Social Monitoring Report
1st Independent Monitoring Report January 2014
VIE: Power Transmission Investment Program, Tranche 2 – 500kV Pleiku-My Phuoc-Cau Bong Transmission Line (Gia Lai Province)
Prepared by the Central Vietnam Power Projects Management Board for the National Power Transmission Corporation and the Asian Development Bank.
This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
NATIONAL POWER TRANSMISSION CORPORATION CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD
PLEIKU – MY PHUOC – CAU BONG 500 KV TRANSMISSION LINE PROJECT
FIRST MONITORING REPORT
INDEPENDENT MONITORING ON RESETTLEMENT AND ETHNIC MINORITY IN GIA LAI PROVINCE
Investment Consultancy and Technology Transfer Co., Ltd (InvestConsult Group) For General Director Deputy General Director
LE CHI CUONG
January - 2014 TABLE OF CONTENTS
I. INTRODUCTION ...... 6
1.1. Objective of the Project ...... 6
1.2. Scale and scope of the Project ...... 6 1.3. Impacts of resettlement in Gia Lai province ...... 8 1.3.1. Impact on land acquisition ...... 8 1.3.2. The affected trees ...... 9 1.3.3. Affected houses and other structures ...... 10 1.3.4. Severely affected households ...... 10 II. LEGAL FRAMEWORK AND COMPENSATION POLICIES ...... 11
2.1. Legal framework ...... 11
2.1.1. The legal background of Vietnam’s Government ...... 11 2.1.2. Policy of Sponsor ...... 14 2.2. Gaps between Laws of Vietnam and ADB Policy ...... 16 III. INDEPENDENT MONITORING ...... 22
3.1. Implementing monitoring Resettlement and Ethnic Minority Development Plan (REMDP) ...... 22
3.2. Objective of the work ...... 22 3.3. Monitoring places ...... 22 3.4. Monitoring indicators ...... 23 3.4.1. Monitoring indicators for RP ...... 23 3.4.2. Supervise the implementation of REMDP ...... 24 3.5. Implementation method ...... 25 3.5.1. Information collection ...... 25 IV. RESULTS/FINDING DURING REMDPs MONITORING ...... 27
4.1. Implementation progress ...... 27
4.2. REMDPs implementation ...... 29 4.3. Indicators...... 29 4.3.1. Information dissemination ...... 29 4.3.2. Compensation payment ...... 30 4.3.3. Recovery of civil infrastructure ...... 32 4.3.4. Site for resettlement ...... 32
INVESTCONSULT GROUP 2 4.3.5. The communication activities on prevention of HIV/AIDS and human trafficking ...... 32
4.3.6. Implementation of EMDP ...... 33 4.3.7. Level of satisfaction ...... 33 4.4. Obstacles arising issues during the implementation ...... 34 4.4.1. Pleiku city ...... 34 4.4.2. Chu Prong district ...... 34 4.4.3. Chu Puh district ...... 34 4.4.4. Ia Grai district...... 34 4.5. Complaints and resolving complaint ...... 34 V. CONCLUSION AND RECOMMENDATIONS ...... 36
5.1. Conclusion ...... 36
5.2. Recommendations ...... 36 ANNEX1: LIST OF CONTACTED PEOPLE ...... 37
ANNEX 2: LIST OF INTERVIEWED HOUSEHOLDS ...... 38
ANNEX 3: PHOTOS OF FIELD VISITS ...... 42
ANNEX 4: APPRAISAL DECISION/COMPENSATION PLAN ...... 44
ANNEX 5: RECORD PAPER AND THE PETITION FROM HOUSEHOLDS .. 46
ANNEX 6: SURVEY TOOL ...... 51
INVESTCONSULT GROUP 3 LIST OF TABLES Table 1. Component of the project ...... 7 Table 2. Summary of main features of 500kV Pleiku – My Phuoc – Cau Bong Transmission line ...... 8 Table 3. Permanent land acquisition in 500 kV Pleiku – My Phuoc – Cau Bong project ...... 8 Table 4. Type of affected land ...... 9 Table 5. Distribution of affected trees ...... 9 Table 6. Affected houses and other structures ...... 10 Table 7. Impact of land acquisition on severely affected household ...... 10 Table 8. Comparison between Decree 197/ND-CP, Decree 69/ND-CP and 2009 SPS of ADB ...... 17 Table 9. Monitoring places ...... 22 Table 10. Number of interviewed APs ...... 26 Table 11. Construction progress ...... 28 Table 12. Information dissemination methods ...... 30 Table 13. Completeness in terms of AHs’ Assets ...... 31 Table 14. Satisfaction level ...... 33 Table 15. Complaining issues ...... 35
INVESTCONSULT GROUP 4 ABREVIATIONS
ADB : Asian Development Bank
RP : Resettlement Plan
REMDP : Resettlement and Ethnic Minority Development Plan
AHs : Project Affected Households
APs : Affected People
ROWs : Right of Ways
HCMC : Ho Chi Minh City
LURC : Land Use Right Certificate
IOL : Inventory of Losses
PPTA : Project on Preparatory Technical Assistance
NPT : National Power Transmission Corporation
CPMB : Central Vietnam Power Projects Management Board
USD : United States Dollars
PECC4 : Power Engineering Consulting Company 4
PIC : Project Implementing Consultant
DMS : Detailed Measurement Survey
MARD : Ministry of Agriculture and Rural Development
PC : People’s Committee
SPS : Safeguard Policy Statement
SR2 : ADB’s Safeguard requirement No. 2 in 2009
SR3 : ADB’s Safeguard requirement No. 3 in 2009
CLRD : Center for Land Resource Development
INVESTCONSULT GROUP 5 I. INTRODUCTION The Government of Vietnam (GOV) has requested the Asian Development Bank (ADB) to provide a loan toc onstruct new electricity distribution system including a 436.673 km - long Pleiku – My Phuoc – Cau Bong 500kV transmission line from Pleiku to Cau Bong via My Phuoc in southern area of Vietnam. The proponent and Executing Agency for the loan is the National Power Transmission Corporation (NPT), Vietnam’s state-owned electricity transmission company which is responsible for the planning and nationwide distribution of electricity. The Central Vietnam Project Management Board (CPMB) is responsible for the operation of the power system in central Vietnam and will be the Executing Agency of the project. NPT has identified the 500kV Pleiku–My Phuoc – Cau Bong transmission line as a high priority project and one of several projects for construction in order to meet its target of connecting 90% of the population to electricity by 2020 and 100% by 2025.The proposed 500kV transmission line from Pleiku in the Central Highlands to Ho Chi Minh City will meet energy demand in the South of Vietnam which is growing at 14% per year and expected to balloon out to 25% by 2015. The construction of 500 kV Pleiku – My Phuoc – Cau Bong transmission line together with expansion of Pleiku substation will be an enhanced and more reliable energy supply to the South of Vietnam, especially to industrial zones in the area. 1.1. Objective of the Project - The 500kV Pleiku – My Phuoc – Cau Bong Transmission Line Project, which is a part of the National Electricity Network, maintains the supply of electricity to the development need of the South of Vietnam in the 2014-2015 period. Moreover, the Project also ensures the connectivity of the transmission networks within Vietnam, Laos and Cambodia to 2015. - The Project helps to increase the reliability of power supply, reducing the risk of electricity losses. It will also optimize capacity of power plants in order to provide electricity continuously and safely to the sub-loading lines of the South in particular and the whole country in general. 1.2. Scale and scope of the Project The Transmission Line (TL) takes place within the boundaries of 06 provinces and city namely: Gia Lai, Dak Lak, Dak Nong, Binh Phuoc, Binh Duong and Ho Chi Minh City. In Gia Lai Province: - The TL is 82.768km long and passes through 18 communes which belong to districts: Chu Pah, Ia Grai, Pleiku City, Chu Prong, Chu Puh; The components of the Project include:
INVESTCONSULT GROUP 6 Table 1. Component of the project Transmission Line Length Starting point Ending point Number Components (km) of Towers Gia Lai Province 82.768 At 500 kV G15 + 403m 173 Transmission Line busbar at Pleiku Component 500 kV substation Below is the route of the transmission line:
INVESTCONSULT GROUP 7 Table 2. Summary of main features of 500kV Pleiku – My Phuoc – Cau Bong Transmission line Item Technical Data Length (km) 436.673 - Starting point At 500 kV busbar at Pleiku 500 kV substation - End-point At 500 kV busbar at Cau Bong 500kV substation Right of Way width 16m from either side of the centre line 60m from the 16th meter from the center Earth grounding width line Voltage 500 kV Number of circuits 2 Conductor 4xACSR-330/43 Earth wire OPGW-90 & PHLOX-116 Optical repeater cable 24 fiber lines Suspension towers (number) 808 - Height Average is 65m, the highest is 79m - Area requirement/tower 337.62 m² Tension towers (number) 118 - Height Average is 60m, the highest is 72m - Area requirement/tower 653.4 m² 1.3. Impacts of resettlement in Gia Lai province The 500kV Pleiku – My Phuoc – Cau Bong transmission line went through 18 communes/4 districts and 1 city belong to the Gia Lai province. The Project had to process to permanently acquire 128 households with 173 pole positions, mainly agricultural land. The implementation of the Project impacted on 39 households and other 43 works. Table 3. Permanent land acquisition in 500 kV Pleiku – My Phuoc – Cau Bong project No Provinces Number of Number of Acquired land permanent APs towers (m2)
