VOL. 38 ELECTRICITY OF VIETNAM POWER COMPANY 1 Power network project WB Credit FOR PHU CHAN 11OKV SUBSTATION AND FEEDER Resettlement Plan Prepared by Submittedby nter for Powers Power company I Management Board Director Date................................. Date.. ....................... . . . Rural Distrivution Project Phu Chan 1lOkV substation and feeder EXECUTIVE SUMMARY I Introduction 7.7 Project Objectives The Vietnam Rural Distribution Project aims to rehabilitate and expand the 1lOkV, 22kV and 35kV distribution network in the nral areas where there is an increased need for additional electricity in order to enhance the capacity of the distr~butionnetwork and ensuring the quality of electricity supply. The ultimate goal is to improve the quality, decrease the losses, ensure the safety and increase the effectiveness of electricity purchasing business. The project will directly assists Vietnam Government to implement the mentioned objective through the following activities: - Recovering, improving and expanding the rural power system to meet the . demands of electricity in the socio-economic development in the future; - improving the accountability and quality of the power network, decrease power loss iind electricity price in the rural area, improve effectiveness of manufacturing and 1)usiness activities; improve the power net management capacity of the local power companies; - dnifying the rural power system to increase the rrccountability and quality of power supply, including decrease of power loss due to technical reasons or non- technical reasons; - Developing feeder and 1lOKV substationto ificreilse the power source for the industrial development area. Ttte project: "Phu Chan IIOKV substationand fee~lg"is to meet the demand of the power system development of Bac Ninh Province ir, the future in general and the industrial zone VSIP in particular. The transformer co~~structionis considered very impoitant in the stage of 2008 to the master development of the power network in the area: + .loin in other 1lOkV substationin the area. + Meet the demands of power capacity at present as well as in the future. ;t-JPswith afrected str~rctures(permanent) I>Pswith afl'ccted structures (partially or totally) DPs ~ ; h have to be relocated o Nil 7.2 Project Impacted Assets Tht: project will impact on: a/ Permanent land acquisition for tower foundations, and some access roads for the ccl~struction. b/ Permanent impact on houses, structures, trees, crops and other assets in the proposed tower foundation areas and in ROWs. C/Assets located in the service roads. dl A.ll trees and crops or other assets surrounding the tower foundation and ROWs. Consulting Center for Powers Design and Cosntruction 12 Rural DistrivutionProject Phn Chan llOkV substation and feeder e/ Land temporarily required during construction of the project. Results of the socio-economic survey show that: e Permanent acquisition Residential land Nil Agricultural land 5.778m2 ( DPS permanently :2.358 m2:industrial zone VSII) : 3.240 rn2) Garden land Nil Forest land Nil Temporary acquisition Residential land Nil Agricultural land 62.763 m2 Garden land Nil Forest land Nil Houses and structures affected Nil Total number of DPs by the project 371 DPs losing more than 10% of their Nil residentiallproductive land DPs temporarily affected by their 276 structures DPs permanently affected by their 95 structures DPs totallylpartially affected by their Nil structures DPs totallyipartially affected by their Nil croplperennial trees DPs totallylpartially affected by their Nil business e DPs have to relocate : Nil Tlrrough consultations, DPs opted for cash compemnsation for their impacted assets at replacement costs for fixed assets and market price for crops. Conslilting Center for Powers Design and Cosntruction 13 Rural Distrivution Proiect Pho Chan llOkV substation and feeder 7.3 MitigationMeasures 'l'nanks to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related offices, the project impacts are almost marginal. There are no DPs with their fixed assets being acquired more than 10% of their total holding, therefore no DPs reqired to be relocated and the development of reset1lement site is not required. 8 Implementation Arrangements 8.7 Implementation schedules Right after the insvestment for the project is approved, DPs in .the affected areas will be informed, again, of their rights, policy of -thisRP, including the framework, eligibility provisions, entitlement, rates and modes of compensation,assistance, implementation schedules and complaint and grievance rights mechanism. Such nforn~ationwil be delivered to DPs through community meetings, pamphlets, etc. The proposed implementation schedule is as follows: PMB and RC 1. Establishment of the project RC Done 2. Preparation of the RP Quarter IVl2007 3. Appraisal and approval of RP by B%c Quarter I112008 , Ninh People's Committee and WB 4. Negotiation (GOV and WB ) Quarter I112008 5. Effectiveness Quarter 11112008 6. Public information dissemination Quarter 11112008 7. Commencement of field works (DMS) Quarter 11112008 Consulting Center for Powers Design and Cosntruction 14 Rurai Distrivution Proiect Phu Chan llOkV substation and feeder 8.Commencement of Payment of Quarter IVl2008 compensation Dps 1 , Declaration of quantity and status of Quarter 11112008 properties 2. Receiving compensation and ground Quarter IVl2008 clearance Civil works Quarter I12009 - Quarter 11112009 Monitoring Quarter I12009 - Quarter 11112009 &/design activities must be aompleted before the WB issues the document of (( non-rejectedness for the construction bidding commission. Anv ofthe design chages )) after the WB's approval will be considered by the WB office in Hanoi before the implementation. The plan has been discussed between consultants, Center for Power design and constiuction consultaion and the Management Board of the electricity net to review the margin impacts which do not lead to relocation and the possibility to conduct activiiies at the same moments. 