ELECTRICITY OF VIETN.+litI POWER COMPANY N"1 POWER CONSTRUCTION CONSULTING CENTER NO1 Public Disclosure Authorized
VOL. 7
VIETNAM ADDITIONAL FINANCING TO RURAL ENERGY 2 PROJECT
Public Disclosure Authorized HUNG YEN PROVINCE Public Disclosure Authorized VOLUME 3 RESETTLEMENT PLAN
-.- Public Disclosure Authorized
- ELECTRICITY OF VIETNAM - POWER COMPANY NO1 POWER CONSTRUCTION CONSULTING CENTER NO1
VIETNAM ADDITIONAL FINANCING TO RURAL ENERGY 2 PROJECT HUNG YEN PROVINCE INVESTMENT CONSTRUCTION FILE
VOLUME 3 RESETTLEMENT PLAN
HEAD OF OFFICE: VU DUY TRAl 7- -9-- / HEAD OF SUB PROJECT: LE KIM DUNG
Hanoi, date month 12 year 2008 POWER. CONSTRUCTION CONSULTING CENTER ~"1
I LUC I
Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
Table of Content
Table of'cbntent ...... 1
Executive summary ...... 5 1 . Introduction ...... 5 1.1. Project objective ...... 5 1.2 Policy Framework ...... 5 1.3 Principle and objective ...... 5 I .4 Project description ...... 6 2 . Institutional and legal framework ...... 6 2.1 Institutional framework ...... 6 2.1, .. Legal Framework ...... 6 3 . Entitlement policy ...... 7 4 . Mitigation measures...... 7 5 . People's Particlpatlon ...... 7 6 . Baseline information ...... 7 6.1 Data gathering activities ...... 7 6.2 Socio-economic surveys ...... 8 6.3 Overview on Hung Yen Province ...... 8 6.4 Census and Inventory ...... ;I 7 . Project impacts ...... 9 7.1 Project Impacted People ...... 9 7.2 Project impacted assets ...... 10 7.3 Mitigation measures ...... 11 8 . Implementation arrangement...... 11 8.1 Implementation schedule ...... 11 . . 8.2 Instltutlon arrangements ...... 12 8.3 Complaint and grievances ...... 12 8.4 Supervision, monitoring and evaluation ...... 13 9 . Costs and budget ...... 13 9.1 Cost estimate ...... 13 10. Disclosure ...... 13 Chapter I Introduction ...... 14 1.1 Introduction ...... 14 1 . 1 . 1 Project objective ...... 14 1.1.2 Projectscale ...... 14 1.2 Policy Framework...... 15 1.3 Principles and Objectives ...... 15 1.4 Overall project description ...... 15 1.4.1 . Project components ...... : ...... 15 1.4.2. Project efficiency ...... 16 1 .4.3. Project impacts ...... 16 1.4.4. Mitigationmeasures ...... 17 . Chapter I1 Institutional and legal framework ...... 18
! Power Company I Power Construction Consulting Center No 1 .Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
2.1. Institutional framework ...... 18 2.1 . 1 Overall responsibility ...... 18 2.1.2 Detail Responsibility ...... 18 2.2. Legal framework ...... 22 2.2.1 Vietnamese laws ...... 22 2.2.2 .World bank policies ...... 25 2.2.3 / . Comparison of GOV and WB approaches ...... 27 2.2.4 Required waivers ...... 28 2.3. Definition of Eligibility and Limitation to Eligibility ...... 31 2.4. Resettlement and compensation principles ...... 31 2.5. Eligibility to compensation entitlement ...... 32 2.6. • Compensation policy ...... 33 Chapter 111 Entitlement Policy ...... 34 3.1 Impact categories ...... 34 3.1 . 1 Temporary impact within ROW ...... 34 3.1.2 Permanent impact ...... 34 3.2 '-Entitlement ...... 35 3.2.1 Eligibility and Limitation to Eligibility ...... 35 3.2.2 Eligibility to compensation entitlement...... 36 3.2.3 Resettlement and compensation principles ...... 36 3.2.4 Compensation policy ...... 37 3.2.5 Compensation Entitlement by Categories ...... 38 3.2.6 Allowances and assistailces ...... 40 3.2.7 Voluntary donation ...... 42
Chapter IV Mitigation measures ...... 43 4.1 Mitigation measures ...... 43 4.2 Measures to minimize land acquisition and losses ...... 43 4.2.1 Consultation and participation ...... 43 4.2.2 Impact limitation measures in design stage ...... 43 4.2.3 Impact mitigation measures in construction stage ...... 44 4.3. . Result of mitigation measures ...... 44 Chapter V People's participation...... 46 5.1 Community meetings ...... 46 5.2 Plrase I: Information campaign. DPs and-agency consultation during resettlement planning and RP preparation ...... 46 5.3 Plrase 2: Information campaign and consultation during resettlement implementation ...... 46 Chapter VI Baseline information ...... 49 6.1 Data gathering activities ...... 49 6.2 Geography position and natural resource ...... 49 6.3 Socio-economic investigation ...... 51 6.3.1 Agriculture and forestry ...... 51 6.3.2 Industry and handicraft ...... 51 6.3.3 Trade and tourist ...... 51 6.3.4 Population ...... 51 6.3.5 Land ...... 5-1 6.3.6 Education ...... - 51
C@ Power Company 1 .2- Power Construction Consulting Center No I .Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
6.3.7 Healthcare ...... 52 6.3.8 Income ...... :...... 52 6.3.9 Census and Inventory ...... 52
Chapter VII Project Impacts ...... 54 7.1 Pjqject impacts ...... 54 7.2 Displaced persons ...... 54 7.3 Types of impacts ...... 56 7.4 Affected people classified by types ...... 60
Chapter VIII Implementation arrangement ...... 62 8.1 Measures for project implementation ...... 62 8.1.1 Announcement to DPs ...... 62 8.1.2 Compensation deadlines ...... 62 8.1.3 Resettlement and Clearance deadline ...... 62 8.2 RP implementation actions ...... 62
8.3 .- -.Implementation schedule ...... 63 8.4 Staffing for RP implementation ...... 64 8.4.1 Proposed staffing for RP implementation ...... 64 8.4.2 Training and workshop ...... 65 8.5 Grievance and appeals ...... 66 8.6 Monitoring and supervision ...... 67 8.6.1 Internal monitoring ...... 67 8.6.2 External monitoring ...... 68 Chapter IX Costs and budgets ...... 70 9.1 Budgets ...... 70 9.2 Compensation cost estimate ...... 70 9.3 Compensation unit price ...... 70 9.3.1 Compensation units prices for structures ...... 71 9.3.2 Compensation unit price for land ...... 71 9.3.3 Compensation unit prices for Trees and Crops ...... 73 9.3.4 Flow of fund ...... 75 9.3.5 Inflation adjustment ...... 75 9.4 Cost estimation ...... 75 9.5 Total cost estimate for RP implementation ...... 76 9.5.1 Preparation of RP and DMS ...... 76 9.5.2 Compensation and rehabilitation ...... 78 9.5.3 Management ...... 78 9.5.4 Monitoring ...... 79 9.5.5 Contingency ...... 79 9.5.6 Total cost for RP implementation ...... 79 10. Disclosure ...... 80
OB P~wercompany I -3 . Power Construction Consulting Center No 1 .Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
Appendices
1. Projects Areas 2. Policy framework for Compensation, Resettlement and Rehabilitation Entitlement Matrix 3. 1- 4. Socio-economic Household Data Sheet of Displaced Persons 5. Inventory of Displaced Persons 6. Details of Entitlement of Displaced Persons 7 Minutes of Community Meetings
Abbreviations and Acronyms
AFRe-2 Additional Financing to Re-I1 Project CPC Commune People's Committee CRC - Compensation and Resettlement Committee TIL Transmission line DMS Detailed Measurement Survey DNRE Department of Natural Resources and Environment DOC Department of Construction DOF Department of Finance DO1 Department of Industry DP Displaced Person DPC District People's Committee GOV Government of Vietnam HH Household IDA International Development Association Ih4A Independent Monitoring Agency LURC Land Use Right Certificate MOC Ministry of Construction A4 OF Ministry of Finance MOI- Ministry of Industry - LV Low Voltage OP 4.12 World Bank Operational Policies 4.12 PCCCl Power Construction Consulting Center No I PMBIPMU Project Management Board/ Project Management Unit PPC Provincial People's Committee PRB Provincial Resettlement Board RP Resettlement Plan RPF Resettlement Policy framework RIB Resettlement Information Book RON' Right of Way TOR Term of Reference USD US Dollar \'ND Viet Nam Dong LVB World Bank
O@ Power company 1 -4- Power Construction Consulting Center No 1 - Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
Executive summary
1.1 Project objective
The overal development objective of the Viet nam Additional financing to Rural Energy I1 Project is to improve access to good quality, affordable electricity services to rural communities, in an efficient and sustainable manner. The project also will enable supply of large inreases in electric power for expanding productive uses in rural areas, alleviating a major constraint to local economic growth.
The Hung Yen - Additional Financing to Rural Energy I1 Project is proposed to invest to rehabilitating, upgrading and expanding its power ~~etwork,improving the power supplied quality to all households in 48 communes of 9 districts covered by the project. These districts named Van Giang, Van Lam, My Hao, Yen My, Khoai Chau, An Thi, Kim Dong, Phu Cu, Tien Lu.
The project components:
- Construction of Low voltage TIL: 626.228 Km
- Installation of electric meters: 83,774 meters
1.2 Policy Framework
This RP for sub-projects under Provincial People Committee (PPC) is based on the -- Policy framework (RPF) for Compensation, Resettlement and Rehabilitation of the Displaced Persons (Pls. see Appendix 2 - RPF-foi*Conzpensation, Resettlei~ze~ztand Rehubilitatio/z of DPs). According to the Policy framework, eligibility for colllpe~lsationand rehabilitation entitlement includes all affected persons, households and institutions with or without legal status on their assets included in the RP inventory prior to the RP cut-off'-date. By the actual RP implementation, PMBICompensation and ~esettlen~ent~ornn~itteeswill organize the survey for the actual prevailing prices for the adjustment of the compensation unit prices, if necessary and the amount of compensation will be displayed at the Communes' PCs Office.
1.3 Principle and objective
The principles outlined in PODP 4.12 of the World Bank on involuntary resettlement (December 2001) have been adopted in preparing this RPF. This is the basis for the preparation of this RP.
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Apart from the direct compensation, all DPs who permanently loss more than 10% residentiallproductive land or other incomes are entitled 16 trainings or other restoration measures and who required to be resettled will be entitled to receive transportation allowance, subsistence allowance for relocating, restoration allowance,. training allowance. ~o/w&er,in the Hung Yen's sub Additional Financing to Re-I1 Project, there is no DPs affected more than 10% assets or will be relocated.
The cur-offdate is on I3 June 2008. Public dissemination of infom~ationof such cut-off date has been carried out prior to the socio-economic surveys and census :overing the project areas by the competent local authorities.
1.4 Project description
Currently, Power network of project area (48 communes of 9 districs) always g~erload.There are only 95% of households having electricity.
The efficiency improvement of the power distribution network in the project areas comprises of installation of 83,774 electric meters, and construction of 626,228 km of Low Voltage TIL
By the completion of the project, Additional Financing to Re-I1 Project of Hung Yen province will supply rural LV network of 48 communes of 9 districts with power. This LV line will decrease over power load and decrease radius of power provision from power supply to center of load.
2. Institutional and legal framework 2.1 Institutional framework
The overall responsibility for enforcement of the Resettlement RPF (RPF) and for and implementing this RP's rests with PMB and related institutions1 departments (Pro\~incial/districtCRCs, Department of Finance, Department of Industry, Department of Construction . . .).
PMB, PCCCl are responsible for carrying out census, socio - economic surveys, population and inventories and preparing RP within their respective jurisdiction.
The District and Commune People's committees will participate in the RP preparation and implementation.
2.1. Legal Framework
This RP has been prepared on the basis of the Project RPF with all GOV policies and MTB policies related to land acquisition, compensation and resettlement (PO!BP4.12) are applied for this RP.Where GOV and WB policies are not compatible, the WB's OP/BP 4.12 shall prevail with certain required waivers.- - Power Company I @ Power Construction Consulting Center No 1 - Tel: 04.37'lEeTSi Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
3. Entitlement policy
This RP has been prepared because of the POIBP 4.12 of the WB on involuntary resettlement adopted in the WF. The principle objective of the WFis to ensure that all DPs will be compensated for their losses at replacement cost and provided with rehabilitation measures to assist them to improve, or at least maintain their pre- project living standards and income earning capacity.
The RPF lays down the principles and objectives, eligibility criteria of DP, entitlements, legal and institutional framework, modes of compensation and =habilitation, people participation features, and grievances procedures that will guide compensation, resettlement and rehabilitation of DP.
Apart from the direct compensation, all DPs who permanently loss more than 10% residential/productive land or other incomes are entitled to trainings or other restoration measures and who required to be resettled will be entitled to receive transportation allowance, subsistence allowance for relocating, restoration dlowance, training allowance.
4. Mitigation measures Thanks to mitigation measures undertaken right from the initial design state through public consultation, close cooperation with various local authorities and related offices, the project impacts are almost marginal.
There are no DPs with their fixed assets being acquired more than 10% of their total holdings, therefore, no DPs required to be relocated and the developnzel~tof I-csettlemerzzsite is not required.
5. People's Participation
The consultation with DPs in getting their feedback will limit contradiction and avoid delays in project implementation. The RP is developed in close coi~sultation with local authorities and DPs in order to maximize their participation in resettlement planning implementation and the socio - economic benefits of DPs to the project.
Local authorities and DPs were consulted through line alignments, drafts, resettlement policy, RP implementation, grievance mechanism, monitoring, and evaluation on the restoration of DPs' livelihoods after the project implementation.
6. Baseline information
6.1 Data gathering activities
The census and inventory nforkof project impacts were carried during August 2008 by PCCCl and under the assistance of the related local authorities.
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6.2 Socio-economic surveys
Socio-economic surveys have been camed out aiming at providing baseline data on the localities traversed by the Additional Financing to Re-I1 Project of Hung Yen province covering 48 communes belong to 9 districts of Hung Yen province and \lief- ?:ri City. The survey data cover the information on the characteristics of the con~munities,their sources of income, revenue, socio-economic situation. The sunreys also aim at identifying the characteristics of the affected areas, assessing the development of population, houses, socio-economic etc. The survey data are used for preparing resettlement policy ad bases for evaluating restoration of living standards.
6.3 Overview on Hung Yen Province
Geography position: Hung Yen Province is belong to Hong river delta. This province is important economic zone of Vietnamese northern area and triangular area of Ha Noi - Hai Phong - Quang Ninh provinces. Hung Yen is the eastern gateway of Hanoi. There are 23 km length of 5A national road and more than 20km length of Hanoi - Hai Phong railroad. Beside there, there are 39A national road and 38 national road connecting Hung Yen with south west provinces of northern area ( Ha Nam, Ninh Binh. Nan1 Dinh, Thanh Hoa . . .).
Hung Yen is near to Hai Phong, Cai Lan seaports and Noi Bai international airport, and border with other provinces and big ciy such as Ha Noi, Bac Ninh, Ha Nam, Thai Binh and Hai Duong.
* Natiollal resources: Hung Yen Characteristic is delta province, without moutain. Hung Yen main resource is agricultural land and perennial land.
* Area and population - Natural area: 923.09 km2 - Population: 1,116,000 people (2003 year) - Population density: 1,209 peoplelkm2 - raising natural population rate: 1,25%/year
6.4 Census and Inventory
The census and inventory show that: Nulnber of DPs 786 HHs ( 2,584 persons) Nulllber of DPs required to be resettled Nil Number and area of houses lost Nil Area of residential plots lost Nil Productive land lost as percentage of total productive land 0.01% Quantity of other fixed assets affected (various categories) Ni 1 Business lost including structures, land and other fixed assets Nil Iillpact on tenants who leased the houses for residential purpose - Nil - @ Power Company 1 -8- Power Construction Cons?ll:ing Center No 1 - Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
Impact on sensitive areas Ni 1 Impact on public works Nil
The census and inventory also show the household characteristics: ,.' ,.' - Average family size 4 persons
- Man 48% - Women 52%
+ - Children (I17 years old) 35%
- Head of HHs Male: 84% - Female: 16%
Education
- University/College
- High school - Primary - Secondary
Occupation DPs are mainly earning living by farming and Small-scale aquaculture/live-stock breeding
7. Project impacts
~ ~ 7.1 PI-ojectImpacted People
The DP's include the following persons to be identified with the baseline infonnation collected for each RP:
a) Persons ~irhosehouses are in part or in total impact (temporarily or permanent) by the project.
b) Persons whose houses residential and PI-emiseand/or agricultural land is in part or in total affected (ten~porarilyor pennanent) by the project.
c) Persons whose crops (annual and perennial) and trees are affected in part or in total by the Project.
d) Persons whose businesses are affected in part or in total (temporaril~.or pennanent) by the project. - Results of the socio - econonlic surveys and census show that:
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Total number of DPs is 786 HHs (2,584 people), of these:
DPs with permanent acquisition of more than 10% of residentiallproductive land Ni 1
/'-DPs with permanent acquisition of less than 786 HHs (2,584 people) 10% of productive land.
DPs with permanentlternporary affected structures Ni 1
C DPs with totallylpartiallylaffected structures Ni 1
DPs with annuallperennial treeslcrops 786 HHs (2,584 persons) affected in part or total
. DPs with business partly or totally affected Ni 1 . . DPs required to be relocated Nil
m:0)ze household mu): he ir71pactetl by n1a~7-ytypes of inlpact.
7.2 Project impacted assets
The project will impact on: Permanent land acquisition for tower foundations, and some access roads for the project construction
Permanent impact on houses, structures, trees, crops and other assets in the proposed tower foundation area and in the ROWs.
Assets on the service roads.
All trees and crops or other assets surrounding the tower foundatio-n and ROWs.
Temporary acquired land required during construction ofthe project
Results of socio - economic survey and inventory show that:
Pelnlanent impacts:
- Residential land: 0 in2 - Crop land: 4,354 m2 - Garden land: 1,866 m2
Temporary impacts: -
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- Residential land: 0 m2 - Crop land: 10,943 m2 - Garden land: 4,690 m2
Affected houses and structures: Nil
/- Through consultation, DPs opted for cash compensation for their impacted assets at replacement costs for fixed assets and market rates for crops since the impact are marginal.
7.3 ~itigationmeasures
Thanks to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related offices, the project impacts are almost marginal.
There are no DPs with their fixed assets being acquired more than more than 10% of their total holding, therefore, no DPs required to be relocated and the development of resettlement site is not required.
8. Implementation arrangement
8.1 Implementation schedule
Right after the investment for the project is approved, DPs in the project affected areas will be informed of their right, RP policy including legal framework, eligibility provisions, entitlements, rates and mode of compensationlassistance, implementation schedule and complaint and grievance rights mechanism. Such
. .information will be delivered to DPs through con~munitymeetings, pamphlets etc.
Proposed project implementation schedule:
Schedule for PMB and proiect CRC
1. Establishment of Project CRC Quarter 112009
2. RP preparation Quarter 412008
3. Review and approvallclear of RP Quarter 412008 by Hung Yen PCINB
4. Negotiation (Government and WB) Quarter 212009
5. Effectiveness Quarter 312009
6. Commencement of public information Quarter 112009 - Quarter 212009
7. Commeilcement of field works (DMS Quarter 212009 - Quarter 37'2009
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8. Commencement of compensation payment
Quarter 212009 - Quarter 312009
gckedule for DPs
1. Commencement of declaration of quantity and status of properties Quarter 2/2009
2. Commencement of receiving Quarter 212009 - Quarter 312009 compensation and ground clearance
Civil works Quarter 312009 - Quarter 21201 0
Monitoring Quarter 3/2009 - Quarter 3120 10
All RP activities must be satisfactorily completed before the WB issues a no objection for award of contract for sub - projects. Any changes for the RP after WB approval will be required to review by the WB office in Hanoi before commencement of construction.
The proposed implementation schedule has been held among the consultants, PCCCl and PMB, taking into consideration the marginal impacts, without resettlement and possibility of parallel activities.
8.2 Institution arrangements
PMB assigned by PPC is responsible for all project activities as investment guidelines, investigation and design, project construction and monitoring of compensation and resettlement. PMB will directly guide the whole implementing - process of the project including RP implementation. PMB will be assisted by the related departments of districts and communes. (Pls secFigure 2.1.2: RP iinplelnentation organization chart)
8.3 Complaint and grievances
During the project implementation, DPs' complaint and grievances will be adjusted by the Vietnamese laws and regulations. DPs raising con~plaintand grievance will be treated fairly and will be guided by the related agencies on the procedures and formalities for lodging their complaint and grievances of RP. They have to pay no administration fees during their complaint and grievance time.
There are four steps that DPs can complaint: Commune level, District level, Provincial level, district court
Pls. see Figure 8.5 for Grievance redress administrative and juridical structures a\~ailableto DPs. -
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8.4 Supervision, monitoring and evaluation
RP implementation will be constantly supervised and internally monitored by the PMB and PPC. Moreover, an independent external monitoring agency will be entrusted with independent monitoring task. Just after the RP implementation is appmk'ed, PMB will select and contract with the independent external monitoring agency to implement the monitoring activities right from the beginning of RP implementation.
Result of selecting independent external monitoring agency will be sent to WE3 for review.
9. Costs and budget 9.1 Cost estimate
.- . Unit:VND I No 1 Item Detail Amount I Preparation of RP and DMS 762,255,643 1 Initial stage (Preparation of RP) Temporary 524,649,967 2 Implementation stage (DMS) 237,605,676 +DMS, negotiation with DP Temporary 237,605,676 I I1 I Compensation and rehabilitation 1 972,124,441 1 1 Compensation for land Details 535,252,039 2 Com~ensationfor rice1 crovs Details 62.202.40 1 1 3 1 Compensation for trees I Details 1 374,670.0r1 I11 Management cost 106,225,564 1 Management cost 10%*(T) 76,225,564 2 Training, workshop and information Temporary 30,000,000 cam~aioncost I I 1 " I I I I\' 1 Monitorinc cost = 2% (I + 11) 34.687.602
V 'Contingency = 15% ( I + 11) 260,157,012 Grand total ( I + I1 + I11 + IV + V) 2,135,450,262
10. Disclosure
Drafts of RPF and Entitlement Martrix have been disclosed at the People's Colllinittee of 48 cornnlunes belong to 9 districts of Hung Yen project areas.
Draft of RP has been sent to PPC and WB' VDIC center in Hanoi, Vietnam.
The final RP will be cleared by WB and approved by PPC.
- @ Power Company 1 Power Construction Consulting Center No 1 - Tel: 04.37'168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
Chapter I
1.1.1 Project objective
The overal development objective of the VietNam Additional financing to Rural Energy I1 Project is to improve access to good quality, affordable electricity services to rural communities, in an efficient and sustainable manner. The project also will enable supply of large inreases in electric power for expanding productive uses in rural areas, alleviating a major constraint to local economic growth.
The Hung Yen - Additional Financing to Rural Energy I1 Project is proposed to invest to rehabilitating, upgrading and expanding its power network, improving the power supplied quality to all households in 48 communes of 9 districts covered by the project. These districts named Van Giang, Van Lam, My Hao, Yen My, Khoai Chau, An Thi, Kim Dong, Phu Cu, Tien Lu. The project components:
- Construction of Low voltage TIL: 626.228 Krn
- Installation of electric meters: 83,774 meters
Current data shows that there is lack of quality electricity, particularly in the several future years and at that time; households are almost constantly overloaded with high electricity loss and low service quality.
Therefore, implementing this project will satisfy with the ever-increasing demand for infrastructure, small industries, handicraft, and aquaculture developn~ent.
1.1.2 Prbject scale
- Construction of Low voltage TIL: 626.228 Km
In ~~hich: - New building 131.147 Krn - Rehabilitation 495.081 Kn.1 - Electric wire AV (95-70-50-35)
- Verification of electric meters: 83,774 meters
To ne\vly bllilding of Additional Financing to Re-I1 Project of Hung Yell province, land acquisition will be required. However, construction of Additional Financing to Re-I1 Project of Hung Yen province would not cause large scale of land acquisition and resettlement.
This Resettlement Plan is prepared to solve compensation for all losses related to the DPs affected by the Hung Yen AFRe-2 Project. -
.- Power Company 1 *@ Power Construction Consulting Center No 1 - Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
1.2 Policy Framework
This RPF prepared based on the OP 4.12 of the World Bank on involuntary resettlement (December, 2001). (Pls see Appendix 2 - RPF for compensation, resettlement and rehabilitation of DP).The principle objective of this RPF is to ensprerhat all DP will be compensated their losses at the replacement cost and provided with rehabilitation measures to assist them to improve or at least maintain their pre-project living standards and income earning capacity.
The RPF lays down the principles and objectives, eligibility criteria of DP, entitlements, legal and institutional framework, modes of compensation and rehabilitation, people participation features, and grievances procedures that will guide compensation, resettlement and rehabilitation of DP.