1 Gia Lai 128 173 46,220
1.3.1. Impact on land acquisition Within 32m width of ROWs of 82,768 km in total in the province, there were 2,563,731m2 belong to ROW, in which 46,220 m2 land taken permanently for tower construction. The following table presents project’s affected lands:
INVESTCONSULT GROUP 8 Table 4. Type of affected land
No Restricted Lands Use (m2) Restricted Provinces Lands Permanently and Agricultur Paddy Forest Residenti under Acquired Districts al Land Land Land al Land ROWs Lands
I Gia Lai
1 Chu Pah 43,312 3,551 - - 46,864 4,121
2 Ia Grai 443,148 52,361 - 1,402 496,911 15,966
3 Pleiku City 118,883 - - - 118,883 5,389
4 Chu Prong 550,253 - 1,535 - 551,788 19,281
5 Chu Puh 21,532 - 48,060 - 69,592 1,463
Subtotal 1,177,128 55,912 49,595 1,402 1,284,038 46,220
1.3.2. The affected trees Table 5. Distribution of affected trees
Industrial Fruit No Province/ District Trees Trees Others Total
I Gia Lai Province
1 Chu Pah District 3,450 480 30 3,960
2 Ia Grai District 41,026 0 88 41,114
3 Pleiku City 6,783 0 0 6,783
4 Chu Prong District 33,042 30 0 33,072
5 Chu Puh District 1,270 0 0 1,270
Total 85,571 510 118 86,199
INVESTCONSULT GROUP 9 There are about 31,389 trees affected by the Project, mainly industry trees with highly economic value such as rubber, coffee, and cashew. The remaining trees are several of fruit trees, forest trees, timber, and shade trees. 1.3.3. Affected houses and other structures Besides 39 houses must be replaced, the TL also affects other 43 structures including kitchens, yards, bathrooms/latrines, animal shelter, etc. Those affected houses and other structures were determined according to Decree 106/NĐ-CP and Decree 81/NĐ-CP on Protection of Safety corridor of High-Voltage Power Grid Works. Table 6. Affected houses and other structures Number of Affected Houses and Other Structures Yard Wells Other Houses Animal Shelters Latrines Kitchens structures
No Province/District Bathrooms/ Total
I Gia Lai Province
1 Chu Pah District 4 3 0 1 3 0 11
2 Ia Grai District 17 6 3 2 1 4 33
3 Pleiku Town 2 0 0 1 3 0 6
Chu Prong 4 District 16 5 2 3 3 3 32
5 Chu Puh District 0 0 0 0 0 0 0
Subtotal 39 14 5 7 10 7 82
1.3.4. Severely affected households According to REMDP and RP, Severely Affected Households (SAHs) refers to affected households who will lose 10% or more of their total productive land and/or assets, have to relocate; and/or lose 10% or more of their total income sources due to the Project. The permanent land acquisition affected 10 SAHs, in which 01 household is the Kinh people and 04 households are ethnic minority people. Table 7. Impact of land acquisition on severely affected household Province Number of SAHs Kinh’s people Ethnic Minorities
Gia Lai 5 1 4
INVESTCONSULT GROUP 10 II. LEGAL FRAMEWORK AND COMPENSATION POLICIES 2.1. Legal framework The legal and policy framework for compensation and resettlement under the Project is defined by the relevant laws of the Government of Viet Nam (GOV) and the ADB’s Policyon Involuntary Resettlement. 2.1.1. The legal background of Vietnam’s Government In addition to the Constitution of the Socialist Republic of Viet Nam (April 1992), the GOV has promulgated a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation, resettlement and policy on ethnic minorities. The principal documents include: Policies of Vietnam’s Government on land acquisition 2003 Law on Land, promulgated on November 26, 2003 by Vietnam’s National Assembly. Law on Complaints, approved by the National Assembly in 2011. Government’s Decree No.181/2004/ND-CP, dated October 29, 2004, Guiding the Implementation of the Amended 2003 Law on Land. Government’s Decree No.84/2007/ND-CP, dated May 25, 2007, providing additional guidance on the grant of land use right certificates, land recovery, exercise of land use rights, order and procedures for compensation, support and re-settlement when land is recovered by the State. Government’s Decree 197/2004/ND-CP, dated December 03, 2004, regulating compensation, assistance and resettlement when the State acquires the land. The Decree provides guidance on implementation of land compensation, assets compensation, support and resettlement policy related to land acquisition. Government’s Decree 188/2004/ND-CP, dated November 16, 2004, on methods to identify land price and land price frame for different types of land. Government’s Decree 123/2007/ND-CP, amending and supplementing some articles of Decree 188/2004/ND-CP. Government’s Decree 69/2009/ND-CP, dated August 13 2009, additionally providing for land use planning, land acquisition, compensation, assistance and resettlement in case of land acquisition, regulating the land price, land allocation and lease, and additional requirements related to land use rights. Government’s Decree 106/2005/ND-CP dated August 17, 2005, regulating the protection and safety corridor of high-voltage power grid works. Some articles of this decree was amended and supplemented by Decree 81/2009/ND-CP dated October 12, 2009. Government’s Decision 52/2012/QD-TTg dated November 16, 2012on employment and vocational training support policies for laborers subject to agricultural land recovery.
INVESTCONSULT GROUP 11 Circular 144/2004/TT-BTC, dated November 26 2004, of the Ministry of Finance providing guidelines on the implementation of Government’s Decree 188 on land price evaluation. Circular No. 14/2009/TT-BTNMT of the Ministry of Natural Resources and Environment, detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease. Policy of Vietnam’s Government on Ethnic Minority groups Decision 327-CT dated September 15, 1992 of the President of the Council of Ministers providing Master Guidelines and Policies to Utilize Unoccupied Land, "Barren" Hilly Areas, Forests, Denuded, Beaches and Waterfront (also known as Program 327). Instruction 525-TTg dated November 02, 1993, issued by the Office of the Prime Minister on Policies and Measures for Social – Economic Development in the Mountainous Areas. Decision No. 135/1998/QD-TTg dated July 31, 1998, issued by the Office of the Prime Minister, on approval of the Program on Socio-Economic Development in Mountainous, Deep-Lying and Remote Communes with Special Difficulties (also known as 135 Program). Decree No. 163/1999/ND-CP of November 16, 1999, issued by the Office of the Prime Minister, on Assigning and Leasing Forestry Land to Organizations, Households and Individuals for Stable and Long-Term Use for Forestrial Purposes. Decision No. 132/2002/QD-TTg of October 8, 2002, issued by the Office of the Prime Minister, on the allotment of production and residential land to local ethnic minority people in the Central Highlands. Resolution 24-NQ/TW dated March 12, 2003 on Ethnic Minorities Work Resolution No.22/NQ-TW of 11 November 2003 of the Party's Politburo on a Number of Policies for the Socio-Economic Development in the Mountainous Area. Decision No. 134/2004/QD-TTg of July 20, 2004, on a Number of Policies on Support Regarding Production Land, Residential Land, Residential Houses and Daily-Life Water for Poor Ethnic Minority Households (also known as 134 Program) issued by the Prime Minister. Decision No. 07/2006/QD-TTg dated January 10, 2006, issued by the Office of the Prime Minister, on approval of the Program on Socio-Economic Development in Mountainous, Deep-Lying and Remote Communes with Special Difficulties in the period of 2006-2010 (also known as 135 Program phase II). Joint Circular 676/2006/TTLT-UBDT-KHDT-TC-XD-NNPTNT dated August 8, 2006, issued by the Office of the Prime Minister, guiding the Implementation of the Program on Socio-Economic Development in Mountainous, Deep-Lying and Remote Communes with Special Difficulties in the period of 2006-2010.
