NATIONAL POWER TRANSMISSION CORPORATION The Northern Vietnam Power Projects Management Board ------
Public Disclosure Authorized
TRANSMISSION EFFICIENCY PROJECT (TEP)
RESETTLEMENT PLAN Public Disclosure Authorized (RP)
TAY HA NOI - THUONG TIN 500KV TRANSMISSION LINE
(final report)
Public Disclosure Authorized PREPARED BY: INSTITUTE OF ENERGY
Public Disclosure Authorized Ha Noi, September 2015 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan TABLE OF CONTENTS
ABBREVIATIONS ...... 5 EXECUTIVE SUMMARY ...... 6 Chapter 1 : INTRODUCTION ...... 9 1.1. Transmission Efficiency Project (TEP) ...... 9 1.2. Sub-project 500kV line from Tay Ha Noi to Thuong Tin ...... 9 1.3. Resettlement Objectives ...... 11 Chapter 2 :PROJECT IMPACTS ...... 12 2.1. Identifying Impacts Of The Project ...... 12 2.2. Types of the subproject impacts ...... 14 Chapter 3 : LEGAL FRAMEWORK AND ENTITLEMENTS OF APs ...... 19 3.1. Legal framework...... 19 3.1.1. The Legal Framework of the Government of Vietnam ...... 19 3.1.2. World Bank Policy on Involuntary Resettlement (OP/BP 4.12) ...... 20 3.1.3. Compatibilities of GOV and WB Approaches and Required Waivers ...... 20 3.1.4 Compatibility of the Government and the WB Approaches and Require Wavers: ...... 22 3.2 Compensation Policy ...... 22 3.2.1 Genaral Principles ...... 22 3.2.2 Policies on compensation, assistance and resettlement applied to the subproject ...... 24 3.2.2.1 Compensation for Loss of Agricultural Land ...... 24 3.2.2.2 Compensation for Loss of Residential Land ...... 25 3.2.2.3 Compensation Policy for Loss of Houses/Structures ...... 26 3.2.2.4 Compensation Policy for Loss of Standing Crops and Trees ...... 27 3.2.2.5 Compensation Policy for Loss of Income and/or Business/Productive Assets 27 3.2.2.6 Compensation Policy for Temporary Impact during Construction ...... 27 3.2.2.7 Damages to Private or Public Structures ...... 27 3.2.2.8 Secondary APs ...... 28 3.2.2.9 Allowances and Rehabilitation Assistance ...... 28 Chapter 4 :COMPENSATION, ASSISTANCE AND RESETTLEMENT PLAN ...... 30 4.1. Compensation ...... 30 4.2. Assistance ...... 31 4.3. Total compensation costs for the sub- project ...... 33 Chapter 5 : COMMUNITY CONSULTATION AND PEOPLE’S PARTICIPATION ... 40 Chapter 6 : REPORTING, MONITORING AND EVALUATION ...... 43
Institute of Energy - IE 1 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan 6.1. Internal Monitoring ...... 43 6.2. Independent Monitoring ...... 45 6.3. Reporting ...... 45 Chapter 7 : IMPLEMENTATION PLAN ...... 46 7.1. Implementation Responsibility ...... 46 7.2. Implementation Schedule ...... 48 Chapter 8 : IMPLEMENTATION COSTS ...... 50 8.1. Budget ...... 50 8.2. Cost Estimatation for RP Implementation ...... 50 8.3. Total Cost of RP Implementation ...... 51 Entitlement Matrix...... 54 Agreements on T/L Routes ...... 64 Minutes of Community Meetings ...... 85
Institute of Energy - IE 2 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan List of tables Table 1.1. List of line length ...... 10 Table 2.1. Affected households ...... 13 Table 2.2: Number of APs by locations ...... 13 Table 2.3: Number of APs by impacted categories ...... 14 Table 2.4: Permanently Affected Productive Land Area (due to construction of foundation pivotal) ...... 14 Table 2.5: Temporarily Affected Productive Land Area ...... 15 Table 2.6: Affected perennial trees and crops within ROW ...... 16 Table 2.7: Area of the permanently affected houses and structure (residence land) in ROW ...... 17 Table 2.8: Amount of permanently affected houses and structures ...... 17 Table 3.1. Differences between the Government’s Laws and Decrees and World Bank Policty and TEP’s policy ...... 20 Table 4.1: Compensation unit prices for permanently affected land ...... 30 Table 4.2: Compensation price units for eligible trees, crops and livestocks ...... 31 Table 4.3: Price Units for job switch and employment generation ...... 31 Table 4.4: Assistance to Assistance to relocation households in ROW ...... 32 Table 4.5: Total compensation cost ...... 33 Table 4.6: Land compensation cost for foundation ...... 34 Table 4.7: Plant compensation cost for foundation ...... 35 Table 4.8: Compensation cost for temporary affection ...... 36 Table 4.9: Cost for work creation ...... 37 Table 4.10: Assitance cost for houses under transmission line...... 38 Table 6.1: Key activities of internal monitoring and assessment...... 42 Table 7.1: Proposed sub - project implementation schedule ...... 47 Table 8.1: Total estimated costs for RP’s implementation ...... 50
Institute of Energy - IE 3 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan Appendices 1. Project Areas 2. Entitlement Matrix 3. Agreements on TL Routes 4. Minutes and photos of community meetings
Institute of Energy - IE 4 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan ABBREVIATIONS - AP Affected person - APs Affected Persons - BCAR Board of Compensation, Assistance and Resettlement - DRC District Resettlement Committee - IE Institute of Energy - NER Natural Environment and Resources - NPMB The Northern VietNam Power Projects Management Board - PAPs Project Affected Persons - PC People's Committee - PC People's Committee - PM Project Management - PPC Provincial People's Committee - ROW Right-of- way - RP Compensation and Resettlement Plan - TEP Transmission Efficiency Project - TL Transmission Line - USD US Dollar - VFF Vietnam Fatherland Front - VN Đ Vietnam dong - WB World Bank
Institute of Energy - IE 5 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan
EXECUTIVE SUMMARY
Subproject Tay Ha Noi - Thuong Tin 500kV Transmission line is under the Transmission Efficiency Project (TEP). The sub-project will go through 04 district (Quoc Oai, Chuong My, Thanh Oai, Thuong Tin) - Hanoi city. The subproject comprises of 01 component: (i) Construction of 39.97km of Tay Ha Noi - Thuong Tin 500kV Transmission line Tay Ha Noi - Thuong Tin 500kV Transmission line tranverses 04 districts at Ha noi city, specifically: Ha Noi city: - Communes: Dong Quang, Thach Than, Can Huu – Quoc Oai district. - Communes: Dong Son, Dong Phuong Yen, Phu Nghia, Truong Yen, Tot Dong, Quang B ị, Thuong Vuc, Hoang Dieu – Chuong My district. - Communes: Thanh Mai, Thanh Cao, Tam Hung, Do Dong, Thanh Van – Thanh Oai district. - Communes: Tien Phong, Van Phu – Thuong Tin district. Sub-project’s construction is expected to happen to occur within 12 months (excluding clearance and compensation time) since the beginning of construction. Construction is expected to start at the first quarter of 2016. The subproject will affect to 508 households (2,008 persons). The land area of households to be acquired permanently is from 1.25% to 12.8% of their total land holdings, specifically: Number of APs with less than 20% of productive land permanently acquired: 408 households (1,590 persons) Number of relocated APs: 37 households (153 persons) Number of APs with productive land temporarily affected: 32 households (130 persons) Number of APs with rice land temporarily affected: 31 households (135 persons) Permanently Impacts Land type (m 2) No Locality Area (m 2) Rice Perennial Pond I Ha Noi city 41751 41751 0 0 1 Quoc Oai district 4657 4657 0 0 Dong Quang commune 1385 1385 0 0 Thach Than commune 700 700 0 0 Can Huu commune 2572 2572 0 0 2 Chuong My district 17558 17558 0 0 Dong Son commune 1326 1326 0 0 Dong Phuong Yen commune 1020 1020 0 0 Phu Nghia commune 2062 2062 0 0 Truong Yen commune 3162 3162 0 0 Tot Dong commune 2773 2773 0 0 Quang Bi c ommune 3556 3556 0 0 Thuong Vuc commune 576 576 0 0 Hoang Dieu commune 3082 3082 0 0 3 Thanh Oai district 11383 11383 0 0 Thanh Mai commune 2647 2647 0 0
Institute of Energy - IE 6 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan
Land type (m 2) No Locality Area (m 2) Rice Perennial Pond Thanh Cao commune 1060 1060 0 0 Tam Hung commune 3112 3112 0 0 Do Dong commune 2268 2268 0 0 Thanh Van commune 2296 2296 0 0 4 Thuong Tin district 8154 8154 0 0 Tien Phong commune 4179 4179 0 0 Van Phu c ommune 3975 3975 0 0 Total 41751 41751 0 0 Temporary Impacts Land type (m 2) No. Locality Rice Annual plant Pond Perennial plant Household I Ha Noi city 91015.7 2712.0 0.0 22384.2 2023.5 1 Quoc Oai district 9343.4 600.0 0.0 2380.0 20.0 Dong Quang c ommune 215.4 120.0 0.0 280.0 0.0 Thach Than c ommune 1680.0 180.0 0.0 420.0 20.0 Can Huu c ommune 7448.0 300.0 0.0 1680.0 0.0 2 Chuong My district 45726.1 0.0 0.0 10360.0 356.0 Dong Son c ommune 4404.7 0.0 0.0 952.0 117.0 Dong Phuong Yen c ommune 2420.0 0.0 0.0 560.0 0.0 Phu Nghia c ommune 3374.0 0.0 0.0 896.0 68.0 Truong Yen c ommune 7932.6 0.0 0.0 1820.0 85.0 Tot Dong c ommune 11247.2 0.0 0.0 2287.6 32.0 Quang Bi c ommune 9693.2 0.0 0.0 2158.8 12.0 Thuong Vuc c ommune 2204.5 0.0 0.0 457.5 30.0 Hoang Dieu c ommune 4449.9 0.0 0.0 1228.1 12.0 3 Thanh Oai district 29019.5 416.0 0.0 6712.8 417.5 Thanh Mai c ommune 5703.9 416.0 0.0 1489.6 383.5 Thanh Cao c ommune 3308.8 0.0 0.0 711.2 0.0 Tam Hung c ommune 6736.8 0.0 0.0 1607.2 24.0 Do Dong c ommune 5223.6 0.0 0.0 1221.2 10.0 Thanh Van c ommune 8046.4 0.0 0.0 1683.6 0.0 4 Thuong Tin district 6926.7 1696.0 0.0 2931.3 1230.0 Tien Phong commune 3728.5 1696.0 0.0 1724.5 990.0 Van Phu commune 3198.2 0.0 0.0 1206.8 240.0 Total 91015.7 2712.0 0.0 22384.2 2023.5 Note: Those data has been collected since November 2013 which may change in the future.
Institute of Energy - IE 7 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan RP of sub-project Tay Ha Noi - Thuong Tín 500kV Transmission line is prepared on the basis of the Involuntary Resettlement Policy (OP 4.12) of the World Bank and the Resettlement Policy framework work that has been approved for the Transmission Efficiency Project. The compensation and assistance for affected households are expected to start from Quarter II of 2016. The estimated cost for the implementation of Resettlement Plan is 46,611,329,892 VND (to be updated when the sub-Project is implemented to ensure the principle of compensation at adequate cost). Counterpart will provide fund for the implementation of RP: Vietnam Electricity.