1.3 Principles and Objectives. - The principles outlined in the World Bank's Operational Policies 4.12 (OP 4.12) have been adopted in preparing this RPF. The principles will be provided to DP's prior to expected start-up of works at the respective project site.
This RP preparation has been carried out by Power Construction Consulting Center No 1 (PCCC1) in accordance with the provisions of the RPF with consultation and participation of DP and local authorities.
In order to ensure that the objectives of this RP are met, compensation unit prices established by provincial and district CRC and approved by the Provincial People Committee (PPC) at rates warranting compensation at replacementlmarket cost ... Provincial/district CRC, PPC, and independent external monitoring agency are responsible to check and propose or the adjustments to PNIB (if necessary) the compensation unit prices at the time of RP implementation to ensure the compensation unit prices are at the replacement values.
- This RP has been agreed upon by the local relevant authorities and will be valid after PPC's and WB's approval.
The col~zpe~zsation,resettlenzent, assistalice and rehabiIitation activities wiII be conzpleted before a~vardilzgthe contracts of civil works under each subproject.
1.4 Overall project description 1.4.1. Project components
- Construction of Low voltage TIL: 626.228 Krn
- Installation of electric meters: 83,774 meters
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1.4.2. Project efficiency
Currently, Power network of project area (48 communes of 9 districs) always ovedad.
The efficiency improvement of the power distribution network in the project areas comprises of verification of 83,774 electric meters and construction of 626.228 krn of Low Voltage TIL.
f By the completion of the project, Additional Financing to Re-11 Project of Hung Yen province will supply rural LV network of 48 communes of 9 districts with power. This LV line will decrease over power load and decrease radius of power provision from power supply to center of load.
1.4.3. Project. . impacts
a) Displaced persons
Total number of DPs is 786 HHs (2,584 persons), of .these:
DPs with permanent acquisition of more than 10% of residential/productive land Nil
DPs with permanent acquisition of less than 10% of productive land 786 HHs (2,581 persons)
DPs with permanentltemporary affected structures Nil
DPs with totally/partially/affected structures Ni 1
DPs with annuallperennial treeslcrops affected in part or total
786 HHs (2,584 persons),
DPs with business partly or totally affected Ni 1
DPs I-equil-edto be relocated Ni 1
b) Project impacted assets
Pern~anentland acquisition 6,220 m2
Temporary land acquisition 15,633 m2
Permanent affected structures Nil
Temporary affected structures
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Permanent affected crop area
Permanent affected garden area
Temporary affected crop area 1- Temporary affected garden area
1.4.4. Mitigation measures
a) Consultatiorr and participation
The PCCCl survey teams have conducted discussions and consultations with the local authorities and local people on possible impact caused by the project, particularly the substation position. The selected substation position and DSSs location are the least impact option. - b) ~Psigrtstage
Select route
The routine survey and design should be avoid crossing through markets, high density residential areas, villages, pagodas, and resenled nature.. ..the T/L should also not go parallel with the communication system, petroleum and army stations.
In order to mitigate the adverse impacts, the routine direction is selected in the ROIV, along to the existing roads or crossiilg over the agricultural or garden land. The turning angles are applied, in some cases, the direction of turning angles may be 35'' - 85'. The turning angles may be about 90°, if needed. By this solution, the route will cross over the road some times for not impact on the houses or structures. The selected T/L will not exceed 1Krn compares with the existing national roads. The new roads are limited to build, try to use the existing ones. The temporary
-' roads will be mainly built in the ROW area.
During the time of studying T/L route, PCCC1 has carefully studied the instead solution on map as well as at site for choosing the best solution for applied.
c) Construction stage
The suitable measures and construction arrangement are to be thoroughly considered as the construction period will be implemented after the harvest collection, and ended before the following harvest. To gain this target, some daily workings will be changed and planned in order to shorten the tenlporarily affected period.
The camps of the workers will be located at the vacant site or at the public land nearby the commune, steering board and will not be built near the resident;al areas.
Appropriate workforces with working shifts will be scheduled to shorten the temporarily affected period. -
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Chapter I1 Institutional and legal framework ,'-
2.1. Institutional framework 2.1.1 Overall responsibility
The overall responsibility for enforcement of the RPF and for planning and implementing this RP's rests with PMB, Hung Yen PPC, and related institutions1 departments (Provincialldistrict CRCs, Department of Finance, Department of Igdustry, Department of Construction,).
PMB, Hung Yen PPC, PCCCl are responsible for carrying out census, socio - economic surveys, population and inventories and preparing RP within their respective jurisdiction.
The People's committee of 48 communes will participate in the RP preparation and implementation.
These administrative units will also ensure the active and effective participation of the DPs in RP pieparation and implementation. In order to have RP acceptable to the WE3 and to implement RP smoothly, PMB is responsible for (i) hiring qualified consultants in preparing RP, (ii) appointing qualified social safeguard staff at PPC and PMB.
Funds for implementing RP will be from PPC
2.1.2 Detail Responsibility
a) City/Provin cia1 People 's Cont m ittee.
The project PPCs are responsible for endorsing the RP and clearly directldemarcate the responsibilities for their relevant institutions in implementing RP
Approve the compensation unit cost, allowances and establishing appraising con~rnittees,compensation committee at all different administrative levels and approve lands for compensation.
Redress complaints and grievances.
b) Project Management Board of Re-2 of Hurtg Yen (PAfB)
PMB is responsible for entirely implementation of RP, including impact survey, delivery of entitlements, carry out for the restoration program, redress of complaints, internal monitoring. The main tasks of PMB will be:
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Set out the master plan, management and monitoring of RP implementation.
Responsible for organizing information disseminatioddisclosure, public meetings, disclosure RP to all relevant local authorities, Resettlement
pisseminate- DMS and Entitlement forms to all DPs.
OrganizingITraining the survey teams to carry out Detail Measurement Survey (DMS) and RP implementation for all levels of People's committees and relevant agencies.
Supervisiodmonitor for compensation payment, land acquisition and land clearance.
Report the RP implementation progress and land clearance work to WB and PPC.
cj RP relatedprovincial departments
The CityProvincial DOF is responsible for studying and issuing unit prices of compensation and submitting to PPCs for approval. Right from the initial stage of the RP implementation, the DOF will closely co-ordinate with DOCS, DCH, DARDs, District People's Committees and independent external monitoring agency in order to evaluate the applicable unit prices in RP and submit to PPC for approval and ensuring the compensation unit prices to be at the replacement value at the time of compensation payment.
dj Cit~~/Provirtcia1 corrzpertsatiort/Resettle~rtent conzm ittee
The CityProvincial CRCs are responsible for implementing RP according to the - approved schedule. The CityProvincial CRCs will be headed by the Vice Chairman of the Provincial People's Committees. The Provincial CRCs are responsible for:
Assisting PMB and District CRCs in preparing detailed plans for compensation and resettlement.
Checking all inventory of impacts and detailed implementation plans submitted by District CRCs. Approval the implementation plans submit by the District CRCs.
Solving complaints if the redress is fail at the district level
The City/pro\~incialCRCs will consist the representatives of:
Department of Finance and Pricing Department of Construction Department of Natural Resources and Environment (Cadastral and Housing section) -
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Chairpersons of People's Committees of related districts.
e) Districts People's committees
The districts People's committees are responsible for guiding the compensation and resettlement activities in their respective district areas: 1 - Direct the relevant institutions for carrying out impact survey; public consultation, information dissemination on the resettlement policy and RP implementation.
Establishment of District CRCs.
Responsible for settling complaints of DPs at districts levels.
f) District Compensatioiz/Resettlerlrent Conzmittees.
The district CRCs are principal institutions responsible for the implementation of RP in their respective district areas. The district CRCs recruit experienced personnel for gathering of base-line information and inventory. The District CRCs are responsible for:
Organizing the survey team to carry out Detailed Measurement Survey (DMS) for affected houses and assets; finalize DMS and Entitlement forms for each DP.
Checking the unit prices of compensation as applied in RP, suggest for adjusting the unit prices in conformation with market priceslreplacement costs (if required).
In co - ordination with PMB, organize the meetings with DPs, communes; disseminate the RIB, DMS and entitlement forms to DPs.
. ~ -Based on the policy and approved process in RP, prkpare the detailed implementation plan (quarterly, semi - annual, annual plans) and the together with PMB pay entitlements to DPs in a timely manner.
Settling the complaints and grievances of DPs, solving any difficulties during the implementation period, and suggest the solutions for the outstanding issues to Provincial CityICRC.
The District CRCs will be headed by the Vice Chainnen of the District1 commune People's Committees. The District CRCs will consist of the following representatives:
Department of Finance and Pricing Department of Natural Resources and En~~ironment(Cadastral and Housing Section) Department of Industry Affected Communes DPs -
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g) Corn mune People's Committees People's Committees of communes will be responsible for
Contributing to census and inventory surveys.
'fn-co-ordination with District CRC for public meetings, information dissemination, compensation~allowancepayment to DPs.
Transferring all feedback by DPs to District CRC and settle the complaints at the communal level. Suggesting the solutions for the outstanding issues (if any).
Assisting local people in overcoming the difficulties during the construction require, assist DPs in repairing of affected houses. Arrange land in the case DPs require compensation by land for land.
11) Displaced Persons (DPs) DPs are ready with their necessary RP related papers i.e. LURC, ownership of other assets.
DPs are responsible for carefully checking on their lost assets, respective entitlements, and clear land in a timely manner once DPs receive full entitlements.
(Pls. see Figure 2.1.2 for RP implementation Institutional Organization Chart)
Figure 2.1.2 - RP implementation Institutional Organization Chart
CityRrovin cia1 People's
District People's Committee
Commune Local PMBs People's Committee
Independent External Monitoring DPs
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2.2. Legal framework
The WB policy on Involuntary Resettlement OP 4.12 and GOV Laws on compensation and resettlement are applied:
2.2.1 Vietnamese laws
Compensation and Resettlement
The key national laws, decrees, circulars governing land acquisition, compensation and resettlement consists of the following:
The Constitution of Vietnam, 1992 confirms the right of citizens to own a house and to protect the ownership of the house.
0-. -- Modification of Civil Law (141612005) The 2003 Land Law (passed by the IVational Assembly on November 26,2003) regulates the land management and land uses, with effective date of July, 01, 2004, provides that: "the persons with land to be recovered shall be compensated with the assignment with new land of the same purposes; if having no land for compensation, shall be compensated with the land use right value at the time of issuance of the recovery decisions. The People's committee of the provinces and centrally - run cities shall elaborate and execute resettlement projects before the lard recovery for compensations with dwelling houses, residential land for persons having residential land recovered and having to move their places of residence. The resettlement zones must have development conditions being equal to resettlement zones. the persons having land recovered shall be compeilsated with money and
Ggiven priority to purchase or lease dwelling houses under the State ownership, for urban areas; be compensated with residential land, for rural areas. In case of recovering land of households andlor individuals, that are directly engaged in production, but having no land for compensation for continued production, apart from pecuniary compensations, the persons having land recovered shall be supported by the state to stabilize their lives, with trainhg for change of their production and/or business lines, with the arrangement of new jobs (Article 42).
Item 4 - Land Acquisition Art.39 regulates the land acquisition for the purposes of national defense, security, national interests and public interests. Clause 2 of this Article clearly defined the public info. (at least 3 months prior to agricultural land acquisition and 6 months prior to non-agricultural land acquisition) on the reasons of land acquisition, time schedule, resettlement plan, compensation~groundclearance master plan for land acquisition.
Art.42 regulates the compensation and resettlement of the people yho have land being acquired:
Clause 1 . . .people, who have LURC of having sufficient conditions to have LURC, shall be compeilsated for their acquired land.. . -
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Clause 2 ..:the acquired land shall be-compensated with new land of similar using purpose; in case of lack of resettlement land, the compensation shall be equal to the value of land use rights at the time of land acquisition.. . ..
Clause 3 ...... Provincial People's Committees and Cities directly under the central government prepare and implement the resettlement plans prior to the land acquisition...... The resettlement sites planed for various projects in the same area and should have similar to or better development conditions than the old dwelling sites.
In case of lack of resettlement sites: (i) in urban areas' DPs shall be compensated in cash and have the priority to buy or rent the state-owned houses', and (ii) in niral areas ' in case the value of the acquired residential land is higher than that of the resettlement site, DPs shall be compensated in cash for the differences'. Clause 4 ...in case DPs whose productive land being acquired and t!lere is no productive land for ' land for land' compensatjon, apart from the cash compensation, DPs shall receive assistances for resettlement, training for new trades, employing in newr trades.
Clause 49, 50 define the conditions for issuance oi LLJRC 19 :hc extend that (i) 'HH or individual who directly using the land for agricultural, forestry, aquaculture and salt production in the areas of socio-economic difficulties in the mountainous areas or islands and who have their residential registration and certification from heir CUIYI~~I~II~Peoplc's Committee that they hzve been using the land stably and without disputes are being issued with LLJRC and do not have to pay for the land use', (ii) ' HH or individual who had been stably using the land before Oct. 15,1993 but without any legal papers and their Commune People's Committee certifies that their land is \vithout disputes and apt to the approved local land use plan are being issued with LURC and do not have to pay for the land use' , (iii) 'HH and individual u.110 had been stably using the land from Oct. 15,! 993 till the effective of this Law, but without any legal papers and their Commune People's Commitlee certifies that their land is \vithout disputes and apt to the approved local land usc plan are being issued with 1,URC and do have to pay for the land use'.
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Clause 56 defines the State controlled Land Price: (i) the land price verification by the State should ensure the principles i.e. ' close to the actual value of the transfer of land use rights on the market and when there is large difference between the verified land price and the actual value of the transfer of land use rights on the market, adjustment should be camed out, (ii) ' Government regulates the method of land price verification adjustment and dealing with differences of land prices at the borders of the provinces and cities directly under the central government', (iii) 'Land price defined by the People's Committees of the Provinces and cities directly under the central government is publicly announce on January 1'' every year.. .."
Decree 181/2004/ND-CP issued on October 29, 2004 guiding the implementation of the Land Law revised 2003.
GOV Decree No. 188/2004/ND-CP dt. 16 November 2004 on methodology for price verification and price framework of various types and categories of land.
This Decree set forth the minimum and maximum prices of different types and categories of land covering the whole country. These prices have been established for the purpose of land acquisition by Government, tax vaiue for transfer of land use rights, leasing government land and national and public purposes.
The methodologies for the land price verification elaborated in this Decree are to ensure the substitution cost of the land.
Circular No. 114/2004/TT - BTC dt.26 November 2004 of the Ministry of Finance guiding the implementatiail of Decree No. 188/2004/ND - CP.
This Circular elaborates in details the methodologies (i.e. direct comparison method and income method) for the land price verification of different types and categories of land in different regionslareas to ensure the replacement cost
GOV Decree N0.19712004~D- CP date. 03 December 2004 on the compensation, assistance and resettlement in case of land acquisition by the state.
Art. 6 '. . ...p eople who have land being acquired shall be compensated with land of similar land use purpose. If there is no land for compensation, cash con~peilsatioilequal to land use rights value at the time of land acquisition shall be applied. If there is any differences in value, in case of compensation by nen land or house, such differences shall be settled in cash.'
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Art. 19 . . . .houses and structures of domestic use of the household or individual shall be compensated with the value of construction of new house, structures of similar technical standard.. .'
a Circular No 116/2004/TT-BTC dt.07 December, 2004 of the Ministry if Finance guiding the implementation of Decree No. 197/2004/ND-CP ./' - Decree 17/2006/ND-CP dated January 27, 2006 on revision and supplementation of some regulations in decrees guiding the implementation of the Land Law.
'. Decree 13112006AVD-CP dated November 09,2006 on management and using ODA (replacement of decree No 17!2001/ND-CP dated 04/5/2001 )
Ordinance on Tax of land and housing dated 31/7/1992 and ordinance on regulation and Amendment of Ordinance on Tax of Land and Housing dated 19/5/1994. . . Decree No 87lCP of GOV dated 17/8/2004 on preparing policy framework of land applying whole country. Decree 106/2005/ND-CP issued by GOV defines the protection of high voltage systems.
Decree 8412007ND-CP dated May 25th 2007 on revision of issuing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress.
a Decision No 255512007lQD-UBND date 24 December 2007 of Hung Yen Provjncia] People's Committee on the applicable unit prices for compensation.
2.2.2 World bank policies
he legal framework governing the implementation of this RPF and the Inventories and RP are OP 4.12 on Involuntary Resettlement of the World Bank.
I~~voluntaryresettlement (OP 4.12)
Tl~epviniav)~objective of the World Bank policy is to explore all alternatives to a\.oid or at least minimize involuntary resettleinent. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that prevailed prior to the project. The policy applies to the taking of land and other assets when land acquisition results in the loss if shelter, the loss of all or part of productive assets, or access to thein and the loss of income sources or other means of li\~elihood.
According to the OP 4.12 on involuntary resettlement, DPs shall be compensated and assisted in such a way as to warrant the improvement or at least the ~naintenanceof pre - project living standard condition.
Measures required ensuring that resettleinent has a positi\'e outcome include: -
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Consulting with potential displaced persons on feasible measures for resettlement and rehabilitation;
Providing DPs with options for resettlement and rehabilitation; Enabling their participation in planning and selecting these options; 1- Providing compensation at full replacement cost for losses;
Choosing relocation sites that at least guarantee the same benefits and services as the sites they replace;
Providing allowances, training and income support to assist in making a smooth transition;
Identifying vulnerable groups and providing special assistance to these groups
. and; .- . Establishing an institutional and organizational structure that supports this process to a successful end.
T17e Eligibility Criteria and Con1pensnfiol7defines that the DPs eligible for compensation include:
Those who have formal legal rights to lan? or other assets;
Those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certificates; upon the permission of local authorities to occupy or use the project affected plots; and
Those who have no recognizable legal right or claim- to the land they are occupying.
DPs whose houses are in part or in total affected (temporarily or pemaneiltly) by the project and whose houses are in part or in total affected (ten~porarilyor permanently) by the project or whose residential and premise andlor agricultural land is in part or in total affected (temporarily or permanently) by the project are provided compensation for tlie land they lose, and other assistance as necessary to achieve the objectives set out in this policy, if they occupy the project area prior to tlie cut-off-date defined in this W.
DPs whose business are affected in part or in total (temporarily or permanently) by the project are provided resettlement assistance and other supports as necessary to achie~~ethe objectives set out in this policy, if they occupy the project areaprior to the cut-off-date defined in this FV.
Persons who encroach on the areas after the cut-off-date defined in this FV are not entitled to compensation or any other fort11 of resettlement assistance.
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The methodology to be used in the ~laluationof losses for this project is based on their replacement cost. In this project, losses comprise land, structures and other assets. Replacement cost for land includes the value of land at market price plus the cost taxes and fees to get LURC. For houses and other structures, the market cost of the materials shall be used to calculate the replacement cost to build a replacement structwe with an area and the quality should be at least as good as those affect. For bodtotally and partially affected structures, compensation includes market cost of material, plus the costs of materials transport, labor and contractor fees, and registration and transfer taxes.
Depreciation of the asset and amount saved in materials will not form a part of r'eplacement cost.
2.2.3 Comparison of GOV and WB approaches With the promulgation of.
- The new 2003 Land Law, .- . - GOV Decree No. 18812004ND-CP date on 16, November 2004 on methodology for price verification and price framework of various types and categories of land.
- Circular No. 1 1412004lTT - BTC date. 26 November 2004 of the Ministry of Finance guiding the implementation of Decree No.l88/2004/ND - CP.
- GOV Decree No. 197/2004/ND - CP date. 03 December 2004 on the compensation, assistance and resettlement in case of land acquisition by the state.
- Circular No1 1612004lTT-BTC dt.07 December, 2004 of the Ministry if Finance ~uidingthe implementation of Decree No. 19712004ND-CP
-- There are a number of ways in which the approaches of the Vietnam Government - in either policy or practice - are colnpatible with WorldBank guidelines. The most important compatibilities are:
Vietnam has a process whereby n~ostpeople without legal land rizhts may meet conditions of legalization and receive compensation for losses.
Pern~anentresidents are provided with options that include relocation to an improved site, or cash, or a combination of the two.
Resettlement sites offer not only better-improved infrastructure and senlices but represent a higher standard of living.
Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal.
Differences between the approaches and measures that need to be addressed within the program also exist. Ho\vever, in this context, procedures exist within - O@ Power Company 1 -27- P~werConstrzction Consulting Center No 3 - Tel: 04.37163287 ------Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
national and city government that allow the granting of wavers of domestic law on specific projects that may be conflict with that of the funding agency.
On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible. The Government has its own prqcess in place whereby land occupied without legal documentation can be 'fegalized; this land, however, is compensated for at a rate equal to 100% of land price minus the taxes and fee for land use right registration from 15 October 1993 (Clause 49,50 of Art.42 of the 2003 Land Law).
Compensation at replacement cost is ensured in Art.6 of Decree 197/2004/ND- CP dt.03 Dec. 2004 that '. . .. People who have land being required shall be compensated with land of similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisition shall be applied. If there is any differences in value, in case of compensation by new land or house, such differences shall be settled in cash' and, Art. 19 of the same Decree thatY.... Houses and structures of domestic use
---' of the household or individual shall be compensated with the value of construction of new house, structures of similar technical standard.. .'
2.2.4 Required waivers
Decree 13 1 /2006/ND-CP of GOV dated 0911 112006 on management and using ODA (replacement of 17/2001/ND-CP dated 04/5/2001) ( Item.2 of Art.5)
stipulated that " . . . in case of international on ODA signed between GOV and sponsor country stipulate other content, such international agreement should be stipulated" Difference between the approaches and measures that need to be addressed within the program also exist. However, in this context, procedures exists within national and provincial government that allow the granting of waives of domestic law on specific projects that may be in conflict with that of the funding agency In -order to meet the requirements of the World Bad OP 4.12 on Involuntary Resettlement a number of articles in various Vietnamese laws and regulations which do not ensure compensation at replacement cost or set eligibility provisions which do not extend the right to rehabilitation and or assistance to households w~ithoutproper land paper, will be ~vaived.
The articles of law and regulatioils that n7illbe waived are mentioned below:
(i) Eli,oibilin?to coniperr satiori a11lt/ or assistari ce
Article 7 of the Decree 197/ND-CP (Cases where land is recovered without compensation) stipulates that any person whose land is recovered and who has not met one of the conditions of Article 8 of this Decree, or who has violated he plan, or who violates the protecting comdor work, or who illegally occupies land shall not receive compensation when the state recovers the land. In case of necessity, the Provincial People's committee shall consider and decide on a case-by-case basis. -
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Articles 18, 19, 20 of the Decree 197/ND-CP stipulate that:
Houses and structures on non-eligible-for-compensation land, which have not violated announced land use plans or the right of way, shall be assisted at 80% of replacement.
i - Houses and structures on non-eligible-for-compensation land but at the time of building violated announced land use plans or the right of way will not be assisted. If necessary, the PPC will consider on the case-by-case basis.
Article 28, 29 of Decree 197: DPs losing more than 30% of productive land will be entitled to living stabilization and trainingljob creation assistance.
To ensure that the objectives of this resettlement policy are met, a special decision of the Government waiving Article 7, 18, 19, 20, 28, 29 of Decree 197 is needed to permit assistance and rehabilitation measures for illegal ---- users of land as proposed in the policy.
(ii) Land price for conzpensation calculation
According to the Vietnamese regulation, calculation the unit price for land coinpensation will be based on GOV Decrees 188/2004/hTD-CP, 197/2004/ND-CP with their Guidance (Circular No. 1 1412004lTT-BTC and No. 1 1612004lTT-BTC respectively)
Decree 197/2004/ND-CP dt.Dec. 03, 2004
Article 7
This article state that's the Ministry of Finance is responsible for the establishment of a number or overall new land price framework to submit to the Government for adjustment when prevailing price of transfer of land use - rights in the market in respect of a number if all-typeslcategories of land listed in the land price framework continuously fluctuated (more than 60 days in many provinces, cities) that causes large differences in land prices (increasing from 230% compare to the max. price and decreasing from 230% compare to min. price attached to this Decree).
Article 9
This article states that land price for the compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in line with the Government regulation (within the GOV's range of minimum and maximum prices).
Decree 188/2004/ND-CP dt.Nol).16. 2004.
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This Decree promulgates the methodologies to define land price and, at the same time, set forth the land price framework (min.. and max. unit price for various types of land) throughout the country.
Article 2
- This Article states that the land price shall be defined by the Provincial People's Committee andlor cities directly under the central government.
To ensure that the objectives of the resettlement policy are met, unit price for land compensation established by the Project Provincial/ city People's Committees will be adjusted to meet the replacement costs.
The conlpeizsation unit prices established by the provincial/district CRCs, pi-ovirrcial DOFs, aiid DOCS and approved by the proviizcial People's Coininittee may be adjusted to meet the replacement costs, by the time of compeizsatioiz, to ensure the objectives of the RPpolicy are met.