INVESTCONSULT GROUP 12 Decision No. 112/2007/QD-TTg dated July 20, 2007, of the Prime Minister on Policies to Support Services, Improve People’ Life, and Provide Legal Aid for Raising Legal Awareness under Program 135, phase II. Decision No. 33/2007/QD-TTg dated March 05, 2007, of the Prime Minister on Policies to Support Relocation of Ethnic Minority Inhabitants for Sedentary Farming and Settlement in the 2007-2010 Period. Decision No. 01/2007/QD-UBDT dated May 31, 2007, of the Ethnic Council recognizing Communes and Districts as Mountainous or Highland Ones after Adjustment of their Administrative Boundaries. Decision No. 05/2007/QD-UBDT dated September 06, 2007, of the Ethnic Council recognizing Three Areas of Ethnic Minority and Mountainous Regions According to Their Development Levels. Decision No. 06/2007/QD-UBDT dated October 12, 2007 of the Ethnic Council promulgating the Communication Strategy for 135 Program, phase II. Circular No. 06/2007/TT-UBDT dated September 20, 2007 of the Ethnic Council guiding the Provision of Services, Improvement of Peoples Life and Provision of Legal Aid for Raising Legal Awareness under Decision No. 112/2007/QD-TTg. Government’s Resolution No. 30a/2008/NQ-CP dated December 27, 2008 on the Support Program for Fast and Sustainable Poverty Reduction in 61 Poor Districts. Government’s Decree No. 82/2010/ND-CP dated July 20, 2010 on Teaching and Learning Ethnic Minority Languages in General and Continuing Educational Institutions. Decision No. 52/2010/QD-TTg dated August 18, 2010 of the Prime Minister stipulating the Policy on Provision of Legal Aid for the Poor and Ethnic Minority People in Poor Districts during 2011-2020 in order to improve their legal awareness and knowledge. Decision No. 18/2011/QD-TTg dated March 18, 2011, of the Prime Minister, on Policy towardrestigious Persons in Ethnic Minority Communities Joint Circular No. 05/2011/TTLT-UBDT-BTC dated December 16, 2011, of the Committee for Ethnic Minorities guiding the Prime Minister’s Decision No. 18/2011/QD-TTg of March 18, 2011, on the Policy toward prestigious Persons in Ethnic Minority Communities. Decision No. 42/2012/QD-TTg dated October 08, 2012 of the Prime Minister on giving Support to Units, Organizations Using Employees Who Are Ethnic Minority People in the Mountainous Regions, Especially Difficult Areas. The above regulations form a framework that allows local authorities in each province issues their own decisions and regulations. Through these decisions and regulations, compensation rates and other supporting mechanism for households affected by land acquisition and resettlement are regulated. The decisions in Gia Lai province are as follow: Decision No. 36/2011/QD-UBND dated December 21, 2011 of the People’s Committee (PC) of Gia Lai Province on Setting Land Price Brackets for Land Categories in Gia Lai Province in 2012.
INVESTCONSULT GROUP 13 Decision No. 31/2012/QD-UBND dated December 20, 2012 of the PC of Gia Lai Province on Setting Land Price Brackets for Land Categories in Chu Pah District in 2013. Decision No. 38/2012/QD-UBND dated December 20, 2012 of the PC of Gia Lai Province on Setting Land Price Brackets for Land Categories in Ia Grai District in 2013. Decision No. 51/2012/QD-UBND dated December 28, 2012 of the PC of Gia Lai Province on Setting Land Price Brackets for Land Categories in Pleiku City in 2013. Decision No. 30/2012/QD-UBND dated December 20, 2012 of the PC of Gia Lai Province on Setting Land Price Brackets for Land Categories in Chu Prong District in 2013. Decision No. 32/2012/QD-UBND dated December 20, 2012 of the PC of Gia Lai Province on Setting Land Price Brackets for Land Categories in Chu Puh District in 2013. Decision No. 10/2013/QD-UBND dated May 22, 2013 of the PC of Gia Lai Province on Setting Price Brackets for Newly Built Houses and Structures on Lands. 2.1.2. Policy of Sponsor The aim of the ADB’s Policy on Involuntary Resettlement (2009) is to avoid or minimize the impacts on people, households, businesses and others affected by the land acquisition required by the Project. The overall goal of the ADB policy is to compensate and assist affected people to restore their living standards to levels equal to, if not better than, that which they had before the Project. The main objectives and principles of the policy are as follows: (i) Screen the project early to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.
INVESTCONSULT GROUP 14 (iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. (iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and civic infrastructure and community services, as required. (v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. (viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. (x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.
INVESTCONSULT GROUP 15 (xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close monitoring throughout project implementation. (xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. 2.2. Gaps between Laws of Vietnam and ADB Policy The 2003 Land Law and Decree 197/2004/ND-CP considerably reduced differences that had existed between GOV and ADB policies relating to involuntary resettlement prior to the enactment of this legislation. Remaining gaps have just been further reduced by Decree 17/2006, Decree 84/2007 and Decree 69/2009. Table 8 highlights the key differences between Vietnam’s policy on resettlement and the ADB’s policy on involuntary resettlement. Measures to bridge the remaining differences in order to make local practices consonant with Bank policies and procedures are also provided.
INVESTCONSULT GROUP 16 Table 8. Comparison between Decree 197/ND-CP, Decree 69/ND-CP and 2009 SPS of ADB Policy Areas of 197/2004/ND-CP, 69/2009/ND-CP ADB SPS 2009 Project Policy Comparison
Severely Decree 69, Article 20: For significantly impacted The involuntary resettlement Losing 10% or more of the impacted APs, livelihood restoration measures cut in when impacts of an ADB-supported household’s productive assets Affected AP loses at least 30% of productive agriculture subproject are considered shall be considered as Persons (APs) land. significant if 200 or more persons threshold. losing will experience major impacts, productive which are defined as land (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).
APs without Decree 69: Article 23:Persons whose main income Those APs without legal title to Subproject affected people, LURC is derived from agricultural production whose land land will be included in without legal or recognizable is acquired by the Government and cannot satisfy consultations. Ensure that APs legal claims to land acquired, LURC and compensation conditions stipulated in without titles to land or any will be equally entitled to Article 8 of Decree No. 197/2004/ND-CP and recognizable legal rights to land participation in consultations Articles 44, 45 and 46 of Decree No. 84/2007/ND- are eligible for resettlement and subproject benefit CP, will be referred to the Provincial Peoples’ assistance and compensation for schemes where possible, and Committee for consideration of the level of loss of nonland assets including be compensated for their lost assistance to be provided in conformity with the dwellings, structures and other non-land assets such as locality’s actual conditions improvements to land such as dwellings and structures crops, irrigation, at full occupied before cut-off date. replacement cost. Safeguards They will be entitled to
INVESTCONSULT GROUP 17 cover involuntary restrictions on resettlement assistance and land use or on access to legally other compensation and social designated parks and protected support to assist them to areas. Covers temporary and improve or at least restore partial losses. their pre-subproject living standards and income levels.
Compensation Decree 69, Art 24: Compensation for House, Rate of compensation for acquired Full compensation at for structures Structures on Acquired Land. housing, land and other assets will replacement cost will be paid on acquired Clause (1) – Compensation for APs residential be calculated at full replacement for all affected structures lands structures based on value of newly constructed costs, based upon: i) fair market without any deductions for house/structure equal to technical standard issued value, ii) transaction costs, iii) salvageable materials or by Ministry of Construction (MOC) and based on interest accrued, iv) transitional depreciation, full replacement house area and unit prices issued by PPC. Clause and restoration costs, v) other costs, based upon: i) fair (2) other structures compensation equal to: a) total applicable payments. market value, ii) transaction present value using unit costs for newly constructed costs, iii) interest accrued, iv) house/structure using MOC technical standards and transitional and restoration depreciated to present value of acquired costs, v) other applicable house/structure. Maximum value cannot exceed payments. 100% of new value of acquired house/structure.
Compensation Decree 197, Article 26: Only registered businesses Affected business owners are Affected business owners are for registered are eligible for assistance. Decree entitled to (i) costs of re- entitled to (i) costs of re- businesses 69,Article20(2):if business must be suspended AP establishing commercial activities establishing commercial is compensated with max 30% of after tax income elsewhere, (ii) the net income lost activities elsewhere, (ii) the in one year, averaged over last 3 years as certified during the transition period; and net income lost during the by Tax Dept. (iii) costs of transferring and transition period; and (iii) reinstalling plant, machinery and costs of transferring and reinstalling plant, machinery
INVESTCONSULT GROUP 18 equipment. and equipment.