Institute of Energy - IE 8 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan
Chapter 1 : INTRODUCTION 1.1. Transmission Efficiency Project (TEP) 1. The National Power Transmission Corporation (NPT) is developing Transmission Efficiency Project (TEP) with funding from the World Bank (WB). The Project Development Objective (PDO) for TEP is to support the implementation of an investment programs to increase capacity of Vietnam’s electricity transmission grid, improve efficiency and reliability of electricity services and strengthen the institutional capacity of the National Power Transmission Corporation. The direct beneficiary of the project would be Vietnam’s electricity transmission company NPT. Indirect beneficiaries would include all segments of population. They would benefit from: (i) Improved reliability, which will reduce unserved demand and the number and duration of power outages; and (ii) Increased energy efficiency, which will reduce overall costs and GHG emissions. The project would also bring direct temporary benefits for skilled and unskilled workers that would be employed for the construction of the project. The proposed project is comprised of the following three components: (a) The Transmission Infrastructure Component will finance transmission lines and substations at voltage levels of 220kV and 500kV. The investments will target three areas that are key to the overall economic development of Vietnam, namely the Greater Hanoi Area, the Greater Ho Chi Minh City Area and the Mekong Delta. Investments at the 500kV level will help increase the transport capacity of the main 500kV trunk system while increasing its reliability. Investments at the 220kV level are aimed at increasing the capacity of the supply points to the distribution utilities and improve the reliability of the network that serves these points. (b) The Smart Grid Component will support modernization of monitoring, control, and protection equipment in 500kV and 220kV substations to improve the reliability of the interconnected power system as a whole and of some bulk-supply points in the distribution network. Today, 60 percent of the faults in substations are a consequence of faulty operations of monitoring, control, and protection equipment. Aided by monitoring and control gear, protection equipment: (i) detects - among other things - the locations and intensity of faults and, based on such information, determines what equipment should be disconnected to protect the system from damage; and (ii) decides when disconnected equipment should be reconnected to ensure that interruptions in the provision of electricity services are minimized. (c) The Capacity Building and Institutional Strengthening Component will contribute to the gradual development of NPT to become an independent transmission company with revenues from the application of cost-of-service regulation in the transmission sector. The steps to be supported in this operation include the definition of technical and financial performance indicators, the introduction of enterprise asset management systems and strategies. 2. Component 1 and Component 2 will be implemented by three management boards of NPT, Component 3 and a part of the component 2 will be implemented by NPT and ERAV. 3. To implement sub-projects components, land acquisition will be required. However, land acquisition and resettlement aren’t required in component 2 – Smart Grid Development and component 3 – capacity improvement and system reinforcement. In this subproject, land acquisition is required only under sub-projects in component 1. 1.2. Sub-project 500kV line from Tay Ha Noi to Thuong Tin 1.2.1. Sub-project’s scale Sub-project 500kV transmission line from Thuong Tin to Tay Ha Noi will go through 04 districts of Ha Noi city. (please refer to Appendix 1: Project Areas). Sub-project will help to transmit electricity from 500kV Tay Ha Noi Substation into National
Institute of Energy - IE 9 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan Grid with the aims of: - Providing electricity safely and efficiently in the West of Ha Noi. This is important sub-loading area of which economic and social development is growing fast at Ha noi capital. - Reducing loading for 220kV transmission line from Hoa Binh to Ha Dong, Xuan Mai; - Contributing to increase stability of power supply to transmission system at Ha noi and other areas to ensure the stable operation of National Electric System. Sub-project comprises of 01 component: (i) Construction of 39.97km of Tay Ha Noi - Thuong Tin 500kV Transmission line Table 1.1. List of line length
No. Locality Length (m) Tower I Ha Noi city 39971.7 100 1 Quoc Oai district 4250.0 12 1.1 Dong Quang c ommune 500.0 2 1.2 Thach Than c ommune 750.0 2 1.3 Can Huu c ommune 3000.0 8 2 Chuong My district 18500.0 45 2.1 Dong Son c ommune 1700.0 4 2.2 Dong Phuong Yen c ommune 1000.0 3 2.3 Phu Nghia c ommune 1600.0 3 2.4 Truong Yen c ommune 3250.0 9 2.5 Tot Dong c ommune 4085.0 9 2.6 Quang Bi c ommune 3855.0 9 2.7 Thuong Vuc c ommune 817.0 2 2.8 Hoang Dieu c ommune 2193.0 6 3 Thanh Oai district 11987.2 29 3.1 Thanh Mai c ommune 2660.0 6 3.2 Thanh Cao c ommune 1270.0 3 3.3 Tam Hung c ommune 2870.0 8 3.4 Do Dong c ommune 2180.7 5 3.5 Thanh Van c ommune 3006.5 7 4 Thuong Tin district 5234.5 14 4.1 Tien Phong c ommune 3097.5 8 4.2 Van Phu c ommune 2155.0 6 Total 39971.7 100
Institute of Energy - IE 10 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan 1.2.2. Transmission line’s technical specification Project Thuong Tín - Tay Ha Noi 500kV Transmission line is implemented on the basis of following technical specifications: - Voltage: 500kV - Number of chains: 2 chains. - Length of transmission line: 39.97km - Location of transmission line: at Quoc Oai, Chuong My, Thanh Oai, Thuong Tin districts of Ha Noi city. - Conductor: phased cable ACSR - 4 x 330/43. - Lightning resistant cable: 2 lightning resistant cables: opital fibre cable OPGW 128. - Insulation: using suspending insulator with resonable load, made of pottery, glass or composite; number of insulation bowl is determined depending on the length of insulation distance: 25mm/kV at contaminated area. - Pivotal: Pyramidal pivotal with 4 chains and 2 free vertical chains made of galvanized steel. - Foundation: using pier foundation, steel-enforced concrete slab foundation made on site; using slab foundation across the river. - Ground (elec) : in ray forms, galvanized steel. - Vibration damping for conductor and lightning resistant cable. 1.3. Resettlement Objectives The Resettlement Plan is established for the following objectives: - Involuntary resettlement must be avoided where possible, or be reduced to the lowest possible extent by selecting appropriate design options. - Where involuntary resettlement is unavoidable, the resettlement activities must be prepared and executed with sustainable development programs and sufficiently provided investment supports, enabling displaced people to benefit from the subproject. The displaced people will be fully consulted and allowed to participate in preparatory and implementing activities of Resettlement Plan. - APs must be supported in terms of their capacity to improve their living conditions and to rehabilitate their living standards higher than or at least equal to that before constructing the subproject.
Institute of Energy - IE 11 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan
Chapter 2 :PROJECT IMPACTS
2.1. Identifying Impacts Of The Project 2.1.1. Potential impacts of the Project Thuong Tin – Tay Ha Noi 500kV transmission line lengthens 39.97km. Starting point is 500kV bus of 500kV Tay Ha Noi substation; end point is 500kV bus of 500kV Thuong Tin substation Economic and livelihood conditions are quite similar along ROW. Most of them do agricultural production, small businesses, fruit trees. Project’s locations are not close to or at the environmental sensitive areas such as cultural herigtage; reservation zone or its buffer; inundation territory; forest, outfall…Therefore, Sub- project implementation won’t influence on the environmental sensitive areas. Some other impacts of Sub-project are identified and assessed as follow: a) Impacts on cross infrastructure:Location of transmission line will affect some infrastructures, houses, local fields and gardens. However, at the crosses, solutions will be implemented to ensure the safety and minimize the losses to people under ROW. b) Impacts on land acquisition: total permanently acquisited land area of the Sub-project is 41.751 m2, however, the individually acquisited land area at one pivotal is very low – 417.5 m2/foundation on average. Hence, the economic and social impacts due to project’s compensation and land acquisition are not considerable because the ratio of permanent acquisited land area at each pivotal to productive land area is very low. Within Project’s scope, no household is required to resettle due to Project’s land occupation. This sub-project’s affected area include only: • Tower foundation construction area • Area surrounding Tower foundation during construction period; temporarily affected area during pulling the line – about 26.4m width on average – only applicable to seasonal farming land. Those temporary impacts may occur from one to two months. It is not necessary to acquire land temporarily for construction space due to the use of available roads, alleys, paths and security corridor during construction period. 2.1.2. Determination of affected people (AP) by the subproject Affected people are: • Persons whose productive land is affected in part or in total (permanently or temporarily) by the sub-project; • Persons whose trees and/or crops are affected in part or in total (permanently or temporarily) by the sub-project. According to the survey report of invesment project preparation stage, there is no house or building affected or need to be reallocated due to the subproject's activities. Most of the affected land is agriculture and perenial-land. Summary Results are shown in the following tables:
Institute of Energy - IE 12 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan Table 2.1. Affected households
No. Classification Household People 1 Permanent affection (for foundation) Land loss < 20% total cultivation area 408 1590 Rice-land 408 1590 Residential land 0 0 Total 408 1590 2 Temporary affection
Cultivation land 32 130 Rice-land 31 135 Residential land 37 153 Total 508 2008 Note: One household may fall into more than one impact category. Table 2.2 Number of APs by locations
Permanent affected Temporary affected No. Locality household people household people I Ha Noi city 408 1590 100 418 1 Quoc Oai district 43 177 13 62 Dong Quang c ommune 6 24 4 18 Thach Than c ommune 7 28 1 5 Can Huu c ommune 30 125 8 39 2 Chuong My district 172 627 40 172 Dong Son c ommune 17 53 3 14 Dong Phuong Yen c ommune 10 45 2 9 Phu Nghia c ommune 12 40 6 28 Truong Yen c ommune 36 135 5 23 Tot Dong c ommune 32 130 8 34 Quang Bi c ommune 35 108 8 32 Thuong Vuc c ommune 7 24 1 4 Hoang Dieu c ommune 23 92 7 28 3 Thanh Oai district 120 494 23 93 Thanh Mai c ommune 28 84 7 31 Thanh Cao c ommune 10 42 2 9 Tam Hung c ommune 33 172 5 19 Do Dong c ommune 23 92 6 23 Thanh Van c ommune 26 104 3 11 4 Thuong Tin district 73 292 24 91 Tien Phong c ommune 52 208 13 53 Van Phu c ommune 21 84 11 38
Institute of Energy - IE 13 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan
Permanent affected Temporary affected No. Locality household people household people Total 408 1590 100 418 Note: This surveying data was collected in 08/2014. Those data will be updated through detailed measure and inventory after setting out; Table 2.3: Number of APs by Impacted Categories No. Type of affection Household People
Temporary impacted of cultivated land 32 130 1
Temporary impacted of rice land 31 135 2
Permanent impacted due to foundation 408 1590 3
Impacted of residence land 37 153 4
Note: please see Appendix 2. Entitlement Matrix for the details of Entitlement, Compensation Policy, and Implementation Issues 2.2. Types of the subproject impacts The subproject can cause some impacts as: Permanent impacts: - Productive land acquisition for tower foundations. - Cut down trees on permanently acquired land. - All houses and structures in the ROW of 500kV T/Ls will not exist according to regulations in Decree No.14/2014/ND-CP of the Government. Temporary impacts: - Restricting usability of land in the ROW for safety of the overhead line and temporarily affected by construction activities. - Cut down trees, crops in the ROW for construction activities. The subproject does not impact on public structures and business. 2.2.1. Permanently Affected Productive Land Table 2.4: Permanently Affected Productive Land Area (due to construction of foundation pivotal) Land type (m2) No Locality Area (m2) Rice Perennial Pond I Ha Noi city 41751 41751 0 0 1 Quoc Oai district 4657 4657 0 0 Dong Quang c ommune 1385 1385 0 0 Thach Than c ommune 700 700 0 0 Can Huu c ommune 2572 2572 0 0
Institute of Energy - IE 14 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan
Land type (m2) No Locality Area (m2) Rice Perennial Pond 2 Chuong My district 17558 17558 0 0 Dong Son c ommune 1326 1326 0 0 Dong Phuong Yen c ommune 1020 1020 0 0 Phu Nghia c ommune 2062 2062 0 0 Truong Yen c ommune 3162 3162 0 0 Tot Dong c ommune 2773 2773 0 0 Quang Bi c ommune 3556 3556 0 0 Thuong Vuc c ommune 576 576 0 0 Hoang Dieu c ommune 3082 3082 0 0 3 Thanh Oai district 11383 11383 0 0 Thanh Mai c ommune 2647 2647 0 0 Thanh Cao c ommune 1060 1060 0 0 Tam Hung c ommune 3112 3112 0 0 Do Dong c ommune 2268 2268 0 0 Thanh Van c ommune 2296 2296 0 0 4 Thuong Tin district 8154 8154 0 0 Tien Phong c ommune 4179 4179 0 0 Van Phu c ommune 3975 3975 0 0 Total 41751 41751 0 0 2.2.2. Temporarily Affected Productive Land Temporarily Affected Productive Land is defined as land area within ROW minus the permanently affected productive land due to construction and foundation pier and state’s land area Table 2.5: Temporarily Affected Productive Land Area Land type (m 2) No. Locality Rice Annual plant Pond Perenial plant Household Road I Ha Noi city 91015.7 2712.0 0.0 22384.2 2023.5 0.0 1 Quoc Oai district 9343.4 600.0 0.0 2380.0 20.0 0.0 Dong Quang commune 215.4 120.0 0.0 280.0 0.0 0.0 Thach Than commune 1680.0 180.0 0.0 420.0 20.0 0.0 Can Huu commune 7448.0 300.0 0.0 1680.0 0.0 0.0 2 Chuong My district 45726.1 0.0 0.0 10360.0 356.0 0.0 Dong Son commune 4404.7 0.0 0.0 952.0 117.0 0.0 Dong Phuong Yen commune 2420.0 0.0 0.0 560.0 0.0 0.0 Phu Nghia commune 3374.0 0.0 0.0 896.0 68.0 0.0 Truong Yen commune 7932.6 0.0 0.0 1820.0 85.0 0.0 Tot Dong commune 11247.2 0.0 0.0 2287.6 32.0 0.0 Quang Bi commune 9693.2 0.0 0.0 2158.8 12.0 0.0 Thuong Vuc commune 2204.5 0.0 0.0 457.5 30.0 0.0 Hoang Dieu commune 4449.9 0.0 0.0 1228.1 12.0 0.0
Institute of Energy - IE 15 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan
Land type (m 2) No. Locality Rice Annual plant Pond Perenial plant Household Road 3 Thanh Oai district 29019.5 416.0 0.0 6712.8 417.5 0.0 Thanh Mai commune 5703.9 416.0 0.0 1489.6 383.5 0.0 Thanh Cao commune 3308.8 0.0 0.0 711.2 0.0 0.0 Tam Hung commune 6736.8 0.0 0.0 1607.2 24.0 0.0 Do Dong commune 5223.6 0.0 0.0 1221.2 10.0 0.0 Thanh Van commune 8046.4 0.0 0.0 1683.6 0.0 0.0 4 Thuong Tin district 6926.7 1696.0 0.0 2931.3 1230.0 0.0 Tien Phong commune 3728.5 1696.0 0.0 1724.5 990.0 0.0 Van Phu commune 3198.2 0.0 0.0 1206.8 240.0 0.0 Total 91015.7 2712.0 0.0 22384.2 2023.5 0.0
2.2.3. Affected Trees, Crops and Livestocks Table 2.6: Affected perennial trees and crops within ROW Plant type Gum No. Locality Rice Fruit-tree Others tree (m2) (pcs) (pcs) (pcs) I Ha Noi city 91015.7 1112.0 11.0 86 1 Quoc Oai district 9343.4 115.0 0.0 0.0 Dong Quang c ommune 215.4 0.0 0 9 Thach Than c ommune 1680.0 115.0 0 11 Can Huu c ommune 7448.0 0.0 0 19 2 Chuong My district 45726.1 53.0 11.0 16.0 Dong Son c ommune 4404.7 0.0 0 0 Dong Phuong Yen c ommune 2420.0 0.0 0 0 Phu Nghia c ommune 3374.0 0.0 0 0 Truong Yen c ommune 7932.6 0.0 0 0 Tot Dong c ommune 11247.2 0.0 0 0 Quang Bi c ommune 9693.2 0.0 11 0 Thuong Vuc c ommune 2204.5 0.0 0 0 Hoang Dieu c ommune 4449.9 53.0 0 16 3 Thanh Oai district 29019.5 944.0 0.0 31.0 Thanh Mai c ommune 5703.9 944.0 0 31 Thanh Cao c ommune 3308.8 0.0 0 0 Tam Hung c ommune 6736.8 0.0 0 0 Do Dong c ommune 5223.6 0.0 0 0 Thanh Van c ommune 8046.4 0.0 0 0 4 Thuong Tin district 6926.7 0.0 0.0 0.0 Tien Phong c ommune 3728.5 0.0 0 0 Van Phu c ommune 3198.2 0.0 0 0 Total 91015.7 1112.0 11.0 86.0
Institute of Energy - IE 16 Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan
2.2.4 Impacts on houses and structures: As prescribed by Decree No. 14/2014/ND-CP (previously Decree No. 106/2005/ND-CP), houses and similar structures can exist under the 220 kV transmission line’s ROW but are not allowed under the 500 kV transmission lines. Table 2.7.Area of the permanently affected houses and structure (residence land) in ROW TT Local Area I Ha Noi city 2023.5 1 Quoc Oai district 20 Dong Quang commune 0 Thach Than commune 20 Can Huu commune 0 2 Chuong My district 356 Dong Son commune 117 Dong Phuong Yen commune 0 Phu Nghia commune 68 Truong Yen commune 85 Tot Dong commune 32 Quang Bi commune 12 Thuong Vuc commune 30 Hoang Dieu commune 12 3 Thanh Oai district 417.5 Thanh Mai commune 383.5 Thanh Cao commune 0 Tam Hung commune 24 Do Dong commune 10 Thanh Van commune 0 4 Thuong Tin district 1230 Tien Phong commune 990 Van Phu commune 240 Total 2023.5 Table 2.8. Amount of permanently affected houses and structures
TT Content Unit Quantity 1 Temporary houses and auxiliary easement house 3 2 House on stilts house 0 3 Fourth level house house 29 4 Permanent house house 5 5 Other structures 0 6 Affected households Households 37 7 Affected people People 153 Due to houses and structures are not allowed under the 500 kV transmission lines. Thus, 37 households will be lost permanently residence land and relocated. The project owner will
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Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan discuss with local authority to reach an agreement for alternate resettlement plan with neighboring residential area. It means the project will implement scattered resettlement plan.