. - iii) Assistarrce policy for DPs lvlio rerzt ?rouses from tlze Goverrzmerzt.
Article 21
This article states that DPs who rent government houses and has to be relocated by self-relocation shall be assisted in cash at a rate to 60% of the cost of the currently rented house and 60% of the cost of the land value, in cases of no resettlement houses to be arranged for them.
i Assistarr ce policy for relrabilitation
Decree 197/2004/ND-CP date Dec. 03. 2004
Article 28
This article states that DPs who directly do the agricultural production having agricultural land being acquired more than 30% shall receive rehabilitation assistance (cash value of 30kg of average rice in the location per head) for 3 months (if relocation is not required), 6 months (if relocation is required) and 12 months (if moving to the areas of specially difficult socio-economic conditions).
19 GO V corii nr itrrr err ts
To ensure that the objectives of the policy are met, the Prime Ministry of Vietnam and Chairpersons of the project related provinces in approvingladopting (prior to the project appraisal) the policies and , objectives set forth in this RPF will grand the waivers to the above mentioned Article 7,S,1 S, 19,21,28 and 29 of Decree 197/2004/ND-CP and Article 2 of Decree 1S8/2004/ND-CP, and any other laws or regulations which contradict this Project Resettlement Policy.
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Item;:! of Art.5 of decree 13 1/200G/ND-CP of GOV dated 0911 112006 on management and using ODA (replacement of 1712001/ND-CP dated
04/5/2001) stipulated that " . . . in case of international on ODA signed between GOV and sponsor country stipulate other content, such international agreement should be stipulated" . ' - The waivers will be approved by GOV in the decision of project investment before negotiation. The Project Provincial People Committees will issue the official letter for their agreement in implementing the policies set forth in RP.
2.3. Definition of Eligibility and Limitation to Eligibility
DPs are all individuals, firms or institution with or without land registration papers that owned, rented, or used land, properties and business, which are affected by the froj ect .
All DPs will be entitled to full compensation for their respective losses as long as they are included in the RP inventory list or can prove that they owned the affected items before the cut - off date. The same applies to DPs whose incomes are affected by the project.
2.4. Resettlement and compensation principles.
The principles outlined in the World Bank's OP 4.12 have been adopted in preparing this RPF. In this regard, the following principles and objectives would be applied:
a) Acquisition of land and other assets, and resettlement of people will be - ~ ~ - minimized as much as possible. -
h) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (TIL), surrounding areas of tower foundation, the substation areas, in the service roads under the projects as of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack ofle,qal I-ights to the assets lost shozrld not bar the DP fi-om entitle~nentto such rehubilitation rl~eusz~r-es.
c) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for Ilouses and other structures; (ii) agricultural land for land of equal productive capacity acceptable to the DP or in cash at replacement cost according to DP's choice; (iii) replacement of residentiallpremise land or equal size acceptable to the DP or in cash at replacement cost accordiilg to DP's choice; and (iv) transfer and subsistence allowances. -
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d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DP. e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DP's prior to the expected start-up date of work in the respective Project site.
f) +]ins for acquisition of land and other assets and provision of rehabilitation measures will be camed out in consultant with the DP's, to ensure minimal disturbance. Entitlements will be provided by DP's prior to expected start - up of works at the respective project site.
9) The previous level of community services and resources will be maintained or improved.
h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required.
i.)- Institutional arrangements will ensure defective and timely design, planning, consultation and implementation of RP.
j) Effective and timely supervision, monitoring and evaluation of .the implementation of RP will be carried out.
2.5. Eligibility to compensation enti.tlement.
The DPs eligible for compensation will include:
(a) those that have formal legal rights to land or other assets;
(b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws; upon the possession of
~ ~ documents such as land tax receipts and residence certificates; or upon the - permission of local authorities to occupy or use-the project affected plots; and
(c) those who have no recognizable legal right or claim to the land they are occupying - if they occupy area prior to the cut - off date defined in the RP.
The DPs are identified by the baseline information collected for RP:
(a) Persons whose houses are in part or in total affected (temporarily or permanent) by the project.
(b) Persons whose houses residential and premise andlor agricultural land is in part or in total affected (temporarily or permanent) by the project.
(c) Persons whose crops (annual and perennial) and trees are affected in part or in total by the Project.
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(d) Persons whose businesses are affected in part or in total (temporarily or permanent) by the project.
2.6. Compensation policy . /- Compensation for crops will be provided at market price. Compensation for land, houses, buildings, trees, and other assets will be provided at the replacement cost.
Compensation for land losses: * Compensation for productive land losses (less than 10% of total land DPs' landholding) will be provided at the replacement cost for the equivalent arrear and all other losses will be provided in cash.
Compensation for productive land losses (more than 10% of total DPs' land
. holding) will be provided in terms of land for land at the equivalent area and
'-quality of land acquired by the project or in cash at replacement cost according to DPs' options.
Compensation for land, houses, structures, or trees will be provided in cash at the replacement cost.
Compensation for crops will be provided in cash at the current market rates calculated on the productive average of the last three years (according to Circular 145 of MOF).
compensation price in this RP are tariffs established by the DOFs of the project related citylprovinces and approved by their citylprovincial People Committee based on the Decree 188/2004/ND-CP and the MOF Circular 1 1412004lTT-BTC.
Since the time from RP preparation to time of project implementation may be long, -- at the implementation time, such prices may not correspond to market or replacement rates. Therefore, all applied prices will be checked again at the beginning of RP implementation and adjusted if necessary. The Detailed Measurement Survey (DMS) will be also carried out by Resettlement Committees at the beginning of project implementation. The evaluation of unit prices at the in~plen~entationtime will be done by independent monitoring agency, provincial DOF. T11is activity will later be required in TOR for Independent Monitoring.
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Chapter I11 Entitlement Policy
3.1 1miact categories
By the nature of the project impacts as described above and based on the survey of the DPs, the impacted categories could be classified as bellow:
3.1.1 Temporary impact within ROW All DPs who have productive land, crops, trees, or structures in the ROW of TIL, surrounding areas of pole foundations, in the temporary service roads, which are teinporarily affected only during the construction period.
Category 1 : DP who has trees, crops, which are damaged by the project during the construction period due to construction of temporary access roads or conductor stringing. Category 2:
DP who has residential, garden, productive lands, which are temporarily acquired during the project construction period.
3.1.2 Permanent impact.
All the DP who owned lands and properties on it, which will be permanently acquired for the pole foundations, the substation areas, the permanent access roads for construction and maintenance of the project. All DPs who have houses, other structures, or high trees in ROW, which need to be removed, demolished or cut.
Cakgory 3: - DP who has houseslstructures, which are partially damaged or cut, and the damaged portion or structure (the dismantled areas are I 10% of total areas), and the lost houselstructure portion could be rebuilt in adjacent areas already owned by the DP. Impact on cleared residential land in ROW could be temporary as it could be reused for restricted purposes. Category 4:
DP who has houses, which are partially or totally damaged, and the damaged portion will affect to the safety or using purpose of the entire house or structure (the dismantled areas are more than 10% of tile total areas or even less than 10% of the total area, but the remaining area can not be used or inconvenient for using), sb the house need to be totally removed and rebuilt in remaining adjacent areas already owned by the DPs. Impact 011 cleared residential areas will be temporary as it call be reused for restricted purposes. Category 5:
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' DPs who have houses, which are partially or totally damaged and the damaged will affects to the safety or using purpose of the entire house or structure, so the houselstructure need to be totally removed and rebuilt. However, DPs do not have sufficient spare residential land for the reconstruction of a house of equal dimensions as the house lost. The threshold of sufficient residential 1 - lad is at 100m2 for rural areas. Category 6:
DPs who have residential land, productive land that will be acquired permanently for the project, including for permanent roads construction and maintenance of the project.
a) Acquired productive land areas are more than 10% of total productive land DPs' holding.
b) Acquired productive land areas are less than 10% of total productive land DPs' holding.
c) The remaining residential - garden land areas are less than 100m2 (in rural area).
d) The remaining residential - garden land areas are equal or more than 100m2 (in rural area).
Category 7:
DP impacted permanently, temporarily on business, or other services.
3.2 -. Entitlement
3.2.1 Eligibility and Limitation to Eligibility
DPs are all individuals, firms or institution with or without land registration papers that owned, rented, or used land, properties and business, which are affected by the proj ec t .
All DPs will be entitled to full compensation for their respective losses as long as they are included in the RP inventory list or can prove that they owned the affected items before the cut - off date. The same applies to DPs whose incomes are affected by the project.
The sub-project surveys have been carried out; the sub-project issues have been communicated to the people in the project related localities along with community participation; and TIL routes have been approved by the local authorities. It is agreed between the local authorities and the PMB that the cut -off dcrre shcrII he- 13"'
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3. Review and approvallclear of RP Quarter 412008 by Hung Yen PCIWB
4. Negotiation (Government and WB) Quarter 212009
/5.-'Effectiveness Quarter 312009
6. Commencement of public information Quarter 112009 - Quarter 212009
7. Commencement of field works (DMS Quarter 212009 - Quarter 312009
8. Commencement of compensation payment
Quarter 212009 - Quarter 312009
Schedule for DPs .- - 1. Commencement of declaration 01quantity and -status of properties Quarter 212009
2. Commencement of receiving Quarter 212009 - Quarter 312009 compensation and ground clearance
Civil works Quarter 312009 - Quarter 21201 0
Monitori~zg Quarter 312009 - Quarter 31201 0
All RP activities nzust be satisfactorily completed before the WB issues a 170 objection for award ofcorztract-for sub-proiects. Anv changes-for the RP after WB approval will be required to review bv the WB office in Hanoi before conznzel~cementof constructiol~.
8.4 Staffing for RP implementation 8.4.1 Proposed staffing for RP implementation.
Staffing for the RP implementation is proposed in the following table:
Institutions Number Total working of staves time 1 PMB 1 2 Hung Yen CRC 1 4 months 3 District CRCs 1x9 4 months --4 PPC 1x48 / 4 months 5 PCCCl c
Power Cornpgny 1 -64- Power Construction Consulting Center No 1 - Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
June 2008. The cut - off date is officially declared by the competent local authorities.
Encroachers who settled into the proposed affected area after the cut-ff date will have no entitlement to compensation and resettlement. They will be required to demolish their structure and cut the trees or harvest their crops for land clearance to the$rGect. In case necessary, they will be forced to be removed out the proposed project area. Nevertheless, they do not have to pay any fine or sanction. The cut - off date and the provision of 'no compensation for encroachers' has been clearly declared in the community meetings and printed in the pamphlets.
3.2.2 Eligibility to compensation entitlement.
The DPs eligible for compensation will include:
(a) those that have formal legal rights to land or other assets; .- - (b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws; upon the possession of documents such as land tax receipts and residence certificates; or upon the permission of local authorities to occupy or use the project affected plots; and
(c) those who have no recognizable legal right or claim to the land they are occupying - if they occupy area prior to the cut-off date defined in the RP.
The DPs are identified by the baseline information collected for RP:
(a) Persons whose houses are in part or in total affected (temporarily or permanent) by the project.
- (b Persons whose houses residential and premise andlor agricultural land is in - part or in total affected (temporarily or permanmt) by the project.
(c) Persons whose crops (annual and perennial) and trees are affected in part or in total by the Project.
(d) Persons whose businesses are affected ill part or in total (temporarily or permanent) by the project.
3.2.3 Resettlement and compensation principles.
The principles outlined in the World Bank's OP 4.12 have been adopted in preparing this RPF. In this regard, the following principles and objectives would be applied:
a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible.
@ Power cornp;ny 1 -36- Power Construction Consulting Cenier No 1 - Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
b) All DP's,residing, working, doing business or cultivating land in right of way (ROW) of transmission line '(TIL), surrounding areas of tower foundation, the substation areas, in the service roads under the projects as of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living stapdards, income earning capacity and production levels. Lack oflegal rights $ofhe assets lost should not bar the DP-from entitlement to such rehabilitation measures.
c) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and
+ other structures; (ii) agricultural land for land of equal productive capacity acceptable to the DP or in cash at replacement cost according to DP's choice; (iii) replacement of residentiallpremise land or equal size acceptable to the DP or in cash at replacement cost according to DP's choice; and (iv) transfer and subsistence allowances.
@- Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DP.
e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DP's prior to the expected start-up date of work in the respective Project site.
f) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultant with the DP's, to ensure minimal disturbance. Entitlements will be provided by DP's prior to expected start - up of works at the respective project site. g) The previous level of community services and resources will be maintained or improved.
h) Financial and physical resources for resettlement and rehabilitation will be
. made available and as where and when required. - i) Institutional arrangements will ensure defective and timely design, planning, consultation and implementation of W.
j) Effective and timely supervision, monitoring and evaluation of the implementation of W will be carried out.
3.2.4 Compensation policy Con~pensntionfor crops will be provided at market price. Comperzsuriorl for. land, hotwe, buildirlgs, trees and other- assets will be provided at the I-eplacerllenrcost.
Compensation for land losses:
Con~pensationfor productive land losses (less than 10% of total land DPS' holdings) will be provided at the replacement cost for the equivalent area and all other losses will be provided in cash.
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Compensation for productive land losses (more than 10% of total DPs' land holdings) will be provided in terms of land for land at the equivalent area and quality of land acquired by the project or in cash at replacement cost according to DPs' options.
Compensation for land, houses, buildings and trees will be provided in cash at the repf&ement costs.
Compensation for crops will be given in cash at the current market rates calculated on the productive average of the last three years (according to the Circular 145 of MOF) * Compensation price in this RP are tariffs established by the DOFs of the project related citylprovinces and approved by their citylprovincial People Committee based on the Decree 18812004ND-CP and the MOF Circular 114/2004/TT-BTC.
Since the time from RP preparation to time of project implementation may be long, af-the implementation time, such prices may not correspond to market or replacement rates. Therefore, all applied prices will be checked again at the beginning of RP implementation and adjusted if necessary. The Detailed Measurement Survey (DMS) will be also carried out by Resettlement Committees at the beginning of project implementation. The evaluation of unit prices at the implementation time will be done by independent monitoring agency, provincial DOF. This activity will later be required in TOR for Independent Monitoring.
3.2.5 Compensation Entitlement by Categories
Entitlements Cash compensation for affected trees at the replacement cost plus cost for cutting trees, crops at market price. Number of crop patterns to be compensated based on the time of temporarily acquired of land. No compensation for land 1 Rehabilitate land after the ~roiectconstruction. Cash compensation for affected fruit trees and trees at replacement cost. No compensation for land Rehabilitate land after the project construction. House1 building: DP can opt for : i) Remain their houses or building in ROW with the conditions regulated by Article 6 of the Government Decree 10612005ND-CP dt.Aug 17th, 2005 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing househuilding; or ii) Cash compensation for the directly affected rooms at the replacement cost and cost for demolishing an affected room. No compensation for land. I I Rehabilitate land after the project construction by contractors. Tree and fruit tree Compensation for affected trees and fruit trees at the replacement ~
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cost. Allowances: Relocating allowance of 30 kg of rice equivalent per person per month in six months.
* House/ building: DP can opt for : i) Reinain their houses or building in ROW with the conditions regulated by Article 6 of the Government Decree 106/2005/ND-CP dt.Aug 17th, 2005 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing househuilding; or ii) Cash compensation at replacement cost for full areas of impacted househuilding and demolish DP's house in ROW. No compensation for land. Rehabilitate land after the project construction by contractors. Tree and fruit tree Compensation for affected trees and hit trees at the replacement cost. Allowances: Relocation allowance of 30 kg of rice equivalent per person per month in six months. DPs can opt for one of the followings: i) Renlain their houses or building in ROW with the conditions regulated by Article 6 of the Government Decree 106/2005/ND-CP dt.Aug 17th, 2005 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing househuilding; or ii) Cash compensation for the whole residential area which DP occupied (not only for the impacted areas) and properties associated with occupied land at replacement cost. Impacted land will be obtained by local authorities; or iii) "Land for land" with the same area which DP occupied and cash at replacement cost for the affected assets associated fith land. Land occupied by DP will be obtained by local authorities. Compensation for affected trees and fruit trees at the replacement cost. Allowances: Relocating allowance of 30 kg of rice equivalent per person per month in six months Transportation allowance for relocating DP according to the Compensation Decree 197/2004/ND-CP dated Dec 3rd , 2004 of GOV. Rehabilitation assistance if DPs permanently losing business or more than 10% of their incomes. Incentive for relocating in a timely manner: maximum 5,000,000 1nrDI"H
For DP Iosirzg prodrrctive [and: -
- *(*IPower Company 1 -39- Power Construction Consulfino Center No 1 - Tel: 04.37768287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
a. Land loss less that1 1076 of their total landholdings - Cash compensation for the lost area if the remaining plot is still economically viable. - Cash compensation for the whole impacted plot if the remaining plot is not economically viable. - Cash compensation for properties associated with land I b. Land loss equal or more than 10% of their total la~~dholdings: DP can opt for the followings: i)"Land for land" with the same area and productive of impacted area if the remaining plots are still economic viable and for the whole impacted plots if the remaining plots are not economic viable ii) Cash for land at the replacement cost. - Compensation for trees and affected fruit trees at the replacement cost. - Rehabilitation assistance. For DP losing Residential and garden land: - If remaining land is sufficient for reorganizing (not less than 60 m2): Cash compensation for lost area and assets associated with land. - If remaining land is not sufficient for reorganizing: DP can opt for i) cash compensation at replacement cost for land and assets on land, or ii) "land for land" compensation for the whole residential area which DP occupied (not only for the impacted areas) and properties associated with occupied land. For affected house and building, the same entitlement to DP of categories 3 or 4 or 5.
(a) Temporary impact on business or other services. 1 Compensation for income lost in the affected time I (b) Permanent impact on business or other services (c) Rehabilitation assistance.
3.2.6 Allowances and assistances
Transportation allowance
Art.27 of Decree 197/2004/ND-CP: ull relocating DPs are elltitled ill one tinre:
DPs relocating within the provincelcity max.3,000,000 VND (per household)
DPs relocating out of the proviilce n1ax.5,000,000 VND (per househ6ld)
Relocating DPs (while waiting for - to be provided with the establishment of new resettlement) temporary residence, or residences at resett!ement sites) - to be provided w*h
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temporary rent cost.
Relocation subsidy
Art.28 of Decree 197/2004/~~-CP':all relocating DPs are entitled in one time: . 'bps relocating within the province cash (equivalent to 30kg of rice per month x 3 months) per family member.
; DPs relocating out of the province cash (equivalent to 30kg of rice per month x 6 months) per family member.
DPs who are in a severe socio-economic cash (equivalent to 30kg --- Difficulties or who relocating to areas rice per month x 12 of socio-economic difficulties. months per family member.
Restoration allowance
Art. 29 of Decree 197/2004/~~-CP:
DPs who have more than 10% of productive land 3,000,000VND or incomes permanently affected are entitled to (per ho~sehold)~
and Other restoration allowance to be decided by the Provincial People's Committee with the financial resource from the person who is going to use the acquired land --
I ..lr.t.-76 (!fDecl-ec /97/2004/ND-CP defines that this subsidy is applicable to DPs who lost more than 30% of their agricultural land only. However, in line with this RP Policy Fl-arrlcwor.k, this kind of subsidy is applicable to all DPs who required to be relocated. '~rt.28ofDccr-ee /97/2004/ND-CP defines that this subsidy is applicable to DPs who lost more than 30% of their agricultural land only. However, in line with th~sRP Poliq Fr.anlen~ork,this kind of subsidy is applicable to all DPs who required to be relocated.
' ,4r.l. 29 ofDecr.ee /97/2004/ND-CP defines that DPs who lost more than 3Ooh of their agricultural land will be assisted for changes of occupation (level of assistance will be decided by the provincial People's Conlrmttee). However, in line with the RP Policy Franicwor-k for RE2 subprojects, the restoration allowance remains in conformation with the on-going RE2 subprojects throughout Vietnam.
The anlount of 700,000 (VNDIrnain labor is delivered directly to training or TA instit~~tionslco~~sultantsand 800.000 VND for trainee as a subsidy allowance in training time (total 1s 1,500,000\%rD per trainee). For the sake of cost estimates, each household is estimated at having 2 main labors. -
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3.2.7 Voluntary donation
Results from the socio-economic surveys and community meetings show that the communities whole-heartedly welcome the efficiency improvement of AFRe-2 project. There are many DPs who would be marginally affected on their resideatiaVproductive land and other assets would like to contribute their affected treis, ;raps, fences land and other assets to the project in lieu of cash contribution.
The procedure for determining and documenting the voluntary nature of the contribution are as follows:
Step I:
Local authorities clearly inform to all DP about this project resettlement policy, and the actual entitlement to compensation.
Step 2: .- . Volunteer DPs sign in the DMS and entitlement forms for the affected assets and asset, which they choose to contribute for the project and these forms, will be filled in Provincial/District Compensation Committee's offices.
A sample of about 20% of volunteer households will be checked by independent external monitoring agencies at the initial time of RP implementation and reports of independent external monitors on this matter will be submitted to IDA for its concurrence.
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Chapter IV Mitigation measures
4.1 ~kigationmeasures
Thanks to mitigation measures undertaken right from the initial design state through public consultation, close cooperation with various local authorities and &elatedoffices, the project impacts almost marginal.
There are no DPs with their fixed assets being acquired more than 10% of their total land holding, therefore, no DPs required to be relocated and the developnler~t of resettlen~entsite is not required.
All individuals, households or institutions (DPs) who are impacted temporarily or pem.anently by the project are owners of land and properties, land and house renters in ROW of T/L, in proposed areas for tower foundation and temporary service roads.
4.2 h4easures to minimize land acquisition and losses 4.2.1 Consultation and participation During the project preparation, PMB 's consultant has cor~ducteddetailed survey 017 the project intpacts. The survej7teams have also conducted discussions arid consultations with local authorities a~dlocal people on possible impacts caused by the project, pal-ticulal-ly the alignlne~tof T/L routes etc. so as the selected line 1.ozite and DSSS locatio17sare the leas1 rrr7pact option.
The proposed layout of T/L routes are also displayed and discussed again in the RP comilluni ty meetings.
The draft layout of routes have been communicated by PhllB to the relevant bodies i.e. provincial, district and coinmunes People's Committees, Dept. of Natural Resources and Environment, provincial, district and commune cadastral services etc. for comments and public display. The valuable feedback of local authorities and DPs were taken into account for design.
4.2.2 Impact limitation measures in design stage.
The mitigation measures for project impacts should be scrutinized during the design stage, especially for line route se1ectio:i. A well-selected route and subsration site ~~ouldsite would reduce much of the project cost as well as impacts on the locals and environment.
For conlplicated sections, two alternatives were chosen for investigation for comparison and the alternatives with least impacts were selected -
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4.2.3 Impact mitigation measures in construction stage
During the detail technical design, PMB and its consultant would reinvestigate the routes and made certain modification, if necessary, for optimal results.
SuiPMe measures and optimum arrangements for the project construction are considered i.e. construction would be carried out right after the harvest of crops and terminated before the next sowing. To achieve such target, apt workforces with working shifts would be scheduled to shorten the temporarily affected period.
The construction camps for workers in the construction period shall be located on ;he bare of public near by headquarters of communes. The camps shall not to be built in populated areas.
If it is necessary to carefully investigate and select access roads to minimize their impact. For sections traversing forest, manual transport of materials should be considered to minimize impact on the environment. .- - 4.3 Result of mitigation measures
Impact on land
total Area (m2) land holding
I - Permanent impact on residential land Nil Nil - Temporary impact on residential land Ni 1 Nil
- Permanent impact on productive land 6,220 ( 0.21% I - Temporary impact on productive land 15,633 0,52O/0
Impact on houses/structures
- Total affected houses/structures - Partial affected l~ouses/structures
Other impacts
- Affected business Nil - lmpact on natural preserving zones, sensitive areas Nil - Impact on tenants who leased house for residential purpose Nil - Impact on ethnic minorities OHHs - 0 persoil
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.Household Person - Total DPs with more than 10% of productive land affected Nil Nil - Total DPs with more than 10% of residential land affected Nil Nil - DPs required to be relocated Nil Nil . ~doptedfor cash compensation for their certain impacted assets at the replacement costs.
There are many DPs who would be marginally affected on garden, residential land and other assets volunteer to contribute their affected trees, crops, fences etc. of in significant values for the project construction.
Thanks to mitigation measures through public consultation from the initial stage and design stage of the project, the socio-economic surveys show that there are no DPs whose fixed assets being acquired more than 10% of their total holding and not required to be relocated; therefore, developnzent ofresettlement site is not mquir-ed.
D@ Power company 1 Power Constri~ctionConsulting Center No 1 - Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
Chapter V People's participation
5.1 Community/ meetings
In the community meetings, DPs' queries RP related issues i.e. entitlements, compensation etc are explained by PMB representatives and DPs' options, including voluntary donation of their marginal impacts on trees, crops, bamboo knces etc of insignificant values were recorded.
