize impacts on living and lives of the local in project area.

3 Minh Dao Commune

July 27 - Acquisition land for tower foundations


- Compensation and allowance for


33


resettlement

damaged roads with better or at least equal level in comparison with the original aggregate

- Compensation for construction activities should be carried out in a credit procedure so that the local authority can ensure with the locals that implement of the project do not harm to their living

4 Tan Chi Commune


- Compensation and allowance for affected people in construction phase

July 26

- Besides, the owner should give allowances for affected people because of impacts of high level voltage


- During construction and operation phases, we propose Project owner, management organizations and constructors often coordinate with local authorities to solve arising matter related to works, the legitimate rights of the locals

5 Lac Ve Commune


- Compensation and extra allowances should be considered so that local people can stabilize their lives and productions

- Proposing compensation for the small rest area around tower foundations due to difficulty in production process

- In areas which residents leased for planned the farm economy in 20 years, impact of the electromagnetic field issue can lead to difficulty of clearance

- Allowance with a rate of VND10,000 per square meter of acquisition land for the local authority to construct welfare works


6 Chi Lang Commune


- Compensation unit price have to replace affected asset.


7 Lang Ngam July 26 - Acquisition land for tower foundations


34


resettlement

Commune and temporary area in construction phase

- Compensation have to satisfied and meet regulations of the Government and ADB.

- Considering the transmission lines planning in accordance with the local economic potential


8 Mao Dien Commune


- Reducing minimize impacts on other areas.

- Compensation have to meet regulations of the Government and ADB.

- Allowance with a rate of 10% of compensation unit price when acquition land is more than a rate of 30% of total property area

- Allowance for affected people for the difference in price in comparison with market prices

- Traning for affected households for changing jobs


9 An Binh Commune


- Proposing moving the 500kV route line forward 30meters to the East because it may ac

- ross residential area planning under Decision No.737/QĐ-UBND of PPC


10 Tram Lo Commune


- Avoiding arise impacts on surrounding areas

- Allowance for temporary area in construction phase

- Proposing notice of clearance, compensation and work for local authorities

- Giving back temporary areas around tower foundations so that the local can stabilize their production


- Compensation in equivalent with other


35


resettlement

projects in the local

11 Nghia Dao Commune


- Do not acquisition land in other areas which not related to project area

- Proposing compensation for the small rest area after take acquisition land of the local


- Compensation and allowance should be done before commencement of the project

- In the future, the owner should to consider developing planning of locals which be constructed proposed projects to reduce impacts.

12 Viet Hung Commune

July 25 23 - Compensation for acquisition land and allowance for temporary land in construction phase should be meet regulations of the Government.

4.2 Disclosure of RP

96. A public information booklet (PIB) has been prepared and distributed to the affected households at the Public Consultation (please refer to Annex 3). The following information are provided in the PIB: (i) a brief background of the Project, specifically the civil works to be undertaken and the adverse social impacts; (ii) IOL results, with a statement that detailed information is available at the commune office; (iii) basis used for asset valuations, stating also that detailed information is available at the commune office; (iv) the entitlements due to the affected households; (v) timing of payments and the schedule of displacement; (vi) grievance redress mechanism; and (vii) contact persons at NPPMB and concerned local authorities. With regard to disclosure of the draft RP, key information of the plan will be disclosed to the PPCs, DPCs, in which Resettlement Impacts, Mitigation Measures, Compensation and Rehabilitation was present. The results of the consultation meetings which focused on alternative livelihoods are discussed in detail in Chapter 9 a copy of the RP, also translated in Vietnamese, will be placed in the provincial, district and communal offices. Similarly, the draft RP will be uploaded on the ADB website following approval of the draft RP by NPPMB and ADB.

97. Disclosure of the updated RP to PPCs, DPCs, will be carried out prior to its submission to ADB for review and approval. Key information in the updated RP to be disclosed to the displaced persons, will include (i) compensation, relocation and rehabilitation options, (ii) DMS results, (iii) detailed asset valuations, (iv) entitlements and other benefits, (v) grievance redress procedures, (vi) timing will again be disclosed to the affected households and uploaded on the ADB website. The information will be made publicly available in commune offices and provided to the displaced persons in the form of a summary RP. Social monitoring reports as well as resettlement External Monitoring Report will also be uploaded on ADB website.


36

5. GRIEVANCE REDRESS MECHANISM

98. 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. Complaints will pass through 4 stages before they could be elevated to a court of law as a last resort.

- 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 CARB of district. 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 CARB of district of any determination made. The CARB of district must ensure this decision is notified to the AP..

- 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 15 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.

- 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.

99. 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 CARD of district are responsible to follow up the grievance process from the APs.


37

6. LEGAL FRAMEWORK

100. The legal and policy framework for addressing the adverse social impacts of the Bac Ninh 2 - Pho Noi 500/220kV T/L project is provided by relevant policies and laws of Viet Nam and of the ADB.

6.1 Asian Development Bank Policy

101. The aim of ADB Policy on Involuntary Resettlement is to avoid or minimize the impacts on people, households, businesses and others affected by the acquisition of land and other assets, including livelihood and income, in the implementation of development project, such as the Bac Ninh 2 – Pho Noi 500/220kV T/L. Where resettlement is not avoidable, the overall goal of the ADB policy is to help restore the living standards of the affected people to at least their pre-Project levels by compensating for lost assets at replacement costs and by providing, as necessary, various forms of support.

102. The new ADB Safeguard Policy Statement (2009) consolidates three existing safeguard policies: Involuntary Resettlement (IR), Indigenous Peoples (IP), and environment. The objectives of the IR policy are:

- To avoid involuntary resettlement wherever possible;

- To minimize involuntary resettlement by exploring project and design alternatives;

- To enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and,

- To improve the standards of living of the displaced poor and other vulnerable groups.

103. Involuntary Resettlement covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas – regardless of whether such losses and involuntary restrictions are full or partial, permanent or temporary. Moreover, the Policy also applies to associated facilities funded through other sources and involuntary resettlement actions conducted by the borrower/client in anticipation of ADB support.

104. Projects financed by ADB, including associated facilities that are financed by the Government or other sources, are expected to observe the following policy principles:

i. Screen early to identify involuntary resettlement impacts and risks and determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

ii. Carry out meaningful consultations with displaced persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options and ensure their participation in various stages of the project especially vulnerable and poor groups. Establish a grievance redress mechanism to receive and facilitate resolution of the displaced persons‟ concerns. Support the social and cultural institutions of displaced persons and their host population.

iii. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation, assistance 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


38

compensation, assistance at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

iv. Provide physically and economically displaced persons with needed assistance, including the following: (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 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.

v. Improve the standards of living of the displaced poor and other vulnerable groups, including women head of households, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

vi. 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.

vii. Ensure that displaced persons without titles to land or any recognisable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

viii. 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.

ix. Disclose both the draft and final resettlement plan in a form and language understandable to displaced persons and other stakeholders.

x. Conceive and execute involuntary resettlement as part of a development project or programme. Include the full costs of resettlement in the presentation of project‟s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

xi. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

xii. 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 reports.

105. Calculation of full replacement cost will be based on the following elements: (i) fair current market value at the time of compensation; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. In the calculation, depreciation of structures will not be taken into account. It is expected that qualified and experienced experts will undertake the valuation of acquired assets.