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Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan
Chapter 3 : LEGAL FRAMEWORK AND ENTITLEMENTS OF APs
Legislation and policies applicable for implementation of compensation and resettlement include (i) policies of World Bank; (ii) existing policies on compensation, assistance, resettlement of the Government of Vietnam; and (iii) procedures on compensation, assistance and resettlement of local government (Ha Noi capital). 3.1. Legal framework 3.1.1. The Legal Framework of the Government of Vietnam The Legal Framework of the Government of Vietnam: For public investment projects using domestic budget, principles and policies on land acquisition, compensation and resettlement arrangement are stipulated by the Government on the basis of laws, decrees and decisions by the Government on land acquisition, compensation and resettlement, including the following:
The Constitution of Vietnam 2013 The Land Law 2013, issued on July 1st, 2014 . Decree 44/2014/ND-CP issued on May 15th, 2014 on methods for land pricing, adjustment to land price brackets and land price lists, specific land pricing and provision of consultancy on land pricing. Decree 43/2014/ND-CP dated May 15th, 2014 of the Government on detailing a number of articles of the Land Law Circular 74/2015/TT-BTC (effective from July 1st, 2015) issued on April 16th, 2010 prescribing the estimation, use and settlement of funds for compensation, support and resettlement upon recovery by the State Circular No.36/2014/TTLT-BTNMT-BTC dated 30 June 2014 issued by the Ministry of Natural Resource promulgates a Circular on land pricing method; compilation of and adjustment to land price lists; determination of specific land prices and consultancy on land pricing. Decision No. 1956/2009/QD-TTg, dated November 17 2009, by the Prime Minister approving the Master Plan on vocational training for rural labors by 2020 Decision No. 52/2012/QD-TTg, dated November 16 2012, on the support policies on employment and vocational training to farmers whose agricultural land has been recovered by the State The Electricity Law 2004, no. 28/2004/QH11, ratified on December 3rd, 2004 Law No. 24/2012/QH13 dated November 20, 2012 of the National Assembly amending and supplementing a number of articles of the Electricity Law. Decree 14/2014/ND-CP (and its associated guiding circulars) dated on Febr ủay 20th, 2014, regulates details to the Electricity Law regarding safety protection for high-voltage power networks. Circular 03/2010/TT-BCT dated on January 22, 2010 of Ministry of Industry and Trade, regulating a number of articles under decrees 106/2005/ND-CP and decree 81/2009/ND-CP The current regulations on implementation of compensation, assistance and resettlement of local government are appliedin the RP of this subproject, including: Decision No.96/2014/QD-UBND on December 29, 2014 of Ha Noi People’s Committee, stipulating unit price of land types in region of Ha Noi city for periods from January 1, 2015 to December 31, 2019);
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Announcement No. 7756/STC-BG dated December 30st, 2014 of Hanoi Department of Finance on “Compensation price units for trees, crops, livestocks on the cleared land at Ha Noi city in 2015”. 3.1.2. World Bank Policy on Involuntary Resettlement (OP/BP 4.12) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs; Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Project affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; Project affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. 3.1.3. Compatibilities of GOV and WB Approaches and Required Waivers Recent Laws, Decrees and Regulations states the close consistences of Viet Nam Government’s resettlement policies and practices with the World Bank's resettlement policies. The differences between the Government's Laws, Decrees, World Bank Policy with regard to resettlement and compensation, and how to address these gaps are shown in Table 3.1 Table 3.1 . Differences between the Government’s Laws, Decrees, World Bank Policty, and TEP’s policy
Subjects Bank’s OP 4.12 Government of Project Vietnam Measures Land Property Policy objectives APs should be assisted in Resettlement site and its Livelihoods and their efforts to improve infrastructure should income sources will their livelihoods and have equal or better be restored in real standards of living or at development conditions terms, at least, to the least to restore them, in than the existing one. pre-displacement real terms, to pre- levels or to levels displacement levels or to prevailing prior to the levels prevailing prior to beginning of project the beginning of project implementation, implementation, whichever is higher. whichever is higher Support for affected Financial assistance to Financial assistance Financial assistance households who all project affected provided at different of an agreed amount have no recognizable persons to achieve the levels depending on the will be given to all legal right or claim policy objective (to “legal” status of AP s, regardless of to the land they are improve their livelihoods affected persons their legal status, occupying and standards of living or until their livelihoods at least to restore them, in and standards of real terms, to pre- living restore in real displacement levels or to terms, at least, to pre- levels prevailing prior to displacement levels. the beginning of project implementation, whichever is higher) Compensation for Compensation at full Provided to cover the Compensation at full illegal structures cost for all structures new structure costs. replacement cost will
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Subjects Bank’s OP 4.12 Government of Project Vietnam Measures regardless of legal status Depending on the be given for all of the AP’s land and “illegality status” structures affected, structure. attributed , covering regardless of legal between 80% and 0% of status of the land and the total costs structure. Compensation Methods for Compensation for lost Compensation for lost Independent determining land and other assets assets is calculated at appraiser identifies compensation rates should be paid at full price close to replacement costs for replacement costs, transferring the assets in all types of assets local markets or the cost affected. Provincial of newly-built government will use
structures. Provincial this assessment to governments are granted establish the to annually set up compensation rates at compensation prices for full replacement. different categories of assets Compensation for Loss of income sources Assistance in respect of All income losses are loss of income should be compensated income loss is given to be compensated sources or means of (whether or not the only for registered and, where necessary livelihood affected persons must businesses. For affected to achieve the move to another location) persons losing objectives of the agricultural land, policy, development additional financial assistance in addition support will be provided. to compensation will be provided. Compensation for It is good practice for the Not addressed. Social assessment indirect impact borrower to undertake a has been undertaken caused by land or social assessment and and measures structures taking implement measures to identified and being minimize and mitigate implemented to adverse economic and minimize and social impacts, mit igate adverse particularly upon poor impacts, particularly and vulnerable groups. upon poor and vulnerable groups. Livelihood Provision of livelihood Livelihood restoration Provision of restoration and restoration and assistance and assistance measures livelihood restoration assistance to achieve the policy are provided. No follow- and assistance objectives. up for full livelihood measures to achieve restoration after the policy objectives. resettlement completion. These will be monitored as detailed in the RP Consultation and Participation in planning Limited mostly to Consultation and disclosure and implementation, information sharing and participation specially confirming the disclosure incorporated into RP eligibility criteria for design, along with compensation and information sharing assistance, and access to with APs and Grievances Redress stakeholders. Priority will be given to the Institue of Energy - IE Page 21
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Subjects Bank’s OP 4.12 Government of Project Vietnam Measures Mechanisms participation of women in the consultation processes Grievance redress mechanism
Grievance redress The same governmental Independent mechanism should be body makes decisions on Grievance and independent compensation and Redress mechanisms resettlement, and also are to be established, handles grievances at the built on the existing first step; governmental system, with monitoring by an independent monitor Monitoring & Evaluation
Internal and independent There is no explicit Both internal and monitoring are required requirements on external monitoring, including (independent) both internal and monitoring is to be independent (external) regularly maintained monitoring (on a monthly basis for internal and bi- annual basis for independent monitoring). An end- of-project report will be done to confirm whether the objectives of OP 4.12 were achieved. 3.1.4 Compatibility of the Government and the WB Approaches and Require Wavers: To satisfy WB OP/BP 4.12 policy on Involuntary Resettlement, articles in the laws and regulations of Vietnam that do not guarantee the APs’ right to compensation at replacement costs, or eligibility articles that do not extend the right of being restored and/or assisted to households without valid land papers, or otherwise limit the compensation required by WB OP/BP 4.12, will not apply. The requirements of WB OP/BP 4.12 will fully apply in all cases. This is in accordance with Decree No.38/2013/ND-CP, which states that in case of discrepancy between any provision in an international treaty on Official Development Assistance, to which the Socialist Republic of Viet Nam is a signatory, and the Vietnamese Law, the provision in the international treaty on ODA shall take precedence. 3.2 Compensation Policy 3.2.1 Genaral Principles All APs who have assets within or reside within the area of project land-take before the cut-off date are entitled to compensation or assistance for their losses. Those who have lost their income and/or subsistence will be eligible for livelihood rehabilitation assistance, based
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Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan on the criteria of eligibility defined by the project and in consultation with the APs. 1 If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, additional measures should be considered. - The compensation rates will be determined based on the results of independent land/assets appraisal in a timely and consultative fashion. All fees and taxes on land and/or house transfers will be waived or otherwise included in a compensation package for land and structures/houses or businesses. The local authorities will ensure that APs choosing relocation on their own obtain, without additional cost, the necessary property titles and official certificates commensurate with similar packages provided to those who choose to move to the project resettlement sites; - Land will be compensated “land for land” or in cash according to the AP’s choice whenever possible. The choice of land for land must be offered to those losing 20% or more of their productive land. If land is not available, the borrower must assure itself that this is indeed the case. Those losing 20% or more of their land will have to be assisted to restore their livelihood. The same principles apply for the poor and vulnerable people losing 10% or more of their productive landholding; - APs that prefer “land for land” will be provided with land plots with the equivalent productive capacity for lost lands or a combination of land (a standard land plot) in a new residential area nearby for residential land, and cash adjustment for the difference between their lost land and the land plots provided. The resettlement area will be planned properly and implemented in consultation with the APs. All basic infrastructures, such as paved roads, sidewalks, drainage, water supply, and electricity and telephone lines, will be provided; - APs that prefer “cash for land” will be compensated in cash at the full replacement cost. These APs will be assisted in rehabilitating their livelihoods and making their own arrangements for relocation; - Compensation for all residential, commercial, or other structures will be offered at the replacement cost, without any depreciation of the structure and without deduction for salvageable materials. Structures shall be evaluated individually. Any rates set by category of structure must use the highest value structure in that group (not the lowest); - The APs will be provided full assistance (including a transportation allowance) for transportation of personal belongings and assets, in addition to the compensation at replacement cost of their houses, lands, and other properties; - Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the APs (with particular attention to vulnerable APs), to minimize the disturbance and shorten the resettlement transition period. The rehabilitation measures will be provided to the AP's prior to the expected start-up date of works in the respective project sites; - If, by the end of the project, livelihoods have been shown not to be restored to pre- project levels, additional measures should be considered; - Financial services (such as loans or credits) will be provided to APs, if necessary. The installment amounts and the schedule of payments will be within the repayment capacity of APs; - Additional efforts, such as economic rehabilitation assistance, training and other forms
1 Voluntary donation might be allowed for some types of lending projects, e.g., CDD projects, where there are those who may choose to voluntarily contribute affected land for the project construction. A procedure for determining and documenting the voluntary nature of the contribution should be set up and be clearly documented in the RP.