The prevailing opinion of DPs in the project areas:
The extension of the power supply networks are welcomed by all DPs, particularly people who have not yet enjoy the power supply and who are
.- -- having the power supply but with too low service quality. DPs would like to be compensated at replacement cost for their assets losses and market price for their temporarily affected crops.
DPs would like to be informed of the actual project implementation time - schedule well in advance to prepare them for the ground clearance.
There are two phases of the public information campaign and DP consultation:
5.2 Plzase I: Information campaign, DPs and agency consultation during resettlement planning and RP preparation.
A meeting between PMB, PCCC1 and related provincial/district People's .-Committees was held. The relative issues were discussed: agreement on choosing project participation districts, project financial sources and even the compensation cost. The representatives of PCCCl had presented the baseline data and policies of RP to these Provincial Committees and obtained their comments and suggestions.
PCCCl has sent the Entitlement Matrix to related district and commune authorities on Junly 2008 for review and comments. PCCCl and PMB have requested the Provincial/district People's Committees and the related local authorities to review carefully for the requirements on waivers, eligibility to compensation, proposed entitlement policy, RP cost, taskforces, mechanism for complaint and applied unit costs in draft RP.
The draft RP has also been disclosed at the office of Hung Yen Provincial People's Committee and at VDIC of the World Bank office in Vietnam.
5.3 Plzase 2: Information campaign and consultation during resettlement implementation. - - Power Company 1 -46- Power Constructior~Consulting Center No 1 -- Tel: 04.S7168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
The implementation of RP and rehabilitation activities include: implementing resettlement policies; entitlement calculation and payment.of compensation to DPs; finalize relocation plan; modes of compensation etc.
During this phase, the following activities were camed out sequentially: . ~cdvily1 : Organizing CRC, disclosing the information and training staves for CRC.
After loan agreement signed, the first resettlement activity is the Provincial People's Committee will organize the provincialldistrict CRC. PMB will supply to CRCs the copies of approval RP, train staves for CRCs on content and procedure to implement RP, disclose RIB for all DPs.
Activity 2: Distributing DMS and forms of entitlement to DPs.
CRC will implement DMS and disclose the DMS entitlement forms to all DPs. The lis't of DPs, affected assets, and their entitlements will be sent to the head office of commune.
CRC will calculate the entitlements and disclose the entitlement compensation forms to DPs. The entitlement compensation forms will be sent to the head office of commune.
After each times of disclosure RIB and entitlement compensation forms to all DPs, the DRCs and communes' authorities will hold a meeting again at each commune in order to clearly explain the policy of RP to all DPs. During this meeting, DPs can make requests on any resettlement issues.
Activity 3: Meeting with DPs about compensation payment.
After having, the database of affected assets of the project, CRC and communes will hold a meeting with DPs to introduce the compensation unit price for each kind of affected asset. The compensation unit price table will be sent to the head office of commune.
At the meeting, DPs can comment to the released compensation unit price, the feedback information of the compensation unit price will be taken care and considered.
DPs who agreed with the compensation unit price for their affected assets will sign to the compensation forms. The feedback illformation will be recorded and submit to the authority agencies.
,4t the later meeting, DPs will be informed the time, place and modes of compensation for affected assets. The meeting may be held on Quarer- 2, 2009
Activity 4: Illformation to the local authorities on implementation schedule
PMB will illform commune authorities and DPs about construction schedule and procedures as well as schedule of RP in~plen~entation. - - Power Company 1 Power Construction Consulting Center No 1 - Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlemen! Plan AFRe-2 Project of Hung Yen Province
Commune local authorities and district RCs must closely coordinate together for ensuring that all DPs are fully informed about compensation and project/RP implementation schedules.
There are some community meetings holding in 48 communes. ,. No ,' - Title Time Participants 1 Inform 48 PPCs of project 812008 PMB, I I I 1 Commune AFRe-2 project authorities, - Agree that the PCCCl position and area of substation 1 - The auantitv of DPs 1 2 Inform DPs of 48 1 - Inform DPs of 1 communes of project authorities, AFRe-2 project PCCC1, DPs - Inform DPs of entittlement policy of DPs
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Chapter VI Baseline information
6.1 Data gathering activities
The census and inventory work of project impacts were carried out during July and August 2007 by PCCCl and under the assistance of the related local authorities. The inventory work includes:
Census of all DPs impacted by the project. Survey for DPs, who have houses in the proposed locations. Survey for DPs, who have trees impacted in the proposed locations or ROW (according to Decree 10612005 - NDICP) Survey for impacted public infiastructures, properties, and means of transport. Survey for land acquisition area for pole foundation. Survey for temporary land acquisition area. Survey for other affected area.
6.2 Geography position and natural resource
a, Geography position
Hung Yen is a delta province bordering with Ha Noi
-. The North of Hung Yen province border Bac Ninh province The west North of Hung Yen province boder Ha Noi -- The east of Hung Yen province border Hai Duong province The south of Hung Yen province border Thai Binh province The west of Hung Yen.province border Ha Tay province The west south of Hung Yen province border Ha Nam province
Geography co-ordinate of Hung Yen province as following: North latitude : From 20036' to 21 001 ' East longitude : From 105053' to 106017'
Natural area is 923.09 km2, account for 0.277% of national area. Population calculating to date 3 111 212003 is 1.1 13.489 people, with density rate of 3 16 peoplelkrn2. There are majority of King people in Hung Yen province.
Hung Yen province has 9 districts as follow: Van Lam, My Hao, Yen My, Van Giailg, Khoai Chau, An Thi, Kim Dong, Phu Cu, Tien Lu and Hung Yen Town. There are 161 communes and towns.
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Hung Yen Province is belong to Hong river delta. This province is important economic zone of Vietnamese northern area and triangular area of Ha Noi - Hai Phong - Quang Ninh provinces. Hung Yen is the eastern gateway of Hanoi. There are 23 krn length of 5A national road and more than 20km length of Hanoi - Hai Phong railroad. Beside there, There are 39A national road and 38 national road connecting Hung Yen with south west provinces of northern area ( Ha Nam, Ninh ~i&,ham Dinh, Thanh Hoa . . .).
Hung Yen is near to Hai Phong, Cai Lan seaports and Noi Bai international airport, and border with other provinces and big ciy such as Ha Noi, Bac Ninh, Ha Nam, Thai Binh and Hai Duong.
b, Topography Hung Yen Topography is not complex with flat area and characteristic of delta area.
c, Climate
Hung Yen province has tropical moonsoon climate. Every year has two season: winter with cold and dry and summer with hot and wet. Charateristic of this climate is suitable with tropical crop plants. Average temparature of year is fiom 220- 24oC, average rainfall is from 1.200-1.300 mm and average humidity is 85%.
d, Land resource Land resource of Hung Yen province is most agricultural land, especially rice cultivated land and short day industrial crops. According to inventory of land in 2003 year, there are 62,603 ha agricultural land which account for 67.82% of natural area. In which: + There are 55,282 ha annual cultivated land which account for 88.31% + There are 2,207 ha gardern land . + There are 2,207 ha gardern land + There are 1,02 1 ha prennial cultivated land + There are 4,093 ha water surface land for aquiculture - e, Water resource
Beside land resource, Hung Yell province has water resources.inc1uding: + Water surface for producing and living with natural river system and irrigational system of Bac Hung Hai. + underground water is abundant with large underground water mine which sastify the demand of developing industry, urban, production and life. This resource can supply large amount water for regional area.
f, Mineral resources
Hung yen has main mineral of black sand with large amount, which place near Hong River and Luoc River. Beside Hung Yen has clay for produciilg bricks. Hung Yen province also has brown coal belonging to brown coal basin of Hong river delta, which estimated that there has large capacity at more than 1000 in depth, but now Hung Yen province can't explore because exploration works is difficult. -
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6.3 Socio-economic investigation
Hung Yen, which is a East south gateway to Ha Noi, is a exchange relation bridge of economy, culture, technology between Northern delta provinces. Especially, Ha Noi, which is near to Hung Yen, is the most important and large market on cowuaing agricultural produce, fruit and industrial produce of industrial zones in Hung Yen province.
6.3.1 Agriculture and forestry
Agricultural branch develop all-sided with agricultural increasing produce value of 6% per year. Rice cultivating capacity is 11.93 tonhectare. Average value per hectare is 32 million VND.
Breeding pigs and poultry develop continuously. Breeding farm model develop as industrial method.
6.3.2 industry and handicraft
Industrial produce value increase fast, average raise of 60.17% per year. In 2000, industrial capacity value attain 2,350 billion VND. Handicraft village is concerned to encourage. Economic Private sector increase average of 12% per year. Hung Yen province has open policy. There are 3 scheme industrial zone: Pho Noi, Nhu Quynh and Hung Yen Town. Foreign investment fund increase.
6.3.3 Trade and tourist
Average growth rate is 15.48%/year. Total retail commodities and social consuming service increase averagely 20.5%/year
6.3.4 Population
. ~ ~otalpopulation in whole Hung Yen province calculating to date 3 1/12/2003 is 1,113,489 people with most Kinh people. In which, there are 870,000 employee. Population desity is 3 16 people/krn2
6.3.5 Land
Natural area is 923.09 km2 accounting for 0.277% national area. Hung Yen is Northern delta province with flat terrain, so it is suitable with exchange relation and develop social-economy of regional people.
6.3.6 Education
Education system is reinforced to sastisfy education demand of people. Up. to now, each commune has pre-school, primary school, secondary school. Each district has fro111 two to three high schools. Industry
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6.3.7 Healthcare Implementing fairly well the National heathcare progra&. Building and upgrading the local healthcare network, expanding the healthcare services for all kind of people.
6.3.8 Income
Sources of income
8 Agriculture .. Freelance/aquaculture
8 Free lance labor
8 Small scale business 8 Wage earners (state-owned and private sectors) 8 Handicraft
8 Retiredtold agelfiee lance laborers
. -- Others
It is difficult to specify DPs' exact source of income and income, since many DPs themselves could not point out their sources of income and income exactly. Many DPs have multi sources or mixed sources of incomes and their income changes following the fluctuation of agricultural and qua - product harvests and prices.
Average income
The average income of the overall population in the project area is 4,950,000VND/person~year.
6.3.9 Census and Inventory
- The census and inventory show that: Number of DPs 786 HHs ( 2,584 persons) Number of DPs required to be resettled Nil Number and area of houses lost Nil Area of residential plots lost Ni I Productive land lost as percentage of total productive land 0.01% Quantity of other fixed assets affected (various categories) Nil Business lost including structures, land and other fixed assets Ni I Impact on tenants who leased the houses for residential purpose Ni 1 Impact on sensitive areas Ni 1 Inlpact on public works
The census and inventory also show the household characteristics: - Average family size 4 persons
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- Man ' 48% 52%
- Children (I 17 years old) 35% - Head. of HHs Male: 84% - Female: 16% 1 -
Education
- University/College - High school - Primary - Secondary
r- - Occupation DPs are mainly earning living by farming and Small-scale aquaculture/live-stock breeding
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Chapter VII Project Impacts
7.1 Project impacts ,' ,' - The project has the following impacts:
Houses/structures in the ROW required to relocate or remain with restrict . conditions.
High trees planted in the pole foundation area of the ROW: the distance between the top of the tree to the lowest position of the T/L is not less than 3m.
The structures outside the ROW but have potential impacts on the project as . petroleum station, information center, etc will be relocated. . .
Project permanent land acquisition.
Project temporary affected land.
Land around the pole foundation during the construction.
Land uses for access road: transporting materials to the pole location. The land is affected in about 1-2 month.
Land affected temporarily within the ROW
7.2 Displaced persons
The following persons to be identified by the baseline information collected for this RP are Displaced Persons:
(a) Persons whose houses are in part or in total affected (temporarily or permanently) by the project;
(b) Persons whose residential and premise and/or agricultural land is in part or in total affected (temporarily or permanently) by the project;
(c) Persons whose businesses are affected in pait or in total (temporarily or permanently) by the project;
(d) Persons whose crops (annual and perennial) and trees are affected in part or in total by the project;
(e) Persons whose rented houses for residential purpose are affected by the project.
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Quatity of Quatity Quatity of Quatity permanent of permanent No Commune of DPs affected person DPs persons HUNG YEN PROVINCE- 786 2,584 786 2,584 I - ~imDong District 106 319 106 319 --1 Dong Thanh Commune 22 58 22 58 -----2 Hung An Commune 2 3 69 23 69 Mai Dong Commune , 3 I 20 I 61 I 20 7 4 Ngoc Thanh Commune 23 74 2 3 74 5 Vii Xi Commune 18 57 18 57 11- Khoai Chau District 83 219 83 219
I ChiT;in Commune 15 40 15 40 6 .. 7 DGg Kgt Commune 17 49 17 49 8 D6ng Tio Commune 16 44 16 44 9 ong Dinh Commune 10 21 10 2 1 10 Tiin Chau Commune 10 25 10 25 11 Thuh Hung Commune ----15 40 15 40 111- Phu Cir District 163 464 153 464 12 DoBn DBo Commune 2 1 66 21 66 13 Dinh Cao Commune 20 53 20 53 14 Minh HoBng Commune 20 59 20 59 15 Minh Tien Commune 27 6 7 2 7 6 7 16 Nguyen HOB Commune ---16 51 16 5 1 Tam Da Commune 2 1 57 - 21 57 18 Tien Tien Commune 19 57 19 57 19 Tong Tran Commune 19 54 19 54 IV- Tien Lti District 134 493 134 493 26 104 26 21 D1 Chd Commune 2 1 76 2 1 22 Hung Dao Commune 19 76 19 76 ppppp 1 23 Le XB Commune 26 93 26 93 24 Ng6 Quyh Commune 22 73 22 73
25 Thien Phie'n Commune 20 7 1 20 , 71 V- An Thi District 130 471 130 471 26 Ha L5 Commune 8 29 8 29 27 Ti& Phong Commune 12 42 12 42
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Hoing Hoa Thim 2 8 7 24 7 24 Commune 29 Cim Ninh Commune 13 4 8 13 4 8 30 Da Loc Commune 8 2 5 8 2 5 3 1 Hongyh Commune 11 42 11 42 1 32 Nguy&n Triii Commune 33 Phu ung Commune 34 Quang Vinh Commune 35 Bii S?y Commune 10 4 3 10 4 3 VI- Van Giang District 38 128 38 128 36 Thang Lqi Commune 26 8 1 26 8 1 37 Long Hung Commune 12 47 12 47
VII- -Van . Lam District 37 140 37 140 38 Chi Dao Commune 7 23 7 2 3 39 Dai Dong Commune 10 40 10 40 40 Lac Dao Commune 20 7 7 20 77 VIII- Yen My District 53 198 53 198 41 Dong Than Commune 12 4 5 12 4 5 Ly Thuang Kiet 42 22 8 1 22 8 1 Commune 43 Trung Hoi Commune 11 42 11 42 44 Viet Cuhg Commune 8 30 8 30 IX- My Hao District 42 152 42 152 45 Cdm Xi Commune 10 36 10 36 46 Hung Long Commune 13 5 1 13 5 1 47 Ngoc Lam Commune 8 2 8 8 2 8 48 Xuan Duc Commune 11 3 7 11 37
7.3 Types of impacts
Permanent impacts: - Residential land: 0 rn2 - Crop land: 4,354 rn2 - Garden land: 1,866 rn2
Temporary impacts: - Residential land: 0 rn' - Crop land: 10,943 rn' - Garden land: 4,690 rn'
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Temporary affected(m2) Bermanent affected (m2) Commune No Garden Crop Garden Crop Total land land land land HUNG YEN PROVINCE- 15,633 6,220 I - Kim nofig District 1,560 621 1 Dong Thanh Commune 92 214 305 36 85 121 2 Hung An Commune 98 228 325 3 8 9 1 129 3 Mai Dong Commune 90 210 300 35 84 119 4 Ngoc Thanh Commune 98 228 325 39 90 129 5 Vii Xi Commune 92 214 305 36 85 121 11- Khoai Chau District 1,961 6 Chi Tan Commune 100 234 334 40 93 133 7 Dong Ket Commune 108 253 362 43 101 144 8 Dong-TBo Commune 87 204 29 1 35 8 1 116 9 ong Dinh Commune 8 1 189 270 32 75 107 10 TAn ChAu Commune 100 233 332 39 9 3 132 11 ThuAn Hung Commune 112 26 1 373 44 104 148 111- Phu Cir District 2,565 12 Doin Dio Commune 108 25 1 359 4 3 100 143 13 Dinh Cao Commune 100 233 333 40 93 133 14 Minh Hoing Commune 9 1 21 1 302 36 84 15 Minh Tien Commune 98 228 326 39 9 1 16 Nguyen Hoi Commune 84 195 279 33 1 78 17 Tam Da Commune 98 228 326 39 9 1 130 18 Tlen Tien Commune 90 209 299 36 83 119 19 Tong Tran Commune 102 239 34 1 4 1 9 5 136
IV- Tien LiX District 1,811 - 20 An Vien Commune 84 196 280 33 78 11 1 21 Di Ch6 Commune 103 239 342 4 1 9 5 136 22 Hung Dao Commune 85 200 285 35 79 114 23 LC Xi Commune 112 260 372 44 104 148 -p--pp 24 Ng6 Quyin Commune 8 1 189 27 1 32 76 108 25 ThlCn Phien Commune 78 183 26 1 3 1 73 104 V- An Thi District 2,981 26 Ha Lk Commune 80 187 268 3 1 75 106 27 Tidn Phong Commune 76 177 25 3 30 70 100 28 Hoing Hoa Thim 107 23 1 35 8 42 100. 142 Commune 29 Cdm Ninh Commune 88 205 293 35 8 1 116 30 Da Loc Commune 97 226 323 38 90 128 31 Hong Van Commune 75 176 25 1 30 70 - 100 32 Nguyen Trai Commune 94 219 313 37 87 124 - Power Company 1 -57- Power Construction Consulting Center No 1 - Tel: 04.37'168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
33 Phu ung Commune 103 24 1 344 4 1 96 137 1 34 Quang Vinh Commune 84 196 280 33 78 11 1 35 B2i Sgy Commune 90 210 300 36 83 119 VI- Van Giang District 838 36 Thang I&Commune 104 244 348 4 1 97 138 37 Long Hung Commune 147 343 490 59 136 195 VII- Van Lam District 1,153 38 Chi Dao Commune 6 8 158 225 27 63 90 39 Dai DBng Commune 144 334 478 57 133 190 40 Lac Dao Commune 135 3 15 450 54 1 125 179 ] VIII- Yen My District 1,382 550 41 Dong Than Commune 128 298 426 51 119 170 42 Lq Thuung Kiet 108 250 35 8 42 100 142 Commune 43 ~rung~oaCommune 142 33 1 473 56 132 188 44 Viet Cudng Commune 38 87 125 15 35 50 IX- My Hao District 1,384 551 45 Cdm Xi Commune 136 318 454 55 126 18 1 46 Hung Long Commune 84 196 280 33 78 111 47 Ngoc Lam Commune 115 270 385 46 107 153 48 Xuan Duc Commune 79 186 265 32 75 105
Affected houses and structures: Nil
Total affected area compare with Total productive land holding
Permanent Percentage Temporary Percentage Total affected of affected of productive area by the permanent area by the temporary No Commune land holding project affected project affected (m2) (m2) area (m2) area HUNG YEN PROVINCE I - Kim Dong District 1 11 D6n~Thanh Commune 1 5,640,000 1 121 1 0.0022% 1 305 1 0.0054'2b 1 2 1 Hung An Commune 1 7,380,000 1 129 1 0.0018% 1 325 1 0.0044% 1 3 1 Mai D6np; Commune / 6,310,000 1 1191 0.0019%1 300 1 0.0048% 4 Ngoc Thanh Commune 6,520,000 129 0.0020% 325 0.0050% 5 VCi Xi Commune 5,270,000 121 0.0023% 305 0.0058% 1 11- Khoai Chau District 1 1 1 I I 1 6 Chi Tan Commune 4,140,000 1 133 1 0.0032% 1 334 / O.OO819b 7 D6ng Ket Commune 6,370,000 144 0.0023% 362 0.0057% 8 5,350,000 116 0.0022% DGng ,. TAo Commune 291 0.0054% 9 Ong Dinh Commune 3,130,000 107 0.0034% 270 0.0086% 10 Tan ChAu Commune 6,110,000 132 0.0022% 332 - 0.00543'0
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34 Quang Vinh Commune 5,520,000 111 0.0020% 280 0.0051% 35 B5i SAY Commune 7,100,000 119 0.0017% 300 0.0042% VI- Van Giang District 36 Thing La1 Commune 4,840,000 138 0.0029% 348 0.0072% 37 Long Hung Commune 8,490,000 195 0.0023% 490 0.0058% VII- Van Lam District 38 Chi Dao Commune 5,970,000 90 0.0015% 225 0.0038% 39 D?I Dong Commune 8,030,000 190 0.0024% 478 0.0059% 40 Lac Dao Commune 8,580.000 179 0.0021 8 450 0.0052% I VIII- Yen My District 41 Dong Than Commune 6,840,000 170 0.0025% 426 0.0062% 42 L$JThu6ng Kict 8,120,000 Commune 142 0.0018% 358 0.0044% 43 Trung HoL Commune 6,190,000 188 0.0030% 473 0.0076C/~ 44 VI& Cu6ng Commune 6,640,000 50 0.0007% 125 0.0019% IX- My Hao District 45 Cdm XB Commune 7,550,000 181 0.0024% 454 0.0060% 46 Hung Long Commune 4,360.000 11 1 0.0026% 280 0.0064% 47 Ngoc Lam Commune 5,6 10,000 153 0.0027% 385 0.0069% 48 Xuan Duc Commune 5,030,000 105 0.0021% 265 0.0053%-
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7.4 Affected people classified .by types.
Table 7.4 -Affected people classified by types
Types (WF) Affected households Households I Persons Temporary acquisition of productive 786 land in ROW Temporary acquisition of residential 786 and garden land in ROW without house or structures in ROW Temporary impact on residential and Nil Nil garden land. Partial househuilding within ROW (area in ROW less than 10% of total area) and the demolished area does not impact to the remaining househuilding. Residential land and garden land outside of ROW is sufficient for re- 1 organizing (not less than 60 m2). Temporary impact on residential and Nil Nil or garden land. Impact more than 10% of total househiiilding area but the demolished area will impact to the remaining of house/structure. Land outside of ROW is sufficient for reorganizing (not less than 60 1112). Temporary impact on residential and or garden land in ROW. Full or partial househuilding impacted and land outside of is not sufficient for reorganizing (less than 60 m2) Permanent acquisition of land for tower foundations, substation and access roads etc.
I I I 1 (a) Land loss less than 10% of their ~ 786 ~ 2,584 I total landholdings 1
(b) Land loss equal or more than 10% of their total landholdings:
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(a) Temporary impact on business or Nil ~ other services (b) Permanent impact on business or Nil Nil other services
% N&: N&: Dne household may be impacted by many types of impact.
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Chapter VIII Implementation. arrangement
8.1 Measures for project implementation = 1 - 8.1.1 Announcement to DPs
All DPs shall be thoroughly informed about the right and policies of RP including digibility, entitlement policy, and modes and rated of compensation, schedules and complaint and grievances rights. The RIB will be prepared by PMB and then it will be delivered to all DPs or informed at the meetings in districts and communes; hung in public places such as administration quarters of communes and school.
8.1.2 Compensation deadlines
Compensation payment for land, houses at least five months before land clearance, payment for trees, crops, and other allowances will be paid at least one month before land acquisition date.
DPs who have to be relocated, the local authorities and PMB should make every effort to assist them in buying residential land and construction for the house and to ensure that no land clearance if these DPs have not completed their house building at new resettlement site.
However, in this project, there is not any impact on residential land and structures; therefore, there is not any DP who required to be relocated.
8.1.3- Resettlement and Clearance deadline - DPs ~vhohave inzpacted houses and structures and have received full compensation und subsidies are requested to ~noveout of the affected portion of the house or to cleared land at least 15 days before the conzlnencenzent civil ~jork.
8.2 RP implementation actions
Action 1 : Just after the award of capital borrows convention of WB, PMB will select and contract a qualified agency for independent monitoring.
Action 2: CRC carries out the DMS and inventory of the affected assets and together with the independent monitoring agency and related institutions evaluate the applicable compensation unit price in RP and propose to PPC for amendment of the applicable unit prices in RP, if necessary, to ensure that DP is compensated at replacement costs at the time o RP implementation. - - Power Company 1 Power Construc!ion Consulting Center No 1 - Tel: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
Article 9 of Decree 197/2004lIVD-CP states that land price for compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in line with the Government regulation (within the GOVYsrange of minimum and maximum
= prices) 1- Chapter 2 of Decree 188/2004/ND-CP promulgates the methodologies (i.e. 'direct comparison method' and 'income method') to define land price and, at the same time, set forth the land price framework (min. and max. unit price for various types of 4 land) throughout the country.
