Technical Assistance Consultant’s Report

Project Number: 41450 February 2012

Preparing the Ban Sok–Pleiku Power Transmission Project in the Greater Mekong Subregion (Financed by the Japan Special Fund)

Annex 6.2: Land Acquisition and Resettlement Action Plan in Viet Nam (500 KV Transmission Line and Substation)

Prepared by Électricité de France

Paris, France

For Asian Development Bank

This consultant’s report does not necessarily reflect the views of ADB or the Government concerned, and ADB and the Government cannot be held liable for its contents. All the views expressed herein may not be incorporated into the proposed project’s design.

Ban-sok Pleiku Project CONTRACT DOCUMENTS – TRANSMISSION LINE Package – VIETNAM

FINAL REPORT

500kV TRANSMISSION SYSTEM PROJECT

ANNEX 6.2 – 500kV TRANSMISSION LINE & SUBSTATION Land Acquisition and Resettlement Action Plan (LARAP) In VIETNAM

Annex 6.2– TL & S/S LARAP in VIETNAM

LLaanndd AAccqquuiissiittiioonn aanndd RReesseettttlleemmeenntt AAccttiioonn PPllaann ((LLAARRAAPP))

Vietnam Section: Ban Hatxan (Ban­Sok)­Pleiku 500kVA Double Circuit Three Phased Transmission Line Project: 103 km, Kon Tum and Gia Lai Province.

As Part of ADB TA No. 6481‐REG: Ban Hatxan (BanSok) LaoPDR to Pleiku Vietnam, 500kVA Transmission Line and Substation Construction Feasibility Study.

Draft: August 2011

Prepared by the Consultant Electricite du France, PECC4 and Earth Systems, on Behalf of Electricite du Vietnam (EVN) and for the Asian Development Bank (ADB).

The views expressed in this LARAP do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

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Table of Contents Executive Summary ...... 4 Brief Project Description ...... 4 LARAP Objective ...... 4 Summary of Social Impacts ...... 4 Mitigation Measures and Implementation Arrangements ...... 5 Consultation and Grievance Redress ...... 6 Monitoring and Evaluation ...... 6 1. Introduction ...... 7 2. Project Description...... 8 3. Legal and Policy Framework ...... 11 Government of Vietnam Policies ...... 11 ADB Policies ...... 12 4. Socio‐Economic Information and Profile ...... 14 Project Area and Stakeholders ...... 14 Methodology ...... 16 Socio‐Economic Profile ...... 17 5. Public Consultation and Disclosure ...... 21 Consultation and Disclosure during Planning ...... 21 Community Attitudes toward the Project ...... 22 Framework for Ongoing Consultation and Participation ...... 22 Grievance Redress Mechanisms ...... 22 6. Land Acquisition and Resettlement Plan ...... 24 Objective and Scope ...... 24 Principles ...... 25 Eligibility Criteria ...... 25 Impacts of the TL ...... 26 Entitlements ...... 30 Compensation, Relocation and Income Restoration ...... 40 Other Measures ...... 42 Assistance for Vulnerable Groups ...... 42

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HIV / AIDS Awareness and Prevention Measures ...... 43 7. Implementation Arrangements ...... 45 Institutional Structures ...... 45 Calculation of Compensation ...... 47 Compensation and Allowances Budget ...... 47 Implementation Schedule ...... 52 Arrangements for Valuing and Disbursing Compensation ...... 53 Reporting and Approval ...... 54 8. Monitoring and Evaluation ...... 55 Internal Monitoring ...... 55 External (Independent) Monitoring and Evaluation ...... 55 Post Implementation Monitoring and Evaluation ...... 56 Annex 1 Results of IOL Surveying ...... 57 Annex 2 Preliminary Public Consultation Results ...... 65

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Executive Summary

1. This Land Acquisition and Resettlement Action Plan (LARAP) has been prepared as part of the technical assistance (TA) to undertake a detailed feasibility study on a planned 500 kV transmission line between Hatxan Substation in Lao PDR and Pleiku Substation in Vietnam. This LARAP has been prepared in cooperation with PECC4 and EVN.

2. The LARAP is for the section of the line between Pleiku substation and the Lao‐Vietnam border. A parallel LARAP has been prepared for the Lao section of the TL from border to the Hatxan sub‐ station.

3. The policy framework for this LARAP is that laid down in the Laws, Decrees and Regulations of the Government of the Socialist Republic Viet Nam (GoV), and in the ADB Handbook on Involuntary Resettlement of 1998 and subsequent updates, including Appendices 2 and 3 (Involuntary Resettlement and Indigenous Peoples) of the Safeguard Policy Statement (June 2009). The key compensation and resettlement policies followed in the project are listed below.

Brief Project Description

4. This project involves the construction of a new 500 kV transmission line over a 93.3 km distance across two provinces in Central Vietnam. The major work will be the construction of over 150 transmission line towers, the placement of 8 conductors for the entire length and clearing of the corridor. The project includes the construction of a new substation but no details are available. In order to avoid delays to the main work, a separate social assessment and resettlement plan or Vietnamese RSES will be completed for the new substation as soon as data are available.

5. The transmission line corridor will cross eleven communes in Kon Tum and Gai Lai, and will pass through mostly plantation forests of rubber, coffee and eucalyptus trees, creating a 40m‐wide construction corridor. The TL will extend from Kon Tum’s border with Laos, designated as station G0, to the substation located near Pleiku in Gai Lai province, designated as station G30.

LARAP Objective

6. The main objective of the LARAP is to provide planned and time‐bound measures and specify resources to restore the livelihoods of the people impacted by the TL to at least their condition of well‐being and income levels prior to the implementation of the project.

7. The specific objectives of this LARAP are to provide an effective guideline for the GoV to use for acquisition of land and entitlements to implement the Project and ensure that the people and households affected by land acquisition are compensated under the prevailing legal norms of GoV and in compliance with the policies of the GoV as well as MONRE.

Summary of Social Impacts

8. The transmission line project area (section in Vietnam territory) crosses through 12 communes, 4 districts, 1 town and 2 provinces. The 48 displaced households are located in five (5) communes in three (3) districts and two (2) communes in Kon Tum Town (Table 2). There are 228 people residing

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in the 48 households who will be displaced. In addition to 48 displaced households, 786 households spread among the 11 affected communes will also be affected by temporary (501 households) or permanent (237 households) loss of land and / or assets (Table 3). There are a total of 3,260 affected persons (Table 4).

9. Of the 48 displaced households, 60% are of the ethnic majority Kinh (or Viet) and 40% are of the ethnic minorities Gia Rai. There are more than 15 ethnic groups living in Kon Tum. Kinh (the Viet majority) comprise 47% of the population. The largest ethnic minoritiese are th Sê Đăng (91,719 people), Ba Na (44,196 people), Gia Triêng (28,831 people) and Gia Rai (19,652 people). Kinh people live mainly in township, town and along the large roads. Gia Lai Province has Gia Rai and Bahnar indigenous groups, which together comprise approximately 45% of the total population of the province.

10. During the design phase, potential social impact of the line was considered, and the preferred alignment of TL has been selected because it minimizes the impact on villages and permanent agricultural land. In consequence land and other losses are minimized. Nevertheless 786 households are affected, most having only temporary loss of land in the Right of Way of the TL during construction, but with 237 households losing small areas of productive land and households suffering losses through the cutting of rubber trees. Only 42 households will lose houses and require relocation. The households requiring relocation can be moved within the same village.

11. There is one village, Plei Duân, with 20 households that, while no household structures are directly affected, is potentially affected by the fact that it is located between the 500 kV TL and the new proposed 500 kV TL. This village is located along the transmission line section at 22nd turning angle (G22). The edge of the village is approximately 100 m from the new proposed TL and less than 100 m from the existing line. The potential need to relocate this village will depend on the expected cumulative impact of electro‐magnetic radiation from the two TLs. EVN, in consultation with the CPC, CARC and local residents, will need to assess whether it is necessary to relocate this village.

12. Affected household and land estimates in this LARAP are based on a Right of Way (ROW) of 30.6 m, which is roughly half the internationally recommended ROW (which is also the ROW that will be used in the Lao PDR) of 70 m.

Mitigation Measures and Implementation Arrangements

13. The resettlement principles and assistance have been designed to cover compensation for lost assets and restore or enhance the livelihoods of all categories of affected people. An Entitlement Matrix is provided in Chapter 6, which provides a summary of the application of the principles, definition of entitled persons, entitlements and indicates results of actions.

14. Impact of the TL is likely to be significant as it is on an important population of Giarai and other indigenous groups. The LARAP therefore includes an Indigenous Peoples Development Plan (IPDP), which sets out measures to provide compensation in the form of support for the development of the affected ethnic groups. These measures also endeavor to build on wider measures being taken by the Government of Vietnam (Provincial and sector‐wide programs (e.g. HIV / AIDS, education and health), particularly in the context of hydropower development.

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15. National Power Transmission Corp. (directly under EVN) is the Project Owner and authorizes Central Vietnam Power Projects Management Board (CPPMB) to plan and implement the whole project, including LARAP implementation. CPPMB will be assisted by and cooperate closely with the PPC of Gia Lai, Kon Tum, and other concerned agencies. The Compensation, Allowances and Resettlement Committee (CARC) of district people’s committee is the Implementing Agency of the compensation, allowances and resettlement of peoples affected by the TL and substation.

16. A total budget of almost 50 billion VND (approximately 2.4 million USD) has been identified as required for LARAP implementation. This includes 43 billion VND (approximately 2.1 million USD) for compensation of affected assets and land.

Consultation and Grievance Redress

17. Consultation was conducted with APs and with community leaders and officials during the Inventory of Loss (IOL) survey of affected land, crops, trees and structures within the TL ROW. Information was provided and discussion undertaken both during the socio‐economic survey and census of loss of the affected households and in meetings with the communities, and with village heads and sub‐ district officials, during February 2011.

18. Most APs expect simply to be treated fairly in terms of compensation. Perceived benefits of the TL included increased employment opportunity related to the annual clearing of the TL corridor and benefits from specific planned measures to restore or enhance any loss of livelihoods.

19. The Project Owner will undertake grievance resolution in accordance with the Land Law (2003) and its implementation decrees (197/2004/ND‐CP and 84/2007/ND‐CP) for grievances relating to disputes on land acquired by the State. Though the decrees are specific to land disputes, this mechanism will be applied to all grievances related to the Project. The process specific by the Land Law implementation decrees is a four step process – with seeking redress through the court system as the final (fourth) step. All grievances will initially be handled via consultations with the aim of resolving matters through consensus at the project level.

Monitoring and Evaluation

20. Monitoring and evaluation (M&E) is a major part of the resettlement management system. The Resettlement Action Plan will be both internally monitored and externally monitored (by an independent agency such as an NGO or research institution engaged for this purpose). In accordance with the ME guidelines, during the project implementation, both internal and external, resettlement monitoring and evaluation will be carried out in order to ensure that all affected people are compensated adequately, effectively and their income and livelihood are better off and at the minimum restored.

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1. Introduction

21. Vietnam has signed a Memorandum of Understanding with the Government of Lao PDR for the purchase of 5,000 MW of electricity per year by 2020 (Powering Progress, 2010). Vietnam is also funding a large number of hydroelectric power developments in southern Laos to supply the rapidly growing demand for electricity in Vietnam. The import of electricity from Lao PDR over the coming decades is an important aspect of economic cooperation between the two countries, and is important for Vietnam's economic development, especially in the south of the country where electricity shortages impede progress. The Ban Sok‐Pleiku Transmission Line (TL) Project is critical to insuring that the electricity generated in Laos reaches Vietnam with minimal losses and delays. This project is considered an essential part of Vietnam’s power planning over the next decade and will ensure maximum return on its very large investments.

22. The Project will support the import of electricity from Lao PDR through the construction of a high‐ voltage TL from Ban Hatxan in Attapeu Province, Lao PDR to the Pleiku sub‐station in Gia Lai Province, Vietnam. The TL project includes construction of (i) 150 kilometres of double‐circuit 500 kV transmission line between Hatxan sub‐station and Pleiku in Vietnam; (ii) the new Hatxan 500/230kV substation and (iii) the upgrade of an existing sub‐station in Gia Lai Province1. This LARAP focuses exclusively on the section of the TL between the Lao‐Vietnam border and the Plieku sub‐station.

23. This LARAP forms part of the IEE study for the TL, reflecting the regulatory requirement of the Government of Vietnam (GoV) and of ADB for resettlement and compensation, in accordance with the national, local and international social and environmental protection laws, regulations and guidelines.

24. The information in this LARAP comes largely from an early version of the Initial Environmental Examination (IEE) report for Ban Sok ‐ Pleiku 500kV Transmission Line (section in Vietnam territory) prepared by Power Engineering Consulting Company 4 (PECC4) for EVN. The draft IEE report is based largely on secondary data that is data collected from available maps, reports, statistical data and discussions with involved parties. Additional field work was undertaken by the consultant in cooperation with PECC4 to confirm the information in draft IEE, to filld gaps an to ensure the work program was consistent with ADB standards (e.g. appropriate consultation and disclosure was undertaken).

25. This project is classified as Involuntary Resettlement Category A, as 786 households are likely to be affected by the loss of land and / or other assets. As such, a full LARAP with assessment of social impacts is required.

26. This project is classified as Indigenous Peoples Category A according to ADB Indigenous Peoples Classification as almost 50% of the affected population is from ethnic minority groups, and as such requires the preparation of an Indigenous Peoples Development Plan.

1 Initial design plans called for the extension of the existing Pleiku sub‐station, however, more recent information from EVN indicated that the exact location of the new sub‐station is currently unknown. Further safeguard studies will be required once the location of the sub‐station is identified.

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2. Project Description

27. This project involves the construction of a new 500 kV transmission line over a 93.3 km distance across two provinces in Central Vietnam. The major work will be the construction of over 150 transmission line towers, the placement of 8 conductors for the entire length and clearing of the corridor. The project includes the construction of a new substation but no details are available. In order to avoid delays to the main work, a separate social assessment and resettlement plan or Vietnamese RSES will be completed for the new substation as soon as data are available.

28. The transmission line corridor will cross eleven communes in Kon Tum and Gai Lai (Map 1 and Map 2), and will pass through mostly plantation forests of rubber, coffee and eucalyptus trees, creating a 40m‐wide construction corridor. The TL will extend from Kon Tum’s border with Laos, designated as station G0 (Map.1), to the substation located near Pleiku in Gai Lai province, designated as station G30 (Map 2).

29. A new 93.3 km long 500kV transmission line within a 40m wide construction width will require 373 ha of land. It is not known if work will commence at several locations at once or be completed sequentially, but at any one time as many as 200 people could be working on site. The project planning work is scheduled for completion by the end of 2011. Aside from the stringing of conductors, much of the tower erection will be completed using manual labour. The TL will be operational in 2014 or 2015, in time to match the start of power generation from the hydroelectric facilities in southern Laos funded by the GoV.

30. Alternatives to the TL were not seriously considered since a TL was a critical link to getting the power from the hydroelectric stations funded by Vietnam (with one already under construction) to Vietnam’s grid. Without a new 500 kV TL the power was not going to get to Vietnam, since other transmission lines were at a capacity and far away from the power station sites.

31. Two alternative alignments were considered. Alignment 1 was 93.38 km with 65 families to be relocated and 135 additional houses and/or assets affected in some way. This alternative will need to cross water bodies twice. It crosses through smooth terrain with mainly low hills. Main vegetation cover is primeval forest (border area), and rubber, coffee, and crops of local people. Alternative 2 is 95.30 km in length, and would require the relocation of 61 families, plus an additional 105 whose property will be affected in some way. Two of the five sections are the same as for alternative 1. There will only be one water crossing. The section from G 8 to G18 is in very complex terrain, with many deep canyons, high fluctuation of altitude and access limitation, requiring access road construction. Main vegetation cover is thick forest, coffee, rubber, and crops planted by local people.