Compensation Decree 69 only recognizes formal registered No distinction between registered The District PC will certify for businesses as entitled to compensation for lost or nonregistered businesses in that the AP has a business in nonregistered income based upon Tax Office records. regards to compensation current operation and approve businesses entitlement for lost income and the level of lost income. other assistance.
Monitoring No monitoring indicators indicated Monitoring indicators specified for The EA will appoint an internal and external monitoring independent external monitor and reporting and undertake internal monitoring of RP/REMAP implementation according to the critical indicators.
Compensation Decree 197, Article 9: The compensation rates for Land based livelihoods restoration Where appropriate and when for lost land land shall be determined by the PPC in accordance based upon land based strategies land based compensation is with the Government regulations for the type of where possible, or cash not viable, replacement cost land which has been used for at the time of land compensation at replacement value surveys will be carried out by acquisition. provided loss of land does not the subproject staff to ensure Decree 69, Art 11, Art 16: Compensation is land undermine livelihoods for those that subproject rates for all for same-use land or, if not available, the AP can be with legal rights to land. Provide categories of loss will be compensated in cash based upon the market transfer adequate and appropriate equivalent to replacement cost price of such land at the time of the decision to replacement land. If land not at current market value. This acquire. Compensation limited to the allowable land available non-land based options work will be updated at the quota, unless land over limit due to inheritance or built around opportunities for time of compensation and will legally transferred from other persons, or unused employment, self-employment combined with other land developed according to the land use plan should be provided in addition to assistance and livelihood approved by the authorities. If not, compensation cash compensation for land and restoration measures to ensure
INVESTCONSULT GROUP 19 only for improvements on that land. non-land assets lost. full restoration and improvements. Provided AP has legal or recognizable claim, compensation will be for full amount of land acquired. Based on the ADB SPS 2009 land-for-land compensation strategy is mandatory in the case of involuntary resettlement impact on Ethnic Minorities.
Compensation Article 18,19, 20 Decree 197: All affected houses and structures, Full compensation at for structures - Houses and structures on non-eligible-for- irrespective of land tenure status, replacement cost will be paid on non-eligible- compensation land, which have not violated should be compensated at the full for all affected structures for- announced land use plans or the right of way, will replacement cost. based on current fair market compensation be assisted at 80 percent of replacement cost. price of new building land materials and labor without - Houses and structures on non-eligible-for- any deductions for salvageable compensation land, which have violated materials and labor or announced land use plans or the right of way, will depreciation. not be assisted. In special cases, the PPC will consider to assist on the case by-case basis.
Differences Decree 69, Article 14(2): If compensation is Provide physically and Physically displaced persons between through new land or allocation of land at a economically APs with needed will receive relocation compensation resettlement area or by housing and the replacement assistance including: (i) if there is assistance, secured tenure to rates and is valued at less than the land acquired, the price relocation, secured tenure to relocated land, with market rates difference will be paid in cash. relocation land, better housing at comparable access to
INVESTCONSULT GROUP 20 Decree 69, Article 14 (2) (a): If replacement resettlement sites with comparable production and employment residential land or the amount compensated to access to employment and opportunities, and civic purchase a replacement house is more than the production opportunities, infrastructure and community actual replacement cost, the AP still receives the integration of APs economically services as required, full amount. and socially into host transitional support and Decree 69, Article 14 (2) (b) if the compensated communities; (ii) transitional development assistance such amount is less than the replacement residential land support and development as land development, credit and house the AP will pay the difference assistance such as land facilities, training or themselves except for cases covered by Article development, credit facilities, employment opportunities. 19(1) – this will not apply to (poor) APs who will training or employment be assisted by the State. If the AP does not receive opportunities; and (iii) civil land or house at the resettlement site the AP will infrastructure as required. receive the cash difference.
INVESTCONSULT GROUP 21 III. INDEPENDENT MONITORING 3.1. Implementing monitoring Resettlement and Ethnic Minority Development Plan (REMDP) To implement Resettlement and Ethnic Minority Development Plan (REMDP) is a complicated task. It should be regularly monitored by the Project management unit (PMU), local authorities related to the project. This monitoring process is called the internal monitoring. Besides the internal monitoring, the donor ADB always requires that RP implementation has to be monitored by an independent, professional agency to make sure that RP is implemented as approved. It simultaneously has a thorough grasp of issues that arise in process of RP implementation since then they can propose measures to overcome those issues. 3.2. Objective of the work The main objective of the monitoring and consulting service is to make sure the APs of the 500kV Pleiku – My Phuoc – Cau Bong Project will receive full supports and benefits as stated in REMDP and rehabilitation plan as approved. The monitoring activities are conducted in order to: (i) Ensure the rehabilitation and improvement of APs’ livelihood; (ii) Supervise the whole Project to check if the current resettlement activities are aligning with the RP or not. Propose addressing methods if necessary; (iii) Assess if the rehabilitation and compensation methods are fully complied with the RPs, REMDPs, and ADB’s SPS (2009 and other amended) or not; (iv) Detect arising problems during the implementation of the Project and propose mitigation measures. 3.3. Monitoring places Monitoring places were divided into 2 types: (i) the official agencies related to the project and (ii) at project sites. These specific places are: (i) At the PMU office, Compensation Council/ Center for Land Resource Development (CLRD) and PC of related districts/wards, communes. (ii) At the project sites: Interviewing AHs at sample rates. At the first monitoring phase, the Consultant discussed with PMU, CLRD and PC of related districts/wards, communes as following: Table 9. Monitoring places No. District Commune 1 Chu Pah Nghia Hoa 2 Ia Grai Ia Sao 3 Pleiku city Gao 4 Chu Puh Ia B’Lu 5 Chu Prong Ia Bang
INVESTCONSULT GROUP 22 3.4. Monitoring indicators During the monitoring of REMDPs, the Monitoring Unit will rely on those following indicators: 3.4.1. Monitoring indicators for RP RP monitoring indicators includes but not limited to these indicators: a). Supervise organizations implementing RP - Organizations and units implementing RP (name, number of staffs, job description of each organization, etc). - Related agencies (local authorities, departments and unions, etc). The cooperation mechanism within related agencies, responsibility of each agency, etc. b). Supervise compensation payment - Payment in full amount for the assets losses; compensation based on replacement cost; - Payment on time for all AHs (according to RP). c). Supervise the reconstruction of civil infrastructures - All basic infrastructure (water supply, drainage system, roads, etc.) need to be built in resettlement areas in a manner that is equal or better than the old ones. d). Supervise the provision of resettlement places (if any) - Interview APs who is qualified to be resettled in the resettlement places to check if they were consulted on the location of the resettlement places, houses and lands. Supervise to check if the resettlement places are located in environmental sensitive areas or not; - Supervise the selection of resettlement areas, designs, infrastructures and location of lands (that allows APs to maintain/improve their living); - Supervise the drainage system (if any) and its operation; supervise the waste management activities including the method and process of waste disposal applied in resettlement areas; observe and test smell of waste, aesthetic issues, the gathering of rats, insects and other transmission vectors in the resettlement areas; - Double check if APs have been receiving all their benefits on time; - Check if displaced households are consulted at least 03 months before replacement take place; - And other issues stated in RP and other findings from reality observance. e).Satisfaction level - Assess the satisfactory level of the APs in terms of different aspects of RP which are monitored and taken note; and - Assess the satisfactory level of the APs on complaint settlement mechanism and situation of settling complaints;
INVESTCONSULT GROUP 23 - Recommend solution for current problems. g). Supervise the publicity of information and communities consulting - Assess the exposure of APs to information and check if they were consulted or not on issues related to their rights such as compensation rate, policy of rights, location, designs and distribution of land in resettlement areas; - Involve in meeting of people organized by CPMB or Provincial/District’s Committee of Compensation to know more about current situation of the implementation of RP as well as newly arose problems to give suggestion on time; - Check information related to RP at local agencies and supervise the dissemination of information to APs. h). Result of the communication activities for the prevention of HIV/AIDS and human trafficking (such as the number of attendants, method, frequency of promotion activities, etc.) i). Level of living standard - During the implementation, assess and report on the trend of living standard recovery; - Research on basic level of living standard of APs before and after the resettlement to assess the improvement of APs’ living standard; - Predict the recovery of APs’ income and living standard; - The recovery of SAPs; - Assess the financial supports to APs as stated in RP; - Supervise the rehabilitation support to SAPs. 3.4.2. Supervise the implementation of REMDP The Monitoring Unit will supervise the REMDP from implementation to management. Main monitoring indicators includes: a). Supervise the payment of compensation - Pay in full amount for assets lost in required rate; - Pay on time for AHs. b). Satisfaction level - Satisfaction level of AHs to different aspects in REMDP; - Complaints on compensation and duration for its settlement. c). Information publicity and communities consultancy - Whether AHs get enough information and were consulted on issues related to their rights; - Discover the maintenance in the implementation of REMDP and provide suggestions.