Action 3: Just after finishing the DMS and inventory survey, CRC will check and define the official number of DPs, impacted properties, and total official compensation amount.
Action 4: CRC will officially announce the policy, schedule of RP to DPs at the public meetings, including the issues related to compensation, resettlement and land clearance.
Action 5: Compensation payment for houses/structures and other affected assets and other subsidies payment for DPs.
DPs who have productive land or income affected more than 10% will be provided allowances for rehabilitation. They will be assisted in training, agricultural and breeding technique or programs for none-land persons.
Action 6: During the project implementation, PMB and external monitoring agency will monitor all RP activities and rehabilitation program.
8.3 Implementation schedule
One of the RP provisions is that RP will be carried out in accordance with the mentioned process for the purpose of security for land clearance and inlplementation of civil work.
The iinpleinentation schedule must ensure the synchronized linkage between RP inlplementation and commencement of civil work i.e. the appropriate compensation and coilstruction schedule. The compensation payment shall be completed prior to the conlmeilcement of the relevant project components.
Proposed project implementation schedule:
Schedzrle for PMB and project CRC
1. Establishment of Project CRC Quarter 1!2009
2. RP preparation Quarter 442008 c@ Power company 1 -63- Power C~nstr~lctionCr~nsultino Center FJo 1 - Te!: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
The independent monitoring agency has to appoint the qualified staff to satisfy with the requirements of the WB. This agency has to implement its work promptly at the time of RP commencement (public meetings and DMS) and last to 6 months later after the completion of the RP implementation. This is to survey how the DPs satisfy with the project. Total time to implement this action is about 9 months. The Indep~dentexternal monitoring agency will be prepared the following reports: 1nd:tion report; Progress report and Final report.
8.4.2 Training and workshop
In order to carry out RP implementation smoothly and effectively, prior to RP ihplementation, organizing training, workshops for social safeguard staff of PPC, PMB and its PCCCl and official of local authorities are necessary. The trainings, workshops will be held by PMU with technical assistance of the WB resettlement officers. The objectives of trainings, workshops are to guide all relevant agencieslpeople for taskforces, requirement for carrying out DMS survey, and steps of RP implementation as well as monitoring and evaluation, report preparation, b-aie line data management.
One intermediate training course and one primary training course are proposed to be organized at the initial stage of the RP implementation.
One workshop for all FW implementation related personnel is proposed to be held by the initial stage of actual payment of compensation.
The training courses and workshops are to be organized in Hung Yen province within a short course of time i.e. 1 - 2 days.
NIIIIZber ofproposed trainees.
Resettlement Number Content No organization of staff Intermediate training PMB - DMS, entitlement determination Hung Yen CRC - Mechanism for redressing the complaintslgrievances District CRCs - Internal and external monitoring and evaluatioil of RP implementation PCCCl 2 Primary training 3.1 Officers of communes 2x48 - DMS, entitlement determination 2.2 Internal monitoring officer - Key RP policies - Mechanism for redressing the complaints/grievances
The communes' officers are one cadastral officer and one officer of labor bureau.
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The independent monitoring agency is considered a professional agency in the field of external monitoring of implementation RP and their training is not required.
8.5 Grievance and appeals ,. 1- Since the entire resettlement and rehabilitation program is being carried out with the participation of DPs and the impacted scale of this scale is relative small, it is expected that no grievance issue will arise. However, to ensure that the DPs have places to solve their grievance (related to the resettlement and compensation), the detail procedures for solving grievance are prepared for the project.
The mechanism is designed to be easy, transparent and fair. The procedures are as follows:
First step: If any person is aggrieved by any aspect of the resettlement and rehabilitation program, helshe can lodge an oral or written grievance - . . with commune authorities. Commune People' Committee will resolve the issue within fifteen days from the date it receive the complaint.
Second step: If any aggrieved person is not satisfied with the decision in stage 1, helshe can bring the complaint to the District People's Committee (DPC) or District Resettlement Committee (DRC) within fifteen days from the date of the receipt of the decision in stage 1. The District People's Committee (DRC) of District Resettlement Committee (DRC) will reach a decision on the complaint within fifteen days.
Third step: If the DP is still not satisfied with the decision at district level, helshe can appeal to the Provincial People's Committee (PPC) or Provincial Resettlement Committee (PRC) within 15 days of receiving the decision of the DPC or DRC. The Provincial People's Committee or Provincial People's Committee will reach a decision on the complaint within fifteen days.
The Decree No. 197/2004/ND-CP (Art.39) enti-tlesDP to file conlplairzt with the CRC or tlze People's Conznzittee at the san7e level, regarding decisio~isconcerning damage to the property. Tlze respol7sibility, tinle andp~.oceduresto settle the conlplair~tshcrll be in line with Article 138 of the 2003 Land Law and Articles 162, 163, artd 164 of decisioll 181/2004/ND-CP dt.29 Oct.2004 of the Go~~ernnzerztou the i1nplen7e1ztatiouof Lar~dLaw.
1?7 extrenle cases, the DP can bring the isszies to Court bj: using the Bureau of La~vConstrltcr~~ts, pee of charge.
Fo~~rtlrstep: If the DP is not satisfied with the decision of the Provincial level, the case may be submitted for consideration by the District Court within 15 days of recei~~ingthe decision of the PPC or PRC. The district court's decision will be a legal basis for compensation.,
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DP's will be exempted from all 'administrative and legal fees.
DPs can make an appeal on any aspect of resettlement and rehabilitation program, including the compensation unit price.
~hddgtailprocedures of solving grievance will be disclosed to all DPs in the public meetings and at the CRC offices. This information also contains in RIB, and disseminates to all DPs promptly after the commencement of the project.
Figure 8.5 - Grievance redress administrative and juridical structures available to DPs. 1 District Court I
I District CRC I
I Committee I I I I
I Mass media ----- DPs Lawyer
1 Complaints A : Bring to Court I
8.6 Monitoring and supervision
The implementation of RP shall be constantly supervised and monitored by PMB in co-ordination with the local People's Committees.
An independent consulting agency will be entrusted with external monitoring tasks. 'The selection of this agency will be submitted to the approval of PMB and WB.
The selected independent external monitoriilg agency shall be contracted by the PMB immediately after RP approval and shall begin supervision and monitoring activities from the beginning of the implementation phase.
8.6.1 Internal monitoring
lnterilal monitoring includes the following activities: -
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Monitoring the population, socio - economic surveys, and inventory of DPs' assets. Monitoring whether the implementation of compensation, resettlement and rehabilitation for DPs in accordance with the provisions that DPs agreed.
Monitoring the implementation of compensation and resettlement tasks.
1 . Monitoring- the availability of finance and schedule of implementation RP.
Investigate and fairly assess each case of grievance and complaint.
Preparing the quarterly report detailing the process of RP implementation. Such report should be made available to appropriate GOV authorities, WE3 and external monitoring agencies.
8.6.2 External monitoring
In-addition to verzfiing the information furnished in the internal supervision and &bnitorizg reports of the respective PCs, the external monitoring agency will be responsible for the following:
At the beginning of RP implementation, review compensation unit cost applied in RP, check at the site for ensuring that the compensation costs are at the replacement value, or otherwise recommend to PMB and Hung Yen PPC for adjusting.
Evaluation of DMS, inventory and entitlement to DPs.
Evaluation of socio - economic project impact on the DPs.
Supervision of the implementation of RP to achieve the objectives of the RP in particular "to improve or at least maintain the incomes and living conditions of the DPs after resettlement".
- Putting forward the amendments for the implementation of RP to achieve the objective of this RP.
Offering suggestions on how improve RP programs.
Closely monitoring compensation activities and be prepared to give informed evaluation of complaint and grievances cases.
MTriteworking reports to be submitted to PMB and WB every 6 months to the appropriate GOV authorities, the WB and to the representatives of the DPs.
Write final report (6 months after finishing entirely the resettlement program). This report shall provide detailed evaluation of RP and its implementation, including the content of interviewing DPs about the situation and their opinions after receiving compensatioll and resettlement.
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Finally, on the bases of RP implementation experience this final report shall provide suggestions to help enforce the local RP implementation experience and improve RP in the future.
Terms'of reference for independent monitoring will be prepared by PMB and will be sent to MrB for its concurrence prior to invitation the independent monitoring.
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Chapter M Costs and budgets
9.1 Budgets
For Rural Distribution sub - projects, funds for implementing RPs will be from counterpart:
PPC will arrange budget for implementing RP of the AFRe-2 project.
9.2 Compensation cost estimate
Compensation cost estimate for temporarily and permanently affected house, strktures, agricultural land, forestry land, cultivated land, perennial trees, and crops bzsed on:
Decree No. 197/2004/ND - CP date. 03 December 2004 on the compensation, assistance and resettlement in case of land acquisition by the state.
Decision No.2555/2008/QD UBND date. 24 December 2007 for unit cost of compensation land of Hung Yen Provincial People's Committee. Decision No.O2/2007/QD UBhD date. 12 February 2007 for unit cost and procedure of compensation of Hung Yen Provincial People's Committee.
Survey for replacement cost and market price for structures, land, trees by PCCC1 in the period of carrying out impact survey.
9.3 -- Compensation unit price
Decision for unit cost of compensation of Hung Yen Provincial People's Con~lnitteeis applicable for this subproject.
To ensure that the applicable unit costs for compensation are at the replacement costs, during the impact survey, PCCCl had carried out the survey on unit prices in other provinces and compared them with the unit costs approved by the Provincial People's Committee. It is noted that (i) the newly issued compensation unit prices for land (during december,2006 in accordance to Art.56 of 2003 Land Law and Decision 197/2004/ND-CP date. 03 Dec. 2004 along with Circular 116/2004/TT- BTC date. 07 Dec., 2004 and Decision 188/2004/ND - CP date. 16 Nov., 2004 along with Circular 114/2004/TT-BTC date. 16 Nov., 2004) reflect the prevailing market prices in the project areas and, (ii) the construction prices given by . contractors in the project related areas for recently structures are similar to constiuction price applied in this RP.
The contingency component would cover certain differences, if any, by the time of actual RP implementation. -
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9.3.1 Compensation units prices for structures
The compensation unit prices for structures are not applicable since there is not any house or other structures totally or partly affected in this project. Therefore, such rates are not applicable in this project. 1- 9.3.2 Compensation unit price for land
Compensation for land shall be at replacenzent cost.
Land unit price is established separately conforming to the regulated price frame of the Decree No. 188/2004/ND-CP and Circular No. 1 1412004lTT-BTC.
Chapter I1 of Decree No. 188/2004/ND-CP 'Methods of Defining Land Price', which is elaborated in Chapter i of Circular No. 1 1412004lTT-BTC (i.e. Art. 1: 'the direct comparison method' and Art.2: 'the income method') ensure the unit cost to meet the replacement value at the time of issuance of unit cost. This unit prices are based on the replacement costs for land, house, trees, and market prices for crops.
However, the compensation unit costs will be reviewed by local authorities and Independent External Monitoring Agency at the initial stage of RP implementation and the amendment will be done by the Provincial People's Committee (if required and to be used for calculation the entitlements of DP) to ensure that DP will be compensated at the replacement costs for land, house, trees and market prices for crops according to this RP policy.
Compensation Unit Prices and allowance for agriculture land4
Unit: VNDI~'
4 This RP has been revised to apply the newly promulgated PPC' Decisions (Decision No 255512007!QD- UBND dt 24 Decenlber,2007) for the Land Prices in accordance to Art.56 of the 2003 Land Law, Decree No. 18812004MD-CP along with Circular No. 1 1412004l'TT-BTC and Decree No. 18812004MD-CP with Circular No. 1 1412004R-T-BTC -
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Power company I -72- Power Construction Cons~~ltingCenter No 1 - Tel: (34.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
Notes:
The newly promulgated land prices reflect the actual land value in the respective localities. However, the 'Land Price Consultant' (Art.57 of Land Law) or the Independent External Monitoring Agency shall utilize the 'Direct comparison method' andlor 'Income method' (Chapter I of Circular No. 1 1412004lTT-BTC date. 26 Nov., 2004) of defining land price to adjust the land prices to meet the replacement value by the time of issuance of unit cost for this RP implementation. The contingency component would cover such differences, if any, by the time of actual RP implementation.
9.3.3 Compensation unit prices for Trees and Crops
According to Circular 11412004lTT-BTC of MOF, compensation for fruit trees is
-. determined based on the remaining harvests, long-tenn trees to be compensated at the-replacement cost and annual crops to be compensated at the average yields of three latest years.
On the reference of local unit prices, surveyed market prices and prices proposed by DPs are not much different.
Table 9.3.3 - Compensation unit prices for crops and long - term trees
Compensation unit price for tree (VNDItree) unit mice for Commune I crops Orange- (VND/m2) free Longan Melon-tree Polemo
-
--- Kim Dong District 1 Dong Than11 Commune 10,000 165.000 1.800,OOO 1 5,000 1 50.000 2 Hung An Co~nmune 10,000 165,000 1,800.000 1 5,000 150,000- 3 h4ai-Dong Commune 10,000 165,000 1,800,000 1 5,000 150.000
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/ 5 vo xi commune 10,000 1 165,000 1 1,800,0do 1 15.000 1 150.000 1~ I I I I Khoai Chau District 6 Chi Tan Commune 10,000 165,000 1,800,000 15,000 150,000 7 Dong Ket Commune 10,000 165,000 1,800,000 15,000 150,000
I 8 D6ng-%idc~ornmune 10,000 165,000 1,800,000 15.000 150.000 9 ong Dinh Commune 10,000 165,000 1,800,000 15,000 150,000 10 Tan ChAu Commune 10,000 165,000 1,800,000 15,000 150,000 11 Thuan Hung Commune 10,000 165,000 1,800,000 15,000 150,000 Ph* Cir District 12 Doan DBo Commune 10,000 165,000 1,800,000 15,000 150,000 13 Dinh Cao Commune 10,000 165,000 1,800,000 15,000 150,000 14 Minh Hohng Commune 10,000 165,000 1,800,000 15.000 150.000 15 Minh Tien Commune 10.000 165,000 1,800.000 1 5,000 150,000 16 Nguyen HOB Commune 10,000 165,000 1.800,000 15.000 150.000 17 Tam Da Commune 10,000 165,000 1,800,000 15,000 150.000 I 8 Tien Tie'n Commune 10.000 165,000 1,800,000 15,000 150,000 19 Tong Tran Commune 10,000 165,000 1,800,000 15,000 150.000 Tien La District 20 An Vien Commune 10.000 165,000 1,800,000 15 .OOO 150,000 2 1 Dj Che Commune 10,000 165,000 1,800,000 15,000 150,000 22 Hung Dqo Commune 10,000 165.000 1,800,000 1 5.000 l50.000 23 Le Xa Commune 10,000 165.000 1,800,000 15 .OOO 150,000 23 Ng6 Quyen Colnmune 10.000 165.000 1,800,000 1 5.000 150.000 25 Thien Phien Commune 10.000 165.000 1,800,000 15 .OOO 150.000 ~n Thi District 26 Ha Le Comlnune 10.000 165.000 1,800,000 15 .OOO 150,000 27 Tien Phonp Commune 10,000 165,000 1,800,000 15 .OOO 150,000 Hohng Hoa Tham 28 -Commune 10,000 165,000 1,800,000 1 5,000 150.000 29 Cdm Ninh Commune 10.000 165,000 1,800,000 15,000 150,000 30 Da LQc Commune 10.000 165.000 1,800,000 15,000 150.000 3 1 Hong Van Commune 10,000 165.000 1,800.000 15 .000 150.000
32 Npuyen Trai Commune 10.000 165.000 1,800,000 15.000 1 150,000 33 PhG Grip Commune 10.000 165.000 1.800.000 1 5.000 150.000 33 Quang Vinh Commune 10.000 155.000 1,800,000 1 5.000 150.000 35 B51 Shy Co~nlnune 10,000 165.000 1,800,000 15.000 150,000 pppp Van Giang District 36 Thing Lai Comlnune 10,000 165.000 1,800.000 15,000 150,000 37 Long Hung Commune 10.000 165,000 1,800,000 15,000 150.000 VAn Lam District
?S Chi Dao Commune 10.000 165,000 1,800,000 15.000 ; 150.000 39 Dr!i Dong Commune 10,000 165,000 1,800.000 15.000 150,000 30 Lac Dao Commune 10,000 165.000 1,800.000 15.000 150,000 Yen MO District I 1 1) 11 Dong Than Colnlnune 10.000 1 165,000 1 1,800.000 I 15 .OOO 150.000 1
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1 Lp Thuhng Kiet 42 Commune 10,000 165,000 1,800,000 15,000 150,000 43 Trung HOB Commune 10,000 165,000 1,800,000 15,000 150,000 44 Viet Cuung Commune 10,000 165.000 1,800,000 15.000 150,000 MT Hao District 45 Cam &5 commune 10,000 165.000 1,800,000 15,000 150,000 46 Hung Long Commune 10,000 165.000 1,800,000 15,000 150,000 47 Npoc Lam Commune 10,000 165.000 1,800,000 15.000 150,000 48 Xuan Duc Commune 10.000 165,000 1,800,000 15,000 150,000
Note: The applied prices in this table basing on the price in Decision No.2555120071QD UBND date. 24 December 2007 for unit cost and procedure of compensation of Hung Yen Provincial People's Committee
9.3.4 Flow of fund .- - Fund for the implementation of RP will be from PPC
The PPC are responsible for:
Payment of compensation and all entitlement allowances directly to DPs, and
Payment to cover costs of overall RP activities.
9.3.5 Inflation adjustment
The rates of compensation and cash entitlements for rehabilitation and allowance payable to the DPs shall be reviewed and, if necessary, adjusted at the actual time of RP implementation based on the actual annual inflation rate upon request of the - CRCs.
9.4 Cost estimation
Expenditures for RP comprising of:
RP preparation
- All work in the office such as design study, preparation of statistic survey foim.
- Survey work: census and inventory, socio - economic survey.
Survey work is carried out in two stages: Preliminary stage (for RP preparation) and Implementation stage (DMS - at the early time of project and RP implementation)
Cor~zperzsatiorzarzd reliabilitation -
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Based on the impacted categories and extent of impacts, which described in the above chapters, compensation and rehabilitation costs are included:
- Compensation for permanently land acquisition.
/-- Compensation for temporary and permanently trees and crops.(including the cost of cutting trees)
- Compensation for relocated houses and structures.(including demolishment cost and repair cost)
- Subsidy and allowance for rehabilitation consist of subsistence allowance for relocating, transportation allowance, restoration allowance, training subsidy etc.
Man azemr ent .- - - Cost for staff of PMB and CRCs includes in physical basis, salary and allowance for administrative organization. PMB and CRCs shall undertake many activities during the project implementation. The rate for management cost is estimated about 2% cost of compensation.
- Cost for training, workshop, infoimation campaign, etc.
When carrying out the project, PMB will enter a contract with an independent external monitoring agency to carry out the external monitoring. Since cost of monitoring work has not yet been envisaged in detail, it is estimated at about 2% of the total cost of the compensation and RP preparation. The interested independent external monitoring agency will prepare the technical and financial - - proposals for-bidding and actual cost will be decided through procurement for --independentmonitoring.
- Based on the experience of iinpleinented and on-going implementing projects, the rate for contingency is estimated about 15% of total cost of compensation and preparation of RP.
9.5 Total cost estimate for RP implementation 9.5.1 Preparation of RP and DMS
Iititial stage - Preparation ofRP
At the initial stage of the preparation for the establishment of RP, a socio - econon~icsunrey workforce has to be established. This workforce will carry out:-
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- Studying the designs and field visits.
- Establishing the socio - economic survey forms (interview) and inventory forms (with preliminary measurements of fixed assets and counting of properties).
= i-- Organizing community meetings and public consultation and distribution of project related Q & As, pamphlets.. . .
- Socio - economic surveys by filling in the "Questionnaires" form and direct interview.
- Data processing and establishment of RP for approval.
- PMB has signed contract with PCCCl and Hung Yen DO1 to carry out the above-mentioned tasks.
--- Cost estimate for Initial stage 524,649,967 VND
Itnplementation stage - DMS
Support working teams of the district CRCs are mobilized to do the following:
- Preparing DMS and inventory forms, RIB - Organizing community meetings.
- DMS and inventory work.
- Negotiation with DPs. - Finalizing the DPs' compensation and rehabilitation forms and submit to CRC for approval.
Support working teams: One team (4 staff /team) for one commune of the project.
Total Support working teams' staff: 4 staff x 1 months = 4 m/m
The estimate also includes expenses on basic salary, per diem, accommodation, traveling of staff, printing of forms, Q & asPamphlets, community meetings.
DMS, negotiation with DP 23 7,605,676 VND
Cost estitnate for it~lplementationstqe (DA4S) 23 7,605,676 VND
Total cost of RP implementation 762,255,643 VND
I licl: Initial stage (Pi-eparatiori ofRP) 524,649,967 TWD
Implenzentatior; stuge (DMS) - "$J Power Company I Powcr Cor:struction Consulting Center NO 1 - Tei: 04.37168287 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province
9.5.2 Compensation and rehabilitation
As already mentioned in the previous chapter, there are no residential land affected, no houses/structures affected and naturally no DP required to be relocated. ~h&efore,the following items will be compensated:
- Compensation for permanent land acquisition.
- Compensation for crops, trees in the permanent and temporary land acquisition.
Impact Unit Compensation Name quantity price No Pay men t (VND) (m2) WND)
2,445 6 1,000 149,120,824 1 Permanent land acquisition 40 1 66,000 26,458,3 13
Compensation for crops 21,853 10,000 I (permanent and temporary)
3 Compensation for trees
9.5.3 Management
Matzanemetzt (1 0% of Compensation Payment)
Cost for staff of PMB and CRCs include physical basis, salary and allowance for adn~iilistrativeorganization. The PMB and CRC shall be undertaken many works during the project implementation and only some members will be contracted to work for a certain period of time.
Total 111 anagement cost
Trainitzg, worksltop, in fortttation catnpaintl
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One intermediate training course and one primary training course are proposed to be organized right at the beginning of the RP implementation and one workshop is proposed to be held at the commencement of actual payment of compensation.
The training courses and workshop are to be organized in Hung Yen province withina short course of time i.e. 1 - 2 days. / - Total estimated cost oftraining courses and workshops 30,000,000VND (including TAs, documentations, administration fees)
9.5.4 Monitoring
The independent external monitoring of RP implementation is estimated at about 2% of total cost of compensation and RP preparation. The interested independent external monitoring agency will prepare the technical and financial proposals for bidding and actual cost will be decided through procurement for independent monitoring agency. .- -
9.5.5 Contingency
The rate for contingency is estimated about 15% of total cost of compensation and RP preparation and implementation.
9.5.6 Total cost for RP implementation
Table 9.5.6 - Total cost for RP implementation
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10. Disclosure
Drafts of RPF and Entitlement Matrix have been disclosed at the People's Co~roitteeof 48 communes belong to 9 districts of Hung Yen' project areas.
Draft of RP has been sent to the office of Provincial People's Committee, PPC and WB' VDIC center in Hanoi, Vietnam.
The final RE' will be cleared by the WE3 and approved by PPC and Hung Yen PPC.
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Project Area Policy framework for Compensation, Resettlement and Rehalibitation of Project Affected Persons Entitlement Matrix Minutes of Community Meetings Sample 'Questionaire' Sample 'Pamphlet9 Inventory of Displaced Person Details of Entitlement of Displaced Person
~3Power Company No 1 Power Construction Consulting Center No I-Tel: 04.37168287 Vietnam: Additional Financing to Rural Energy 2 Project (AFRe-2) Resettlement Plan AFRe-2 of Hung Yen Province
Appendix 1 Project Area
0 Power Company No 1 Power Construction Consulting Center No 1- Tel: 04.37168287 THE MAP OF PROJECT AREAS
Existing and pro posed protected areas in Hung Yen province Cac khu bao ve hien co va d6 xugt 8 Gnh Hung Yen
Vegetation type I~i&u rirng Legend I Chu gii i
Ewrgree n fares1 / Rif ng 1hudng xa n h Proiecled area / Khu b&o v+ Co nifem US foresi f Rf ng 18 kim Provi ncial border f Ranh g i~ilin h bciduous fo red I lad ng rung la (k hop) Dslrid border f Ranh gi di h u* n Semideciduous foresl IRf ng n 3a rr ng li • Commune of project areas/Cac xl thugc du an Limeda ne bwsi I Wng nui da Ba rnboo I W ng ire nda Pla niaiion fores i I W ng i&ng Grassland and scrub / &i inking Ag tic ull ura l land I &I nb ng ng hi0p w+E Waier bodies / M$4 nddc W Mangrove I Wng ngsp men 8 P MPlaleusa I Wng {ram
Vietnam: Additional Financing to Rural Energy 2 Project (AFRe-2) Resettlement Plan AFRe-2 of Hung Yen Province
Appendix 2 Policy framework for Compensation, Resettlement and Rehalibitation of Project Affected Persons
Power Company No I Power Construction Consulting Center N" 1- Tel; G4.37168287 \iN-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
POLICY FRAMEWORK FOR COMPENSATION, RESETTLEMENT AND REHABILITATION OF PROJECT AFFECTED PERSONS
TABLE OF CONTENTS
~ediod1: Introduction
A. The Project B. Policy Framework C. Project Affected People D. Principles and Objectives E. Inventories F. Resettlement Action Plans
Section 2: Institutional and Legal Framework
k. Institutional Framework B. Legal Framework
Section 3: Entitlement Policy
Section 4: Site selection, site preparation, and relocation
Section 5: People's Participation
Section 6: Baseline Information
A. Inventories B. Resettlement Action Plans
Section 7: Implementation Arrangements
. ~
A. - Implementation Schedules B. Complaints and Grievances C. Supervision, Monitoring and Evaluation
Section 8: Costs and Budget \W-Rural Ei;ergy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
SECTION 1 INTRODUCTlON
A. The Project
1. The overall development objective of the VN-Rural Energy 2 Project is to improve access to good quality, /'affordable electricity services to rural communities, in an efficient and sustainable manner. This would be achieved through: (a) major upgrading and/or expansion of rural power networks in about 1200 communes; (b) conversion of current ad-hoc rural electricity management systems to local distribution utilities (LDUs), as legal entities recognized under Vietnamese law, to improve management of power distribution in rural areas, improve hnancial sustainability, and better enable future mobilization of funds; and (c) capacity building assistance for the LDUs, provincial authorities involved in planning and regulation of rural electrification, participating regional power companies, and national authorities. The proposed project would improve access to energy to about 1 million households in Vietnam, including many living in some of the poorest communes. The project also will enable supply of large increases in electric power for expanding productive uses in rural areas, alle&ating a major constraint to local economic growth.