8.2 Institutional arrangements PC'1, assigned by EVN, is responsible for all of operations on investment guidelines, investigation and design, project construction as wee1 as supervision of compl:nsation and resettlement of the project. PC1 will directly guiding the whole imple~nentingprocess of the project including RP implementation. It will be assisted by provincial, district and commune authorities and all relevant institutions. (See the figure 2.1.2. Implementation Diagram) Consulting Center for Powers Design and Cosntruction Rural Distrivutiori Proiect Phu Chan llOkV substation and feeder 8.3 Complaints and Grievances During the project implementation, DP's complaints and grievances will be dealt with accoring to the Vietnamese Laws and regulations. DPs raising complaints will be tn:ated fairly and guided by related agencies on the procedures and foralities for lodgi~~their complaints of RP with all administrative fees exempted throughout such process. TI-rere are four steps of complaint lodging for DPs i.e Commune level, District level, Provincial level and, in extreme cases, the DPs can bring the issue to the Court by us.lngthe Bureau of Law Consultant, free of charge. (Pls. See Figure 8.5: Administrative and legislative mechanism receiving and dealing with DPs' complaints) 8.4 Supervision and Evaluation Tht: implementation of the KP will be constantly supervised anf monitored by the PC1 PMB and the Bac Ninh People's Committee. Moreover, an independent external monitoring agency will be entrusted with independent monitoring tasks. Such .. independent external monitoring agency will be selected and contracted by PNIB right i~fterRP approved and will commence their supervision and monitoring activities from the begining of the RP implementation. The result of selection of independent monitoring agency will be submitted to the W13 it's occurrence. foj. 9 . ,Costsand Budget Components Total amount Budget EVN I preparation of Itp and IlMS 31.087.943 31.087.943 Consulting Center for Powers Design and Cosntruction 16 Ruraj Distrivution Project Phu Chan llOkV substation and feeder Initial stage (preparation for RP) Implementation stage (DMS and inventory) Compensation Permanent productive land acquisition Temporary productive land acquisition Compensation for affected trees and crops Management Management cost =2% (11) Trainings, workshops, information campaigns, etc. External Monitoring = 3,5% (I + 11) Contingency = 15% (I + 11) Grant total ( I + I1 I11 + IV -tV) + Budgetfor RP implementation will befrom the counterpartjmd: EVN The interested independent external monitoring agency will prepare the technical and financial proposals for bidding and actual cost will be decided throughprocurement for independent external monitoring agency. Consl~ltingCenter for Powers Design and Cosntrl~ction 17 Rural DistrivutionProiect Phu Chan llOkV substation and feeder 10 Disclosure Draft of Policy Framework and Entitlement Matrix have been disclosured at the people's Committees of the project related Bac Ninh in the project area. Drafts of R1) have been disclosured at the offices of the provincial People's Committee of Bac Ninh Province and at the Vietnam Development and Information Centzr (VDIC) of the World Bank office in Hanoi. f h e final RP will be cleared by the WB and approved by EVN and the PMB of Bac Ninh Province. Consulting Center for Powers Design and Cosntruction 18 Rural Distrivution Project Phu Chan llOkV substation and feeder CHAPTER I INTRODUCTION 1. Introduction Pfoject Objectives The Vietnam Rural Distribution Project aims to rehabilitate and expand the 1lOkV, 22kV and 35kV distribution network in the rural areas where there is an increased need for additional electricity in order to enhance the capacity of the diskibution network and ensuring the quality of electricity supply. The ultimate goal is to improve the quality, decrease the losses, ensure the safety and increase the effec~ivenessof electricity purchasing business. - '.Theproject will directly assist Vietnam Government to implement the mentioned objective through the following activities: - Recovering, improving and expanding the rural power system to meet the demands of electricity in the socio-economic development in the future; - Improving the accountability and quality of the power network, decrease power loss imd electricity price in the rural area, improve effectiveness of manufacturing and husiness activities; improve the power net management capacity of the local power companies; - 1Jnifying the rural power system to increase the accountability and quality of power supply, including decrease of power loss due to technical reasons or non- ' technical reasons; - I leveloping feeder and 11OKV substation to increase the power source for the indusirial development area. The project: "Phu Chan llOKV substation andfeeder" is to meet the demand of the power system development of Bac Ninh Province in the future in general and the indus~rialzone VSIP in particular. The substation construction is considered very important in the stage of 2008 to the master development of the power network in the areg: Consulting Center for Powers Design and Cosntruction 19 Rural DistrivutionProiect Phil Cllan llOkV substation and feeder + Join in other 1lOkV substationin the area. i- thedemandsofpowercapacityatpresentaswellasin-thefuture. Meet + Ensure the urban beautiful looking. + Improve reliability of the power supply. t-Decrease the capacity loss in the power network and ensure the power quality. + Contribute to the development of socio-economy and culture of Bac Ninh provrnce. + Increase annual power production of the power sector. + Suit the network map according to the plan by 2010 and consider up to 2015. I.1. Scope of the project 1'I OkV substation - The Phu Chan 1lOkV substationis constructed to install two electric transformers, each of which has a capacit.