32. The length of Alternative 2 exceeds Alternative 1 by 2km. Access to a section of Alternative 2 would require additional work and land clearance to access the TL corridor. Alternative 1 crosses over smooth terrain, and is near an existing road. One section of Alternative 2 (through the Chu Pah district in Gia Lai province) would affect more households than the complimentary section in Alternative 1. This section also negatively affects the master planning of the residential area expansion, and possibly interferes with the Ho Chi Minh Highway in Gia Lai Province. For these reasons, Alternative 1 was selected as the most suitable route.

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Map 1 Land use in the TL corridor in Kon Tum Province.

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Map 2 Land use in the TL corridor in Gai Lai Province.

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3. Legal and Policy Framework

33. The policy framework for this LARAP is that laid down in the Laws, Decrees and Regulations of the Government of the Socialist Republic Viet Nam (GoV), and in the ADB Handbook on Involuntary Resettlement of 1998 and subsequent updates, including Appendices 2 and 3 (Involuntary Resettlement and Indigenous Peoples) of the Safeguard Policy Statement (June 2009). The key compensation and resettlement policies followed in the project are listed below.

Government of Vietnam Policies

34. The LARAP’s policy and legal framework, and entitlement matrix are based on Decrees and Regulations of Government of The Socialist Republic of Viet Nam. The Constitution of the Socialist Republic of Vietnam (1992) confirms the right of citizens to own and protect the ownership of a house. The land law (2003) provides Vietnam with a comprehensive land administration law. Ownership of land in Vietnam resides with the State. The State exercises the right to assign and lease land to land users, including individuals, households and organizations. The State delegates to the Provincial People’s Committees (PPCs) the authority to grant land use rights certificates (LURC) to land users. The Compensation, Allowances and Resettlement Committee (CARC) of district people’s committee is the Implementing Agency of the compensation, allowances and resettlement of peoples affected by the TL and substation.

35. The table below provides the GoV laws, decrees, circulars and regulations that comprise the legal framework for land acquisition, compensation and resettlement as well as information disclosure, dissemination and policies for indigenous peoples (Table 1).

Table 1 Legal framework for compensation and resettlement in Vietnam.

Law / Policy Date Constitution of Vietnam 1992 Land Law 2003 Construction Law 2003 Decree No. 17/2003/ND‐CP on democracy in communes (including requirement for consultation and 2003 participation) Electricity Law 2004

No.29/2004/QH11 Law on Forest Protection and Development 2004

No. 153/2004/QD‐TTg Strategic Orientation for Sustainable Development in Vietnam (Vietnam's Agenda 2004 21) Decree 197/2004/ND‐CP on compensation, support and resettlement when land is recovered by the 2004 State

No. 52/2005/QH11 Environment Protection Law 2005

Decree 17/2006/ND‐CP amending the Land Law implementation decree 2006

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Law / Policy Date Circular 69/2006/RR‐BTC amending the Circular (2004) guiding the implementation of Decree 2006 197/2004/ND‐CP (see above) Decree 84/2007/ND‐CP on revision of issuing LURC, land acquisition, implementation of land use right, 2007 procedure for compensation, resettlement and grievance redress when land is acquired by the State

Decree 123/2007/ND‐CP amending decree 188/2004/ND‐CP on methods to determine land prices and 2007 assorted land price brackets

Decree No. 69/2009/NĐ‐CP on supplemental regulation on planning land use, land price, land 2009 acquisition, compensation, assistance and resettlement.

36. Decree No. 131/2006/ND‐CP, on the management and use of Official Development Assistance, provides that in case of “gaps between any provision in an international treaty on Official Development Assistance, to which the Socialist Republic of Vietnam is a signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall take precedence” (Article 2, Item 5). ADB’s “Guidance Note for Review of Country Safeguard Systems” will be used as a reference point for ensuring that measures for the implementation of the sub‐station and TL meet international safeguard requirements. Key areas where ADB safeguards will cover gaps in the GoV safeguard policies include:

i. The consultation process is participatory – information is provided to affected persons, and their feedback and input into mitigation measures is sought (in contrast with GoV legislation, which only requires provision of information).

ii. Land users without official documentation (including ‘non‐legal’ land users) are eligible for compensation if they have been using the land prior to the cut‐off date. This includes providing compensation for houses constructed without permission and businesses operating without a business certificate.

iii. Deductions from land and assets in the Land Law and Decree 197 (e.g. 80% compensation for houses built on land ineligible for compensation) are not applicable – affected property will be compensated at 100%.

37. Provisions and principles adopted in this LARAP for the project supersede the provisions of relevant decrees currently in force in Vietnam wherever a gap exists.

ADB Policies

38. The ADB Operational Policies (OM Section F1/BP March 2010), Involuntary Resettlement Policy (1995) and subsequent handbook (1998) aim to avoid or minimise involuntary resettlement wherever possible. Where it is not possible to avoid resettlement or land acquisition, the policy aims to ensure that affected people achieve a standard of living at least at the level as prior to the Project. ‘Involuntary resettlement’ is characterized by the ADB as occurring in situations where the development of a project leads to temporary or permanent social and economic impacts through: (a) the acquisition of land and other fixed assets; (b) change in use of land, or (c) restrictions imposed on land as a result of a project.

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39. ‘Affected People’ are defined as any people, households, firms or private institutions who, on account of changes that result from the project will have their: (a) standard of living adversely affected; (b) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily, and/or (c) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement.

40. The three key elements of the ADB policy are (a) compensation to replace lost assets, livelihood and income; (b) assistance for relocation, including the provision of relocation sites with appropriate facilities and services, and (c) assistance for rehabilitation to achieve at least the same level of well‐ being with the project as without it.

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4. Socio­Economic Information and Profile

Project Area and Stakeholders

41. The transmission line project area (section in Vietnam territory) crosses through 11 communes, 4 districts, 1 town and 2 provinces. The 48 displaced households are located in five (5) communes in three (3) districts and two (2) communes in Kon Tum Town (Table 2). There are 228 people residing in the 48 households who will be displaced. In addition to 48 displaced households, 786 households spread among the 11 affected communes will also be affected by temporary (501 households) or permanent (237 households) loss of land and / or assets (Table 3). There are a total of 3,260 affected persons (Table 4).

42. Of the 48 displaced households, 60% are of the ethnic majority Kinh (or Viet) and 40% are of the ethnic minority Gia Rai. There are approximately 250,000 Gia Rai people in Vietnam (compared with almost 60 million Kinh) living primarily in Gia Lai, Kon Tum and Dac Lac Provinces.

43. Eight (8) rubber plantations are affected by the ROW – five are owned by companies and three by individual households (Table 5). IOL surveying indicated that 41,806 rubber trees are likely to be affected by the TL.

Table 2 Households with structures displaced by the ROW .

Both House and Auxiliary Just Auxiliary Total No. with Structures Just House Structures Structures Affected Affected Affected Affected Province District Commune HH People HH People HH People HH People TOTAL 11 11 51 19 91 18 86 48 228 Kon Tum 3 7 6 29 16 76 10 48 32 153 Ngọc Hồi 2 3 15 6 28 6 29 15 72 Đắk Xú 3 15 6 28 5 24 14 67 Đắk Kan 0 0 1 5 1 5 Sa Thầy 4 3 14 10 48 4 19 17 81 Rờ Kơi 0 0 2 9 0 0 2 9 Sa Nhơn 0 0 1 5 4 19 5 24 Sa Nghĩa 2 9 2 10 0 0 4 19 Sa Bình 1 5 5 24 0 0 6 29 Kon Tum City 1 0 0 0 0 0 0 0 0 Ia Chim 0 0 0 0 0 0 0 0 Gia Lai 1 4 5 22 3 15 8 38 16 75 Chư Păh 4 5 22 3 15 8 38 16 75 Ia Mơ Nông 0 0 0 0 0 0 0 0 Ia Phí 0 0 0 0 3 15 3 15

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Both House and Auxiliary Just Auxiliary Total No. with Structures Just House Structures Structures Affected Affected Affected Affected Province District Commune HH People HH People HH People HH People Ia Kar 0 0 0 0 4 18 4 18 Nghĩa Hoà 5 22 3 15 1 5 9 42 Source: Household Survey Results of PECC4, 2010‐2011

Table 3 Households (HH) with land affected within the TL Right of Way .

No. with Permanently No. with Temporarily Affected Land Affected Land Province District Commune HH People HH People TOTAL 237 987 501 2405 Kon Tum 3 7 175 690 343 1645 Ngọc Hồi 2 38 140 92 441 Đắk Xú 25 90 53 254 Đắk Kan 13 50 39 187 Sa Thầy 4 123 476 220 1055 Rờ Kơi 26 89 49 235 Sa Nhơn 43 151 72 345 Sa Nghĩa 27 97 51 245 Sa Bình 27 139 48 230 Kon Tum City 1 14 74 31 149 Ia Chim 14 74 31 149 Gia Lai 1 4 62 297 158 760 Chư Păh 4 62 297 158 760 Ia Mơ Nông 11 55 35 168 Ia Phí 28 126 66 315 Ia Kar 11 61 32 154 Nghĩa Hoà 12 55 26 123 Source: Household Survey Results of PECC4, 2010‐2011

Table 4 Summary of Households (HH) Affected Within the Transmission Line Right of Way.

HHs having No. of HHs/people temporarily affected having affected Total number of HHs losing land land house/structure PAHs/PAPs Province HHs people HHs people HHs people HHs people Kon Tum 175 690 343 1,645 32 153 550 2,488 Gia Lai 62 297 158 760 16 75 236 1,132 TOTAL 237 987 501 405 48 228 786 3,620

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Source: Household Survey Results of PECC4, 2010‐2011

Table 5 Summary of affected rubber plantations.

Length of TL Temporary Permanent through affected area affected No. Owner Plantation (m2) area (m2) 1 Rubber company 372 (Army Corps 15 Ngoc Hoi, Kon Tum) 10,658 326,135 10,924 2 Households (Ia Kơi commune, Sa Thầy, Kon Tum) 26 796 0 3 Rubber company 372 (Army Corps 15, Sa Thầy, Kon Tum) 5,159 157,865 5,427 4 Households (Sa Nhon commune, Sa Thầy, Kon Tum) 1,138 34,823 1,280 5 Households (Sa Nghia commune, Sa Thầy, Kon Tum) 570 17,442 641 6 Rubber company 372 (Army Corps 15, Sa Thầy, Kon Tum) 4,471 136,813 5,030 7 Chư Păh Rubber Company (Chư Păh, Gia Lai) 277 8,476 0 8 Ia Nhim Rubber One Member Co. Ltd. (Chư Păh, Gia Lai) 2,541 77,755 2,423 Total 24,840 760,104 25,725 Source: Household Survey Results of PECC4, 2010‐2011

Methodology

44. In order to update the information provided in the draft IEE prepared by PECC4 and to inform the preparation of the LARAP, the following surveys were undertaken in February 2011:

i. Full census survey of affected households;

ii. Inventory of Loss (IOL) survey (identification of affected households / structures / assets);

iii. Additional IOL Information and data collected from People’s committee at commune level, and from communes’ socio‐economic documents;

iv. Consultations at the village level with community members including women and representatives of all ethnic groups, local leaders, EVN officials and the land occupier; and

v. Collection of secondary socio‐economic and land use data from Provincial and District statistical records.

45. The IOL includes a list of affected households, land and assets, which allows calculation of estimated costs of compensation and mitigation actions. The IOL also provides a basis for the Detailed Measurement Survey (DMS), which will be undertakene once th location of the sub‐station and the TL alignment are precisely known. The IOL covered 100% of affected households and included a cadastral survey of impacted land, crops and trees, quantity survey of impacted structures, and a household questionnaire survey. The latter provides a basis for the determination of income losses,

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poverty and vulnerability of individual households for purposes of determining the need for any specific assistance.

46. The data collected do not include assessment of land losses by reference to total land of affected households to determine those which are severely affected. Data on percent of land loss of each affected household (i.e. lost land >10% of total land, which is the ADB’s cut‐off for determining significant impact, or lost land >30% of total land, which is the cut‐off in Vietnam’s national policies) will be determined in next stage of the project to determine allowances and income restoration, and specifically to identify measures for vulnerable and severely affected households.

Socio­Economic Profile

47. Both Kon Tum and Gia Lai are heavily forested, primarily mountainous areas. 75% of the TL is in Kon Tum and 25% in Gia Lai. Approximately 70% of the land in Kon Tum is classified as forest – primarily “production forests” (41%) and “protected forest” (21%). About 15% of the land is used for agriculture, of which 2% is rice paddy land and 5% is perennial crop (including rubber and coffee). Just over 10% of the land is unproductive – forested mountains, steep slopes, etc.

Population and Demographics

48. The total population of Kon Tum Province in 2009 was 432,865, living at a population density of 45 per/km2, of which 33.83% were urban and 66.17% rural. The natural growth rate of the population is 1.98 in 2009, falling from 2.55 in 2000. The population has, however, increased by about 30% in the past decade, from 328,059 in 2000, largely reflecting the influx of Kinh Vietnamese under controlled migration and settlement programmes aimed at relieving the population pressure on the land in the Red River Delta and other overcrowded northern regions and at agricultural development, particularly development of industrial crops, including rubber, coffee and cassava, in Kon Tum.

49. There are more than 15 ethnic groups living in Kon Tum. Kinh (the Viet majority) comprise 47% of the population. The largest ethnic minorities are the Sê Đăng (91,719 people), Ba Na (44,196 people), Gia Triêng (28,831 people) and Gia Rai (19,652 people). Kinh people live mainly in township, town and along the large roads.

50. Gia Lai Province has an estimated 1.1 million people – including the largest populations of Gia Rai and Bahnar indigenous groups, which together comprise approximately 45% of the total population of the province.

51. The communes affected by the TL ROW have populations ranging from 5,268 people (La Phi in Chu Păh District) to 1,048 (La Chim in Kon Tum town) (Table 6). Population densities range from 189 persons per km2 (Nghia Hoa in Chu Păh) to 17.4 persons per km2 (La Chim in Kon Tum town). For the most part, population densities were higher in the communes in Gia Lai Province, compared to those in Kon Tum.

Table 6 Population and population density in the Districts and Communes affected by the TL.

Place name Area (km2) Population (persons) Density (persons / km2)

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Place name Area (km2) Population (persons) Density (persons / km2) Kon Tum province Ngoc Hoi district 99.3 7,275 40.1 Bo Y commune 122.2 3,984 32.6 Dak Can commune 93.4 3,291 35.2 Sa Thay district 11,013 Ho Moong commune 65.23 4,570 70.1 Sa Nghia commune 37.46 1,891 50.5 Sa Binh commune 40.35 4,552 112.8 Kon Tum town 3,417 Hoa Binh commune 89.72 2,369 26.4 Ia Chim commune 60.22 1,048 17.4 Gia Lai province Chu Păh district 14,219 IaPhi commune 69.95 5,268 75.3 Hoa Phu commune 54.91 4,973 90.6 Nghia Hoa commune 21.09 3,978 188.6

Education

52. In Kon Tum, nearly 100% of primary school‐aged children are currently enrolled in school, with equal number of male and female students. Figures are lower for secondary school – approximately 66% of eligible children are enrolled in lower secondary, and only 30% of those who attended lower secondary continue to upper secondary – again with equal numbers of male and female. Once in upper secondary, almost 86% graduate.