2. The project will include two Project Components:
Rurul Distributio~zSystem Development Conzponent. This will include most of the IDA financing, and is the main thrust of the project. It will be implemented province- by-province, with a medium-voltage (MV) sub-component of about $70 million (about $55 n~illionIDA funds and $1 5 million in counterpart funds) implemented by EVN's subsidiaries, and a low-voltage (LV) sub-component of about $228 million (about $163 million IDA funds and about $65 million in counterpart funds) implemeilted by Provincial Peoples' Committees (PPCs), with technical support and assistance from EVN's subsidiaries.
Capacity Building Component. This component will include both IDA financing of about-$1.5 million, and an associated GEF project, with about $5.25 million in GEF grant financing. This component will support capacity building for the local distribution utilities, especially in system and company management, and for local and national authorities on rural electrification regulation, policy development and planning.
The project will be prepared and implemented in phases. The phase 1-A (to be prepared for the appraisal) includes six (06) provinces namely: Viilh Phuc, Ha Tinh, Quang Ngai, Phu Yen, Ca Mau and Ben Tre with the total of 360 communes. The phase 1B will include six (06) provinces namely Nghe An, Yen Bai, Tay Ninh, Dong Thap, Quang Tri and Thua Thien Hue with the total of 210 communes. The phase I1 will include eighteen (18) provinces namely Lao Cai, Cao Bang, Lai Chau, Hoa Binh, Phu Tho, Thai Nguyen, Bac Giang, Ha Tay, Hai Duong, Hung Yen, Thai Binh, Ha Narn, Nam Dinh, Thanh Hoa, Ninh Thuan, Can Tho, Quang Bin11 and Binh Dinh with total of 558 communes.
3. To iinplement for the first three project components, land acquisition will be required. However, rehabilitatioidexpansion of the medium and low voltage systems would not cause large scale of land acquisition and resettlement. For the ownership and implementatiq arrangements, seven (07) separate RPs will be prepared prior to the appraisal (under the phase 1 (a)) for sgven (07) project provinces. 2 \%-Rural Energy Project 11: Policy Frameulork for Compensation, Resettlement and Rehabilitation August, 2003
4. RPs of remaining proj'ect phases will be prepared later based on the proposed project implementation schedule and this Resettlement Policy Framework (one RP of each phase for each province).
B. Policy Framework ,. 5. This resettlem&t-policy framework prepared based on the PO 4.12 of the World Bank on involuntary resettlement (December, 2001). The principle objective of the Policy Framework is to ensure that all displaced persons @P1s) J will be compensated for their losses at replacement cost 2 and provided with rehabilitation measures to assist them to improve, or at least maintain, their* pre-project living standards and income earning capacity. 6. The Policy Framework lays down the principles and objectives, eligibility criteria of DP's, entitlements, legal and institutional framework, modes of compensation and rehabilitation, peoples participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DP's. \%-Rural El?ergy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
C. The Displaced Persons (DP's)
7. The DP's include the following persons to be identified by the baseline iilformation collected for each Resettlement Plans ('s):
(a) persons whose houses are in part or in total affected (temporarily or permy$ntly) by the project;
(b) persons whose residential and premise andlor agricultural land is in part or in total affected (permanently or temporarily) by the project;
(c) pysons whose businesses are affected in part or in total (temporarily or permanently) by the project; and
(d) persons whose crops (annual and perennial) and trees are affected in part or in total by the Project.
D. Principles- and Objectives . - 8. The principles outlined in the World Bank's Operational Policies 4.12 (OP 4.12) have been adopted in preparing this Policy Framework.. In this regard the following principles and objectives would be applied:
(a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible.
(b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (TIL), surrounding areas of tower foundation, the substation areas, in the service roads under the project as of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost should not bar the DP from entitlement to such rehabilitation nzeasures.
. - (c) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DP's choice ; (iii) replacement of residentiallpremise land of equal size acceptable to the DP or in cash at replacement cost according to DP's choice ; and (iv) transfer and subsistence allowances.
(d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DPs.
(e) The resettlement transition period will be minimized and the rehabilitation means \\rill be provided to the DP's prior to the expected start-up date of works in the respective Project site.
(f) Plans for acquisition of land and other assets and provision of rehabilitation measures will be canied out in consultation with the DP's, to ensure minimal disturbance. Entitlements will be provided by DP's prior to expected start-up af ~vorksat the respective project site. VN-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
(g) The previous level of community services and resources will be maintained or improved.
(h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required.
(i) Institutiopal arrangements will ensure effective and timely design, planning, consuftafion and implementation of RPs.
Cj) Effective and timely supervision, monitoring and evaluation of the implementation of RPs will be canied out.
E. Resettlement Plan (RP)
9. The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement.
Abbreviated Resettlement Plan .- - 10. In case impacts on the entire displacedpopulation are minor, 3 or fewer than 200 peopie are displaced, an Abbreviated Resettlement Plan (ARP) will be prepared by the respective PCs (under EVN ) and consolidated by the project provinces for any given project phase and furnished to the World Bank for its concurrence.
11. Each Abbreviated Resettlement Plan will cover the following minimum elements: (1) a ce~~sussurvey of displaced persons, and valuation of assets; (2) description of compensation and other resettlement assistance to be provided: (3) consultation with displaced persons about acceptable alternatives; (4) institutional responsibility for implementation and procedures for grievances redress;: and (5) a timetable and budget. In the case some displaced persons, lose more than 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures.
12. The Abbreviated Resettlenzent Plan will be completed by no later than four months prior to tl~eestiinpted date for commencement of the works under the project phases. Each .4bbreviated Resettlement Plan will be furnished to the World Bank for consideratio~zno later tlia~ithree 17zonths prior to the actual initiation of the works under the Project. Compensation, resettlement and rehabilitation activities will only commence after the World Bank has found acceptable the respective Abbreviated Resettlement Plan and the EVN and the Project PPC has approved it. The con~pensation,resettlenzent and rehabilitation activities will be completed before aunrdir1.p the col~tractsqf civil works under each sub-project.
Resettlemelit Plan
13. In case more than 200 people are affected by the project, a Full Resettlement Plan (FRP) \frill be prepared by the respective PC in accordance with the provisions of this Policy Framenork. The RP will be furnished by PC under EVN to the World Bank for its concurrence.
14. Each W will include: (1) description of the project; (2) project potential impacts; (3) objective; (4) socio-economic studies; (5) legal framework; (6) institutional fiarnework; (7) eligibility; (8) valuation and compensation for losses; (9) resettlement measures; (10) site selection, site preparation and relocation; (1 I) housing, infrastructure, and secial services; (12) environmental protection and management; (1 3) participation and consultation; (14) i~lte~ratio';; \?!-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003 with host populations; (1 5) grievances procedures; (1 6) organizational responsibilities; (1 7) implementation schedule; (1 8) cost and budget; and, (19) monitoring and evaluation.
15. Each RP will be conzpleted by no later than six months prior to the estimated date for comnterzcement ofthe works. Each RP will be-furnished to the World Bank for consideration by no later tharz three months prior to the actual initiation of the works under the Project. Rehabilitation and assistance activities will only commence after the World Bank has found acceptable the reshcfive RP and the EVN and the project PPC has approved it. Rehabilitation and gssistance activities will be completed before a\barding contracts If civil works under each sub-project. VN-Rural Energy Pro-ject 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
SECTION 2 INSTITUTIONAL AND LEGAL FRAMEWORK
A. Institutional Framework / - 16. The responsibility for preparing and implementing the Policy Framework and RP's are as follows:
(a) The overall responsibility for enforcement of the Policy Framework and for planning and implementing RP's rests with PCs under EVN; the project PPCs and their relevant Departmentshstitutions. The PCs and their Project Provincial Powers (PPPs) are responsible for carrying out census, socioeconomic survey and inventories and preparing RPs and for the day-to-day implementation thereof within their respective jurisdiction. The people's committees at the district and commune levels will participate in the RP preparation and implementation. These administrative units will also ensure the active and effective participation of the DP's in the RP preparation and implementation. In order to have RPs acceptable to the World Bank and to implement RP smoothly, PCs under EVN are responsible for i) hiring qualified consultants to prepare RPs; ii) appointing qualified social safeguard staff at each PC and its Project Management Board (PMB) and Compensation and Resettlement Committees at provincial and district levels.
(b) Funds for compensation will be fiom EVN (for Medium Voltage System) and fiom Project Provinces (for Low Voltage System) and budgetary requirements for economic restoration, other assistance would be either fiom counter part finds or fiom IDA.
B. Legal Framework
17. This section reviews the legal framework and policies of the Government of Vietnam and IDA policies related to land acquisition, compensation and resettlement. It then compares the two approaches. Since there are differences between the WB's policy g~dthe Vietnamese's, the Project requires a waiver of the Vietnamese Government articles of decrees and regulations concerning compensation and resettlement. Subsequently, compensation and resettlement plans will be implemented according to the project policies.
18. The Legal Framework of the Government of Vietnam: The key national laws, decrees governing land acquisition, compensation and resettlement in Vietnam consists of the follo\ving:
The Constitution of Vietnam, 1992 confirms the right of citizens to own a house and to protect the ownership of the house.
The Land Law issued on 15 October 1993, revised and adopted by the National Assenlbly and reissued on October 01, 2001 states: Article I: Land is common property of the people and is subject to exclusive administration by the State. The State assigns the land to Government and Non-Government Organizations, households and individuals for long term stable use with or without land use charge. The State also leases land. Assignee, lessee or individual that hay \iN-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003 land use right transferred from a third party, is by this law commonly called Land User.
Article 3: The State will protect the right and legal investments of Land User. A State assigned household or individual Land User has a right to exchange, transfer, lease, inherit, or. mortgage for a loan the Land Use Right (LUR) 1 - The Civil Law (CL) was approved by the National Assembly on October 28, 1995.
Decree 2211998/ND-CP issued by GOV on April 24, 1998 (replacing Decree 90lCP issued on 17 August 1994) regulates compensation for recovered land by GOV for defense,eecurity, national and public interests.
Circular No. 145-1998lTT-BTC issued 4 November 1998 by the Ministry of Finance provides guidelines to implement decree 22lCP (24/4/1998), including the method to determine the "K factor" for land compensation. 'K" is the coefficient of relative rate between the land price counted by the beneficial potential or the actual land price transfer for the land use rights and land price stipulated by the Provincial People's committee and And cities under the Central Government.
Decree GOICP issued by GOV on July 5, 1994 regulates property ownership and Land Use Rights in urban areas.
Decrees 61lCP issued by GOV on July 15, 1994 regulates dwelling house purchases, sales and business.
Decree 88lCP issued by GOV on 17 August 1994 regulates the Management and Use of Urban Land.
Decree 45lCP issued by GOV on 3 August 1996 regulates the Amendment of Article 10 of 60lCP (51711 994).
. ~ ~ecree87-/CP issued by GOV 17 August 1994 sets Price Framework for Land in the whole country.
The prices for urban land herein have been calculated based on average free market price. The free market price of land varies from ProvinceICity to Province1 city, from area to area in one City, and street front to street backside. It sets the minimum and maximum prices for among others payment of land use rights and compensation for categories of urban land recovered by the State. It establishes the organizational structure for compensation. The ProvinceICity is responsible for determining the compensation plan, setting its own land values within the broad national range. Within this set of local values, the ProvinceICity People's Committee also has the right to apply an adjustment coefficient. The local District People's Committee is responsible for confinning the land and structure areas affected and the entitlements to compensation.
Decisioil No. 302lTTg was issued on 13/5/1996 by the Prime Minister for adjustment of the value of the K factor of Decree 87lCP dated 17/8/1994, and gives wider range for the K factor value. W-Rural Energy Project 11: Policy Framework for Con~pensation,Resettlement and Rehabilitation August, 2003
Decree 1711998,ND - CP was issued on 21 March 1998 by GOV for adjustment of Section 2, Article 4 of Decree 87/CP, dated 17/8/1994. It sets the method for waiving the K factor according to the K value of 87lCP.
Law on Taxation of Land Use Right Transfer, approved by the National Assembly, on June 22, 1994.
Law to re&l&e and amend some articles of the Law on Taxation of Land Use Right on December 2 1, 1999.
Decree 1 14/CP issued by GOV on 51911 994 regulates the Implementation of the Law on Taxation of Land Use Right Transfer.
Ordinance on taxation of Land and Housing issued on October 10, 1992 by State Council of Vietnam.
Ordinance for regulation and Amendment of Ordinance on Tax of Land and Housing (1 992) issued by National Assembly on January 1, 1994. . - Decree 94/CP issued by GOV on 25/8/1994 regulates- the Implementation of Ordinance for Tax of Land and Housing.
Official letter No. 2944lTC-TCT dated October 28, 1995 of Ministry of Finance regulates the tax remission of housing program.
Law on Petition and Accusation approved by National Assembly on December 02, 1998
Decree No. 67/1999/ND - CP, issued by GOV on 7181999 regulates in detail the Law on Petition and Accusation.
19. World Bank Policy on Involuntary Resettlement (PO 4.12)
19.1 The primary.objective of the World Bank policy is to explore all alternatives to avoid or at least minimize-involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that prevailed prior to the Project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, or access to them, and the loss of income sources or other means of livelihood.
19.2 Measures required to ensure that resettlement has a positive outcome include: Consulting with potential Project-affected people on feasible measures for resettlement and rehabilitation; Providing Project-affected persons with options for resettlement and rehabilitation; Enabling their participation in planning and selecting these options; Providing coinpensation at full replacement cost for losses; Choosing relocation sites that provide, at a minimum, the same benefits and senj,ces as the sites they replace; Providing allowances, training and income support to assist in making a smooth transition; ldentifying vulnerable groups and providing special assistance to these groups; and, Establishing an institutional and organizational structure that supports this process tb a successful end. - 9 \%-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
19.3 Eligibility Criteria and. Compensation:
19.3.1 The displaced or project-affected people eligible for compensation will include: (a)those who have formal legal rights to land or other assets; (b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certificates; or up& the permission of local authorities to occupy or use the project affected plots; and (c) those who have no recognizable legal right or claim to the land they are occupying.
19.3.2 Persons covered under (a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under (c) are provided resettlement assisttrrzce, 4 in lieu of cornperisation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off dates defined in RPs. Persons who encroach on the areas after the cut-off date 2 defined in RPs are not entitled to compensation or any other form of resettlement assistance.
20. Valuation sf-and Compensation for Losses: The methodology to be used in the valuation of losses for Bank-associated Projects is based on their replacement cost. In this Project, losses comprise land, structures and other assets. Replacement cost for land include the value of land at market price plus the cost taxes and fees to get Land Use Right Certificate (LURC). For houses and other structures, the market cost of the materials should be used to calculate the replacement cost to build a replacement structure with an area and the quality should be at least as good as those affected. For both totally and partially affected structures, compensation includes market cost of material, plus the costs of material transport, labor and contractor fees, registration and transfer taxes. Depreciation of the asset and amount saved in materials will not form a part of replacement cost.
21. Comparison between Government of Vietnam and World Bank Approaches
There are a number of ways in which the approaches of the Vietnam Government - either in policy or practice - are compatible with World Bank guidelines. The most important compatibilities are: ~ietnamhas a process whereby most people without legal-land rights may meet conditions of legalization and receive compensation for losses. Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two. Resettlement sites offer not only better improved infrastructure and services but represent a higher standard of living. Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal. Differences between the approaches and measures that need to be addressed within the program also exist. However, in this context, procedures exist within national and City governnlents that allow the granting of waivers of domestic law on specific projects that may be in conflict with that of the funding agency. On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible. The government has its own process in place urhereby land occupied without legal documentation can be legalized; this land, however, is con~pensatedfor at a rate equal to 100% of land price nlinus the taxes and fee for land use right registration from 15 October 1993 (Article 6, 7, 9, 10 of Decree- 3812000 ND-CP on the payment for the Land Use Right). VN-Rural Energy Project 11: Policy Framework for Compensation. Resettlement and Rehabilitation August, 2003
C. Required Waivers .
22. In order to meet the requirements of the World Bank OP 4.12 on Involuntary Resettlement a number of articles in various Vietnamese laws and regulations which do not ensure compensation at replacement cost or set eligibility provisions which do not extend the right to rehabilitation. and or assistance to households without proper land paper, will be waived. /' - The articles of law and regulations that will be waived are mentioned below:
23. Eli~ibilityto Compensation - Decree 22/CP
23.1 Article 7 o?~ecree221 CP (Non eligibleperso~zsto compensation of land) stipulates that "The person whose land is recovered and who has not met one of the conditions stipulated in Article 6 of this Decree or who has violated the plan already ratified by the competent level, and such violation has been announced, or who violates the comdor protecting work, or who illegally occupies land shall not receive compensation when the state recovers the land. The People's Committee of province or City directly under the Central Govemment shall consider and make decisions on a case by case basis".
23.2 Article 16 of Decree 22/CP (Principle for co~npensationof lost property), Item 3, stipulates that "The owner of affected property on recovered land as mentioned in Article 7 of this Decree, based on each individual case, the People's Committee of the province or City directly under the Central Government shall consider and decide the assistance"
23.3 To ensure that the objectives of this resettlement policy are met, a special decision of the Govemment waiving Article 7 and Article 16 of Decree 221CP is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in the policy.
24. Price ofLand for Calculation of Compe~zsation
24.1 According to the Vietnamese regulations, calculation for land co~npensationwill be based on Decrees 87/CP, 22/CP, 17/1998/ND-CP and Decision 302lTTg.
24.2 Article 4 of- Decree 871 CP states that compensation of land must fall within the Government's range of minimum and maximum prices.
24.3 Article 8 of Decree 221 CP states that the prices of land for calculation of compensation for damage shall be determined on the basis of local prices of land issued according to the provisioils of the Government multiplied by a coefficient 'K' in order to ensure compatibility of the compensation with profitability and the prevailing land prices of the locality. The "K" coefficient of relative rate between the land price counted by the beneficial potential or the actl.ral lrr~idpricetl-allsfer for the land use I-iglzts and land price stipulated by the Provincial Peoples' Coinmittees and cities under the Central Government.
24.4 To ensure that the objectives of the project resettlement policy are met, unit price for land compensation established by the Pi.aject ProvincialICity People's Committees will be adjusted to meet at replacement costs.
25. Assisrailce Policy for DPs who Rent Houses fi-on1 the Government - Decree .?2/CP VhT-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003 25.1 Article 25 of Decree 22lCP states that DPs who rent government houses and do not want to continue to do so shall be assisted in cash at a rate equal to 60% of the cost of the rented house and 6OoA of the cost of the land.
25.2 To ensure that the objectives of the policy are met, a special decision of the Government of VietNam regarding waiver of Article 25 of Decree 22lCP is needed to permit assistance and rehabilitation measures for DPs who share rented government housing as proposed in this = policy. ./ -
25.3 The Prime Minister of Vietnam and Chairpersons of the project provinces in approvingladopting (prior to the project appraisal) the policies and objectives set forth in this Policy Framework will grant the waivers to the above mentioned Articles 7, 8, 16, 17, 18 & 25 of Decree 291cp; Article 4 of Decree 87/CP, and any other laws or regulations which contradict this Project Resettlement Policy.
25.4 The Item 4, Article 2 of Decree 1712001ND-CP dated May 04, 2001 to guide on the ODA management stipulates that "in the case of the international agreements on ODA have been signed between GOV and sponsor stipulates other contents, then that international agreements willhe followed" VN-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003 SECTION 3 ENTITLEMENT POLICY
26. DP's will be entitled to the following types of rehabilitation and assistance measures:
(a) DP's losing agriculturaVproductive land and crops
(i) if the portion of the land to be lost represents 10% or less of the total area of the landholding, and the remaining land is still a viable economic holding, cash compensation, at full replacement cost for the acquired area may be provided to the DP (ii) if the portion of the land to be lost more than 10% of the total area of the - landholding and the remaining holding is not viable then the project will acquire the entire landholding and provide "land for land" arrangements of equal productive capacity, satisfactory to the DP. However, if the DP prefers to receive cash instead of land, then cash compensation at replacement cost is applied. (iii) DP's will be compensated for the loss of standing crops at market price, .- -- productive trees will be compensated at replacement cost. (iv) DP's whose land is temporarily taken by the works under the project will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure. Land will be rehabilitated after the project construction by each PC and its PMB.
(b) DP's losing residential land and house/structure
(1) The mechanism for con~pensatingloss of residential land and structures will be: (1) the provision of replacement residential land (house site and garden) of equivalent size, satisfactory to the DP or cash compensation at replacement cost according to DPs' choice; and (2) cash compensation reflecting full replacement cost of the l~ouse/structures,without deduction for depreciation or salvage materials or compensate in kind according to DPs' options.
-(ii) If residential land is only partially being affected by the project and the remaining areas are not sufficient for reorganizing~~'shouse then at the request of the DP, the entire residential land will be acquired at full replacement cost.
(iii) If house/other structure is only partially being affected by the project and the remaining areas are not convenient to using, the house/ structure will be acquired at full replacement cost, without depreciation.
(i) Tenants, who have leased a house for residential purposes will be provided with a cash grant of six months rental fee at the prevailing market rate in the area, and will be assisted in identifying alternative accommodation.
(c) DP's losing business
(i) The mechanism for compensating loss of business will be: (1) the provision of alternative business site of equal size and accessibility to custon~ers, satisfactory to the DP; (2) cash compensation for lost business structure reflecting full replacement cost of the structures, without depreciation; a& (3) cash compensation for the loss of income during the transition period. .- 13 \T-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
(d) DP's will also be provided compensation at full replacement cost, without deduction for depreciation and salvage materials for a11y other fixed assets affected in part or in total by the project, such as tombs and water wells, etc.
27. In cases where community infrastructure such as schools, factories, water sources, roads, sewage systems is damaged, the PPC of the project provinces and EVN will ensure that these would be restored or repaired as the case may be, at no cost to the community.
28. Besides the direct compensation for the losses, DPs also will be entitled to additional assistance (subsidieslallowances) as stipulated in the Decree No.22 of GOV. These subsidies1 allowances are as below: a) ~ransbortationallowance According to the Article 17 Of Decree 2211998 CP, all DPs relocating within the province are entitled to a minimum allowance of 1 million VND and maximum of 3 million VND. All DP relocating out of the province are entitled to a minimum allowance of 3 million VND and maximum of 5 million VND. This subsidy al1owance.i~for the transportation of their salvageable materials and living facilities. . - b) Subsistence allowance for relocating According to Article 25 of Decree 2211998 CP, all relocating DP shall, for a period of six months receive a cash allowance equal to 30 kg of rice of average price per month for family member. If DP have to be relocated to another province and the impact is severely, this subsidy period could be for one year. c) Restoration allowance DPs, who are permanently affected more than 10 % of productive land or incomes, will be entitled to trainings or other economic restoration programs at about VND 1,500,000 for household. d) Relocation bonus According to Article 26 of Decree 221 1998 CP, a bonus of maximum 5 million will be awarded to DP who dismantle their houses and vacate their premises in accordance with tbe resettlement schedule of will get a maximum bonus of 5,000,000 VNDI HH. 29. By the nature of the project impacts, the potential impacted categories are classified into seven (07) categories. The entitlement matrix is attached (see Annex I) 30. Voluntary Donation: For the rehabilitatiodexpansion of Low Voltage System, where there are DPs who would be marginally affected on residential landother assets and who may choose to contribute affected landassets in lieu of a cash contribution for the project construction, a procedure for determining and documenting the voluntary nature of the contribution are as follows: step 1 : Local authorities clearly inform to all DP about this project resettlement policy, and the actual entitlement to compensation. step 2: Volunteer DPs sign in the DMS and Entitlement forms for the affected assets and asset(s) which they choose to contribute for the project, and these forms will be filed in ProvincialIDistrict Compensation Committees' offices. step 3: a sample of about 20% of volunteer households will be checked by independent monitoring agencies at the beginning times of RPs implementation and reports of independent monitors on this matter will be submitted to IDA for its concurrence. - VK-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
The above procedure will alzo be clearly guided in Project Implementation Manual (PIM).