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of assistance, should be provided to APs losing income sources, especially to vulnerable groups in order to enhance their future prospects toward livelihood restoration and improvement; - The previous level of community services and resources, encountered prior to displacement, will be maintained or improved for resettlement areas; - Contractors can only commence civil works after (i) the governmental competent agency has satisfactorily completed compensation payments and rehabilitation assistances in accordance to approved RP for that sub-project; (ii) already-compensated APs have cleared the area in a timely manner; and (iii) the area is free from any encumbrances. Temporary Resettlemen: Relocation of any households more than once should be avoided, because it leads to APs being impacted twice or more and will slow down the livelihood restoration time. If it must happen, these households should be considered for additional benefits as they have been impacted twice. If the implementing agency has verified that temporary resettlement is unavoidable for such reasons as the final resettlement is subject to the temporary resettlement (e.g., construction of the resettlement site will not take place until the APs are temporarily relocated) and an implementation plan for the final resettlement is agreed by the APs and approved by District People’s Committee (APC) or Provincial People’s Committee (PPC) and the Bank, then an additional assistance package is offered 3.2.2 Policies on compensation, assistance and resettlement applied to the subproject 3.2.2.1 Compensation for Loss of Agricultural Land 1) Legal and Legalized Land Users If the lost area represents less than 20% of a Household’s (HH’s) land holding (or less than 10% for poor and vulnerable groups), and the remaining area is economically viable, compensation in cash will be at 100% replacement cost for the lost area. If the lost area represents 20% or more of the HHs’ land holding, (or 10% or more for the poor and vulnerable groups) or the remaining area is economically not viable, then “land for land” compensation should be considered as the preferred option. a. If no land is available, then implementing agencies (IAs) must demonstrate this to the World Bank’s satisfaction before proceeding. b. If land is not available, or if the AP prefers cash compensation, then cash compensation will be provided for the lost area at 100% of land replacement cost, and the AP will be provided with rehabilitation measures to restore the lost income sources, such as agricultural extension, job training, credit access, provision of non-agricultural land at a location appropriate for running off-farm business or services. c. If the APs wish, and there is land of similar value elsewhere, the project should also assist these APs to visit these areas and help with legal transactions should they wish to acquire them. d. For agricultural land lying intermixed with residential areas, and garden and pond land lying adjacent to residential areas, apart from compensation at the price of agricultural land having the same use purpose, monetary support shall also be provided; with the prices for such support being equal to between 50% and 70% of the prices of adjacent residential land; and with the specific support levels being decided by the Provincial People's Committees (PPC) to suit local conditions.
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2) Users with temporary or leased rights to use communal/public land (APs who rent communal or public land) Cash compensation at the amount corresponding to the remaining investment put on the land or corresponding to the remaining value of the land rental contract, if it exists. For APs currently using land assigned by State-owned agricultural or forestry farms on a contractual basis for agricultural, forestry, or aquaculture purposes (excluding land under special use forests and protected forests), compensation shall be provided for investments made on the land, but not for the land itself, and these APs may also receive additional support according to the following provisions: a. Additional monetary support shall be provided for APs that receive land on a contractual basis and are public employees or workers of State-owned agricultural or forestry farms, or who are former employees of such farms and who are now receiving an allowance related to their former employment. The highest level of additional monetary support shall be equal to the price of land to be compensated, calculated on the basis of the value of the affected land area which shall, however, not exceed the local agricultural land assignment limits. The PPC shall decide on the specific support levels to suit the local conditions but the additional monetary support shall not be less than 70% of the compensation value for the land actually acquired. b. Where APs receive land on a contractual basis but are other than the individuals specified at (a) above, they shall only receive compensation for investments made on the land. 3) Land Users without formal or customary recognized rights to the affected land Instead of compensation, these APs will receive rehabilitation assistance up to 100% of the land value in cash. APs will be entitled to rehabilitation measures mentioned above to ensure their living standards are restored. In case the land is rented through civil contract between individuals, households, or organizations, then the compensation for crops, trees, or aquaculture products will be paid to the affected land users and the project client shall assist the renter to find similar land to rent. In cases when APs utilize public land (or protected areas), with an obligation to return the land to the Government when requested, the APs will not be compensated for the loss of use of the land. However, these APs will be compensated for crops, trees, structures and other assets they own or use, at full replacement cost. Although they cannot reside in such public safety- hazard areas, if access has not been denied previously through well-documented signs and such things as fences, the social and baseline assessment should consider if such a physical impediment (like a newly restricted public safety area) is causing loss of livelihood due to people no longer being able to get to jobs and other assets associated with their subsistence as a result of restricted safety zone definition, which may for example add significant cost to traveling from home to business, schools, etc. 3.2.2.2 Compensation for Loss of Residential Land 1) Losing of residential land without associated structures:Compensation for loss of land in cash at replacement cost to legal and/or “legalizable” land users. For land users who have no recognizable land use right, financial assistance of an agreed amount will be provided. The amount will be determined by the respective Provincial People’s Committee.
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2) Loss of residential land with associated structures and the remaining land is sufficient to rebuild the structure (reorganizing AP): Compensation for loss of land will be made in cash at (i) full replacement cost for legal and legalizable land users; (ii) Financial assistance of an agreed amount will be provided to land userswho do not have recognizable landuse rights. If APs have to rebuild their houses, they will be provided with a rental allowance for a period of 3 months while their houses are being rebuilt. 3) Loss of residential land with associated structures and the remaining land is insufficient to rebuild the structure (relocating AP):other than specific provisions listed below, in case where relocated APs belong to vulnerable groups, the project will consider providing them with additional assistance (in cash and kind) to ensure that they can afford to relocated to a new site. - For APs who have legal or legalizable rights to the affected land: + A land plot of equivalent size and quality, in a well-developed resettlement site. Where land is not available, an apartment will be provided to the AP. The will be done in consultation with the AP. Full ownership title to the land or apartment will be given at no cost to the AP. Or, + On request of and with full consultation with the AP, cash compensation at full replacement cost, plus the amount equivalent to the value of the infrastructure investments calculated as an average for each household in a resettlement site. In this case, the household will be expected to relocate themselves. In the event that the compensation (or assistance) amount accounts less than the cost of a land plot in the project’s resettlement site, APs will be supported with the difference required for the acquisition of the land plot. If a land plot in the project resettlement site is not the chosen AP’s option, cash assistance will be provided equivalent to difference required to acquire a chosen land plot. - APs who do not have formal or customary rights to the affected land: + An identified assistance amount will be provided based on the level of legality of the land and on a case by case basis. + If the AP has no place to move, a land plot or an apartment satisfactory to them will be provided in the resettlement site. 3.2.2.3 Compensation Policy for Loss of Houses/Structures Houses Compensation or assistance in cash will be made for all affected private-owned houses/structures, at 100% of the replacement costs for materials and labor, regardless of whether or not they have title to the affected land or a construction permit for the affected structure. The compensation will be sufficient to rebuild the affected house/structure of the same quality. As per OP 4.12 cash compensation will be at full replacement cost in local markets. No deductions will be made for depreciation or salvageable materials. If the house/structure is partially affected, a financial assistance will be provided to enable APs to repair the affected house/structures to restore it to the former condition, or better, at no additional cost to them. Graves Compensation for the removal of graves/ tombs will include the cost of excavation, relocation, reburial and other related costs which are necessary to satisfy customary requirements. Compensation in cash will be paid to each affected family or to the affected group as a whole as is determined through a process of consultation with the affected Institue of Energy - IE Page 26
Tay Ha Noi - Thuong Tin 500kV Transmission Line Resettlement Plan community. The level of compensation will be decided in consultation with the affected families/communities. Household and individual graves are considered physical cultural resources (PCR) and even though the costs associated with their relocation may be covered in the resettlement plan, the WB OP 4.11 on Physical Cultural Resources should be triggered and relevant cross references should be made to the Environmental Management Plan or project implementation manual. Tenants The tenants of state or organization’s houses will be: (i) entitled to rent or buy a new apartment of the area at least equal to their affected one if they/he/she have a demand for; or (ii) provided an assistance equal 60% of replacement cost of the affected land and houses. The structure created by the APs themselves will be compensated at their full replacement costs. The tenants who are leasing a private house for living purposes will be provided with transportation allowance for moving assets, as well as will be assisted in identifying alternative accommodation. 3.2.2.4 Compensation Policy for Loss of Standing Crops and Trees For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to the affected persons, who cultivate the land, according to the full market value of the affected crops and/or at replacement cost for affected perennial trees. Regarding the removable affected trees, the compensation will be equal the transportation cost plus actual loss. Perennial crops will be compensated for at the calculated value of their life time productivity. 3.2.2.5 Compensation Policy for Loss of Income and/or Business/Productive Assets For APs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be: - The registered non-farm producer/business APs, who have income-generating and/or business/productive assets affected, will be given cash business assistance for the loss of business income, equivalent to 50% of the annual average for the last 3 years net income. (This amount is equivalent to 100% of monthly net income for 6 months). - The non-registered business or non-farm producer APs, whose operations are recognized by local authority and who have income and/or business/productive assets affected, will be given assistance in cash for the income losses for three months at the minimum - If the business has to be relocated, then, a priority to provide a replacement business site accessible to customers, or, compensation in cash for the affected area at a replacement cost, plus transportation allowance to remove movable attached assets. If there is no land available, then the business/non-farm producer APs will be entitled for rehabilitation measures such as job training, credit access to help restore the income sources. 3.2.2.6 Compensation Policy for Temporary Impact during Construction In the event of temporary impact during construction, APs are entitled to the following: - Compensation for all affected assets/investments made on the land, including trees, crops etc., at full replacement cost; - Cash compensation for land temporarily acquired in the form of rent which is at least equivalent to the net income that would have been derived from the affected property during the period of disruption; 3.2.2.7 Damages to Private or Public Structures
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Damaged property by contractor will be restored by contractors immediately at full replacement value, after completion of civil works, to its former condition. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the Project. Compensation for loss of community assets : In cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems is damaged, the project will ensure that these will be restored or repaired at no cost for the community and to the community’s satisfaction. 3.2.2.8 Secondary APs This applies to those affected by development of individual resettlement or group resettlement sites. Because all secondary APs are likely to be affected in similar ways as primary ones, they will be entitled to compensation and rehabilitation assistance in accordance with the same respective provisions for all other APs. 3.2.2.9 Allowances and Rehabilitation Assistance Besides the compensation for affected assets, APs will be provided with financial assistance to cover their expenses during the transition period. The assistance levels will be adjusted, taking into account inflation factor and price increase to be appropriate to the payment time. These will be detailed in the RP. They include, but are not limited to: - Transportation allowance will be given to relocating APs. The amount will be determined by local authority - House renting allowance or temporary accommodation will be provided for relocating APs during the time whenthe APs are waiting for the land plot or apartment to be ready plus for the period of building the new house. - Removal Support: Organizations and APs that are allocated or leased land by the state or are lawfully using land and have to relocate their productive and/or business establishments are entitled to financial support for dismantling, relocating and re- installation of the establishment. Support levels will be determined by actual costs at the time of removal, based on self-declaration of the organizations and verification by the agency in charge of compensation. This will then be submitted to the relevant authorities for approval. - Subsistence allowance for relocating: All APs (i) relocating within province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 03 months; (ii) relocating out of province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 06 months; (iii) who are in a severe socioeconomic difficulty or who relocating to areas of socioeconomic difficulty shall be receive cash allowance equal to 30 kg of rice per month in uninterrupted 12 months. - Support for living stabilization: (a) APs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with the amount equivalent to 30 kg of rice/person/month for 6 months if they do not have to relocate and 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (b) APs losing more than 70% of their agricultural landholding will be assisted for 12 months if they do not have to relocate and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided upto a maximum of 36 months; (c) Households affected by loss of less than 20% of land, where the remain ing land is rendered unviable for continued use, will be assisted with the above support plus any
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additional support as determined, for a period of 12 months. In case of land-for-land compensation, APs will be assisted with seedlings, agricultural-forestry extension programs, husbandry etc. - Support for job changing (with several options provided depending on the interest of the APs): The support amount is 2-5 times of the agricultural land price for the whole acquired agricultural area but not exceeding the local land allocation limit at the moment of handing over land. - Support for training, apprenticeships on vocational training establishments in the province and exemption from tuition fees for the training courses for those of working age (not applicable for those who enroll for a vocational training outside the province). After finishing training courses, they will be given priorities to be recruited in local manufacturers/businesses. - Support for the poor and vulnerable groups: Additional support will be provided to the poor and vulnerable groups to ensure they will be able to restore the losses and livelihood at least at pre-project level - Other rehabilitation measures as agricultural extension services, job training and creation, credit access, non-farm land allocation for non-farming business/activities, and/or other measures as appropriate will be given to APs losing major income sources to ensure their livelihood is restored to the pre-project level. - Relocation bonus: A bonus of maximum 5 million VND will be awarded to APs who dismantle their houses and vacate their premises in accordance with the resettlement schedule.