~of 63 MVA. Initially, it is required to install T1 electric transformer. - The installation of the transformer and the 1lOkV equipments is taken place in the open-air, while the control board & adjusting plate are installed indoors. - The substationis supplied with eclectricity from the dual circuit 1lOKV branch, which is connected to the Thuan Thanh - Phu Chan - Tien Son 1lOKV grid at the positron of Post G18. The I 1OkV Branch + Construction of 11OKV dual circuit grid of 4.4km from the connecting point at Post G18 under the Thuan Thanh - Phu Chan - Tien Son grid to the destination post of tht: Phu Chan 110KV Transformer Station. 1.2.Policy Framework Tl~isRP has been prepared on the basis of OP 4.12 of the WB on involuntary resettlement applied in the Framework. The principle objective of the Framework is to ensure that all APs will be compensated for their losses at replacement costs and Consulting Center for Powers Design and Cosntruction Rural Distrivution Proiect Phu Chan llOkV substation and feeder provided with rehabilitation measures to assistant them to improve, or at least maintain their living standards and income earning capacity as same as before the project. Tile Policy Framework lays down the principles and objectives, eligibility criteria of A!%, entitlements, legal and institutional framework, modes of compensation and rehabilitation, and grievance procedures that will guide the compensation, resettlement and rehabilitation of the APs. 1.30bjectives and Principles of Resettlement Plan 7'he principles outlined in the WB' OP 4.12 have been adopted in preparing the Policy Framework. In this regard, the following principles and objectives will be applicd. Acquisition of land and other assets, and resettlement of people will be minimized as m11chas possible. a) All DPs' residing, working, doing business or cultivating land in ROWS of DILs.,surrounding areas of tower foundation, the substation areas, in the service roads unde~the project as of the date of the baseline surveys are entitled to be provided with I-ehabilitationmeasures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost do not bar the DP from entitlement to such rehabilitation measures. b) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DPst choice; (iii) replacement of . residentiallpremise land of equal size acceptable to the DPs or in cash at replacement cost according to DPst choice; and (iv) transfer and subsistence allowances. Consulting Center for Powers Design and Cosntruction 21 Rural DistrivutionProject Phu Chan llOkV substation and feeder cj Replacement residential and agricultural land will be as nearby as possible to the lmd that was lost, and acceptable to the DPs. d) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DPs prior to the expected start-up date of works in the respective Project site. e)l'lans for acquisition of land and other assets and provisions of rehabilitation measllres will be carried out in consultation with the DPs to ensure minimal distur- bance. Entitlements will be provided to DPs prior to expected start-up of works at the respective project site. f) 'The previous level of community services and resources will be maintained or improved. g) Financial and physical resources for resettlement and rehabilitation will be made ilvailable and as where and when required. h) institutional arrangements will ensure effective and timely design, planning, consullation and implementation of RP. i) Effective and timely supervision, monitoring and evaluation of the implementa- tion of RP will be carried out. j) Erltitlements will be provided to DPs prior to expected start-up of works at the pro-ject site. 'This RP preparation has been carried out by the Consultants in accordance with1 provisions of the Policy Framework with consultation and participation of DPs and local authorities. In order to ensure that the objectives of this RP are met, compensation unit prices establislled by provincial and district CRCs and approved by PPC at rates warranted compen:;ation at replacement/market costs. The PMB, CRCs, PPCs, independent external monitoring agency are responsible for checking and proposing for the adjustment of PMB (if necessary) the compensation unit prices at the time of RP implemented ensure the compensation unit prices are at the replacement values. - Consulti~~gCenter for Powers Design and Cosntruction 22 Rural Distriv~~tionProiect Phu Chan llOkV substation and feeder This RP has been agreed upon by the local relevant authorities and will be valid GO\/'s and WB's approval. Compensation, resettlement, assistance and rehabilitation activities will only after the VJB has found the RP acceptable and the EVN and the Project PPC have J proved it. The compensation, resettlement, assistance and rehabilitation activities will be completed before awarding the contracts of civil works under each sub- project. 1..QProject Impacts a) Project Affected People (DPs) Basing on the result of the census and inventory, the fbllowing indicators have been collected: Dl's ' I hc total number of l>Ps Nil a Ill's with acyuisi~ion 01' morc than I of Nil rcs ~clcntial!psoduc~ivcland a l)I's with acquisition of Icss L ~ I ~ I I 10% ol' agricull~rml 371 la11A DPs temporarily affected by their structures 276 DPs permanently affected by their structures 95 Ill's with al'f'ectedstr~rcturcs(partially or totally) Nil L)l's with ann~ralcrops/perei~i~ialtrees ai'lected (partially Nil or'to~ally) Ill's \vitl~b~rsii~essai'fecled (partially or totally) Nil Consulting Center for Powers Design and Cosntruction Rural Distrivution Project Phu Chan llOkV substation and feeder I)l1s who 11;tvcto be relocated Nil b r Project Impacts Ijcrinancnt land acqiiisition: * 'I'cn~poraryland acquisition: Om' Ijermancntly ailkcted structures: O rnL I'eniyorarily affected strcutures: 0 m' I'cl-nlanen~agricultirrtll land accliiisition: 5.7781n2 ( DPS permanently : 2.358 