INVESTCONSULT GROUP 24 3.5. Implementation method The monitoring will be conducted through the method of sociology investigation: quantitative method (Direct interview based on Questionnaire Survey) in combination with qualitative methods (In–depth interview and Focus Group Discussion with key persons and APs). The Monitoring Unit had prepared a questionnaire and guidelines for in-depth interview. The collection of resettlement information was done by PMU, district/ward compensation council and APs. The appraised result is compared with the result after field visits. 3.5.1. Information collection 3.5.1.1. Studying documents Before monitoring, the Monitoring Unit will study carefully the following documents: RP of the Project; TOR for monitoring activities; Guidance of ADB on relevant activities of involuntary resettlement (2009); legal documents of Vietnam related to land acquisition, compensation, assistance and resettlement, such as: - Decree 181/2004/ND-CP dated November 13, 2004 guiding the implementation of Law on Land; - Decree 188/2004/ND-CP dated November 16, 2004 regulating the method to determine land price and frame of land price for areas and kinds of land; - Decree 197/2004/ND-CP dated December 03, 2004 by the Government on compensation, assistance and resettlement when the State recovers land; - Decree 123/2007/ND-CP on amending, supplementing some articles of Decree 188/2004/ND-CP of Government on regulating the method to determine land price and frame of land price for areas and kinds of land; - Decree 84/2007/ND-CP by the Government dated May 25, 2007; - Decree 69/2009/ND-CP on supplemented regulations on land use, land price, land acquisition, compensation, assistance and resettlement; - Other related documents. Materials/Minutes related to RP implementation and resettlement policy framework of compensation, support and resettlement that ADB or the Prime Minister approved… 3.5.1.2. Qualitative method Monitoring specialists of the Consultant will carry out a discussion with leaders and staffs responsible for resettlement of PMU, official responsible for resettlement of CLRD in district to collect related information and documents. In-depth interview with APs will be combined in interview by questionnaires 3.5.1.3. Quantitative method
INVESTCONSULT GROUP 25 The monitoring team carried out a survey to collect information and assess the compensation and resettlement of the transmission line. Based on the list of AHs provided by CLRD, the Consultant will select randomly numbers of households to interview. The objects of interview include women, the elder and other vulnerable groups. 3.5.2. Sampling Monitoring places of phase 1 were divided into 2 types: (1) the official agencies related to the project and (2) at project sites. These specific places are: - At the Central Vietnam Power PMU office, compensation council and PC of Gia Lai’s districts and communal PC; - At the project sites: Interviewing AHs in the project area, taking some photos of typical APs. Selection and classification of respondents At the first monitoring phase, the Consultant categorized respondents into two groups: Group 1: officials directly or indirectly participate in the works aiming at minimizing impacts on people and environment, especially officials of the construction units directly involved. Additionally, this group also includes officials of PMU and local officials. Group 2: local household having affected properties during the construction of the project. Sampling Based on the contract between PMU and the Consultant, the sampling is to interview 10% the number of APs along the whole route according to approved compensation plan. At the time of monitoring drive 1, to ensure the sampling to be representative of all aspects as well as to ensure to the involvement of all affected groups, the Consultant agreed to: (1) Interview 10% number of APs losing land for making foundation pillar (2) Interview 10% number of APs who affected RW The number of households in the monitoring drives 1 as below: Table 10. Number of interviewed APs No. District Commune Number of households 1 Chu Pah Nghia Hoa 3 2 Ia Grai Ia Sao 30 3 Pleiku city Gao 6 4 Chu Puh Ia B’Lu 1 5 Chu Prong Ia Bang 22 Total 62
INVESTCONSULT GROUP 26
IV. RESULTS/FINDING DURING REMDPs MONITORING 4.1. Implementation progress The project in Gia Lai province was divided into 2 packages numbered 01 and 02, which implemented by 02 different Constructors. Until the monitoring time, the progress is as following:
INVESTCONSULT GROUP 27 Table 11. Construction progress
On the Number Number Percentage process Number Number of Package Length Digging Pole Foundation of Constructor of Mound of pole of of poles uncompleted name (km) position position ratio (%) completed positions built (%) building received poles poles pole Power 27.220 Construction and Engineering 58 58 58 34 100% 59% 5 60 51 9 Package one member 01 limited (ĐĐ-G6 Company &NXT) Number 4
Leveling the ground of substation: 100%; concrete the foundation of pole: 6/6 foundation; moving part of 35kV NXT 500kV transmission line: Foundation 35kV: 07/07VT, pole 07/07 VT; ĐZ 0,4kV: Mound and create 22/22VT, and then Pleiku earthling, foundation of the wall.
Package Vietnam 38.630 (G6- Power G13) Construction JSC Package 28.410 142 142 142 75 100% 53% 18 139 101 38 03 (G13- G17)
INVESTCONSULT GROUP 28 4.2. REMDPs implementation The implementing activities of RP for Pleiku – My Phuoc – Cau Bong 500 kV transmission line Project have been coordinated with Compensation council – site clearance of Gia Lai’s districts by CPMB since 2013 to implement: - Create the detailed compensation plan: statistic, prices for each households - Submit detailed compensation plan to offer PC to issue acquisition decision and detailed properties; - Coordinate with project owner to make compensation payment for APs; - Site clearance for safety corridors as prescribed; - Coordinate with CPMB to solve the complaints, inquiries of compensation payment; - Collect dossiers, cost for implementing the compensation payment and striking a balance with CPMB. RP was divided into 2 periods of implementation (1) compensation for land and properties at pole position and (2) compensation and support for affected properties in safety corridors. 4.3. Indicators 4.3.1. Information dissemination Information dissemination is an important part of ADB’s policies and the Government of Vietnam. Information dissemination is an important activity to contribute to the success of the project in general and the compensation payment, resettlement in particular. Publicity aims to ensure all APs to reach the entire project’s information, understand their benefits, reduce the complaints during the implementation of the project and contribute to the project’s progress. Through discussion with Compensation Council in districts and PCs of communes in the project area, it was seen that the information dissemination was done efficiently. The documents of safeguard policies were delivered to affected communes and published in all PCs of communes. To prepare for check and site clearance, CPMB had a document sending to provincial PC to inform about land acquisition for project construction in the area of province/city. After having the decision to create Compensation Council, CPMB processed to work with compensation council, provincial PC, communal PC to public construction plan. Those days was recognized as the close day of the project. After the construction plan announced, the officials of CPMB – Site clearance department coordinated with compensation council to organize meetings in every affected commune. The contents were: - Inform the size of project in the area of commune; - Inform about the compensation policies; - Inform about the checking plans; In each communes, there are usually 3 meeting happens in different time: before inventory, after inventory; after the construction plan published.
INVESTCONSULT GROUP 29 Table 12. Information dissemination methods Implementation No. Information dissemination methods RP Reality 1 Organize meetings to announce about the project Yes Completed 2 Public speakers Yes Completed 3 Post policy framework at the public places Yes Completed 4 Guide the complain and complaint resolving process Yes Completed This table showed that the information dissemination was accordance with RP. Most of interviewed APs understood the supporting policies and learn how to process the complaints as necessary. As the monitoring result phase 1, the local officials together with head villages went to the construction area and inform about the Project to every APs. Besides, APs also learned about the Project by the public information at communal PC or listen to public speakers. After understand the Project’s information, 100% number of APs were invited to attend a meeting to have more understanding about the Project. 4.3.2. Compensation payment 4.3.2.1. Validity of compensation documents Each compensation documents of AH include following papers: (i) Minutes of asset inventory; (ii) Minutes of situation identification; (iii) Drawings; (iv) Detailed compensation, supporting plan of each household; (v) Minutes of compensation payment; and (vi) Complaints in written (if any). In addition to the above documents, some other materials/papers are also considered such as compensation plan, decision on approving compensation plan, supplemented compensation and support plan (if any), decisions on settling complaints of local authorities, etc Validity of compensation documents is assessed through (i) completeness of above administrative documents, (ii) appropriation in terms of time between documents/papers, (iii) completeness of signatures and (iv) accuracy of calculations. Result of random checking of compensation documents of AHs is as follow: - Each document has all above-mentioned papers - Time between documents/papers is appropriate - Data of documents is unified - Calculations are accurate - Having all related signatures.