106. Persons or households without formal legal rights nor recognized or recognizable claims to the acquired land are still entitled to be compensated for their loss of assets other than land, such as dwellings or other improvements on the land at full replacement cost, provided that they have occupied/used the land or structures in the affected land prior to the cut-off date


39

6.2 Regulations of Vietnam Government on Resettlement

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.

- 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/NĐ-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.

d. Current decisions of Bac Ninh and Hung Yen provinces


40

- Decision No.171/2009/QD-UBND dated Dec. 18, 2009 of Bac Ninh PPC on procedures on compensation, assistance and resettlement in the event of land recovery by the State in Bac Ninh province.

- Decision No.09/2011/QD-UBND dated Jun.01, 2011 of Hung Yen PPC on policies and procedures on compensation, assistance and resettlement in the event of land recovery by the State in Hung Yen province.

107. The Constitution of the Socialist Republic of Viet Nam (1992) 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, assistance and resettlement. The principal documents include: the Law on Land of 2003, providing Vietnam with a comprehensive land administration law; Decree No.197/2004/ND-CP, Decree No.188/2004/ND-CP, Decree No.17/2006/NĐ-CP, Decree No.84/2007/ND-CP, Decree No.123/2007/ND-CP, and Decree No.69/2009/ND-CP.

108. Laws, decrees and decisions relevant to public disclosure of information include the Law on Land, No.13/2003/QH11, Article 39, requiring disclosure of information to the displaced persons prior to recovery of agricultural and non-agricultural lands of a minimum of 90 and 180 days minimum respectively. MONRE also issued Circular No.14/2009/TT-BTNMT on the allocation of new residential land or a resettlement house or monetary compensation for displaced persons that need to relocate and granting authority to People‟s Committees to determine whether certain structures built after Jul.1 2004 violated approved land use.

109. Decrees relevant to Detailed Regulations and Guidelines on some articles implementation in Electricity Law on safety protection for high voltage power network. That is Decree No.106/2005/ND-CP, and Decree No.81/2009/ND-CP on amendment and adjustment some articles of Decree No.106/2005/NĐ-CP.

110. At the local level, the provinces has issued a Provincial Decisions, consolidating Decree No.69/2009/ND-CP and other legal documents relevant to planning and implementation of resettlement at the provincial level. The Provincial Decisions stipulates that compensation for land shall be at the market rate following the provincially regulated price-frame, which is issued each January, and provides for assistance/allowances for relocation, livelihood and production stabilisation as well as occupational training and other changes.

6.3 Discrepancies between regulations of Government and ADB Policies

111. There is basic congruence between Viet Nam‟s laws and ADB‟s Resettlement Policy especially with regard to the entitlement of persons with legal rights/titles. Existing legislation provides guidance in (i) determining market/replacement rates and payment of compensation, assistances for various types of affected assets; (ii) options for land-for-land and cash compensation assistance; (iii) provision of relocation assistance and support to displaced households during the transition; (iv) provision of resettlement land and housing with secure tenure; (v) additional assistance for severely affected and vulnerable households; (vi) Assistance to livelihood restoration and training; and (vii) notification/disclosure, consultation, and grievance mechanisms.

112. However, ADB Policy does not consider the absence of legal rights of affected persons on the acquired land as an impediment to receiving compensation for other assets and for rehabilitation assistance. Non-registration of an APs‟ business also does not bar them from being assisted in restoring their business.

113. Provisions and principles adopted in this Project will supplement the provisions of relevant decrees currently in force in Vietnam wherever a gap exists, consistent with Decree No.131/2006/ND-CP which provides that in case of “discrepancy between any provision in an international treaty on Official Development Assistance, to which the Socialist Republic of


41

Viet Nam is a signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall take precedence” (Article 2, Item 5).

114. Key differences between ADB Resettlement Policy and Viet Nam‟s resettlement legislation, and policy of the project are outlined in the table below.


PECC3 42

Table 6.1 Discrepancies between Decree 197/ND-CP, Decree 69/NDCP and ADB Safeguard Policy Statement

197/2004/ND-CP, 69/2009/ND-CP Revised ADB Policy Project Policy

Severely impacted APs losing productive land

Decree 69, Art 20: For significantly impacted APs, livelihood restoration measures cut in when AP loses at least 30% of productive agriculture land.

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 Decree 69: Article 23: Persons whose main income is derived from agricultural production whose land is acquired by the Government and cannot satisfy LURC and compensation conditions stipulated in Article 8 of Decree No. 197/2004/ND-CP and Articles 44, 45 and 46 of Decree No. 84/2007/ND-CP will be referred to the Provincial Peoples‟ Committee for consideration of the level of assistance to be provided in conformity with the locality‟s actual conditions

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 recognisable 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.

Compensation for lost land

Article 9, Decree 197: 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.

Decree 69, Art 11, Art 16, Compensation is land for same-use land or if not available the AP can be compensated in cash based upon the market transfer price of such land at the time of the decision to acquire. Compensation limited to the allowable land quota, unless land over limit due to inheritance or legally transferred from other persons, or unused land developed according to the land use plan approved by the authorities. If

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 recognisable claim, compensation is


PECC3 43


not, compensation only for improvements on that land.

for full amount of land acquired.

Differences between compensation rates and market rates

Dec 69 Art 14(2): If compensation is through new land or allocation of land at a resettlement area or by housing and the replacement is valued at less than the land acquired, the price difference will be paid in cash. Dec 69 Art 14(2a) If replacement residential land or the amount compensated to purchase a replacement house is more than the actual replacement cost, the AP still receives the full amount. Dec 69 Art 14(2b) if the compensated amount is less than the replacement residential land and house the AP will pay the difference themselves except for cases covered by Art 19(1) – this will not apply to (poor) APs who will be assisted by the State. If the AP does not receive land or house at the resettlement site the AP will receive the cash difference.

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

Dec 69 Art 24 – Compensation for House, Structures on Acquired Land.

Clause (1) – Compensation for APs residential structures based on value of newly constructed house/structure equal to technical standard issued by MoC and based on house area and

Rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs, based upon: i) fair market value, ii) transaction costs, iii) interest accrued, iv) transitional and restoration costs, v) other applicable

Full compensation at replacement cost will be paid for all affected structures without any deductions for salvageable materials or depreciation, full replacement costs, based upon: i) fair market value, ii) transaction costs, iii)


PECC3 44


unit prices issued by PPC. Clause (2) other structures compensation equal to: a) total present value using unit costs for newly constructed house/structure using MoC technical standards and depreciated to present value of acquired house/structure. Maximum value cannot exceed 100% of new value of acquired house/structure

payments. interest accrued, iv) transitional and restoration costs, v) other applicable payments

Compensation for registered businesses

Articles 26, Decree 197: Only registered businesses are eligible for assistance. Decree 69 Art 20(2) if business must be suspended AP is compensated with max 30% of after tax income in one year, 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 69 only recognises formal registered businesses as entitled to compensation for lost income based upon Tax Office records

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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6.4 Project principles

115. To address the discrepancies between ADB‟s SPS and relevant GOV regulations as described in the table above, the project principles on resettlement policy are as follows:

- Involuntary resettlement and impacts on land, structures and other fixed assets will be avoided or minimized where possible by exploring all alternative options.

- Compensation and assistance will be based on the principle of replacement cost at the time of implementation.

- Severely affected household (SAH) is considered when they are losing 10% or more of the household‟s assets shall be considered as threshold.