53. In Gia Lai, 5 precincts and 1 town have achieved the national standard achievement of compulsory secondary education.

Health

54. Kon Tum Province has 11 Provincial or District hospitals, 950 Health Centres and 140 polyclinics. These are staffed by 249 qualified physicians, 426 assistant physicians, 547 nurses, 191 midwives and 179 pharmaceutical staff. In 2000, it was reported that there were almost 5 physicians per ten thousand people. The vaccination program has been implemented in 100% of the communes, precincts and towns. The rate of malnourished children in 2000 was 37%. Data collected in 2006 indicates that there are 99 cases of HIV and 72 cases of AIDS in the Province.

55. Gia Lai Province reported a total of 2,150 health staff (of which, 322 are physicians) in the Province in 2000. 100% of the communes have an infirmary / clinic and, in 2000, 90% of children were fully vaccinated. In 2005, just over 300 cases of HIV and almost 90 cases of AIDS were reported.

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Income and Livelihood Systems

56. Both Provinces have seen economic growth since 2000. This is in part due to the planned inward migration, increased agricultural productivity and the development of industrial crops. The average GDP per capita in Kon Tum was 201 USD / person in 2002 and, in Gia Lai,D 275 US / person in 2000.

57. The population of both Provinces are predominantly engaged in agriculture (approximately two thirds of the workforce), mainly in food and industrial upland crops and rubber production.

58. Forestry is strictly controlled in Kon Tum and provides little livelihood support, hunting and the collection of non‐timber forest products having largely declined with the consolidation of indigenous peoples’ villages and control of production and protective forests over the past 30 years. In Gia Lai, forestry‐based livelihoods have shifted from exploiting forestry resources to protecting remaining forests and reforesting denuded areas. Over 4,000 have participated in reforesting a total of 129,000 hectares of forest area.

59. Other significant occupations in Kon Tum are trading, construction, manufacturing and public services, including educational and health professionals and administration. Approximately 14% of the workforce in Kon Tum is employed by the state. Main industrial activities other than construction are mining or in food and beverages and garments production, leather tanning, furniture, and in electricity, gas and water supply. The main export products from Kon Tum include coffee, refined wood and garments.

60. In Gia Lai, limestone quarries have been developed for the cement producing industry. Presently, there are 2 factories producing cement with the capacity of 140,000 tons per year. Processing of forestry products, largely with wood imported from Cambodia and Lao, is also undertaken in Gia Lai.

61. Economic and social changes in both Provinces have been dramatic in the past decade, with most change taking place in agricultural and especially industrial crop production, and with associated changes in labour force deployment. While areas under crops has increased by about 50%, agricultural production by value has increased six‐fold since 2000, both of perennial crops, including rubber, which constitutes slightly over fifty per cent of production value in 2009, and of food crops production of which has increased four‐fold during the decade.

Access and Infrastructure

62. Presently, in Kon Tum, 100% communes, precincts, towns have been connected with the national power grid. In the TL area, approximately 95% of households reported using electricity on a daily basis in 2010. The rate of population using fresh water was estimated to be between 85% and 90% in 2010. The rate of freshwater usage is likely lower in rural areas.

63. In Gia Lai, in 2000, all district centers and 137 of 175 communes, precincts and township had been connected with the national power grid. Approximately 54% of households reported using electricity – though this figure is significantly lower for ethnic minority households (which reported that only 10 – 12% of households used electricity. Approximately 60% of the population uses fresh water.

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Safety and Unexploded Ordinance (UXO)

64. Since the TL is close to the border with Lao PDR, there is likely to be the danger of unexploded ordinance (UXO) in the vicinity of the communes affected by the TL and within the RoW.

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5. Public Consultation and Disclosure

65. The approach is participatory, in providing to the affected people the opportunity to understand the impact of the project and in seeking their needs and expectations of measures and resources needed for resettlement or for the restoration or improvement of wellbeing, resources, facilities and livelihoods affected by the project.

Consultation and Disclosure during Planning

66. Consultation was conducted with APs and with community leaders and officials during the IEE and survey of affected land, crops, trees and structures within the TL ROW. Information was provided and discussion undertaken both during the socio‐economic survey and census of loss of the affected households and in meetings with the communities, and with village heads and sub‐district officials, during February 2011.

67. Consultation meetings were held at project affected communes with participation of inhabitants of the communes. Details of the dates, matters discussed at each meeting and the people attending are attached in Annex 2.

i. The composition of these groups in areas of ethnic peoples was that of the indigenous groups living in each village, so that it was not considered necessary to hold separate meetings with different ethnic groups.

ii. The meetings had two main purposes: first to ensure that they were fully informed about the transmission line project and its impact, and secondly in order to understand community’s response to the project, perceived benefits and impacts, local needs/options, project options and choices.

68. Discussion of the latter questions was specifically related to the communities’ ethnic composition and to impact on their culture, social structure and livelihoods system. Focus group meetings with village leaders and with women and older men were directed particularly to exchanging views on impact of the TL and sub‐station, and measures which both mitigate impact and contribute to sustainable development. Particular attention was paid to considering measures which in the view of the leaders and members of the ethnic groups would sustain traditional ways of life and livelihoods. Discussion with their leaders, and separately with men and women, was addressed particularly to their dependency on and observances towards the forest environment.

69. Information about the TL construction, its route and location of land impacted by towers and substation, and information about its operating characteristics, and information about the method of calculation and negotiating compensation rates and about the mechanism for grievances have been compiled into a brochure and distributed to local group leaders and to household heads of one in six households. They were also displayed as posters at the village headmen’s houses, village meetings rooms and the District and Sub‐district Centres. As above, this information was also conveyed verbally during consultation meetings. Consultation meetings and IOL and socio‐ economic surveys also included question and answer sessions. APs and village headmen and elders were also informed that the LARAP would be made available for consultation at the District and Commune Centres.

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70. A ‘needs assessment’ was also undertaken where APs and the community at large were asked, both in the socio‐economic questionnaire survey and in consultation meetings, to identify their specific needs, to discuss any impact of the TL on well‐being, and to suggest measures for assistance, improvement of livelihoods, strengthening of services and the local economy. These suggested measures were used to inform the preparation of the income restoration programme. The assessment was also undertaken specifically for indigenous groups and women to ensure their concerns and needs are addressed in the IPDP and GDP prepared as part of the LARAP.

Community Attitudes toward the Project

71. Responses of the APs to the Project were based on information which they have had about the TL during the past two years, and on the provision of a leaflet and consultation meetings during the IOL. Most expect simply to be treated fairly in terms of compensation, but in response to careful questioning a number of options were generally agreed to be valuable in restoring losses of forest and in compensating for the impact of the TL and will be provided for in the detailed IPGDP.

72. Perceived benefits of the TL include increased employment opportunity related to the annual clearing of the TL corridor and benefits from specific planned measures to restore or enhance any loss of livelihoods. Planned measures that have been discussed with community are described in outline below as aspects of the LARAP and of the integrated Indigenous Peoples and Gender Development Plan (IPGDP), including improved access to health facilities, training and educational programs and water supply.

Framework for Ongoing Consultation and Participation

73. Consultation will continue to take place, with the affected people and their leaders, at every stage of preparation and implementation of the LARAP. Proposals and institutional structures, including participative management and grievance mechanisms, are set out within this report and have been disclosed to APs during consultation to ensure continued consultation throughout the implementation of the LARAP.

Grievance Redress Mechanisms

74. Despite participatory planning of land acquisition and resettlement activities, during implementation, various issues might be encountered by the affected people. In order to resolve these concerns effectively and timely, a grievance redress mechanism shall be set up. The affected people will be notified about such mechanism before the resettlement implementation.

75. The Project Owner will undertake grievance resolution in accordance with the Land Law (2003) and its implementation decrees (197/2004/ND‐CP and 84/2007/ND‐CP) for grievances relating to disputes on land acquired by the State. Though the decrees are specific to land disputes, this mechanism will be applied to all grievances related to the Project. The process specific by the Land Law implementation decrees is a four step process – with seeking redress through the court system as the final (fourth) step. All grievances will initially be handled via consultations with the aim of resolving matters through consensus at the project level.

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76. The grievance redress mechanism for the TL Project is provided in Figure 1. It is expected that a majority of grievances will be resolved at steps 1 or 2, with only a small number progressing to step 3 and even fewer to step 4. The four steps are:

i. If a person is not satisfied with his or her compensation or rehabilitation measure, he or she could voice (oral or written) his or her complaint to the village head or directly to the Commune Peoples Committee (CPC). The village head / CPC will respond to the grievance within 15 days of receiving the complaint.

ii. If the affected person is not satisfied with the decision by the village head / EMU (Commune Level), then the person can appeal to the District Peoples Committee (DPC). The DPC will decide on the complaint and respond to the complainant within 15 days.

iii. If the affected person is not satisfied with the ruling of the DPC, the complaint can be appealed to the Provincial People’s Committee (PPC). The PPC will respond to the complaint within 45 days.

iv. If the affected person still does not agree with the decision, then he / she could go the court for settling the matter.

Figure 1 Grievance redress mechanism

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6. Land Acquisition and Resettlement Plan

Objective and Scope

77. The main objective of the LARAP is to provide planned and time‐bound measures and specify resources to restore the livelihoods of the people impacted by the TL to at least their condition of well‐being and income levels prior to the implementation of the project.

78. The specific objectives of this LARAP are to provide an effective guideline for the GoV to use for acquisition of land and entitlements to implement the Project and ensure that the people and households affected by land acquisition are compensated under the prevailing legal norms of GoV and in compliance with the policies of the GoV as well as MONRE.

79. For this purpose, the LARAP has been prepared taking into account the findings of the socio‐ economic survey data, field visits, census data and meetings with stakeholders in the project area. The LARAP identifies (i) the impacts and extent of losses; (ii) principles and legal framework applicable for mitigation of losses; (iii) provisions restoration of income/livelihood; and (iv) responsibilities for delivery and monitoring of the LARAP process.

80. The LARAP is directed to mitigating the impact of the construction and operation of the Pleiku sub‐ station and TL and to providing fair compensation and replacement of resources and means of livelihood to affected households and communities, including:

i. Compensation for temporary and permanent agricultural land loss;

ii. Compensation for loss of crops and trees;

iii. Restoration and improvement of livelihoods affected by loss of access to the forest and to forest products and to hunting grounds;

iv. Compensatory measures for impact on cultural and religious sites and practices;

v. Developmental measures for impact on the livelihoods and wellbeing of women;

vi. Developmental measures for improvement of agricultural and related production and post‐harvest systems;

vii. Provision for earning opportunities related to the project;

viii. Land and water resource development and provision of title to permanent land rights;

ix. Artisanal and small‐scale trading opportunities related to the opening up of the territory of ethnic groups;

x. The financing of an HIV/AIDS Awareness and Prevention Program to strengthen existing Provincial Government CHAS services in the context of the impact of incoming work forces both of the TL construction and of associated hydropower projects.

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Principles

81. The LARAP embodies the following principles:

i. Impact of the TL on social assets, displacement and resettlement will be avoided as far as possible at the stages of project design and implementation, and steps taken to mitigate impact and losses wherever they occur;

ii. Fair compensation will be provided for all land and fixed assets and for livelihoods lost in the implementation or operation of the TL and sub‐station and will be set out in a time‐ bound LARAP;

iii. The LARAP will be based on consultation with and full disclosure to affected people and on their participation in decisions about mitigation and restoration measures;

iv. Compensation for land loss will be provided to affected people regardless of their legal status or title as owners and users of the impacted land;

v. Specific provision will be made for assistance to vulnerable (including women and indigenous peoples) and severely affected households;

vi. Resettlement will be planned as an integral part of the project and will so far as is possible be developmental in character and execution, leading to improvement in the pre‐project social and economic situation of affected people;

vii. Specific measures will be taken to provide for the participation of and benefit from employment and income generation activities arising from the construction and operation of the transmission line; and

viii. The LARAP and its institutional arrangements will include provision for a grievance mechanism known and available to affected people to permit the communication and redress of any complaint or dissatisfaction in respect of disclosure and availability of compensation or assistance or with the basis in survey, measurement and negotiated agreement on which compensation has been based.

82. The over‐riding principle of the LARAP is that where a person or group is affected by land acquisition, damage to income generating assets/activities or resettlement as a result of the project, fair compensation will be provided in order that assets are replaced and livelihoods are the same or better than before the project. The entitlement matrix, resettlement policies and procedures set out in this LARAP reflect this principle.

Eligibility Criteria

83. The LARAP covers all areas and people directly affected by the Project including:

i. Any person, legal entity, or organisation who/which will be directly or indirectly affected by a project due to requisition of lands or real estate, changes in land category, and/or impacts on ecological and environmental systems in their areas; and

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ii. Any person or entity or organization affected by a project, who in the context of acquisition of assets or change in land use before the project commencement date, would have their: (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house, land (including residential, commercial, agricultural, plantations, forest and grazing land) water resources or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily adversely affected; (iii) business, occupation, place of work or residence areas adversely affected with or without displacement; and/or (iv) community resources adversely affected.

iii. People later accepted for inclusion by the Grievance Procedure.

84. People found to be residing in, doing business or cultivating land within the project area after the cut‐off date (note: excluding other relatives previously residing outside the area) are not eligible for compensation.

Impacts of the TL

85. The discussion of impacts in this section is based largely on the IEE prepared by PECC4 for EVN. Field visits were also undertaken by the TA consultant to confirm the impacts identified by PECC4 and to identify and fill any gaps in the PECC4 report. Identification of impacts has been based on a ROW width of 30.6 m – which is significantly smaller than the internationally recognized safe ROW width for a 500 kV TL (60 – 70 m). The PECC4 IEE can provisionally be retained as the basis of estimated impacts and of compensation and budgeting for the LARAP. However, this work will be subject to amendment when the location of the sub‐station and the TL alignment are precisely known and a Detailed Measurement Survey conducted by or on behalf of EVN.

86. Throughout the design phase, potential impacts on households and villages have been considered, and the design and alignment optimised to avoid or minimise impact (e.g. adoption of structure designs with the least land acquisition requirement and planning the TL route to run along land borders and avoid residential land where possible).

87. The TL travels through two provinces, three districts and one town and affects land in 11 communes (Table 7). 75% of the line (approximately 70 km) is in the Kon Tum Province and 25% (approximately 24 km) is in the Gia Lai Province. The TL ROW will affect 213.6 ha of land in Kon Tum Province and 72.5 ha of land in Gia Lai.

Table 7 Summary of length of TL and area of ROW within each affected commune.

Province District Commune Length (m) Area (m2)* Area (ha)* Kon Tum 69,814 2,136,308 213.63 Ngọc Hồi Dỉstict 31,012 948,967 94.90 Đắk Sú commune 16,962 519,037 51.90 Đắk Kan commune 14,050 429,930 42.99 Sa Thầy district 33,633 1,029,170 102.92 Rờ Kơi commune 5,933 181,550 18.15 Sa Nhơn commune 15,800 483,480 48.35

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Province District Commune Length (m) Area (m2)* Area (ha)* Sa Nghĩa commune 6,522 199,573 19.96 Sa Bình commune 5,378 164,567 16.46 Kon Tum city 5,169 158,171 15.82 Ia Chim commune 5,169 158,171 15.82 Gia Lai 23,686 724,792 72.48 Chư Pah district 23,686 724,792 72.48 Ia Mơ Nông commune 3931 120,289 12.03 Ia Phí commune 9700 296,820 29.68 Ia Kar commune 4700 143,820 14.38 Nghĩa Hoà commune 5355 163,863 16.39 TOTAL 93,500 2,861,100 286.11 *Area is based on a ROW of 30.6 m.

