for upload urp 500kv my tho duc hoa tl ben luc districtthe ahs will be informed of the cut-off date...

Resettlement Plan Project No. 42039-036 Loan No. 3374 March 2019

VIE: Power Transmission Investment Program - Tranche 3 - 500 kV My Tho- Duc Hoa Transmission Line Long An Province Segment – Ben Luc District

Prepared by Southern Vietnam Power Project Management Board (SPMB) for Asian Development Bank (ADB).

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CURRENCY EQUIVALENTS (as of October 2018)

USD $ 1 = VND 22,745

ELECTRICAL TERMINOLOGY kV (kilovolt) 1,000 volts MW (Megawatt) 1,000 kW MVA (Megavolt-ampere) 1,000 kVA Transmission System 500 kV, 220 kV, 110 kV lines Medium Voltage Distribution (MV) 35 kV, 22 kV or 10 kV lines supplying distribution

substations Low Voltage Distribution (LV) 400/230 V distribution and service lines Load Factor Ratio of average power demand to maximum power

demand Electrical Losses Difference between energy delivered and energy sent

out

REMARKS In this report, "$" refers to US dollars.

This updated resettlement plan 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. Your attention is directed to the “Definition of Terms” section of

this document.

In preparing any country program or strategy, financing any project, or by making any

designation of or reference to a particular territory or geographic area in this document, the

ADB does not intend to make any judgments as to the legal or other status of any territory or

area.

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ACRONYMS AND ABBREVIATIONS

ADB - Asian Development Bank AHs - affected households APs - affected persons CPC - Commune People’s Committee DCARB - District Compensation, Assistance and Resettlement Board DMS - detailed measurement survey DPC - District Peoples Committee DPs - displaced persons EA - executing agency EMA - external monitoring agency GOV - Government of Viet Nam HHs - households IA - implementing agency IOL - inventory of losses km - kilometer kV - kilovolt LURC - land uses right certificate MOC - Ministry of Construction MOLISA - Ministry of Labor, Invalid and Social Affairs MONRE - Ministry of Natural Resources and Environment m² - square meter MFF - multi-tranche financing facility NPT - National Power Transmission Corporation PECC3 - Power Engineering Consulting Joint Stock Company 3 PIB - Public Information Booklet PICs - Project Implementation Consultants PMU - project management unit PPC - Provincial People’s Committee RCS - replacement cost study ROW - right-of-way RP - resettlement plan SPMB - Southern Vietnam Power Project Management Board SES - socioeconomic survey SPS - Safeguard Policy Statements SR2 - Safeguard Requirements 2 (in SPS) TA - technical assistance TL - transmission line VND - Vietnam Dong (Vietnamese Currency)

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TABLE OF CONTENTS

ACRONYMS AND ABBREVIATIONS .................................................................................. iii TABLE OF CONTENTS ....................................................................................................... iv LIST OF TABLES ................................................................................................................ vii LIST OF FIGURES .............................................................................................................. vii 1. EXECUTIVE SUMMARY .............................................................................................. 11

1.1. Background ........................................................................................................... 11

1.2. Scope of Resettlement Impacts ............................................................................ 12

1.3. Socioeconomic Information on the AHs ................................................................. 12

1.4. Information Disclosure, Consultation, and Participation ......................................... 13

1.5. Grievance Redress Mechanism ............................................................................. 13

1.6. Legal Framework ................................................................................................... 13

1.7. Entitlements, Assistance, and Benefits .................................................................. 14

1.8. Relocation of Housing and Settlement ................................................................... 14

1.9. Income Restoration ................................................................................................ 14

1.10. Resettlement Budget and Financing Plan........................................................... 14

1.11. Institutional Arrangement ................................................................................... 14

1.12. Implementation Schedule ................................................................................... 15

1.13. Monitoring and Reporting ................................................................................... 15

2. INTRODUCTION .......................................................................................................... 16 2.1. Project Background ............................................................................................... 16

2.2. Description of the Subproject 500 kV My Tho – Duc Hoa TL ................................. 16

2.3. Measures Undertaken to Minimize Subproject Impacts ......................................... 20

3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT .......................................... 21 3.1. Impacts on Lands .................................................................................................. 21

3.1.1. Permanently acquired land for tower foundations ........................................... 21

3.1.2. Affected land in the TL ROW .......................................................................... 22

3.2. Affected structures ................................................................................................. 23

3.2.1 Affected Main structures ................................................................................. 23

3.2.2 Affected secondary structures ........................................................................ 23

3.3. Affected trees and crops ........................................................................................ 24

3.3.1. Affected trees ................................................................................................. 24

3.3.2. Affected crops ................................................................................................. 24

3.4. Affected Shops ...................................................................................................... 24

3.5. Severely Affected Households .............................................................................. 25

3.6. Temporary Impacts ............................................................................................... 25

3.7. Summary of Impacts .............................................................................................. 25

4. SOCIOECONOMIC PROFILE ...................................................................................... 26 4.1. General Socioeconomic Information of the subproject Area ................................... 26

4.1.1. Location, political subdivision and population count ........................................ 26

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4.1.2. Income sources and poverty incidence ........................................................... 26

4.1.3. Access to social services ................................................................................ 27

4.2. Socio-economic Information on the AHs ............................................................... 27

4.2.1. Gender and age of AH heads and members of the AHs ................................. 27

4.2.2. Level of education .......................................................................................... 27

4.2.3. Monthly incomes ............................................................................................. 28

4.2.4. Water and sanitation ....................................................................................... 28

4.2.5. Energy for lighting and cooking ....................................................................... 28

4.2.6. Vulnerable households ................................................................................... 28

4.2.7. Gender issues ................................................................................................ 28

5. CONSULTATION, PARTICIPATION AND DISCLOSURE ........................................... 29 5.1. Objectives of Information Disclosure and Public Consultation ................................ 29

5.2. Stages of Participatory Consultation ...................................................................... 29

5.3. Information Disclosure and Public Consultation During Project Preparation........... 31

5.3.1. Information Disclosure and Public Consultation during RP Preparation .......... 31

5.3.2. Information Dissemination before ADB Approval of draft RP .......................... 32

5.4. Public Consultation During Project Implementation ................................................ 33

5.4.1. Public Consultation and Participation in the process of updating RP ..... 33

5.4.2. Public consultation and participation in implementation and monitoring of

uRP 35

6. GRIEVANCE REDRESS MECHANISM ....................................................................... 36 7. LEGAL AND POLICY FRAMEWORK .......................................................................... 38

7.1. ADB Policies ........................................................................................................ 38

7.2. Compensation and Resettlement Policy of the Government of Viet Nam ....... 38

7.5.1. Eligibility ......................................................................................................... 51

7.5.2. Entitlements .................................................................................................... 51

8. INCOME RESTORATION PROGRAM ......................................................................... 58 8.1. Defining Program Participants ........................................................................... 58

8.2. Needs Assessment .............................................................................................. 58

8.3. Proposed Potential Income Restoration Program ............................................. 58

8.4. The Funding for the IRP ...................................................................................... 59

8.5. The organization and coordination in the implementation of IRP .................... 60

9. RESETTLEMENT BUDGET AND FINANCING PLAN ................................................. 62 8.1. Compensation and Allowances of AHs .................................................................. 62

8.2. Procedures for flow of funds .................................................................................. 64

8.3. Cost estimates and inflation adjustment ................................................................. 64

8.4. Implementation, administration and contingency costs .......................................... 65

8.5. Estimated cost of resettlement ............................................................................... 65

10. INSTITUTIONAL ARRANGEMENTS ........................................................................... 67 9.1. Central Level ......................................................................................................... 67

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9.2. Provincial Level ..................................................................................................... 67

9.3. District and Commune Levels ................................................................................ 68

9.4. Project Implementation Consultants ...................................................................... 68

9.5. Implementation Schedule of Resettlement ............................................................. 68

11. MONITORING AND REPORTING ................................................................................ 70 11.1. Monitoring and Reporting ................................................................................ 70

11.2. Internal Monitoring ........................................................................................... 70

11.3. External Monitoring.......................................................................................... 70

Annex 1. SES Questionnaire ......................................................................................... 72

Annex 2. Master List of AHs .......................................................................................... 76

Annex 3. Public Consultation Meeting Minutes .......................................................... 77

Annex 4. Working minute with the Construction unit ................................................ 109

Annex 5. Project Information Brochure ...................................................................... 112

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LIST OF TABLES

Table 1: Length of Sections of the 500 kV My Tho- Duc Hoa TL in Long An Province ......... 17

Table 2: Features of Long An Province Segment of the Subproject TL ................................ 17

Table 3. Scope of the project in Ben Luc district, Long An Province ..................................... 18

Table 4. Number of PAHs by category ................................................................................. 21

Table 5. Permanently Acquired Land for Tower Foundation................................................. 22

Table 6. AHs by Severity of Land Loss to Tower Foundations ............................................. 22

Table 7: Area (m2) of Affected Lands in TL ROW by Use ..................................................... 22

Table 8: Number and Area of Affected Houses ....................... Error! Bookmark not defined.

Table 9. Impacts on Secondary Structures .......................................................................... 23

Table 10. Number and Type of Affected Trees..................................................................... 24

Table 11. Scope of land acquisition and summary of impacts .............................................. 25

Table 12: Area and population of Long An and its districts in the project area, 2016 ............ 26

Table 13: Poverty Incidence in the Subproject Communes, 2017 ........................................ 27

Table 14: Surveyed AHs by Commune ................................................................................ 27

Table 15. Roles of Key Stakeholders in RP Preparation and Implementation ...................... 30

Table 16. Dates of Public Meetings and Consultations during the RP Preparation ............... 31

Table 17. Highlights of Public Consultations ........................................................................ 32

Table 18. Dates of Public Meetings and Consultations during the RP Updating ................... 34

Table 19. Highlights of Public Consultations ........................................................................ 34

Table 20: Gap Analysis: 2013 Land Law and Decree 47/2014/ND-CP and ADB 2009 SPS . 42

Table 21: Entitlement Matrix ................................................................................................ 52

Table 22. Proposed Compensation Rates Applied to the Subproject ................................... 62

Table 23. Cost Estimates for the Updated Resettlement Plan Implementation ..................... 65

Table 24: Project implementation schedule .......................................................................... 69

LIST OF FIGURES

Figure 1: Route of 500 kV My Tho- Duc Hoa TL .................................................................. 19

Figure 2. Models of suspension and tension towers of the Project ....................................... 20

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DEFINITION OF TERMS

Affected household (AH)

- Means any household, person, firm, private or public institution that, on account of changes resulting from the Subproject, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest, salt mining 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. In the case of a household, the term DP includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a subproject or any of its components.

Cut-off date - Coincides with the date of the start of the detailed measurement survey (DMS) of affected assets. The AHs will be informed of the cut-off date for each subproject component, and any people who settle in the subproject area after the cut-off date will not be entitled to compensation and assistance under the subproject.

Detailed Measurement Survey (DMS)

-

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 DPs earlier done during RP or REMDP preparation. The final cost of resettlement can be determined following completion of the DMS.

Displaced persons (DPs)

- In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (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.

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

Eligibility - Means any person who has settled in the subproject area before the cut-off date that suffers from (i) loss of shelter, (ii) loss of assets or ability to access such assets, permanently or temporarily, or (iii) loss of income sources or livelihood, regardless of relocation ... will be entitled to compensation and/or assistance.

Ethnic minority (EM)/ indigenous people (IP)

- The term ethnic minority or indigenous people is used generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories;(iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and

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culture; and(iv) a distinct language, often different from the official language of the country or region.In the case of Viet Nam, there is a high degree of consistency between the Vietnamese definition of ethnic minorities and ADB’s definition of Indigenous People. The main point of divergence is that, in the case of ADB’s policy, a group that has lost collective attachment to geographically distinct habitats or ancestral territories in the project area because of forced severance remains eligible for coverage. National legislation, customary law, and any international conventions to which Viet Nam is a party are taken into account for application of the ADB policy.

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

Income restoration program

- A program designed with various activities that aim to support affected persons to recover their income / livelihood to pre-subproject levels. The program is designed to address the specific needs of the affected persons based on the socio-economic survey and consultations.

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 subproject 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 DPs 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.

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

Rehabilitation - This refers to additional support provided to AHs/DPs 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.

Relocation - This is the physical relocation of an AH/DP from its pre-project place of residence and/or business.

Replacement cost - The term used to determine the value enough to replace affected assets and/or cover transaction costs necessary to

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replace the affected assets without depreciation for such assets as well as material advantage, taxes and/or travel expenses.

Replacement cost study

- This refers to the process involved in determining replacement costs of affected assets based on empirical data.

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. This includes all measures taken to mitigate any and all adverse impacts of a subproject on DP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed.

Resettlement plan (RP)

- This is a time-bound action plan with budget setting out compensation and resettlement strategies, objectives, entitlements, actions, responsibilities, monitoring and evaluation.

Severely affected household

- 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 subproject.

Vulnerable group - 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 with dependents, (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, (v) landless households, and (vi) indigenous people or ethnic minorities.

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1. EXECUTIVE SUMMARY

1.1. Background

1. The Asian Development Bank (ADB) on 16 December 2011 approved a multi-tranche financing facility (MFF) in the amount of $730 million for the Power Transmission Investment Program (PTIP). The Vietnam Electricity National Power Transmission Corporation (NPT) is the executing agency (EA), while the Southern Power Project Management Board (SPMB) is the implementing agency (IA). ADB approved Tranche 1 in December 2011 and Tranche 2 in November 2012, and Tranche 3 in December 2015. Nine subprojects are included in Tranche 3, namely, the installation of a second transformer bank each for the (i) 220 kV Duc Hoa Substation (SS), (ii) 500 kV Cau Bong SS, (iii) 220 kV Tra Vinh SS, (iv) 220 kV Uyen Hung SS, and (v) 220 kV Vung Tau SS; construction of new transmission lines that include the 220 kV Binh Long – Tay Ninh Transmission Line (TL) and the 500 kV My Tho – Duc Hoa TL; and construction of new substations that include the 500 kV Chon Thanh SS and the 500 kV Duc Hoa SS and Connections.

2. With the exception of the 220 kV Vung Tàu SS1, the installation of a second transformer bank in each of the 4 other substations (i.e., 220 kV Duc Hoa SS, 500 kV Cau Bong SS, 220 kV Tra Vinh SS, and 220 kV Uyen Hung SS) will not involve land acquisition; the second transformer banks will be installed inside the compound of these existing substations. Notwithstanding that no land acquisition will be involved in the installation of second transformer banks in the 4 existing substations, a due diligence review (DDR) of each of the 4 existing substations was carried out in March 2015. Per ADB safeguards policy, each existing substation is an “associated facility”2 of the proposed subproject installation of a “Second Transformer Bank” thereat. The objectives of the DDR were to (i) look into how government carried out land acquisition when the substations were constructed, and (ii) prepare a corrective action plan (CAP), as needed, that outlines the remedial actions that government would undertake to make land acquisition carried earlier consistent with the resettlement policy of PTIP.3 (See Chapter VII for a detailed discussion of the PTIP resettlement policy).

3. Land acquisition will be involved in the construction of the 220 kV Binh Long – Tay Ninh TL and the 500 kV My Tho – Duc Hoa TL, and in the construction of the 500 kV Chon Thanh SS and the 500 kV Duc Hoa SS and Connections. Therefore, an RP is required each for the 500 kV My Tho – Duc Hoa TL, the 500 kV Chon Thanh SS, and the 500 kV Duc Hoa SS and Connections. A resettlement and ethnic minority development plan (REMDP) is required for the 220 kV Binh Long – Tay Ninh TL because ethnic minority households are affected by this subproject.

4. The TL has a total length of 55.09km. In Long An Province, the TL has a total length of 44.56 km that will traverse 6 communes in 4 districts. For Ben Luc District, the TL has a 1 Government has to prepare a resettlement plan (RP) for the 220 kV Vung Tau SS even if the proposed subproject only involves the installation of a second transformer bank in said substation because land acquisition for the site of the substation has not yet been completed and the construction of the substation has not yet started. The proposed installation of a second transformer bank (as a subproject of PTIP Tranche 3) in the 220 kV Vung Tàu SS that NPT has yet to construct using government funds depends on the satisfactory implementation of the RP to be agreed by NPT and ADB. Relatedly, a DDR has been prepared for the existing 220 kV Ba Ria – Vung Tau TL because this 14 km transmission line was primarily constructed (in 2009-2014) for the purpose of connecting the yet to be built 220 kV Vung Tàu SS to the Ba Ria Gas-Power-Fertilizer Plant located in Ba Ria City. In other words, the existing 220 kV Ba Ria – Vung Tau TL is an associated facility of the subproject Second Transformer Bank for 220 kV Vung Tàu Substation. 2 The existing substations are regarded as an associated facility of the installation of a second transformer unit (i.e., the subproject under Tranche 3) thereat because the viability and existence of the existing substations depend largely on their upgrading with the installation of said second transformer units. 3 Resettlement and Ethnic Minority Development Framework (REMDF), November 2011.

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total length of 9.374 km and traverse one commune. The TL starts at the tower No. 83 (code N522-52.70) and terminates at tower No. 100 (code D52-79(V)) in Thanh Loi Commune and impact to 146 households that have impact by the ROW of the TL.

5. This Updated Resettlement Plan (uRP) has been prepared for the 500 kV My Tho- Duc Hoa TL- Long An Province segment – Ben Luc District. This uRP covers 137 AHs and based on the results of the detailed measurement survey (DMS), socioeconomic survey (SES) of affected households (AHs) by 16 tower foundation and spans, and consultations with the AHs, consistent with applicable laws of the Government of Vietnam (GOV) and with the 2009 ADB Safeguard Policy Statement (SPS). The remaining 29 AHs are affected by tower No 84 and 90 and its spans will be cover by uRP addendum of this uRP4.

1.2. Scope of Resettlement Impacts

6. The subproject in Ben Luc District has impact a total of 276,642.4 m2 of landholdings. The total affected land area caused by 16 tower foundations and the ROW of the TL segment is 213,441.2m2 of which 9,673.6m2 of land will be acquired permanently for 16 foundations of suspension and tension towers. Of the 28 affected households (AHs) (102 APs) that will lose land permanently for the tower foundations, none AHs who lose land for the foundation of suspension and tension towers are severely affected as all lose less than 10% of their total productive landholdings. It is estimated about 15,750 m2 of annual cropland belonging to 30 households/organizations will be affected temporarily by the project. None of the AHs belongs to vulnerable groups.

7. A total of 120 households have impact by the ROW of the TL in Ben Luc district. The remaining 203,767.6 m2 of landholdings will not be acquired, but since they are in the 32 m wide right-of-way (ROW) of the transmission line, their continued use will be regulated for safety reasons. A total of 27,034.6 m2 of growing rice land; 552.3m2 residential land and 156,219.5m2 perennial land and production forest land are affected, in addition to 28,570 timber and fruit trees, were found during the DMS. The trees will have to be cut but farmers may continue planting annual crops in the ROW. Moreover, three houses, in addition to a number of secondary structures, such as temporary houses for tendering trees; kitchens; latrines/bathrooms; warehouses, rice mill, pavement, corridors, animal shelters; wells, and water tanks, under the 500 kV My Tho - Duc Hoa TL will have to be relocated outside of the ROW for safety reasons. Notwithstanding, no relocation site is envisaged because AHs affected by the total loss of their houses and secondary structures under the TL have opted to self-relocation.

1.3. Socioeconomic Information on the AHs

8. A socioeconomic survey of 30 (22%) of the 137 AHs was carried out in October 2018. Socioeconomic information was also obtained from the commune authorities and in consultation with the affected households. The 30 surveyed AHs were made up of 109 persons, equivalent to an average household size of 3.6 persons. Majority of the household heads (26 persons) finished secondary school. All of the AHs were engaged in agriculture-related livelihood activities, the AHs were also involved in other types of livelihood in order to diversify their income sources. None of the surveyed AHs had monthly household income

4 As of 31 November 2018, detailed measurement survey has been completed for 137 households and compensation plans have been prepared for 114 households affected by the tower foundations numbered 83, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, and 100. The households affected by the tower foundations numbered 84 and 90 are not living in the locality; although there have been several efforts in announcement; as of now, DMS has not been able to be conducted.

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below the poverty line established by the Ministry of Labors, Invalids, and Social Affairs (MOLISA)5 at the survey time.

