Draft Resettlement Plan

Document Stage: For Consultation Project Number: 42039-035 May 2012

Multitranche Financing Facility Socialist Republic of Viet Nam: Power Transmission Investment Program CAU BONG – DUC HOA 220 KV TRANSMISSION LINE SHORT RESETTLEMENT PLAN FOR CAU BONG-DUC HOA 220kV TRANSMISSION LINE

(Section in Long An Province)

Prepared by the National Power Transmission Corporation, Socialist Republic of Vietnam for Asian Development Bank

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

0

ACRONYMS AND ABBREVIATIONS

ADB - Asian Development Bank AHs - Affected Households APs - Affected Persons CPC - Commune Peoples Committee DCARC - District Compensation and Resettlement Committee DMS - Detailed Measurement Survey DPC - District Peoples Committee DPs - Displaced Persons EMA - External Monitoring Agent GOV - Government of Vietnam GRM Grievance Redress Mechanism HHs - Household Heads IOL - Inventory of Losses km - Kilometre kV - Kilovolt LARP - Land Acquisition and Resettlement Plan LURCs - Land Use Right Certificates m² - square meter MFF - Multi-tranche Financing Facility NPT - National Power Transmission Corporation PMU - Project Management Unit PPC - Provincial Peoples Committee RCS - Replacement Cost Survey ROW - Right-of-Way SPPMB - Southern Vietnam Power Project Management Board SES - Socioeconomic Survey SPS - Safeguard Policy Statements SR2 - Safeguard Requirements 2 (ADB’S Policy on Involuntary Resettlement) TA - Technical Assistance TL - Transmission Line VND - Vietnam Dong (Vietnam Currency)

1

EXECUTIVE SUMMARY

This short LARP has been prepared for the 1.14 km section of the Cau Bong – Duc Hoa 220 kV Transmission Line Subproject that is in Tan My Commune of Duc Hoa District in Long An Province. The reason it has been prepared is that the 12.28 km of the 13.42 km TL is in Ho Chi Minh Province and Long An Province insists that all projects which include Long An Province, especially in relation to land acquisition and resettlement be implemented by Long An Province and not the neighboring province.

The impacts are relatively minor and impact upon two Affected Households with a total of nine Affected Persons. The permanent impacts include land permanently acquired for two suspension towers in the commune, the harvesting of 12,532 high value trees, and restricted land-use in the right-of-way. Temporary impacts will include crops that will be affected by the stringing of conductor cables but these impacts are very minor.

Total costs for the implementation of this LARP are estimated at US$48,288 for cash compensation for land permanently acquired, trees and crops that have to be harvested, restricted use in the right-of-way, implementation costs, and contingencies. The LARP will be updated during detailed design.

2

INTRODUCTION

Brief description of the Project scope

The 220 kV Transmission Line Component in Long An Province has a total length of 1.14 km that will traverse the Tan My Commune of Duc Hoa District.

Table 1: Components of the Transmission Line

Transmission Line Components Length (in km)

Ho Chi Minh Transmission Line Component 12.28

Long An Province Transmission Line 1.14 Component

Total Length of the Transmission Line 13.42

The above component constitutes the least cost alignments following the evaluation by the Southern Vietnam Power Projects Management Board (SPPMB) based on the difficultly in securing additional ROW for new transmission lines.

Map: ROW Alignment of the Subproject

 From G4.8 to G4.9, 834m long.

3

At position G4.8, the route turns left with an angle of 90*47’35” crosses arroyos and 1 pathway. The terrain is flat and clear. Vegetation covers on the route mainly are melaleuca, grass and fruit trees. G4.9 is put at the eucalyptus area of Bau Cong commune - Tan My ward – Duc Hoa district – Long An Province.

Special obstacles of cross route:

- 2 houses within the R.O.W (11-50m at each side).

 From G4.9 to DC, 232m long.

At position G4.8, the route turns right with an angle of 41*03’00”, crosses eucalyptus areas and runs into 220kV/110kV Duc Hoa substation. The main field crop is rice and main tree crop eucalyptus. ĐC is put at the area of Bau Cong commune - Tan My ward – Duc Hoa district – Long An province.

There are not special obstacles of cross route.