88. The adverse impacts from the TL include:

i. Relocation of 30 houses and 12 ancillary buildings within the ROW (Table 5);

ii. Temporary loss of crop lands, crops and incomes during construction (Table 7);

iii. Permanent loss of crop lands, crops and incomes for the tower footprint (100 m2 per tower) and access tracks;

iv. Permanent loss of rubber trees within the ROW and tower footprints;

v. Permanent loss of timber trees and other trees (as these will need to be trimmed within the ROW) with associated impact on forest resource use in the TL corridor, including 58 ha of forest; and

vi. Other social and cultural impacts of the construction, maintenance and presence, including potential health impacts and land use restrictions associated with the electro‐ magnetic field, construction disturbance (noise, air quality), visual amenity impact and disruption to the social and cultural life of the affected ethnic groups.

89. The TL will displace thirty (30) households and affect auxiliary structures of a further 18 households (with a total area of 2,241 m2) are located within the ROW, and will have to be relocated (refer to Table 2 in Chapter 4). Of the 30 households with houses affected, 11 also have auxiliary structures affected (this is in addition to the 18 households with only auxiliary structures affected). Displaced households and households with affected structures are scattered along the length of the TL (located in nine communes in two provinces and three different districts). IOL surveying indicates that displaced households can be relocated within the existing village settlement area – no separate resettlement sites are required. The number of households affected in each commune ranges from 14 households in the Dak Xu commune to 1 household in Dak Kan commune (refer to Table 2).

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90. A majority of the affected houses within the ROW are considered class 4 structures: brick masonry walls, tile roof or corrugated iron roof, cement mortar floor. Some of the houses are temporary structures (i.e. cottage roof, wooden walls, soil floor). The average area of each house is 40 ‐ 45 m2 per house, the price for new construction of each house is calculated to be approximately 5,000 USD2. Some houses also have small breeding facilities.

91. Within the ROW, a total area of 286.11 ha will be affected (Table 8), of which:

i. 43% (121.75 ha) is crop land is 121.75 hectares, about 42.56%;

ii. 33% (93.3 ha) is plantation (perennial industrial tree);

iii. 20% (57.54 ha) is forested land (secondary forest, protective forest and productive forest);

iv. 4% (10.2 ha) is river, lake and the vacant land; and

v. 1% (2.94 ha) is residential land.

Table 8 Land use within the ROW.

Land use Area (m2) % of Total Land in ROW Paddy field 209,273 7.31 Annual crops 1,008,270 35.24 Fruit tree 3,825 0.13 Industrial tree 932,841 32.6 Productive natural forest 407,623 14.25 Productive artificial forest 167,841 5.87 River, canal 102,051 3.57 Residential area 29,376 1.03 Total 2,861,100 100.00

92. A total of 89 ha of land within the ROW will be permanently affected (i.e. by tower footprints and / or because that land use will not be permitted under the TL – e.g. residential and industrial tree plantation) (Table 8). This land will require compensation. Approximately 6.2 ha of rice paddy land will be permanently affected, while a further 38 ha of rice paddy are expected to be temporarily affected during construction of the TL. Approximately 30 ha of field crops and 30 ha of perennial tree plantation (primarily rubber) will also be permanently affected. A further 188 ha of field crops will be temporarily affected during construction (Table 9).

2 This estimate is for the structure only. It does not include the value of land and cultivated plants.

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93. Inventory of Loss (IOL) surveying indicated that there are almost 42,000 rubber trees within the ROW. These trees will be removed, and will have to be compensated. Over 90% of the affected rubber plantations are owned by companies – with over 80% owned by Rubber Company 372. The remaining just less than 10% is owned by individual and groups of households (Table 9 and refer back to Table 5 in Chapter 4).

Table 9 Summary of impacts of the TL in each District.

District / Town Kon Tum Chu Item Unit Ngoc Hoi Sa Thay Town Pah Total Land Affected m2 34,003 33,990 5,224 15,767 88,984 Residential land m2 378 459 0 94 931 Paddy land m2 1,786 2,191 405 1,785 6,167 Field crops land m2 5,857 17,232 1,234 6,335 30,659 Perennial tree land m2 12,373 9,626 3,210 5,071 30,280 Productive artificial forest land m2 13608 4,483 375 2481 20947 Crops m2 51,522 130,928 12,284 68,310 263,045 Temporary Loss 43,879 111,505 10,645 60,190 226,219 Rice m2 10,252 12,578 2,327 13,233 38,390 Field Crops m2 33,627 98,927 8,318 46,957 187,829 Permanent Loss 7,643 19,423 1,639 8,120 36,826 Rice m2 1,786 2,191 405 1,785 6,167 Field crops m2 5,857 17,232 1,234 6,335 30,659 Trees tree 37,044 20,841 5,581 21,096 84,562 Cashew tree 0 230 0 2,214 2,444 Fruit tree tree 0 574 0 0 574 Eucalyptus tree 3,048 288 0 1,392 4,728 Pine tree 14,625 3,249 0 0 17,874 Rubber tree 16,981 14,972 5,110 4,743 41,806 Coffee tree 2,390 1,528 471 12,747 17,136 Structures m2 554 920 0 767 2,241 Brick walls, tile/corrugated iron roof m2 228 761 0 512 1,501 Partition wall, tile/corrugated iron roof m2 174 54 0 0 228 cottage roof m2 83 24 0 0 107 Auxiliary buildings (breeding facilities, kitchen) m2 69 81 0 255 405

94. Nine (9) hamlets are located within 120 m of the TL, and, therefore, may be affected by electro‐ magnetic radiation (Table 10). There are two hamlets that will be particularly vulnerable to the

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impacts of electro‐magnetic radiation (Plei Duân in La Chim commune and Plei Grút in La Phi commune). These 2 settlements are located between the existing Pleiku ‐ Da Nang 500 kV TL and the new proposed Pleiku ‐ Ban Sok (Ban Hatxan) TL. Plei Duân village is located along the TL at the 22nd turning angle (G22). The 20 households in this village are particularly vulnerable, as the edge of this village is only 100 m from the new proposed TL and approximately 71 m from the existing line. The potential need to relocate this village will depend on the expected cumulative impact of electro‐magnetic radiation from the two TLs. EVN, in consultation with the EMU and local residents, will need to assess whether it is necessary to relocate this village.

Table 10 List of villages within 120 m of the TL (EMR potential Impact Zone).

Village Name Distance from TL ROW Phie Phap Hamlet – Dak Su Commune 100 m Workers house rubber 372 Company – Dak Su Commune 120 m Anh Dung Hamlet – Sa Nghia Commune 110 m Nghia Long Hamlet – Sa Nghia Commune 50 m Ka Bay Hamlet – Sa Binh Commune 50 m Wer (Plei Duan) Hamlet – La Chim Commune 71 m Plei Grut Hamlet – La Phi Commune 91 m Hamlet 1 – Nghia Hoa Commune 50 m Hamlet 3 – Sa Nghia Hoa Commune 41 m

Entitlements

95. The resettlement principles and assistance have been designed to cover compensation for lost assets and restore or enhance the livelihoods of all categories of affected people. Table 10 (Entitlement Matrix) provides a summary of the application of the principles, definition of entitled persons, entitlements and indicates results of actions.

96. Affected households will be compensated prior to onset of construction. They will be given 3 months from this time to salvage any trees or crops from the acquired land. After the expiry of the deadline, Project Owner / EVN or its contractor can take action to clear the acquired land in preparation for construction. Project Owner / EVN or its contractor may clear any structures, crops or trees planted on the acquired land after the cut off date. Any grievances and objections will be referred to the Grievance Redress Committee. If, following the contractor’s detailed design, categories of loss are identified which are not covered by the Entitlement Matrix, policies and entitlements in this RAP should be updated with reference to the Project Resettlement Framework.

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Table 11 Entitlement Matrix.

TYPE OF LOSS APPLICATION DEFINITION OF ENTITLED PERSON COMPENSATION POLICY (a) Arable land Permanent Loss Less than 20% of total landholding to a) Legal user of affected land with Cash compensation for crops and trees at be acquired (marginal impact on permanent land rights, and AP’s who market price, AND household income and living meet the criteria for permanent land Cash compensation for acquired land at 100% standards). use rights and will therefore be issued of replacement cost. with permanent LURC in due time. b) Legal user of affected land with Cash compensation for crops and trees at temporary land rights (unlegalizable). market price; AND (a) cash compensation for affected land corresponding to 100% of the replacement cost of affected land; OR (b) cash assistance for lost income from the affected land for the remaining period of the temporary land use right. c) Legal user of affected land with lease Cash compensation for crops and trees at land rights (unlegalizable). market price; AND Cash assistance for loss income for the remaining lease period. More than 20% of total land holding a) Legal user of affected land with Cash compensation for crops and trees at and remaining land is rendered permanent land rights, and AP’s who market price; unviable for continued use (severe meet the criteria for permanent land (a) full title to land of equal productivity at impact on household income and use rights and will therefore be issued location acceptable to AP’s, wherever living standards). with permanent LURC in due time. available; OR (b) cash compensation for lost land at 100% replacement cost at the informed request of AP’s; Transport allowance to shift to relocation site; Subsistence allowance for six months;

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TYPE OF LOSS APPLICATION DEFINITION OF ENTITLED PERSON COMPENSATION POLICY Rehabilitation package (training for one family member in current or new occupation and training allowance / agricultural extension services, and farm inputs to increase productivity on remaining land, or any other type of suitable assistance) b) Legal user of affected land with AP’s will be entitled to: temporary land rights (unlegalizable). Cash compensation for crops and trees at market price; Cash equivalent to 100% of the replacement cost of the affected land; Transport allowance; Subsistence Allowance for 6 months, A rehabilitation package (training for one family member in current or new occupation and training allowance / agricultural extension services, and farm inputs to increase productivity on the farm land, or any other suitable assistance); OR Cash assistance to provide for lost income from the land for the remaining period of temporary land use right. c) Legal user of affected land with lease APs will be entitled to: land rights (unlegalizable). Cash compensation for loss of crops and trees at market prices; Land for land compensation of equivalent productive capacity at location acceptable to the APs and on a similar lease basis if available; OR Cash equivalent to provide for lost income from affected land for the remaining lease period; Transport allowance;

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TYPE OF LOSS APPLICATION DEFINITION OF ENTITLED PERSON COMPENSATION POLICY Subsistence allowance for each family member for 6 months; d) Legal user of affected land with rights Rehabilitation package (training for one family of rotational use (swidden) member in current or new occupation and training allowance OR agricultural extension services, and farm inputs to increase productivity on the farm land OR any other suitable assistance). as for b) Temporary loss Loss of use of the land for a period a)Legal user of affected agricultural land Cash compensation for loss of crops at market up to a maximum of 1 year. prices b) Legal user of affected land with rights Cash compensation for loss of crops at market of rotational use (swidden) prices (b) Residential and/or Loss of residential or commercial Legal land user with permanent rights APs will be entitled to cash compensation at commercial land (without land due to the project works or temporary rights (but legalizable). 100% of replacement cost of the affected land. structures built thereon) Legal land user with temporary right APs will be entitled to cash assistance (unlegalizable). equivalent to 30% of replacement cost of the affected land. (c) Residential and/or Loss of residential or commercial a) Legal user of affected land with Cash compensation for land lost at 100% of commercial land (with land. permanent use rights or temporary use replacement cost; structures built thereon) With remaining legal residential rights that will be legalized in due time. Subsistence allowance for 3 months; and/or commercial land sufficient to 2 Repair cost to re‐build the house front if reorganize (at least equal to 100 m structures partially affected; in rural area) APs who are allowed to reorganize will be issued a permanent LURC in case not yet obtained.

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TYPE OF LOSS APPLICATION DEFINITION OF ENTITLED PERSON COMPENSATION POLICY In exceptional cases, permission may be given to APs to reorganize on their remaining legal land in area less than the standard. APs will be entitled to a special allowance equivalent in value to the difference in land area between the standard plot size and the remaining area on which AP is reorganizing, at the rate of replacement. APs are also entitled to repair costs for partially demolished structures. (d) Loss of residential or APs has remaining permanently legal a) Legal APs of the affected land with Group Relocation: commercial land (with or legalizable residential and/or permanent use rights. 2 Land for land compensation of full title to a structure) commercial land less than 100m standard size plot, on a project sponsored relocation site, (for residential or residential and commercial 100 m2; and for commercial only 14 m2) of land of the same quality (or better) as the affected land and for their remaining legal land (not less than the minimum standard plot size). APs losing an area greater than the plot in RS will receive compensation in cash for the difference; Sites will be serviced with electricity, water, drainage, access and internal road, and will provide the same access to services (health, education, market) as at the former location, either on site or in the vicinity; OR Self Relocation: At the informed request of the APs they may make their own arrangements for relocation and will be entitled to: Cash in lieu of land at 100 % replacement cost ; Transport allowance; Subsistence allowance for a period of 6 months;

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TYPE OF LOSS APPLICATION DEFINITION OF ENTITLED PERSON COMPENSATION POLICY APs who have their business affected will be entitled to a special income rehabilitation allowance (USD 100 per household) to provide for loss of income during the transition period. Assistance from local authorities to locate possible plots and to purchase land for resettlement. Re‐organization: Only in exceptional cases permission may be given to APs to organize on their remaining legal land in less than standard area. APs will be entitled to a special allowance equivalent in value to the difference in land area between the standard plot size on a RS and the remaining area on which AP is reorganizing, at the rate of RS land. Reorganizing APs will get subsistence allowance for three months. Residential or less than 100m2 b) Legal APs of the affected land with AP’s will be entitled to: commercial land (same as above) temporary use rights (but Group Relocation: same as for entitled persons (continued) unlegalizable). category a) ; OR Self Relocation: At the informed request of APs they may make their own arrangements for relocation and will be entitled to: ‐ Cash equivalent to 100% of the replacement cost of their lost land; ‐ Cash compensation to 100% of replacement cost of structures; ‐ Subsistence allowance for 6 months; ‐ Transport allowance;

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TYPE OF LOSS APPLICATION DEFINITION OF ENTITLED PERSON COMPENSATION POLICY ‐ APs who had business at their affected location and who must relocate are entitled to a special income rehabilitation allowance of USD 100 to provide for loss of income during the transition period; ‐ Assistance from local authorities to locate possible plots and to purchase land for resettlement. Residential or Less than 100m2 c) Illegal APs with no rights to use the APs who have no rights to use the land commercial land (same as above) affected land and not legalizable. acquired and no legal or legalizable land (continued) remaining will be entitled to one of the following options: Group relocation: same as for entitled persons category a); OR Self‐Relocation: At the informed request of APs they may make their own arrangements for relocation and will be entitled to: ‐ Cash assistance equivalent to the actual cost of a plot in resettlement site; ‐ Cash compensation at replacement cost for their structures; ‐ Transport allowance to relocation site; ‐ Subsistence allowance; ‐ APs who are entitled to relocation and who have business affected will be entitled to a special income rehabilitation allowance of USD100 to provide for loss of income during the transition period; ‐ Assistance from local authorities to locate possible plots and to purchase land for resettlement.