nl" ;industrial mnc VSII' : 3.240 rnL Ijcnnancntly alkcleci perennial trees: 'l'eniporarry agric~llturalland acquisition: ' I 'c~nporarygarden land accluisition: I.5Mitigationmeasures a) Consultation and participation No consultation plan was conducted. b) Design stage Station site selection Tne survey and design phase of the line should be calculated so as to avoid crossing the market place, densely populated areas, villages, pagodas, nature reserves, and/or close to or running in parallel with telecommunication system, fuel dump, and armory. The selection of the station site should comply with the following criteria: Close to the Additional Charge Center. S~iitablefor the input and output of the 110, 22 kV power lines. Consulting Center for Powers Design and Cosntruction 24 Rural Distriv~~tionProiect Yhu Chan llOkV substationand feeder Comply with the economic development as well the power development master plan. Accessible to transportation of heavy equipments. During the process of selecting the station site, the staff of the Power Joint Stock Company - the Power Consultation, Design and Construction Center has carefully studied every alternatives on the map and on the site in order to come up with the optinla1option. Tiansmission lines survey and design will be avoided from traversing through the area of markets, residential area, villages, churches and pagodas, nature reservation of the lines are not located near by or in parallel with the telephone system, petrol and arms stores. In order to mitigate the impacts of the lines, the routines will be selected in the ROW, along the existing lines or traversing through the agriculture land or garden land. The angles of division of the transmission lines will be applied, in some cases the direction of the angle of division up to 35-85'. In some particular cases, the angle of division can be 90'. With this solution, the transmission lines will traverse the road in some places to avoid impacts on houses and other structures. TiL selected will not surpass 1 Km in comparison with the existing highway, therefore it is necessary to limit the new road construction and promote to use the existing roads. Temporary roads will be built mainly in the area of ROW. In each project component, there should be at least 02-03 options of T/L selection and tile best option will be selected. When designing .the T/L, the Center for Power design and construction conslrltation considered carefully alternative options in the map and in the site to selec~the optimum option. Selection of the TIL Consulting Center for Powers Design and Cosntruction 25 Rural DistrivutionProiect Pl~uChan llOkV substation and feeder Tlle survey and design of the line should be calculated so as to avoid crossing the market place, densely populated areas, villages, pagodas, nature reserves, and/or close to or running in parallel with telecommunication system, fuel dump, and armory. To mitigate the impacts, the line direction is selected to just lie within ROW, along with the existing road or through agricultural or garden lands. The turning angles of the line have been taken into consideration. E.g, in some cases, the direction of t h turning angles ranges from 35 to 85 degree. In particular case, the turning angle ~ would reach 90 degree. With this solution, the lines will cross over the roads several time:; so as to avoid impacts on houses and other architectural structures. The selected line will not exceed lkm from the existing national road. Therefore, it will facilitate the use of the existing road rather than building new ones. Temporary roads will only be done mainly in the ROW area. With each project component, it is required to study 2-3 options for the line locations and the optimal one will be chosen. During the process of determining the line, the Company has carefully studied every alternatives on the map as well as on the site in order to come up with the optinla1 option Tlie installation height, the interval between the post foundation, and the area of fountlation have been precisely calculated during the design process. a) Implementation Stage Appropriate options and optimum arrangement for the project construction were reviewed to start right after the harvest and end before the next harvest comrrlence. To gain this objective, some daily work will bechaged to shorten the temperarily affected time. Tents for construction workers will be located in empty land or public land nearby the C'ommunePMB. They will not be located nearby the residential areas. -- ' ~Center for Powers Design and Cosntruction g 26 Rural Distrivution Proiect Phu Chan llOkV substation and feeder The proper worker and night shift workii~gwill considered and planned to miniinum the affected duration. Consulting Center for Powers Design and Cosntrlrction 27 Rural Distrivution Proiect Ph~iChan llOkV substation and feeder CHAPTER 2 INSTITUTIONAL AND LEGAL FRAMEWORK 2.1 Institutional Framework 2.7.7 Overall responsibility The overall responsibility for enforcement of the Policy Framework and for plamling and implementing this RP rests with PC1, PPP and the People's Committee of Bac Ninh province and their relevant Institutions (i.e. Provincial and District CRCs, provincial DOF, DOC, DOI, DNRE, etc.) PC1, PPP and Consulting Center for Power design and construction are responsible for carrying out census, socio-economic surveys and inventories and prep:lre RP and for the day-to-day implementation thereof within their respective juristiiction. The District and Commune People's Committees will participate in the RP prepiuation and implementation. ?hese administrative units will also ensure the active and effective participation of the IlPs in the RP preparation and implementation. In order to have RPs acceptable to the.1VB and to implement the RP smoothly, PC1 is responsible for (i) hiring qualified consultant to prepare RP; (ii) appointing qualified social safeguard staffs at