 From DC to 220kV Bus bar of 220kV Duc Hoa substation, 70m long.

Line route crosses the rice fields of Bau Cong commune - Tan My ward – Duc Hoa district – Long An province.

There are not special obstacles of cross route.

It will start at G3.11 in Nhuan Duc Commune and will terminate in G4.70 Thai My Commune. Land will be required for the: (i) right-of-way; (ii) earth grounding zone; (iii) optical repeater systems; (iv) suspension towers; and (v) tension towers.

The 220kV Cau Bong - Duc Hoa line route was selected on the new ROW corridor. The selection of routes is consistent with local planning requirements and has minimal impacts on the environment.

The parameters of the length, number of districts, communes and houses in each province affected by lines pass through can be summarized as follows:

Scope of the Project Area

Number of Length Number Number of Province houses within (km) of district commune R.O.W

Ho Chi Minh City 12.28 1 3 37

Long An 1.14 1 1 0

Total 13.42 2 4 37

This Land Acquisition and Resettlement Plan is prepared as a part of Cau Bong-Duc Hoa Project and based on the results of the IOL according to the technical design of the

4

project but because this section is in Long An Province it is necessary to prepare a shortened LARP. During the implementation of the subproject, SPPMB will cooperate with the involved agencies to conduct necessary activities to update this LARP in order to reflect the actual impacts and losses caused by the Project in compliance with the policies and provisions approved in LARP.

A. LAND ACQUISITION AND RESETTLEMENT IMPACTS Scope of impacts

The Subproject will cause the following impacts:

- Trees on the permanently acquired land and within the ROW of the high voltage TL will be cut down;

- Restricted use capacity of land, houses/structures within the ROW of the high voltage TL; and

- Crops will be affected by line stringing during construction time.

The IOL was conducted in the late March of 2012. The survey questionnaire consists of 3 parts as follows: (i) questions related to the household background (including head of the household, members of the households, address, etc.); (ii) questions related to the socio-economic profile and impacts caused by land acquisition; and (iii) consultation questions were somewhat different to other socio-economic surveys because no physical resettlement or income restoration activities are involved.

Impacts on Land According to the IOL there are only two AHs although if during detailed design more AHs are found the DMS will be updated because this is an area in Long An where there is a significant degree of land speculation by real estate investors from Ho Chi Minh City who are hoping to benefit from the conversion of agricultural land into industrial and commercial land in Long An.

Table 3: Affected Households Due to Land Acquisition

Area of No. of No. of No. of No. of District Commune affected relocating relocating PAHs PAPs land (m2) HHs people

Duc Hoa Tan My 2 9 1,964.3 0 0

Total 2 9 1,964.3 0 0

The area of land permanently acquired for building towers is 1,964.3 m2. Types of affected land and land use purposes are shown in the table below.

5

Table 4: Scope of Land Acquisition for Foundation Towers

Unit: m2

Permanently acquired land Province/District/ No. of No. Residential Annual Perennial Commune PAHs Others Total land crop land crop land Long An Province 1 Duc Hoa District Tan My Commune 2 0 0 1,964.3 0 1964.28 Total 2 0 0 1,964.3 0 1964.28

Apart from the land area acquired for building tower footprints, the impacts also restrict land use capacity of 12,257.95m2 of agricultural land within the ROW. The area belongs to those two affected households and is for growing perennial industrial tree crops (melaleuca).

Impacts on Structures No structure of AH are affected by permanent acquisition of land or has to be displaced within the ROW.

Houses and structures within the Right of Way (ROW) The IOL data shows that no house or structure is under ROW within 11m of each side (width of the ROW is 22m in total).

Impacts on trees and crops All agricultural land within the ROW and agricultural land permanently acquired for building tower footprints are used to grow Melalueca (melalueca alternifolia) trees from which tea tree oil is extracted and has proved to be a highly effective antibacterial and antifungal agent that grow in height to over 4m. A total of 12,532 of these high-value trees are likely to be affected. However, according to design, the height of tower will be over 18m; therefore, it is possible that these trees under the line will not be cut down. The numbers of these trees to be affected by types of impacts are as follows:

Table 5: Number of Melaleuca Trees to be affected by Types of Impacts

No. of No. of affected No. Types of impacts Remarks PAHs trees 1 Permanent impacts 2 4,000 Affected It is possible that some trees are 2 Within ROW 6 8,532 affected due to line stringing TOTAL 12,532 Melaleuca trees affected by line stringing will be calculated for compensation corresponding to the actual number of trees affected.