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TYPE OF LOSS APPLICATION DEFINITION OF ENTITLED PERSON COMPENSATION POLICY (e) Structures Structures affected by the project a) Legal owner of the affected structure. ‐APs with legal right to build the affected structure will be entitled to compensation at 100% of replacement cost of the affected structure, including material, cash or a combination of the two. No deduction will be made for depreciation or for salvageable materials. ‐ Partially affected structures will be compensated for the affected part at replacement cost and additional cash assistance (Repair allowance) will be made to cover the cost of repairing the structure. a) Tenants of leased affected structure ‐ Tenants of structures will be entitled to 3 months rent allowance and assistance in finding alternate rental accommodation (f) Independent shop Shops located in the project area a) Legal owner of the shop with APs will be entitled to one of the following owners (with residences at a different permanent rights to use the affected options: location). land. Group Relocation: ‐ Land for land compensation of full title to a plot of land on a group resettlement site of the same area and quality as the area lost (minimum 14 m2) on the site suitable for restoring business or at a market place; ‐ Cash compensation for affected structure at replacement cost; ‐ Transport allowance; ‐ Subsistence allowance for 6 months; ‐ Special income rehabilitation allowance of US$ 100 to provide for lost income during the transition period; ‐ Suitable rehabilitation assistance; OR

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TYPE OF LOSS APPLICATION DEFINITION OF ENTITLED PERSON COMPENSATION POLICY Self relocation: At the informed request of APs they may make their own arrangements for relocation and will be entitled to: ‐ Cash compensation at replacement cost for their land lost: ‐ Cash compensation for their structures; ‐ Transport allowance; ‐ Subsistence allowance; ‐ Suitable rehabilitation assistance; ‐ Special income rehabilitation allowance of US$ 100 to provide for lost income during the transition period. ‐ Assistance from local authorities in identifying individual resettlement sites Independent shop b) Illegal owner of the shop with no APs will be entitled to one of the following owners (continued) land use rights options: Group relocation: ‐ Assistance to relocate to suitable site or at market place; ‐ Cash compensation for affected structure; ‐ Transport assistance; ‐ Special income rehabilitation allowance USD 50 to provide for lost income during the transition period; ‐ Subsistence allowance; ‐ Suitable rehabilitation assistance. OR Self relocation: At the informed request of AP’s they may make their own arrangements for relocation and will be entitled to: ‐ Cash assistance at 100% of replacement cost for their structures;

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TYPE OF LOSS APPLICATION DEFINITION OF ENTITLED PERSON COMPENSATION POLICY ‐ Transport allowance; ‐ Subsistence allowance; ‐ Special income rehabilitation allowance USD 50 to provide for lost income during the transition period; ‐ Suitable rehabilitation assistance; ‐ Assistance from local authorities in identifying individual resettlement sites. Graves Graves located in the area acquired. Household who owns the graves APs are entitled to cash compensation for all costs of excavation, movement and reburial including payment for consecration. Private wells Wells located in area acquired. Household who owns the well. Cash compensation at replacement cost or a replacement well if requested by the AP. Crops Affected Crops Owner of affected crops Compensation in cash at current market prices (farm gate price of the harvested crops plus cost of production) Perennial Trees Affected Trees Owner of trees APs will be entitled to: A lump sum amount for young non‐fruit bearing trees to cover for the cost of maintenance and inputs; For fruit bearing trees compensation at 3 years production value at current market prices. For timber trees: compensation at the current market value of the trees, or the cost of replacement and cultivation of young trees plus the calculated current market value of the trees.

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Compensation, Relocation and Income Restoration

97. Based on the laws, regulations, and compensation principles outlined above, and on successful implementation experience of previous projects, a set of compensation standards and valuation methods have been developed for the proposed Project as follows:

i. Permanent Land Acquisition – For permanent land acquisition, different compensation will be paid based on different types of land areas. It is agreed that for productive farmland, mainly paddy land, the basic compensation the area of acquired land. Refer to Formula 1 in Chapter 7 for detailed formulae of estimating the unit compensation rate for permanent compensation cost.

Given the different yield of paddy and market price in different towns and provinces, the actual compensation rate will vary from province to province. For example, in some paddy fields near the town, with good irrigation, crops could be harvested twice a year. As a result, the annual yield and output value of such paddy land will be much more than those areas with only one time harvest each year.

For acquired scrub land and garden land, the compensation rate will be set at one third of compensation rate for paddy land.

ii. Temporary Land Occupation – In addition to the income losses from permanent land acquisition, there will be income losses from temporary land occupation or disturbances during project construction. For such losses, compensation of lost crops at replacement value and cost of restoring land into original conditions will be paid by the project owner.

Depending on length of such occupation, most of impacts will be limited pto one cro loss, but for some cases, such occupation might take up more than one year with multiple crop losses. The compensation will be based on average yield and market price of lost crops. Efforts will be made by the project owner to minimize the impacts of temporary land occupation by timing the construction after planting season. Project Owner will also minimise temporary impacts by using (and / or improving) existing track, rather than constructing a new one. Requirements to minimise temporary impacts will be included in construction contracts. Refer to Chapter 7 for unit cost details.

iii. Structures and eAssets – Th basic compensation principle will be to provide compensation at replacement value, which will include (i) cash for lost structures sufficient to replace materials and labor to build replacement structures to an equivalent size and standard; (ii) housing plot to build the replacement structure; and (iii) allowance for the expense of relocation and lost of income during transfer.

iv. Economic Trees and Cash Crops – Trees and cash crops will be compensated based on cost of removing and replacement and maintenance (refer to Formula 2 provided in Chapter 7).

v. Other Compensation and Assistance – No loss of infrastructure facilities, community services and other community assets, such as roads, bridges, schools, electricity, water has been identified. In the event that any such loss is found during the DMS, Project Owner / EDV will

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provide in‐kind compensation or by rebuilding these facilities to their original status. Such replacement will be completed prior to the construction of transmission projects, so that the daily life of concerned communities will not be affected.

In case of the transmission line passing the cultural area of the villages like “spirit forest” area and cemetery area, Project Owner / EDV will consult with villages to arrange a traditional moving ceremony according to village practice, and Project Owner / EDV will be responsible for any cost related to the relocation. Any cemetery on the ROW alignment, especially any human death kiln will need to be moved.

98. A report on the Detailed Measurement Survey (DMS) will be prepared providing detail on the assets affected (type and age of land, trees, and structures) and the proposed market price for all assets. The report will be submitted to the Provincial Peoples Committee (PPC) and Provincial Financial Department for approval. The report will also be provided to the Independent Monitoring Agency (IMA).

Compensation for Land Losses

99. Land losses in the TL ROW will be compensated in cash. This is because there is little available land in the vicinity of the TL, and it is probable that the Provincial Government would not be able to identify or procure replacement land within farming reach of the concerned families. It is more likely that the affected households will be able to adjust their land use, purchasing or clearing with community approval, in a more or less traditional pattern. Agricultural extension and land officers should be assisted to undertake support and monitoring to ensure that viable farming systems are maintained as a result of this measure.

100. Loss level of land impacted in the ROW will be measured during the DMS to determine their level of land‐holding, other livelihood sources and income levels, to determine the severity of impacts.

101. A land market price survey will be conducted by the Provincial Resettlement Committee at the time of the DMS with assistance from the Consultant and EDV Environmental Management Unit, to determine the market prices of land area by area.

Compensation for Rubber Trees

102. The number and age of rubber trees has been identified during the IOL survey. Rubber trees will be compensated in cash at market price. Compensation will be based on the number of trees and their age (as per the formula provided in Chapter 7). The market price will be determined by the Provincial Resettlement Committee at the time of the DMS, and will be submitted to the Provincial Peoples Committee (PPC) for approval.

Compensation for Forest Trees

103. All forest trees under the ROW will have to be cleared. During the DMS, artificial (plantation) forests will be surveyed at the household level to determine the number, type and age of trees to be cut. Given the fairly small amount of forest to be disturbed, compensation will be in cash at market prices. Market price will be determined during the DMS and submitted to the PPC for approval.

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104. Natural forest will be compensated as in provincial regulation. Lost forest area will be additionally planted at a location which will be identified by the Project Owner / EVN and local authorities. Cost for this reforestation is included in the project construction capital.

Compensation for structures

105. The types and quantity of houses within the ROW have been identified and photographed during the IOL survey (Annex 1). These figures will be confirmed during the DMS. Compensation for structures will be provided in cash. Affected households will also receive relocation assistance. Compensation will be calculated on the basis of house type, size and quality of materials, and on that of the cost of materials and construction as “new build”, without deduction of salvaged materials.

Income Restoration

106. Income restoration will be primarily through the provision of cash compensation for temporary or permanent land losses and loss of trees and crops, permitting the affected households to meet the cost of the loss. Compensation at market prices will permit the replacement of lost livelihoods through the purchase of new land or through increased productivity on remaining land through, for example, purchase of farming inputs.

107. Additional income restoration measures have been prepared to assist vulnerable groups, primarily indigenous peoples with incomes below the poverty line who are already suffering land shortages and food deficiencies, and women. These measures will be provided in the detailed IPGDP, to be prepared following the DMS based on the ADB CRLIP measures and structures.

Other Measures

108. During the DMS, the EMU of EVN, or a contracting agency such as PECC4, will assess the impact of the physical and visual presence of the TL and the impact of the electro‐magnetic field on affected settlements and settlements in the vicinity of the line (within 1 km) but not directly affected by land or asset loss. Further measures may be required if vulnerable households are identified.

109. Throughout the DMS, construction and operation of the line, EMU/EVN will regularly assess the effect of the TL on the people living in close proximity to the line. Additional measures, including information programmes and consultation, may be required to allay fears of adverse long‐term effects or any immediate unacceptable impact.

110. To minimise any safety impacts from UXO, construction area clearing will take place prior to any other activity and workers will be allowed to start work only after clearance is given by the UXO team.

Assistance for Vulnerable Groups

Indigenous Peoples and Gender Development Planning

111. Based on the common nature of issues facing all vulnerable groups, including indigenous peoples and women, as well as the central role of women among the indigenous groups in the

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affected area, it is recommended that the IPDP and the GDP be combined into an integrated IPGDP. It is believed that an integrated program will be more effective in addressing vulnerability, and will also result in more efficient use and distribution of resources.

112. Access to local populations and specifically to indigenous peoples and to women, during the study phase has not been sufficient to support the preparation of a separate Indigenous Peoples Development Plan or Gender Development Plan. Instead, it is recommended that the measures and structures (such as Project Management Units – PMUs – and Community Facilitators) developed by a recent ADB Project, the Central Region Livelihoods Improvement Project (CRLIP) be used to support IPGDP implementation for the TL. The measures and structures developed by CRLIP have been designed based on extensive research and consultation with local residents – including people affected by the TL. This approach (of using CRLIP measures and structures) has been discussed and agreed with the project Vietnamese consultants and concerned agencies in the affected areas.

113. It is recommended that a detailed IPGDP be prepared following surveying and consultation undertaken during the DMS. As above, the IPGDP would look to resume and strengthen community development, literacy and language training, health and livelihoods development measures initially implemented under the CRLIP. In the LARAP budget (Table 15), a lump‐sum of $100,000 has been allocated for the implementation of the IPGDP.

114. Assistance specifically for women and women headed households will be incorporated into the IPGDP, and will include provision of medical supplies and supplementary staffing for dispensaries; training of traditional midwives; mosquito nets and preventive spraying; mother‐child health classes and support for nutritional development and child care; handicrafts production and marketing; literacy/Vietnamese language training; and extension, training and micro‐credit for agricultural and small enterprise development.

HIV / AIDS Awareness and Prevention Measures

115. Separate provision is made for financial support for a Province‐wide HIV/AIDS Awareness and Prevention Programme, which will be provided through support to the existing Provincial programme of the Provincial Health Department.

116. Subject to further study, it has been provisionally (verbally) agreed with the national Ministry of Health that there should be one programme which the project would support, which would be Province‐wide, integrated with other action being taken and would be subject to the agreement of the Central and Provincial Health Authorities, an HIV/AIDS Awareness and Prevention Programme will include all of the elements which are currently promoted in the programmes of the two Provinces:

i. Peer education groups among high risk groups, including hydropower workers, and service women (the term employed in Vietnam for women working in restaurants, bars, karaoke and massage parlours) and among ethnic peoples’ men’s and women’s groups;

ii. 100% condom use in these enterprises and related free or low‐cost availability to groups at risk;

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iii. Information and publicity programmes in Vietnamese and in local languages through radio, TV and press Teaching about HIV/AIDS and STD prevention in MCH groups and handicraft groups; and

iv. Voluntary and free counselling and testing.

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7. Implementation Arrangements

Institutional Structures

117. National Power Transmission Corp. (directly under EVN) is the Project Owner and authorizes Central Vietnam Power Projects Management Board (CPPMB) to plan and implement the whole project, including LARAP implementation. CPPMB will be assisted by and cooperate closely with the PPC of Gia Lai, Kon Tum, and other concerned authorities.

118. Power Engineering Consulting J.S Company 4 (PECC4) is assigned to implement investigation, survey, inventory, data collection, resettlement plan preparation and coordinate with CPPMB to arrange public consultation.

119. The Provincial Peoples Committee (PPC) of Gia Lai and Kon Tum will be responsible for:

i. Providing guidance to the relevant agencies to coordinate with District Peoples Committees (DPCs) and the Project Owner in LARAP implementation;

ii. Approving compensation and assistance unit prices, and establishing Evaluation and Compensation Committee at all levels;

iii. Approving all land acquisitions and transfers in the area of province; and

iv. Recording and resolving complaints and grievances.

120. Department of Finance (DOF) will be responsible for coordinating with PECC4 (and other project consultants) for the study and establishment of compensation unit prices. DOF will facilitate submission of the recommended unit prices to the PPC. DOF will also coordinate closely with the Department of Natural Resources and Environment (DONRE), Department of Planning and Investment (DPI), the Tax Bureau (TB) and the PPC as required during the implementation of the LARAP to adjust compensation units (if necessary) to ensure that the compensation is a fair market price (equal to replacement price) at the time of payment.

121. CPPMB will pay for the expenses of the Compensation, Allowances and Resettlement Committee (CARC). CPPMB will also be responsible for providing CARC with information and supporting coordination with GOV, provincial and district agencies. The PPC and the CPPMB will supervise LARAP implementation activities, including CARC’s decisions, to ensure that the LARAP’s terms and provisions are respected both in principle and in practice. CPPMB will organize or hire consultants to carry out survey, inventory and information disclosure; implement internal supervision and maintains frequently contact with independent monitoring consultancies. CPPMB will maintain direct contact with affected households and communities’ representatives. CPPMB will work with CPCs, DPCs and PPCs to resolve complaints and grievances that may occur.

122. District CARCs will consist of relevant Government staff and staff experienced in compensation and site clearance (Table 11). CARCs will be responsible for:

i. Arranging staffs to carry out survey, measurement and inventory in details for the project affected houses and assets for every project affected households (PAH);

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ii. Checking compensation unit price applied in LARAP, proposing unit price adjustment in accordance with market price/replacement price (if necessary);

iii. Cooperating with CPPMB to hold meetings with affected people, the local authorities, disseminates forms to affected people (PAPs);

iv. Based on the approved reports and policies on LARAP to prepare implementation plan in details (quarter, semi‐annual, and annual plans) and coordinate with CPPMB to pay compensation on time;

v. Collecting PAP’s grievances and complaints, resolving any difficulties during project implementation process.

Table 12 District CARC’s institutional arrangement at district level in project area.