- Displaced persons without title or any recognizable legal rights to land are eligible for compensation for non-land assets at replacement cost.

- Residential and agricultural land for replacement should be close to the previous places as much as possible and be suitable to displaced persons.

- Meaningful consultation will be carried out with the displaced persons and concerned groups and ensure participation from planning up to implementation. The comments and suggestions of the APs and communities will be taken into account.

- The RP will be disclosed to APs in a form and language(s) understandable to them

- Resettlement identification, planning and management will ensure that gender concerns are incorporated.

- Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups such as households headed by women, children, disabled, the elderly, landless and people living below the generally accepted poverty line.

- Existing cultural and religious practices will be respected and preserved, to the maximum extent practical.

- Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out in various stages of the project.

- Resettlement transition stage should be minimized. Restoration measures will be provided to displaced persons before the expected starting date of construction in the specific location.

- Budget for payment of compensation, assistance, and resettlement and support will be prepared sufficiently and made available during project implementation and by the provinces.

- Reporting and independent monitoring should be defined clearly as part of the management system of resettlement. Independent assessment of the duration and results of the land recovery should be carried out.

- The NPT will not issue notice of possession to contractors until the NPT are officially confirmed in writing that (i) payment has been fully disbursed to the displaced persons and rehabilitation measures are in place (ii) already-compensated, assisted displaced persons have cleared the area in a timely manner; and (iii) the area is free from any encumbrances. The satisfactory resettlement to be ascertained by the independent monitor before start of the civil works.

- Cut-off date is the date of completing DMS for which land and/or assets affected by the Project are inventoried.


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7. ELIGIBILITY AND ENTITLEMENTS

7.1 Eligibility

116. Eligibility will be determined with regard to the cut-off date, which is taken to be the date of completing DMS for which land and/or assets affected by the projects are measured. The APs will be informed of the cut-off date for each project component, and any people who settle in the project area after the cut-off date will not be entitled to compensation and/or assistance under the project.

117. In addition, the extent of eligibility for compensation with regard to land is determined by legal rights to the land concerned. There are three types of APs: i) persons with Land Use Rights Certificates (LURCs) to land lost in entirety or partially, ii) persons who lost land they occupy in its entirety or partially who do not currently possess a LURC but have a claim that is recognizable under national laws, or, iii) persons who lost land they occupy in its entirety or partially who do not have any recognizable claim to that land. APs included under i) and ii) above shall be compensated for the affected land and assets upon land. APs included under iii) shall not be compensated for the affected land, but for the affected assets upon land and are entitled to assistance if they have to relocate.

7.2 Entitlements

118. Households or individuals with sufficient basis for compensation will be compensated for land and structure losses equivalent to 100% of the price of such assets. Those without sufficient legal rights are also assisted as described in the entitlement matrix below.


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Table 7.1 Entitlement Matrix

Entitled Persons Type & Level Of

Impact Number of HHs

Compensation Policy Implementation Issues

A. AGRICULTURAL LAND

A.1 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

20AHs 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 AP; (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 Project 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 DCARC for each case. DCARCs 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

355AHs 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 DCARCs Decided by DPCs

A.2 Impact on productive land in ROW


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All AHs have productive land in ROW

Partially impact or totally impact

1,417 HHs and 01

institution

a/ No compensation for land.

b/ Compensation for fruit trees and others at market price.

c/ Support for utilization of restricted land

Affected land in ROW will be rehabilitated by contractors after the project 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, project will pay for this work.

B. RESIDENTIAL AND/OR NON-AGRICULTURAL LAND (e.g., commercial)

B1. Impact on residential land in ROW

All AHs have residential land in ROW

Partially impact or totally impact

2HHs a/ No compensation for land.

b Allowance for purchasing fireproof materials and lightning arrestors for the existing house/structure or cash compensation at replacement cost of affected house/structure

c/ Support for utilization of restricted land

Affected land in ROW will be rehabilitated by contractors after the project construction and land in ROW could be used with the restricted purposes. (Described in Decree 81, 2009, article 1)

C. MAIN HOUSES OR PROPERTY

C.1. Main Structures (Houses and/or Shops)

All AHs have houses/ structures 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

2HHs a/ AH could chose one of the following options:

- Retaining their houses or building in ROW according to the conditions regulated by Article 6 of Decree 106/2005/ND-CP and Article 4 of Decree 81/2009/ND-CP. Allowance for purchasing fireproof materials and lightning arrestors for the existing house/building.

- Cash compensation at replacement cost for full areas of affected house/structure and cost for demolishing AHs‟ houses in ROW.


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b/ Support for utilization of restricted house and impact on impacts on daily-life activities.

D. ANNUAL AND PERENNIAL CROPS, FRUIT AND TIMBER TREES AND TREE/PLANT FENCES

Owners of crops and/or trees

Loss of annual crops 1,417 HHs

and 01 institution

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

Loss of perennial crops, fruit and timber trees

1,417 HHs 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 RPs

E. REHABILITATION ASSISTANCE

E.1 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

20HHs 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) 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

(iii) Participating in income restoration programs (IRP).

Value of in kind assistance to be determined during RP implementation. Income Restoration Programs will be designed during project implementation with the assistance of an agency specialized in livelihoods/labor or vocational assistance and with the active involvement of the AHs.

IRP shall be prepared during the RP updating following the needs assessment of the APs


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E.2 Assistance for job changing and creation

AHs with agricultural land required permanently

Assistance for job changing and creation.

374HHs

and 01 institution

Cash assistance is equivalent to around 2.5 to 3 times of compensation value for affected land area but not exceed 5 (five) times of land quota in locality according to PPC's regulation.

If AP has demand for training, he/she will be entitled to a free training course

Eligibility will be confirmed during DMS.

E.3. Special allowance for social and economically vulnerable households

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.

572HHs 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.

E.4 Allowances for houses in ROW

AHs with houses in ROW

Assistance to improve house or install fireproof materials and lightning arrestors. And assistance to mitigate impacts due to restricted usability and impacts on daily-life activities

02 AHs Houses Grade 4, allowance for installing fireproof materials and lightning arrestors.

Allowance due to restricted usability and impacts on daily-life activities (according to GOV Decree No.81/2009/ND-CP, it is ≤ 70% value of house)

AHs with houses in ROW

E.5 Allowances for land in ROW

AHs with land in ROW

Assistance to mitigate impacts due to restricted usability of land

1,417 AHs and 01

institution

Allowance for agriculture land, residential land, production forest land, non - agriculture land in ROW (according to GOV Decree No.81/2009/ND-CP, it is ≤ 80% compensation unit price)

AHs with land in ROW


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E.3 Allowance for budget of commune level

Affected commune Assistance to construct infrastructure for community in project area

01 commune

Allowance for communal budget (according to regulation of PPC)


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8. RELOCATION OF HOUSING AND SETTLEMENTS

119. There are 02 AHs with their houses (grade 4) partly affected due to location in ROW. According to Decree No.106/2005/NĐ-CP dated Aug.17, 2005 and Decree 81/2009/NĐ-CP dated Oct.12, 2009, all their houses are not required to be relocated, they could be existed in ROW if meeting fully stipulated conditions (roofs and surrounding walls are made of fire-proof materials, metal structures are earthed according to regulations on earthing techniques, etc.). Hence, they will be compensated and supported in cash to improve and install grounding conductors and fireproof material for safety.