6

Legal status of land use rights Two households with permanent loss of land both have land use rights certificates. As for those 4 households who bought land in the area, according to the commune’s cadastral official, they all have LURCs but these were not sighted during resettlement investigations and during an update of this LARP need to be sighted.

SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS

Socio-Economic Survey The SES was conducted by PECC2 at the same time with the IOL. Data was collected through face-to-face interviews by questionnaires with the heads of households or their spouses of the affected households. It was aimed to make sure that the representatives of the households who answered the questionnaires are also those who fully understand about the land use status, expenses, and income of the households and at the same time represent the PAHs involved in the later site clearance and resettlement processes. The survey data shows the characteristics of the PAHs as follows:

Two households with 9 persons are surveyed. Both heads of the two households are male with the ages of 55 and 62. These households are identified to be affected by land acquisition for building tower foundations from T41 to T45.

Table 6: Two identified Project Affected Households

Full name of Name of Tower No. Gender Household Heads Foundations

Tan My Commune

1 Huynh Van Bon Male T41 to T43

2 Huynh Van Re Male T44 to T45

Classified by age, the data shows that among 9 persons in 2 affected households, 7 people are in the working age in which the youngest member is 19 years old. Two people are at the age of 62.

Table 7: Householders and Membership of the Affected Households

Education Livelihood No Household Members Gender Age Ethnicity Level Source

1 Huynh Van Bon Male 55 Kinh Grade 3 Agriculture Nguyen Thi Tuyet Mai Female 48 Kinh Grade 3 Agriculture Nguyen Huynh Truc Hoa Female 26 Kinh Grade 2 Agriculture

7

Huynh Thanh Hong Male 23 Kinh Grade 3 Agriculture Huynh Thanh Hot Male 19 Kinh Grade 3 Agriculture 2 Huynh Van Re Male 62 Kinh Grade 2 Agriculture Ta Thi Muong Female 62 Kinh Grade 2 Agriculture Huynh Thi Binh Female 29 Kinh Grade 2 Agriculture Huynh Thi Thu Van Female 32 Kinh Grade 2 Agriculture

The above table shows that no HH member completed primary schooling, which is very rare in rural Long An as close as it is to Ho Chi Minh. All of the affected people are Kinh people and involved in agriculture sector with the annual per capita income of VND 21,333,333. Both households are above the poverty line. The income of the affected households is from only one source, which is agriculture. No member has income from any other sources apart from agriculture. Those are land- based households. Nevertheless, the percentages of land loss of both households are less than 2% compared to their total landholdings. Houses and Public Service Access Both households own Class IV houses with brick walls and flat roofs in the residential area of Bau Cong Village beyond the project area. These households have latrines. However, they still have to use water from drilled wells and rivers/streams. Well water is purified and used for drinking and cooking while river water is used for irrigation and even washing clothes. The households are using electricity from the National Grid with electric meters and at tariffs regulated by the Government (not buying electricity through the cooperative) in form of direct contract with Duc Hoa Power Branch. Electricity is used for lighting, cooking and other domestic purposes. Regarding access to health services, post office and school, it is quite convenient. The distance from their houses to the post-office and health clinic at the center of the commune is from 2 to 3 km. The internal roads of the commune are also favorable.

8

COMMUNITY CONSULTATION AND PARTICIPATION Community consultation was conducted on April 4 2012 at Tan My Commune People’s Committee. The consultation minutes and list of participants are presented in the Annex 1. Table 8: Community Consultation in Tan My Commune, Duc Hoa District Number of Province/ Consultation Summary of PAPs’ Commune participants District date opinions Male Female - Which crops are allowed to be planted in the ROW? - We hope that the project will be Duc Hoa Tan My 4/4/2012 9 2 implemented soon and compensation prices are set appropriately to avoid lengthening construction time. Only affected households living in Tan My Commune have opportunities to participate in the consultation.