No. Institutional arrangement Number of Position in CARC Working time people 1 Chairman or deputy chairman of DPC 1 Chairman Part time

2 District compensation and site clearance 1 Vice chairman Part time Board 3 Chief of district Finance‐Planning 1 Member Part time Department 4 Chief of district Natural Resources and 1 Member Part time Environment Department 5 Chief of district Infrastructure and Economy 1 Member Part time Department 6 Commune People’s Committee 1 Member Part time

7 CPPMB 2 Member Part time

8 Representative of PAPs 1 Member Part time

Total 9 Part time Note: The number of staff for each organization only includes the number of people responsible for compensation and site clearance implementation under this project. The project runs across 11 districts corresponding to 11 CARCs with total number of 99 staff working simultaneously.

123. Commune Peoples Committees (CPCs) are responsible for:

i. Providing information, contributing to survey and inventory works.

ii. Cooperating with district CARC to hold public consultation meetings, disclose information, pay cash compensation, and allowance to PAPs;

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iii. Transfering all feedbacks by PAPs to district CARC and solving complaints at commune level and proposing solutions for the existing problems (if any)

124. PAPs are responsible for considering and certifying the accuracy of their damaged assets and entitlement. PAPs are also responsible for not rising assets on land after cut‐off date. PAPs must hand over land immediately after receiving cash compensation and allowance.

125. Independent monitoring agency (IMA) will be responsible for monitoring LARAP implementation, compensation unit price applied in LARAP, providing reports on implementation progress, and assessing the quality of the executed works to CPPMB.

Calculation of Compensation

126. The methods used to estimate indicative compensation costs for this project have been broadly applied in similar previous power projects and have been satisfactory for both sides (project owner and affected villagers). However, the final methodology for compensation estimate will need to be agreed upon and finalized by CARCs in consultation with the DPCs, concerned local authorities and villagers as well as the Project Owner and it will be set‐up in a final compensation agreement (to be approved by the PPCs), well before the construction is taking place. The actual final cost for compensation varies from place to place and from district to district.

Compensation for land losses

127. The formula for calculating compensation of land is provided below (Formula 1). Suggested unit prices are provided in Table 12.

Formula 1:

Compensation Cost = [Area of lost Land (ha or m2)] x [land unit price per one ha (or per one m2)]

Compensation for structures

128. Compensation per house has provisionally been estimated during the IEE and in discussions of PECC4 with EDV EMU as $5,000 per house, plus the cost of land and land preparation and utilities/infrastructure, giving a total provisional sum per house of $7.000. These figures are consistent with compensation paid in recent similar projects.

Compensation for Economic Trees and Cash Crops

129. The formula for compensation of economic trees and cash crops is provided in Formula 2.

Formula 2:

Cost = [Land Clearing Cost + Cost of Seedling] + [(Maintenance Cost) x (Year of Maturity)].

Compensation and Allowances Budget

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130. The cost of potential land acquisition and resettlement will be included in the total project cost for the transmission project. Project Owner / EVN will be sure sufficient funding is available to cover all resettlement related cost for the Project.

131. During project implementation, detailed cost estimate of the compensation and resettlement will be developed after detailed survey. The total resettlement budget submitted by CARC will be reviewed and approved by Project Owner / EVN Headquarters and then sent to the PPC for final approval. After receiving the letter of approval from the PPC, the Project Owner will make funds available to CARC for implementing land acquisition and resettlement.

132. If it is impossible for some technical reasons, the consultation for relocation with village will need to be considered, taking into consideration all traditions and custom of the village. The estimated amount for compensation of land or for traditional protocol is presented in Table 12.

133. Proposed compensation unit rates are provided for each district in Table 12. These rates are based on the following regulations and decisions:

i. Decision No. 56/2009/QĐ‐UBND, dated on September 24, 2009 on promulgating regulation on compensation, allowances and resettlement when the State acquires land in Gia Lai Province;

ii. Decision No. 19/2010/QĐ‐UBND, by Gia Lai PPC dated 28/9/2010 on promulgating allowances level for house, structure for household/individual life and for land, trees under ROW of voltage T/L due to use limitation in Gia Lai Province;

iii. Decision No. 818/QĐ‐UBND, by Gia Lai PPC dated 30/11/2010 on promulgating compensation unit price for tree, crops in Gia Lai Province.

iv. Decision No. 37/2010/QĐ‐UBND by Gia Lai PPC dated 20/12/2010 on promulgating unit price of land types in Gia Lai Province in 2011;

v. Decision No. 407/QĐ‐UBND by Gia Lai PPC dated 21/6/2010 on promulgating compensation price table for house, structure and buildings on land;

vi. Decision No. 63/2009/QĐ‐UBND dated 01/12/2009 by Kon Tum PPC on promulgating on stipulating allowance level for acquired agricultural land in residential area, and garden land, lake which are not recognized as residential labd, allowance for occupation change and creating job stipulated in Article 21 and 22 of Decree No. 69/2009/NĐ‐CP;

vii. Decision No. 44/2010/QĐ‐UBND dated 22/12/2010 by Kon Tum PPC on promulgating unit price of land types in 2011 in Kon Tum province;

viii. Decision No. 16/2008/QĐ‐UBND dated 29/4/2008 by Kon Tum PPC on promulgating compensation price table for house, structure and buildings on land in Kon Tum province;

ix. Decision No. 04/2010/QĐ‐UBND dated 10/02/2010 by Kon Tum PPC on amendment of compensation price table for house, structure and buildings on land at Decision No. 16/2008/QĐ‐UBND dated 29/4/2008 by Kon Tum PPC;

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x. Decision No. 17/2008/QĐ‐UBND dated 07/5/2008 by Kon Tum PPC on promulgating unit price of tree types in Kon Tum province;

xi. Decision No. 51/2009/QĐ‐UBND dated 27/8/2009 by Kon Tum PPC on adjustment and amendment of unit price of tree types in Kon Tum province.

134. The Project Owner will also allocate funds for undertaking the DMS and other field work (such as market price survey) required to finalise the LARAP. These funds, and then a summary of the total budget for the implementation of the LARAP are provided in Tables 13 and 14.

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Table 13 Estimated cost of compensation, allowances, resettlement at the project districts.

Compensation unit price Loss volume Value (1000 VND) (1000 VND)

Item Unit Ngoc sa Kon Ngoc Hoi sa Thay Kon Tum Chu Pah Chu Pah Ngoc Hoi sa Thay Kon Tum Chu Pah Hoi Thay Tum district district city district district district district city district dist dist city

COMPENSATION, ALLOWANCES, 12,024,005 11,323,404 2,798,199 9,062,817 RESETTLEMENT

COMPENSATION FOR LAND 34,002.59 33,990.28 5,223.84 15,767 346,645 251,400 92,562 188,079

Residential land m2 377.97 458.82 0.00 94.15 380 150 150 250.0 143,628 68,823 0 23,539

Paddy land m2 1,785.75 2,191.00 405.25 1,785.37 12 11 26 35.0 21,429 24,101 10,537 62,488

Field crops land m2 5,857.49 17,231.90 1,233.95 6,335.45 6.5 5.5 18.0 7.5 38,074 94,775 22,211 47,516

Perennial tree land m2 12,373.49 9,626.05 3,209.70 5,070.78 5.0 5.5 17.0 8.7 61,867 52,943 54,565 44,116 productive artificial forest land m2 13,607.90 4,482.51 374.94 2,481.25 6.0 2.4 14.0 4.2 81,647 10,758 5,249 10,421

COMPENSATION FOR TREES 5,777,647 5,026,049 1,614,061 3,990,381

Compensation for temporary loss

Rice m2 10,252 12,578 2,327 13,233 1.8 1.8 1.8 1.9267 18,454 22,640 4,189 25,495

Field crops m2 33,627 98,927 8,318 46,957 1.0 1.0 1.0 0.828 33,627 98,927 8,318 38,880

Compensation for permanent loss

Rice m2 1,786 2,191 405 1,785 1.8 1.8 1.8 1.9267 3,214 3,944 729 3,440

Field crops m2 5,857 17,232 1,234 6,335 1.0 1.0 1.0 0.828 5,857 17,232 1,234 5,246

Cashew tree 0 230 0 2,214 250.0 250.0 250.0 110.0 0 57,375 0 243,564

Fruit tree tree 0 574 0 0 110.0 110.0 110.0 0.0 0 63,113 0 0

Eucalyptus tree 3,048 288 0 1,392 11.0 11.0 11.0 6.9 33,528 3,168 0 9,570

Pine tree 14,625 3,249 0 0 11.0 11.0 11.0 0.0 160,875 35,739 0 0

Rubber tree 16,981 14,972 5,110 4,743 290.0 290.0 290.0 368.2 4,924,626 4,341,871 1,481,781 1,746,388

Coffee tree 2,390 1,528 471 12,747 250.0 250.0 250.0 150.5 597,465 382,041 117,810 1,917,798

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Compensation unit price Loss volume Value (1000 VND) (1000 VND)

Item Unit Ngoc sa Kon Ngoc Hoi sa Thay Kon Tum Chu Pah Chu Pah Ngoc Hoi sa Thay Kon Tum Chu Pah Hoi Thay Tum district district city district district district district city district dist dist city

COMPENSATION FOR STRUCTURES 554,215 1,092,857 0 857,066

Brick walls, tile/corrugated iron roof m2 228 761 0 512 1,294 1,294 1,294 1,500 295,291 984,734 0 767,475

Partition wall, tile/corrugated iron roof m2 174 54 0 0 946 946 946 644 164,604 51,084 0 0 cottage roof m2 83 24 0 0 733 733 733 130 60,839 17,592 0 0

Auxiliary works (breeding facilities, m2 69 81 0 255 487 487 487 352 33,481 39,447 0 89,591 kitchens…)

ALLOWANCES 5,345,498 4,953,097 1,091,576 4,027,290

Allowances for land under ROW due to use limitation (According to item 6, article 4,024,671 2,540,949 536,838 1,674,329 1 decree No. 81/2009/NĐ‐CP of GOV)

Relocation allowances (According to No. 69/2009/NĐ‐CP dated on August 13, 2009 70,200 101,400 0 148,800 by GOV)

Resettlement allowances 360,000 520,000 0 640,000

Allowances for life and production 93,777 316,649 48,176 375,629 stability

Allowances for occupation change and 606,851 859,099 436,563 878,532 creating job

Other allowances 190,000 615,000 70,000 310,000

COST FOR CARC ( 2% x Compensation) 240,480 226,468 55,964 181,256

CONTINGENCY COST (10% x (CARC + 1,226,449 1,154,987 285,416 924,407 Compensation))

COST OF INFLATION RESERVE (10% x 1,226,449 1,154,987 285,416 924,407 (CARC + Compensation) per one year)

TOTAL 14,717,383 13,859,846 3,424,995 11,092,888

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Table 14 Budget Estimate for DMS and other fieldwork of CARC and consultants.

Cost Item Cost VN Dong Cost USD* Management Expense : DMS 430,940,000 20,696

Supervision expense : DMS and Compensation 914,000,000 43,895

Technical Assistance (consultancy) 822,600,000 39,506

Total 2,167,540,000 104,096 *1.00 U.S. Dollar = 20,822.50 Vietnam Dongs (August 2011)

Table 15 Summary of total budget for LARAP implementation.

Items Cost VN Dong Cost USD

Expense for LARAP preparation ‐Estimation 2,586,000,000 124,193

Total compensation, allowance costs 43,094,000,000 2,069,588

DMS and fieldwork (Table 14) 2,167,540,000 104,096

IPGDP – renewal of CRLIP in affected communes 2,082,250,000 100,000

Total 49,929,790,000 2,397,877 *1.00 U.S. Dollar = 20,822.50 Vietnam Dongs (August 2011)

Implementation Schedule

135. The following steps will be taken in order to ensure the resettlement policy framework is being complied with.

i. Detailed Measurement Survey. Although the project will generate only minor impacts according to the result of the IOL, further detailed site survey is required before starting project construction and this will help confirm of the existing data. Contractors for the project under the supervision and guidance of the environmental management committee will conduct detailed site survey to identify objects to be compensated and to collect detailed data concerning the loss of assets and compensation cost, in collaboration with local authorities.

ii. Review of Resettlement Action Plan. Based on the data and information collected during the detailed site survey, this RAP will be reviewed. Following the resettlement policy framework above and consultation between PROJECT OWNER/EVN and CARC, a data sheet needs to be prepared and updated which include three basic sections (i) the scope of impacts (name and quantities of affected assets) (ii) detailed compensation rates and rehabilitation measures for affected assets, and (iii) total amount to pay to the affected people.

iii. Consultation with Affected People. The prepared data sheets and resettlement plan or compensation policies will be consulted with local governments, affected villages and

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individuals. The comments and feedback from local governments and affected people will be reviewed by PROJECT OWNER/EVN management and considered in the RAP finalization before implemented of the project.

iv. Signing of Compensation Contract and Payment of Compensation to the Affected People. The final step of resettlement implementation is to sign compensation contract and delivery payment to the affected people, which should be completed prior to project implementation. However, if house relocation and substantial land loss taking place, such payment need to be completed at least few months prior to construction, which will give the affected people reasonable time to complete new houses and move their belongings. During the implementation, PROJECT OWNER/EVN will pay such amount directly to each affected household in the presence of local government representatives.

136. While implementing the Project, EVN will initiate advance actions like the identification of responsible district staff, establishment of CARC. This LARAP will be updated after detailed design is approved to include new loss assessment data and budget and submitted to the PROJECT OWNER for approval prior to this LARAP’s implementation.

137. The project will provide adequate advance notification to the affected people and will pay all due resettlement benefits, including relocation and income restoration/assistance as appropriate, prior to issuing right of way documents for construction work. All activities related to land acquisition and resettlement will be completed prior to construction commencement.

138. For land acquisition, the project office will survey the lands to be acquired as per the contractor’s agreed detailed design and in conjunction with the district authorities in the project area, make an initial assessment of the compensation amount and prepare a requisition to be submitted to the Project Owner / EVN along with a request for land title transfer preparation to Vientiane Capital Land Office. EVN will notify the compensation committee of the total amount assessed, who upon reaching agreement and settling any grievances, will request Project Owner / EVN’s payment of compensation to the entitled APs/PAFs The compensation committee will assist Project Owner / EVN with actions required to facilitate acquiring the identified land/s from the respective landowners and paying the due compensation to the affected landowners and tenants, according to procedures laid down in this LARAP, and defined in the Entitlement Matrix. Once the land has been acquired and the compensation paid to the APs/PAFs, APs/PAFs will hand over possession of the acquired lands to EVN for occupation by contractors. Payment of compensation for other types of losses, for example for documented trees and crops, structures, income loss, income restoration, etc will be paid directly by the EMU through its District offices. This process will be monitored and verified to Project Owner / EVN by an External Monitoring Agency in order to obtain Project Owner / EVN’s “No Objection”, which allows EVN to advise contractors to begin the construction works.

Arrangements for Valuing and Disbursing Compensation

139. As part of the DMS, the Project Owner / EVN with local authorities and consultants (e.g. PECC4) will carry out census and profile of APs based on the final design and, at that time, will quantify all categories of loss. CARC in cooperation with the DPC and PPC will then agree on level of compensation for land, crops and buildings, and oversee the compensation process. The composition of CARC is provided in Table 11.

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140. Project Owner / EVN will estimate total compensation and relocation funds as agreed with APs, update the RAP budget and submit a final compensation budget proposal to request funds to Project Owner / EVN management for approval. Once approval has been gained, the EVN Finance Section releases funds for compensation payments, and Project Owner / EVN disburses the funds to APs, obtaining the necessary receipts. Once compensation has been received, APs will hand over/vacate the land within two months. The title of the land is then transferred to Project Owner / EVN by the Provincial Land Office. Project Owner / EVN will maintain file copies of all AP contracts, compensation receipts and RoW notices, and furnish the same to AP signatories for their housing relocated.35% of the total loss was estimated for house moving.