1.4. Information Disclosure, Consultation, and Participation

9. AHs and local officials were met and interviewed in March 2015 in connection with the preparation of draft (original) RP, particularly prior to and after the conduct of the IOL. Their concerns and suggestions were incorporated in draft RP. A summary of the draft and agreed RP in Vietnamese were posted in district and commune offices, in addition to the distribution of a project information brochure (PIB) to each AH to coincide with the endorsement by NPT of the draft RP to ADB for concurrence. The draft RP has been posted on the ADB website. The complete version of final RP will likewise be posted on the ADB website.

10. Following the DMS process and during the preparation of compensation plans in May to October 2018, public meetings were conducted to present the measurement survey results, discuss the compensation rates, policies as well as eligibility to the project entitlements and the grievance redress mechanism. The meetings also aimed to solicit the views and suggestions of affected households and local authorities regarding the resettlement policies, especially compensation and cash assistance. The draft compensation plans were also posted at public places in July 2018 for the opinions of the affected households for 20 days per regulations.

11. All of the consulted people have given their support for the Project during the public meetings. Their primary concerns and requests have been recorded and explained by the SPMB and Ben Luc District Land Fund Development Branch regarding relevant provisions of the project resettlement policy, particularly on compensation and the need to minimize adverse social impacts and explaining the resettlement plan of the project.

1.5. Grievance Redress Mechanism

12. A grievance mechanism was set up to help ensure that the complaints of AHs are resolved in a timely and satisfactory manner. Through the holding of consultations during RP preparation, including the distribution of PIBs, the AHs were made fully aware of their rights to file a complaint, as needed. During the implementation, updated PIB will be distributed to the AHs upon the endorsement of the uRP by NPT. The resolution of a complaint will pass through 3 stages, beginning with the commune, then the district, and then the provincial level of the People’s Committee before it is elevated to a court of law as a last resort. The NPT will shoulder all administrative costs and legal fees incurred in the resolution of grievances.

1.6. Legal Framework

13. 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 (2013); 2013 Land Law No. 45/2013/QH13, dated 29 November 2013, providing Viet Nam with a comprehensive land administration law; Decree No. 43/2014/ND-CP, dated 15 May 2014, guiding the implementation of some articles of the 2013 Land Law; Decree No. 47/2014/ND-CP, dated 15 May 2014 on compensation, rehabilitation and resettlement in the event of land recovery by the State; Decree No 44/2014/ND-CP, dated 15 May 2014 on land prices; and ADB’s 2009 Safeguard Policy Statement (SPS), guided by Operations Manual on Involuntary

5 Decision No.59/2015/QD-TTg dated 19 November 2015 on promulgating multidimensional poverty levels applicable during 2016-2020, in which: (1) Poor household, In rural areas: Having a monthly per capita income of VND 700,000 or lower; or Having a monthly per capita income of between over VND 700,000 and VND 1.000. 000 and deprived of at least 3 indicators measuring deprivation of access to basic social services; (2) Near-poor household, in rural areas: is the one that has a monthly per capita income of between over VND 700.000 and VND 1,000,000 and is deprived of less than 3 indicators measuring deprivation of access to basic social services

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Resettlement (OM Section F1/OP, 1 October 2013). Provisions and principles adopted in PTIP will supplement the provisions of relevant decrees currently in force in Viet Nam wherever a gap exists, consistent with 2013 Land Law and Decree No. 16/2016/ND-CP which provides that in case of “discrepancy between any provision in an international treaty

on Official Development Assistance (ODA), to which the Socialist Republic of Viet Nam is a

signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall

take precedence” (Article 51, Item 1).

1.7. Entitlements, Assistance, and Benefits

14. The project entitlements are based on the 2009 SPS that have been harmonized with existing GOV laws. One key policy objective governing land acquisition in PTIP is to replace or compensate for lost assets based on the principle of replacement cost. Compensation and various types of cash allowances, including income restoration assistance for AHs affected by the loss of productive lands and the relocated AHs, will be provided prior to displacement of AHs from their houses, land, and other assets, to help ensure that they will be at least as well off as they would have been in the absence of the subproject, and that vulnerable AHs are assisted in improving their socioeconomic status. The cut-off date for eligibility to subproject entitlements were be based on the start of the detailed measurement survey (DMS) of affected assets during RP updating, which is 5 July 2017.

1.8. Relocation of Housing and Settlement

15. Relocation site is not needed for the 3 AHs whose houses and other structures will have to be removed from under the TL. All of the 3 AHs have opted to self-relocation according to DMS result as well as socioeconomic survey result.

1.9. Income Restoration

16. In order to assist affected persons to restore livelihoods and income levels, PTIP will provide income restoration assistance in the form of allowance to AHs affected by the loss of productive lands and the relocating AHs. The various types of allowances outlined in the entitlement matrix include: (i) cash allowance for job changing and job creation for AHs affected by the permanent loss of agricultural land; (ii) relocation allowances, rental allowances, and transition subsistence allowances will be provided for the relocating AHs. None of the AHs belongs to severely affected households due to loss of 10% or more of total productive assets or vulnerable households. Three relocating households are severely affected.

1.10. Resettlement Budget and Financing Plan

17. The cost of implementing resettlement for the 500 KV My Tho-Duc Hoa TL subproject in Ben Luc District, Long An Province is estimated at VND 29,509,722,303 (equivalent to US$ 1,287,341), including administrative cost (at 2% of the cost of land, property on land and allowances). The NPT/SPMB is responsible for ensuring that funds for resettlement are sufficient and are available on a timely manner.

1.11. Institutional Arrangement

18. NPT, as the executing agency, will be overall responsible for the PTIP. The SPMB, as implementing agency, will carry out the updating and implementation of the updated RP in close collaboration with the PPC, DPC and member agencies of the District Compensation, Assistance and Resettlement Board (DCARB).

15

1.12. Implementation Schedule

19. From April to August 2017, through a negotiation between the contractor and affected households, 32 households affected by the tower foundation have handed over land to the contractor and received advance payment. SPMB, therefore, has prepared a Correction Action Plan (CAP) to correct this non-compliance issue. All of the construction activities of the contractor have been stopped until the compensation and assistance payments have been completed, rehabilitation measures are in place and the site is free of encumbrances. A preliminary schedule of RP preparation and implementation is presented in table below.

Preliminary Resettlement Schedule

Activities Time frame

NPT to endorse the RP to ADB for concurrence June 2015

Distribution of PIB to AHs and posting of RP in relevant government offices and on ADB website

June 2015

ADB no-objection to RP and approval of subproject July 2015

Conduct of DMS, replacement cost study (RCS) and RP updating May-July 2017

NPT to submit the draft updated RP to PPC for approval November 2018

NPT to endorse the updated RP to ADB for concurrence November 2018

Internal monitoring (requires submission of quarterly and semi-annual reports) Start in 2017

Start of external monitoring (requires semi-annual monitoring reports) Start in 2017

SPMB prepare and submit DDR and CAP July 2017

ADB no-objection to updated RP and posting of updated RP Mar-Apr 2019

Start of RP implementation May 2019

Post-resettlement implementation evaluation (6 months after completion of RP implementation)

2020

1.13. Monitoring and Reporting

20. SPMB is PTIP3 internal monitoring body. With assistance of the Loan Implementation Consultant (LIC), SPMB will prepare quarterly and semi-annual monitoring reports to be submitted to NPT and ADB starting from the commencement of the updating of the RP. In addition, NPT has hired and mobilized an external monitoring agency (EMA) 1 month following the start of RP updating. The EMA will submit bi-annual reports to the NPT and ADB. The EMA will likewise carry out a post-subproject assessment survey within 6 to 12 months after completion of compensation and resettlement activities.

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2. INTRODUCTION

2.1. Project Background

21. Recognizing the need to overcome current constraints in the power sector to ensure that the rapidly growing electricity demand could be met in an economically and environmentally sustainable manner, the Government of Viet Nam (GOV) approved in 2011 the National Power Sector Development Master Plan VII (PDMP VII). Under PDMP VII, the government approved multiple power generation and transmission projects to be implemented during 2011-2020.

22. The Asian Development Bank (ADB) on 16 December 2011 approved a multi-tranche financing facility (MFF) in the amount of $730 million for the Power Transmission Investment Program (PTIP). The Executing Agency (EA) is the National Power Transmission Corporation (NPT), Vietnam’s state-owned electricity transmission company that is responsible for the planning and nationwide distribution of electricity. The Southern Power Project Management Board (SPMB), responsible for the operation of the power system in southern Vietnam, is the Implementing Agency (IA). PTIP is consistent with PDMP VII’s objective of addressing the growing electricity demand of industrial, commercial, and residential consumers throughout Viet Nam, in addition to improving the operational effectiveness and efficiency of NPT. One component of the investment program is to expand Viet Nam's power transmission network by financing the construction of 500 kV and 220 kV transmission lines and associated substations. PTIP is anticipated to consist of four financing tranches. ADB approved Tranche 1 in December 2011 and Tranche 2 in November 2012. Tranche 3 has been approved in December 2015 and become effective in December 2016.

23. The construction of the new 500 kV My Tho - Duc Hoa TL is one of 9 subprojects proposed for inclusion in PTIP Tranche 3. The construction of the new TL requires land acquisition, thus a Resettlement Plan (RP) was prepared in 2015 during the preparation period for the 500 kV transmission lines. During the updating period, RPs will be prepared for each District affected by the transmission line segments in Long An province and Tien Giang province. Hence, this uRP is updated for the 500 kV My Tho - Duc Hoa TL – Long An Segment – Ben Luc district based on the results of the detailed measurement survey (DMS) and socioeconomic survey (SES) of affected households (AHs), including consultations with the AHs, consistent with applicable laws of the Government of Viet Nam (GOV) and with the 2009 ADB Safeguard Policy Statement (SPS).

2.2. Description of the Subproject 500 kV My Tho – Duc Hoa TL

24. The 500 kV My Tho- Duc Hoa TL has a total length of 55.09 km. It starts from the 500 kV bus bar of the 500 kV My Tho Substation6 (SS) in Thoi Hamlet, Diem Hy Commune, Chau Thanh District, Tien Giang Province, and ends at the 500 kV bus bar of the new 500 kV Duc Hoa SS7 in Binh Loi Hamlet, Hoa Khanh Dong Commune, Duc Hoa District, Long An Province. This subproject is dependent on the completion of the 500 kV My Tho SS and the construction of the new 500 kV Duc Hoa SS. The TL will traverse 12 communes in six districts of Long An Province and Tien Giang Province. The Long An Province segment of the subproject TL is 44.75 km long, while the Tien Giang Province segment of the subproject TL is 10.34 km long.

25. The Long An Province segment of the 500 kV My Tho- Duc Hoa TL starts from angle tower 4 (G4) in Tan Tay Commune, Thanh Hoa District and ends at the proposed 500 kV Duc Hoa SS. In all, the Long An segment crosses 6 communes in 4 districts. Table below summarizes the salient features of the TL segment in Long An Province.

6 My Tho 500/220 kV substation is located in a rural area approximately 55 km south west of Ho Chi Minh City. It is currently under construction with a target commissioning date of December 2015. The new 500 kV switchyard will require two additional bays to accommodate the My Tho- Duc Hoa 500 kV circuits. 7 The 500 kV Duc Hoa Substation and Connections Project is included in PTIP Tranche 3.

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Table 1: Length of Sections of the 500 kV My Tho- Duc Hoa TL in Long An Province

No.

Starting point-

Ending point

District Commune Length (m) Remarks

1 DD - G1 Chau Thanh Diem Hy 1,870

2 G1 – G2 Chau Thanh Nhị Bình 3,114

3 G2 – G3 Tan Phuoc Phuoc Lap 3,181

4 G3 – G3A Tan Phuoc My Phuoc 2,176

5 G3A – G4 Thanh Hoa Tan Tay 10,796

G4-G5 Thanh Hoa Tan Tay 4,953

G5-G6 Thu Thua Long Thuan 4,110 Cross National Road 62 and Vam Co Tay River (141 m)

6 G6-G6A Thu Thua Long Thuan 2,003

7 G6A-G6A1 Thu Thua Long Thuan 5,042

8

9

10

G6A1-G6B

Ben Luc Thanh Loi

4,151

Thu Thua Long Thuan

Tan Lap

11 G6B-G6E Ben Luc Thanh Loi 321 Cross N2 national road

12 G6E-G6F Ben Luc Thạnh Loi 5,004

13 G6F-G9D Ben Luc Thạnh Loi 2,551

14 G9D-G10A Duc Hoa Huu Thanh, Thanh Loi

1,798 Cross Vam Co Dong River (226 m)

15 G10A-G11A Duc Hoa Huu Thanh 1,661

16 G11A-G12A Duc Hoa Huu Thanh 1,610

17 G12A-DC Duc Hoa Hoa Khanh

Dong 752

Source: Technical Design, PECC2, 2016.

Table 2: Features of Long An Province Segment of the Subproject TL

Components Technical Specifications

Length of transmission line (in km) 44.75

- Starting point G4 in Tan Tay Commune, Thanh Hoa District

- Ending point 500kV Duc Hoa Substation

Width of Right-of-way (ROW) 16 m either way from TL centerline

Width of Earth Grounding Zone 53 m from edge of the ROW

Voltage level 500 kV

Number of circuits 2

Conductor ACSR330/43

Earth wire OPGW-120 & Phlox 116.2

Number of Optical 24 fibres

Number of Suspension Towers 55

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Components Technical Specifications

- Height of Suspension Towers 64.91 m (average) but highest is 79 m

- Area required/suspension tower 482.82m²

Number of Tension Towers 15

- Height of Tension Towers 51.36 m (average) but highest is 58 m

- Area required/tension tower 585.73 m²

26. In Ben Luc district, the TL starts at the tower No. 83 (code N522-52.70) and terminates at tower No. 100 (code D52-79(V)) in Thanh Loi Commune.

Table 3. Scope of the project in Ben Luc district, Long An Province

Tower number

Tower code Function Tower foundation type Permanently acquired area (m2)

83 N522-52.70 Anchor G6B 2xMB14-23x25.5H 1260.00

84 N521-52.50 Anchor G6E MC N521-52.50 (VT84) 506.25

85 Đ52-63 Suspension MB10.7-20.5x23 516.00

86 Đ52-67 Suspension MB11.58-20.5x23.5 526.75

87 Đ52-67 Suspension MB11.58-20.5x23.5 526.75

88 Đ52-67 Suspension MB11.58-20.5x23.5 526.75

89 Đ52-67 Suspension MB11.58-20.5x23.5 526.75

90 Đ52-71 Suspension MB12.46-21.5x24 562.50

91 Đ52-71 Suspension MB12.46-21.5x24 562.50

92 Đ52-67 Suspension MB11.58-20.5x23.5 526.75

93 N521-48.50 Anchor G6F MC N521-48.50 (VT93) 433.47

94 Đ52-67 Suspension MB11.58-20.5x23.5H 526.75




98 N522-48.70 Anchor G9D 2xMB12.52-23x25H 1236.00

99 Đ52-63(V) Suspension MB10.7-20.5x23H 516.00

100 Đ52-79(V) Suspension MC D52-79(V) (VT100) 408.85

Source: Data provided by SPMB;

27. A total of 14 suspension towers and 04 anchor towers will be constructed for the Ben Luc District, Long An Province segment of the subproject. Suspension towers are basically for holding the power cables above the ground. On the other hand, the role of angle/suspension towers includes serving as anchor when the TL alignment makes a turn, and to maintain tautness of the power cable between towers. The average height of a suspension tower is 64.91 m (i.e., from ground level to the top of the tower), and the area of its foundation is from 408.85 to 526.75m2. On the other hand, the average height of a tension/angle towers is 51.36 m, and the area of its foundation is from 433.47 to 1236 m2.

28. Impacts on land. Lands will be impacted (i.e., by way of permanent acquisition or restricted use thereof) for the following: (i) foundations of suspension and angle/tension

19

towers (permanent acquisition), and (ii) right-of-way (ROW) and earth grounding zone (restrictions on continued use of land thereat). The ROW of the 500 kV TL is 16 m either way from the TL centerline. While lands under the ROW will not be acquired, the activities of landowners thereon will be restricted to prevent injuries due to electro-magnetic shocks that emanate from high-tension wires. The sag (i.e., lowest point) of the TL cable in rural residential areas and industrial parks should not be less than 16 m, while the sag over rice fields and farmlands should not be less than 12 m. Structures and trees are not allowed inside the 32 m ROW of the 500 kV TL because the vertical safety clearance between the top of an object and any point of the TL cable should not be less than 6 m. Cash crops (e.g., rice, vegetable, sugarcane) may still be grown in the ROW of the 500 kV TL. However, because each steel lattice tower uses its foundations as grounding mechanism, no agricultural activity is allowed within 0.5 m of the tower foundations. (Decree No. 14/2014/ND-CP dated 26 February 2014).

29. Decree No. 14/2014/ND-CP also prescribes an “earth grounding zone” which is an easement area of 53 m from the edge of either side of the TL ROW. Lands in this zone will not be acquired but activities are restricted for safety reasons. In this area, a safety clearance of 2 m between the highest point of an object (e.g., structure or tree) and any part of the power cable must be maintained. Houses can be built in the zone provided they are made of fireproof materials and have lightning arrestors. The earth grounding zones will remain as properties of the owners.

Figure 1: Route of 500 kV My Tho- Duc Hoa TL

20

2.3. Measures Undertaken to Minimize Subproject Impacts

30. SPMB and the design consultants held public meeting to consult with local authorities and local people regarding the alignment of the transmission line for the purpose of identifying options with the least adverse social and environmental impacts. Also, prior to the holding of the inventory of losses, the proposed route of the TL was presented to the AHs and feedbacks and suggestions from them were gathered. Copies of the draft layout of the transmission lines were provided to relevant government offices, such as the provincial, district and commune People’s Committees (PCs), provincial/district/commune/township cadastral officers, for comments and for their information. Feedbacks gathered from local authorities and the affected people were taken into consideration in the design of the subproject.

31. The location of 500 kV My Tho - Duc Hoa TLs was consulted and agreed by the local authorities and communities. The TLs in Ben Luc district transverse mostly flat terrain areas which are planted paddy rice, fruit tree and small area residential land. In addition, the project will make use of the National roads N2 No. 62, Provincial roads No. 865, and No. 867 and Vam Co Dong river, Vam Co Tay river to transport materials to the tower foundation positions, thereby reducing impacts during construction period.

Figure 2. Models of suspension and tension towers of the Project

Suspension Tower Tension/Angle Tower

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3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

32. The DMS in Ben Luc District, Long An Province for the acquisition of land and assets, other architectural works was conducted from 5 July to 20 July 2017 by the Ben Luc District Investment Projects Management Unit. The DMS process was implemented in order to tally the number of people affected by the project by interviewing the AHs directly and actual measurement for determination the impacts on land and assets on land; and to finalize the compensation and entitlement estimates for funding the land acquisition and resettlement activities of the project.

33. Accordingly, the internal checking activities such as legal verification, examination, inspection, compensation planning for 137 AHs were completed on 20 October 2018. On this basis, the Investment Projects Management Unit of Ben Luc District8 has posted and announced the compensation plan to affected households and consulted with the affected households for finalizing the compensation plan.

34. 137 households (502 persons) in Ben Luc District will be affected by the 500 kV My Tho - Duc Hoa TLs. In which, 28 households that are made up of 102 persons and 1 organization will be affected by permanent land acquisition; none of the affected households belongs to vulnerable group. Details of affected households by category are summarized in the following table.

Table 4. Number of PAHs by category9

Type of impact

AHs and organizations

AHs losing 10%

Relocated AHs

Business AHs

Vulnerable AHs

Total APs

Thanh Loi Commune

137 0 3 0 0 502

Permanent 28 0 0 0 0 102

Restriction 120 0 3 0 0 400

Temporary 30 0 0 0 0 133

Total 137 0 3 0 0 502

Source: DMS and SES data, 2017 and 2018

3.1. Impacts on Lands

3.1.1. Permanently acquired land for tower foundations

35. Of the 213,441.2m2 total landholding adversely affected by 13 suspension towers and 03 tension/angle tower, 9,673.6m2 (4.5%) will be acquired permanently for the foundation. Adversely affected by permanent land acquisition are 28 households (102 APs) and two organizations. By land use, 9,673.6m2 of land belonging to 28 households, there are 23.2 m2 resident land and 9,535.2 m2 are used for growing rice, lemon tree and vegetable. Of the 28 AHs affected by permanent land acquisitions, 100% have land use rights certificates (LURCs) for their affected landholdings. None of the AHs is severely affected by the TL segment in Ben Luc District. Details of affected land area and number of AHs by land use are presented in the Table 5 below.