LEGAL FRAMEWORK AND ENTITLEMENTS OF THE PROJECT All policies of the Government of Vietnam and ADB related to land acquisition, compensation and resettlement covered in LARP of the Cau Bong- Duc Hoa 220kV TL Project are also applied in this Annex 3 that has been used for LARPs for Ho Chi Minh City 220 kV TL associated with Tranche 2 of the NPT MFF are also used here. Additionally there are the following circulars and decrees issued by Long An PPC that apply to this LARP as follows:

• Decree 197/2004/ND-CP dated 3/12/2004 of Government of Vietnam on Compensation, Support and Relocation when the Government is required to acquire land; • Decree 69/2009/ND-CP dated 13/8/2009 of Government of Vietnam on additional plan of Land Use, Land Price, Compensation, Support and Relocation; • Decision No.07/2010/QD-UBND dated 1/3/2010 by Long An PPC on Regulation of Compensation, Support and Relocation when the Government carries out land acquisition in Long An province; • Decision 2529/QD-UBND dated 10/9/2010 by Long An PPC on Approval of Compensation Price of Land, Assets on Land, and other Support Policies for the Project: 220/110kV Substation and Transmission line in My Duc commune, Duc Hoa district; • Decision 08/QD-UBND date 18/2/2008 by Long An PC on Approval on price unit of Trees, Animals, Investment Cost for Remaining Land, Living Means and Tombs in Long An province

9

• Decision 07/2010/QD-UBND date 01/3/2010 by Long An PC on Approval on regulations of compensation, support, relocation when the government acquires land in Long An province • Decision 900/QD-UBND date 08/4/2008 by Long An PC on Approval on compensation rate for investment cost for remaining land of affected households in Duc Hoa District

Entitlements Entitlements presented in the entitlement matrix of the LARP of Cau Bong- Duc Hoc 220kV TL Project will also be applied to the affected people of the transmission line section crossing Tan My Commune, Duc Hoa District, Long An Province. These entitlements are detailed in the Entitlement Matrix, below.

Type of Loss Application Eligible Persons Entitlements Implementation Issues 1. Permanent loss Marginal loss DPs who were issued Cash compensation at - Payment of compensation of productive (below 10% with LURCs (49 DPs) replacement cost without and assistance package land (i.e. impact) deduction for stamp, duties, should follow the provisions in agricultural and fees or other payments. Articles 27, 28, 29, 30 and 31 of forest for Decree 69/2009/ND-CP. plantation) - Affected households to be notified at least 90 days before land acquisition (Land law-2003; Article 39- Item 2). - Hand over of the land by the owner within 20 days from the date District Compensation Board fully pays compensation for land (Item 4, Article 31, Decree No. 69/2009/ND-CP. 2. Temporary Restrictions on Users of affected land - Support for restrictions on SPPMB and DCARC guide the impacts and land use under (260 DPs) land use on the productive AHs to use land under ROW, restrictions on the ROW. land plots adjacent to ensuring safety for people and land use residential land; support level construction, consistent with is not higher than 80% of the Article 6 (2) of Decree No. same land type’s price. AHs 81/2009/ND-CP). can still use land for production but they are not allowed to grow plant higher than 4 m.

Temporary loss of Users of affected land - For the portion to be used If the quality of land will be land (to be determined temporarily during radically changed when during Project construction: (i) rental in cash return to DPs, requiring the DPs implementation). which will be no less than the to change the land use, then net income that would have the DPs should be been derived from the compensated for all affected property during envisaged cost of losses. disruption; (ii) restoration of Contracts with the contractors the land within 1 month after should include an article use; compensation is paid at regulating specifically the full replacement cost or ‘land responsibilities of the for land” compensation if contractors. contractor fails to restore the affected land within 1 month after the use (agreement between parties will be monitored by external monitoring agency.