SECTION 4: SITE SELECTION, SITE PREPARATION, AND RELOCATION
3 1. If there are families have to be relocated because of the project impacts and resettlement sites are required. 7216~~sand local authorities will clearly describe in RP about alternative relocation sites considered and explanation of those selected, covering:
(a) institutional and technical arrangements for identifying and preparing relocation sites, for which a combination of productive potential, locational advantages, and other fadeors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources;
(b) any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites;
(c) procedures for physical relocation under the project, including timetables for site preparation and transfer; and
(d) legal arrangements for regularizing tenure and transfemng titles to resettlers.
(e) housing, infrastructure, and social services. Plans to provide (or to finance resettlers' provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. (f) a description of the boundaries of the relocation area; and an assessment of the eilvironrnental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement).
SECTION 5 - PEOPLE'S PARTICIPATION
32. The local authorities and its relevant organizations, DPs and host communities will participate throughout the various stages of the planning and implementation of RPs. The DPs will be fully informed of the provisions of this Policy Framework at public meetings held by the respective PC, its PMB and local authorities.
33. Each DP will be hlly informed and consulted by the relevant District Peoples' Committee and/or Communes Peoples' Committees of their entitlements and rehabilitation choices under the respective .
SECTION 6 BASELINE INFORMATION A. Census and Inventory - 34. The baseline information will include the following information for each household: - 15 VN-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation ~ugust,2003 number of persons and names; number, type, and area of the houses lost; number and area of all the residential plots lost; number, category and area of agricultural land lost; quantity and types of crops and trees lost; businesses lost including structures, land and other fixed assets; productive assets lost as a percentage of total productive assets; quantitfand category of other fixed assets affected by each sub-project; and temporary damage to productive assets.
The proposed census and inventory form is attached (see Annex 2)
B. Resettlement Plan
35. The baseline information for a RP will include: (a) an Census and Inventory (see above); and (b) a detailed socioeconornic survey of all DP's describing their age, sex, ethnicity, education, occupation, sources of income, and total household income. The proposed form for socio-economic .is-attached (see Annex 3).
36. The entitlements of DPs will be calculated based on the above information. The proposed entitlement form is attached (see annex 4).
SECTION 7 IMPLEMENTATION ARRANGEMENTS
A. Implementation Schedule
37. A detailed implementation schedule of the various activities to be undertaken will be included in each RP.The RP implementation schedule must be developed based on the linkage to the civil work implementation schedule.
38. Pa ynt ent of rehabilitation and furnishing of other restoration/assistance entitlements (in cash or in-kind), and relocation if that be the case, have to be completed ~riorawardinz contracts~forcivil works.
B. Institutional Arrangement
39. PCs and all project provinces will arrange adequate and experience staff to make sure that RP will be implemented smoothly as approved schedules.
C. Complaints and Grievances
40. Complaints and grievances related to any aspect of RP implementation, including the determined t: 2 quantity and price of the lost assets, will be handled as follows:
First step: If ally person is aggrieved by any aspect of the resettlement and rehabilitation prograin, he/she can lodge an oral or written grievance with commune authorities. Commune People's Committee will resolve the issue within fifteen days from the date it receive the complaint. Second step: .- W-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003 If any aggrieved person is not satisfied with the decision in stage 1, helshe can bring the complaint to the District People's Committee (DPC) or District Resettlement Committee (DRC) within fifteen days from the date of thereceipt of the decision in stage 1. The District People's Committee (DRC) or District Resettlement Committee (DRC) will reach a decision on the coinplaint within fifteen days. Third step: If the DP is stjll not satisfied with the decision at district level, helshe can appeal to the Provincial pedple's Committee (PCC) or Provincial Resettlement Committee (PRC) within 15 days of receiving the decision of the DPC or DRC. The Provincial People's Committee (PRC) or Provincial Resettlement Committee (CRC) will reach a decision on the complaint within fifteen days. Fourth step:
If the DP is not satisfied with the decision of the Provincial level, the case may be submitted for consideration by the District Court within 15 days of receiving the decision of the PPC or PRC.
41. DP's will be exempted from all administrative and legal fees. -.- D. Supervision, Monitoring and Evaluation
42. Irnpleinentation of RPs will be periodically supervised and monitored by the respective PCIits PMB in a close coordination with the respective Peoples' Committees at different administrative units and independent monitoring agencies The findings will be recorded in quarterly reports to be furnished to EVN, PCs and Project Provincial Powers.
43. Internal monitoring and supervision will:
(a) Verify that the baseline information of all DP's has been carried out and that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of this Policy Framework and the respective .
(b) - Oversee that the RPs are implemented as designed and approved. - (c) Verify that hnds for implementing the RPs are provided to the respective PMBs in a timely manner and in amounts sufficient for their purposes, and that such hnds are used by the respective PMB's in accordance with the provisions of.
(d) Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner.
44. Independent Monitoring: An independent agency or agencies or individual consultant will be retained by PCs of EVN to periodically carry out external monitoring and evaluation of the implementation of RPs. The independent agencies will be academic or research institutions, non-Governmental Organizations (NGO) or independent consulting firms, all with qualified and experienced staff and terms of reference acceptable to the World Bank.
45. In addition to verifying the information hrnished in the internal supervision and monitoring reports of the respective PCs, the extenlal monitoring agency will visit a sample of 20% of l~ousel~oldDPs in each relevant province six months after each implementation to: \iN-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
(a) Determine whether the procedures for DPs participation and delivery of compensation.and other rehabilitation entitlements has been done in accordance with this Policy Framework; and
(b) Assess if the Policy Framework objective of enhancement or at least restoration of living standards and income levels of DPs have been met.
(c) ~at~r=~ualitativeindications of the social and economic impact of Project implementation on the DPs.
(d) Suggest modification in the implementation procedures of s, as the case may be, to achieve the principles and objectives of this Policy Framework. VN-Rural Energy Project 11: Policy Framework for Compensation, Resettlement and Rehabilitation August, 2003
SECTION 8 COSTS AND BUDGET
46. Each RP will include detailed cost of rehabilitation and other restorationlassistance entitlements and relocation of DPs, if that be the case, with a breakdown by agricultural land, residential land, business land, houses, businesses and other assets. The cost estimates will make adequate pro$i&n for contingencies.
47. Sources of funding for the various activities will be clearly specified in the cost tables. For Rural Energy sub-projects, funds for implementing RPs will be from counterparts: PPC will arrange budget for implementing RPs of the Low Voltage Systems and EVN will arrange budget for implementing RPs of the Medium Voltage Systems.
Annexes
1. Annex 1 : Entitlement Matrix 2. Annex 2: Proposed Inventory form of Project Affected People 3. Annex 3: Soclip-Economic Household Data Sheet of Project Affected People 4. Annex 4: Entitlements of Project Affected People
Note: LThe term "displaced persons" refers to persons \vho are affected in any of the ways described in para. 7(c) and 19.3.1 of this RF'F.
-2 "Replacement cost'' is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard.
3 "Entire displaced population are minor": Impacts are considered "minor" if the affected people are not physic~llydisplaced and less than 10% of their productive assets are lost.
-4 Resettlement assistance : Resettlement assistance may consist of land, other assets, cash, employment. and so on. as apj;ropriate. -
-5 the cut-off date: Normally, the cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delinearion to prevent further population influx. Vietnam: Additional Financing to Rural Energy 2 Project (AFRe-2) Resettlement Plan AFRe-2 of Hung Yen Province
Appendix 3 Entitlement Matrix
o@ Power Compafiiy No 1 Power Constr~~ctionConsulting Center No1- Tel: 04.37168287 RURAL ENEGY PEROJECT 2 ENTITLERI ENT MATRIX ANNEX l
Type of loss Applic a t'Ion Definition of Compensation Policy Implementation lssues entitled DPs -- I Temporary acquisitio~l All DPs have - Cash compensation for affected trees at - Trees have to be cut are regulated by Article 7 of the of productive land in trees, crops, with/without the replacemelit cost plus cost for cutting Government Decree 54/1999/ND-CP, July 81h. 1999 on the ROW other assets in land certificate trees, crops at market price. Number of protection of the high voltage networks. ROW included in the crop patterns to be compensated based on * inveiltory or 1 the time of temporarily acquired of land. - PCs and local authorities determiy and ensure that compensation for trees will be at the replac~mentcost and for able to prove - No compensation for land land crops at the market price. If DP is reqdested for cutting - Rehabilitate land after the project occupancy affected trees, PCs or Provinces will pay money for this construction. pnor to cut-off work. DP has right for using salvageable trees. date. - Full compensation at least 01 month before land clearance. Payment to DPs will be delivered by PC and District Resettlement Committees (DRCs). - Affected land in ROW will be rehabilitated by contractors after the project construction and land in ROW could be used with the restricted purposes. - Finance available for compensation and well information disclose/ disseminate to DPs and key stake holders.
Temporary acquisition All DPs with - Cash co~npensationfor affected fruit trees - Trees have to be cut are regulated by Article 7 of tile of residential and orchards or and trees at replacement cost. Govemnient Decree 54/1999/ND-CP, July 8Ih, I999 on the garden land in ROW trees in ROW - No compensation for land protection of the high voltage networks. without house or structures in ROW - Rehabilitate land after the project - PCs and local authorities determine and ensure that construction. compensation for trees will be at the replacement cost. If DP is requested for cutting affected trees, PC or Provinces will pay money for this work. DP has right for using salvageable trees. - Full compensation to DPs at least 01 montli before lalid clearance. Affected land in ROW will be rehabilitated by contractors after the project construction - Payment to DPs will be delivered by PCs and DRCs - Finance available for compensation and well information disclose/ disseminate to DPs and key stake holders. Temporary impact on All DPs have IIouse/ building: I - House and building have to be demolished or could be residential and garden househuilding - DP can opt for : i) Remain their houses or existed are regulated by Article 8 of tlie Government Decree land. Partial and treeslfruit building in ROW with tlie conditions 5411999lND-CP, July 8'h, 1999 on the protection of the high househuilding within trees in ROW re~~llatedhv Article 8 of the Gnvemment voltage networks. Type of loss Application Definition of Compensation Policy Implementation Issues entitled DPs -- TOM' (area in ROW Decree 5411999lND-CP. July 8Ih, 1999 on - PCs and local authorities determine and ensure that less than 10% of total (lie protection of the high voltage networks. :ompensation will be paid at the replacement cost, without irea) and the Subsidy allowance for fil-eproof materials deduction for salvageable materials. jemolished area does and lightning a~~estorsfor the existing - DPs will demolish the impacted part/ room and lot impact to the househuilding; or ii) Cash compensation reconstructlor improve their houses themselves. remaining for the directly affected rooms at the -1 + househuilding. replacement cost and cost for demolishing - R~llcompensation for trees and fnlit trees at least 01 month Residential land and an affected room . before land clearance. If DP is requestedhr cutting affected garden land outside of - No compensation for land. trees, PC or project provinces will pay mohey for this work. ROW is sufficient for - Rehabilitate land after the project DP has right for using salvageable trees. re-organizing (not less construction by contractors. - Full entitlement payment to DPs impacted on househuilding than 60 ni2). Tree and fruit tree at least 03 months before land clearance. - Compensation for affected trees and fruit - Payment to DPs will be delivered by PCs and DRCs trees at the replacement cost. - land in ROW could be used with restricted purposes. Allowances: - Finance available for compensation and well information - Relocating allowance of 3.0 kg of rice disclose1 disseminate to DPs and all key stake holders. equivalent per person per month in six nionths. Temporary impact on All DPs have House1 building: - House and building have to be demolished or could be residential and or liousehuilding - DP can opt for : i) Remain their houses or existed are regulated by Article 8 of the Government Decree garden land. Impact and treestfruit building in ROW with the conditions 5411 999ND-CP, July 8', 1999 on the protection of the high Inore than 10% or less trees in ROW regulated by Article 8 of tlie Government voltage networks. than 10% of total Decree 5411999ND-CP, July 8Ih, 1999 on - Consultation for DP's options on remain their house in househuilding area the protection of tlie high voltage networks. ROW or move out of ROW. but the demolished Subsidy allowance for fireproof materials . PCs and local authorities determine and ensure tlial area will impact to and lightning arrestors for the existing compensation will be replacement cost at the time ol the remaining of househuilding; or ii) Cash compensation at payment. houselstructure . Land replacement cost for full areas of impacted - DPs will demolish the impacted areas and reconstructlol outside of ROW is househuilding and demolish DP's house in improve their houses themselves. sufficient for ROW. reorganizing ( not less - No compensation for land. - Full compensation for trees and fruit trees to DPs at least 01 than 60 m2). - Rehabilitate land after the project month before land clearance. If DP is requested for cutting construction by contractors. affected trees, PMB will pay money for this work. DP has right for using salvageable trees. Tree and fruit tree - Full compensation payment for impacted house and - Con~pensationfor affected trees and fruit allowances to DPs at least 03 nionths before land clearance. trees at the replacement cost. - Payment to DPs will be delivered by PCs and DRCs Allowances: - Cleared residential could be reused with other restricter - - l'ype of loss Application Definition of Compensation Policy Implementation Issues entitled DPs -- - relocation allowance of 30 kg of rice equivalent per person per ~nontliin six Finance available for compensation1 rehabilitation and well months. nformation disclose/ disseminate
- - - Temporary impact on 411 DPs have IPS can opt for one of the followings: - youse and building have to be demolished or could be residential and or lousehuilding i) Reniain their houses or building in ROW txisted are regulated by Article 8 of the Government Decree ~ardeiiland in ROW. ~ndtrees, finil 5411 999MD-CP, July 8Ih, 1999 on the pro?ection of the high with the conditions regulated by Article 8 of 9 Full or partial rees in ROW the Government Decree 5411999lND-CP, voltage networks. iousehui lding July 1999 on the protection of the high - Consultation for DP's options on remain their house in impacted and land voltage networks. Subsidy allowance for ROW or move out of ROW outside of is not fireproof niaterials and lightning arrestors - PMB and local authorities determine and ensure that sufficient for for the existing houselbuilding; or ii) Cash compensation will be at replacement cost at the time of reorganizing (less than compensation for the whole residential are2 payment. which DP occupied (not only for the 60 m2) - Replacement land, and resettlement sites development. impacted areas) and properties associatec with occupied land at replacenient cost - DPs receive compensation will demolish the impacted house Impacted land will be obtained by local areas and reconstructfor improve their houses themselves. authorities; or ii) "Land for land" with thc - Full compensation payment for trees and fruit trees to DPs a1 sanie area which DP occupied and cash a1 least 01 month before land clearance. If DP is requested fo~ replacement cost for tlie affected asset! cutting affected trees, PCs or project provinces will pay associated with land. Land occupied by DF money for this work. DP has right for using salvageable will be obtained by local autliorities. trees. - Compensation for affected trees and fruit - Full compensation for impacted house and allowances tc trees at the replacenient cost. DPs at least 05 months before land clearance. Allowances: - Payment to DPs will be delivered by PCs and DRCs - Relocating allowance of 30 kg of ricc Cleared residential could be used with other restrictec :quivalent per person per month in si, purposes. nonths - Finance/ land available for rehabilitation and restoration an - Transportation allowatice for relocating DP well information disclose1 disseminate to DPs and key stak according to the Compensation Decree holders.. 2211 998 CP dated April 22, 1998 of GOV. - PCs and local autliorities will consult with DP who ar - Rehabilitation assistance if DPs eligible to restoration programs for their options and prepar permanently losing business or more than proposal for restoration programs in the period of RA 25% of their incomes. implementation. - Incentive for relocating in a timely manner: maximum 5,000,000 VNDIHH
'errnanent acquisitior All D P: For DP losirig prorl~rctivelarld: - Consultation for DP's options on land compensation. Type of loss Application Definition of Compensation Policy Implementation Issues entitled DPs
~f land for tower ccupied land 1. Larlcl 1o.r.r 1e.r.r ~hcr~i25% qf llreis lolnl - PMB and local authorities determine and ensure that bundations, substation .nd properties laridlroltlings :ompensation will be at replacement cost at the time of ~ndaccess roads etc. ~ssociated with Cash compensation for the lost area if the payment. and emaining plot is st111 econon~icallyviable. - Replacement land, and resettlement sites development. ~ermanently - Cash compensation for the whole impacted - DPs receiving compensation will demolish the impacted mpacted by plot if the remaining plot is not args and reconstruct/or improve their houses themselves. owers economically viable. \ bundations, - Full compensation for trees and fruit tree: to DPs at least 01 iubstation and - Cash compensation for properties month before land clearance. If DP is reduested for cutting iccess roads etc. associated with land affected trees, PMB will pay money for this work. DP has . Larid loss eqzml or rlior-e ~han25% of right for using salvageable trees. their- total landholdings: - Full compensation for impacted house and allowances to IP can opt for the followings: DPs at least 05 months before land clearance. i)"Land for land" with the same area and - No award civil work contract before completion of productive of impacted area if the remaining compensation and reorganizing houses or relocation. plots are still economicviable and for the - Payment to DPs will be delivered by PCs and DRCs whole inipacted plots if the remaining plots are not economicviable. Finance1 land available for compensation1 rehabilitation an( ell information disclose/ disseminate. ii) Cash for land at the replacement cost. PCs and local authorities will consult with DP who arc - Compensation for trees and affected hit :ligible to restoration for their options and prepare proposal fo trees at the replacement cost. .estoration programs in the period of RAP implementation. - Rehabilitation assistance. - DPs will be granted with Land Use Right Certificate For DP losing Residential and garden without payment of administrative fees. land: - If remaining land is sufficient for reorganizing (not less than 60 m2): Cash compensation for lost area and assets , associated with land. - If remaining land is not sufficient for reorganizing: DP can opt for i) cash compensation at veplacement cost for land and assets on land, lr ii) "land for land" compensation for the whole residential area which DP occupied [not only for the impacted areas) and properties associated with occupied land. For ~ffected house and building, the same mtitlement to DP of categories 3 or 4 or 5. Type of loss Application I Definition of 1 Compensation Policy Implementation Issues entitled DPs impacted on All IlPs Temporary on business or other - Full compensation for incomes lost to DPs at least 01 month business or other i~llpacted before land clearance. I serYICes. 1 ' IDPservlces 1 b~~s~ness 1 / - PCs and local authorities will consult with DP who are I other services Compensation for income lost in the eligible to rehabilitation for their options and prepare affected time proposal for rehabilitation programs in the period of RAP (b) Pemianent impact oil business or other im'blementation. services. \ Rehabilitation assistance.