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Chapter 4 :COMPENSATION, ASSISTANCE AND RESETTLEMENT PLAN
4.1. Compensation Cut-off date : The cut-off date has been fixed during the socio-economic survey and inventory in March 31, 2015. The cut-off date has been notified to the competent local authorities when working with the locality performing public consultation. Encroachers who settled into the proposed affected area after the cut-off date will have no entitlement to compensation and resettlement. They will be required to demolish their structure and cut the trees or harvest their crops for land clearance to the project. Nevertheless, they do not have to pay any fine or sanction. The cut-off date and the provision of 'no compensation for encroachers' have been clearly declared in the community meetings. Replacement cost: in this subproject, the losses consist only of lands, trees and crops. The survey results show that TLs are constructed in rural areas where most local people do agricultural production (rice, secondary crops) and forest plantation with long-term stability. In these areas local people have not virtually traded land, trees or crops (in most cases, local households transfer their land ownership to their children, relatives). The compensation unit prices for land, trees and crops have been discussed with local governments (Quoc Oai, Chuong My, Thanh Oai, Thuong Tin district – Ha Noi city). Compensation unit prices will be in line with price frame issued by Provincial PC, specifically: Decision No.96/2014/QD-UBND on December 29, 2014 of Ha Noi People’s Committee, stipulating unit price of land types in region of Ha Noi city for periods from January 1, 2015 to December 31, 2019); Announcement No. 7756/STC-BG dated December 30st, 2014 of Hanoi Department of Finance on “Compensation price units for trees, crops, livestocks on the cleared land at Ha Noi city in 2015”. It is understood that such unit prices for land are used in this RP just for the sake of cost estimate (during the time of this RP preparation) only. By the time of actual RP implementation (expected during 2014), the compensation unit prices for land will be recalculated to ensure that AP will be compensated at the replacement costs for their losses. 4.1.1. Compensation Unit Prices for Land Table 4.1: Compensation Unit Prices for Permanent Affected Land Price unit (dong/m2) No Locality Agricultural Note Perennial land I Ha Noi city Decision No.96/2014/QD- UBND on December 29, 1 Quoc Oai district 2014 of Ha Noi People’s 1.1 Dong Quang c ommune 158,000 135,000 Committee 1.2 Thach Than c ommune 158,000 135,000
1.3 Can Huu c ommune 158,000 135,000 2 Chuong My district
2.1 Dong Son c ommune 158,000 135,000 2.2 Dong Phuong Yen c ommune 158,000 135,000 2.3 Phu Nghia c ommune 158,000 135,000
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2.4 Truong Yen c ommune 158,000 135,000 2.5 Tot Dong c ommune 158,000 135,000 2.6 Quang Bi c ommune 158,000 135,000 2.7 Thuong Vuc c ommune 158,000 135,000 2.8 Hoang Dieu c ommune 158,000 135,000 3 Thanh Oai district
3.1 Thanh Mai c ommune 158,000 135,000 3.2 Thanh Cao c ommune 158,000 135,000 3.3 Tam Hung c ommune 158,000 135,000 3.4 Do Dong commune 158,000 135,000 3.5 Thanh Van c ommune 158,000 135,000 4 Thuong Tin district 4.1 Tien Phong c ommune 158,000 135,000 4.2 Van Phu c ommune 158,000 135,000 Note: Above list of land price is average price at all communes/towns/ wards. In case of maintaining land use purpose (houses or buildings acceptable in Security Corridor) but limitation of usage, compensation is still made based on actual loss. 4.1.2. Compensation for trees, crops, livestocks Compensation for trees, crops and livestocks applicable for the permanently acquired land for foundation pivotal construction, acquired aquatic production land area and affected trees during construction period. Table 4.2: Compensation price units for eligible trees, crops and livestocks No Plant type Unit Price Note Hanoi city I Announcement No. 7756/STC-BG Rice m2 10,000 dated December 30st, 2014 of Fruit tree pcs 150,000 Hanoi Department of Finance Gum tree pcs 80,000 4.2. Assistance Besides the direct compensation for the losses, the directly affected persons will also be supported in line with the regulations. Those assistance is: 4.2.1. Job switch and employment generation Table 4.3: Price Units for job switch and employment generation Price unit (dong/m 2) No Locality Agricultural Note Perenial land I Ha Noi city 5 times of land compensation cost 1 Quoc Oai district (Estimate). 1.1 Dong Quang c ommune 790,000 675,000
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1.2 Thach Than c ommune 790,000 675,000
1.3 Can Huu c ommune 790,000 675,000 2 Chuong My district
2.1 Dong Son c ommune 790,000 675,000 2.2 Dong Phuong Yen c ommune 790,000 675,000 2.3 Phu Nghia c ommune 790,000 675,000 2.4 Truong Yen c ommune 790,000 675,000 2.5 Tot Dong c ommune 790,000 675,000 2.6 Quang Bi c ommune 790,000 675,000 2.7 Thuong Vuc c ommune 790,000 675,000 2.8 Hoang Dieu c ommune 790,000 675,000 3 Thanh Oai district
3.1 Thanh Mai c ommune 790,000 675,000 3.2 Thanh Cao c ommune 790,000 675,000 3.3 Tam Hung c ommune 790,000 675,000 3.4 Do Dong c ommune 790,000 675,000 3.5 Thanh Van c ommune 790,000 675,000 4 Thuong Tin district 4.1 Tien Phong c ommune 790,000 675,000 4.2 Van Phu c ommune 790,000 675,000 4.2.2. Assistance to relocation household Within Security Corridor, 37 households will be removed. The details of these households have been shown in section 2.2.4 of this report. These households will be received assistance cost (expected) as follow: Table 4.4: Assistance to relocation households in ROW Assistance cost (expected) Unit Quantity Unit Price 1,236,277,892 Relocation assisstance (if any) house 37 10,000,000 370,000,000 Support for life and production stabilization (30kg of rice/person/12 months) person 153 5,400,000 826,200,000 Bonus for households moving on schedule % 0.2% 20,038,945,852 40,077,892 Relocation cost (if any) house 37 50,000,000 1,850,000,000
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4.3. Total compensation costs for the sub- project Table 4.5: Total compensation cost (VND) Compensation for permanent affection Assistance Compensation for No Locality Plant temporary House under Total cost Land compensation Work creation compensation affection transmission line
I Ha Noi city 5,636,450,178 417,510,000 1,082,137,000 28,182,250,890 4,530,029,350 39,848,377,418 1 Quoc Oai district 628,640,730 46,570,000 112,634,000 3,143,203,650 46,122,000 3,977,170,380 Dong Quang c ommune 186,918,948 13,850,000 2,604,000 934,594,740 0 1,137,967,688 Thach Than c ommune 94,500,000 7,000,000 34,600,000 472,500,000 46,122,000 654,722,000 Can Huu c ommune 347,221,782 25,720,000 75,430,000 1,736,108,910 0 2,184,480,692 2 Chuong My district 2,370,314,448 175,570,000 466,891,000 11,851,572,240 805,227,600 15,669,575,288 Dong Son c ommune 179,049,150 13,260,000 44,047,000 895,245,750 269,813,700 1,401,415,600 Dong Phuong Yen c ommune 137,700,000 10,200,000 24,200,000 688,500,000 0 860,600,000 Phu Nghia c ommune 278,370,000 20,620,000 33,740,000 1,391,850,000 156,814,800 1,881,394,800 Truong Yen c ommune 426,926,214 31,620,000 79,326,000 2,134,631,070 196,018,500 2,868,521,784 Tot Dong c ommune 374,379,084 27,730,000 112,472,000 1,871,895,420 69,187,200 2,455,663,704 Quang Bi c ommune 480,060,000 35,560,000 97,812,000 2,400,300,000 25,945,200 3,039,677,200 Thuong Vuc c ommune 77,760,000 5,760,000 22,045,000 388,800,000 62,463,000 556,828,000 Hoang Dieu c ommune 416,070,000 30,820,000 53,249,000 2,080,350,000 24,985,200 2,605,474,200 3 Thanh Oai district 1,536,705,000 113,830,000 433,345,000 7,683,525,000 905,536,750 10,672,941,750 Thanh Mai c ommune 357,345,000 26,470,000 200,189,000 1,786,725,000 832,233,350 3,202,962,350 Thanh Cao c ommune 143,100,000 10,600,000 33,088,000 715,500,000 0 902,288,000 Tam Hung c ommune 420,120,000 31,120,000 67,368,000 2,100,600,000 52,082,400 2,671,290,400 Do Dong c ommune 306,180,000 22,680,000 52,236,000 1,530,900,000 21,221,000 1,933,217,000 Thanh Van c ommune 309,960,000 22,960,000 80,464,000 1,549,800,000 0 1,963,184,000 4 Thuong Tin district 1,100,790,000 81,540,000 69,267,000 5,503,950,000 2,773,143,000 9,528,690,000
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Compensation for permanent affection Assistance Compensation for No Locality Plant temporary House under Total cost Land compensation Work creation compensation affection transmission line
Tien Phong c ommune 564,165,000 41,790,000 37,285,000 2,820,825,000 2,219,679,000 5,683,744,000 Van Phu c ommune 536,625,000 39,750,000 31,982,000 2,683,125,000 553,464,000 3,844,946,000 Total 5,636,450,178 417,510,000 1,082,137,000 28,182,250,890 4,530,029,350 39,848,377,418
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Table 4.6: Land compensation cost for foundation Land type (m2) Price unit ( VND /m2) Cost ( VND ) Total cost No. Locality Rice Perennial Pond Rice Perennial Pond Rice Perennial Pond (VND ) I Ha Noi city 41751 0 0 5,636,450,178 0 0 5,636,450,178 1 Quoc Oai district 4657 0 0 628,640,730 0 0 628,640,730 Dong Quang c ommune 1385 0 0 135,000 158,000 135,000 186,918,948 0 0 186,918,948 Thach Than c ommune 700 0 0 135,000 158,000 135,000 94,500,000 0 0 94,500,000 Can Huu c ommune 2572 0 0 135,000 158,000 135,000 347,221,782 0 0 347,221,782 2 Chuong My district 17558 0 0 2,370,314,448 0 0 2,370,314,448 Dong Son c ommune 1326 0 0 135,000 158,000 135,000 179,049,150 0 0 179,049,150 Dong Phuong Yen commune 1020 0 0 135,000 158,000 135,000 137,700,000 0 0 137,700,000 Phu Nghia c ommune 2062 0 0 135,000 158,000 135,000 278,370,000 0 0 278,370,000 Truong Yen c ommune 3162 0 0 135,000 158,000 135,000 426,926,214 0 0 426,926,214 Tot Dong c ommune 2773 0 0 135,000 158,000 135,000 374,379,084 0 0 374,379,084 Quang Bi c ommune 3556 0 0 135,000 158,000 135,000 480,060,000 0 0 480,060,000 Thuong Vuc c ommune 576 0 0 135,000 158,000 135,000 77,760,000 0 0 77,760,000 Hoang Dieu c ommune 3082 0 0 135,000 158,000 135,000 416,070,000 0 0 416,070,000 3 Thanh Oai district 11383 0 0 1,536,705,000 0 0 1,536,705,000 Thanh Mai c ommune 2647 0 0 135,000 158,000 135,000 357,345,000 0 0 357,345,000 Thanh Cao c ommune 1060 0 0 135,000 158,000 135,000 143,100,000 0 0 143,100,000 Tam Hung c ommune 3112 0 0 135,000 158,000 135,000 420,120,000 0 0 420,120,000 Do Dong c ommune 2268 0 0 135,000 158,000 135,000 306,180,000 0 0 306,180,000 Thanh Van c ommune 2296 0 0 135,000 158,000 135,000 309,960,000 0 0 309,960,000 4 Thuong Tin district 8154 0 0 1,100,790,000 0 0 1,100,790,000 Tien Phong c ommune 4179 0 0 135,000 158,000 135,000 564,165,000 0 0 564,165,000 Van Phu c ommune 3975 0 0 135,000 158,000 135,000 536,625,000 0 0 536,625,000 Total 41751 0 5,636,450,178 0 0 5,636,450,178
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Table 4.7: Plant compensation cost for foundation Plant, domestic animal Price unit Cost (VND) Total cost No. Locality Rice Perennial Pond Rice Perennial Pond Rice Perennial Pond (VND) (m2) (pcs) (m2) (VND/m2) (đ/cây) (VND/m2) I Ha Noi city 41751 0 0 417,510,000 0 0 417,510,000 1 Quoc Oai district 4657 0 0 46,570,000 0 0 46,570,000 Dong Quang c ommune 1385 0 0 10,000 45,000 15,000 13,850,000 0 0 13,850,000 Thach Than c ommune 700 0 0 10,000 45,000 15,000 7,000,000 0 0 7,000,000 Can Huu c ommune 2572 0 0 10,000 45,000 15,000 25,720,000 0 0 25,720,000 Chuong My district 17558 0 0 175,570,000 0 0 175,570,000 Dong Son c ommune 1326 0 0 10,000 45,000 15,000 13,260,000 0 0 13,260,000 2 Dong Phuong Yen c ommune 1020 0 0 10,000 45,000 15,000 10,200,000 0 0 10,200,000 Phu Nghia c ommune 2062 0 0 10,000 45,000 15,000 20,620,000 0 0 20,620,000 Truong Yen c ommune 3162 0 0 10,000 45,000 15,000 31,620,000 0 0 31,620,000 Tot Dong c ommune 2773 0 0 10,000 45,000 15,000 27,730,000 0 0 27,730,000 Quang Bi c ommune 3556 0 0 10,000 45,000 15,000 35,560,000 0 0 35,560,000 3 Thuong Vuc c ommune 576 0 0 10,000 45,000 15,000 5,760,000 0 0 5,760,000 Hoang Dieu c ommune 3082 0 0 10,000 45,000 15,000 30,820,000 0 0 30,820,000 Thanh Oai district 11383 0 0 113,830,000 0 0 113,830,000 Thanh Mai c ommune 2647 0 0 10,000 45,000 15,000 26,470,000 0 0 26,470,000 II Thanh Cao c ommune 1060 0 0 10,000 45,000 15,000 10,600,000 0 0 10,600,000 1 Tam Hung c ommune 3112 0 0 10,000 45,000 15,000 31,120,000 0 0 31,120,000 Do Dong c ommune 2268 0 0 10,000 45,000 15,000 22,680,000 0 0 22,680,000 Thanh Van c ommune 2296 0 0 10,000 45,000 15,000 22,960,000 0 0 22,960,000 Thuong Tin district 8154 0 0 81,540,000 0 0 81,540,000 Tien Phong c ommune 4179 0 0 10,000 45,000 15,000 41,790,000 0 0 41,790,000 Van Phu c ommune 3975 0 0 10,000 45,000 15,000 39,750,000 0 0 39,750,000 Total 41751 0 0 417,510,000 0 0 417,510,000