Reporting and Approval

141. During the feasibility study of the Project, the Initial Environmental Examination (IEE) was conducted. This RAP is prepared as a part of this study. Before starting of construction works, detailed survey/loss data confirmation will be conducted in collaboration with local authorities under the supervision of the Project Environmental Management Committee (EMU), and then consultations will be conducted between the committee and project‐affected people. Project Owner / EVN office will prepare all datasheet and records of consultations with project‐affected people. EMU of Project Owner / EVN will summarize all the information to review this RAP if any major changes from this RAP.

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8. Monitoring and Evaluation

142. Monitoring and evaluation (M&E) is a major part of the resettlement management system. The Resettlement Action Plan will be both internally monitored and externally monitored (by an independent agency such as an NGO or research institution engaged for this purpose). In accordance with the ME guidelines, during the project implementation, both internal and external, resettlement monitoring and evaluation will be carried out in order to ensure that all affected people are compensated adequately, effectively and their income and livelihood are better off and at the minimum restored.

Internal Monitoring

143. The following periodic monitoring of LARAP activities will be carried out by CARC, Provincial People’s Committee and the Project Owner / EVN. During the monitoring, progress of resettlement implementation and compensation for affected people will be monitored and evaluated.

i. Monthly monitoring: Project Owner / EVN will send their staff to the project site once a month to consult with the Commune Peoples Committee (CPC) and village leaders, participate in field work and conduct interview with the project affected villagers.

ii. Three month monitoring: A joint monitoring and evaluation between Project Owner / EVN and CARC will be conducted at the project site once in three months. The purpose of the monitoring is to review the progress of LARAP work, to adjust the LARAP effectiveness and to consult with village representatives and project affected villagers.

iii. Six month monitoring: A joint monitoring and evaluation of Provincial People’s Committee, Project Owner / dEVN an CARC will be conducted once in six months. The purpose of the monitoring is to review the entire recommendations made by the monthly and three month monitoring and evaluate reports, to consult with the CPC and village leaders, to consult with the project affected villagers, to evaluate, review and modify if required the LARAP implementation plan.

External (Independent) Monitoring and Evaluation

144. Base on the MONRE’s guidelines for independent review (or third party review), external monitoring and evaluation will be conducted by an independent third party (the ‘Independent Monitoring Agency). Project Owner / EVN will select an independent institution, which consists of social specialists, with approval of the Project Owner / EVN. The selected institution should have extensive experience in similar activities. The main objective is to provide independent monitoring and evaluation of the resettlement implementation program, to see whether the work carried out by CARC, and E others concerned reflects the resettlement and the environmental management policy and the conceived plan is achieved. The scope of monitoring and evaluation includes the implementation progress, resettlement policies, delivery of compensation and replacement land, changes of income and livelihood among affected people, consultation and participation and development of local communities. The method of resettlement monitoring and evaluation will be based on a combination of sample household survey and rapid appraisal in the field.

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Post Implementation Monitoring and Evaluation

145. Six months to one year after the end of resettlement activities, the Independent Monitoring Body shall conduct an evaluation study of severely affected APs and the vulnerable groups among the affected population to determine whether or not the objectives of the Resettlement Action Plan, in terms of restoration of incomes and living standards have been achieved. The methodology for the evaluation study will be based on the follow up socio‐economic survey to determine the impact of the Project on APs income levels and living standards of those severely affected by the Project. Survey data at post evaluation stage will be compared with the baseline survey at the RAP preparation stage. The Post Implementation Evaluation Study may propose additional assistance to severely affected persons if resettlement measures were not adequate and may also provide recommendations for future resettlement planning.

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Annex 1 Results of IOL Surveying

Table 1. The length of TL by communities affected by the project Province District Commune Length (m) Area (m2)* Area (ha)* Kon Tum 69,814 2,136,308 213.63 Ngọc Hồi Dỉstict 31,012 948,967 94.90 Đắk Sú commune 16,962 519,037 51.90 Đắk Kan commune 14,050 429,930 42.99 Sa Thầy district 33,633 1,029,170 102.92 Rờ Kơi commune 5,933 181,550 18.15 Sa Nhơn commune 15,800 483,480 48.35 Sa Nghĩa commune 6,522 199,573 19.96 Sa Bình commune 5,378 164,567 16.46 Kon Tum city 5,169 158,171 15.82 Ia Chim commune 5,169 158,171 15.82 Gia Lai 23,686 724,792 72.48 Chư Pah district 23,686 724,792 72.48 Ia Mơ Nông commune 3931 120,289 12.03 Ia Phí commune 9700 296,820 29.68 Ia Kar commune 4700 143,820 14.38 Nghĩa Hoà commune 5355 163,863 16.39 TOTAL 93,500 2,861,100 286.11 *Area is based on a ROW of 30.6 m.

Table 2. House characteristics of project affected households Structure characteristics Building Building Building No. Name of the owner Address materials of materials materials the of roof of wall foundation Alternative 1 Đăk Sú commune‐ Ngọc hồi district ‐ 1 Nghiêm Minh Tuấn Metal building cement Kon Tum Province 2 Lê Tấn Thành As above Metal Plank cement 3 Trần Văn Hoán As above Metal building cement 4 Nông Văn Hoèn As above Cottage building cement 5 Đàm Thị Hoan As above Metal building cement 6 Hoàng Văn Trường As above Cottage Bamboo soil

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Structure characteristics Building Building Building No. Name of the owner Address materials of materials materials the of roof of wall foundation 7 Hoàng Văn Học As above Metal Bamboo soil 8 Hoàng Văn Chức As above Tiling Plank soil 9 Triệu Văn Hải As above Metal building cement 10 Owner absent Rờ Kơi commune ‐ Sa Thầy district Cottage Bamboo soil 11 Vi Văn Tiệp As above Metal Bamboo soil Enamelled 12 Nhân Nghĩa‐Sa Thầy‐Kon Tum Metal building Ng Hữu Chính tile A Dung village ‐ Sa Nghĩa commune‐Sa 13 Metal building cement Nguyễn Thanh Hùng Thầy district 14 Lê Công Bình As above Metal building cement Village3‐ Nghĩa Hoà commune‐ Chư 15 Metal building cement Võ Thộc Pah district Village3‐ Nghĩa Hoà commune‐ Chư 16 Metal building tile Võ Giới Pah district Ka Bay village ‐ Sa Bình commune‐ Sa 17 Tiling building cement A Thành Thầy dist 18 A Sen As above Tiling building cement 19 A Điều As above Tiling building cement 20 A Đưới As above Tiling building cement 21 A Meng As above Tiling building cement 22 A Hy As above Tiling building cement Village3‐ Nghĩa Hoà commune‐ Chư 23 Nương Văn Đặt Tiling building cement Pah district 24 Nguyễn Mậu Duyền As above Tiling building cement 25 Nguyễn Mậu Lên As above Tiling building cement 26 Nguyễn Mậu Quyết As above Tiling building cement 27 Nguyễn Đăng Trình As above Tiling building cement

28 Phạm Huệ As above Metal building cement 29 Phạm Đăng Chương As above Concrete building cement 30 Trần Thị Chức As above Tiling building cement

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Table 3. Characteristics of project affected ancillary structures Structure characteristics Building Building Building No. Name of the owner Address materials of materials materials the of roof of wall foundation Alternative 1 Đăk Sú commune‐ Ngọc hồi district ‐Kon 1 Owner absent Cottage Plank Soil Tum Province 2 Nông Văn Tình As above Cottage building cement 3 Hoàng Văn Đồng As above Metal building soil Đăk Kan commune‐ Ngọc hồi district ‐ 4 A Vớ Cottage Bamboo Soil Kon Tum Province 5 A Pho Sa Thầy town‐Kon Tum city Metal Plank soil 6 Trần Văn Tuệ Village3‐Sa Thầy town‐Kon Tum city Metal building Cement 7 Võ Văn Tạo As above Tiling building Cement Nhơn Bình village‐Sa Thầy town‐Kon 8 A Liễu Tiling Plank soil Tum city Kép village‐ IaPhi commune‐Chư Pah 9 A Nhặt Tiling wood Bamboo distirct MRông Ngó village‐IaPhi commune‐Chư 10 Ô Man Metal Bamboo Bamboo Pah distirct 11 Owner absent Village 4 –IaKa commune‐Chư Pah Cottage Bamboo soil district 12 Owner absent Village3‐ Nghĩa Hoà commune‐ Chư Pah Metal building Cement district

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Table 4. Land use situation of the affected communes/districts along Ban Sok – Plei Ku 500kV (in 2005) Sum of Agricultural land natural Sum of Perennial Other Forestland Other land area Annual tree land agricultural tree land land Residential (bare land, No Place land land lake, river, Preservativ Protective Wet Upland Field etc.) Total Total e forest forest rice rice crops land land Ngọc Hồi district 84.382 12.766 ‐ ‐‐ ‐ ‐‐ ‐57.602 ‐‐12.497 1 Pờ Y commune 9.930 1.261 ‐ ‐‐ ‐ ‐‐ ‐7.733 ‐‐695 2 Đăk Can commune 9.342 3.111 ‐ ‐‐ ‐ ‐‐ ‐3.328 ‐‐2.741 Đăk Tô district 50.924 11.631 ‐ ‐‐ ‐ ‐‐ ‐24.999 ‐‐12.367 3 Tân Cảnh commune 5.159,6 2.658 ‐ ‐‐ ‐ ‐‐ ‐1.315 ‐‐444 4 Pô Kô commune 10.119 1.559 ‐ ‐‐ ‐ ‐‐ ‐2.014 ‐‐6.227 Sa Thay district 5 Hơ Moong commune 6.523 ‐2.500 72 2.428 250 ‐ 56 1.450 0 0 2.267 6 Sa Nghĩa commune 3.746 ‐1.202,11 51 15 93,43 782,34 ‐ 40 1.469 0 0 0 7 Sa Bình commune 4.035,2 ‐2.777,81 76 2.701,81 178,21 ‐ 45 466,88 0 567,3 0 Kon Tum town 8 Hòa Bình commune 6.022 ‐4.763,54 ‐‐ ‐ 0 ‐ 513,52 0 0 0 744,94 9 Ia Chim commune 8.972 ‐1414,9 237,5 57,5 1.119,6 3.291,3 ‐ 83,65 377,54 3,0 10,0 0 Gia Lai province Chu Păh district 98129,7 ‐8.425 4350 4075 13.251 ‐‐29.649 ‐‐36.335 10 Ia Phi commune 6.995 ‐1.040 557 483 428,5 ‐‐221 ‐‐3.379 11 Hòa Phú commune 5.491 ‐505 180 325 782,5 ‐‐2.425 ‐‐1.228 12 Nghĩa Hòa commune 2.109 ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0 ‐ ‐ 410

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Table 5. Gross output of some economic activities (in 2005)

Agriculture Forestry Fishery Industry Retail sales Exploitation value of Afforestation, Domestic No Place Service of wood Other Aquatic good and Total Cultivation Animal Total forest Total Aquaculture Total economic husbandry and forest forestry exploitation turnover of breeding sector product services Ngọc Hồi 1 62.197 33.946 28.085 166 7.735 1860 1.300 4.576 3.215 3.107 108 27.859 27.859 40.478 district Đăk Tô 2 120.647,5 76.711,7 19.357,8 8.130,0 14.849 7.211 4.807 2.831 1.343 1.135 208 65.098 65.098 41.128 district Sa Th y 3 83.426 60.498 20.655 2.273 18.130,4 9.227 8.819 84,4 5.148 2.160 2.988 11.540 11.540 32.875 district Ch Păh 4 352.027 310.606 36.862 4.559 12.883 3.816 4.547 4.520 1.829 595 1.234 134.170 134.170 ‐ district Kon Tum 5 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 459.274 459.274 767.086 town

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Table 6. Area, yield, gross output of some cultivated crops and domestic animal of project affected communities Buffalo, Paddy Maize Sugar cane Peanut Rubber Coffee Pig Poultry ox Gross Yield Gross Yield Gross Yield Gross Yield Gross Gross Gross output of Gross Area Area Area Area Area Area Number Number Number District (quintal output (quintal output (quintal output (quintal output output output living output (ha) (ha) (ha) (ha) (ha) (ha) (head) (head) (head) /ha) (ton) /ha) (ton) /ha) (ton) /ha) (ton) (ton) (ton) livestocks (ton) (ton)

Chư Păh district 4350 37,3 16280 950 37 3498 330 450 14850 150 11 165 3747 5397 8200 10660 21509 1138 57641 60 16012

Sa Thầy district 2361 24,2 5705 751 22,79 1712 78 1512 33 7 24 4277 107 451 216 9954 605 38029 31 7373

Đăk Tô district 1857 32,4 6015 690 33,58 2317 17 640 4 10 4 2807 382 682 479 11370 851 30256 30 8909

Ngọc Hồi district 2711 29,5 7984 725 39,61 2872 0 0 0 30 10 30 4107 1602 862 870 8710 489 35792 30 6523

Kon Tum town 2646 33,8 8931 1838 39,28 7220 2534 437,2 110785 126 11 138 5044 3873 780 688 35747 3763 24283

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Table 7. Some economic ‐ social indicators of communes, districts, town in area where transmission line crosses Natural Employment by kind of economic Gross output Average Number of Percentage of Percentage Population (pers) growth activities of food per income per the hunger households of rate (%0) capita capita and poverty using well‐ households No Kon Tum province Total Male Female Total Agriculture Manufacturing (kg/pers/year) (VND/year) households water for having a and forestry (%) activities sanitary security toilet Ngọc Hồi district 33.036 16.683 16.353 25 16226 12566 199 310 1 PoY commune 3.986 197.309 193.323 2 Đăk Can commune 3.291 166.195 162.904 Đăk Tô district 35.902 19.472 16.428 19,19 17237 11818 407 232 3 Tân C nh commune 6.713 3.640 3073 5.400.000 30,48 21,42 25,8 4 Pô Kô commune 2.955 1.602 1353 Sa Thay district 32.732 16.115 16.617 21,14 15676 13194 115 226 5 H Moong commune 4.570 2.250 2.500 ‐ 100 86,39 6 Sa Nghĩa commune 1.891 931 960 5.200.000 13,53 60 61,31 7 Sa Bình commune 4.552 2.241 2.311 3.360.000 50,11 90 33 Kon Tum town 8 Hòa Bình commune 5325 ‐ ‐ 6.268.000 100 77,67 9 Ia Chim commune ‐ ‐ ‐ 4.700.000 10,81 85 90 Gia Lai province Chu Păh district 64.846 33.524 31.322 19,21 30099 22344 929 407 4.104.000 38,54 10 Ia Phi commune 5.268 2.572 2.696 11 Hòa Phú commune 4.973 2.532 2.441 12 Nghĩa Hòa commune 3.978 2.011 1.967

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Table 8. Infrastructure Percentage of Electric route Substation Length of road Number of Medical No Commune electric used (km) (subs) (km) school station households (%) 1 Ia Chim commune 15 1 93,5 45 5 1 2 Sa Nghĩa commune 0,3 1 100 4,1 (Gravel and 4 1 earth road) 3 Hoà Bình commune ‐ ‐93,4 ‐ 4 1 4 Tân Cảnh commune ‐ ‐‐ ‐3 1 5 Sa Bình commune 15 6 100 23 3 1 Notes: ‐ 100% project affected communes, districts having electricity and having motor way to commune centre.