PMB, 1'PP and CRCs at provincial levels. Financial resource for the project investment is from EVN. Detailed responsibility a) Electricity of Vietnam Electricity of Vietnam is the owner of the project and is responsible for managing and organizing or survey, investigation, design, budget arrangement, funding and supervision for RP implementation. b) Project Management Board Center for Powers Design and Cosntruction 28 - Rural Distrivution Proiect Phu Chan 1lOkV substationand feeder The PMB has the responsibility and day-to-day management oversight for RP implementing, including impacts survey, transferring the DPs' entitlements, the rest01ation implementation, addressing complaints/grievances an internal monitoring. The hey tasks are as follows: Planning overall schedules, managing and supervising the RP implementation. Responsible for information dissemination and community meetings organization, presenting the RP to relevant stakeholders, CRCs at all levels, informing the DMS and inventory and assets affected as well as the DPs' entitlements. Organizing trainingtraining for groups of survey conductors to carry out the detailed DMS, statistics and guiding the RP implementation for provincial People's Committee and other relevant stakeholders. Developing reports of RP implementation and site clearance to submit to WB and EVN. c) Provincial People's Committee Bac Ninh provincial People's Committee is supposed to adopt the RP approved by the Prime Minister as a condition of the project. Bac Ninh PPC is also the highest managing unit who is responsible for RP approved for the project components and decision of resettlement, including compensation, allowances ' for DPs' life restoration measures. Defining the roles of relevant stakeholders in-charge of RP implementation. Approving the unit price for compensation, allowances, resettlement land and establishing appraising and compensation councils at provincial and district levels. Redressing with complaints/grievances. d) Relatedprovincial Departments Consulting Center for Powers Design and Cosntruction Rural DistrivutionProject Phu Chan llOkV substation and feeder The provincial DOF is responsible for studying and issuing the unit price for com~~ensationand submitting to PPC for approval. Right form the initial stage of RP implementation, the DOF will closely coordinate with DOC, DNRE, DARD, District People's Committees and external independent monitoring agency in order to evaluate the unit price applied in the RP and submit to the PPC for approval. This ensui,es the unit price for compensation has the alternative value at the time of compensation payment. e) Provincial Compensation and Resettlement Committee. The Provincial CRC is responsible for RP implementation approved. The CRC is headed by the Vice Chairman of the Provincial People's Committee. The responisibilities of the CRC are as follows: Assisting the PMB, ad district CRC to prepare the detailed plan of compensation and resettlement. Assessing the overall impacts and supervising detailed implementation plan as well as approving the detailed plan submitted by the district CRC. Redressing with complaints/grievances if the district CRC can not deal with them.. The Provinciallcity CRC consists of the following bodies: Department of Finance and Pricing Department of Construction Department of Natural Resources and Environment Chairmen of People's Committees of related districts. Provinciallcity PMB fj District People's Committee -- Consulting Center for Powers Design and Cosntruction 30 Rurai DistrivutionProiect Phu Chan llOkV substation and feeder 'The District People's Committees are responsible for guiding the compensation and esettlement activities in their district area: i Directing the relevant stakeholders to carry out survey on impacts of project; public consultation, information dissemination on the resettlement policy and RP implementation. Establishing the District CRCs. Responsible for settling complaints at District level. g) District Compensation and Resettlement Committee The District CRCs are responsible for RP implementation in their district area. They are in charge of recruitment of qualified staff to collect baseline information and tlevelop the inventory. They are responsible for: Establishing teams of survey conductors to develop DMS on affected house and assets, finalize DMS and Entitlement forms for watch DP. Checking the unit price for compensation as applied in the RP and suggesting the unit price accordingly the market price1 replacement costs (if required). In coordination with the PMB, organizing meetings with DPs, communes, disseminate the Resettlement Information booklet (RIB), DMS and entitlement forms to DPs. Basing on the policy and RP approval process, developing the detailed implementation plan (quarterly, semi-annual, and annual) and coordinating with PMB to compensate DPs timely. Dealing with complaints and grievances of DPs, coping with difficulties during the implementation process and suggesting solutions for the provincial CRC. Liistrict CRC headed by the Chairman of District People's Committee consists of reprc:sentatives from: Consulting Center for Powers Design and Cosntruction 31 Rural Distrivution Proiect Phu Chan 1lOkV substation and feeder Department of Finance and Pricing Department of Industry 0 Department of housing and cadastral Affected communes DPs hl Commune People's Commitees People's Committees of communes will be responsible for : Participating in -thecensus and inventory surveys In co-ordination with District CRC for public meetings, information disse- mination, compensation~allowancepayment to DPs. Transferring all feedbacks of DPs to the district CRC and dealing with complaints at commune level. Suggesting solutions for emerging issues. Providing assistance for the local people to surpass difficulties in the stage of construction, to rebuild their houses and to arrange land for relocation in case they DPs require. i) Project affected persons (DPs) DPs are ready with their necessary RP related papers, i.e. LURC, ownership of other assets. DPs are responsible for careful checking on their affected assets and their entitlements as stipulated in the entitlement framework. As soon as they receive the compensation, the DPs have to clear land timely. Consulting Center for Powers Design and Cosntruction 32 -Rural Distrivution Project Phu Chan 1lOkV substation and feeder Fiqure 2.2 RP Implementation Organizational Chart - EVIV 4 * 2 PPCs PC 1 District Provincia t PMB * Commun 4 * District $ External DPs indepen- I dent 1 2.2Legal Framework WB Policy on Involuntary Resettlement (OP 4.12), WB Policy on Indigenous Peoples (OP 4.10) and GOV Laws on Compensation and Resettlement and Policies for EM are applied. 