120. Apart from the individual APs, there are 01 institutional APs, and there is no institutional APs are required to be relocated.


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9. INCOME RESTORATION AND EHABILITATION

9.1 Background

121. 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 Bac Ninh and 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.

122. In order to assist APs restore livelihoods and income levels, the project will provide an income restoration programme 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 programme are identified in the entitlement matrix.

123. The scope of the entitlements includes an allowance to cover living costs during a period of reduced income while APs restore 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.

124. 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.

9.2 Income Restoration Program

125. 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

126. In Chapter 2, it was reported that about 1,418 affected households/institution will be required permanently land, in which 20 AHs that will stand to lose 10% or more of their productive assets, most of which are agricultural land (paddy field, crop land, and aquaculture land). Since most of the AHs 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 Number of Households by Percentage of Productive Land Affected


Percentage of Productive Land Loss Total

< 10% 10-30%

Bac Ninh Province

Tien Du District

Tri Phuong Commune 28 - 28

Canh Hung Commune 33 - 33

Minh Dao Commune 45 2 47


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Tan Chi Commune 13 8 21

Lac Ve Commune 28 2 30

Que Vo District

Chi Lang Commune 52 5 57

Gia Binh District

Lang Ngam Commune 22 1 23


Mao Dien Commune 11 2 13

An Binh Commune 20 - 20

Tram Lo Commune 20 - 20

Nghia Dao Commune 59 - 59

Hung Yen Province

Van Lam District

Viet Hung Commune 24 - 24

Total 355 20 375


127. In addition, 20 AHs with lost of land from 10% to 30% their productive land will be assisted for economic rehabilitation package: it is 30kg of rice/per/month x 3 months (not relocating).

128. From the survey results within July 2011, there are 120 AHs with their income below the national poverty threshold of 2 Million VND/HH/month, and some AHs belonging to vulnerable groups as follows:

Table 9.2 Number of AHs belonging to vulnerable groups

Vulnerable groups Number of AHs

Poor household 120

Women headed household 132

Elderly household heads 300

Source: PECC3, Aug. 2011.

- 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 AHs, assistance of VND 2,000,000 per household to improve

9.3 Planning for Livelihoods Restoration and Improvement of APs

129. Vocational training: Beside cash allowance for vocational training and job creation, the project will facilitate applications at a training center within or outside the province. Participants will sign a training contract with the DCARCs. The training centers, social organizations of communes will help them identify employment opportunities (but will not be held liable for those participants failing to obtain a job).

130. Agriculture, livestock and others training: The technical assistance team of the district agricultural extension centers will undertake a program of training courses taking


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place twice a year within the villages or communes during two years. Some appropriate technologies should be provided to APs and villages through training courses. The technical assistance team will determine priorities for interest groups:

131. Credit facilitation: DCARCs will establish a multi-annual contract with one of the banks with district presence. It will provide a loan guarantee fund and pay a service fee. In exchange, the bank will manage household savings and recognize all affected households in the project area as creditworthy for micro-loans, except in specific cases. In particular, being poor, disabled, female, illiterate, or there being drug addiction of a household member other than the applicant, will not be a cause of non-access to credit. The Women‟s Unions of communes has experience in managing micro-loan funds and the contract may be partly established with them. Other mass organizations may similarly apply to manage part of the fund. In accordance with best practice, the bank will be in charge of approving the purpose of the loan proposed by the household, and of deciding ceilings, interest rates and duration.

132. Construction employment facilitation: The DRCs will liaise with the contractors to organize local employment as stipulated in the bidding document. Schedules and minimum skill requirements will be planned. Information about job opportunities will be made available in the villages in a form accessible to all. Short pre-employment training courses will be organized.

133. Following the DMS, the DCARCs will organize consultation programs for SAP households. These programs will:

(ii) Interview SAP households individually or in small groups with separate consultations with ethnic minority households and with women who are household heads or members of SAP households;

(iii) Carry out a needs assessment to determine the types of in-kind economic rehabilitation measures, described above, that SAPs feel can best help them to restore their livelihoods and living standards;

(iv) Obtain comments and feedback from SAPs about proposed measures as well as identify further participation of SAPs in the implementation and management of measures.

(v) The results of the consultation program and the economic rehabilitation measures that are identified will be reported in the updated RP to be submitted to the PPC for approval.

134. The DCARCs will coordinate implementation of the economic rehabilitation measures for SAPs with the Women‟s Union, the Youth Union, the Farmers‟ Union and nongovernment organizations and other community organizations and, as required, with government departments and other agencies at the provincial level.


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9.4 Estimated cost of Income Restoration Program

Table 9.3 Estimated cost of income restoration program

Income Restoration Unit Rate

Quantity Amount (VND)

Amount ($)

(SAH)

1 Vocation Training Voucher

SAH 2,000,000 20 40,000,000 1,860

2 Extension Training SAH 1,000,000 20 20,000,000 930

3 IR Planning sessions

SAH 1,000,000 20 20,000,000 930

4

IR Agency Support

lump-sum 50,000,000/ district

250,000,000 11,628

(District/commune)

Total 330,000,000 15,349

10. RESETTLEMENT BUDGET AND FINANCING PLAN

10.1 Legal basis

135. Resettlement cost of the project is based on:

Project policy.

Resettlement cost study (please refer Annex 5).

Current decisions of Bac Ninh and Hung Yen provinces:

Decision No.09/2011/QD-UBND dated Jun.01, 2011 of Hung Yen PPC on policies and procedures on compensation, assistance and resettlement in the event of land recovery by the State in Hung Yen province.

Decision No.161/2010/QD-UBND, dated Dec.23, 2010 of Bac Ninh PPC on unit price of land types in Bac Ninh province.

Decision No.25/2010/QD-UBND, dated Dec.22, 2010 of Hung Yen PPC unit price of land types in Hung Yen province.

Decision No.171/2009/QD-UBND dated Dec.18, 2009 of Bac Ninh PPC on procedures on compensation, assistance and resettlement in the event of land recovery by the State in Bac Ninh province

Decision No.1132/2008/QD-UBND, dated Aug.28, 2008 of Bac Ninh PPC on compensation unit price for houses, structures on land in the event of land recovery by the State.

Decision No.26/2007/QD-UBND, dated May 14, 2007 of Bac Ninh PPC on compensation unit price for trees and crops on land in the event of land recovery by the State.


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Decision No.02/2007/QD-UBND dated Feb.12, 2007 of Hung Yen PPC on procedures on compensation, assistance and resettlement in the event of land recovery by the State in Hung Yen province.

IOL data (please refer Annex 1).