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Annex 2 Preliminary Public Consultation Results

1. Document - Safeguard Policy Statement (June 2009) of Asian Development Bank; - Summary report about issues such as: compensation, assistance, resettlement plan; ethnic minority development plan; environmental management plan based on ADB’s safeguard policy statement. 2. Consultation way - Informing Commune People’s Committees in the project area (CPCs) of implementing public consultation with local people as well as time and content of the consultation. - Organizing meeting: representative of CPCs states reason of the meeting, consultant’s representative presents the following contents: a. The project information b. The project description (construction and operation phases) c. The project’s impacts on environment d. Compensation, assistance, resettlement plan and Policies of ADB and the Government of Vietnam. e. Compensation, resettlement plan. f. Ethnic minority development plan. g. Environmental management plan. h. Complaint and grievance. - Feedbacks of inhabitants in the project area ‐ These feedback are screened and put into contents of the meeting minutes.

Table 1. Summarizing public consultation result No. Commune Result Feedback Number of participants A GIA LAI PROVINCE I Chư Păh District 1 Nghia Hoa Local people and ‐ Now, unit price issused Total number of participants commune (on authorities by PPC is lower than the of consultation meeting is 13 February 16, support and fact. Thus, it should have people. In which: 2011) agree with the assistance alternative to ‐ 01 Chief of Nghia Hoa chosen project ensure PAHs’ interestss

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No. Commune Result Feedback Number of participants T/L alternative. commune: ‐ Resetlement plan has to be agreed by CPC and ‐ 12 local people PAHs • 7 males ‐ PAHs affected by • 5 females electromagnetic field have to be displaced to All participants include: new place. There are 1. Cao Minh Hoà ‐ Vice‐ site rehabilitation chairman methods after finishing construction. 2. Lò Văn Long ‐ Appointing staff who will 3. Nguyễn Quốc Thuận carry out site clearance 4. Lò Văn Niệm and compensation to take part in training 5. Nguyễn Văn Ninh before carrying out. 6. Nguyễn Mậu Duyền ‐ Assisting machines, 7. Nguyễn Mậu Quyết equipments such as photocopy machine, fax, 8. Nguyễn Đăng Trình and printer to conduct 9. Phạm Huệ the project. 10. Phạm Chiến 11. Nguyễn Văn Phòng 12. Nguyễn Văn Thủy 13. Phạm Văn Độ

2 Ia Ka commune Local people and ‐ It should assist Total number of participants (on February 18, authorities compensation price to of consultation meeting is 12 2011) support and PAHs in order to ensure people. In which: agree with the their real interests ‐ 01 communal chief: chosen T/L ‐ Appointing staff who will alternative. ‐ 11 local people carry out site clearance and compensation to • 8 males take part in training • 3 females before carrying out. Including: ‐ Assist construction of a contact room to solve 1. Rơ Chăm GRiưh ‐ complaint and grievance Chairman regarding to the project 2. Rơ Châm Alel 3. Ksos Prok

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No. Commune Result Feedback Number of participants 4. Rơ Châm Sui 5. Rơ Châm Chưng 6. Rơ Châm Theo 7. Rơ Châm Uch 8. Rơ Châm Wuk 9. Rơ Châm H’yát 10. Rơ Châm Hunh 11. Rơ Châm Khưn 12. Rơ Châm Hrú

3 Ia Phi commune Local people and ‐ It should have an Total participants of authorities assistance alternative to consultation meeting is 27 (on February 20, support and PAHs in order to ensure people. In which: 2011) agree with the their real interests ‐ 01 Communal chief: chosen project ‐ Appointing staff who will alternative. ‐ 26 local people carry out site clearance and compensation to • 18 males take part in training in • 8 females compensation, allowance and All participants consist of: resettlement policy 1. Rơ Chăm Wich ‐ Vice before carrying out. chairman ‐ It should have an 2. Rơ Châm Phe assistance on machines, equipments to CPC in 3. Rơ Châm Myip order to cooperate the 4. Rơ Châm Huông project implementation. 5. Rơ Châm Hiu ‐ Suggesting more regularly mearsuring 6. Rơ Châm Huynh electromagnetic field at 7. Rơ Châm Plôi residential areas where 8. Rơ Châm Byer the T/L crosses over. 9. Rơ Châm Klinh 10. Rơ Châm Nhùi 11. Rơ Châm Blông 12. Rơ Châm Im 13. Rơ Châm Phúc

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No. Commune Result Feedback Number of participants 14. Rơ Châm Dêl 15. Rơ Châm Anich 16. Rơ Châm Anìu 17. Rơ Châm Ình 18. Rơ Châm Djriêu 19. Rơ Châm BlơiH 20. Rơ Châm Hai 21. Rơ Châm DJăng 22. Rơ Châm Chép 23. Rơ Châm Hnót 24. Rơ Châm Ameo 25. Rơ Châm Jon 26. Rơ Châm Phinh 27. Rơ Châm Bớt 28. Rơ Châm Chép

4 Ia Mo Nong Not implement consultation yet commune B KON TUM PROVINCE I Pleiku City 1 Ia Chim Local people and ‐ Suggesting that it should Total participants of commune authorities have an compensation consultation meeting is 20 support and price assistance to PAHs people. In which: (on February 21, agree with in order to ensure their 2011) ‐ 02 Communal chieves: chosen project real interests alternative. ‐ 18 local people ‐ Suggesting that it should appoint local stafves to • 11 males train in compensation, • 7 females allowances and resettlement All participants include: ‐ Weh village should be 1. A Tưp ‐ Vice chairman assisted to rehabilitate 2. Hùynh Thanh Tùng ‐ Land some traditional cultural staff characteristics 3. Trần Thị Hồng ‐ Suggesting that it should

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No. Commune Result Feedback Number of participants assist machines, 4. Nguyễn Tĩnh equipments such as photocopy machine, fax, 5. Nguyễn Văn Thanh printer to conduct the 6. Cao Văn Đạo project. 7. Nguyễn Thị Thuỷ ‐ To ensure sustainable development for PAHs, 8. Đỗ Thanh Ngà it should allow residents 9. Trần Văn Phước to borrow capital with no interest rate in long‐ 10. Đỗ Văn Thông term period for 11. Nguyễn Thị Sơn reinvestmnet for 12. Đặng Quang Vinh production 13. Nguyễn Thị Hoà ‐ Suggesting that it should implement according to 14. Nguyễn Văn Hoà approved EIA 15. Đỗ Thị Quyên 16. Nguyễn Thị Lan 17. Đăng Quang Sang 18. Nguyễn Thanh Bình 19. Nguyễn Hữu Phước 20. Nguyễn Văn Hà

II Sa Thay district 1 Sa Binh Local people and ‐ Suggesting that it should Total participants of commune authorities have an compensation consultation meeting is 30 support and price assistance people. In which: (on February 23, agree with alternative to PAHs in 2011) ‐ 03 Communal chieves: chosen project order to ensure their alternative. real interests and legal ‐ 27 local people entitlements • 18males ‐ PAHs will self choose • 9 females resettlement alternative. All participants include: ‐ In the project 1. Trần Văn Hữu ‐ Vice‐ implementation process, chairman it should have amount 2. Lê Minh Luận ‐ Party of cost for local staves committee secretaty who support the project. 3. Nguyễn Thanh Tâm ‐ ‐ Assisting equipments, Chief of the secretariat

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No. Commune Result Feedback Number of participants machines such as 4. A Blẽo photocopy machine, fax. 5. Aphik ‐ Suggesting money assistance to PAHs in 6. A Mương order to them reinvest 7. A Vũ for production and support them contact 8. A Wit with capital source 9. A Jút having no interest rate in order to PAHs invest 10. A Kool for perennial industrial 11. A Phik trees development. 12. A Mit Assisting for building communal house. 13. Y Úi ‐ Suggesting that it should 14. A Dyik conform to current law 15. A Huê on environment protection. 16. A lươn 17. A Ghê 18. A Ếch 19. A TÌnh 20. A Lui 21. A Picoh 22. A Lương 23. A Nhim 24. A Phéch 25. A Cho 26. A DJưr 27. A Thưr 28. Kros Tín 29. Vanh 30. Y Bép 2 Sa Nghia Local people and ‐ Now, unit price issued Total participants of commune (on authorities by PPC is lower than the consultation meeting is 28 February 24, support and fact. Thus, it should have people. In which: 2011) agree with an assistance alternative ‐ 01 chief of commune chosen project to ensure PAHs’ alternative. interests ‐ 27 local people

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No. Commune Result Feedback Number of participants ‐ When implement the • 16 males project in the locality, it • 11 females should have an amount of cost for local staves Consisting of: who support the project 1. Nguyễn Văn Mười ‐ Vice‐ implementation. chairman ‐ Suggest to assist CPC 2. Lê Ngọc Hơn with one photocopy machine and one 3. Đương Thị Chí computer. 4. Nguyễn Thanh Chung 5. Vũ Thị Bản 6. Đỗ Xuân Toàn 7. Nguyễn Thị Kim Anh 8. Lê Trọng Sang 9. Phạm Đước Hiếu 10. Trần Thị Hồng 11. Nguyễn Tĩnh 12. Nguyễn Văn Thanh 13. Cao Văn Đạo 14. Nguyễn Thị Thủy 15. Đỗ Thanh Ngà 16. Trần Văn Phước 17. Đỗ Văn Thông 18. Đỗ Văn Thường 19. Nguyễn Thị Sơn 20. Đặng Quang Vinh 21. Nguyễn Hữu Phước 22. Nguyễn Thị Hoà 23. Nguyễn Văn Hoà 24. Nguyễn Văn Hà 25. Đỗ Thị Quyên 26. Nguyễn Thị Lan 27. Đặng Quang Sang

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No. Commune Result Feedback Number of participants 28. Nguyễn Thanh Bình 3 Sa Nhon Local people and ‐ Now, unit price issued Total participants of commune authorities by PPC is lower than the consultation meeting is 37 support and fact. Thus, it should have people. In which: (on February 25, agree with an assistance alternative 2011) ‐ 02 Communal chieves: chosen project to ensure PAHs’ alternative. interests • Huỳnh Tấn Tài ‐ Vice‐chairman ‐ Appointing staff who will carry out compensation, • Bùi Thanh Bình ‐ allowance and Vice‐party resettlement to take communittee part in training before secretary carrying out. ‐ 35 local people ‐ Conform according to • 23 males environmental protection law • 12 females ‐ Suggesting that it should 1. Huỳnh Trân Tài conform to law on 2. Đặng Thanh Long environment protection. 3. Lỗ Văn Mùi 4. Hồ Văn Tuấn 5. Lê Thị Trang 6. Nguyễn Thị Thái 7. Lê Thị Kim Hoa 8. Tạ Minh Thông 9. Nguyễn Thị Bích Liên 10. Trần Văn Lực 11. Võ Thanh Sang 12. Trần Thi Phương 13. Lê Hữu An 14. Trần Văn Tý 15. Phạm Thị Hồng 16. Cao Thị Trẩy 17. Phạm Thị Chuộn 18. Trần Văn Toàn 19. Trần Cao Cường

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No. Commune Result Feedback Number of participants 20. Trần Thị Điều 21. Nguyễn Thi Ba 22. Lâm Tín 23. Nguyễn Phiêu 24. Trần Ngọc Phiệt 25. Trần Thị Nở 26. Nguyễn Văn Bốn 27. Lê Thị Lan 28. Trương Thị Điểm 29. Nguyễn Văn Y 30. Lại Thị Là 31. Đỉnh Toán 32. Nguyễn Thanh Tuấn 33. Lê Thành Trung 34. Nguyễn Anh 35. Trần Trung 4 Ia Koi commune Local people and ‐ Before land acquisition, Total participants of (on February 27, authorities it should cooperate with consultation meeting is 27 2011) support and local staves to mobilize, people. In which: agree with and explain for PAHs to ‐ 01 Communal chief: chosen project understand and alternative. implement ‐ 26 local people ‐ During people • 20 males mobilization • 6 females implementation process to acquire land and All paticipants include: breaking down house 1. A Him ‐ Chairman and asset, it should have an amount of cost for 2. A Băk local staves’ 3. Biên implementation 4. A Bil ‐ It should have a money assistance for PAHs in 5. A Bdir order to them to re‐ 6. A Bền invest for their 7. A Chor production 8. A Đek

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No. Commune Result Feedback Number of participants ‐ Having worker 9. A Điêm management plan when 10. A Dẻo implementing the project. Implementing 11. A Deop the project just 12. A Diu according to law on environment protection. 13. A Đoàn 14. A Dũng 15. A Đinh 16. A Đoán 17. Nguyễn Văn Đông 18. Piên 19. A Biên 20. A Bik 21. A Bin 22. A Rúi 23. A Sen 24. A Jip 25. A Khúc 26. A Bỉnh 27. A Gliêm III Ngoc Hoi district 1 Dak Kan Local people and ‐ Now, unit price issued Total participants of commune (on authorities by PPC is lower than the consultation meeting is 23 February 28, support and fact. Thus, it should have people. In which: 2011) agree with an assistance alternative ‐ 05 Communal chieves: chosen project to ensure PAHs’ alternative. interests according to ‐ 13 local people real value. • 11 males ‐ Unit price issued by PPC • 2 females is now lower than the fact. Thus, it should have 1. Nguyễn Huy Mót ‐Vice‐ assistance plan to chairman ensure PAHs’ interests 2. Nguyễn Hải Anh ‐ Vice ‐ Suggesting to implement party committee completely secretary compensation before 3. Hà Quang Xuân ‐ Land

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No. Commune Result Feedback Number of participants the project staff commencement 4. Lê Đức Thuyết ‐ Vice‐ ‐ It should have an chairman of Communal amount of cost for local Vietnamese Fatherland staves who take part in Front Committee the project 5. Nguyễn Quang Ánh ‐ implementation Chairman of farmer ‐ Assisting equipments, association machines to the locality 6. Lữ Đức Thuỷ to implement the project such as 7. Nguyễn Văn Tướng photocopy machine, 8. Bùi Văn Cầu printer. 9. Đinh Thị Chầm ‐ Suggesting to implement the project according to 10. Đinh Văn Hương law on current 11. Đinh Xuân Hương environment protection 12. Xà Thị Hà 13. A Ú 14. A Hóc 15. A Vớ 16. Ông Chí 17. Ngô Văn Viễn 18. Giáp Văn Khoa 2 Dak Su commune Local people and ‐ Suggesting to have Total participants of (on February 29, authorities suitable compensation, consultation meeting is 19 2011) support and assistance and people. In which: agree with resettlement alternative ‐ 01 Communal chief chosen project in order to ensure PAH’s alternative. interests ‐ 18 local people ‐ Assisting to implement • 16 males resettlement before the • 2 females project implementation Including: ‐ Equipping machines for local staves to 1. Hoàng Trung Kiên implement the project 2. Nghiêm Minh Tuấn advantageously 3. Lê Tuấn Thành

4. Ngọc Vin

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LAO PDR / VIETNAM Asian Development Bank CONSULTANCY SERVICES FOR PREPARING THE BAN-SOK PLEIKU POWER TRANSMISSION PROJECT 500 kV OHL_TA 6481-REG

No. Commune Result Feedback Number of participants 5. A Lóc 6. Hoàng Thị Thơm 7. Nông Văn Tình 8. Nông Văn Hoạt 9. Nông Văn Cường 10. A Răm 11. A Kế 12. A Dế 13. Đàm Thị Hoan 14. Nông Văn Hoè 15. Mã Văn Dính 16. Hoàng Thu Mối 17. Nông Văn Long 18. Nông Văn Lợi 19. 19. Võ Đông ‐ Chairman

BAN SOK – PLEIKU DRAFT FINAL REPORT_LARAP_VIETNAM SIDE- ver 1.0 (A) Page 76