INVESTCONSULT GROUP 30 4.3.2.2. Completeness in terms of quantity Completeness in terms of quantity of AHs’ assets is assessed through (i) comparison between Minutes of asset inventory, compensation calculation worksheet and Minutes of compensation payment, (ii) interviewing AHs. Result of checking and comparing all documents and papers show that: all assets of AHs that have been inventories have been calculated sufficiently in compensation calculation worksheet. There is no difference in terms of quantity in the Minutes. The amount of payment for households in the Minutes of compensation is totally the same as the approved amount in the Decision of compensation approval. Besides, the Consultant has interviewed some households received compensation to assess the completeness in terms of quantity of affected assets. Result of checking documents and interviewing AHs is summarized as follow: Table 13. Completeness in terms of AHs’ Assets 5. No. of AHs 3. 1. Participating received 2. Insufficient Documents 4. Shortage in compensation/ measurement/ clearly in measurement/ not fully paid inventory show planning Communes inventory for affected figures assets
Yes No Yes No Yes No Yes No Yes No
ChuPah 3 0 0 3 3 0 0 3 3 0
Ia Grai 30 0 0 30 30 0 0 30 30 0
Pleiku city 6 0 0 6 6 0 0 6 6 0
Chu Puh 1 0 0 1 1 0 0 1 1 0
Chu Prong 22 0 0 22 22 0 0 22 22 0
Total 62 0 0 62 62 0 0 62 62 0 All checked documents are clear and sufficient, compensated assets are equal to the inventoried assets. All interviewed households participated in the process of assets measurement and inventory, before the Compensation committee of districts established compensation plan and submitted to the local authorities for approval. 4.3.2.3. Timeliness of compensation The payment of compensation had finished right after the approval of compensation plan. Some households, who at first did not agree with the compensation rate, were explained about the rate and then agree to receive the money so that the progress of the project was not affected. When interviewed, 62/62 households had received the compensation and actively hand over the land for the investor to proceed the construction. 4.3.2.4. Compensation payment Up to the time of first monitoring, the compensation for AHs in Gia Lai province is as follows:
INVESTCONSULT GROUP 31 After the compensation plan approved by PPC, the CLRDs of districts announced to affected individuals and organizations. - In Chu Pah and Ia Grai district and Pleiku city, the compensation to the AHs by foundation had finished and that to the AHs by ROWs is being continued. - In Chu Prong district, the compensation to 56 AHs by both foundations and ROWs had finished. The plan for the rest AHs is now getting approval. - In Chu Puh district, the compensation had completed. The contractor has now built poles and set up conductors. - For the money that had not been received, CPMB would transfer to bank account. 4.3.3. Recovery of civil infrastructure In general, the construction work of the project does not affect the infrastructure of the local area, mainly the temporary influence of agricultural land by road construction, materials and yard work camp for construction workers… In addition to digging and molding foundation, construction of poles and conductors set up affected agricultural land, trees and crops of the people. All this damage was calculated by the Construction Company and APs and then coordinated with Land development Center and CPMB to make compensation plan to conduct compensation for households. The loss of land acquisition for road construction, materials site is paid by the investor, the loss of trees and crops by wiring is paid by the contractor to pay. 4.3.4. Site for resettlement The projects mainly acquired agricultural land; households subject to mandatory relocation will be compensated in cash to support the resettlement on the remaining land. In case the household has no remaining land, they will be compensated in cash to relocate in other place or given land if the local have the land resource. In five districts and city that interviewed, two households were mandatory relocated, which were households of Mr. Nguyen Bang and Mr. Vu Dinh Thao in Ia Sao commune, Ia Grai district. These two households’ remaining land was inappropriate; however the land resource of Ia Grai district was not enough for them to relocate. As a result of this, CLRD and DPC had sent document to PPC for solution. 4.3.5. The communication activities on prevention of HIV/AIDS and human trafficking In project’s commune, communal PC and relevant authorities often concerns about communication activities on prevention of HIV/AIDS and human trafficking. The detailed content is as follow: - Poverty reduction and settlement of social affairs, together with Women Union and Youth Union, playing key role in HIV/AIDS and human trafficking prevention program. - Dissemination and education in locality on HIV/AIDS and human trafficking prevention - Strengthening capacity of units, organizations participating in the program in order to efficiently handle the risk of HIV infection and trafficking in project area.
INVESTCONSULT GROUP 32 - Training for trainers of agencies, organizations participating in HIV/AIDS and human trafficking prevention program - Accelerating the provision of HIV counseling and testing services efficiently. 4.3.6. Implementation of EMDP Land acquisition in the ethnic minority’s area does not directly or indirectly affect (i) their dignity, human rights, livelihood systems and culture; (ii) territory or natural resources, culture they owned, used, occupied (iii) require property or ancestral territory. Similarly, the project will not cause injury to ethnic minorities, because (i) it will not involve commercial development of their cultural resources and knowledge; (ii) they are not physically move from government land allocated to them for the purpose of using traditional culture; and (iii) would not have committed to commercial development of natural resources in the territory which affect livelihoods, culture, spirit activities identified in their communities. This transmission line project just passes agricultural land for economic development in Vietnam. In Gia Lai province, the number of ethnic minority affected households is not significant; the influence is mainly on trees and crops in ROWs. However, for ethnic minority households, DPC has also integrated government’s support program for the minority to provide them with trees, seed and to ensure houses and production land for ethnic minorities. Besides, in the design process, the relevant units have made adjustments to avoid the relocation of families from ethnic minorities. 4.3.7. Level of satisfaction According to assessment of monitoring group, almost interviewed households are satisfied with compensation plan that the project proposed. Some households are not satisfied with compensation price for land, crops or limit of support for agricultural land. However, after considering and clarifying, PC of Gia Lai concludes that compensation plan for those households are totally complied with regulations of the State and PC of Gia Lai province. After that, those households have received compensation and support as provided in the approved compensation plan. The ratio of satisfaction of households is summarized in following table: Table 14. Satisfaction level Satisfaction level No. Commune Satisfied Not satisfied No comment
1 Nghia Hoa 2 0 1
2 Ia Sao 20 7 3
3 Gao 3 0 3
4 Ia B’Lu 1 0 0
5 Ia Bang 14 3 5
Total 40 10 12
INVESTCONSULT GROUP 33
4.4. Obstacles arising issues during the implementation 4.4.1. Pleiku city The compensation plans and compensation payment in Pleiku city is quite completed. Some lands are not available of information owners. The local authorities have allowed processing the construction in those lands. 4.4.2. Chu Prong district Quang Duc Company questioned that according to the project’s calculation of property tally, the number of compensation payment due to affected trees was very low. Until now, after explanation and negotiation from CPMB’s officials, Quang Duc Company agreed the compensation price for affected properties and in the process of compensation payment. 4.4.3. Chu Puh district In the area of Chu Puh district, the compensation payment has been completed. Regarding to service roads area, gathering collection yard to serve construction has been affecting works on land. Communal authorities and compensation council has observed, made compensation plans and compensation payments for APs. The direction is that the construction unit will work together to find out, negotiate themselves and make compensation payment for APs. The family of Pham Duc Huy has 60m2of warehouse and growing crops in the area of corridors; the Consultant of design processed survey and made compensation plans.