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Table 4.8: Compensation cost for temporary affection Total Plant, domestic animal Price unit ( đ/unit) Cost (VND) (VND) No. Locality Gum Rice Fruit-tree Others Fruit-tree Gum Others tree Rice Rice Fruit-tree Gum tree Others (m2) (m2) (pcs) tree (pcs) I Ha Noi city 91015.7 1112.0 11.0 86 910,157,000 166,800,000 880,000 4,300,000 1,082,137,000 1 Quoc Oai district 9343.4 115.0 0.0 0.0 93,434,000 17,250,000 - 1,950,000 112,634,000 10,000 150,000 80,000 50,000 - - 2,604,000 Dong Quang commune 215.4 0.0 0 9 2,154,000 450,000 10,000 150,000 80,000 50,000 17,250,000 - 34,600,000 Thach Than commune 1680.0 115.0 0 11 16,800,000 550,000 10,000 150,000 80,000 50,000 - - 75,430,000 Can Huu commune 7448.0 0.0 0 19 74,480,000 950,000 2 45726.1 53.0 11.0 16.0 7,950,000 880,000 466,891,000 Chuong My district 457,261,000 800,000 10,000 150,000 80,000 50,000 - - 44,047,000 Dong Son commune 4404.7 0.0 0 0 44,047,000 0 10,000 150,000 80,000 50,000 - - 24,200,000 Dong Phuong Yen commune 2420.0 0.0 0 0 24,200,000 0 10,000 150,000 80,000 50,000 33,740,000 Phu Nghia commune 3374.0 0.0 0 0 33,740,000 0 10,000 150,000 80,000 50,000 79,326,000 Truong Yen commune 7932.6 0.0 0 0 79,326,000 0 10,000 150,000 80,000 50,000 - - 112,472,000 Tot Dong commune 11247.2 0.0 0 0 112,472,000 0 10,000 150,000 80,000 50,000 - 880,000 97,812,000 Quang Bi commune 9693.2 0.0 11 0 96,932,000 0 10,000 150,000 80,000 50,000 - - 22,045,000 Thuong Vuc commune 2204.5 0.0 0 0 22,045,000 0 10,000 150,000 80,000 50,000 7,950,000 - 53,249,000 Hoang Dieu commune 4449.9 53.0 0 16 44,499,000 800,000 3 29019.5 944.0 0.0 31.0 141,600,000 - 433,345,000 Thanh Oai district 290,195,000 1,550,000 10,000 150,000 80,000 50,000 141,600,000 - 200,189,000 Thanh Mai commune 5703.9 944.0 0 31 57,039,000 1,550,000 10,000 150,000 80,000 50,000 - 33,088,000 Thanh Cao commune 3308.8 0.0 0 0 33,088,000 0 10,000 150,000 80,000 50,000 - 67,368,000 Tam Hung commune 6736.8 0.0 0 0 67,368,000 0 10,000 150,000 80,000 50,000 - - 52,236,000 Do Dong commune 5223.6 0.0 0 0 52,236,000 0 10,000 150,000 80,000 50,000 - 80,464,000 Thanh Van commune 8046.4 0.0 0 0 80,464,000 0 4 6926.7 0.0 0.0 0.0 - - 69,267,000 Thuong Tin district 69,267,000 0 10,000 150,000 80,000 50,000 - 37,285,000 Tien Phong commune 3728.5 0.0 0 0 37,285,000 0 10,000 150,000 80,000 50,000 - 31,982,000 Van Phu commune 3198.2 0.0 0 0 31,982,000 0 Total 91015.7 1112.0 11.0 86 910,157,000 166,800,000 880,000 4,300,000 1,082,137,000
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Table 4.9: Cost for work creation Land type (m2) Price unit (VND/m2) Cost (VND) Total cost No. Locality Rice Perennial Pond Rice Perennial Pond Rice Perennial Pond (VND) I Ha Noi city 41751 0 0 292,260,380 0 0 28,182,250,890 1 Quoc Oai district 4657 0 0 32,596,186 0 0 3,143,203,650 Dong Quang c ommune 1385 0 0 675,000 790,000 675,000 9,692,094 0 0 934,594,740 Thach Than c ommune 700 0 0 675,000 790,000 675,000 4,900,000 0 0 472,500,000 Can Huu c ommune 2572 0 0 675,000 790,000 675,000 18,004,092 0 0 1,736,108,910 Chuong My district 17558 0 0 122,905,194 0 0 11,851,572,240 Dong Son c ommune 1326 0 0 675,000 790,000 675,000 9,284,030 0 0 895,245,750 2 Dong Phuong Yen c ommune 1020 0 0 675,000 790,000 675,000 7,140,000 0 0 688,500,000 Phu Nghia c ommune 2062 0 0 675,000 790,000 675,000 14,434,000 0 0 1,391,850,000 Truong Yen c ommune 3162 0 0 675,000 790,000 675,000 22,136,915 0 0 2,134,631,070 Tot Dong c ommune 2773 0 0 675,000 790,000 675,000 19,412,249 0 0 1,871,895,420 Quang Bi c ommune 3556 0 0 675,000 790,000 675,000 24,892,000 0 0 2,400,300,000 3 Thuong Vuc c ommune 576 0 0 675,000 790,000 675,000 4,032,000 0 0 388,800,000 Hoang Dieu c ommune 3082 0 0 675,000 790,000 675,000 21,574,000 0 0 2,080,350,000 Thanh Oai district 11383 0 0 79,681,000 0 0 7,683,525,000 Thanh Mai c ommune 2647 0 0 675,000 790,000 675,000 18,529,000 0 0 1,786,725,000 II Thanh Cao c ommune 1060 0 0 675,000 790,000 675,000 7,420,000 0 0 715,500,000 1 Tam Hung c ommune 3112 0 0 675,000 790,000 675,000 21,784,000 0 0 2,100,600,000 Do Dong c ommune 2268 0 0 675,000 790,000 675,000 15,876,000 0 0 1,530,900,000 Thanh Van c ommune 2296 0 0 675,000 790,000 675,000 16,072,000 0 0 1,549,800,000 Thuong Tin district 8154 0 0 57,078,000 0 0 5,503,950,000 Tien Phong c ommune 4179 0 0 675,000 790,000 675,000 29,253,000 0 0 2,820,825,000 Van Phu c ommune 3975 0 0 675,000 790,000 675,000 27,825,000 0 0 2,683,125,000 Total 41751 0 0 292.260.380 0 0 28,182,250,890
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Table 4.10: Assitance cost for houses under transmission line Area Price unit for Price unit for Total cost No. Locality m2 land VND/m2 house VND/m2 m2 I 2023.5 4,530,029,350 Ha Noi city 1 Quoc Oai district 20 46,122,000 Dong Quang c ommune 0 780,000 2,403,000 0 Thach Than c ommune 20 780,000 2,403,000 46,122,000 Can Huu c ommune 0 600,000 2,403,000 0 356 805,227,600 2 Chuong My district Dong Son c ommune 117 780,000 2,403,000 269,813,700 Dong Phuong Yen 0 780,000 2,403,000 0 commune Phu Nghia c ommune 68 780,000 2,403,000 156,814,800 Truong Yen c ommune 85 780,000 2,403,000 196,018,500 Tot Dong c ommune 32 600,000 2,403,000 69,187,200 Quang Bi c ommune 12 600,000 2,403,000 25,945,200 Thuong Vuc c ommune 30 500,000 2,403,000 62,463,000 Hoang Dieu commune 12 500,000 2,403,000 24,985,200 417.5 905,536,750 3 Thanh Oai district Thanh Mai c ommune 383.5 610,000 2,403,000 832,233,350 Thanh Cao c ommune 0 610,000 2,403,000 0 Tam Hung c ommune 24 610,000 2,403,000 52,082,400 Do Dong c ommune 10 550,000 2,403,000 21,221,000 Thanh Van c ommune 0 550,000 2,403,000 0 4 Thuong Tin district 1230 2,773,143,000 Tien Phong c ommune 990 700,000 2,403,000 2,219,679,000 Van Phu c ommune 240 780,000 2,403,000 553,464,000 Total 2023.5 4,530,029,350
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Chapter 5 : COMMUNITY CONSULTATION AND PEOPLE’S PARTICIPATION
5.1. Community Consultation and People's Participation Community consultation activities are carried out in 02 forms: distributing information leaflets on Things to know about compensation policies, land clearance and electrical safety of the project; and community meetings . Leaflets on Things to know about compensation policies, land clearance and electrical safety of Transmission Efficiency Project has been prepared (in the form of questions & answers and images) and distributed to 100% of affected households, and publicized in the sub-project area (Quarter I, 2014). This is the basis for community and APs’ participation to participate in different phases of the works. This document consists of two key sections, namely: (1) The frequently asked questions of APs; and (2) The images showing safety measures to prevent electrical accidents and ROW protection . Based on the information on the leaflet, the results of damages and loss inventory, implementation plan of compensation and assistance, the entitlement matrix and other materials related to compensation that are provided, the local community and APs got directly and effectively involved in the monitoring activities of compensation and assistance under project. Districts Compensation Council has also convened meetings of related communes to inform them of this sub-project. Additionally, the commune leadership has informed local residents in relevant villages of the potential impacts, especially the entitlement matrix. In the subproject preparation phase (the year of 2014) and in RP implementation, the following five activities were carried out: Activity 1 : Surveying the site, working with the local authorities to discuss the route and the substation locations. Activity 2 : Surveying the site and preparing the RAPs reports. Activity 3 : Conducting public consultation on the subproject. In July, 2014, meetings with local authority in 6 communes was organized to discuss the route direction that impact to local people and living, production activities in area is small. In March 2015, meetings with local residents in 14 communes was organized to consult with the public on the RP the representatives of the Subproject Owner were also involved the following contents: - Describing the subproject, the route, the substation locations, and the necessity for the subproject; - The potential impacts on the environment and communities; - The measures to mitigate environmental impacts. Participants: Participants of the Commune People Committee, Vietnamese Fatherland Front, representatives of project’s affected households, and consulting agency. The minutes of these meetings has been attached in appendix 4. Summary of comments from the participants - Most of opinions of the local authorities and people were supportive of the subproject. The subproject would soon be done for people enjoying its benefits. - However, during the period of construction of the substations, the local government Institue of Energy - IE Page 40
Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan and people will work in partnership with construction contractors, consulting agencies and investors to monitor the subproject implementation to ensure good progress, safety and guaranteed under the provisions of the state of construction. The owner must care and surmount some problems specifically as: Compensative work: - The power alignment mainly runs through the field, so how will the Project owner compensate the affected people? During the construction, is it possible for people to produce, cultivate on the ambient areas? If possible, is any affects to their health? - The investor must notify the acquisition land area and the affected people. Compensation must be fair and have a thorough implementation. - All the involved issues as well as suggestion of the local people that recognized by the consultant and the investor, will be considered in the sub-project design and in the EMP implementation phase. Activity 4 : Review and correct the RP in accordance with the comments. Continue to receive feedback from the affected households. To collect opinions of the people to complete the RP. Participation and consultation activities will be continuously conducted throughout various stages of the RPs implementation (e.g. planning, implementation, monitoring). During these processes, public information and consultation will be conducted to gather information for assessing the project resettlement impacts and to provide recommendations on possible alternative technical options to reduce and/or mitigate potential negative resettlement impacts on local population and to proactively address issues or problems that may emerge during implementation. Consultation activities will also concern to check and reduce temporary impacts during construction phase. 5.2. Information Disclosure Per requirement of OP 4.12, the Vietnamese version of RP report will be disclosed at the PMBs, project sites and VDIC in Vietnam so that interested public and organizations can have access or study. English and Vietnamese versions of RP report will be sent to the Information and Development Centre of Vietnam- 63 Ly Thai To – Hanoi for public disclosure. English version of RP report will be sent to Info shop of the WB at Washington to be disclosed. 5.3. Grievance and Appeals APs are entitled to the complaints regarding their interests and responsibilities in the Project implementation: entitlements to compensation, compensation policy, unit prices, land acquisition, resettlement and other entitlements related to the living recovery supporting programs. Complaints can also concern issues related to construction safety and nuisances caused by construction. All complaints will be recorded, recognized and processed by the functional units at all levels. The procedures are as follows: Stage 1 - Commune Level Any persons who are not satisfied with any contents of the program of economic recovery and resettlement can report verbally or in writing to their Ward/Commune People's Committee (CPC) who will be responsible for resolving their complaints within 15 days after receiving the complaints.
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Stage 2 - District Level If APs are not satisfied with the decisions made at stage 1, APs can appeal to the District People's Committee (APC) who will give their decisions within 30 days after receiving the complaints. Stage 3 - Provincial Level If APs are not satisfied with the decisions made at district level, APs may appeal to the competent unit of PPC who will give their decisions within 30 days after receiving the complaints. Stage 4 - Court Case If they are not satisfied with the decisions at the provincial level, APs may present their petition to their district administrative court. AP's will be exempted from all administrative and legal fees. Besides that, an escrow accounts for resettlement payments should be used when grievance is resolving to avoid excessive delay of the project while ensuring compensation payment after the grievance has been resolved. All queries, suggestions and grievances and their resolution should be recorded and forwarded to the Power Company and its competent units carrying out monthly monitoring. All the cost of Grievance and Appeal establishment and execution should be included in the sub- project cost.