10.2 Compensation unit prices

136. Details of replacement cost survey is mentioned in Annex 5, the following are unit prices in Bac Ninh and Hung Yen provinces:

Table 10.1 Compensation unit prices in Bac Ninh province

No Item Unit

Unit cost according to decision of Bac Ninh

PPC

Proposed replaceme

nt cost

Different factor

between the

replacement cost and the costs issued by province

Remark

1 Land Decision No.1612010/QD-UBND, dated Dec.23, 2010 of Bac Ninh

PPC

Residential land (Tri Phuong commune, Tien Du district)

VND/m2 1.260,000 1,638,000 1,3

Paddy field, annual crop land

VND/m2 50,000 65,000 1,3

2 Main structures (houses) Decision No.1132/2008/QD-UBND, dated Aug.28, 2008 of Bac Ninh PPC


VND/m2 2,232,000 2,232,000 1

3 Trees and crops

Paddy VND/m2 9,000 9,000 1

Annual crops VND/m2 2,000 2,000 1

Eucalyptus VND/tree 40,000 40,000 1

Bamboo VND/tree 20,000 20,000 1

Litchi VND/tree 1,000,000 1,000,000 1

Longan VND/tree 1,000,000 1,000,000 1


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Table 10.2 Compensation unit prices in Hung Yen province

No Item Unit

Unit cost according to decision

of Hung Yen PPC

Proposed replaceme

nt cost

Different factor

between the

replacement cost and the costs issued by province

Remark

1 Land Decision No.25/2010/QD-UBND, dated Dec.22, 2010 of Hung Yen PPC

Van Lam district

Paddy field, annual crop land, aquaculture land

VND/m2 66,000 92,400 1,4

2 Trees and crops

Decision No.02/2007/QD-UBND, dated Feb.02, 2007 of Hung Yen PPC

Paddy VND/m2 3,000 3,000 1

Annual crops VND/m

2 3,000 3,000 1


10.3 Budget and financing plan

137. The Budget for implementation of RP of Bac Ninh 2 – Pho Noi 500/220kV T/L rests with NPT/NPPMB. The NPT/NPPMB will be responsible for channeling funds for the compensation for land acquisition and resettlement to DPCs/DCARBs through the Bac Ninh and Hung Yen PPCs or directly to DPCs. DPCs/DCARBs will be responsible for delivering payment directly to APs with respect to affected land, structures, crops and trees.

138. The RP‟s cost given in this RP is an estimate only. During the RP‟s implementation stage, a full replacement cost survey will need to be conducted by DRCs to ensure that compensation for land and assets are made at replacement costs.

10.4 Total estimated cost for RP implementation

The total cost for resettlement is estimated at US$ 4,492,400. This proposed budget includes compensation and allowances, management cost (2% cost of compensation and allowances), cost of external monitoring, income restoration program and contingency

10.4.1 Cost of compensation and allowances

Table 10.3 Cost of compensation and allowances in Bac Ninh province

No. Components Amount (VND)

Amount (USD)

A COMPENSATION COST 13,933,093,000 679,662

1 Compensation for land 2,483,455,000 121,144

2 Trees and crops 11,449,638,000 558,518

B ALLOWANCES 64,385,727,100 3,140,767


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Amount (USD)

1 Economic rehabilitation package (for severely affected APs, displaced from housing or losing 10 percent or more of their productive land)

75,600,000 3,688

2 Allowances for changing job and creation (according to Decision 171/2010/QD-UBND, it is around 2.5times for acquisition land area)

6,208,637,500 302,860


1,084,600,000 52,907

4 Allowances for houses in ROW 102,993,600 5,024

5 Allowances for land in ROW 56,913,896,000 2,776,288

C SUB-TOTAL 78,318,820,100 3,820,429

Note: please refer to Annex 6 for details.

Table 10.4 Cost of compensation and allowances in Hung Yen province


Amount (USD)

A COMPENSATION COST 353,809,200 17,260

1 Compensation for land 234,511,200 11,440

2 Trees and crops 119,298,000 5,820

B ALLOWANCES 2,887,798,320 140,868

1 Allowances for changing job and creation (according to Decision 09/2011/QD-UBND, it is around 3times for acquisition land area)

711,147,600 34,690


35,400,000 1,727

3 Allowances for land in ROW 2,126,382,720 103,726

4 Allowance for budget of commune level 15,228,000 743

C SUB-TOTAL 3,241,967,520 158,145


Table 10.5 Cost of compensation and allowances of the project

No. Components Amount (VND) Amount (USD)

I COMPENSATION COST (1+2) 14,286,902,200 696,922

1 Compensation for land 2,717,966,200 132,584

2 Trees and crops 11,568,963,000 564,338

II ALLOWANCES (1+...+6) 67,273,885,420 3,281,653


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1 Economic rehabilitation package (for severely affected APs, displaced from housing or losing 10 percent or more of their productive land)

75,600,000 3,688

2 Allowances for changing and creation 6,919,785,100 337,550


1,120,000,000 54,634

4 Allowances for houses in ROW 102,993,600 5,024

5 Allowances for land in ROW 59,040,278,720 2,880,014

6 Allowance for budget of commune level 15,228,000 743

TOTAL 81,560,787,620 3,978,575


10.4.2 Management cost

139. Management cost for Compensation, Assistance and Resettlement Committee is estimated as at 2% in max. of total cost of compensation and assistances.

10.4.3 Cost of external monitoring

140. Cost of the independent external monitoring of RP implementation is estimated as about 200,000,000VND.

10.4.4 Cost of income restoration program

141. Cost of income restoration program is estimated as table 9.3.

10.4.5 Contingency

142. In fact, the cost of compensation and assistance at the time of implementation will arise significantly in comparison with initial estimation by many causes. In order to be enough cost for compensation and assistance, the contingency is proposed as 10%.

10.4.6 Total cost of RP implementation

Table 10.6 Total cost of RP implementation

Components Amount (VND) Amount (VND)

I. Compensation and rehabilitation 81,560,787,620 3,978,575

Compensation for land 2,717,966,200 132,584

Compensation for crops and trees 11,568,936,000 564,338

Allowances 67,273,885,420 3,281,653

II. Management cost = 2%*I 1,631,215,752 79,572

III. External monitoring (estimated) 200,000,000 9,756

IV. Income restoration program 330,000,000 16,098

V. Contingency = 10%*(I+II+III+IV+V)

8,372,200,337 408,400

Total (I+II+III+IV) 92,094,203,710 4,492,400


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11. INSTITUTION ARRANGEMENT

143. 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 RPs. District Compensation, Assistance and Resettlement Committees (DCARCs) will be established at district level according to Decree 197/2004/NĐ-CP and Decree 69/2009/NĐ-CP.

11.1 Institutional features at central level

a. National Power Transmission Corporation (NPT)

144. NPT is the Executing Agency, through NPPMB to manage the resettlement issues. The NPPMB is implementing agency that are mandated for the overall management and supervision of projects funded by Official Development Assistance (ODA). For the management of a particular project, the NPT creates the NPPMB within its organization that is supported by full-time qualified and experienced social safeguard specialist to manage the resettlement related issues.

145. The NPT will:

- Provide overall management and coordination of the project;

- Liaise with IAs to carry out the project;

- Coordinate with ADB in providing resettlement consultant services for the project;

- Support the NPPMB for updating RP of the project;

- Consolidate project progress reports on land acquisition and resettlement submitted by the NPPMB for relevant ministries and ADB; and

- Recruit and supervise the external independent organisation (or consultants) for external resettlement monitoring.

b. Northern Power Project Management Board (NPPMB)

- Actively participate in the RP updating and implementation activities in collaboration with the concerned organization at the Province, District and Commune levels;

- Liaise with the Province People‟s Committee (PPC) to facilitate the establishment of the CARB at the provincial/city and district levels.

- Provide an orientation, to the concerned People‟s Committees of the province/city, districts, and communes, the CARB and related groups on the project, its Resettlement Policy, process flow, and on the specific tasks of these groups relative to the updating and implementation of the district-level RP;

- 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 AHs and other stakeholders;

- Monitor grievances related to the project and calls the attention of concerned government offices where complaints have remained outstanding beyond prescribed action periods;

- 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;

- 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


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11.2 Institutional features at provincial level

146. 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 project-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) authorising the DPC to apply coercion to cases of deliberately failing to abide by the State‟s land recovery decisions; and (viii) responsible for the resettlement budget.