2.2.7 Vietnamese Laws ((lompensation and Resettlement) The key national laws, decrees, circulars governing land acquisition, com1)ensationand resettlement consists of the followings : - Constitution of the Socialist Republic of Vietnam (1992) confirms the right of citipns to own a house and to protect the ownership of the house. - The Civil Law (October 28, 1995). - GOV Decree 181/2004/ND-CP dt. October 29th 2004 on guidelines for ' application of Land Law amended in 2003. ConsultingCenter for Powers Design and Cosntruction 33 Rural Distrivution Proiect Phu Chan llOkV substationand feeder - GOV Decree 19712004lND-CP dt. December 3rd 2004 on compensation, allo\.rances and resettlement when the Government acquired land. - Circular 11612004lTT-BTC dt. December 7th 2004 issued by the Ministry of Finalice on compensation, allowances and resettlement when the Government acquired land. - GOV Decree 188/2004/ND-CP dt. November 16th 2004 on methods of land price determination and land price frame classification. - Circular 14412004lTT-BTC dt. November 26th 2004 issued guidelines on implementation of GOV Decree 188/2004/N§-CP. - GOV Decree 17/2006/ND-CP dt. January 27 2006 on amendment and supplement of some regulations in Decrees guiding land law implementation. - GOV Decree 84/2007/ND-CP dt. May 25 2007 on amendment of issuing the LURC, land acquisition, Right of land use implementation, compensation and resettlement procedures when the Government acquired land and grievances. Tlle 2003 Land Law (passed by the National Assembly on November 26, 2003) regulates the land management and land uses, with effective date of July 01, 2004, provides that "the persons with land to be recovered shall be compensated with the assigiiment of new land of the same use purposes, if having no land for compensation, shall be compensated with the land use right value at the time of issuai~ceof the recovery decisions The People's Committees of the provinces and cities directly under the central government shall elaborate and execute resettlement projects before the land recovery for compensations with dwelling houses, residential land lor persons having residential land recovered and having to move their places of residence. The resettlement sites must have development conditions being equal to or better than the conditions in the former places of residence. In cases of having no resettlement land, the persons having land recovered shall be compensated with money and given priority to purchase or lease dwelling houses under the State's ownership, for urban areas; be compensated with residential land, for rural areas. In case of recovering land of lines, with the arrangement of new jobs." Consulting Center for Powers Design and Cosntruction 34 Rural Distrivution Project Phu Chan llOkV substation and feeder Itc?m4 - Land Acquisition A;t. 39 regulates the land acquisition for the purposes of national de-fence, security, national interests and public interests Clause 2 of this Article clearly defined the p~iblicinfo (at least 3 months prior to agricultural land acquisition and 6 months prior to non-agricultural land acquisition) on the reasons of land acquisition, time schec~ule,resettlement plan, compensation/ ground clearance master plan for land acquisition. Art. 42 regulates the compensation and resettlement of the people who have land being acquired : Clause 1 ... people, who have LURC or having sufficient conditions to have LURC shall be compensated for their acquired land... Clause 2 ... the acquired land shall be compensated with new land of similar using purpose, in case of lack of resettlement land, the compensation shall be equal to the value of land use right at the time of land acquisition... Clause 3 ... provincial People's Committees and Cities directly under the central government prepare and implement the resettlement plans prior to the land acquisition... The resettlement sites planed for various projects in the same area and should have similar to or better development conditions than the old dwelling sites. In case of lack of resettlement sites : (i) in urban areas 'DPs shall be compensated in cash and have the priority to buy or rent the state-owned houses', and (ii) in rural areas 'DPs shall be compensated with residential land' and 'in case the value of the acquired residential land is higher than that of the compensated land plot, DPs shall be coinpensated in cash for the differences'. Cliiu~e4 ... in case DPs whose productive land being acquired and there is no produ:=.tiveland for 'land for land' compensation, apart from the cash compensation, DPs shall receive assistances for resettlement, training for new trades, employing in new trades Arr:. 