10

3. Houses Fully affected Owners of the Compensation in cash for the The calculation of rates will be house. The structures with or entire affected structures will based on the actual affected indicators for fully without acceptable be provided at 100% of the area and not the useable affected house proof of ownership full replacement cost for area. will be over the land; with or materials and labor, without determined by without building provision for deduction of the DCARC with permit. depreciation or salvage the technical (81 DPs) value of construction assistance from materials, whether or not District or they have title to the Provincial affected land or permit to Construction build the affected structure. Department and The amount will be sufficient concurred by the to rebuild a structure the PDP during the same as the former one at DMS. current market prices. Provision of allowance for the installation of fireproofing materials and lightning arrestors. 4. Secondary Loss of, or Owners of the Compensation in cash for the The calculation of rates will be Structures damage to assets structures with or entire affected structures will based on the actual affected (kitchen, without acceptable be provided at 100% of the area and not the useable latrines, proof of ownership full replacement cost for area. bathrooms and over the land; with or materials and labor, without yards) without building provision for deduction of permit. depreciation or salvage (11 DPs) value of construction materials, whether or not they have title to the affected land or permit to build the affected structure. The amount will be sufficient to rebuild a structure the same as the former one at current market prices. 5. Crops and Trees Loss of, or Impacts on crops and - For annual crops, cash DPs will be given notice (rice, damage to assets their owners will be compensation equivalent to several months in advance aubergine, determined during current market value of crops regarding evacuation. Crops cassava and Subproject at the time of compensation. grown after issuance of the melon, etc.) implementation. deadline will not be compensated. 6. Other Loss of land and Affected households a) All DPs who vacate the Based on the actual situation Allowances/ non-land assets (they shall be affected land immediately of the locality, the PPC Assistance identified during the after receiving compensation Chairman issues other updating of the LARP). and allowances will be given allowances (according to the an incentive bonus as per Article 23 in the Decree No. regulations of the PPC but it 69/2009/ND-CP) to ensure will not be less than 5 mil accommodations, life VND. stabilization and production b) Relocating DP will be for DPs. Special cases have to provided with a lump-sum be submitted to the Prime one time allowance Minister for approval. package to cover the cost of domestic water, power and telephone connections at the new site as per PPC’s decision at payment time but it is not less than 3.5 million VND per household. 7. Any other Loss of land and Affected households a) All DPs who vacate the Based on the actual situation impacts that non-land assets affected land of the locality, the PPC may be immediately after Chairman issues other identified receiving compensation allowances (according to the during and allowances will be Article 23 in the Decree No. implementation given an incentive bonus 69/2009/ND-CP) to ensure as per regulations of the accommodations, life PPC but it will not be less stabilization and production than 5 mil VND. for DPs. Special cases have to b) Every relocating DP will be be submitted to the Prime

11

provided with a lump-sum Minister for approval. one time allowance package to cover the cost of domestic water, power and telephone connections at the new site as per PPC’s decision at payment time but it is not less than 3.5 mil VND per household.

8. Any other Individuals, a) Entitlements to impacts that organizations in the compensation and other may be project area assistance would be identified provided in accordance during with the compensation implementation policy. b) Secondary impacts on production and business or DPs isolated from access to resources temporarily have to be compensated and supported in accordance with LARP.

Total Compensation and Resettlement Costs The total cost for implementing compensation, assistance and resettlement plan includes compensation for affected land, assets and management fee. The Table below shows the costs for implementing compensation, assistance and resettlement plan for Cau Bong-Duc Hoa 220kV subproject (the section in Long An Province). The costs are calculated based on the results of the replacement cost survey of the subproject in Tan My Commune, Duc Hoa District, Long An Province conducted by PECC2 in April 2012. The cost for Compensation and Resettlement Committee is estimated at 2% of the compensation and assistance costs. The total value is VND 1,007,603,707 or equal to USD 48,288. Table 9: Total Costs for Implementation of LARP Unit Rates Amount No. Items USD In VND VND

A Compensation Costs 898,042,520 43,039

199,926 1 Compensation for land 392,855,520 18,833

Compensation for trees and 60,000 2 240,000,000 11,500 crops 30,000 3 For Restricted Use of ROW 265,187,000 12,706

Cost for Compensation and B Resettlement Committee =2% 17,960,850 860 (A)

12

Contingency cost (10% X ( C 91,600,337 4,389 A+B))