4.4.4. Ia Grai district In the area of Ia Grai, there were 3 households belong to Ia Sao district having houses in the centre of both new and old 500kV transmission line, even though in out of the safety corridors but they were asked to move to another places because the afraid of some impacts on their daily livings. 4.5. Complaints and resolving complaint The complaints and inquiries related to compensation implementation, support or resettlement will be resolved in accordance with the current Vietnam provisions. Compensation process and complaint mechanisms of the Project are comply with the steps outlined in the initial RP. Complaints in Gia Lai province mainly related to compensation Price of land, trees and crops. Some households have has petition sending to PCs, CLRD as soon as CLRD had the reply documents, as following:
INVESTCONSULT GROUP 34 Table 15. Complaining issues No. Complaint Complaint solving Commune Household content mechanism 1 Ia Sao, Ia Nguyen The household PMU got the Grai Tan Hung finished the recommendation from the compensation household and waiting for procedure; the senior. however the current house is next to the line, impacting on the health of people in the family. 1 Ia Sao, Ia Nguyen Households were District PC got the Grai Bang acquired land but complaints and in the 2 Ia Sao, Ia Vu Dinh the remaining land process of organizing a Grai Thao was not enough for meeting to deal with it resettlement on within January of 2014. site, it is needed to resettlement 3 Ia Sao, Ia Le Thuy These households Grai Tuu locate between two CLRD reported to CPMB 4 Ia Sao, Ia Pham Thi new circuit 500kV and recommendations to Grai Thanh power lines and old EVN for guidance from Phung circuit, affecting higher management level. 5 Ia Sao, Ia Nguyen the lives of Grai Van Than families. 6 Ia Sao, Ia Hoa Van Grai Duong CPMB’s officers at site 7 Ia Sao, Ia Bui Thi collaborated with local Grai Duong Do not agree with government officials to 8 Ia Sao, Ia Mai Xuan the compensation explain and persuade Grai THang rate, do not allow households. Now 9 Ia Sao, Ia Trang Thi build poles compensation completed Grai Hang and is under construction. 10 Ia Sao, Ia Dinh Van Grai Trien 11 TP. Pleiku Huynh Reduce the value Pleiku city is now Van Cu of land because proceeding and seeking land next to opinions from other highway under departments to solve the safety corridor was problem. 12 Chư Prông Tran Tuan acquainted with DPC is now proceeding and Lam large area while seeking opinions from other planned departments to solve the compensation rate problem. was much lower than market price.
INVESTCONSULT GROUP 35 V. CONCLUSION AND RECOMMENDATIONS 5.1. Conclusion To conclusion, REMDPs’s implementation in Gia Lai province basically followed approved REMDPs. The Consultant just has some comments as below: - The organization structure: the relevant authorities stated in REMDPs did quite well their assignments, which contributed to the implementation of the Project conveniently. - The information dissemination propagated sufficient information, Project’s policies, complaint mechanism and resolving complaint to APs. By doing it, the Project hasn’t received any petition due to the lack of understanding of the Project. - The property tally, compensation plan and payment complied with the agreement of most of APs. Most of interviewed APs found that their properties was tallied and paid sufficiently, which proved that the compensation payment was done timely and sufficiently. - Compensation price: this is a sensitive matter and always being the reason for complaints in many projects. By analysis and comparison between compensation price and price stated in REMDPs, it was seen that the compensation price was applied in accordance with the provisions of Gia Lai province. - Complaints and resolving complaint: all official or unofficial inquiries, complaints of households were resolved by REMDPs following the provision and procedure. 5.2. Recommendations In general, the implementation of REMDPs reached all requirements. However, to ensure the implementation of REMDPs and the progress of the whole project, the Consultant has some recommendations as below: - Keep implementing the information dissemination, information and policy propagation for APs - CLRD and other relevant authorities should hasten the progress of properties tally; make compensation plans, approval compensation plans and compensation payments for site clearance and construction. - In term of involuntary resettlement, it is needed for CLRD and other relevant units to coordinate or solve the site clearance problems for construction. - In term of households who had problems of properties tally, time Schedule of construction, the CLRD have to coordinate with PCs of communes and other relevant units to check, measure and then to have the adequate answer for those complaints.
INVESTCONSULT GROUP 36 ANNEX1: LIST OF CONTACTED PEOPLE
No. Responsible officials Title
1 Central Vietnam Power Project Management Board
Mr. Le Dinh Quang Vice Director
Mr. Le Van Hieu Head of compensation
Ms Vo Nhat Huy Officials of appraisal chamber
Mr. Ong Van Tuan Compensation official on site
Mr. Nguyen My Duc Compensation official on site
2 Land Fund Development Centre of Pleiku city
Mr. Huynh Cong Quang Director
3 Ia Grai District PC
Mr.Phan Trung Tuong Vice President of District
4 Chu Prong district – Compensation council
Mr. Truong Quoc Dung Compensation Analyst
5 Compensation and resettlement council of Chu Pah district
Mr. Le Van Quyen Vice President, Deputy Head of Natural Resources and Environment
6 Chu Pu district – Land Fund Development Centre
Mr. Nguyen Tan Trinh Chamber of economic infrastructure
INVESTCONSULT GROUP 37 ANNEX 2: LIST OF INTERVIEWED HOUSEHOLDS
No. Name Adress
Nghia Hoa commune, Chu Pah district
1 Bui Van Dinh Ward 3, Nghia hoa commune, Chu Pah district
2 Dinh Quang Hai Ward 3, Nghia hoa commune, Chu Pah district
3 Pham Trung Hai Ward 3, Nghia hoa commune, Chu Pah district
Ia Sao commune, Ia Grai district
1 Nguyen Van Ta Ia Sao commune, Ia Grai district
2 Vo Dinh Dung Ia Sao commune, Ia Grai district
3 Vo Thi Hong Ia Sao commune, Ia Grai district
4 Nguyen Bay Ia Sao commune, Ia Grai district
5 Do Ngoc Luu Ia Sao commune, Ia Grai district
9 Dao Van Luc Ia Sao commune, Ia Grai district
10 Dao Van Phuc Ia Sao commune, Ia Grai district
11 Pham Dinh De Ia Sao commune, Ia Grai district
12 Tran Thi Hang Ia Sao commune, Ia Grai district
INVESTCONSULT GROUP 38 13 Ro Cham Hiu Ia Sao commune, Ia Grai district
14 Ro Cham Pid Ia Sao commune, Ia Grai district
15 Nguyen Phuong Linh Ia Sao commune, Ia Grai district
Le Ngoc Dinh Ia Sao commune, Ia Grai district 16
17 Nguyen Quoc Huy Ia Sao commune, Ia Grai district
18 Nguyen Ngoc Phuong Ia Sao commune, Ia Grai district
19 Tran Dinh Chinh Ia Sao commune, Ia Grai district
20 Hoang Thi My Ia Sao commune, Ia Grai district
21 Tran Thi Ha Ia Sao commune, Ia Grai district
22 Le Dinh Tru Ia Sao commune, Ia Grai district
23 Vo Dinh Thao Ia Sao commune, Ia Grai district
24 Nguyen Van Thiet Ia Sao commune, Ia Grai district
25 Cao Khac Tu Ia Sao commune, Ia Grai district
26 Dao Van Phuc Ia Sao commune, Ia Grai district
27 Nguyen Trong Bang Ia Sao commune, Ia Grai district
28 Nguyen Van Dang Ia Sao commune, Ia Grai district
INVESTCONSULT GROUP 39 29 Le Van Binh Ia Sao commune, Ia Grai district
30 Dao Van Mao Ia Sao commune, Ia Grai district
Pleiku city
1 Huynh Cong Cu Gao commune, Pleiku city
2 Nguyen Thi Gai Gao commune, Pleiku city
3 Nguyen Thi Hong Thuy Gao commune, Pleiku city
4 Kpa Klep Gao commune, Pleiku city
5 Romal Pol Gao commune, Pleiku city
6 Siu Bít Gao commune, Pleiku city
Ia Blu commune, Chu Puh district
1 Nguyen Cong Tinh Ia Blu commune, Chu Puh district
Ia Bang Commune, Chu Prong District
1 Bui Van Bich Ia Bang Commune, Chu Prong District
2 Cao Xuan Thanh Ia Bang Commune, Chu Prong District
3 Dang Xuan Canh Ia Bang Commune, Chu Prong District
4 Hoang Pho Luyen Ia Bang Commune, Chu Prong District
5 Kpa Thich Ia Bang Commune, Chu Prong District
6 Kpa Thop Ia Bang Commune, Chu Prong District
7 Kpa Tua Ia Bang Commune, Chu Prong District
INVESTCONSULT GROUP 40 8 Kpa Vong Ia Bang Commune, Chu Prong District
9 Nguyen Cong An Ia Bang Commune, Chu Prong District
10 Nguyen Sinh Ia Bang Commune, Chu Prong District
11 Nguyen Van Giang Ia Bang Commune, Chu Prong District
12 Nguyen Viet Khuc Ia Bang Commune, Chu Prong District
13 Pham Ngoc Duy Ia Bang Commune, Chu Prong District
14 Pham Ngoc Tinh Ia Bang Commune, Chu Prong District