8 Previously District Land Fund Development Centre (DLFDC);

9 Some AHs are affected by more than one category of impacts (permanent land acquisition, restriction on land use within ROW, and temporary land acquisition impacts)

22

Table 5. Permanently Acquired Land for Tower Foundation

No. Commune

Crop land Residential land Perennial land Total

No. of AHs

Affected area (m2)

No. of AHs

Affected area (m2)

No. of AHs

Affected area (m2)

No. of AHs

Affected area (m2)

1 Thanh Loi 6 2.132 1 23.2 25 7,518.4 28 9,673.6

TOTAL 6 2.132 1 23.2 25 7,518.4 28 9,673.6

Source: DMS data, 2018

Notes: 3 AHs are affected by both perennial land and crop land and one AH is affected by both

residential land and perennial land.

36. By severity of land loss, all AHs will lose less than 10% of their total productive landholdings as shown in the table below.

Table 6. AHs by Severity of Land Loss to Tower Foundations

No. Commune Number of AHs

< 10% 10-30% 30-70% >= 70% Total

1 Thanh Loi 28 0 0 0 28

TOTAL 28 0 0 0 28


3.1.2. Affected land in the TL ROW

37. A total of 203,767.6m² of landholdings of 120 AHs (400 APs), are within the 32 m ROW of the subproject TL. While these landholdings will not be acquired by the subproject, their continued use following the construction of the TL will be restricted for safety reasons as mandated by Decree No. 14/2014/ND-CP, dated 26 February 2014. Affected lands for growing rice account for 13.3% (27,034.6 m2) of landholdings in the TL ROW; residential lands, 0.27% (552.3m2); perennial land accounts for 44.7% (91,007.9 m2) and land for production forest is 41.7% (85,172.8 m2). All AHs have LURCs for their affected landholdings in the ROW.

Table 7: Area (m2) of Affected Lands in TL ROW by Use

District/ Commune

Area (m2) of Affected Land According to Use

For growing annual crops

For growing perennial crops

Production forest land

Residential land Total

Ben Luc District

Thanh Loi 27,034.6 91,007.9 85,172.8 552.3 203,767.6

TOTAL 27,034.6 91,007.9 85,172.8 552.3 203,767.6


38. One consequence of having one’s residential lands and those presently planted to perennials and trees within the 32 m ROW of the 500 kV TL is the mandatory change in the use of the same. As mandated by Decree No. 14/2014/ND-CP, dated 26 February 2014, structures and trees are not allowed inside the 32 m ROW of the 500 kV TL because the vertical safety clearance between the top of an object and any point of the TL cable should not be less than 6m. The affected households, however, can shift to grow other low-lying crops to ensure the stipulated safety distance. In addition, the DMS results show that none of

23

the AHs subject to land use restrictions within the ROW is severely affected due to the loss of 10% or more of their income as a result of land use change.

3.2. Affected structures

3.2.1 Affected Main structures

39. 3 AHs (11 APs) are affected by the total loss of their houses in the TL ROW with an aggregated area of 245.31 m2. All of the affected houses are classified as solid and semi-solid houses (i.e., made of brick wall and tile roofs). Of the total, 2 AHs have affected houses built on agricultural land and have to move out of the TL ROW and 1 AH has affected house built on residential land but the household still has residential land in another area for building their house. The residential lands of 3 relocating HHs are in Thanh Loi commune and 3 km far away from their original dwelling area.

3.2.2 Affected secondary structures

40. Affected secondary structures belonging to 18 AHs (72 APs) were identified during the DMS, including temporary houses that are not used for residential purpose but for tendering trees, kitchens, latrines and bathrooms, ware house, dug wells, water tanks, pavements, fences, gates and animal shelters, corridors, yards. Among the affected secondary structures are temporary houses with an aggregate area of 55.92 m2, kitchens with a combined floor area of 122.58 m2, roof with a total area of 452.90 m2, latrines with a floor area of 18.73 m2; animal shelters of 46.25m2 and cement yard of 152,21 m2. In addition, fence of 46.30m in length and pipeline of 38.50m in length together with three water meters and two electric meters are also affected.

Table 8. Impacts on Secondary Structures10

10 For existing structures within the earth grounding zone, mitigation and safety measures are required per the Decree No. 14/2014/ND-CP and Circular No. 31 detailing electric safety regulations. In which details:

Article 10. Ground wiring range

1. At the voltage of 220 kV: 25 meters from the edge of the outer or lowest line inside and near the protection barriers.

2. At the voltage of 500 kV: 60 meters from the edge of the outer or lowest line inside and near the protection barriers.

Article 11. Targets for ground wiring

1. Residences and buildings with metal roofs: Roofs shall be connected to the ground. Ground wiring is not required for metal parts under the roof.

2. Residences and buildings with non-metal roof: All insulated metal parts such as partitions, walls, girders, beams, rafters and window frames shall be connected to the ground.

3. All metal structures outside residences and buildings such as iron frames, aluminum panels, television antenna, clothes lines.

Article 13. Responsibilities for ground wiring and earthing system management

1. Responsibilities for ground wiring

a) Main investor of the high-voltage power grid shall bear all expenses and responsibilities for installing the earthing system for residences and buildings that come into existence prior to the construction of the high-voltage power grid.

b) Legitimate users of residences and buildings built after the high-voltage power grid shall install the earthing system or give requests and incur all expenses for the organization managing and operating the high-voltage power grid to set up the earthing system.

2. Management of earthing system

24

District/

Commune

Unit

Temporary

house Roof

Cement yard

Latrine

Fence Pipe

Animal

shelter

Kitchen

Water

meter

Electric

meter

m2 m2 m2 m2 m m m2 m2 Ea. Ea.

Thanh Loi

HH 2 16 5 7 6 2 7 5 3 2

Quantity 55.92 452.90 152.21 18.73 46.30 38.50 46.25 122.58 3 2


3.3. Affected trees and crops

3.3.1. Affected trees

41. A total of 32,761 timber trees (cajuput, ficus benjamina, eucalyptus, calophyllum, khaya scbegalensis) and 1,925 fruit trees of 81 households were found on plots that would be acquired permanently for tower foundations and within the 32 m ROW of the 500 kV TL. The fruit trees in the ROW included coconut, mango, and apple trees of 812 trees, longan, orange and pomelo trees with the total number of 483 trees will be removed from the ROW, consistent with Article 12 of Decree No. 14/2014/ND-CP that mandates a safety clearance of not less than 6 m from the top of an object (such as a tree) and the lowest point of a TL cable.11

Table 9. Number and Type of Affected Trees

Area Unit Coconut,

mango, and apple trees

Longan, orange, and pomelo

trees

Cajuput, ficus

benjamina

Papaya, banana trees & others

Timber trees

Ben Luc HH 25 23 8 40 81

Number 812 483 137 493 32,761


3.3.2. Affected crops

42. A total of 2,294.4 m2 of land belonging to 5 AHs planted to rice are affected at the tower foundations. A minimum of 2 months’ notice will be given to the AHs so that they have sufficient time to harvest their crops.

3.4. Affected Shops

43. There is no impact on business household as all of the AHs of the 500 kV My Tho - Duc Hoa TL are engaged in agricultural activities and the area where the TL segment in Ben Luc District passes through is mainly on agricultural land.

44. No public structures and monuments are affected by the subproject.

Legitimate owners and users of residences and buildings with metal structures connected to the ground must manage the earthing system. Upon the detection of the earthing system's damage or anomalies, the organization managing and operating the high-voltage power grid must be informed promptly for joint actions.

11 During the detailed measurement survey (DMS), additional trees in the “earth grounding zone” (as per Decree No. 14/2014/ND-CP that requires a safety clearance of 2 m between any structure and any part of the TL cable).

25

3.5. Severely Affected Households

45. As described above, 3 AHs are severely affected due to relocation while none of the AHs is severely affected by the loss of 10% or more of their productive assets.

3.6. Temporary Impacts

46. This type of impacts occurs during subproject implementation due to the requirement for temporary access of vehicles that will deliver pre-fabricated steels, equipment, cables, utilities, etc. during the construction and stringing of the towers. It is estimated about 15,750 m2 of annual cropland belonging to 30 households and one organization will be affected temporarily by the project. The civil works contractor will pay for any damaged crops or income loss arising from the inability of AHs to plant their crops during the temporary use of their lands, in addition to restoring those temporarily affected lands to their original condition before the same are returned to the land owners. NPT will ensure that this condition is stipulated in the contract of the civil works contractors.

3.7. Summary of Impacts

47. The subproject will involve permanent land acquisition, land use restriction within the ROW, loss of property on land in Thanh Loi communes of Ben Luc District for the construction of the 500 kV My Tho - Duc Hoa TLs. A total of 117 AHs are affected by the TLs, of which 27 AHs and two organizations will lose landholdings permanently for 16 tower foundations. Of the total 213,441.2 m2 of landholdings affected, 9,673.6 m2 will be acquired for the tower foundations, while the continued use of the remaining 203,767.6 m2 landholdings in the TL ROW will be regulated for safety reasons. 5 houses will have to be removed from the TL ROW. (See Appendix 2 for the master list of AHs).

Table 10. Scope of land acquisition and summary of impacts

No. District/

Commune

No. of AHs and

organization

Affected land area

(m2)

No. of Affected houses (AHs)

No. of Affected

structures (AHs)

Trees

(tree) Crops (m2)

1 Thanh Loi 137 213,441.2 3 18 28,570 1,911.4

TOTAL 137 213,441.2 3 18 28,570 1,911.4


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4. SOCIOECONOMIC PROFILE

48. The socioeconomic survey (SES) conducted by PECC2 in March - April 2015 covered 9 (39.1%) of the 23 AHs and then another survey of 30 AHs (25%) has been conducted in October 2018 in addition to socioeconomic information obtained from the commune authorities as well as district-level compensation board together with consultation activities with the affected households. A questionnaire was used in the SES. Basic socioeconomic information on the subproject area was obtained from government sources.

49. The purpose of the survey is to collect data on the demographic characteristics of affected households to evaluate the risks of ethnic, gender, poverty and vulnerable households, to consider the resources and the access to social resources of affected households, to consider aspirations of affected households. This will serve as a basic data for monitoring and evaluating the livelihood restoration capacity of the affected households after the project has completed.

4.1. General Socioeconomic Information of the subproject Area

4.1.1. Location, political subdivision and population count

50. Long An Province is located in the Mekong Delta region of Viet Nam. The province is bordered on the North by Tay Ninh Province and Cambodia, on the East by Ho Chi Minh City, on the West by Dong Thap Province, and on the South by Tien Giang Province. It occupies a total area of 4,491.87 km2, accounting for 1.4% of the total land area of the country. Long An comprises 15 administrative divisions, namely Tan An City, Kien Tuong district-level Town, and 13 districts including Ben Luc, Can Giuoc, Chau Thanh, Duc Hoa, Duc Hue, Moc Hoa, Tan Hung, Tan Thanh, Tan Tru, Thanh Hoa, Thu Thua, and Vinh Hung. The population of the province in 2016 was 1,490,600 of which Duc Hoa District accounted for 16.67 % (248,552).

Table 11: Area and population of Long An and its districts in the project area, 2016

Province/ District Communal level administrative

divisions Area (km2) Population (person)

Population density (person/km2)

Long An Province 192 4,494.8 1,490,600 332

Ben Luc District 15 287,86 154,060 535

Source: Long An Portal, https://www.longan.gov.vn/Pages/Default.aspx. and gso.gov.vn

https://www.gso.gov.vn/default.aspx?tabid=714

51. The 500 kV TL traverses Ben Luc District and will affect Thanh Loi Commune. The communes have a total population of 2,372 households (made up of 8,369 persons); in which, 4,151 persons are males and 4,218 are females. The number of people in the working age represents approximately 70.9% of the total population in Thanh Loi commune.

4.1.2. Income sources and poverty incidence

52. People in the subproject communes are mainly engaged in agriculture activities. The total productive area is 4,166.49 ha (41,664,900 m2) with active irrigation. People in Thanh Loi Commune are mainly dependent on agricultural production with more than 2,392.52 ha (23,925,200 m2) of rice and lemon tree production; 1165.72 ha (11,657,200 m2) planted to pineapple and sugar-cane tree. In addition, people are focusing on developing livestock husbandry (cattle, goat, etc.). The current annual per capita income in the area is 28 million dong.

27

Table 12: Poverty Incidence in the Subproject Communes, 201712

District/ Commune Total households No. of poor HHs Poverty rate (%)

Ben Luc District

Thanh Loi Commune 2,372 134 5.64

TOTAL 2,372 134 5.64

4.1.3. Access to social services

53. Education in 2017: school system is being paid due attention for investment, meeting the demands of teachers and students in the area. The communes have primary school and kindergarten each. Their primary schools have met the national standard (level 1). Commune reaches universal primary, secondary and high school.

54. Health facilities: Thanh Loi have commune health center which is under evaluation to meet the national standards on health.

4.2. Socio-economic Information on the AHs

4.2.1. Gender and age of AH heads and members of the AHs

55. Among the 30 AHs households surveyed in the socioeconomic survey (SES), 26 (86%) were headed by males, while four (14%) were headed by women. The 30 surveyed AHs were made up of 109 persons, of which 59 (54%) were male and 50 (46%) females. The average size of the AHs is 3.63 persons. However, these four female-headed households are not vulnerable because they are not female-headed households with dependents.

Table 13: Surveyed AHs by Commune

District/ Commune No. of surveyed AHs Members of the surveyed AHs

Male Female

Ben Luc District

Thanh Loi 30 26 4

TOTAL 30 26 4

4.2.2. Level of education

56. Of the total 109 household members, 9 APs (8.3%) did not go to school, 36 APs (or 33%) had primary education, and also 22 APs (20.2%) had secondary school education level. 24 APs, equivalent to 22%, are pursuing or graduated from high school; 6 APs (or 5.5%) have undergone vocational training while 1 APs (0.9%) attained university education. The remaining 11 APs (accounting for 10.1%) are children under the school age.

12 Per the poverty norms applied by Viet Nam MOLISA for the period 2016-2020 regulated by Government under Decision No. 59/2015/QD-TTg dated 19/11/2015, poor households are defined as follow:

- Poor households: Households in rural areas having average monthly income per capita less than VND 700,000 OR from 700,000 – 1,000,000 VND and deprived of at least 3 indicators measuring deprivation of access to basic social services.

- Near poor households: Households in rural areas having average monthly income per capita from VND 700,000 – 1,000,000 VND and deprived of less than 3 indicators measuring deprivation of access to basic social services.

- Medium household: Households in urban areas having average monthly income per capita from 1,000,000 – 1,500,000 VND.

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4.2.3. Monthly incomes

57. None of the surveyed AHs had a monthly income below the poverty threshold established by the Ministry of Labors, Invalids, and Social Affairs.13 The average monthly income is VND 2,723,000/month/person.

4.2.4. Water and sanitation

58. In terms of water supply, Thanh Loi Commune does not have water supply plant; the households in the commune mainly use water from drill wells or buy water bottles provided by water companies. As of now, 100% of the households in the commune use sanitary water.

4.2.5. Energy for lighting and cooking

59. In 2018, all of the households, 100% households, in Thanh Loi communes had electric connections.

60. For cooking, 27 (90%) of the surveyed AHs used liquefied petroleum gas for cooking while 3 (10%) AHs used electricity.

4.2.6. Vulnerable households

61. None of the AHs belongs to ethnic minority group, as all of the APs are Kinh people. None of the AHs belongs to vulnerable group as defined by the project policy14. Although there are four female-headed households, they do not have dependents and thus are not considered vulnerable households as per the project policy.

4.2.7. Gender issues

62. Apparently, there are no gender issues in the subproject area. Per results of the SES and interview of representatives from the Women’s Union in Long Thuan commune, the level of equality between women and men was relatively high. Women are involved not only in domestic chores but also in income generation and in local association’s activities, including activities organized by the commune Women’s Union. Both men and women are involved in household decisions.

13 Per the poverty norms applied by Viet Nam MOLISA for the period 2016-2020 regulated by Government under Decision No. 59/2015/QD-TTg dated 19/11/2015, poor households are defined as follow:

- Poor households: Households in rural areas having average monthly income per capita less than VND 700,000 OR from 700,000 – 1,000,000 VND and deprived of at least 3 indicators measuring deprivation of access to basic social services.

- Near poor households: Households in rural areas having average monthly income per capita from VND 700,000 – 1,000,000 VND and deprived of less than 3 indicators measuring deprivation of access to basic social services. - Medium household: Households in urban areas having average monthly income per capita from 1,000,000 – 1,500,000 VND..

14 Vulnerable households as per the project policy include (i) female headed households with dependents, (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, (v) landless households, and (vi) indigenous people or ethnic minorities.

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5. CONSULTATION, PARTICIPATION AND DISCLOSURE

5.1. Objectives of Information Disclosure and Public Consultation

63. In compliance with GOV’s Land Law 2013 (Article 48, Article 67, and Article 69), SPS (2009) and ADB’s Public Communication Policy: Disclosure and Exchange of Information (2011), the SPMB promotes the active participation of the Project-based stakeholders. They have been identified during the series of disclosures and public consultations at commune and village levels, involving stakeholders such as the District level CARB, CPC, mass organizations, and the APs.

64. ADB Safeguards Policy Statement (SPS 2009) requires that in line with ADB’s Public Communications Policy, ADB is committed to working with the borrower/client to ensure that relevant information (whether positive or negative) about social and environmental safeguard issues is made available in a timely manner, in an accessible place, and in a form and language(s) understandable to affected people and to other stakeholders, including the general public, so they can provide meaningful inputs into project design and implementation. The disclosure of information, with the consultation and participation of all APs and relevant stakeholders, will minimize the risk of disputes and Project delay.

65. The objectives of public information and consultation program with the APs are:

� to ensure that local authorities as well as all APs will be represented in the planning and decision-making process. SPMB will keep the dialogue with the PPCs and DPCs during the process of the project implementation. The participation of APs will be continued later by means of requesting districts to invite their representatives to the resettlement activities (asset valuation, compensation, resettlement and supervision);

� to fully share information about the components and operation of the Project with APs in order that this process will be transparent;

� to collect information on the needs and priorities of all APs as well as information about their reactions to proposed policies and activities;

� to ensure that all APs are fully informed about the decisions that will affect their income and living standards, and that they will have the opportunity to participate in the activities and decision making on the issues that will directly affect them. Inform APs regarding entitlements, grievance redress arrangements, consultation and communication arrangements as well as resettlement plan preparation and implementation arrangements;

� to get the cooperation and participation of all APs and communities on activities necessary for the development and implementation of the resettlement plan in a bottom-up manner;

� to ensure transparency in all activities related to land acquisition, resettlement and rehabilitation.

5.2. Stages of Participatory Consultation

66. Consultations and discussions will continue to be carried out with the AHs during RP updating and implementation. Table below lists the activities that have been carried out and those that have yet to be done to ensure that APs/AHs are always updated about the project and that their opinions and suggestions are taken into consideration.

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Table 14. Roles of Key Stakeholders in RP Preparation and Implementation

Project Process Stage

Participatory Activities and Participants Responsible Institution

Date/Additional Notes

Preparation

During subproject processing

Consultation with government stakeholders (PPC, DPC, CPC, LFDC) and local population about PTIP and the subproject, preliminary design of the substation and TL connection alignments, and the activities (surveys and consultations) to be carried out in connection with the preparation of the RP as a requirement of subproject processing

SPMB, with PECC2 April 2014

Conduct of surveys (IOL/SES) and RCS PECC2 with assistance from cadastral offices

March – April 2015

Consultation with AHs to discuss the results of the surveys and RCS, including project resettlement policy and suggestions of AHs regarding compensation; cash assistance; relocation options; and measures to mitigate adverse impacts of safety restrictions imposed on the continued use of land inside the TL ROW

SPMB, with PECC2 and local officials

March 2015

Drafting of the RP and project information booklet (PIB) for preliminary review of ADB resettlement specialist

TA consultant

May – June 2015

Review by ADB resettlement specialist of the draft RP

ADB June 2015

Revision of draft RP and submission to NPT

TA consultant June 2015

Endorsement of the RP to ADB for concurrence NPT June 2015

Distribution of PIB to the AHs and posting of summary RP at District and Commune PC offices, posting of draft RP on ADB website

SPMB June 2015

Updating and Implementation

Updating of RP

Demarcation of the alignment of the TLs

SPMB, assisted by Project Implementation Consultants (LIC)

Jan 2017

Holding of public consultation before commencement of detailed measurement survey (DMS)

SPMB, with assistance from LIC

July 2017

Mobilization of the District Compensation, Assistance and Resettlement Committee and the Land Fund Development Center in each district

DPC, with assistance by SPMB and LIC

April 2017

Conducting of DMS LFDC and DMS Task Force, with the participation of the APs

July 2017 to Oct 2018

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Project Process Stage

Participatory Activities and Participants Responsible Institution

Date/Additional Notes

RP implementation

Monitoring and evaluation

Updating of the updated RP and submission to PPC for approval

NPT and SPMB Nov 2018

Endorsement of the updated RP to ADB for concurrence

NPT Nov-Dec 2018

Posting of the summary updated RP at District and Commune PC offices, posting of final updated RP on ADB website

NPT Dec 2018

Implementation of the RP (i.e., payment of compensation, handing-over of acquired properties, etc.)