11.3 District and commune levels

147. 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 DCARC; (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) assist in 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 DCARC that will appraise the compensation and assistance to APs; as well as (xi) the provisions of lands to APs.

148. District Compensation and Resettlement Committee: The responsibilities of the DCARC 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 PECC3 in the timely delivery of compensation payment and other entitlements to APs; and (vi) assist in the resolution of complaints and grievances:

- The dissemination of the Public Information Booklet and other publicity material; ensuring that APs are aware of the LAR process.

- Planning and carrying out the DMS and the disbursement of compensation payments.

- The identification of severely affected and vulnerable APs and the planning and implementation of rehabilitation measures for these APs.

- Help identify any resettlement sites and new farming land for APs who cannot remain in their present location.

- Assist in the resolution of AP grievances.

- Facilitate the work of the agency appointed to undertake the external monitoring.

149. Commune People’s Committee: The CPCs will assist the NPPMB and the DCARs 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.


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12. IMPLEMENTATION SCHEDULE

150. The implementation schedule must ensure the synchronized linkage between RP implementation and commencement of civil work i.e. the appropriate compensation schedule and construction schedule. The compensation payment shall be completed prior to the commencement of the relevant project components.

151. The proposed RP implementation schedule is as follows:

Table 12.1 Implementation Schedule for the Entire Project

Resettlement Implementation activities in brief Tentative schedule

RP Preparation Jan 2011 – Aug 2011

ADB Approval of Draft RP, Sep 2011

Disclosure RP to local authorities and APs Sep 2011

Start DMS and RP Updating after loan negotiation Dec 2011

Submission and ADB Approval of Updated RP March 2012

Disclosure updated RP to local authorities and APs March 2012

Implementation of Updated RP March – June 2012

Construction of relocation site March - June 2012

Start Construction of sub-project Jan 2013

Implementation of Income Restoration Program 2012 -2014

Internal Monitoring (Submission of Quarterly Progress Reports)

Jan – Dec 2012 onwards

External Monitoring (intermittent) March 2012 – 2013 onwards


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13. MONITORING AND REPORTING

152. The implementation of resettlement will be monitored regularly to help ensure that the RP is implemented as planned and that mitigating measures designed to address adverse social impacts are adequate and effective. Towards this end, resettlement monitoring will be done by an internal body and by an external organization.

13.1 Monitoring and reporting

153. The Project 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 RPs. 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 project.

154. The objectives of the monitoring and evaluation programme 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

155. The NPPMB will conduct the internal monitoring of RP implementation for NPT to identify as soon 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 every quarter.

156. 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:

- Payment of compensation to all APs in various categories, according to the compensation policy described in the RP.

- Delivery of technical assistance, relocation, payment of subsistence and moving allowances.

- Delivery of income restoration and social support entitlements.

- Public information dissemination and consultation procedures.

- Adherence to grievance procedures and outstanding issues requiring management‟s attention.

- Priority of APs regarding the options offered.

- Coordination and completion of resettlement activities and award of civil works contract

- The NPT will incorporate the status of RP implementation in the overall Project progress report to ADB.

13.3 External Monitoring

157. 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


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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.

158. The NPT will retain the services of an external entity or institute as the qualified experienced external monitoring agency (EMA) to undertake objective monitoring and evaluation of RPs implementation of project in two provinces.

159. The following indicators will be monitored, upon approval of this RP, and evaluated by the EMA.

- 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.

- 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.

- 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 project, or on newly assigned plots.

- Provision of income restoration assistance under the income restoration programme.

- 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.

- Affected persons should be monitored regarding restoration of productive activities.

- 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.

- 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.

160. The EMA shall submit quarterly reports to the NPT. One post-project assessment survey will be undertaken by the EMA within 6 to 12 months after completion of compensation and resettlement activities.


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Annexes

Annex 1: Inventory of Project Affected Persons and resettlement impact (separate file)

Annex 2: Location map and route (separate file)

Annex 3: Project information booklet (PIB)

Annex 4: Consultation meetings documentation (separate file)

Annex 5: Replacement cost study

Annex 6: Detailed cost of compensation and allowances of the project

Annex 7: Photos (separate file)


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ANNEX 1

Inventory of Project Affected Persons and resettlement impact

(attached file)


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ANNEX 2

Location map and route of sub-project

(attached file)


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ANNEX 3

Public Information Brochure (PIB)

Question 1: What is the ADB Guarantee Project? Answer: ADB Guarantee is to help EVN mobilize long-term and competitive funding from commercial banks to sustain the GOVs initiatives reducting the cost of electricity and improve the reliability of the electricity supply so as to promote economic growth and improve the living standard of the poor. The Bac Ninh 2 - Pho Noi 500/220kV transmission line is one of projects that NPPMB is requesting for financing within the the ADB Guarantee Project. Question 2: how will the ADB Guarantee Project affect the local population? Answer: The development of new transmission line will/may require some land acquisition. However, their design will attempt to avoid or at least to minimize the negative impacts on households and communities. The final location of TL‟s alignments will be selected after public consultations have been carried out. If land acquisition is necessary, the Project affected people will be properly compensated for their affected land, houses, structures, crops and/or trees. Relocation and income restoration assistance will also be provided to Affected Persons (APs) who will be severely affected by the Project. Details are included in a Resettlement Plan that is available at your commune office. Please also refer to other relevant Public Information Brochures. Question 3: What is the main objective of resettlement plan? Answer: The main objective of the Resettlement Plan is to ensure that all Affected Persons will be at least as well-off, if not better-off, than they would have been in the absence of the Project. Question 4: What if my land is affected by the project? Answer: If land is available, your affected land will be replaced with land of equal area and productive capacity and at a location suitable and acceptable to you; or if, after being fully informed about your options, you prefer cash, compensation can be paid in cash at replacement value at current market prices, or a compensation partly in cash and partly in land might be possible. Question 5: Do we need to have a land title in the order to be compensated? Answer: No, lack of formal legal rights to land does not prevent any Affected Persons (APs) from receiving compensation or assistance measures. Those APs who possess a land use rights certificate (LURC) or any other form of written or verbal agreement to utilize the land are entitled to compensation for the lost land as well as assets on the land. Those APs who do not have legal/legalizable or temporary/lease rights for land will still be compensated for the assets on the land, such as any structures, crops and trees. Question 6: Is the compensation applied for affected houses and structures? Answer: Yes. Compensation will be applied for all affected assets including houses, shops and other structures as well as other fixed assets at replacement value at