TOTAL (A+B+C) 1,007,603,707 48,288

Grievance Redress Mechanism The SPPMB will ensure that all grievances and complaints on any aspect of land acquisition, compensation and resettlement are addressed in a timely and satisfactory manner. All possible avenues will be made available to DPs to air their grievances by establishing a well-defined grievance redress mechanism. Complaining DPs can send their complaints or grievance to all parties involved in Project implementation related to compensation, entitlement, compensation policy, rates, land acquisition, resettlement, allowance and income restoration. The complaining DPs will not be charged of any fee during the resolution of their grievances and complaints. Nothing in this GRM removes APs ability to pursue the matter through the Vietnamese legal system. There are three (3) stages in the resolution of grievances and complaints under the Project. First Stage: Commune Peoples’ Committee - An aggrieved affected DP may lodge his/her complaint before any member of the CPC through the Village Chief or directly to the CPC, in written or verbal form. It is incumbent upon the village chief to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected household and will have 15 days to resolve the complaint. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles. Second Stage: District Peoples’ Committee - If after 15 days the aggrieved affected household does not hear from the CPC, or if the affected household is not satisfied with the decision taken on his/her complaint, the complainant may bring the case, either in writing or verbally, to any member of the DCARC or the District Peoples’ Committee (DPC). The DPC or DCARC will have 15 days to resolve the grievance or complaint. The DPC is responsible for documenting and keeping file of all complaints and will inform the DCARC of its decision. The DCARC will ensure that the DP is notified of the decision. Third Stage: Provincial Peoples’ Committee – If after 15 days the aggrieved affected household does not hear from the DPC, or if the affected household is not satisfied with the decision on his/her complaint, the affected household may bring the case, in verbal or in writing, to the PPC. The PPC has 15 days within which to resolve the complaint to the satisfaction of all concerned. The PPC is responsible for documenting and keeping file of all complaints and inform the DPs of its resolution. The above grievance redress mechanism will be disclosed and discussed again with the DPs prior to loan appraisal by ADB and during the updating of this LARP to ensure their understanding of the process. The SPPMB and the DCARC of Chu Chi District are responsible for following-up the grievance process of the DPs.

13

Institutional Arrangement

Resettlement in Viet Nam is implemented at the Provincial level and below (District and Commune). Accordingly, eight separate social safeguard documents have been prepared for the project, six for the 500kV transmission line and two for the 220kV transmission line, one of which is this Land Acquisition and Resettlement Plan for Long An Province. Long An province will work with NPT in the management of LARP and social issues which shall be updated and implemented by the SPPMB. Importantly, established replacement costs, communication structures and reporting structures within Long An province will be adopted by the project to ensure project transparency during implementation. The SPPMB will be supported by a full-time qualified and experienced social safeguard specialist to manage the resettlement related issues. In addition, the SPPMB will be responsible for the hiring of national PICs including an international social safeguard consultant in accordance with ADB’s Guidelines on the Use of Consultants (2010 as amended from time to time). They will provide guidance for the updating of the LARP as well as its implementation. Their responsibilities are detailed in the main report.

Implementation Schedule As envisaged, the LARP shall be implemented in 10 months prior to the award of civil works contract. The NPT, through the SPPMB, will implement the updated LARP upon receipt of official approval from ADB. Upon completion of LARP implementation, the SPPMB will advise the NPT to request ADB for its “No Objection” for the award of civil works and fabrication contract to contractor/s. Indicators for completion of LARP implementation refers to the full payment of compensation to DPs, all affected houses under the ROWs have been repaired and compliant to Article 6, Clause [1] of Decree No. 81/2009/ND-CP (October 12, 2009), and no complaint and/or grievance left unresolved.

Monitoring and Reporting

The NPT and the SPPMB will have joint responsibilities in the internal monitoring of the LARP implementation with results will be reported to ADB on the payment of compensation.

External monitoring by an external monitoring agency is not required since the overall impact of land acquisition is marginal and no households shall be relocated. Rather, social impact monitoring shall be done by an external monitoring agency (EMA) following the Subproject completion to assess the success or inadequacies of land acquisition.