DCARB with LFDC Dec 2018

Receipt and resolution of grievances of APs/AHs

CPC, DPC, PPC, with assistance by SPMB and LIC

December 2016-until completion of subproject

Monitoring of the implementation of land acquisition

SPMB and external monitoring agency

Starting in 2017

5.3. Information Disclosure and Public Consultation During Project Preparation

5.3.1. Information Disclosure and Public Consultation during RP Preparation

67. During the RP preparation, the public meetings and consultations were held in April 2014 and then March 2015 with project-based stakeholders, 45 people including 30 men (66.7%) and 15 women (33.3%), from Thanh Loi commune, Ben Luc District, Long An Province. They were given the Vietnamese version of Project Information Booklet (PIB). The topics discussed in the public meetings and consultations were: (i) general information of the Project, its location, routes and features; (ii) list of project affected districts, communes and the scale of possible land acquisition for the Project substation and transmission lines; (iii) objectives and principles of RP according to the requirements of the GOV and Safeguard Requirements 2 (SR2) of the 2009 Safeguard Policy Statement (SPS) of ADB; (iv) results of IOL and SES; (v) livelihood restoration program; (vi) compensation and relocation options; (vii) issues on gender and vulnerable groups; and (viii) mechanisms of APs participation, grievance redress, monitoring and evaluation in all phases of RP preparation, updating and implementation.

68. Representatives of mass organizations in each of the Project communes have also attended the meetings and consultations, such as Vietnam Women’s Union, Fatherland Front and Vietnam Farmers’ Union. Focus groups discussions, key informant interviews and HHs socio-economic survey were also conducted.

Table 15. Dates of Public Meetings and Consultations during the RP Preparation

Commune/ Town Date of Consultation Number of participants

Total Male Female

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Total Male Female

Ben Luc District

Thanh Loi Commune 23 March 2015 45 30 15

TOTAL 45 30 15

69. Results of the public consultation are summarized in the following table:

Table 16. Highlights of Public Consultations

Commune Discussed Topics Summary of Public Consultations

Ben Luc District

Thanh Loi Commune

- The Consultant presents the results of the surveys and the RCS;

- Discuss PTIP resettlement policy, particularly its objectives, principles, entitlements, and the policy on cut-off date for eligibility to project entitlements; and

- Solicit their views and suggestions regarding the PTIP resettlement policy, especially with regard to compensation, cash assistance, income restoration measures, and relocation preference.

- The 500 kV My Tho- Duc Hoa TL Project is the project to serve the local and national interests. The local authorities and communities support the project investment and implementation in the area.

- In general, the APs and local authorities support the implementation of the 500 kV My Tho- Duc Hoa TL Project.

- There are some queries on the emerging impacts during construction process that whether such impacts shall be compensated or not.

- Some households have questions related to the compensation rates depending on land locations (e.g. road front).

- People expect to be compensated sufficiently to minimize adverse impacts.

- The Project should cooperate closely with the local authorities to solve emerging issues during the construction and operation process of the Project.

70. The representatives of SPMB have received feedback of the local authorities and AHs and responded to the aforementioned concerns by explaining relevant provisions, such as the 2013 Land Law, Decree No. 47/2014/ND-CP, and relevant decision of the PPC on compensation, assistance and resettlement, the project resettlement policy, particularly on compensation and the need to minimize adverse social impacts and explaining the environmental management plan of the project. The Project has committed to provide adequate compensation and assistances per the project policy and regulations of the Long An PPC. The SPMB and Consultant pointed out that the project is committed to help the affected households and ensure that their living standards are not worse off. After being explained about the basis for compensation and assistance rates, the affected households have agreed and supported the project implementation.

5.3.2. Information Dissemination before ADB Approval of draft RP

71. Before submission to ADB, RP has been publicized in public places. The contents of RP are discussed with the APs. Project information leaflets were prepared and distributed to affected households, in which the contents include: (i) a brief overview of the project, especially the main items to be performed and size of land acquisition; (ii) impacts on land and assets on land; (iii) the rights over the affected land and assets; (iv) detailed implementation plan for assistance, resettlement and compensation payments; (v)

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mechanisms for grievance redness; and (vi) the contact list of the staff of the implementing agencies and local authorities to ensure that complaints are resolved in a timely and satisfactory manner.

72. Besides project information leaflets, policies related to land acquisition, compensation, assistance and resettlement were disseminated to people participated in the public consultation meetings, copy of the project information leaflets were kept at the CPC offices and houses of the village chiefs for easy access by the AHs and local communities.

5.4. Public Consultation During Project Implementation

5.4.1. Public Consultation and Participation in the process of updating RP

73. The principle of DMS is to ensure that (i) The survey was fully conducted and accurate for all land and assets on the land of affected households and communes; (ii) DMS must be fully participated by the community and the affected households, and the participation of women is required; (iii) the results of the DMS must be publicized; and (iv) complaints and appeals related to results of DMS must be resolved fully and in time before updating RP/compensation plans.

74. Before implementation of DMS, the DMS plan has been discussed and agreed between SPMB, DCARB, CPCs, village chief, representatives of local organizations and affected households and then disclosed on audio media. Women are encouraged to participate in all activities of DMS such as inventory on affected land and assets, participating in meetings to disseminate information to complete and announce the results, concerns over inventory.

75. DCARB and SPMB coordinate with the CPC have held meetings with village chiefs, representatives of mass organizations and all those affected to provide inventory form for the affected people to fill in themselves on 05 July 2017. The content of the inventory form has been explained and clarified for households to easily complete. During the DMS in July 2017, also involved the participation of the party as the head of household, women, heads of villages and cadastral officials, representatives of the CPC and others. In July 2017, DMS outcome of each household is listed in public places (office of People Committee, the Cultural house of Village) within 07 days for households to crosscheck and edit errors (if any).

76. In April 2018, the DCARB and SPMB have coordinated with Thanh Loi Commune holding the public meetings to disclose draft compensation plans to the affected households. 93 households and commune leaders have participated in the meeting, in which the households did not agree with the compensation rates and requested the district to review the applied rates. The Construction and Investment Project Management Unit has responded to the affected households that an independent valuation consulting firm has been contracted to re-valuate the land prices in Thanh Loi Commune. The results have been reviewed by the District Compensation Committee and submitted to the province for approval. In July 2018, the Construction and Investment Project Management Unit and SPMB have coordinated with Thanh Loi Commune to hold another meeting with the affected households to disclose the additional compensation plan results. The affected households have agreed with the new rates. (Refer to Annex 3 for the documentation of the public meetings).

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Table 17. Dates of Public Meetings and Consultations during the RP Updating


Total Male Female

Ben Luc District

Thanh Loi

05 July 2017 54 41 13

24 April 2018 93 76 17

18 July 2018 108 99 9

TOTAL 255 216 39

77. Results of the public consultation are summarized in the following table:

Table 18. Highlights of Public Consultations


Thanh Loi Commune, Ben Luc District

05 July 2017

Announcement of land acquisition and implementation of self-inventory of assets on land for the 500 kV My Tho-Duc Hoa TL Segment in Thu Thua District

After the announcement, the CPC also posts the announcement and schedule for DMS at the CPC office. DCARB announces via the mass media for all households in the project area to understand the self-inventory process.

- Ben Luc Land Fund Development Center (now Construction and Investment Projects Management Unit) and SPMB staff to explain to the queries and concerns of the participants;

- Scope of project impacts in Thanh Loi Commune;

- Compensation policies of the project;

- Compensation rates;

- Height of trees within the TL ROW; and

- Support rates for land within the TL ROW.


24 April 2018

Dissemination of the compensation and assistance policies as well as compensation rates

After the meeting, the CPC shall post the draft compensation plans at the CPC office within 20 days.

- The majority of the participants agree with the compensation and assistance policies of the project

- A number of households have requested to re-measure the land area within the TL ROW

- A number of households have requested for clarification on support levels for residential land and houses within the TL ROW;

- The representative of the DCARB and SPMB have responded to the concerns of the affected households: (i) Houses within the TL ROW will have to be relocated and residential land will be subject to support level equivalent to 80% of the compensation rates; (ii) the project owner will cooperate with the measurement agency to re-measure the area within TL ROW; (iii) the DCARB has distributed relevant decisions of the project to the AHs for their reference.


18 July 2018

Distribution of compensation and support dossiers to the affected households in Thanh Loi Commune

- The affected households received compensation and support dossiers from the Ben Luc District Construction and Investment Projects Management Unit, including DMS records and detailed calculation of the compensation value of the affected households;

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- A number of households have requested compensation payment to be implemented soon.

78. In the process of updating RP, consultant has consulted DPC, LFDC, and CPC in the project area. Public consultation with affected people through community meetings, focus group discussions and interviews the household by questionnaire have been conducted during the RP updating process to disseminate about the key project policies and learn about their socioeconomic and living conditions as well as their concerns/expectations about the project.

79. Project information leaflet is prepared and will be distributed to those affected upon the concurrence of the updated RP. The main content is disseminated to those affected include: (i) describe the general information of the project, particularly the activities undertaken to restrict social activities; (ii) potential project impacts; (iii) resettlement principles; (iv) entitlements and other assistances of affected people; (v) the grievance redress mechanism; and (vi) contacts of relevant people responsible of SPMB and local authorities. The leaflet will be publicized at the CPC office and delivered to affected people;

80. At the same time, copies of the resettlement plan in Vietnamese will be sent to the compensation and site clearance committee and publicized at the office and at home CPC village chief.

5.4.2. Public consultation and participation in implementation and monitoring of uRP

81. The general principle of the project, as mentioned above is to ensure participation of all affected people and local community in all activities and all phases of the project. Affected households and communities can participate in the following activities:

� Public consultation in the hamlet on detailed design of the project;

� The public consultation meetings in hamlets on the impact of the project; compensation policies, assistance and resettlement, detailed implementation plans for resettlement activities and grievance redress procedure;

� Detailed measurement of affected assets of APs;

� Replacement cost survey on affected land and assets;

� Informing the AHs about the schedule for compensation payment;

� Implementation of the income restoration measures to improve the livelihoods;

� Preparation, implementation, and monitoring of RP.

82. Copies of the updated RP in Vietnamese language will be made available at District PC and Commune PC offices upon ADB’s concurrence of the updated RP. The updated RP will be uploaded on the ADB website. Social monitoring reports on RP implementation will also be made available at the Commune PC offices and will be uploaded on the ADB website.

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6. GRIEVANCE REDRESS MECHANISM

83. In order to ensure that all grievances and complaints of APs/AHs 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/AHs to air their grievances, this grievance redress mechanism applies to the subproject. All APs/AHs can send any questions to NPT and/or SPMB about their rights in relation to entitlements, compensation policy, rates, land acquisition and grievance redress. APs/AHs are not required to pay any fee during any of the procedures associated with seeking grievance redress, including if resolution requires legal action to be undertaken in a court of law. Complaints will pass through 3 stages described below. The complainant can, if necessary, take the matter to a court of law. It is noted that this grievance redress mechanism does not impede access to the country's legal system, meaning that an aggrieved person is free to access a court of law even at the initial stage of his/her grievances. NPT will shoulder all administrative and legal fees that might be incurred in the resolution of grievances and complaints.

84. The grievance redress mechanism is established based on Complaint Law No. 2/2011/QH13 and Decree No.75/2011/ND-CP guiding implementation the complaint law as follows:

� First Stage: Commune Peoples’ Committee (CPC) - An aggrieved AP may lodge his/her complaint to any member of the CPC, either through the Chairperson or directly to the CPC, in writing or verbally. It is incumbent upon the village chief to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected household and will have 30 days and maximum of 45 days following the lodging of the complaint, depending on complicated case or distance, 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 (DPC) - If after thirty (30) days or 45 days (depending on complicated cases) 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 DPC or the DRC. The DPC in turn will have thirty (30) days or maximum of 70 days following the lodging of the complaint, depending on complicated case, to resolve the case. The DPC is responsible for documenting and keeping files of all complaints that it handles and will inform the LFDC of any determination made and the LFDC is responsible for supporting DPC to resolve AH’s complaint. The DPC must ensure their decision is notified to the complainant.

� Third Stage: Provincial People’s Committee (PPC) - If after thirty (30) days to 45 days the aggrieved AP does not hear from the DPC, or if the affected household is not satisfied with the decision taken on his/her complaint, the affected household may bring the case, either in writing or verbally, to any member of the PPC. The PPC has 30 days or maximum of 70 days, depending on complicated case, to resolve the complaint to the satisfaction of all concerned. The PPC secretariat is also responsible for documenting and keeping file of all complaints that it handles.

� Final Stage: People’s Court - If after 30 days following the lodging of the complaint with the PPC, the aggrieved AP does not hear from the PPC, or if he/she is not satisfied with the decision taken on his/her complaint, the complainant can appeal again to the PPC. If the complainant is not satisfied with the second decision of the PPC, the case may be brought to a court of law for adjudication. If the court rules in

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favour of the complainant, then PPC will have to increase the compensation at a level to be decided by the court. In case the court will rule in favour of PPC, then the complainant will receive compensation approved by PPC.

85. The above grievance redress mechanism was disclosed and discussed again with the APs during the updating of this RP to ensure their understanding of the process. SPMB and the DCARB are responsible for following-up the grievance process of the APs.

86. Affected households may lodge a complaint in writing directly to the Southeast Asia Department via Vietnam Resident Mission Office in Hanoi. If the affected household is still not satisfied with the Southeast Asia Department’s response and only as a last resort, the affected household may access ADB’s Accountability Mechanism: https://www.adb.org/site/accountability-mechanism/main.

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7. LEGAL AND POLICY FRAMEWORK

87. The legal and policy framework for addressing the adverse social impacts of the 500 kV My Tho - Duc Hoa TL is provided by relevant policies and laws of Viet Nam and of the ADB.

7.1. ADB Policies

88. The ADB Safeguard Policy Statement (SPS) of 2009 consolidates three existing safeguard policies: involuntary resettlement (IR), indigenous peoples (IP), and environment.15 The objectives of the IR policy are to (i) avoid involuntary resettlement where possible, (ii) to minimize involuntary resettlement by exploring project and design alternatives, (iii) to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels and (iv) improve living standards of poor and vulnerable households. The IP policy objectives are to (i) design and implement projects that fosters full respect for IP's identity, dignity, human rights, livelihoods systems, and cultural uniqueness as defined by the IP themselves and (ii) ensure that IPs receive culturally appropriate social and economic benefits, do not suffer adverse impacts as a result of projects, and can participate actively in projects that affect them.

89. The ADB Policy on Gender and Development (2006) adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate in, and that their needs are explicitly addressed in the decision-making process for, development activities. The new safeguard policy also reiterates the importance of including gender issues in the preparation of safeguards documents at all stages to ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property, and land-use rights and restoration/improvement of their living standards; and to ensure that women will receive project benefits. Other policies of the ADB that have bearing on resettlement planning and implementation are the (i) Public Communications Policy (2011), and (ii) Accountability Mechanism (2012).

7.2. Compensation and Resettlement Policy of the Government of Viet Nam

90. The Constitution of the Socialist Republic of Vietnam (2013) confirms that ownership and protection of ownership of citizens of their houses. Besides, the Government has issued a number of law, decrees, and regulations to form the legal framework for land acquisition, assistance, compensation, and resettlement. Primary documents include:

a. Law

� Land Law (2013) No. 45/2013/QH13 approved by the National Assembly, dated November 29, 2013.

� Electricity Law (2004) No. 28/2004/QH11 approved by the National Assembly, dated December 3, 2004 and Law No. 24/2012/QH13 dated November 20, 2012 of the National Assembly amending and supplementing a number of articles of the Electricity Law.

� Complaint Law (2011) No. 02/2011/QH13 approved by the National Assembly, dated November 11, 2011.

b. Government’s decrees

15 The policy on environment is discussed in a separate environment report.

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� Decree No. 01/2017/ND-CP, dated January 6, 2017 amending decrees on the implementation of the Land Law.

� Decree No. 43/2014/ND-CP, dated May 15, 2014 guiding the implementation of Land Law 2013.

� Decree No. 44/2014/ND-CP, dated May 15, 2014 by the Government on land prices.

� Decree No. 45/2014/ND-CP dated May 15, 2014 by the Government providing the collection of land use levies.

� Decree No. 46/2014/ND-CP, dated May 15, 2014 by the Government providing the collection levies on land lease, water surface lease.

� Decree No. 47/2014/ND-CP, dated May 15, 2014 by the Government on compensation, assistance, and resettlement in the event of land recovery by the State.

� Decree No. 16/2016/ND-CP, dated March 16, 2016 on the management and use of Official Development Assistance (ODA) and concessional loans of donors.

� Decree No. 14/2014/ND-CP, dated February 26, 2014 by the Government detailing the implementation of the Electricity Law regarding electricity safety.

c. Decisions

� Decision No. 1956/2009/QD-TTg, dated November 17, 2009 by the Prime Minister approving the Master Plan on vocational training for rural workers to 2020.

� Decision No. 52/2012/QD-TTg, dated November 16, 2012 on employment and vocational training support for laborers affected by agricultural land recovery.

d. Circulars

� Circular No. 23/2014/TT-BTNMT, dated May 19, 2014 by MONRE regulating Land Use Right Certificate (LURC), right to ownership of housing and other assets attached to land.

� Circular No. 24/2014/BTNMT, dated May 19, 2014 by MONRE regulating cadastral dossiers.

� Circular No. 25/2014/BTNMT, dated May 19, 2014 by MONRE, regulating cadastral maps.

� Circular No. 28/2014/BTNMT, dated June 2, 2014 by MONRE regulating land statistic and inventory and development of current land use map.

� Circular No. 29/2014/BTNMT, dated June 2, 2014 by MONRE regulating details of making and amending land use planning.

� Circular No. 30/2014/BTNMT, dated June 2, 2014 by MONRE regulating dossiers of handing over land, leasing land, converting land use purpose, and land acquisition.

� Circular No. 36/2014/TT-BTNMT, dated June 30, 2014 on land pricing method; compilation of and adjustment to land prices; determination of specific land prices and consultancy on land pricing.

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� Circular No. 37/2014/TT-BTNMT, dated June 30. 2014 on compensation, assistance and resettlement in the event of land recovery by the State.

e. Long An PPC’s Decisions

� Decision 6297/UBND-KT, dated August 02, 2018 by Duc Hoa DPC approving the land price adjustment coefficients; compensation, assistance policies for implementation of 500kV My Tho – Duc Hoa TL project and 500 kV substation and connection line project in Huu Thanh and Hoa Khanh Dong communes;

� Decision 1032/UBND-KT, dated April 02, 2018 by Long An PPC on approving the land price adjustment coefficients; compensation, assistance policies for implementation of 500kV My Tho – Duc Hoa TL project and 500 kV substation and connection line project in Thanh Loi communes;

� Decision No. 09/2018/QD-UBND, dated March 20, 2018 by Long An PPC on compensation, assistance, and resettlement upon land recovery by the state in the territory of Long An Province.

� Decision No. 60/2014/QD-UBND, dated December 19, 2014 by Long An PPC on land price list for the 2015-2019 period.

� Decision No. 57/2016/QD-UBND dated October 18, 2016 by Long An PPC on compensation rates for affected trees and aquaculture products upon land recovery by the state in Long An Province.

� Decision No. 54/2017/QD-UBND dated October 25, 2017 by Long An PPC revising and supplementing a number of articles of the decision on compensation rates for affected trees and aquaculture products upon land recovery by the state in Long An Province.

� Decision No. 56/2017/QD-UBND dated October 31, 2017 by Long An PPC on unit prices for the new construction of houses, structures and graves in the area of Long An Province.