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current market prices (including material and labour) without any deductions for building depreciation or salvageable building materials. This will ensure that the Affected Persons are able to reconstruct houses and other structures of better or at least the same quality as before. Question 7: What about affected crops and trees? Answer: Affected crops, fruit and timber trees and tree fences will be compensated in cash at current market prices. Compensation for non-harvested crops will be based on the average production in the past 3 years multiplied by current market prices. Compensation for trees will be based on the type, age and productivity of trees. A Replacement Cost Survey will be conducted during detailed design of the Project to establish market prices for compensation. If there are delays in paying compensation, prices will be updated to take inflation into consideration. Question 8: Besides the compensation, how can the project help? Answer: In addition to compensation for loss of land and other assets, the Project will provide rehabilitation assistance to eligible Affected Persons (APs) to ensure that their standard of living is maintained or improved after the Project. Eligible APs for rehabilitation assistance include: Severely affected households: Households that lose more than 10% of their total productive landholdings will receive an economic rehabilitation package in accordance with provisions of Decree 69/2009/CP. Households that relocate: Households that must relocate to new residential land will receive a transition subsistence allowance equivalent to 30kg of rice per person per month for six months for during transition; if have to be relocated, or for 3 months if have to rebuild main house on the remaining land behind; a transportation allowance of between VND 1,000,000 and 5,000,000 in cash or assistance from the District Resettlement Committee; and, an incentive bonus not exccedding VND 5,000,000 if APs demolish their affected houses or structures in a timely manner. Business owners that lose income while they relocate or rebuild their shops/businesses: Households with small, unregistered businesses will receive cash compensation equal to the provincial minimum wage for tree months. Owners of registered businesses will receive cash compensation at maximum equal to 30% of their after-tax annual revenue as provided by7 Decree 69/2009/CP. Employees and hired labourers who lose their jobs: will receive cash compensation for lost salary/wages for each month they cannot work, if the loss is temporary; or, if the loss is permanent, cash compensation equivalent to the provincial minimum wage for six months or cash compensation for remaining contract period whichever is higher. Question 9: does that mean that anybody in our community can claim for compensation? Answer: No. Entitled Affected Persons (APs) are those persons or households that are surveyed during the detailed measurement survey (DMS) activities. The APs and local authorities will be informed of the cut-off date (the date of DMS) for the sub-project. Anyone moving into the Project area after cut-off date will not be entitled to compensation and assistance under the Project. Question 10: What if I have been told to move but was not included in the survey?


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Answer: During the detailed design of the Project, some minor changes may occur. This could affect the results of original inventory of losses. These APs will be entitled to the same compensation as all other APs. Once the actual position and alignment of the road are known, a detailed measurement survey (DMS) will be conducted in the presence of APs to inventory the losses for compensation and rehabilitation. Question 11: How will APs be consulted and informed? Answer: A consultation and public information program will be organized in your commune to ensure that APs receive complete and timely information about the Project. APs will be provided information on project components, impacts, their rights and entitlements, grievance mechanism, rights of participation and consultation, resettlement activities, responsibilities of institutions and implementation schedule. APs will participate in resettlement planning and implementation and they will also be consulted on the following issues: a) resettlement options according to their entitlement, b) training and training preferences in current or new occupations, c) other project aspects. This program will enable the Project to design the resettlement and rehabilitation program to meet the needs of APs, and help APs to make informed decisions about compensation and relocation. Consultations with APs and local authorities will reduce the potential for conflicts and minimize the risk of project delays, and maximize the economic and social benefits of the Project. Question 12: If there are any disagreements or problems about land acquisition, compensation or other general disputes during project implementation, do APs have the right to voice their complaints? Answer: Yes, Affected Persons (APs) can voice their complaints (in verbal or written form) to responsible local authorities and resettlement committees. Their complaints can be filed first at the ward or commune level, and can be elevated to the district and provincial level and taken to district court if the APs are not satisfied with the decision of lower levels. APs will be exempted from all taxes, administrative and legal fees. All complaints of APs on any aspect of land acquisition, compensation, resettlement and implementation will be addressed in a timely and satisfactory manner. Question 13: as a resident in the project area, how can I help? Answer: We would like you to participate in all consultation meetings and other project related activities in order to ensure that you are fully informed and consulted. Your active participation during the detailed measurement survey (DMS) and implementation will allow us to determine measures to mitigate impacts, to identify problems or potentials problems and to identify ways of responding immediately to solve these problems. Question 14: How will you know if the objectives of this project are met? Answer: NPPMB will ensure internal monitoring all Project activities. In addition, NPPMB will engage an independent external monitoring agency to conduct external monitoring of resettlement activities during Project implementation. Every 6 months, the independent monitoring agency will submit a report to NPPMB and ADB on resettlement implementation progress. A post-resettlement impact evaluation will assess whether negative impacts have been mitigated adequately and pre-project standards of living of APs have been restored as a result of resettlement and the Project.

FOR FURTHER INFORMATION AND SUGGESTIONS –


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Please contact the PCARCs, NPPMB, DCARCs where you live:

1. Provincial Compensation, Assistance and Resettlement Committee (PCARC), Address:............................................................................................................................... Person in charge:.......................................................Tel..................................................... 2. Project Management Board (PMB)s: Address................................................................................................................................ Person in charge:.......................................................Tel..................................................... 3. District Compensation, Assistance Resettlement Committee (DCARC) of ... District; Address:.............................................................................. Person in charge:.......................................................Tel.....................................................


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ANNEX 4

Consultation meetings documentation

(attached file)


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ANNEX 5

Replacement cost study report

1. Objective

Based on the land law 2003, Decrees and Circulars related to compensation when the GoV acquires land for the purposes of national, defense, public benefits and economic development, the compensation for the affected assets are applied with the unit costs which enacted by local authorities based on the price frame set forth in the Decree 123/2007/ND-CP (controlled by ceiling and floor costs). The Replacement Cost Study is conducted to establish compensation rates for the various types of the project affected properties in order to estimate the cost for compensation as required by the International Banks in their involuntary resettlement policy. In the implementation phase of RP, further detailed survey for may different affected assets and further steps need to be done in order to get the replacement costs updated and approved by the provincial authorities and then to be used for calculating the compensation package for each affected household.

The main tasks of the studied team are to carry out the replacement cost survey for the affected land and non-land assets, including (i) costs for the different land types (residential land, agricultural land, fishpond land etc); (ii) Costs for buildings and other popular substructures; (iii) costs for trees, annual crops; and (iv) cost for labour, construction materials in the project localities etc.

2. Principle of the replacement costs

Replacement cost is the amount needed to replace for the affected assets without deduction for taxes and/or costs of transaction and as follows:

- Productive Land (agricultural and aquaculture) based on current market prices that reflect recent land sales in the project area or, in the absence of such recent sales, based on recent sales in adjacent or other locations with comparable attributes, or in the absence of such sales, based on productive value;

- Residential land based on current market prices that reflect recent land sales or, in the absence of such recent land sales, based on prices of recent sales in other locations with comparable attributes;

- Houses based on current market prices of materials and labor without depreciation nor deduction for salvaged building materials;

- Annual crops equivalent to the prevailing market value of crops at the time of compensation;

- Perennial crops, cash compensation equivalent to their current market value given the type, age and productive value (future production) at the time of compensation.

- Timber trees based on the type and breast height at current market prices.

3. Process and Survey Methodology

To do the survey for the replacement values and to give comments, comparison between the results of survey and the compensation unit costs which enacted by Bac Ninh and Hung Yen provinces, the survey teams used the methodology and carried out for the following works at the project localities and at the project sites.

- 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 developlemnts such as Land law 2003; Decrees No.197/2004/ND-CP; 123/2007/ND-CP; amending Decree No.188/2004/ND-CP, dated Nov.16 2004; Circulars


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116 and 114/2004 of MOF; Decree 84/2007 and Decree 69/2009 on price determination method and price frame for different kinds of land as well as the policies on compensation and resettlement assistance of Bac Ninh and Hung Yen provinces.