Vietnam: Additional Financing to Rural Energy 2 Project (AFRe-2) Resettlement Plan AFRe-2 of Hung Yen Province
Appendix 4 Minutes Community of Meetings
Power ~orn~ari~No I 8 Poiver Construction Consulting Center No1- Tel: 04.37168287 Du ar? Nanq Iuunq n6nq lh6n.2 mu ronq - finh Hunq \'Pn co~c,HOA xii H~ICHU NGH~AWET ~.-\ivi Doc lap - 'hi do - Hanh phuc
BIBN BAN THAM VAN C~NGDONG VC ~k HOACH BEN BU VA TAI BINH CU
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K.... -+el.... iii;.... .:...... nghy thang nam 2008 DAI DIEN DCSIV \'I TU' \'iN Danh sach c4c h<) d4n than) du huiii than1 vsn --- Ho va ten I Dia chi' I I Y , Lh 7 1 tfn Y i G2 'I I Ld& I - ~9!&. L)LlLv,v Y 1 @L- (f I@!? '0 : ~ &A 1 t l I i iLY- II - 1 3 P&L~G~.AT* 12 1 1 Y lr b- TfiM - -/4?lh DL?a,: Nano luo:,~n6nq lh6n-'2 rnb r5nq' - tinh Hunq Yen C~NGH~A x.? H<)I CHU NGH~AUET N.01 D<)clap - Tq do - Hanh ph~ic i - Thhnh phan tharn du : 1. Dai dien chc d&u tu 0n9/bh : ...... Chirc \JU : ...... i,ilai dilj.n/ngu.bi dim: 3iu cac n116m d&nroc thidu so (, ni'u cd ) : ?, Ony'bi~ : ...... Dan roc : ...... 6ng,bh : ...... Dan IQC : ...... i.Dai dien cic hii, doin 1h6 dja ph~rons: ai 0ng/b8 : .&%.?r;d~~..r~.&&...... Chlic \i! : .&.C~EL:.U~~LL~C..YC~:I ...... h j 0ng/bi :dc-...l'~5i...dk...... CIIUC\IU : O~.'.dd.... ~CICL..~; ...... c 1 6ng/bi : .Ga/il..,L;;~..#Lu~...... ~hirc\," : ..h:.'.~((c~,<..dc~?i.YO:...... d; 0nS/bh : 4...... i~~>i...... CIIUC \.U : ~L~..?d.24..K.C@ LC.:...... c i 6ne/bi :,&2: 4- A,.&:: .... A%;::...... Chuc \," : [&. :.dti!... ~zk~n. . .YO'...... r~ Ong/bi : ...... Chuc \.u : ...... 9 On?/l>i : ...... C~UC1'~ : ...... ' 7. , ,- 6. ilgi dicn c;ic !I(: pi2 ciinti ...... :.!.b/(:,.cl.... nf~rtii.11.ons d6 SO ~iglrlridkn I<)C ~II~BLI5;; : ....(:...... I1 - S\'oi clung than1 \.5n : 1. fIo11 1-i11r itfli~1116~1.q buo : 111 - 9 kicn t~ilihluan (n1i;in \GI. d6111i gii I 14 d& sujt cua luItin (1.Z cic i:el qu:: :lid~iiik.n ni.u rrkn. d3c bie~lii siii phip _ciiin~rlii2~1 cdc rric d@nglieu cuc riem isng doi \.hi cric liij bj in11 li~rirnfhi? DUAn. cl$c biei 661\.(ij c.3~!ii~ Ill d;in I qL/ ."& 4 Ln;n. I Hq va ten I Dia chi DU an. NSnq luona nonq thbn.2 mu - tinh Hunq Yen CONG HOA XA H'OI CHU NGHIA VIET NAR4 Doc lap - Tu do - Hanh phuc BIEN BAN THAM VAN CONG DBNC VE KE HOACH DEN BU VA TAI DINH CU' I - Thanh phan tham du : 1. Dai dien chii d6u tu 0ng/b8 : ...... Chuc "2 : ...... 2. Dai di@--dan\~i tu v&~i ,. P ~n,g/bi: ...... TE..$G,U.... Sb ...... ~hric1.u : ..p.'.:%,,... 0 1. .Q ...... n 3. Dai dien UBND xii ...... Huyen : .... '- 0ng/bibk : ..hii! ...... 1.Dai dienlnguai dims d2u cic nliom dan toc thi6u s6 ( neu co , : Ong/bh : ...... Dan roc : ...... Ong/bh : ...... Dan roc : ...... 5. Dai dien cac hoi. doin the dja pliumg : C -1 / - 1 / . a l OII~/~-I~: .. .,!!ifi:. .. .I:&(. .. T&...... CII~~C: . .O.. .t~. ..L!!&. .SY?~ . XC...... - -;- +C ./- ...... Chuc 1.u : ..& ...... yn...@i&...L !% ..... Q...... / ...... ~hiic1y : . ~i....-1~:. .&[I.. .&.rc:f.. j?. ice, ..F...... hc1 : ...... ih ...... f) Ong/bi : ...... Chuc lru : ...... g) Onf/bi : ...... Chuc vu : ...... 6. Dai dien cric ho ~iadin11 ...... $.,i.$/dSng~rbi. tsnns d6 56 ny~rbidan roc (liiiu s6 : ..L...... I1 - KOi dung than1 van : I. Dox 1fi trr ,.UII thong hao VP' : - Noi dung du A11 ( I!; do diiu tlr. q~i!~]no c6ng tfinli. 1'1rri huhg t~1!.2n ... - Chin11 s6ch Din bi~.T6i d/nh cu. cliinli sic11 doi \~6iNguiri D3n Toc rliiiu sci cua U'U 112 cia cliinli plii~Viet Nam - A/luc lieu cua kc ho;!ch hi1111 cloiig T6i djnh cLr (KPI 1i1: jJ6i 9 kien rlr \%'n cua ngubi ddn coiig dong. di suLr cic ~iiiphdp giim tlii6~1cic tic dons lieu cyc d6i \:Bi nhinlg ng~riri bj iinli liu&ig bCri Du in \'a 116 Irq iio kh6i ])ll!lc diri s6ng it nlih't I~Ihing hoac hcrn truci.c khi hi iinh Iiuhg h?i Dlr in ( iill~rc;ic hicn plilip D61l bi~.H6 11-Q klioi ph~~... i 2. ki& tharn rcii? crib ceng ddng : I11 - $ ki6n binh luan (nhqn s21. din11 gii) d6 xuat cua l'u. van (\i ciic ktj't qua tliam \.in nku trtjn. dGc biCt I2 giii plirip giim thieu cic tiic d<)ngriku ct:c ti6m ring d6i 1.4 clic IiQ bi :in11 hircvn~bai Du rin. dgc bier doi \.aicAc hQ IB dan roc thie'r~s6 san cho phi^ 1iup rp.6 18Bnhcia a. ) ...... ngay thhng 8 n2rn 2008 DqI DIEN DON VI TU V.4N Danh sach cAc hi) dan than1 du buvi than1 va'n J I I STT 1 Ho va ten Dia chi Du ari Nanq Iuanq nbnq thbn 2 ma r5nq - tinh Hunq Yen CON<; H~A?LiHOI CH~INGHIA VIET Nr\hl D6c lap - Tu do - Hanh phuc BIEN BAN THAM VAN C~NGDBNG VE KE HOACH DEN BU VA TAI DINH Cu * I - ThBnh phdn tham du : I. Dai dien ch~id8u tu Ong/bb : ...... ChUc : ...... 2. Dai dicp-dm. - tu vi'n : 1. -' : ..NfY.... $.J%...&,? ...... ChUc : ...... &: ...... 4. D;!i dien/ngu,bi dhgd8u cic nho111 dan toc 111ieu s6 ( neu co : " Onn/bi2 : ...... Dan toc : ...... Ong/bi : ...... DAn tQc : ...... 5. Dai dien cdc hoi, doin the d/a phucn~g: -I- / ' '/ a) 6np/bk : ....n!$~~;?~ ...... &,.d...... CIIUC : d~.LT... ?'!.f .&...A...... J - b) Onp/bb : ...I!/ ...... Chiic vu : .ILL ....&~...#L:..,iu..~.& ...... zLl..&r?. .- ...... :...... C~UC\!I! : ... fl.:..fi~~!i'.....x? ...... jq ...... Chik : ...Q .... %... h.r.J.d,:.e:..: ...... ~huc : ...... &:+?A\ ....,NU.&.: ...... I7 Ong/b& : ...... Chuc vu : ...... 6.f)+i dien cic 110 pia din11 ...... /!.... nguhi, trong d6 r6 nguiri d8n roc thl(u.I a6I : ...... 11 - Noi dung tham vdn : I. Don 17i rlr IIUII thong brio : - Noi dung du in ( 19 do d&uru. quy 1n6c6ng trinh, vi tri huirng tuyk'n ... ) - Chinh sdch D6n bu. Tlii d/nh cu. chi1111sic11 d6i vdi Nguiri D3n Toc 111ici:u r6 ciia WB cua chinh phu Vict Nan1 - hl~!c tiC-u c~iakg hoach hiin11 c1O11f T6i djnh cLr (RP) 12: V6i kie'n tLr \.:in ci~angubi cidn 1.5 cong dong. d6 \LI:I'~ ccric pi& plilip gidm thi6u cic tic dong tiC-11 cqc ddi \r6i nhhg ng~riri b/ in11 hu611g b6i Dq Lin 1'; 116 trg 110 khoi phuc diri sb'ng i~ nhfit 12 bhng ho$c hcm tl-liuc khi hj in11 11u6ng bhi DL! An ( 111iu clic bicn ph5p Din bi~.1-16 trg khoi phuc ... ) 2. kien &hamvan cua tong dong : 111 - i' ki6n binh luan (nhcin s6t. di1111 gii) VA dc xust ciia Tu vsn (\.d cdc kS;t q~~dtham \Gn n2u 1ri.n. dijc biet Ii gilii phllp gidm thiiu clllc llic dong tiku cuc ti&m tAng ddi vdi cric 110 bj dnh l~uci-ngbhi Du in. d<~cbiet diii \.6i cic 110 Iri drin roc rhigu so sao cho phu hop \~e\Ian hoa .,. ) ...... ngay thing nam 2008 DAI DIEN DON VI Tu V~N J o.31DIEN CHINH QUITEND! PHUUNG : ....L)$.J?:~?.. XG ...... Z B.+I DIEN NGU~IDUN(; ohu cic NHOM DAN TOTTHIEUSO (DTTS) Danh sach cac hi) d5n than1 du hu6i than1 van x;; 4~2Cao - /,$La& tL; cLI Ho va ten Dia chi I Vietnam: Additional Financing to Rural Energy 2 Project (AFRe-2) Resettlement Plan AFRe-2 of Hung Yen Province Appendix 5 sample 'Questionaire' Power company No I Power Construction Consulting Center No1- Tel: 04.37168287 Du an: Nang luung nong tnbn 2 mu rong - tinh Hung Yen M~Us6'5 : BANG HOI DIEUTRA KlNH TE - XA HOI HO GIA D~NHBI ANH HU~NG . . ( ~~e'udu an: ...... i I - Thong tip chung : - N 1. Ten chij hi7 : h.~...&Qf...... [4 Yarn Sir \lii be : ...... 2. Dia chi : 3. Ho thuoc nh61n dan tgc nao (ghi cu the) : ...... 4. Thhnh vien trong ho (nhiing ngubi phu thuoc vh kinh re' cGa gia dinh) - .- ~ ...... -.. -... -- ...... I I 1 I Udctinh H: va tkn Qian he Gidi Ti Dan Trinh do : Nghb nghiep va Tinh lr?ng 1 t6ng lhu nh&l I j vui chi ho tinh I1 - Thu nhap : 5. 7'hu nhGp \.A ngu6n 1hu nh$p I I 'rhu nh$p uoc tinh narn 2006 / STT I Nguon thu nhap I Ghi chu , ( 1000 VNO ) ! i I - ,I !'ILumg ! ! I 1 2 1 Tr6ng trot 1 I 3 1 Ch2n nub~ ...... 3- t-...... ' 4 ( Ngherung i I -- 1 ! I 5 ! Dich vu ! I 6 ; Nguon khac (gh~cu ihk j I 1 A--- I 7 / ~6ngc@ng ! L A - ...-_ L .. .. -- - ... .. ~-..!L .... __ ..~~. ~ ~ DU an Nang bang nong lhon 2 ma rong - tinh Hung Yen 111 - Tie1 kiern va no. nan : 6. Gia din11 co tie't kiem duuc rien kliong ? &l C6 Khfing Nk'u c6, bao nhiku : ...... 3.6 ...... 10' VND 1-. 7. Gia dinh c6 \lay nu khoin tien n?io khong ? Co @ Kh6ng NEu cb, hien gia dinh dang nu bao nhieu : ...... 0...... 10" VND II. DIEUKIEN SlNH HOAT VA VE SlNH MOI TRU~NG 8. Xin chb bik't gia dinh dang su dung nguon nuuc nho de An uong/sinh hoar ( dinh dgu rrong so cic 6 sau ) : 1. NL(& ,qiPiig Ullicef cd 11-orlglie 4. NL~~csbrlg sub, 2. Nrruc ,oic^;igU17icef cbrig cQ11g 5. NL~UCI~~~U Iiogc ~iudcgiPiig A-cjyklidc 6. Mua IIUUCt&cd(. [PC (.IiLjCI ~irfdcdi dQlig 3. GI'& dd't 7. Dlirig 11-gctik;? 1iilfd.c/:(;,:!I ruci-il'iiP~c 8. GiCilg A-dy IQC riifci-c Id\ t& kk1111tl((;.i/ti(;ii 9. Gia di111111dang sir dung loai nhh \re sinh n8o ? ( drinh dau rrong so cric 8 sau ) : 10. Yguon rhip sing c~iapia dinh IB gi ? ( dinh dau rrong so cic 6 sau ) : I. R Die11 l/,~ie,~/(j'c giu, c?i~p111~1/1g 1. Dci'/c l/c;cr .-.7 Pill 5. N~II~IIkliLc (g11i c1.1 {/I&./ 3. -Md!, 114' ...... 1 1 . Tii sin GB c6ng cu san xu&[ ch1110 ? (GI//1.5 .wf lrfq)c,.,~pI~UO cgt, 1i2ii ~IIL~IISc(; ~/II'.s(j' "0 ") I i I Srr / Loai tai sin S6luqng ST Loai tai san I s6Iuqng I I ~ I I 1 Ban ghe go I oi 11 1 May vi linh 0 I 2 Ban ghe Salong I 12 1 Ghe may C- A4 0 7 I I : 3 Dai, may nghe nhac I 1 13 ( Thuyen I I 04 0 I I 4 I May born dien L- I 14 ; 04 I 5;Ti vi den Irang I 15 1 May cay i' bua ! __ _I _L) -_I -...... -...... --d -!-----; lrl 3 TI vi mau MByxayx5Il"s : 1-1 0 / 0 I I I Ti lanh 1 04 1 17 / 0 lb I6 lo knach 0 I I May n6 ~ i 18 : o 16 1% 0 I------.. - -- . _&.-0_.d- .- 1 ...... I -- -1 ;9! May khau ' 19 i Xe may ,- .-L-- p~2+ -- - -.- - .------I &, 10 Dien lhoai i O/ i Du an: Nang luung nong thon2 rnb rong - tinh Hung Yen 111. DEN BU VA TAI D~NHcu 12. ong, ba / gia dinh dii khi nio nghe i16i du in "Dien n6ng th6n" chua '! 1- 13. Gia dinh c6 dong 9 fop ph&n nhb d2t clia minh, nk'u du in cAn. cho viec xli). d~g\ri cdi tao lu61 dien kh6ng 1 El C6 Kh6ng 14. N6u bj mit tii sin. 0ng/bh mu6n duqc dsn b" bhng hinh thuc nio :' 1. D2t doi dat 2. BBng tien mat / hien 3. Kk't hqp ci hai 15. Theo 6ng bi, u6c tinh gi5 mdnh dgt mi 6ng bi c6 th6 bi mtit li bao nhiku ? ... d& ...... 0.a ...... Dm gii ( 1000 d/m' ) : ...... Gi6 trj ( !OOO d ! : ...... 16. N6u phii giii toa nh2 b, dat dai \la duqc Du an dCn bh thoa dang. onglba c6 vui I@ngdi chuyen khong ? Co : ...... Khong : ...... Neu ong/bh kh6ng \-ui long, >;inchn biEt :rrisan : ...... ...... 17. Neu phii di chuyen. ong/bi du djnh : a) GAn nui 6 cCi : ...... b) Dk'n khu \yc khac trong chng huyen : ...... c)TI-onp cung tinh : ...... ; d)D6n tinh khac : ...... : Kh6ng b~et: ...... 18. \'6i so ti& sE duqc den bu / ho trq. 6ng/b8 du kien sir dung viec gi : ...... - 19. Then 6ng/bii. co the co cach nin khic d6 giim tic dong bast lui clia Du an doi \'ui gia dinh ? - Xliy dlrng c61ig trinh \Go 16c kh6ng c6 niua 1.u : - Din bu cho hoa m8u bl mgt di : - 'I'huC nliinlg nglrbi tliu@ccic ho mst dit Ir'im thue cho clic nhi tha'u : - Kliric ( ?hi cl! the ) : ...... 20. Theo bny hit. sa/lilir s6m min11 ciin diGu :i nlii't ( nh11 cdu nho yuan tl-qng 11h:it : Du an: Nang luang nong thon 2 ma rong - tinh Hung Yen M& sb'5: H0l DI~UTRA KINH ~i!- XA HOI HO GIA D~NHB] HU~NG BANG .. ANH ( TI~Udu an:...... 1 I - Thong tidchung : iT6nchPhB: ...... wv~fZ$.... GZ .... Narn Nir MBbO: ...... 2. Dja chi : 3. HQ thuoc nh6m dAn tQc nho (ghicu thd) : ...... 4. Thinh \lien trong hQ (nhihg nguui phu thuQc \rh kinh tk' ciia gia dinh) : .- - 1 I ! Ho va ten , Quan he ' i i va~chG ho tinh tqc van h6a ngudn thu nhsp viec lam nam (VND) ~ 7 &? ' in /U(r 1 ic~G;~ qjjo ! c$$It? 42.4~~i . - I i 1 ! 3l i I I I 1 i i 5 1' I I 1 1I I 19 ; ~ I1 - Thu nhap : 5. 7-hu nh I i 1 Thu nhap uac tinh nim 2006 1 1I STT ~ Nguon thu nh$p I I ( 1000 VND ) Ghi ch~j i -. - - I I I 1 , Lumg L- , i I ,I I I 2 1 Trong trot I I ! I '3 '3 ' Chin nudi I I -- - .- --- -.------..- * I -. - -- I --1 L , Ngherung I i 7 I 1 : 5 Dich vu I I I 6 Nguon khac ( gh~cu the ) I ! I C------1-- I I 7 ' on^ cong I ! DL' an Nang luang nong lhon 2 ma rong - tinh Hung Yen I11 - Tiet kiem va n' nan : 6. Gia din11 co tik't kiem du?c lien k116nz ? C6 1? Kh6ng K6u c6. bao nhiku : ...... do 10' VND 7. Gia dinh c< \:ay ng khoin tien nio kh6ng ? Co Khhng 861.1c6, hien gia dinh dang ng bao nhiku : ...... 10"ND 11. DIEUKIEN SINH HOATVA VE SINH MOI TRU~NG 8. Xin chb biEt gia dinh dang slj duns nguon nuuc nio d6 an uonglsinh hoat : ( dinh ddu trons socac 6 sau ) : 1. Nrfk gieilg Ullicef cb t1-011phQ 1. Nuoc sdllg srrbi 2. Nrfac gic^irg U~ricefchg cQ11g 5. NU~CITIUU hoGc IIUUCgic^;lg .rdy klrac 6. Mzru 111fUctl% cdc tPc ckuu 1zuu.c di dQ11g 3. Gi&g ddi 7. D~i~lgtrgc ti@ !!!fliT /:P~,lrr~uilric^rr 8. Gic'irg s& lqc /IL~*CId) tl't hr;nll tlfd.iltiP14 9. Gia dinh dang su dung loai nha \,e sinh nio ? ( danh d&u trong s6 clic 6 sau '1 : 10. Nguon thip sang clia gia dinh 1i gi ? ( dinh ddu trong so cac O sau ) : 1. FI Die11 Irh?ql,bi- gju. ll!u pI/li,o~lg 1. Dri'lrhciu -.? Pirr 5. AJglrrj,r X.176~(ghi CI! th~;") 3. .~6?:1r$ ...... I 1. Tai sin \;i c6ng cu sin xugt ciia ho ? (Glli 1.6 s(j'lrfq/rg\.do c(i/,rl2;r kI16rlg ch phi sd' "0"1 I STT I Loai tai san S6lqng STT Loai tai sin Sdlqng 1 1 IT-'-- Ban ghe go iL 11 Mayvrl~nh I I Z1Ban ghe Salong I : 12 Ghe may I I Dai, may nghe nhac I L{ 13 ThuyCn , I 1 1 4 Dau may Video c.4 I Id 1 Ivlay bum dien C i 5 I TI vi den [rang I 15 / May cay I bira I ---+ --. ------+- -_- -.- -' r -----+--- I 6 : TI vi mau I1 ! 16 I May xay xat Ilia I I I ,I ,71 Tir lanh i I' ~ 8 10 I o 10 khach 1 !8~May n6 L 4 18 I 8 10 1ai I-. I ! ...... +...... L - - ...... ,----.~~--i 91 May khau 1 19 : Xe may c 4 ! LL.- ! -- -.-.A- -- I I 4- 7 10 j Dien thoai ! LA ~ I I I DU an: Nang lupng nong thon 2 mu rong - linh Hung Yen Ill. D~N~ljVA TAI DINHCU 12. ong. bi / gia dinh dZ khi nio nghe n6i \I& du, 511 "Dien 11611g thon" chua ? d C6 KhAng 1-. 13. Gia dinh c6 dong 9 g6p pliin nho CIA cha minh. neu du an cin. cho \liec shy dung \,h cii tao lucii dien khong ? a C6 Kh6ns 14. Nk'u bj mdt thi sin, 0n_g/bh muon duuc den bC bhng hinh tliuc nho ? 1. Ddt doi ddt 2. Bing tiin n13t / hien a 3. Ket hap cB hai 15. Theo 6ng bB. udc tinh giA minh drii mB ong bA c6 th6 bi mgt I18 bao nhieu ? - L&i dgt ...... Dai gii ( 1000 d/m2 ) : ...... Gii t;i ( 10% d ) : ...... 16. Neu phBi giii t6a nhh a. ddt dai \'B dugc Du An d611 bi~th6a dAng. 8ng/bB c6 vui I6ng di cliu!l6n khhng ? / Co : ...... & ...... Kl~ong: ...... Kku ong/bi kh6ng \tui I6ng xin cho biLt tili sao : ...... 17. Neu phai di chu~~tn.ong/b; du djnli : a)GAnnaiiscii: ...... v b)D~iik11u\~u~ckhricrrongcungliuy~n:...... c) Trong cung rinh : ...... : d) D6n tin11 khric : ...... : Klioiig biet : ...... IS. L'di so rien s8 duac din bu /I16 rro,, ong/bi dq kie'n su dung itho \,ice gi : 19. Theo oiig/bh. co tl16 c6 cich n18o khAc de giim ric dong bgt lui c~iaDu 511 doi \#6igia dinh ? - X;iy dm_gcoii_g trinli viio luc kli6ng co miia \.u : - Din bu clio hoa m$u bj iiiA't di : k3 - Tliue nhihmg nguiri tliuec clic 110 n~ii'td2r lini thui- cho c5c nhi~t1i;iu : - Klilic ( glii CLI 1116 i : ...... Vietnam: Additional Financing to Rural Energy 2 Project (AFRe-2) Resettlement Plan AFRe-2 of Hung Yen Province Appendix 6 Sample 'Pamphlet' Power company No 1 Power Construction Consulting Center No 1- Tel: 04.37168287 m Dl* 0 C ?' .a@Z =; p"-ZKg? 9 9 a$ * 5CE: 3 3 2. ;=. g, $ L% z.q 3 3:?. 4'. "V) c- 3: 3'. 2 ,q 2. E: *I =. - oo $t e, -3 p.e.3.a- 2,. El 3 a~ .a- 2 !? g '?% ' c so 2'2 gg:%,.?@g SuC 4 .9'3 3.3'2 a 5,%.. .c. .m ..li "'a $t 9 2' so .% r. fi- ;5 1.o ana8.e 9. .i;. E, ff c n, g 3 F. - "' -3 rr a- m .: a- c .; ;, g 5. ".% .p. {,,g. 'e a- 5 c;~ 0 Q, " PC a: -3 a 2 3. ;*TI ": 52.1: .s, 3 g,.oo 2.:, , s, E+ g r=c 3 2 3 =,"' 3 z.5. % 9:z 5 so r. 24 5523 .% E. 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O. - 3 Vietnam: Additional Financing to Rural Energy 2 Project (AFRe-2) Resettlement Plan AFRe-2 of Hung Yen Province Appendix 7 Inventory of Displaced Persons Power Cornpang No 1 '@ Power Construction Consulting Center No 1- Tel: 04.37168287 V~etnam:Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province APPENDIX 7: INVENTORY OF DISPLACED PERSONS Power Company 1 ~cv~erCnr~r,rr.'clion Co~is~ill~no Ccnter No 1 - Te!:04 37168287 Append~x7-1/14 Vietnam: Additional Financ~ngto Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Provlnce Power Company 1 P~,v.,rrCons:ruc:on Co.~c~>ltinflCelllet NS ! - Te!: 04.3716Y2E7 kppenrtix 7-2!14 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province Power Company 1 Power Construc:~onCons~rl~i~~g Cenlrr No 1 - Tei. 04.3716E2b: Appendix 7-3/14 Vietnam: Additional Financing lo Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province Powcr Company 1 Powcr Conslructio-r Constrltl!:q Center No 1 - Tel: 04.37168287 Appendix 74/14 V~etnam:Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe.2 Project of Hung Yen Province Power Company I Po-er Conslrucllor Cons~l'li'igCenler No l - Tel. 04 37168287 Appendix 7.5114 Vletnam: Addltlonal Flnanclng to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Projecl of Hung Yen Provlnce - Power Company 1 Power Construction Consulting Cenrcr No 1 - Tel: 04.37168287 Appendix i-7/14 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province Power Company 1 Po,*:,, Cons!ru?tion Consillling Centcr No 1 - Tcl: 04.37158287 Appendix 7-8!14 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resenlemenl Plan AFRe-2 Project of Hung Yen Province Power Company 1 Power Construc!ion Consull~nqCcnlcr No 1 - Tcl: 04,37168287 Appendix 7-9/14 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resenlement Plan AFRe-2 Project of Hung Yen Province -- - Power Company 1 Frxwrr 7u,~slri~cl!o1~Cunsulr~np Ccnlrr No I - Trl 04 37158287 Appendix 7-10114 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province Power Company 1 Power Conslruction consult in^ Center No I - Tel: 04.37168287 Appendix 7-12/14 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province .- Power Corr.pany 1 Power Corst-ucticn Cons::l!lng Center No 1 - Tel. 04.37168287 Appendix 7-13/74 V~etnam:Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province Power Company 1 Power Construct~onConsulling Center No 1 - Tel: 04.37168287 Appendix 7-14/14 Vietnam: Additional Financing to Rural Energy 2 Project (AFRe-2) Resettlement Plan AFRe-2 of Hung Yen Province Appendix 8 Details of Entitlement of Displaced Persons 0 Power Company No 1 Power Construction Consulting Center No 1- Tel: 04.37168287 ",LU,* ,,a. 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I til* APPESDIX 8: DETAJLS OF ENTITLEMENT OF DISPLACED PERSONS - Power Company 1 Power Construclion Consulting Center No 1 - Tel: 04.57168287 Appendix 8-111 Vietnam: Additional F~nancingto Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province Power Company 1 Power Construction Consulting Center No 1 - Tel: 04.37168287 Appendix 8-212 V~etnam:Add~t~onal F~nanclng to Re-2 Project (Af-Re-2) Resettlement Plan AFRe-2 Project of Hung Yen Province .- Power Company I Power Constructlor?Consulting Center No 1 - Tel: 04.37168287 Appendix 8.313 V~etnarn:Additional F~nancingto Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province .- Pcwer Company I Power Cons!ruction Consulting Center No I - Tel: 04.37168287 Appendix 8-414 Vietnam: Additional Financing to Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province - Power Company 1 Power Conslrllchon Consulting Center No 1 - Tel: 04.37168287 Appendix 8-515 ,,C.,,.. ,,,. hU,....".,",. ill-.."...* L. i.L-L .-,.-- \r.. ... -, AFR~-2Project of Hung Yen Province - Power Company I Power Construction Consulting Center No I - Tel: 04.37168287 Appendix 8-616 V~elnarn:Additronal F~nancingto He-2 Pro~ecl(AFhe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province .- Power Company I Appendix 8-717 Power Construction Consulting Center No 1 - Tel: 04.37168287 Vietnam: Additional F~nanc~ngto Re-2 Pro~ect(AtKe-21 kesettlernent Plan AFRe-2 Project of Hung Yen Province Power Company 1 Power Construction Consulting Center No 1 - Tel: 04.37168287 Appendix 8-818 Vletnarn: Addltlonal I-lnanclng to He-2 Project (Athe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province - Power Company I Power Construction Consulting Center No 1 - Tel: 04.37168287 Appendix 8-919 ,,L.,,l,... P.,." .,.-.,,... 1 .,,".,-, .:, ." ,.L - I >-,L-. ,?..I.- AFRe-2 Project of Hung Yen Province Compensation lor land Compensation for trees Compensation for Crops - Power Company 1 Power Conslructiorr Consulling Cenler No 1 - Tel: 04.37168287 Appendix 8-10110 V~etnam:koolllollal t11,dnc111ytu kr-i rrujec.1 ikrne-L, Resettlement Plan AFRe-2 Project of Hung Yen Province d Power Company 1 Power Construcl~onConsultins Center No 1 - Tel: 04.37168287 Appendix 8-11111 V~etnam:Add~lional Flnanclng to Re-2 Projecl (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province Power Company I Power Construction Consul!ing Center No 1 - Te!: 04.37168287 Appendix 8-12112 Vietnam: Additional Financ~ngto Re-2 Project (AFRe-2) Resettlement Plan AFRe-2 Project of Hung Yen Province Compcnsation for land Compensation for trees Compensation for Crops Power Company I Power Construction Consultino Center No 1 - Tel: 04.37168287 Appendix 8-13/13