7.3. Gaps Analysis and Project Principles

91. Since 1 July 2014, the Land Law of 2013 and its implementing decrees and circulars provide the overall framework for involuntary resettlement in Viet Nam.16 There are several aspects of the 2013 Land Law that are similar to the policy objectives and principles of the ADB safeguard policy on involuntary resettlement as provided by the 2009 Safeguard Policy Statement (SPS). There is basic congruence between Viet Nam’s laws and the SPS especially with regard to the entitlement of persons with legal rights/titles. Existing legislation provides guidance for the following: (i) determining market/replacement rates and payment of compensation, assistance 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 period; (iv) provision of resettlement land and housing with secure tenure; (v) additional assistance for severely affected and vulnerable households; (vi) assistance for livelihood restoration and training; and (vii) notification/disclosure, consultation, and grievance mechanisms. However, the following differences remain:

16 The Land Law of 2013 replaces the Land Law of 2003. Decrees 43, 44 and 47 supersede previously issued decrees related to land acquisition including Decrees 181/2004, 188/2004, 197/2004, 17/2006, 84/2007, 123/2007, 69/2009, 88/2009, 59/2011, and 189/2013.

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a. SPS requires that displaced persons without titles (legal rights) to land be provided with resettlement assistance and compensated for loss of non-land assets (constructed before the cut-off date). On the other hand, the Land Law does not allow compensation of land-attached assets that are illegally established17 (Article 92, LL). Moreover, structures (land-attached assets) are not compensated based on the value of a new structure, except for structures used for residential purposes (Article 89.2, LL).

b. SPS requires exploring additional revenues and services through benefit sharing schemes where possible. This is not required under the Land Law.

c. SPS requires conducting social impact assessment to identify poor and other vulnerable groups who may be disadvantaged and disproportionately affected by land acquisition for the purpose of implementing measures to assist them. The Land Law does not clearly require projects to identify displaced poor and other vulnerable groups that are impacted by a development project and to implement measures to assist them. However, in case the amount of compensation and support is not enough to buy the minimum plot in a resettlement site, the State will shoulder the balance.

d. The level of detail and information required for resettlement planning under SPS differs from what is required by the Land Law. The Land Law does not require the preparation of a resettlement plan or general compensation plan prior to the conduct of DMS.

e. SPS requires payment of compensation and other applicable entitlements to affected persons before displacement. This requirement is not explicitly stated as a condition under the Land Law. The Land Law does require payment of compensation within 30 days since the effective date of a land acquisition decision and to subsequently adjust amount in case of delay in payment (Article 93, LL).

f. SPS requires compensation to include interest accrued. However, under the Land Law the amount is kept in an escrow account in State Treasury without interest in case the AP refuses the proffered compensation.

g. SPS requires the conduct and disclosure of monitoring and evaluation of resettlement activities. For projects with significant involuntary resettlement impacts, the project is required to hire an independent external monitoring agency. In the Land Law, monitoring and evaluation is required in a more general term and includes all aspects of the implementation of the Land Law (Article 200, LL). There is also no requirement for independent monitoring for projects with significant involuntary resettlement impacts.

17 There are 3 types of illegally established land-attached assets: (i) those constructed on illegal land, (ii) illegally constructed structures (not based on the approved land use purpose) on legal land, and (iii) structures constructed after land acquisition announcement.

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Table 19: Gap Analysis: 2013 Land Law and Decree 47/2014/ND-CP and ADB 2009 SPS

ADB SPS 2009

Involuntary resettlement safeguard Vietnam 2013 Land Law & guidance decrees Policy gaps from ADB SPS 2009 Reconciled policy for the Project

Objectives

To avoid involuntary resettlement whenever possible; to minimize involuntary resettlement by exploring project and design alternatives

Land Law requires the project owner to arrange the project reasonably to save the land and the Government issued Decree 42/2012/ND-CP on the protection of paddy land;

While there is no explicit policy, land recovery in Viet Nam in practice avoids or minimize involuntary resettlement

Since the Project shall be financed by ADB loan, it will adopt the objectives of the Bank’s 2009 SPS18.

To enhance, or at least restore, the livelihoods of all displaced persons19 in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups20.

Compensates land users that fulfill the conditions for compensation as prescribed by Article 75, legitimate owners of land-attached assets (Article 88.1), persons/entities that plant/grow forests funded by state budget (Article 90.1.d).

- All land users (defined in Article 5) whose land is recovered (including affected workers) are considered for receiving State support (Article 83.1 Land Law 2013 and Article 19 Decree 47/2014/ND-CP). State support is defined as assistance to those whose land is recovered in order to stabilize their livelihoods, production and development.

The 2013 Land Law does not provide compensation to land users who violate land legislation (Article 64), and owners of illegally established land-attached assets (Article 92.2), and unregistered land users of agricultural land after 1 July 2004 (Article 77.2). There is also no regulation to compensate unregistered business for income losses due to business disruption and support in re-establishing their business elsewhere.

APs without legal or recognisable legal claims to land acquired, will be equally entitled to participate in consultations and project benefit schemes where possible, and be compensated for their lost non-land assets such as dwellings and structures occupied before the 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.

For unregistered business: Cash assistance for loss of income based on the minimum wage in the respective province for period of 3 months; and cash compensation for affected structures at replacement cost, and cash assistance for

18 In line with Item 2, Article 87, 2013 Land Law, which stipulates “For projects using loans from international or foreign organizations for which Vietnam has committed to a policy framework for compensation, support and resettlement, that framework policy shall apply”. 19 Displaced persons include persons who lost the land they occupy in its entirety or in part who (i) have formal legal rights to the land lost, (ii) have claims to such lands that are recognized or recognizable under national laws, or (iii) have neither formal legal rights nor recognized or recognizable claims to such land 20 Vulnerable groups are those who may be differentially or disproportionately affected by the project because of their disadvantaged or vulnerable status.

43

ADB SPS 2009


relocation

(For displaced poor and other vulnerable groups)

i. In case the amount of compensation/support is not enough for resettled people to buy the minimum resettlement plot, requires the State to support the balance (Article 86.4 Land Law 2013 and Article 27 Decree 47)

ii. Requires to compensate, support, and resettle to stabilize livelihoods of people whose recovered land is located in areas that pose risk to human life (Article 87.3 of Land Law 2013 and Articles 19, 20, and 21 Decree 47).

Not conflict with SPS 2009 although there is small gap in identifying vulnerable group.

Vulnerable group includes (i) female headed households with dependents, (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, (v) landless households, and (vi) indigenous people or ethnic minorities.

Scope and Triggers

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. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.

The policy principles are not limited to the DPs but:

i. Have policies to create favorable conditions for people who are directly engaged in agricultural production, forestry, aquaculture, and salt-making and do not have productive land due to the restructuring of land use and economic restructuring (Article 26.4). These households/ individuals will be granted with LURCs, ownership of housing and other assets attached to land and do not have to pay land use fee (Article 101.1).

ii. Covers both physical and economic displacement due to land recovery (involuntary acquisition of land)

iii. Considers impacts from change of land use structure and economic structures (Article 26.4)

iv. Covers both temporary and permanent land recovery

v. Covers remaining investment costs on land (Article 76).

Although there is no similar principles as in the SPS 2009, this provision is consistent with the overall objective of the Bank on poverty reduction.

The 2013 Land Law is short in matching the coverage of 2009 SPS since Article 94 and Article 157 only provide compensation for legally recognized land users.

Applying the objectives of the 2009 ADB SPS.

44

ADB SPS 2009


vi. Covers compensation for the damage caused by limited land use (Articles 94 and 157).

Policy Principles

1. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks.

The involuntary resettlement impacts of a subproject funded by ADB is considered as significant if 200 people or more are greatly affected, defined as (i) relocating houses or (ii) losing 10% or more of their productive assets (income-generating).

vii. Requires that in the preparation of the district annual land use plan, the area and location of the land to be recovered to implement socioeconomic development projects should be assessed (Article 40.4.c).

viii. As for severely affected households when the DPs lose at least 30% of their agricultural landholdings.

i. The Land Law does not require for screening of projects in terms of significance of involuntary resettlement impacts, with corresponding requirements for degree of preparation, implementation and monitoring.

ii. Land Law 2013 (Article 87.3) and Decree No. 47/2014/ND-CP require that depending on the degree impacts, separating compensation, assistance, and resettlement activities into a stand-alone project will be decided.

All subprojects shall be screened and categorized according to the degree of their involuntary resettlement impacts, physical and social.

2. Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Establish a grievance redress mechanism21 to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population.

iii. Starts the conduct of public consultation (including affected land users) with the preparation of the district-level land use plan (Article 43).

iv. Between 90-180 days before issuing decision on land recovery, State agencies are required to notify the affected land users about the land recovery (including recovery plan, investigation, survey, measurement and inventory) (Article 67).

v. Requires that once the plan for compensation has been approved, each person whose land is recovered (and meets the conditions for compensation) should be notified of the decision on compensation. Requires the decision to clearly show the level of compensation and

Most of the provisions on consultation in the Land Law are consistent with 2009 SPS.

What is missing is the provisions are the consultation with host communities and support for social and cultural institutions.

Participatory consultations will include non-government organizations, host communities and civic organizations will be provided with project information booklets or brochures written in language largely understand by affected persons.

21 The grievance redress mechanism should address affected persons concerns and complaints promptly using an understandable and transparent process that is gender responsive,

culturally appropriate and readily accessible to the affected persons at no cost and without retribution. The mechanism should not impede access to the country’s judicial or administrative remedies. It should also pay particular attention to the impacts on vulnerable groups.

45

ADB SPS 2009


support, arrangement of the resettlement land or house (if any), time and place of payment for compensation or support, time to arrange resettlement land or house and time of hand over, and site clearance. The organization in charge of compensation/resettlement conducts consultations with affected land users and record opinions/ comments raised during the consultations. In case of disagreement, the Fatherland Association will attempt to persuade those who disagree (Article 69).

3. 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 at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets22 that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

vi. Requires that compensation be made by allocating new land with the same land use purpose with the recovered land. If there is no land available for compensation, the land users will receive cash compensation calculated on the specific land price. Requires that compensation must be democratic, objective, equal, public, timely and legally compliant. (Article 74.2)

vii. Requires that specific price of the affected plot should be determined and independent/licensed valuators should be engaged in establishing cash compensation rates (Articles 114.4, 115, and 116 of Land Law 2013 and Decree 44/2014/ND-CP). However, the requirement of engaging independent/licensed valuators is still vague: article 114, provision 3 says that the province-level land administration agency is entitled to (instead of “must”) hire organizations having consultancy functions for advising on the determination

There are inconsistencies noted on these provisions in Land Law that do not meet this Bank policy. It does not prescribe for consulting land users on land transactions, land value by types, land titles, land use, cropping patters and crop production, availability of land in the project area and region, and other related information where market conditions are absent or in a formative stage in determining replacement value of affected assets.

Livelihoods and socio-cultural systems of all displaced persons shall be restored, improved if possible relative to pre-Project level. Affected livelihoods based on land shall be restored through: (i) land-based resettlement strategies, or cash compensation at replacement value for land when the loss of land does not undermine their livelihoods; (ii) prompt replacement of assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, (iv) employment in construction works; and (v) restoration of social networks of displaced persons.

22 The calculation of full replacement cost will be based on the following elements: (i) fair market value, (ii) transaction costs, (iii) interest accrued, (iv) transitional and restoration

costs, and (v) other applicable payments, if any. Where market conditions are absent or in a formative stage, the borrower will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patters and crop production, availability of land in the project area and region, and other related information. Baseline data on housing, house types, and construction materials should be collected. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account (ADB SPS 2009, Appendix 2).

46

ADB SPS 2009


of specific land prices).

viii. Includes the cost for moving due to land recovery in the compensation (Article 91).

ix. Requires the payment of additional compensation in case of late payment (after 30 days from decision on the land recovery) (Article 93).

4. Provide physically and economically displaced persons with needed assistance, including the following: (i) secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities; (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.

-Entitles affected land users to also receive State support, including support for stabilizing livelihoods and production, support for training and career change and facilitating search for jobs, support for resettlement and other support (Article 83).

-Requires resettlement sites to have uniformly developed infrastructure, ensuring construction standards, codes in accordance with the conditions, customs, practices of the specific regions, areas (Article 85.2).

The Land Law does not include compensation of unregistered owners of commercial structures/businesses for (i) the cost of re-establishing their business/commercial activities elsewhere; (ii) net income loss during the transition period, and (iii) cost of transferring and reinstalling plant, machinery, or other equipment.

Physically and/or economically displaced persons shall be provided with: (i) land use right certificates in relocation land, better housing at resettlement sites with comparable access to employment, forest resources, and/or production opportunities; (ii) transportation for transfer to resettlement sites and food subsidies to APs during transition and development assistance, such as land development, training, or employment opportunities; and (iii) access to social infrastructure and community services, as required.

5. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas 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.

x. In case the amount of compensation/support is not enough to buy the minimum resettlement plot (as normally the case for poor households), requires the State to support the balance (Article 86.4)

xi. Entitles people whose recovered land is located in areas that pose risk to human life (defined in Article 65.1) to receive compensation, support, resettlement to stabilize livelihoods (Article 87.3)

xii. State guarantees to develop policies to facilitate those who are directly involved in agricultural, forestry, aquaculture, salt production and who are lacking the land for production due to change of land use structure

While the 2009 SPS considered them as such, women, households headed by a woman with young dependents, people with disabilities, the poor, and ethnic minority people are not automatically considered as vulnerable under the Land Law.

Moreover, the Land Law has no explicit requirement to identify the poor and other vulnerable groups and to propose and implement targeted measures to assist them in the cases of land recovery.

Ward PC/ CPC shall issue certificates confirming their poor social status. Other vulnerable groups as defined by ADB will be provided with assistance according to the regulations of the project.

47

ADB SPS 2009


and economic structure (Article 26.4). Such households/ individuals shall be granted certificate of land use right, houses and other land-attached assets without having to pay land use fee (Article 101.1).

6. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

xiii. Article 73 of the Land Law covers negotiated settlement for land transfer for projects, facilities for project and business purposes – not in the event of land recovery by the state.

Land Law 2013 and Decrees 43/2014/ND-CP, 44/2014/ND-CP and 47/2014/ND-CP have neither a provision for procedure nor regulation on negotiated settlement.

Per 2009 SPS23, the borrower/client will ensure that any negotiations with displaced persons openly address the risks of asymmetry of information and bargaining power of the parties involved in such transactions. The borrower/client will agree with ADB on consultation processes, policies, and laws applicable to such transactions; third-party validation; mechanisms for calculating the replacement costs of land and other assets affected; and record-keeping requirements.

7. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for full resettlement assistance and compensation for loss of non-land assets at 100% (as long as they settled in the project area before the cut-off date)

xiv. For relocating households who are not eligible for compensation with residential land, but have no other place to live, the State sells, leases, provides rent-to-own houses or allocates land with land use fee (Article 79.2).

xv. Not compensating for the assets which are (i) illegally created; (ii) created after the notice of land recovery; and (iii) social infrastructure and other construction facilities which are no longer in use (Article 92) of the Land Law.

The Land Law is inadequate in meeting this 2009 SPS policy. Articles 88 and 92 do not provide compensation to non-legitimate owners of land-attached assets for non-land assets.

The absence of legal rights of affected persons on the acquired land is not a hindrance to receiving compensation for other assets and for rehabilitation assistance.

8. Prepare a resettlement plan24 elaborating on displaced persons’

The Land Law requires for a compensation plan that shows the level of compensation and support, arrangement of the

At the level required under the 2009 SPS, there is no requirement for preparing a

Resettlement plan shall be prepared in case of land acquisition, complete

23 Appendix 2, Paragraph 25 24 SPS (2009) requires that a resettlement plan should basically include the following (i) project description, (ii) scope of land acquisition and resettlement, (iii) socioeconomic

information and profile, (iv) information disclosure, consultation and participation, (v) grievance redress mechanisms, (vi) legal framework, (vii) entitlements, assistance and

48

ADB SPS 2009


entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

Incorporating into the plan all of the resettlement costs when presenting the cost and benefits of the project.

resettlement land or house (if any), time and place of payment for compensation or support, time to arrange resettlement land or house (if any) and time to hand over the recovered land to the organization in charge of compensation.

As for the projects that have significant impacts on involuntary resettlement, it is necessary to consider the implementation of the involuntary resettlement component of the project as a stand-alone project;

Resettlement cost is included in the total investment.

resettlement plan or Ethnic Minority Development Plan.

Compensation plan is prepared only after the detailed measurement survey (DMS), and there is no requirement for preparing a draft resettlement/compensation plan.

with necessary information.

9. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

xvi. Requires that the compensation plan is disclosed to the affected land user and the community where land recovery will be made.

This provision in the Land Law is somewhat similar with 2009 SPS. However, the contents of compensation plan may not be comparable with the level of detail in 2009 SPS since the Land Law provides the general guidelines on land recovery for projects assisted by multilateral development institutions and/or projects financed by the government.

Disclose a draft RP including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final RP and its updates to affected persons, and other stakeholders.

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

xvii. Requires that land recovery be conducted only after the construction of houses or infrastructure in the resettlement area is completed (Article 85).

xviii. Requires affected land users to handover the land within 30 days after agreeing to the compensation/allowances offered. Agencies making the compensation are required to pay compensation within 30 days. In case of delay, additional compensation for delayed payment should be made.

Matched against the 2009 SPS, the Land Law has no explicit condition that the affected land user should have received the compensation/allowance before handing over the affected land/asset.

RP shall be prepared as part of the Project or it may be a stand-alone document for implementation, showing the full cost of execution if the impacts shall displace persons.

Compensation/allowances shall be received by the APs, before the handing over of their land or removal of their affected assets.

benefits, (viii) relocation of housing and settlements, (ix) income restoration and rehabilitation, (x) resettlement budget and financing plan, (xi) institutional arrangements, (xii) implementation schedule and (xiii) monitoring and reporting

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ADB SPS 2009


11. Grievance redress mechanism xix. Citizens have the right to supervise land management including land recovery, compensation, assistance and resettlement. The competent state agencies upon receiving opinions from citizens have to examine, settle and respond to the opinions of the reporting organizations or individuals (Article 199).

xx. Allowing the DPs whose land is acquired to send petition according to the mechanism and procedures of the Law on Complaints and Denunciations. For violations committed by civil servants or public employees working at a land administration agency (including land acquisition), the petition shall be sent to the competent agencies depending on the nature of the petition and concerned civil servants or public employees (Article 209).

SPS 2009 defines a grievance redress mechanism in accordance with the National Law and easily accessed by the DPs.

A four-step grievance redress mechanism in compliant with the Complaint Law will be established and disseminated to the stakeholders.

Complaint fees are the responsibilities of the project owner.

12. 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.

Monitoring indicators are defined for internal monitoring and external monitoring; Disclosing monitoring reports.

xxi. Empowers citizens to supervise and report on breaches in land management and land use including land recovery, compensation, support and resettlement (Article 199).

xxii. Mandates the government to develop a system for monitoring and evaluation on land management and land use including land pricing, land recovery, settlement of disputes, etc. to be sent periodically to the government and the National Assembly (Article 200).

Monitoring indicators are not specified.

Article 199 of the Land Law is consistent with the requirement of 2009 SPS. However, Article 200 does not require for the monitoring and evaluation of the resettlement outcomes and the impacts on standards of living on displaced persons. Likewise, it has requirement to engage an external expert to monitor for projects with significant involuntary resettlement/land recovery impacts.

Mechanism for resettlement monitoring and evaluation shall be established. An internal monitoring mechanism and an external monitoring agency/expert will be recruited to implement monitoring activities of the project.

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7.4. Resettlement Policy and Principles of the Subproject

92. The 2016 Resettlement and Ethnic Minority Development Framework spells out the resettlement policy and principles that will guide land acquisition and resettlement in subprojects of the Power Transmission Investment Program (PTIP). Provisions and principles adopted in PTIP will supplement the provisions of relevant decrees currently in force in Viet Nam wherever a gap exists, consistent with Decree No. 16/216/ND-CP which provides that in case of “discrepancy between any provision in an international treaty on ODA, to which the Socialist

Republic of Viet Nam is a signatory, and the Vietnamese Law, the provision in the international

treaty on ODA shall take precedence” (Article 51, Item 1). These resettlement policy and principles have been designed to address the discrepancies between ADB SPS and relevant GOV regulations as described in the gaps analysis above, thus:

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

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

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

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

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

f. 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 DPs and communities will be taken into account.

g. The RP or REMDP will be disclosed to DPs in a form and language(s) understandable to them

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

i. 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.

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

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

l. 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.

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

n. 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.

o. 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.

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

7.5. Subproject Entitlements

7.5.1. Eligibility

93. Eligibility will be determined with regard to the cut-off date, which is taken to be the date of commencement of the DMS for which land and/or assets affected by the subprojects are identified and measured. Therefore, the cut-off date for the 500 kV My Tho - Duc Hoa TL in Ben Luc is July 4 2017. The APs have been informed of the cut-off date for each subproject component through public posting at the CPC office and through commune loudspeaker system, and any people who settle in the subproject area after the cut-off date would not be entitled to compensation and/or assistance under the subproject.