14

ANNEXES

Annex 1. List of the Participants

No. Name Position Address

Chairman of Commune Tan My Commune 1 Tran Thi Ngoc Suong People’s Committee Invalids and Social Affairs Tan My Commune 2 Pham Van Long official President of Women’s Tan My Commune 3 Nguyen Thi Ngoc Huu Union 4 Le Thanh Sang Secretary of Youth Union Tan My Commune Transport and Irrigation Tan My Commune 5 Le Huu Duc official Deputy Head of Bau Cong Tan My Commune 6 Tran Van Tu Village Deputy Chairman of Tan My Commune 7 Huynh Van Khien Veteran’s Union Le Van Tuu Environmental PECC2 8 Specialist Land Acquisition PECC2 9 Pham Van Hoan Specialist Huynh Van Bon Affected Tan My Commune 10 Person Huynh Van Re Affected Tan My Commune 11 Person

15

Annex 2. Compensation Cost for Households Affected by Land Acquisition for Building Tower Foundations

Restricted Age Land Use in of ROW Total

AP Land Trees Compensation

Tan My 392,855,520 265,187,000 240,000,000 898,042,520 Commune Huynh Van 1 55 235,650,000 175,023,420 150,000,000 560,673,420 Bon Huynh Van 2 62 157,205,520 90,163,580 90,000,000 337,369,100 Re

Annex 3.

Comparison between Decree 197/ND-CP, Decree 69/NDCP And 2009 Social Policy Safeguards of ADB (Relevant to Subproject in Long An) Policy Areas of Comparison 197/2004/ND-CP, 69/2009/ND-CP ADB SPS 2009 Subproject Policy Compensation for lost land Decree 197, Article 9: The compensation rates for land Land based livelihoods restoration based upon Where appropriate and when land- shall be determined by the PPC in accordance with the land based strategies where possible, or cash based compensation is not viable, Government regulations for the type of land which has compensation at replacement value provided replacement cost surveys will be carried been used for at the time of land acquisition. loss of land does not undermine livelihoods for out by the subproject staff to ensure that Decree 69, Art 11, Art 16: Compensation is land for those with legal rights to land. Provide adequate subproject rates for all categories of same-use land or, if not available, the DP can be and appropriate replacement land. If land not loss will be equivalent to replacement compensated in cash based upon the market transfer available non-land based options built around cost at current market value. This work price of such land at the time of the decision to acquire. opportunities for employment, self-employment will be updated at the time of Compensation limited to the allowable land quota, unless should be provided in addition to cash compensation and will combined with land over limit due to inheritance or legally transferred compensation for land and non-land assets lost. other assistance and livelihood from other persons, or unused land developed according restoration measures to ensure full to the land use plan approved by the authorities. If not, restoration and improvements. Provided compensation only for improvements on that land. DP has legal or recognizable claim, compensation will be for full amount of land acquired. Based on the ADB SPS 2009 land-for-land compensation strategy is mandatory in the case of involuntary resettlement impact on Ethnic Minorities.

Differences between Decree 69, Article 14(2): If compensation is through new Provide physically and economically DPs with Physically displaced persons will compensation rates and land or allocation of land at a resettlement area or by needed assistance including:(i) if there is receive relocation assistance, secured market rates housing and the replacement is valued at less than the relocation, secured tenure to relocation land, tenure to relocated land, with land acquired, the price difference will be paid in cash. better housing at resettlement sites with comparable access to production and Decree 69, Article 14(2) (a): If replacement residential comparable access to employment and employment opportunities, and civic land or the amount compensated to purchase a production opportunities, integration of DPs infrastructure and community services replacement house is more than the actual replacement economically and socially into host as required, transitional support and cost, the DP still receives the full amount. Decree 69, communities;(ii) transitional support and development assistance such as land Article 14(2) (b) if the compensated amount is less than development assistance such as land development, credit facilities, training or the replacement residential land and house the DP will development, credit facilities, training or employment opportunities. pay the difference themselves except for cases covered employment opportunities; and (iii) civil

Policy Areas of Comparison 197/2004/ND-CP, 69/2009/ND-CP ADB SPS 2009 Subproject Policy by Article 19(1) – this will not apply to (poor) DPs who will infrastructure as required. be assisted by the State. If the DP does not receive land or house at the resettlement site the DP will receive the cash difference.

Monitoring No monitoring indicators indicated Monitoring indicators specified for internal and The EA will appoint an independent external monitoring and reporting external monitor and undertake internal monitoring of LARP implementation according to the critical indicators.