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Chapter 6 : REPORTING, MONITORING AND EVALUATION
Implementation of the RP will be periodically supervised and monitored by NPMB in a close coordination with the respective Peoples' Committees at different administrative units and independent consulting agencies. The findings will be recorded in quarterly reports to be furnished to EVN, Electricity Transmission 1 and WB. 6.1. Internal Monitoring NPMB is responsible for internal monitoring of the RP implementation. Internal monitoring and supervision will: Verify that the baseline information of all AP's has been carried out and that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other resettlement entitlements has been carried out in accordance with the provisions of this Policy framework work and the respective RP. Oversee that the RPs are implemented as designed and approved. Verify that funds for implementing the RP are provided to the respective NPMB in a timely manner and in amounts sufficient for their purposes, and that such funds are used by the respective NPMB in accordance with the provisions of the RP and policy framework. Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner. Officer in charge of resettlement and unit in change of compensation for land clearance for sub-project implementation are responsible to update information on key activities as follow: Table 6.1: Key activities of internal monitoring and assessment Implemented No Activities of Resettlement Plan Description Yes No 1. Informing local people and local authorities about the project 2. Inventories of total losses 3. Replacement cost surveys 4. Preparing RP 5. Approving RP - EVN/NPT - PC at Ha Noi city - WB 6. RP information disclosure Ha Noi city - Quoc Oai district + Dong Quang Commune; + Thach Than Commune; + Can Huu Commune. - Chuong My district + Dong Son Commune; + Dong Phuong Yen Commune;
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Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan
Implemented No Activities of Resettlement Plan Description Yes No + Phu Nghia Commune; + Truong Yen Commune; + Tot Dong Commune; + Quang Bi Commune; + Thuong Vuc Commune; + Hoang Dieu Commune. - Thanh Oai district + Thanh Mai Commune; + Thanh Cao Commune; + Tam Hung Commune; + Do Dong Commune; + Thanh Van Commune. - Thuong Tin district + Tien Phong Commune; + Van Phu Commune. - Electricity Tranmisson 1 - VDIC/Infoshop 7. Checking, measuring land area 8. Applying compensation unit prices (from RP) 9. Preparing specific compensation plan 10. Approving compensation plan 11. Declaring compensation plan 12. Adjustment and approval (if any) 13. Payment for losses (including crosscheck with RP - i.e. APs, budget, impact levels etc.) 14. Internal monitoring 15. Independent monitoring 16. RP implementation reporting 17. Recording and solving complaints 18. Consultation and people's participation - Community meetings - Providing leaflets 19. Coordinating with other agencies (especially Compensation Council) 20. Subproject mid-term and final
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Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan
Implemented No Activities of Resettlement Plan Description Yes No reviews (in accordance with the project) 6.2. Independent Monitoring An independent agencies or individual consultants contracting with NPT periodically carry out external monitoring and evaluation of the implementation of RPs. The independent monitoring will be selected among key afferent services’ provides such as academia, NGOs, firms. The RP is estimating these costs, detailed in the following chapters. Independent monitoring can be contracted with NPT once for all sub-projects. The scope of work and other terms of conference will be prepared by NPT which then will be sent to WB for review. Independent monitoring Unit will: Prepare the action plan for the involvement of APs; check whether the compensation and other benefits are in line with WB’s Policy framework or not; Assess whether the objectives of Policy framework in tern of improving or at least maintaining income and living standard for the APs are successfully achieved or not; Collect the quality indicators of the economic-social impacts of the project on APs; Make recommendations on adjusting the RP’s implementation plan in individual cases to achieve the objectives and aims of Policy framework. 6.3. Reporting Internal monitoring agencies will prepare a quarterly report detailing the progress of RP implementation. The report should be made available to EVN/NPT, WB, and independent external monitoring agency. The terms for the independent external monitoring agency will be detailed in the contract (Independent external monitoring agency and NPMB). A Resettlement Plan cannot be considered to be completed until audit finishes or survey confirms that all entitlements have been received by beneficiaries and recovery of means of living is progressing on schedule.
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Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan
Chapter 7 : IMPLEMENTATION PLAN
7.1. Implementation Responsibility
Provincial EVN People’s Committee
District District EVN NPT People’s Compensation Committee Council
Project Commune Independent Managem People’s External ent Board Committee Monitoring Agency
APs
Figure 7.1: RP Implementation Organizational Chart Vietnam Electricity: Vietnam Electricity is the owner of this project and is responsible for managing and organizing of survey, investigation, design, budget arrangement, funding and supervision for RP implementation. EVN's Department of Business and Rural Energy is assigned as the directly in-charged body of the Transmission Efficiency Project.
EVN NPT: is responsible for (i) employing qualified consultant to prepare RP; (ii) appointing qualified social safeguard staffs at EVN NPT and its NPMB, assigning staffs to participate in Compensation Council The Northern VietNam Power Projects Management Board (NPMB): under Northern Power Corporation: has direct responsibility and day-to-day management oversight for implementing all aspects pertained to the works of the Project, including planning, programming, budgeting and ensuring overall sub-projects' coordination and supervision of resettlement activities, design, implementation, monitoring, evaluation and coordination/liaison with EVN and the WB.
Institute of Energy - IE 46 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan During implementation periods, NPMB is responsible for informing PCs at commune/ ward about plan and schedule of periodical inspection or maintenance for transmission line. Provincial People's Committee: (PPC): responsible for clearly directing/demarcating the responsibilities for their relevant institutions in implementing RP; Approving the compensation unit costs, allowances and establishing appraisal committees, compensation and resettlement councils at all levels and approving lands for compensation; Addressing complaints and grievances of APs in their province. Districts People's Committees: responsible for guiding the compensation and resettlement activities in their respective district areas: Directing the relevant institutions for carrying out impact survey; public consultation, information dissemination on the resettlement policy and RP implementation; Establishing District Compensation Council; Identifying the legality of land user rights or ownerships of affected land and other real properties; Appraising and approve compensation options for APs within their delegation; Issuing regulations and procedures of solving administrative matters related to the project resettlement and compensation implementation within their administrative boundaries; Responsible for settling complaints of APs at district level; District Compensation Councils: The District Compensation Councils will be headed by the Vice Chairman of the APCs. The District Compensation Council includes following representatives: Department of Finance, Department of Natural Resources & Environment (Housing and Cadastral Bureau), Department of Planning and Investment, Department of Trade and Industry, Affected Communes, APs, PMB. The District Compensation Councils are the leader, which are responsible for the implementation of RP in their respective district areas. The District Compensation Councils are responsible for: Checking the unit prices of compensation as applied in RP; making recommendations on adjusting the unit prices in conformation with market prices/replacement costs (if required). In co-ordination with NPMB organizing the meetings with APs, communes, disseminate the resettlement information booklet, detailed measurement survey and entitlement forms to APs. Based on the policy and approved process in RP, preparing the detailed implementation plan (quarterly, semi-annual, annual plans) and together with NPMB paying entitlements to APs in a timely manner. Paying special attention to the needs and demands of the specific groups (ethnic minority groups) and vulnerable people (children, the elderly, woman/single head of households). Settling the complaints and grievances of APs, solving any difficulties during the implementation period, and suggest the solutions for the outstanding issues to PPCs Commune People's Committees: People's Committees of communes will be responsible for: Assigning concerned communal officials/professionals to help carrying all resettlement activities in its commune. Contributing to census and inventory surveys and detailed measurement survey: assisting the agencies/ bodies in charge of census surveys, replacement cost survey, detailed measurement surveys and other resettlement related activities.
Institute of Energy - IE 47 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan In co-ordination with District Compensation Councils for public meetings, information dissemination, compensation/allowance payment to APs. Checking and confirming the legality status of the affected land, houses, structures and other assets/losses of the APs. Participating in all activities related to land acquisition and allocation, resettlement, resettlement measures and social development support activities. Support APs in all resettlement and resettlement-related activities; Co-signing in compensation documents with the APs. Verifying the list of the poor or disadvantage APs. Ensuring APs' grievances adddress mechanisms are appropriate and properly in place; Settling APs' grievance at commune level and transfering all APs' opinion to the district Compensation Council along with proposal for the settlement of certain issue (if any); Documenting APs' grievances and maintain records of all grievances; Assisting and advising APs on speedy adddress of grievances. Assisting local people in overcoming the difficulties during the construction period; assisting APs to repair of affected houses; Arranging land in the case that APs require compensation by land for land. Assisting Investor and Operational Management Units to inform APs about plan and schedule of periodical inspection for transmission line of the Operational Management Units. Project Affected Persons (APs): APs are ready with their necessary RP related papers i.e. land use right certificate, ownership of other assets. APs are responsible for carefully checking on their affected assets and respective entitlements and clear land in a timely manner once APs receive full entitlements. APs are responsible for supporting Project Owner and Operational Management Unit to check and maintain periodically for the transmission line as regulated. Independent External Monitoring Agency: monitoring and evaluation of the RP implementation for the whole subproject. The Independent External Monitoring Agency shall submit periodic monitoring reports on RP implementation progress and make recommendations for solving the issues identified to NPMB and WB. 7.2. Implementation Schedule 7.2.1. Sub- project’s implementation schedule Table 7.1: Proposed sub - project implementation schedule Item Schedule 1. NPMB and Council of Compensation Establishment of Project Council of Compensation Quarter III - 2014 Commencement of Public Disclosure Quarter III - 2014 Commencement of detailed measure and asset inventory Quarter III - 2014 Commencement of payment of compensation Quarter I - 2015 2. APs
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Commencement of declaration of quantity and status of properties Quarter II - 2015 Commencement of receiving compensation and ground clearance Quarter III - 2015 3. Bidding Commencement of bidding for equipment Quarter IV - 2015 4. Civil works Commencement of civil works Quarter I,II - 2016 5. Monitoring Commencement of monitoring works Quarter I,II - 2016 All RP activities must be satisfactorily completed before the World Bank issues a no objection for award of contract for the subprojects. Any changes to the RP after WB clearance will require review by the WB Office in Hanoi before commencement of construction.
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Chapter 8 : IMPLEMENTATION COSTS 8.1. Budget Fund for the implementation of RP will be provided by NPT. NPT will transfer such budget to NPMB. NPMB and district Compensation Council are responsible for: (i) making payment of compensation and all entitled allowances directly to APs; and (ii) making payment to cover costs of overall RP activities. 8.2. Cost Estimatation for RP Implementation Cost Estimatation for RP Implementation, including: 8.2.1. Preparation of RP At the initial stage of the preparation for the establishment of RP, a socio-economic survey workforce has to be established. This workforce will carry out: (a) Studying the designs and field visits, (b) Establishing the socio-economic survey forms (interview) and inventory forms (with preliminary measurements of fixed assets and counting of properties), (c) Organizing community meetings and public consultation and distribution of project related pamphlets/Q&A …, (d) socio-economic surveys by means of fill in the 'Questionnaires' and direct interview, (e) Data processing and (f) Establishment of the RP for approval. NPMB has signed contracts with the Consultant to carry out the tasks mentioned above The value of contract with the Consultant: 201.450.429 VN Đ 8.2.2. Compensation and Resettlement Compensation for permanent land acquisition and temporary land acquisition. Compensation for permanently and temporarily affected trees and crops. 39,848,377,418 VND (Please refer to Table 4.6: Total Compensation Cost of the sub-project for more details) 8.2.3. Cost for staff of Compensation Council (management cost) At the stage of preparation for the establishment of RP, Compensation Council’s supporting team will be established to (a) carry out detailed measure and statistics, collect information on resettlement, (b) organize the community meetings, (c) implement detailed measure and inventories, (d) negotiate with APs and (e) completely make payments to APs and submitted to district PC for approval. Cost for staff of Compensation Council is estimated to be around 2% of total compensation cost. 796,967,548 VND 8.2.4. Independent monitoring cost Estimated cost for independent monitoring: 500,000,000 VND 8.2.5. Land survey cost
Institute of Energy - IE 50 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Estimated: 1.200.000.000 VND 8.2.5. Contingency Considering the expected time of actual RP implementation (expected during 2014) and experience from the implemented and on-going implementing projects of similar nature, the rate for contingency is estimated about 10% of total cost of compensation and RP preparation. 8.3. Total Cost of RP Implementation Table 8.1 : Total Estimated Cost of RP Implementation Unit: VND No Item Cost 1 RP report making cost 201,450,429 2 Compensation and support cost 39,848,377,418 3 Compensation council cost (2% of 2) 796,967,548 4 Independent monitoring cost (estimate) 500,000,000 5 Land survey cost 1,200,000,000 6 Spare cost (10% of 1+2) 4,064,534,497 Total (1+2+3+4+5+6) 46,611,329,892
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APPENDICES 1. Project Areas 2. Entitlement Matrix 3. Agreements on T/L Routes 4. Minutes of Community Meetings
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Appendix 1 : Project area
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Entitlement Matrix
Type of loss/Impacts Application Entitlements Implementation Issues Lesal land users Cash compensation at replacement cost (free - Affected households to be notified at least ninety days 1. Productive land2 from taxes and transaction costs) at 100% before land recovery by the Project. (Agricultural, garden, 1.1. Marginal loss replacement cost for the lost area. pond land, etc.) either in (<20% of land - The owner of land will hand over the land within 20 or out of the residential holding or <10% days from the date District Compensation Board fully area. for vulnerable pays compensation for land. group) - For vulnerable and severely affected households, affected farmers, including landless, allocation of The remaining area arable land equal per capita arable land in commune. If of affected plot is there no land available for allocation or, on the APs' still economically request through informed choice, training/ viable for use or rehabilitation programs will be provided to at least meets the expected restore, if not improve, their income and living personal yield. standards. 1.2. Loss >20% or Land for land compensation should be as the - Other assistance options which each province could >10% for preferred option. If land is not available, or at decide based on the locality conditions. vulnerable groups the AP's choice, cash compensation can be - Affected households to be notified at least ninety days provided for the lost area at 100% of land before land recovery by the Project (Land law-2003; replacement cost. The AP will be provided with Article 39- Item 2). the additional rehabilitation measures to restore
the lost income sources - The owner of land will hand over the land within 20 days from the date District Compensation Board/ Land Fund - Development Center has paid compensation and other allowances in full. - For poor, vulnerable and severely affected farmers, including landless, allocation of arable land equal to per capita arable land in commune, or if there no land