94. In addition, legal rights to the land concerned determine the extent of eligibility for compensation with regard to land. 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.

7.5.2. Entitlements

95. 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 20: Entitlement Matrix

Entitled Persons Type and Level of Impact Compensation Policy Implementation Issue

A. Agricultural Land

A.1: Temporarily Affected Agricultural Land

Owners with LURC, owners in process of acquiring LURC, owners eligible to acquire LURC

AND public organizations

Loss of use of the land for a period less than 1 year

(30 AHs)

No compensation for land; however, the Subproject will: (a) Pay the rent in cash, which will be no less than the net income that would have been derived from the affected property during disruption. (b) Restore of land within 1 month after using to its previous or better quality OR pay full replacement cost to the land owner if it fails to restore the affected land within 1 month after use of land

Subproject is responsible to restore the borrowed land within 1 month after use of land or negotiates with APs to restore and pay for them.

PPMBs and EMA are in charge of monitoring on restoration of the affected land.

Full payment for AHs at least 03 months before site clearance

Calculation of income lost is based on the highest productivity of one crop of the last 3 years multiplied with current market price of the crop and duration of land use.

Loss of use of the land for a period more than 1 year

No compensation for land; however, the Subproject will: (a) Pay the rent in cash, which will be no less than the net income that would have been derived from the affected property during disruption. (b) Restore of land within 1 month after using to its previous or better quality OR pay full replacement cost to the land owner if it fails to restore the affected land within 1 month after use of land;

OR

Affected people can transfer land use rights permanently to the project at replacement cost.

A.2: Permanently Affected Agricultural Land


AND public organizations

Less than 10 percent of total productive landholding affected; OR No suitable replacement land available

(28 AHs)

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 DCARBs

Decided by DPCs

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A.3 Impact on productive land in ROW

All AHs with productive land within RoW

Partially impact or totally impact

(120 AHs including 2 AHs have houses on agricultural land and have to relocate)

a/ No compensation for land but support for restriction to use of land, equal to a maximum of 30% of compensation value of the affected land.

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

c/Self-relocation with cash compensation at replacement cost for affected land and house/structures without depreciation of salvageable materials, plus package of rehabilitation allowances; and relocation household is entitled to support by cash for preparation of housing foundation equal to the average investment value in infrastructure of a standard plot in resettlement site

Affected land in ROW will be rehabilitated by contractors after the subproject construction and land in ROW could be used with the restricted purposes. (Described in Decree 14/2014, article 19)

AHs can be required to cut affected trees, subproject will pay for this work.

B. Residential and/or non-agricultural land

B1. Permanently Affected Residential Land


Loss of residential and/or non- agricultural landholding without houses and structures built thereon

(1 AH)

Cash compensation at replacement cost for the affected land. The compensated area does not exceed the residential land quota in the locality;

Full payment for AHs at least 03 months before site clearance

B2. Impact on residential land in ROW

AHs with residential land within the ROW 500 kV transmission line

Demolishing partial or totally impact on house/structures (impact > 50%, or less than 50%

(5 AHs including 1 AH with house on the area within the ROW and 4 AHs without houses/structures on the area within the ROW)

(a) No compensation for land.

(b) Support for utilization of restricted land equivalent to 80% of the compensation rates

(c) Self-relocation with cash compensation at replacement cost for affected land and house/structures without depreciation or deduction for of salvageable materials, plus package of rehabilitation allowances; and relocation household is entitled to support by cash for preparation of housing foundation equal to the average

AHs will demolish the impacted part/structures and reconstruct or improve their houses themselves.

Affected land in ROW will be rehabilitated by contractors after the subproject construction and land in ROW could be used with the restricted purposes.

In case of altering land use

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Entitled Persons Type and Level of Impact Compensation Policy Implementation Issue investment value in infrastructure of a standard plot in resettlement site

purpose, the local authorities to support the AHs in conversing residential land to agricultural land.

C. MAIN HOUSES AND/OR SHOPS AND OTHER STRUCTURES OR PROPERTY

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

Owners of house or combined house/shop structures

Structure totally affected OR Structure partially affected and remaining portion no longer viable

(3 AHs)

(a) Cash compensation at replacement cost for materials and labor for whole affected structure with no deduction for depreciation or salvageable materials; and

(b) Relocation and subsistence allowances (see G, below).

C.2. Other Structures, e.g., kitchens, toilets, animal sheds, fences, foundations, etc.

Owners of structures Partially or totally affected structures or other property

(18 AHs)

Cash compensation at full replacement cost for materials and labor and with no deduction for depreciation or salvageable materials; OR

Cash or in-kind assistance to relocate affected structures or property; OR

Cash assistance to repair of property to original or better condition (see G, below).

Owners of structures are entitled to compensation regardless of whether or not they possess a) land use rights to the land OR

b) Construction permits for the structures

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

Owners of crops and/or trees

Loss of annual crops

(5 AHs)

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 and tree fences

(81 AHs)

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.

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E. REHABILITATION ASSISTANCE

E.1. Relocation Allowance

All DPs have to relocate Relocation of household and/or business effects and salvaged and new building materials.

(3 AHs)

(a) Cash assistance is minimum of VND 15,000,000 for solid or sub - solid housing.

(b) Temporary Relocation Assistance for renting temporary resettlement house: The period of assistance and administration of this provision will be as per the Provincial People’s Committee regulations (equivalent to VND 300,000 per person per month but the minimum support level is VND 900,000 per household per month for 6 months)

Eligible DPs include owners of residential structures that are totally or partially affected and remaining portion is not viable; non-titled DPs allocated alternative residential land or housing; tenants; and, businesses and eligible land use/management organizations that relocate.

At the time of compensation, the level of allowance will be re- evaluated to ensure the DPs have enough assistance to relocate.

E.2. Transition Subsistence Allowance

Owners of residential structures that must rebuild.

Loss of income during period to rebuild.

(3 AHs)

Cash assistance is equal to 30 kg of rice per month per household member for 12 months valued at market price;

At time of compensation, allowance will be adjusted for inflation to ensure that DPs have sufficient resources to meet basic food and non-food expenditures.

E.3. Repair Allowances

Owners of partially affected principal structures; AND Owners of other affected structure

Damage due to dismantling of part of principal structure, or part or all of other structure (18 AHs)

Cash assistance based on actual costs to repair the remaining part

E.4 Infrastructure Development Allowance

Owners of structures that relocate themselves

Provision of basic infrastructure, e.g., water supply, toilet, access, drainage (3 AHs)

Cash assistance equal to the basic cost of investment unit in infrastructure including preparation of housing found of a standard plot in resettlement site according to Decree No.47/2014/ND-CP.

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E.5 Bonus to DPs that relocate on time

All DPs that relocate 3 AHs Bonus Allowance if land is handed over in a timely manner according to PPC's regulation equivalent to a one-time allowance of VND 10,000,000 per household.

E.6. Economic Rehabilitation Package

Severely affected AHs, displaced from housing or losing 10 percent or more of their productive land (income generating) irrespective of tenure status.

Assistance to restore livelihoods and incomes following acquisition of agricultural land or other productive assets

(3 AHs)

Participating in income restoration programmes Value of in kind assistance to be determined during RP implementation.

Income Restoration Programmes will be designed during subproject implementation with the assistance of an agency specialised in livelihoods/labour or vocational assistance and with the active involvement of the AHs.

RP shall be updated following the needs assessment of the APs during the RP implementation.

Assistance for job changing and creation (03 AHs)

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

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7.6. Strategy to Address Gender Issues

96. The subproject includes the following specific actions to address gender issues during resettlement planning and implementation:

a. During the updating and implementation of this RP, both men and women will participate in public meetings and in the DMS. Women from the affected households will be consulted with regard to compensation, assistance, and resettlement.

b. For married APs, both husband and wife will be present to receive the couple’s compensation and allowances for their affected assets and income sources.

c. Women will be given equal chance in getting hired for unskilled labor and to receive equal remuneration for the same work as the men.

d. Special measures will be adopted to help elderly-, disabled-, and women-headed households relocate or reconstruct their affected structures.

7.7. Strategy to Assist Vulnerable Households

97. Vulnerable APs include the following: (i) households headed by women with dependents, (ii) household heads with disabilities, (iii) poor households, (iv) elderly households with no other means of support. Vulnerable APs that are affected by the partial or entire loss of main structures and productive assets will be given priority for employment in project-related works. In addition, vulnerable AHs will be provided livelihood assistance. None vulnerable AHs were identified during RP updating.

7.8. Unforeseen Impacts

98. New APs/AHs that will emerge due to changes in project design or alignment prior to or even during construction works are entitled to the same entitlements as those of the other APs/AHs. Project entitlements will not apply to new occupants of the ROW after the cut-off date.

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8. INCOME RESTORATION PROGRAM

8.1. Defining Program Participants

99. Participants in the Income Restoration Program (IRP) are households severely affected by the project, losing over 10% of their productive land and relocated households. The DMS and SES have identified households eligible under the IRP, of which 3 households will be relocated.

8.2. Needs Assessment

100. During DMS process, each relocated household has been consulted by the official of the Investment Projects Management Unit of Ben Luc District. All households have opted to self-relocation. The survey results during RP updating show that all of the households preferred self-relocation.

8.3. Proposed Potential Income Restoration Program

101. IRP will be developed in order to ensure that the relocated households shall not be worse off during the transitional period, for which assistances for relocated households will be delivered. The supports during transitional period for the relocated households include the followings:

Activity 1 – Provision of rehabilitation assistance package during transitional period

102. Life stability support: in cash support equivalent to 30 kg of rice per person per month for the household members within 12 months at the market prices. The total cost is VND 53,914,320.

103. Rental support: for temporary relocation assistance equivalent to VND 300,000 per person per month and within 6 months with the total cost of VND 19,800,000.

104. Relocation allowances: in cash assistances up to VND 15,000,000 per relocated household who move within the province area.

105. Infrastructure Development allowances: In addition to compensation for affected land and houses at replacement cost, the households are entitled to receive cash assistance equal to the basic cost of investment unit in infrastructure, equal VND 177,000,00025 (minimum resettlement land plot).

106. Progress bonus: A bonus of VND 10,000,000 per household will be provided if the relocated households hand over land on time.

Activity 2. Vocational training and job changing

107. There is a vocational training center in Ben Luc District. Ben Luc DPC can sign a contract with the vocational training and job placement centers of the department of Labor, Invalids, and Social Affairs of Long An Province or Ben Luc District in order to train local people and introduce them job opportunities. Based on such an agreement, these centers can regularly organize training and job placements for local people, including households affected by land acquisition.

108. The training occupations include:

- Producing beds, weaving rugs, sewing at home, cutting hair, making hats;

25 The unit price for 1m2 of the resettlement land plot is calculated on a construction value basis to form a resettlement area (compensation to recover the land of the resettlement site, land leveling, drainage system, water supply, electricity, transportation ...).

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- Cooking, baking;

- Repairing electronics and electrical equipment such as telephones and computers, repairing motorbikes, carpentry, accounting, office computers;

- Repairing mechanical equipment such as: farm machine, automobile, motorbike, motor boat.

109. The training cost estimation, free for trainers, for primary level is provided below.

Table 21: Training Cost Estimation

Training Sectors Training Time Estimated costs (free tuition fee)

Training Cost Lunch support

Producing beds, weaving rugs, sewing at home, cutting hair, making hats;

1.5 months

2,000,000 - 3,500,000

VND/trainee/month

50,000 VND/trainee/day

Cooking, baking 1.5 - 2 months

Repairing electronics and electrical equipment such as telephones and computers, repairing motorbikes, carpentry, accounting, office computers

2 months

110. In addition, the construction contractors have to prioritize the recruitment of local labor that is eligible for the jobs. The affected persons can send application directly to the contractors or District Compensation Committee, who will then forward their applications to the contractors and require suitable jobs for affected persons that need jobs.

111. During the implementation stage, the DCC and the SPMB will update records of the training demand from households affected by the Project in order to plan and coordinate with the Department of Labor Invalid and Social Affairs (DOLISA) to develop vocational training and job placements for affected people.

8.4. The Funding for the IRP

112. The funding for the implementation of the income restoration program is VND 611,264,320 including both rehabilitation support packages, vocational training and management costs. The funding for the implementation of the IRP is outlined in Table 14 below.

Table 22: Budget for IRP Implementation

Expected programs (*) Estimated cost Budget Source

1. Rehabilitation package

Life stability support 53,914,320 Calculated in uRP for 3 relocating AHs

Rental support 19,800,000

Calculated in uRP for 3 relocating AHs

Relocation allowance 40,000,000

Calculated in uRP for 3 relocating AHs

Infrastructure development allowances 456,000,000 Calculated in uRP for 3 relocating AHs

Progress bonus 30,000,000 Calculated in uRP for 3 relocating AHs

2. Vocational training program

According to Article 5 under Decision No.63/2015/QD-Ttg on assistance in vocational training for workers whose land

10,500,000

This funding is from the project, National Employment Fund and Scheme “Vocational training for rural laborers up to 2020”

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Expected programs (*) Estimated cost Budget Source is withdrawn by the State; and Decision No. 1956/2009/QD-Ttg on approving the scheme on vocational training for rural laborers;

Plan No.4576/KH-UBND on implementing policy on assistance in vocational training and job search for workers whose land is withdrawn in the province

3. Implementation management cost for Vocational training program. (Estimated 10% of (Item 2)

For Implementation cost of (1) were calculated in uRP

1,050,000 This funding is from the project

The total implementation cost for the income restoration program (2+3+4)

611,264,320

Note:(*): These are proposed livelihood restoration programs. The SPMB will reassess the needs of

the eligible households at the commencement of the project implementation.

113. The income restoration is seen as a special item that helps affected households regain their income or improve their economic situation. The budget for the IRP is taken from project’s counterpart fund and is included in total compensation costs of the Project.

8.5. The organization and coordination in the implementation of IRP

114. The responsibilities of the organizations within the implementation structure of IRP include:

- SPMB: is responsible for allocating funds for the implementation of resettlement, compensation and income restoration program.

- Long An PPC: is responsible for allocating funds as 63/2015/QD-TTg and 1956/2009/QD-TTg; The PPC directly instructs the relevant departments such as the DOLISA, the Department of Planning and Investment, the Department of Agriculture and Rural Development (DARD);

- DPC of Ben Luc District of Long An Province: is responsible for receiving and approving the program.

- Office of Agriculture and Rural Development of Ben Luc under DARD, vocational training centers are responsible for supporting vocational training and lending affected households.

- Mass organizations such as Farmers’ Association, Women’s Union, Veteran’s Union, and Youth Union connect affected persons to the income restoration program;

- SPMB with the assistance of the responsible consultants implement the proposed activities, gives instructions to mass organizations during the implementation of program, and report the results of such implementation to the DPC and ADB.

115. External Monitoring Consultant is responsible for proposing recommendations regarding any arising issues related to IRP during implementation process.

Table 15. Schedule for IRP implementation

Activities Content Timeline

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Identifies the specific

livelihood activities

LIC supports the SPMB and Ben Luc DPC, Thanh Loi CPC

identifies the specific needs of 19 relocated affected

households for their livelihood restoration;;

January 2019

Development of specified

IRP

LIC supports the SPMB and Ben Luc DPC, Thanh Loi CPC

develops specified Livelihood Restoration Program

March 2019

Implementation of IRP Thanh Loi CPC and Ben Luc DPC with households

implement livelihood activities, which are suitable with

household needs.

From May 2019 to the

end of project;

Monitoring and Evaluation Monitor rehabilitation level of relocated affected households

every 6 months for EMC

LIC supports SPMB monitors rehabilitation level of

relocated affected households every 3 months

Evaluate effectiveness of implemented IRP and Final report

of EMC

Semiannual report

(EMC)

Quarterly report (LIC)

Final report (EMC)

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9. RESETTLEMENT BUDGET AND FINANCING PLAN

8.1. Compensation and Allowances of AHs

116. The independent valuation for the subproject has been conducted in 2017 and completed in March 2018 by Southern Information and Valuation Joint Stock Company. The valuation results have been submitted to the appraisal council including reprensatatives of Long An Provincial Department of Natural Resources and Environment, Department of Finance, Department of Tax and Department of Construction to appraise the specific land prices which is applied for compensation for the affected land under the subproject. The appraisal result was then approved by Long An PPC in Decision No. 1032/QD-UBND dated 2 April 2018 by Long An PPC on approval of specific land prices for the construction of the 500 kV My Tho-Duc Hoa TL owned by SPMB in Thanh Loi Commune, Ben Luc District. Accordingly, the proposed land prices for compensation, site clearance in the project area in Ben Luc District are as follows:

Table 23. Proposed Compensation Rates Applied to the Subproject

Land types

Provincial rates

according to Long An PPC’s

Decision No. 60 (VND/m2)

Surveyed rates (VND/m2)

Applied rates (VND/m2)

Rural residential land

Provincial road 816 (section from Vam Thu Doan to Duc Hue)

The first 50m close to the road or the plot which is not close to the road but owned by the same land owner of the plot which is close to the road

350,000 1,200,500 1,200,500

The first 50m not close to the road and not owned by the same land owner of the plot close to the road

245,000 840,000 840,000

Inside section 120,000 366,000 366,000

Agricultural land

National Road N2


108,000 1,493,640 1,493,640

The first 50m not close to the road and not owned by the same land owned of the plot which is close to the road

90,000 1,045,800 1,045,800

Section from the 50th meter to the 100th meter

90,000 597,600 597,600

Provincial road 816 (Vam Thu Doan-Duc Hue section)


108,000 834,840 834,840

The first 50m not close to the road and not 90,000 584,100 584,100

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Land types

Provincial rates

according to Long An PPC’s

Decision No. 60 (VND/m2)

Surveyed rates (VND/m2)

Applied rates (VND/m2)

owned by the same land owner of the plot close to the road

Section from the 50th meter to the 100th meter

90,000 333,900 333,900

Inside, close to the canal, close to the canal road

Land planted to perennial and annual crops 50,000 91,000 91,000

Forest land and aquaculture land 35,000 69,120 69,120

117. For other assets:

� Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials. Compensation rates for affected structures are calculated based on construction price index (Construction price index is an indicator reflecting the level of fluctuation of the construction cost over time, which serves as the basis for determination and adjustment of the total construction investment cost, construction cost of the works). The construction price index consists of the construction costs by type of works and includes the construction price, the equipment price, and the cost factors (including construction material, construction labor cost, machine cost and construction equipment cost). The rates are announced by Long An Provincial Department on a monthly, quarterly and annually basis and include labor costs;

� Annual crops equivalent to current market value of crops at the time of compensation. For cash crops, the compensation unit price is calculated by the Department of Agriculture and Rural Development based on the actual yield of the crop for three consecutive years and the market price;

� For perennial crops and trees, cash compensation at replacement cost is equivalent to current market value given the type, age and productive value at the time of compensation. Timber trees based on diameter at breast height at current market value.

118. Long An PPC has issued policies on compensation unit prices, assistance for land, trees and crops as follows:

� Decision No. 60/2014/QD-UBND, dated December 19, 2014 by Long An PPC on land price list for the 2015-2019 period.

� Decision No. 57/2016/QD-UBND dated October 18, 2016 by Long An PPC on compensation rates for affected trees and aquaculture products upon land recovery by the state in Long An Province.

� Decision No. 54/2017/QD-UBND dated October 25, 2017 by Long An PPC revising and supplementing a number of articles of the decision on compensation rates for affected trees and aquaculture products upon land recovery by the state in Long An Province.

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� Decision No. 56/2017/QD-UBND dated October 31, 2017 by Long An PPC on unit prices for the new construction of houses, structures and graves in the area of Long An Province.

� Decision No. 4012/QD-UBND dated 3 November 2017 by Long An PPC approving adjustment coefficient of land prices, compensation and support policies to implement the construction of 500 kV My Tho-Duc Hoa TL owned by SPMB in Ben Luc District, Long An Province.

119. Budget calculation for compensation, assistance and resettlement for the subproject in this uRP are based on the DMS in July 2017, entitlements of the AHs following the provisions specified in the Entitlement matrix and consultation results with the AHs and relevant agencies.

8.2. Procedures for flow of funds

120. NPT will bear the full cost of resettlement. It is responsible for ensuring that funds for resettlement are sufficient and are available on a timely manner. NPT will disburse funds for resettlement to the imprest account of the DCARB. With assistance of the LFDC, DCARB will deliver compensation and allowance of the AHs at Commune PC Office. AHs will be notified in advance on the date of payment of compensation and allowance. AHs will likewise be advised to bring with them their copy of their compensation plan.