- Meetings with stakeholders such as DOF of Bac Ninh and Hung Yen provinces to discuss about the legal framework, principle, methodologies and process which the province applied to determine for the unit cost of assets (land and non-land assets). The team also interview and obtained the comments from the above mentioned departments of the province and districts about the current costs which are using to compensate for the project affected persons in the province.

- Interview local (provincial, district and commune) officials, local people on the current market rates of land in the project area (in the affected communes) as per record of recent sale transactions. If there is no or not active market for non-residential land in the project communes, based on other project in the project area.

- Propose for the unit costs for compensating fixed assets (land, structures, and perennial and annual crops) that would be affected by the project.

Please refer to Annex 5 for minutes of meetings and List of contacted persons/ Institutions

The results of survey are given as in tables below.


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Table 10.1 Compensation unit prices in Bac Ninh province

No Item Unit

Unit cost according to decision of Bac Ninh

PPC

Proposed replacement

cost

Different factor

between the replacement cost and the costs issued by province

Remark

1 Land Decision No.1612010/QD-UBND, dated Dec.23, 2010 of Bac Ninh PPC

Residential land (Tri Phuong commune, Tien Du district)

VND/m2 1.260,000 1,638,000 1,3

Paddy field, annual crop land VND/m2 50,000 65,000 1,3

2 Main structures (houses) Decision No.1132/2008/QD-UBND, dated Aug.28, 2008 of Bac Ninh PPC


VND/m2 2,232,000 2,232,000 1

3 Trees and crops

Paddy VND/m2 9,000 9,000 1

Annual crops VND/m2 2,000 2,000 1


Bamboo VND/tree 20,000 20,000 1

Litchi VND/tree 1,000,000 1,000,000 1

Longan VND/tree 1,000,000 1,000,000 1

Table 10.2 Compensation unit prices in Hung Yen province

No Item Unit

Unit cost according to decision of Hung Yen

PPC

Proposed replacement

cost

Different factor

between the replacement cost and the costs issued by province

Remark

1 Land Decision No.25/2010/QD-UBND, dated Dec.22, 2010 of Hung Yen PPC

Van Lam district

Paddy field, annual crop land, aquaculture land

VND/m

2

66,000 92,400 1,4

2 Trees and crops

Decision No.02/2007/QD-UBND, dated Feb.02, 2007 of Hung Yen PPC

Paddy VND/

m2

3,000 3,000 1

Annual crops VND/

m2

3,000 3,000 1

Eucalyptus VND/t

ree 50,000 50,000 1


77

ANNEX 6

Detailed cost of compensation and allowances of the project

No. Components Unit Quantity Unit price (VND)

Amount (VND)

Amount (USD)

A COMPENSATION COST (1+2) 13,933,093,000 679,662

1 Compensation for land (1.1+1.2)

2,438,455,000 121,144

1.2 Paddy field, Annual crop land m2 38,207 65,000 2,438,455,000 121,144

2 Trees and crops 11,449,638,000 558,518

2.1 Paddy m2 1,070,242 9,000 9,632,178,000 469,862

2.2 Annual crops m2 12,160 2,000 24,320,000 1,186

2.3 Eucalyptus Tree 9,559 40,000 382,360,000 18,652

2.4 Bamboo Tree 2,989 20,000 59,780,000 2,916

2.5 Litchi Tree 1,293 1,000,000 1,293,000,000 63,073

2.6 Longan Tree 58 1,000,000 58,000,000 2,829

B ALLOWANCES (1+…+8) 62,773,600,300 3,062,126

1

Economic rehabilitation package (for severely affected APs, displaced from housing or losing 10 percent or more of their productive land)

75,600,000 3,688

Losing from 10 to 30% of agricultural land holding (30kg of rice/per/month x 3 months x 10,000VND/kg of rice)

Per. 84 900,000 75,600,000 3,688

2

Allowances for changing job and creation (according to Decision 171/2010/QD-UBND, it is around 2.5times for acquisition land area)

m2 38,207 162,500 6,208,637,500 302,860


1,084,600,000 52,907

3.1 Women headed household HH 127 2,000,000 254,000,000 12,390

3.2 Severely affected household HH 20 2,000,000 40,000,000 1,951

3.3 Elderly household heads HH 290 2,000,000 580,226,000 28,304

3.4 Poor household (30kg of rice/per/month x 6 months x 10,000VND/kg of rice)

Per. 117 1,800,000 210,600,000 10,273

4 Allowances for houses in ROW

102,993,600 5,024

4.1 Allowance for installing fireproof materials and lightning arrestors

Unit 2 1,500,000 3,000,000 146


78


Amount (VND)

Amount (USD)

(houses Grade 4)

4.2

Allowance due to restricted usability and impacts on daily-life activities (according to GOV Decree No.81/2009/ND-CP, it is ≤ 70% value of house)

Houses Grade 4 m 2 64 1,562,400 99,993,600 4,878

5 Allowances for land in ROW (8.1+8.2)

56,913,896,000 2,776,288

5.1

Allowance for residential land in ROW (according to GOV Decree No.81/2009/ND-CP, it is ≤ 80% compensation unit price)

m2 480 1,310,400 628,992,000 30,683

5.2

Allowance for paddy field and annal crop land in ROW (according to GOV Decree No.81/2009/ND-CP, it is ≤ 80% compensation unit price)

m2 1,082,402 52,000 56,284,904,000 2,745,605

C SUB-TOTAL 78,318,820,100 3,820,429

Table 10.4 Cost of compensation and allowances in Hung Yen province


Amount (VND)

Amount (USD)

A COMPENSATION COST (1+2) 353,809,200 17,260

1 Compensation for land (1.1+1.2)

234,511,200 11,440

1.1 Paddy field, Annual crop land m2 2,538 92,400 234,511,200 11,440

2 Trees and crops 119,298,000 5,820

2.1 Paddy m2 28,766 3,000 86,298,000 4,210

2.2 Eucalyptus Tree 660 50,000 33,000,000 1,610

B ALLOWANCES 2,888,158,320 140,886

1 Allowances for changing job and creation (according to Decision 09/2011/QD-UBND)

711,147,600 34,690

1.1

Allowance cash for permanently acquired paddy and crop land (it is around 3times of land unit price for acquisition land area)

m2 2,538 277,200 703,533,600 34,319

1.2

Allowance for training and finding occupation (3,000VND/m

2 for acquisition

land area)

m2 2,538 3,000 7,614,000 371


35,400,000 1,727

2.1 Women headed household HH 5 2,000,000 10,000,000 488


79


Amount (VND)

Amount (USD)

2.2 Elderly household heads HH 10 2,000,000 20,000,000 976

2.3 Poor household (30kg of rice/per/month x 6 months x 10,000VND/kg of rice)

Per. 3 1,800,000 5,400,000 263

3 Allowances for land in ROW 2,126,382,720 103,726

Allowance for paddy field and annual crop land in ROW (according to GOV Decree No.81/2009/ND-CP, it is ≤ 80% compensation unit price)

m2 28,766 73,920 2,126,382,720 103,726

4 Allowance for budget of commune level

m2 2,538 6,000 15,228,000 743

C SUB-TOTAL 3,241,967,520 158,145


80

ANNEX 7

Photos (Attached file)

draft rp: viet nam: resettlement plan for bac ninh …...project number: 42497 - 013 august 2011...

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