49, 50 define the conditions for issuance of LURC to Consulting Center for Powers Design and Cosntruction 35 Rural Distrivation Project Phu Chan llOkV substation and feeder tlie extend that (i) 'HH or individual who directly using the land for agricultural, fore: try, aqua-culture and salt production in the areas of socioeconomic difficulties in the lnountainous areas or islands and who have their residential registration and certi~icationfrom their commune People's Committee that they had been using the land stably and without disputes are being issued with LURC and do not have to pay for tl~eland use', (ii) 'HH or individual who had been stably using the land before Oct. 15, 1993 but without any legal papers and their commune People's Committee certilies that their land is without disputes and apt to the approved local land use plan are being issued with LURC and do not have to pay to the land use', (iii) 'HH or indi- vidual who had been stably using the land from Oct. 15, 1993 till the effective of this Law, but without any legal papers and their commune People's Committee certifies that lheir land is without disputes and apt to the approved local land use plan are being,issued with LURC and do have to pay for the land use' A1.t.56 defines the State controlled Land Price : (i) the lajld price verification by the State should ensure the principles i.e. 'close to the actual value of the transfer of land use rights on the market and when there is large diffe~encebetween -thedefined land price and the actual value of the transfer of land use rights on the market, adjustment should be carried out', (ii) 'Government regulates the-methodof land price verification for each region at each period and land price ad- justment and dealing with differences of land prices at the borders of the provinces and cities directly under the central government', and (iii) 'Land price defined by the People's Committees of the provinces and cities directly under the central government is publicly announce on January 1" every year ...I GOV Decree No. 197120041~~-CPdt. December 3rd 2004 on the compensation, assistance and resettlement in case of land acquisition by the State. Art. 6 '...People who have land being acquired shall be compensated with land of sin~ilarland use purpose. If there is no land use rights value at the time of land . Consulting Center for Powers Design and Cosntruction 36 Rur;~lDistrivution Proiect Phu Chan llOkV substationand feeder acquisition shall be applied. If there is any differences in value,, in case of compensation by new land or house, such differences shall be settled in cash'. Art. 19 '...houses and structures of domestic use of the household or individual shall be compensated with the value of construction of new house, structures of similar technical standards....' Decisions of Bac Ninh Provincial People's Committee on applicable unit prices for compensation give priorities to ethnic minorities. 'I he rights of equality for the ethnic minorities are stated in Vietnam Laws. Article 5 of Vietnam Legislation (1992) clarifies: - Socialist Republic of Vietnam is a united nation which includes many peoples. The Government has a equal policy for all peoples and forbids any dissidence and racial discrimination. Each people has the rights to use their own language and keep their life style as a way to preserve their good characters, culture and customs. The Government promotes a comprehensive development policy and steadily improves the peoples' material and spiritual life for ethnic minorities in Vietnam. 2.2.2 WorldBank policies The legal framework guiding for implementation of the Policy Framework, statistics and RP is based on the OP 4.12 on involuntary resettlement of the World Bank. &Jvolzintarv Resettlement - OP 4.12 The primary objective of the World Bank policy is to explore all alternatives to , avoid or at least minimize involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that prevailed prior to the Project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, or access to them, and the loss of income sources or other means of livelihood. Consulting Center for Powers Design and Cosntruction 37 Rural Distrivution Project Phu Chan llOkV substation and feeder At:cording to the OP 4.12 on involuntary resettlement, DPs shall be compensated and assisted in such a way as to warrant the improvement or at least the maintenance . of prt:-project living standard condition. Miasures required to ensure that resettlement has apositive outcome include: a) consulting with potential project-affected people on feasible measures for re- settlelnent and rehabilitation; b) providing DPs with options for resettlement and rehabilitation; c) enabling their participation in planning and selecting these options; d) providing compensation at f~illreplacement cost for losses; e) choosing relocation sites that at least guarantee the same benefits and services as the sites they replace; f) providing allowances, training and income support to assist in making a smooth transition; g) identifying vulnerable groups and providing special assistance to these groups, and (h) establishing an institutional and organizational structure that supports this process to a successfbl end. Tt2.? Eligibility Criteria and Compensation defines that the DPs eligible for cornpt:nsation include : a) those who have formal legal rights to land or other assets; b) those who initially do not have formal legal rights to land or other assets but have i tclaim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certificates; or upon the permi:;sion of local authorities to occupy or use the project affected plots; and c) those who have no recognizable legal right or claim to the land they are occu- pying - if they occupy the project area prior to .thecut-ofldate defined in the RP. Consulting Center for Powers Design and Cosntruction 38 Ruriil Distrivution Project Ph11Chan llOkV substation and feeder T)lls whose houses are in part or in total affected (temporarily or permanently) by the l~rojectand whose residential and premise and/or agricultural land is in part or in total affected (permanently or temporarily) by the project are provided compensation for the land they lose, and other assistance as necessary to achieve the objectives set out in this policy, if they occupy the project area prior to the cut-offdate defined