121. Up to date, the land clearance has been carried out for 20 the locations of tower foundations. At these tower foundations, 32 AHs have received the advance compensation in April to August 2017, which are based on the estimated costs calculated by the District LFDCs. Based on the DMS results and valuation results, the contractor has made an advance of about 70% of the compensation and assistance values. As of August 2017, the total advanced compensation value is VND 868,435,000.

122. The SPMB and contractor have coordinated with the local authorities to conduct face-to-face meetings with the individual households (20 AHs) affected at these tower foundations to disseminate the compensation policies of the project and reach agreement with the affected households for permission to carry out construction at these locations in advance. When the compensation plans of the AHs are completed and uRP is approved, the AHs will be paid full compensation and assistances while the amount of advanced payment made will be paid back to the contractor as agreed by the SPMB, contractor, and affected households in the written agreements.

123. As of now, the advanced construction has been stopped after the intervention of the ADB because the updated RP has not been finalized and endorsed. The SPMB and contractor have complied and stopped the construction activities. For the already constructed area and affected households and organizations, close monitoring is required throughout the project implementation to ensure their adequate entitlements and compliance with the project policies. (Refer to Annex 4 for the impacts of the AHs received advance compensation and sample documentation of the agreement on advanced construction at tower foundations).

8.3. Cost estimates and inflation adjustment

124. NPT and SPMB, in collaboration with the PPC will ensure that adjustments are made to compensation rates and to other cash entitlements to reflect current market rates when payment of compensation and allowance is not done within the year of the conduct of the RCS.

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8.4. Implementation, administration and contingency costs

125. Implementation costs cover payment of allowances and per diem of concerned DCARB and LFDC staff members involved in the updating and implementation of the RP. Administrative costs and contingencies amounting to 2% and 10% each have been added on top of the cost of resettlement.

8.5. Estimated cost of resettlement

126. The cost of implementing resettlement for the 500 KV My Tho-Duc Hoa TL subproject in Ben Luc District, Long An Province is estimated at VND 29,509,722,303 (equivalent to US$ 1,287,341). Table below gives a breakdown of resettlement costs.

Table 24. Cost Estimates for the Updated Resettlement Plan Implementation

No Items Unit Average Unit

Price Quantity Amount (VND)

1 Compensation VND

12,725,961,346

1.1 Compensation for land

2,141,203,149

- Residential land

229,147,920

Section 50m close to the canal VND/ m2 292,800 154.50 45,237,600

Section inside VND/ m2 372,363 493.90 183,910,320

- Paddy land

1,912,055,229

Section 50m close to the provincial road 816

VND/ m2 588,202 1,762.9 1,036,940,821

Section 51m-100m close to the provincial road 816

VND/ m2 214,862 1,263.7 271,520,547

Section inside VND/ m2 31,400 19,223.0 603,593,860

1.2 Productive forest land

4,698,939,121

Section 50m close to the road N2 VND/ m2 604,801 3,485.8 2,108,215,605

Section 50-100m close to the road N2 VND/ m2 241,801 2,021.2 488,728,585

Section inside VND/ m2 32,698 64,284.5 2,101,994,931

1.3 Perennial cropland

1,036,401,554

Section 51m-100m close to the provincial road 816

VND/ m2 100,170 1,295.2 129,740,184

Section inside VND/ m2 35,968 25,207.6 906,661,370

1.4 Annual cropland

1,569,615,820

Section 50m close to the canal VND/ m2 27,300 535.5 14,619,150

Section inside VND/ m2 33,985 45,754.8 1,554,996,670

1.5 Agricultural land planted to other annual crops

VND/ m2 30,550 6,235.8 190,501,980

1.6 Investment cost in land VND/ m2 5,000 6,482.0 32,410,000

1.7 Compensation for trees VND/tree 39,660 34,686 1,375,640,500

1.8 Compensation for crops VND/ m2 5,520 2,294.4 12,665,880

1.9 Compensation for houses and structures

1,668,583,343

House VND / m2 2,458,620 316.01 776,936,176

Kitchen VND/ m2 776,043 195.03 151,351,730

Bathroom+WC VND/ m2 2,027,457 23.73 48,111,549

Structure type 1 VND/ m2 387,314 812.44 314,667,782

Structure type 2 VND/ md 37,794 38.5 1,455,080

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Structure type 3 VND/ m3 1,029,000 4.00 4,116,000

Structure type 4 VND/ m2 855,526 428.97 366,995,026

Well ea. 800,000 3 2,400,000

Electric meter ea. 1,275,000 2 2,550,000

2 Assistances

13,562,685,982

2.1 Relocation assistance HH

3 40,000,000

2.2 Assistance for life stabilization and production stabilization

VND/per/month

3 53,914,320

2.3 Job change and creation support VND

17 143,048,640

2.4 Assistance for productive land within the ROW

VND

192,268 12,819,923,022

2.5 Bonus VND 10,000,000 3 30,000,000

2.6 House renting support VND/person

11 19,800,000

2.7 Support for self-relocation (minimum resettlement land plot)

VND/HH 152,000,000 3 456,000,000

3 Income Restoration Programe

11,550,000

3.1 Rehabilitation support packages VND

Include above

3.2 Vocational training and implementation cost

VND

11,550,000

4 Administration cost (2% of total cost for compensation, assistance and resettlement = 2% x (1 + 2)

525,772,947

5 TOTAL = 1+2+3+4

26,825,970,275

6 Contingency cost (10% x (4))

2,683,752,028

7 GRAND TOTAL = (4) + (5) VND

29,509,722,303

US$

1,287,341

Notes

1 Structure type 1 includes: Animal shelters and temporary huts

2 Structure type 2 includes: water pipeline

3 Structure type 3 includes: Manhole

4 Structure type 4 includes: Roof, cement yard, brick fence

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10. INSTITUTIONAL ARRANGEMENTS

127. Implementation of the uRP requires the participation of relevant agencies from the central to province, district, and commune level. NPT has the overall responsibility for the implementation of the uRP. The respective CARBs of the Districts of Duc Hoa will be mobilized consistent with Decree 47/2014/ND-CP.

9.1. Central Level

128. The NPT is the executing agency and is mandated to:

a. Provide overall management and coordination of PTIP Tranche 3 (PTIP3);

b. Liaise with SPMB to carry out PTIP3;

c. Coordinate with ADB in providing resettlement consultant services for PTIP3;

d. Support SPMB for updating RPs/REMDPs of PTIP3;

e. Consolidate project progress reports on land acquisition and resettlement submitted by the SPMB for relevant ministries and ADB;

f. Recruit a national specialist to support project implementation; and

g. Recruit or authorize SPMB to recruit a qualified external monitoring agency to conduct independent monitoring of RP implementation.

129. The SPMB is the implementing agency and is mandated to:

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

b. Liaise with the PPC to facilitate the establishment of the CARB at the provincial and district/city levels;

c. Provide an orientation to the concerned People’s Committees of the province, districts, and communes, the District/City 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 RP;

d. Take the lead in the public disclosure of subproject RP/REMDP in coordination with concerned People’s Committees, and participate in project information dissemination and holding of consultation meetings with AHs and other stakeholders;

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

f. Design and implement an internal monitoring system that will capture the overall progress in RP/REMDP updating and implementation; and prepare quarterly and semi-annual social monitoring reports for submission to NPT and ADB.

9.2. Provincial Level

130. The main responsibilities of the PPC include: (i) establishment and mobilization of PCARB and DCARB; (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) recruitment of consultant to determine replacement unit cost of affected private and public assets; (iv) planning

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resettlement arrangements, job change training plans according to their assigned competence; (v) authorizing the DPC to approve compensation, assistance support to APs/AHs; (vi) providing guidance to concerned agencies on the impartial settlement of citizens’ complaints, complaints related to compensation, support and resettlement; and (vii) authorizing the DPC to apply legal measures to cases of deliberately failing to abide by the State’s land recovery decisions.

9.3. District and Commune Levels

131. District People’s Committee (DPC) is responsible for the following: (i) extension of support for updating and preparation as well as implementation of the RP/REMDP; (ii) issue land acquisition decisions and/or represent PPC to issue land acquisition decisions (if authorized) for the affected households and organizations; (iii) review and submit the RP/REMDP to PPC as endorsed by CARBs; (iv) review the accuracy of and validate the cost estimates for compensation and assistance; (v) acquisition of Land Use Rights Certificates (LURCs) for households and individuals who have lands and/or houses entirely-recovered; (vi) adjustment of LURCs for households and individuals whose lands and houses have been partially affected; (vii) assist in the redress of complaints and grievance of APs/AHs; (viii) concurrence with the schedule of RP/REMDP implementation and monitor the progress thereon; (ix) mobilization of the CARB that will appraise the compensation and assistance to APs/AHs; as well as (x) the provisions of lands to APs, as needed.

132. District/City Compensation, Assistance and Resettlement Board (DCARB). The responsibilities of the DCARB are the following: (i) organize and carry out resettlement activities in the district/city on behalf of the DPC; (ii) assist in the DMS, public consultations and disclosure activities; (iii) review and submit to DPC the proposed compensation, assistance and resettlement alternatives; (iv) assist in the identification and allocation of land for the APs/AHs, as needed; (v) along with the CPC, assist SPMB in the timely delivery of compensation payment and other entitlements to APs; and (vi) assist in the resolution of complaints and grievances:

133. Commune People’s Committee (CPC) will assist the SPMB and the DCARB in the following tasks: (i) inform 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/REMDP; (ii) maintain a list of eligible APs after the DMS has been conducted; (iii) assign commune officials to extend assistance in the updating and/or preparation, as well as the implementation, of the RP/REMDP; (iv) identify replacement lands for the APs, as needed; (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.

9.4. Project Implementation Consultants

134. The Project implementation consultant (PIC) includes a national resettlement consultant to assist in the updating and implementation of the RP/REMDP.

9.5. Implementation Schedule of Resettlement

135. Table below is a schedule of RP planning and implementation.

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Table 25: Project implementation schedule

Activities Time frame

NPT to endorse the RP to ADB for concurrence June 2015

Distribution of PIB to AHs and posting of RP in relevant government offices and on ADB website

June 2015

ADB no-objection to RP and approval of subproject July 2015

Conduct of DMS, replacement cost study (RCS) and RP updating May-July 2017

NPT to submit the draft updated RP to PPC for approval November 2018

NPT to endorse the updated RP to ADB for concurrence November 2018

Internal monitoring (requires submission of quarterly and semi-annual reports) Start in 2017

Start of external monitoring (requires semi-annual monitoring reports) Start in 2017

SPMB preparation and submission of DDR and CAP July 2017

ADB no-objection to updated RP and posting of updated RP Mar-Apr 2019

Start of RP implementation May 2019

Post-resettlement implementation evaluation (6 months after completion of RP implementation)

2020

70

11. MONITORING AND REPORTING

136. 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.

11.1. Monitoring and Reporting

137. The objectives of monitoring and evaluation are to (i) ensure that the standards of living of APs are restored or improved; (ii) monitor whether the time lines are being met; (iii) assess if compensation and rehabilitation measures are sufficient; (iv) identify problems or potential problems; and (v) identify methods of responding immediately to mitigate problems.

11.2. Internal Monitoring

138. SPMB will conduct internal monitoring of RP updating and implementation and will include its findings in the quarterly project progress report and quarterly and semi-annual safeguard monitoring report it submits to NPT and ADB. Gender-disaggregated monitoring data will be collected and analyzed. Internal monitoring will cover the following concerns:

a. Payment of compensation, relocation to new sites, and rehabilitation assistance being in place before the issuance of notice to proceed for construction.

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

c. Delivery of technical assistance, relocation, payment of subsistence and other allowances.

d. Delivery of income restoration and social support entitlements.

e. Public information dissemination and consultation procedures.

f. Adherence to grievance procedures and outstanding issues requiring management’s attention.

g. Coordination and completion of resettlement activities and award of civil works contract.

11.3. External Monitoring

139. The key objectives of external monitoring and evaluation are to: (i) assess whether or not resettlement objectives have been met, specifically the restoration of livelihoods and the enhancement of affected persons’ living standards; (ii) assess resettlement efficiency, effectiveness, impact and sustainability; and (iii) identify further mitigation measures as needed. External monitoring will be carried every 6 months. The external monitoring agency (EMA) will submit it monitoring report directly to NPT and ADB. The EMA will look into the following concerns:

a. Capacity of affected persons to restore livelihoods and living standards. This will include assessment on the effectiveness and/or inadequacy of technical assistance, allowances and other measures, and to what extent the affected persons have maintained their livelihoods and living standards to pre-project levels.

b. Public consultation and awareness of resettlement plan policies. EMA will validate if the affected persons have been fully informed and consulted about land acquisition and relocation activities. It will also inquire the affected persons and other stakeholders if they were aware of the compensation and entitlements policies and

71

various options available to affected persons. Included in EMA’s validation is the process on how the public consultations were conducted, the problems and issues raised during the meeting and the solutions proposed either by the affected persons and stakeholders or from the side of NPT/SPMB.

c. Level of affected persons’ satisfaction. EMA will assess the APs’ level of satisfaction on compensation, allowances and assistance received as well as on resettlement plan implementation, and the degree of efficiency and equity in handling grievances and resolution of complaints.

d. Change in living standards. Some indicators in the performance evaluation of resettlement plan implementation are very useful in assessing the living standards of the affected persons, including basic information on affected households, restoration of living standards and livelihoods, level of satisfaction of the affected persons, and effectiveness of resettlement planning. From the indicators, EMA will compare and assess the progress of affected persons in coping with the restoration of their livelihoods that define their living standards. Special attention to disparities between their pre-project and post-resettlement social conditions will be analyzed, and disaggregated by gender and per capita income levels. Any factors or issues relevant to restoration of the affected persons’ living standards will be disclosed in the social impact evaluation report. The EMA will discuss its findings with the ADB and advice follow-up actions, where appropriate, to bring to closure the social issues arising from land acquisition and resettlement.

140. The EMA will likewise conduct an assessment of resettlement 6 to 12 months after completion of RP implementation.

72

Annex 1 SES Questionnaire

Socio Economic Survey and Inventory of Losses Questionnaire

Project: 500 kV My Tho - Duc Hoa transmission line

Questionnaire code: ___/___/___; Survey date: ____ /__ /____

A-BACKGROUND INFO

1. Name of head of household: TTTTTTTTTTTT...TTTAgeTT.. Gender: [ ] (Male=1; female=2)

a) Ethnicity: [ ] (1=Kinh; 2=Kho Me; 3=Cham; 4=Hoa; 5=Others)

b) Education Level: [ ] (1=Illiterate; 2=Primary school; 3=Secondary school; 4= Yet graduated from high school; 5=High school;

6=Vocational training; 7=University and post graduate; 8=Others)

c) Main occupation: [ ] (1= Agriculture; 2=Livestock husbandry; 3=Business; 4=Factory worker; 5=official; 6=private company;

7=Retired; 8= season employee 9=driver 10= receive economic support from relatives; 11=receive economic support from state ; 12=housewife; 13=Others

d) Secondary jobs: [ ] (1=Livestock husbandry; 2=perennial crops; 3=aquaculture; 4=handicraft; 5=forestry; 6=small business;

7=mechanic)

2. Home address: Village: .............................. Commune: ..............................District.......................Province.............

3. Vulnerable group: [ ] (Woman headed=1; Ethnic minority=2; Disabled=3; Poor household=4; Social policy household=5)

B. SOCIO-ECONOMIC SURVEY

4. Household component (including head of household)

No. Name

Gender

Relation to the

household head

Age

Ethnicity Main Occupation Education level (7 and above)

1=Male 2=Female

0=head 1=Husband/wife 2=Father/mother 3=Son/daughter 4=Son-in-law/ Daughter-in-law 5=Grand child 6=Others

1=Kinh; 2=Kho Me; 3=Cham; 4=Hoa; 5=Others

1= Agriculture; 2=Livestock husbandry; 3=Business; 4=Factory worker; 5=official; 6=private company; 7=Retired; 8= season employee 9=driver 10= receive economic support from relatives; 11=receive economic support from state ; 12=housewife; 13=Others

1=Illiterate; 2=Primary school; 3=Secondary school; 4= Yet graduated from high school; 5=High school; 6=Vocational training; 7=University and post graduate; 8=Others

1

2

3

4

5

6

7

8

9

6. Access to public facilities

73

Facilities/Social service 1.Yes 2.No 1= under 1

km 2= from 1 to 2

km 3= from 2 to 5

km 4= over 5

km a. Health service 1. Communal health center 2. Hospital/General Clinic 3. Private medical center 4. Pharmacy b. Market c. Kindergarten and school 5. Kindergarten 6. Primary school 7. Secondary school 8. High school 9. Community college/Vocational training

d. Other community facilities 10. Cultural communal house

11. Pagodas, temples, churches

12. Sport center, stadium 7. Water use: water sources for domestic use (tick the corresponding bracket)

1) Dug well [ ] 2) Village well [ ] 3) Tap water [ ] 4) Rain water [ ] 5) River, stream, pond,

lake [ ] 6) Buy water [ ]

7) Creek [ ] 8) Others [ ] 8. Main energy for lighting for household?

1) Grid electricity [ ] 2) Power generator/hydropower

[ ]

3) Battery [ ] 4) Kerosene lamp [ ] 5) Wood/coal [ ] 6) Others [ ]

9. Main energy for cooking of the household? (Can select more than 1)

1) Electricity [ ] 2) Biogas [ ] 3) Power generator [ ] 4) Others [ ] 5) Gas/oil [ ] 6) No answer [ ] 7) Wood [ ]

10. Common diseases among the community (specify) 1. Catch a cold [ ] 2. Dysentery [ ]

3. Influenza [ ] 4. Hepatitis [ ] 1) Respiratory diseases [ ] 2) Intoxicated [ ] 3) Malaria [ ] 4) Others [ ] 5) Cholera [ ] 6) No answer [ ]

11. Annual household income: LLLLLL. VND Main household income sources are from: Agricultural production activities Amount _______________________VND Business Amount _______________________VND Salary Amount _______________________VND Other sources (for example, overseas remittances)

Amount _______________________VND

12. Annual household expense: LLLLLL. VND For food Amount _______________________VND For health Amount _______________________VND

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For education Amount _______________________VND

For housing and living facilities Amount _______________________VND Other (detail) Amount _______________________VND

13. Has the living condition of the household changed during the last 3 years? 1) Remain the same [ ]; Reason

_________________________________________________ 2) Better [ ]; Reason:

________________________________________________________ 3) Worse [ ]; Reason:

_______________________________________________________

C. CONSULTATION

1. Only for households losing productive and agricultural land

If agricultural or other productive lands are affected (acquired), which compensation option does your family chooses?

a) Land-for-land (if land fund in the commune is available) with equal type of land and area/nature [ ]

b) Compensation in cash [ ]

c) Not yet decided [ ]

1. Only for households losing residential land Is the remaining residential land area out of the project area enough for the household to rebuild house?

1- Yes [ ] 2- No [ ] 2. Only for households losing residential land

If the remaining residential land area is not viable to rebuild house (the remaining area is smaller than 40m2 in the urban area or 100m2 in the rural area), which relocation option does the household choose?

a) Self-relocate to another land plot of the household [ ] b) Self-relocate to another place decided by the household [ ] c) Project’s resettlement site [ ] d) Move to the resettlement site arranged by the local authorities [ ] e) Not yet decided [ ]

3. What is your plan to use compensation cash? a) Build or repair house [ ] b) Buy new land [ ] c) Buy other properties [ ] ; Specify________________ d) Invest in small business [ ] e) Bank saving [ ] f) Spend on children’s study [ ] g) Others [ ]

Describe____________________

4. At present does the family have plan to replace production/income from agricultural land and/or restore business?

1. No [ ] 2. Yes: [ ] If yes, what is the plan:

a) Buy new agricultural land for production [ ] b) Reestablish business in the new place [ ] c) Business [ ] d) Open small shop [ ]

75

e) Handicraft [ ] f) Look for new job [ ] g) Others [ ] Describe

___________

Surveyor On behalf of the household

76

Annex 2 Master List of AHs

[This information has been removed as it falls within exceptions to disclosure specified in exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB’s Access to Information Policy 2018.]