Institute of Energy - IE 54 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Type of loss/Impacts Application Entitlements Implementation Issues available for allocation or, on the APs request through informed choice, training/ rehabilitation programs will be provided to at least restore, if not improve, their income and living standards. Cash compensation at the amount Land Users with corresponding to the remaining investment on temporary or the land or corresponding to the remaining teased rights to use value of the land rental contract. land. APs will receive assistance corresponding up to Land Users who do 100% of the land value in cash. In addition to not have formal or above, rehabilitation/training assistance will be customary nights to provided. the affected land In case the AP uses public land where there was previous agreement to return the land to the Government when so requested, they will not be compensated for the acquired public land but will be compensated for structures, crops, trees and other assets on the land at 100% of the replacement cost. 2. Residential land 2.1. Marginal loss Compensation for loss of land in cash at (i) - Affected household to be notified at least 180 days replacement cost to the legal and legalizable before land recovery by the Project. (i.e., land is still land users; (ii) An financial assistance of an - The owner of land will hand over the land within 20 viable for use and agreed amount to the land users not having days from the date District Compensation Board/ Land not requiring recognizable land use right. Fund Development Center has paid compensation in relocation). If APs have to rebuild their houses, they will full. receive a house rental allowance for 3 months in recognition of the time needed to rebuild their houses. 2.2. Relocated APs It land is not available, a land plot in a - Affected household to be notified at least 180 days resettlement site or apartment will be provided before land recovery by the Project. to the AP, in consultation with them. They will - The owner of land will hand over the land within 20 Institute of Energy - IE 55 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Type of loss/Impacts Application Entitlements Implementation Issues have full land tide or apartment ownership title days from the date District Compensation Board/ Land without any cost to them. Fund Development Center has paid compensation in Or, on request of the APs through informed full. choice, cash compensation at full replacement - The process of compensation for a plot at the cost plus the amount equivalent to the value of resettlement site will be as follows: the infrastructure investments calculated - If the selling cost of plot(s) at the new site is more averagely for each household in a resettlement than the value of the affected residential land, APs site. In this case, they will be expected to receive new plot at no additional cost. relocate themselves. If the compensation amounts to less than the - If the plot(s) at the new site is equal the value of cost of a land plot in the project's resettlement affected residential land, APs receive new plot at the site, APs will be provided additional supported new site without any balance. to enable them to acquire the land plot (or cash - If the plot(s) at the new site is less than the value of assistance will be provided equivalent to this affected residential land, APs will receive plot and the difference for self-relocated APs). difference in cash. (ii) APs who do not have formal of customary - The planning and detailed design for the relocation right to the affected land; sites will be done by consultant of DCB/ CLDF in An identified assistance amount will be consultation with stakeholders and then approved by provided based on the level of legality of the the PPC. land and on a case by case basis. If the AP has no place to move, a land plot or an apartment - Detailed regulation on plot allocation will be satisfactory to them will be provided in the developed by DCB/CLDF through consultation with resettlement site. commune and APs, followed by approval of PPC. In case the relocated AP belong to vulnerable - For relocating households, assistance is in form of groups, the project will consider providing land-for- land of similar characteristics with title at no them with additional assistance (in cash and cost. The replacement land is no less than 40m2, or kind) to ensure that they can afford to relocated compensation in cash with equal value if AP opts for to a new site. self-relocation. - Area and number of resettlement sites will be decided in consultation with APs. - For poor or vulnerable APs who have no other residential land in the same as their affected commune, Institute of Energy - IE 56 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Type of loss/Impacts Application Entitlements Implementation Issues the project will provide either a residential plot of minimum size at a common resettlement site, or an individual resettlement site, with title to the land (plot of 40 m 2 in urban area and 100m 2 in rural area); or on request of the AP, through informed choice, an assistance amount corresponding 60% of the land replacement cost for them to rearrange relocation by themselves. 3. Houses 3.1. Partial impact: - If house/structure is partially affected and the - The calculation of rates will be based on the actual remaining structure is viable for continued use, affected area and not the useable area. Unaffected portion the project will provide a house/structure repair of the house is still cost, in addition to the compensation for viable for use and affected portion at replacement cost, to enable could be remained APs to restore it to former or better conditions. from the technical
viewpoints, - Compensation for other structures/fixed assets therefore, require no will be at full replacement cost and will be in relocation. cash.
3.2. Fuil impact - Compensation in cash for entire affected - The calculation of rates will be based on the actual (i.e., house is structures will be provided at 100% of the full affected area and not the useable area. partially acquired by replacement cost for materials and labor, the project but no regardless of whether or not they have title to longer viable for continued use or the the affected land or permit to build the affected entire structure is structure. The amount will be sufficient to acquired). rebuild a structure the same as the former one at current market prices. No deductions will be made for depreciation or salvageable materials. - Compensation for other structures/fixed assets will be at full replacement cost and will be in cash. Tenants of state or organization's houses will be: (i) entitled to rent or buy a new apartment of the are a at least equal to their Institute of Energy - IE 57 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Type of loss/Impacts Application Entitlements Implementation Issues affected ones; or (ii) provided an assistance equal 60% of replacement cost of the affected land and houses. Any investments such as structures, trees, crops etc. made on the land by the APs will be compensated at their full replacement cost. - The tenants who are leasing a private house for living purposes will be provided with transportation allowance for moving their assets. They will also be assisted in 4. Crops and Trees, - APs will be given notice several months in advance Owners regardless of - For annual and perennial standing crops or aquaculture products regarding evacuation. Crops grown after issuance of tenure status trees, aquaculture products regardless of the legal status of the land, compensation in cash the deadline will not be compensated. will be paid to the affected persons, who cultivate the land, at full replacement cost in local markets to ensure the compensation is sufficient to replace the lost standing crops, trees or aquaculture products. 5. PuMic structures - For public structures, the displacement will be carried Loss of, or damage - Either in (i) cash compensation to cover the out by the owners prior to the start of works. to assets cost of restoring the facilities or (ii) in kind compensation based on the negotiation between District Compensation Board/ Land Fund Development Center and owners of assets.
6. Communal- owned Loss of,, or damage - Either (i) cash compensation to cover the - For the communal owned assets directly affecting assets, collective assets to assets of village, cost of restoring the facilities or (ii) in kind lives and production activities of the community, ward, commune, compensation based on the negotiation between restoration must be done prior to the start of works. district, provincial DCB/ CLDF and owners of assets. government unit. 7. Graves - All costs of excavation, relocation and Have to move the graves or tombs reburial will be reimbursed in cash to the
Institute of Energy - IE 58 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Type of loss/Impacts Application Entitlements Implementation Issues affected family. - Graves to be exhumed and relocated in culturally sensitive and appropriate ways. 8. Loss of Impacts due to - Allowance for Loss of Livelihood: Affected - The amount will be given in tranches every 6 months Income/Livelihood due person will be compensated with one-time to coincide with the cropping season while affected to loss of productive permanent loss of iand 20% or more of their payment at cash equivalent to 30 kg of households are taking part in the income restoration total productive land rice/person/month at local market price , program in order to restore their pre-project or where <20% land including: income/livelihood. affected but the (a) APs losing 20 - 70% of their agricultural remaining land is landholding (or 10 - 70% for the poor and rendered unviable. vulnerable groups) will be provided with the (Legal, legalizable amount equivalent to 30 kg of land users and APs rice/person/month for 6 months if they do not with lease agreement have to relocate and 12 months in case of over the affected relocation. In some special cases, in extremely land) difficult areas, the compensation may be provided for a maximum of 24 months; (b) APs losing more than 70% of their agricultural landholding will be assisted for 12 months if they do not have to relocate and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided upto a maximum of 36 months; . (c) Households affected by loss of less than 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. In case of land-for-land compensation, AP s will be assisted with
Institute of Energy - IE 59 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Type of loss/Impacts Application Entitlements Implementation Issues seedlings, agricultural-forestry extension programs, husbandry etc. - Support for job changing : Every AP affected by loss of productive land, irrespective of the degree of impact, will be provided with additional assistance equivalent to 2 - 5 times the compensation amount.
- Support for vocational training and job creation : APs will be exempted from exemption from tuition fees for the training courses for those of working age (not applicable for those who enroll for a vocational training outside the province). After finishing training courses, they will be given priorities to be recruited in local manufacturers/businesses. 9. Loss of Income/Livelihood due Marginal impacts to reiocation of business
- For APs losing income and/or Owner of the affected business business/productive assets as a result of land and employees acquisition, the mechanism for compensating will be: * The registered non-farm producer/business APs, who have income- generating and/or business/productive assets affected, will be given cash business assistance for the loss of business income, equivalent to 50% of the annual average for the last 3 years net income. (This amount is equivalent to 100% of monthly net income for 6 months).
Institute of Energy - IE 60 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Type of loss/Impacts Application Entitlements Implementation Issues * The non -registe red business or non farm producer APs, whose operations are recognized by local authority and who have income and/or business/productive assets affected, will be given assistance in cash for the income losses for three months at the minimum. * If the business has to be relocated, then, a priority to provide a replacement business site accessible to customers, or, compensation in cash for the affected area at a replacement cost, plus transportation allowance to remove movable attached assets. If there is no land available, then the business/non-farm producer APs will be entitled for rehabilitation measures such as job training, credit access to help restore the income sources. - If the business has to be relocated, the project - APs will be given priority for business relocation Relocating shop owners regardless of will provide alternative site with local along highway, communal roads and along canals near tenure status advantage and physical attributes similar to the the bridges or footbridges in order to maximize their land lost with easy access to customers base, benefit from business opportunities. At the time of satisfactory to the AP, OR compensation in compensation, allowances will be adjusted to account cash for the affected land at replacement cost, for inflation. plus transportation allowance for movable attached assets. 10. Allowances Loss of land and - Specific assistance to vulnerable groups - Allowance for households as per Government /Assistance Targeted to non-land assets would be as follows: regulation (social policy households, heroic mothers, Vulnerable Households Affected vulnerable - Social Policy : (i) Relocating Households that wounded, dead soldiers). If the household eligible to groups reardless of include heroic mothers, war veterans, wounded more than one additional support allowance for the severity of impacts. or dead soldiers families will be provided with vulnerable people, only one package with the highest The bulnerable support as regulated by the PPCs but not less value will be applied. groups were defined than VND 10 mil per household: (ii) Poor as in Terms of Relocated Households or Poor Households Terminology where 20% or more of their productive land is affected or where <20% land is affected but the
Institute of Energy - IE 61 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Type of loss/Impacts Application Entitlements Implementation Issues remaining land is rendered unviable: 3-5 mil/HH (to be certified by local authority). - Other vulnerable groups affected by the Project, whether they have to relocate or not, (female headed households, households with disabled persons, elderly without any source of support, ethnic minority households) will get the same support given to poor households in accordance with the provincial policy but not less than VND 3 mil per household. These households are entitled to take part in Income Restoration Program
11. Other Loss of land and - Incetive Bonus : A bonus of maximum 5
Allowances/Assistances nonland assets million VND will be awarded to APs who dismantle their houses and vacate their premises in accordance with the resettlement schedule. - Repair Allowance : If house/structure is partially affected and the remaining structure is viable for continued use, the project will ensure that these will be restored or repaired at no cost for the community and to the community's satisfaction. - The relocating households with children who are going to schools will be supported with 1- year tuition as regulated by the Ministry of Education - Based on the actual situation of the locality, the PPC Chairman issues other allowances to ensure accommodation and livelihood
Institute of Energy - IE 62 Tay Ha Noi – Thuong Tin 500kV Transmission Line Resettlement Plan Type of loss/Impacts Application Entitlements Implementation Issues restoration for APs. Special cases have to be submitted to the Prime Minister for approval. 13. Temporary Temporary ioss of - Compensation for all affected - If the quality of land is radically changed when impacts land and assets. assets/investments made on the land, including returned to APs, requiring APs to change in the types trees, crops etc., at full replacement cost; of land use; then APs should be compensated for all - Cash compensation for land temporarily envisaged cost of losses. acquired in the form of rent which is at least equivalent to the net income that would have been derived from the affected property during the period of disruption; - Restoration of the land within 3 months after use: The contractor is expected to return the land in its original condition within 3 months of the termination of the civil works. 14. Any other impacts Individuals, - Entitlements to compensation and other - In case of impacts on livelihoods of APs, the that may be identified organizations in the assistance would be provided in accordance contractors, construction units have to agree with the during implementation project area with the compensation policy. households on payment for disruption of business. - Secondary impacts on production and business or APs isolated from access to resources temporarily have to be compensated and supported in accordance with RP.
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Agreements on T/L Routes
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Minutes of Community Meetings
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Institute of Energy - IE 105 Tay Ha Noi – Thuong Tin 500kV Transmission Line
Institute of Energy - IE 106 Tay Ha Noi – Thuong Tin 500kV Transmission Line
Institute of Energy - IE 107 Tay Ha Noi – Thuong Tin 500kV Transmission Line
Institute of Energy - IE 108 Tay Ha Noi – Thuong Tin 500kV Transmission Line
Institute of Energy - IE 109 Tay Ha Noi – Thuong Tin 500kV Transmission Line
Institute of Energy - IE 110 Tay Ha Noi – Thuong Tin 500kV Transmission Line
Institute of Energy - IE 111 Tay Ha Noi – Thuong Tin 500kV Transmission Line
Institute of Energy - IE 112 Tay Ha Noi – Thuong Tin 500kV Transmission Line
Institute of Energy - IE 113 Tay Ha Noi – Thuong Tin 500kV Transmission Line
Institute of Energy - IE 114