15 Tong Van Sang Ia Bang Commune, Chu Prong District
16 Tran Dinh Trong Ia Bang Commune, Chu Prong District
17 Tran Thanh Tung Ia Bang Commune, Chu Prong District
18 Tran Thi Linh Ia Bang Commune, Chu Prong District
19 Tran Van Chung Ia Bang Commune, Chu Prong District
20 Tran Van Dai Ia Bang Commune, Chu Prong District
21 Tran Van Luc Ia Bang Commune, Chu Prong District
22 Tran Thanh Dong Ia Bang Commune, Chu Prong District
INVESTCONSULT GROUP 41 ANNEX 3: PHOTOS OF FIELD VISITS
500kV transmission line went through Ia Work with Mr. Ong Van Tuan and Mr. Sao commune, Ia Grai district Nguyen Duc My, Compensation official of CPMB Board
Work with Mr.Ong Van Tuan and Work with Mr.Phan Trung Tuong, Vice Mr.Nguyen Duc My, compensation President of Ia Grai district official of CPMB Board
Work with Mr. Huynh Cong Quang, Made an interview with Nguyen Thi Gai Director of Land Fund Development family, Gao commune, Pleiku city Centre
INVESTCONSULT GROUP 42
Made an interview with Huynh Cong Cu Made an interview with K’pa Thik, Ia family, Gao commune, Pleiku city Bang commune, Chu Prong district
Made an interview with Vo Dinh Thao Work with Mr. Nguyen Tan Trinh , family, Ia Sao commune, Ia Grai economic-infrastructure office Chu Pu district
INVESTCONSULT GROUP 43 ANNEX 4: APPRAISAL DECISION/COMPENSATION PLAN
INVESTCONSULT GROUP 44
INVESTCONSULT GROUP 45 ANNEX 5: RECORD PAPER AND THE PETITION FROM HOUSEHOLDS
INVESTCONSULT GROUP 46
INVESTCONSULT GROUP 47
INVESTCONSULT GROUP 48
INVESTCONSULT GROUP 49
INVESTCONSULT GROUP 50 ANNEX 6: SURVEY TOOL ANNEX 6A: CONSULTATION OF COMMUNAL AUTHORITIES 1. Time of interview: date ..…month ….. year 201…. 2. Name of interviewee: ...... 3. Position: ...... 4. Address: ...... 5. Interview questionnaire: a) Number of Affected Persons (APs) in the Commune? b) Number of APs displaced by towers? . How many APs have been compensated:
. How many APs have not been compensated:
. In which year did the compensation implemented:
. Name the official documents related to land acquisition from Provincial People Committee: c) Number of APs in Right-of-Ways (ROWs)? . How many APs have been compensated:
. How many APs have not been compensated:
. In which year did the compensation implemented:
. Name the official documents related to land acquisition from Provincial People Committee: d) Have APs been compensated for their lost lands? . No□ Yes□ which year?…… What is the width of current ROWs…… e) Compensation for which kind of assets? . Land□ House□ Crops and Trees□ f) How is the compensation policy applied? g) How many households have complained about compensation? . No□ Yes□
. If yes, how many existing complaining households that has not been settled? Number of households: h) Beside compensation, what’s other kind of support that households received (specify kinds of support): i) Now compensated households have not used land in safety corridor is complying with agreement of which authorities? j) Assess income and living standard of APs after receiving compensation?
INVESTCONSULT GROUP 51 k) Compare compensation rate between the Kinh and Ethnic Minorities? l) If the displaced households are Ethnic Minority, have commune’s authority arranged resettlement places?
Date …..Month …….Year 201….. Interviewer
(Sign and full name)
INVESTCONSULT GROUP 52 ANNEX 6B: INTERVIEW FORM FOR AFFECTED HOUSEHOLDS Code
I. GENERAL INFORMATION OF HOUSEHOLD: 1. Full name of householder: ...... 2. Address:...... 3. Householder: ...... 4. Children under 16: ...... 5. Educational level of family’s member in working age: ...... 6. Income sources of household:
Main income of household (Yes/No) Income sources Before land After land acquisition acquisition
Agriculture (such as aquaculture, gardening, rice cultivation, etc.)
Poultry – breeding
Goods buying and selling
Food stores
Company/ Manufacturer
State officers/workers
Employee in private companies
Work in transportation field
Drivers
Subsidy from relatives (in Vietnam)
Subsidy from relatives (abroad)
Service work/house work
INVESTCONSULT GROUP 53 Main income of household (Yes/No) Income sources Before land After land acquisition acquisition
Others How is the income of family before and after land acquisition? No changes...... / Lower...... / Higher ...... / 7. Classify households as following classes? Ethnic minority Under social policy Women is householder (with/without children and without support) The old is householder without support The handicap is householder Poor households Others
II. IMPACTS CAUSED BY LAND ACQUISITION: Unit: m2 Answer Total area Yes No Area of of No Types of affected land affected households’ land remaining land 1 Residential land without house and not be displaced 2 Residential land with house and be displaced 3 Land for planting crops 4 Land for gardening 5 Land for forestry 6 Land for aquaculture
INVESTCONSULT GROUP 54 Do household have certificate of land use rights for the Yes acquired land? No Other If “other”, specify in detail
III. COMPENSATION AND SUPPORT THAT HOUSEHOLDS RECEIVED AND ITS VALUE 8. Compensation and support that households received: Note (Compare Description on reception Total Date of compensation and No (If the interviewee remember) (VND) reception market price) More Equal Less 1 Residential land 2 Agricultural land 3 Houses and other construction 4 Plants, crops 5 Support (in detail) (a) (b) (c) (d)
If the interviewee can’t remember the compensation for affected assets, he may make general comment on compensation and comparison with market price at the compensated time 9. Affected assets have not been compensated (if any)
Was the settlement of Description on affected Total this problem No assets that have not Reason (VND) proposed to been compensated be settled? And when?
1
2
3
4
INVESTCONSULT GROUP 55 5
6
IV. PROJECT INFORMATION DISSEMINATION 10. Do you get information of the project?
1 Yes 2 No
11. From which source below that you got such information? 1 Posters 4 Local authorities 2 Notice board 5 Project staffs 3 Mass media (newspaper, radio...) 6 Population groups meetings 7 Others (in detail)...... 12. Do your thoroughly understand content of compensation, rights and interests you are entitled to and procedure of complaining, through information dissemination?
1 Yes 2 No
If “No”, why:
1 Unclear dissemination 3 Don’t know who to ask
2 Didn’t learn about it 4 Others, in detail:
Assets inventory 13. Have you been noticed in advance on time for measurement, inventory of your affected assets?
1 Yes 2 No
14. Did you participate in process of measurement, inventory of your affected assets?
1 Yes 2 No
15. Do you have any assets missing out?
1 Yes 2 No
If “Yes”, which is it? ...... 16. Is the measurement of affected land, houses implemented exactly?
1 Yes 2 No
INVESTCONSULT GROUP 56 17. Did you review and sign in inventory minutes?
1 Yes 2 No
18. Do you keep one copy worksheet of your affected assets?
1 Yes 2 No
Compensation and supported payment for displaced households/households whose business is affected 19. Do you feel satisfy with compensation price?
1 Yes 2 No
If “No”, why: ...... Compensation and supported payment for households whose agricultural land is affected 20. Did you review the worksheet of compensation for your affected assets?
1 Yes 2 No
21. Did you receive any payment of compensation?
1 Yes 2 No
If “Yes”, is it:
1 Land compensation 2 Plants, crops compensation
22. When did you receive your compensation/support?
1 Before construction
2 During construction
3 After construction
23. Which kind of support below that your household received? 1 Support for ratio of lost agricultural land 2 Support for vocational training 3 Support for production stabilization/income recovery 4 Support for family under policy
INVESTCONSULT GROUP 57 5 Other supports (in detail): …………………………………. 6 Do have support but have not received any payment 7 Do not have any support 24. Do you satisfy with compensation price?
1 Yes 2 No
If “No”, why? 25. Does any member of household lose his/her job when land is acquired?
1 Yes 2 No
Complaints and complaints settlement 26. Do you have any complaint?
1 Yes 2 No
What is your complaint about? ...... 27. Has your complaint been settled?
1 Yes 2 No
28. For how long...... 29. Why not (in detail): …………………………………...... ……. VI General comment Would your pleased comment on the Project (its benefits; changes of pre- and post- project living conditions, if any, how was it changed; do you agree with the project implementation?…) ......
Date ….. month …….year..... Interviewer
(sign and full name)
INVESTCONSULT GROUP 58