77

Annex 3 Public Consultation Meeting Minutes

Decision No 4422/QD-UBND dated 14 December 2018 on compensation assistance and resettlement of Ben Luc Distric;

79

English Translation: BEN LUC DISTRICT

PEOPLE’S COMMITTEE SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom - Happiness

No: 4422/QD-UBND

Ben Luc District, 14th December 2018

DECISION ON

Reapproving the compensation, assistance plan for site clearance for

implementation of 500kV My Tho – Duc Hoa TL project, location: Thanh Loi Commune,

Ben Luc District (1st installment)

Pursuant to Law on Organizing the Local Government dated June 19, 2015;

Pursuant to Land Law dated November 29, 2013;

Pursuant to Decree No.14/2014/ND-CP dated February 26, 2014 by GoV stipulating in detail of Electricity Law regarding electricity safety;

Pursuant to Decree No. 47/2014/ND-CP, dated May 15, 2014 by the Government on compensation, assistance, and resettlement in the event of land recovery by the State;

Pursuant to Decision No. 09/2018/QD-UBND, dated March 20, 2018 by Long An PPC on compensation, assistance, and resettlement upon land recovery by the state in the territory of Long An Province;

Pursuant to Decision No.1439/QD-UBND dated June 27, 2018 by Ben Luc DPC on approving compensation, assistance plan for site clearance for implementation of 500kV My Tho – Duc Hoa TL project, location: Thanh Loi Commune, Ben Luc District (1st installment);

Pursuant to compensation, assistance plans to implement site clearance for implementation of 500kV My Tho – Duc Hoa TL project, location: Thanh Loi Commune, Ben Luc District (1st installment) No.33/PA.BT.HT.TDC dated December 10, 2018 by Ben Luc District Compensation, Assistance and Resettlement Board.

DECISION ON:

Article 1. reapproving compensation, assistance plan for site clearance for implementation of 500kV My Tho – Duc Hoa TL project, location: Thanh Loi Commune, Ben Luc District (1st installment), specifically:

- Total affected and acquired land area under the Right-of-Way: 243,694.4m2. Including:

+ Area for tower foundations: 10,742.4m2.

+ Area under Right-of-Way: 232,952m2.

- Total cases of compensation and assistance: 141 cases.

- Total compensation, assistance costs: 31,000,000,000 (thirty one billion dong). Including:

+ Compensation, assistance for land: 8,730,754,023 VND

+ Compensation, assistance for assets attached to 3,054,083,229 VND

80

land:

+ Other assistances: 18,137,660,848 VND

+ Costs for land acquisition implementation: 598,449,962 VND

+ Contingency costs: 479,051,938 VND

Article 2. Budget source: arranged by Southern Power Projects Management Board.

Article 3. Chief of Office of District People’s Committee-People’s Council, Manager of Division of Natural Resources and Environment, Manager of Division of Finance – Planning, Manager of Division of Economy – Infrastructure, Director of District Construction Investment Project Management Unit, Director of Southern Power Projects Management Board, President of Thanh Loi CPC and leaders of relevant agencies are responsible for implementing this Decision.

This Decision is replacement of Decision No.1439/QD-UBND dated June 27, 2018 by Ben Luc DPC and effective from the date of signing.

Receipt:

- President – Vice president

- As Article 3; - Saved

ON BEHAFL OF PEOPLE’S COMMITTEE

VICE PRESIDENT

(Signed and sealed)

Mr. Le Thanh Ut

81

Meeting minutes on the compensation policies and distribution of inventory claims to the affected households under the 500kV My Tho – Duc Hoa transmission line, section passing Thanh Loi Commune, Ben Luc District (dated 5 July 2017)

83

English translation of the meeting minute dated 5 July 2017

THANH LOI COMMUNAL PEOPLE’S COMMITTEE

SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness

Ben Luc District, 5th July 2017

MEETING MINUTES

On the compensation policies and distribution of inventory claims to the affected households under the 500kV My Tho – Duc Hoa transmission line, section passing Thanh Loi

Commune, Ben Luc District.

Today, at 14h00 on July 5, 2017, Land Fund Development Center at Ben Luc District.

A. Participants including:

1/. Representatives of Land Fund Development Center at Ben Luc District:

- Mr. Nguyen Xuan Hoat Position: Vice Director - Mr. Pham Van Dung Position: Staff - Mr. Tran Hoang Huan Position: Staff

2./. Representatives of Thanh Loi CPC:

- Mr. Nguyen Hong Tam Position: President - Mr. Le Van Kiet Position: Vice president - Mrs. Tran Thi Kim Tuyen Position: Cadastral officer

And participated households with attached list.

B. Contents:

At the beginning of the meeting, Mr. Le Hong Tam, President of Thanh Loi CPC, introduces participants and contents of the meeting.

Mr. Pham Van Dung (Staff of LFDC at Ben Luc District) announces Document No.3362/UBND-KT dated September 13, 2013 by Long An PPC on agreement on alignment of 500kV My Tho – Duc Hoa TL section passing Long An Province and Notice No. 312/CNTTPTQĐBL dated July 04, 2017 by Land Fund Development Center at Ben Luc District on land acquisition for site clearance to construct 500V My Tho – Duc Hoa TL section passing Thanh Loi Commune, Ben Luc District.

Staffs of Ben Luc District LFDC distribute announcement on land acquisition issued by Ben Luc DPC to households, individuals affected by land acquisition for foundation.

Distributing self-inventory form on land and assets attached to land within scope of site clearance for 500kV My Tho – Duc Hoa TL in Thanh Loi Commune, Ben Luc District to participated households and individuals.

At the meeting, issues related to policy on compensation and assistance are discussed and answered for households to understand.

Trees with height over 3m will be compensated while trees under 3m will be not affected.

Land under ROW will be provided support equal to 30% of land price of compensation and assistance for foundation.

It is requested that affected households return the self-inventory form with relevant papers to facilitate the DMS process.

Mr. Nguyen Hong Tam (President of CPC) closes the meeting.

The Minute ends at 15h30 on the same day./.

84

Representative of Thanh Loi CPC

Mr. Nguyen Hong Tam

(signed and sealed)

Representative of Land Fund Development Center at Ben Luc District

Mr. Nguyen Xuan Hoat

(singed)

Recorder

Mrs. Le Thi Kim Duyen

(signed)

Representative of affected households

Mr. Cao Van Truong

(signed)

89

Meeting Minutes on disclosure of decision approving compensation, assistance, and resettlement rates and distribution of detailed calculation of the compensation value for the 500 kV My Tho-Duc Hoa TL in Thanh Loi Commune, Ben Luc District (24 April 2018)

92

English translation of the meeting minute dated 24 April 2018


SOCIALIST REPUBLIC OF VIETNAM


Ben Luc District, 24th April 2018

MEETING MINUTES

On disclosure of decision approving compensation, assistance, and resettlement rates and distribution of detailed calculation of the compensation value for the 500 kV My Tho-Duc

Hoa TL in Thanh Loi Commune, Ben Luc District.

Today, at 15h00 on April 24, 2017, Land Fund Development Center at Ben Luc District.


1/. Representatives of Land Fund Development Center at Ben Luc District:

- Mr. Nguyen Xuan Hoat Position: Vice Director - Mr. Pham Van Dung Position: Staff - Mr. Tran Hoang Huan Position: Staff


- Mr. Nguyen Hong Tam Position: President

3/. Representatives of Project Owner:

- Mr. Truong Duy Thanh Position: Deputy Manager of Compensation Division of SPMB


B. Contents:

At the beginning of the meeting, Mr. Le Hong Tam, President of Thanh Loi CPC, introduces participants and contents of the meeting.

Mr. Pham Van Dung (Staff of LFDC at Ben Luc District) reports implementation progress of the Project and announces Decision No.10/QD-UBND dated January 03, 2018 by Long An PPC on approving compensation for assets attached on land and assistance rate by cash for site clearance to construct 500kV My Tho – Duc Hoa TL section passing Thanh Loi Commune, Ben Luc District and Decision No. 1032/QD-UBND dated April 02, 2018 by Long An PPC on reapproving coefficient of land price adjustment, compensation and assistance policy for site clearance to construct 500kV My Tho – Duc Hoa TL section passing Thanh Loi Commune, Ben Luc District. At the same time, LFDC cooperates with Thanh Loi CPC to publicly post documents at Thanh Loi CPC.

Staffs of Ben Luc District LFDC distribute calculations and expression tests on calculation of the compensation and assistance to participated households (attached list). It is requested that households write the comments and return them by April 27, 2018 for Ben Luc District LFDC to collect and report to Ben Luc DPC.

Mr. Nguyen Xuan Hoat (Vice Director of Ben Luc District LFDC) presents the price application for compensation, assistance for land and assets attached to land.

* Comments of households, individuals:

Mr. Nguyen Xuan Hoat (representative of Ben Luc District LFDC) answers issues related to price unit on compensation, assistance for land and houses under ROW.

Regrading houses under ROW: houses must be relocated and considered to be provided resettlement assistance as regulated.

93

Regarding alignment of the TL: do not change, as approved alignment.

Regrading price unit for compensation, assistance for land: according to Decision on approving price unit for compensation, assistance and resettlement approved by PPC.



Mr. Nguyen Hong Tam

(signed and sealed)

Representative of Land Fund Development Center at Ben Luc District

Mr. Nguyen Xuan Hoat

(singed)

Recorder

Mr. Tran Hoang Huan

(signed)


Mr. Nguyen Van Dinh

(signed)

Representative of SPMB

Mr. Truong Duy Thai

(signed)

100

Meeting Minutes on distribution of compensation and assistance dossiers of the 500 kV My Tho-Duc Hoa TL in Thanh Loi Commune, Ben Luc District (18 July 2018).

102

English translation of the meeting minute dated 18 July 2018




Ben Luc District, 18th July 2018

MEETING MINUTES

On distribution of compensation and assistance dossiers of the 500 kV My Tho-Duc Hoa TL in Thanh Loi Commune, Ben Luc District.

Today, at 8h30 on July 18, 2018. At office of Thanh Loi CPC.


1/. Representatives of Ben Luc District Construction and investment project management unit:

- Mr. Tran Kien Trung Position: Officer - Mr. Pham Van Dung Position: Officer


- Mr. Nguyen Hong Tam Position: President

3/. Representatives of Project Owner:

- Mr. Truong Duy Thanh Position: Deputy Manager of Compensation Division of SPMB


B. Contents:

At the beginning of the meeting, representative of Thanh Loi CPC, introduces participants and contents of the meeting.

Officer of District Construction and investment project management unit distributes compensation and assistance dossiers to participated households and individuals (attached list). The dossier includes: Decision on land acquisition (land acquisition for foundation), Decision on approving compensation, assistance value, calculation and registration form on receiving compensation and assistance.

Mr. Pham Van Dung, representative of District Construction and investment project management unit, announces Decision No.1439/QD-UBND dated June 27, 2018 by Ben Luc DPC on approving Compensation, assistance plan for site clearance to construct 500kV My Tho – Duc Hoa TL section passing Thanh Loi Commune, Ben Luc District (the 1st installment) and guides households on filling in registration form on receiving compensation and assistance. It is requested that households return the registration form to head village or One-stop-shop of Thanh Loi CPC by July 20, 2018 (Friday) then District Construction and investment project management unit will report to Ben Luc DPC.

Representative of Thanh Loi CPC, Mr. Nguyen Hong Tam (President of CPC) closes the meeting.



Mr. Nguyen Hong Tam

Representative of District Construction and investment project management unit

103

(signed and sealed) Mr. Tran Kien Trung

(singed)

Recorder

Mrs. Le Thi Kim Tuyen

(signed)


Mr. Tran Van Nghia

Mrs. Nguyen Thi Phuong

(signed)

Representative of SPMB

Mr. Truong Duy Thanh

(signed)

109

Annex 4. List of AH who received the advance compensation

List of AH who received the advance compensation

(Project: 500kV My Tho - Duc Hoa Transmission line- Ben Luc District part)

No. Locatio

n Time of payment

Household head Compensation Amount (VND)

Fully compensation

I Thanh Loi Commune, Ben Luc District, Long An Province 968,235,000

1 T83 April, 2017 Nguyễn Văn Linh 50,000,000

2 T86 April, 2017 Lê Thị Lá 100,000,000

3 T87 April, 2017 Nguyễn Minh Long 30,000,000

4 T88

August, 2017 Nguyên Văn Ba 24,500,000

5 August, 2017 Nguyễn.T.Kiều Nga 20,000,000

6 T92 May, 2017 Võ Văn Nhạt 46,400,000

7 T93

July, 2017 Trân Khăc Chung 15,000,000

8 July, 2017 Nguyên.T.N.Dung 27,000,000

9 T94

May, 2017 Lê Thi Thu Dung 18,400,000

10 May, 2017 Nguyễn Văn Vũ 16,750,000

11

T95

May, 2017 Huynh Văn Khanh 65,450,000

12 May, 2017 Huynh Văn Tuân 22,400,000

13 June, 2017 Huynh Hữu Như 33,600,000

14 T96

April, 2017 Nguyên Thi Châu 45,500,000

15 April, 2017 Vo Thanh Nhân 3,850,000

16 T97

April, 2017 Nguyên Văn Đi nh 10,000,000

17 April, 2017 Nguyên Văn Thơ 18,500,000

18 T98

May, 2017 Huynh Văn Cường (Chín Dậu) 30,000,000

19 May, 2017 Nguyên Văn Lâm 23,500,000

20

T99

May, 2017 La Diêu Vinh 20,500,000

21 May, 2017

Nguyên Văn Rinh 67,300,000

22 Ha Thi Gai

23 T 102 April, 2017 Nguyên Thi Ngào 55,520,000

24 T103 June, 2017 Trân Thi Thi a 13,700,000

25 T106

April, 2017 Nguyên Nhât Lênh 30,000,000

26 April, 2017 Nguyên Ngoc Khai 3,365,000

27 T107

April, 2017 Nguyên Văn Lợi 40,000,000

28 April, 2017 Thái Thị Dung 23,000,000

29 T108 May, 2017 Hô Văn Đực 12,000,000

30 T109 May, 2017 Tri nh Thi Nữa 12,000,000

31 T110 April, 2017 Nguyên Văn Ha 90,000,000

Total 968,235,000

112

Enlish translation

Working minute with the Construction unit


Independence – Freedom – Happiness

WORKING MINUTES

Construction: 500kV My Tho – Duc Hoa Transmission Line Project

Today, at 10h30 on December 11, 2017 at House of Mr. Chung

Participants:

I. Representative of Commune People’s Committee

II. Representative of household

Mr. Tran Khac Chung – owner of location no.93

III. Representative of construction unit

1. Mr. Le Van An – Compensation officer of VNECO

2. Mr. Cao Xuan Tuan Anh – Compensation officer of VNECO

IV. Contents:

After meeting with households to present construction activities, the construction unit asked the households to hand over the site early for the construction to work as scheduled. After the discussion, household of Mr. Tran Khac Chung agrees as following:

1) Agree to hand over the site of 40m2 of map sheet no.28, land plot no.41 in Hamlet 4, Thanh Loi Commune, Ben Luc District, Long An Province to construction unit for construction.

2) The construction unit is responsible for DMS implementation, price application and payment to the landowner within the scope of land borrowed for the construction and trees and standing crops on this land area.

The Construction unit commits to the households as following:

1) Pay compensation for crops affected by the construction to the household prior the construction.

2) After completing the construction, the construction unit will return the site as original condition for the households to continue cultivation.

The Minute ends at 11h30 on the same day. Participants agreed and signed./.

REPRESENTATIVE OF CONSTRUCTION UNIT

(Signed)

REPRESENTATIVE OF THE HOUSEHOLD

(signed)

113

Annex 5. Project Information Brochure

1. Name of the Project: 500 kV My Tho- Duc Hoa Transmission Line

2. Executing agency: National Power Transmission Corporation (NPT)

3. Representative of the executing agency: Southern Vietnam Power Project Management Board (SPMB)

Question 1: What is the 500 kV My Tho- Duc Hoa Transmission Line Project?

Answer: The 500 kV My Tho- Duc Hoa Transmission Line Project is for Tranche 3 of the Power Transmission Investment Program of the Government of Vietnam. The Projects shall be financed through the Multi-Financing Facility (MFF) of Asian Development Bank (ADB). Construction of the 500kV My Tho – Duc Hoa TLs is constructed to share electricity capacity with the power plants in the Western South (including Duyen Hai, Long Phu, O Mon, Song Hau etc.); Provide electricity to Ho Chi Minh city; Reduce loss for all electrical system; and create 500kV cyclic circuit to provide stable electricity to additional charge of the South in general and the Western South in particular.

Question 2: How will 500 kV My Tho - Duc Hoa TLs Project affect local communities?

Answer: According to the Decree No. 14/2014/ND-CP dated 26/02/2014 on the safety protection of high voltage power grid, the Project will cause the following impacts:

- Permanent acquisitions of lands for the construction of tower foundations;

- Restrictions on land use activities under the ROWs;

- Permanently cut down trees on the affected land area;

- Relocation of houses and structures under the ROW of the 500 kV TL.

Details of impacts:

A total of 117 households have impact by the tower foundations and ROW of the TL in Ben Luc district. The 203,767.6 m2 of landholdings will not be acquired, but since they are in the 32 m wide right-of-way (ROW) of the transmission line, their continued use will be regulated for safety reasons. A total of 27,034.6 m2 of growing rice land; 552.3m2 residential land and 156,219.5m2 perennial land and production forest land are affected, in addition to 28,570 timber and fruit trees, were found during the DMS. The trees will have to be cut but farmers may continue planting annual crops in the ROW. Moreover, 5 houses, in addition to a number of secondary structures, such as kitchens; latrines/bathrooms; warehouses, rice mill, pavement, corridors, animal shelters; wells, and water tanks, under the 500 kV My Tho - Duc Hoa TL will have to be relocated outside of the ROW for safety reasons.

Question 3: What is the main objective of resettlement plan?

Answer: The main objective of the Resettlement Plan is to ensure that all APs 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: (i) In case the subproject acquires more land of the households, you will be offered a choice of replacement land as priority of equal area and productive capacity at a location acceptable to you OR cash compensation at replacement value at current market prices.

(ii) In case the affected land is leased land, the value of land shall not be compensated but the investment costs in land will be compensated.

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 APs from receiving compensation, allowances and rehabilitation assistance. Those APs who possess a land use rights certificate (LURC) or any other form of written 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 affected land will be compensated for the assets on affected land.

Question 6: Is the compensation applied for affected houses and structures?

Answer: Yes. Compensation will be applied for all affected assets including houses, stores, wells, and fences as well as other fixed assets at replacement value at current market prices without any deductions for building depreciation or salvageable building materials. This will ensure that the

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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: (i) Permanently affected crops and trees will be compensated in cash at current market prices.

(ii) As for trees and crops temporarily affected during construction period:

- Compensation for non-harvested crops will be based on the time of impacts and the average production in the past 3 years.

- Trees and crops will be compensated at market prices at the time of land acquisition.

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 APs to ensure that their standard of living is maintained or improved after the Project. Eligible APs for rehabilitation assistance include:

• Some affected households: these households losing more than 10% of their productive landholdings will receive the following assistances: (i) life stabilization allowances; (ii) income restoration allowances and provision of technical assistance and agricultural extension techniques to improve output in the remaining area, existing credit programs or employments related to the project;

• Households that relocate shall receive (i) relocation allowances; (ii) assistances to mobilize life during transition period; (iii) rental allowances at market prices. Assistance levels are identified clearly in the project policies.

• 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 three months. Owners of registered businesses will receive cash compensation equal to 30% of their taxed income of one year. The annual taxed income is determined in the financial reports of the previous three years.

• Employees and hired labors 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.

• Job changing allowances: As for the affected households who have or have not registered for LURC after resettlement and do not have job, if you are in the working age, you can participate in a vocational training in the area without tuition fee.

Question 9: Does that mean that anybody in our community can claim for compensation?

Answer: No. Entitled APs are those persons or households that will lose land or property based on the detailed measurement survey (DMS) that will be conducted following completion of the final designs for the subproject. Affected communes and local authorities will be informed of the cut-off date (the date of DMS) for the subproject.

Question 10: 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, 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 provincial court if the APs are not satisfied with the decision of lower levels. APs will be exempted from all taxes, administrative and legal fees.

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.

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Question 12: As a resident in the project area, how can I help?

Answer: We would like you to participate in all consultation meetings and other subproject 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 13: How will you know if the objectives of this project are met?

Answer: NPT through SPMB will ensure internal monitoring all Project activities. In addition, SPMB 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 SPMB 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 – Please contact the PCARCs and DCARCs where you live:

1. Southern Power Management Board – Devision of Compensation and Land Clearance (SPMB),

Address: 610 Vo Van Kiet Street Ho Chi Minh city

Person in charge: Truong Duy Thanh Tel: 0918291774

2. Ben Luc District Construction and Investment Project management Unit; Address: Ben Luc town

Person in charge: Tran Tien Trung.Tel: 0918250234

for upload urp 500kv my tho duc hoa tl ben luc districtthe ahs will be informed of the cut-off date...

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