in this iw. DPs whose business are affected in part or in total (temporarily or permanently) by the project are provided resettlement assistance and other supports as necessary to achit:ve the objectives set out in this policy, if they occupy the project area prior to the cut-offdate defined in this RP. Persons who encroach on the areas after the cut-offdate defined in this RP are not entitled to compensation or any other form of resettlement assistance. Tile methodology to be used in the valuation of losses for this project is based on their replacement cost. With regard to land and structures, "ReplacementCost" is defined as follows : a) For agricultural land : it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicin~tyof the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. b) For land in urban areas : it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and sehices and located in the vicinity of the affected land, plus the cost of any regisiration and transfer taxes. c) For houses and other structures : it is provided by the Provincial People's Committee based on the market cost (at the time of compensation) of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and Consulting Center for Powers Design and Cosntruction 39 Rural Distrivution Project Ph~iChan llOkV substation and feeder contr;lctorsl fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not'taken into account, nor is the value of benefits to be derived from the project - deducted from the valuation of an affected asset. d) Crops, trees and other perennials based on current market value i. Compensation for annual crops is equivalent to the average production over the last three years multiplied by the market price for agricultural products at the time of the calculation of the compensation. .. 1 Compensation for trees includes total investment cost plus production cost lroin the time of its planting to the expropriation. In case this cost cannot be determined, the compensation will be calculated on the basis of the type, age a~idproductive value. e) Other assets (i.e., income, cultural, aesthetic) based on eplacement cost or cost of mitigating measures. For example, compensation for the removal of graves inclucies all expenditures for exhumation, movement and reconstruction to its original state. In this subproject, losses comprise land and trees and crops only. Replacement cost for land includes the value of land at market price plus the cost of taxes and fees to get LURC. It is noted that there are no houses or other structures permanently or temporarily affected in this project. 2.2.3 Compatibilities of GOV and WE Approaches With the promulgation of - The new 2003 Land Law, GOV Decree No. 188/2004/ND-CP dt. November 16, 2004 on methodology for price verification and price framework of various types and categories of land, Consulting Center for Powers Design and Cosntruction 40 Rural Distrivution Proiect Phu Chan llOkV substation and feeder MOF Circular No. 114/2004/TT-BTC dt. November 26, 2004 guiding the implementation of Decree No. 188/2004/ND-CP, - GOV Decree No. 19712004ND-CP dt. December 03, 2004 on the compensation, assistance and resettlement in case of land acquisition by the State, MOF Circular No. 11612004lTT-BTC dl. December 07, 2004 guiding the implementation of Decree No. 19712004ND-CP, GOV Decree No. 1712006ND-CP dt. January 27, 2006 on amendment of certain provisions of certain decrees guiding implementation of the Land Law and GOV Decree No.8412007iND-CP dt. May 25, 2007 on provision of issuing ' LLTRC, land acquisition, implementation of land use right, procedure for compensation, resettlement and grievance redress when land acquired by the State. Tllere are many ways in which the approaches of .the GOV - either in policy or practice - are compatible with WB guidelines. The most important compatibilities are Vietnam has a process whereby most people without legal land rights may meet conditions of legalization and receive compensation for losses. Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two. Resettlement sites offer not only better improved infrastructure and services but represent a higher standard of living. Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal. On the issue of land tenure and the legal right to compensation, the Govern- ment and World Bank approaches are compatible. The government has its own process in place whereby land occupied without legal documentation can be legalized; this land, however, is compensated for at a rate equal to Const~ltingCenter for Powers Design and Cosntruction 41 Rur;tI DistrivutionProiect Phu Chan llOkV substationand feeder 100% of land price minus the taxes and fee for land use right registration from October 15, 1993. (Clause 49, 50 of Art.42 of the 2003 Land Law). (ompensation at replacement cost is ensured in Art. 6 of Decree 197/2004/ND- CP dt. Dec. 03, 2004 t h a t p e o p l e who have land being acquired shall be compensated with land of similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisition shall be applied. If there is any differences in value, in case of compensation by new land or house, such differences shall be settled in cash' and, Art: 19 of the same Decree that houses and structures of domestic use of the household or individual shall be compensated with the value of construction of new house, structures of similar technical standard...'. ?'he compensation at replacement cost is also again ensured in Item 2 of Article 4 of Decree No.l7/2006/ND-CP dt. Jan. 27, 2006 states t h a t i n case at the time issuance of decision for land acquisition and the land prices* are not reflecting the actud market value (in normal condition) of land use transfer, the provincial People's Committee or City directly under the Central Government will decide the appropriate land prices'. 2.2.4 Required Waivers ~ O Decree 131/2006/ND-CP dated Nov. 09, 2006 (Item 2.5of Art. 2) stipulates V that "in case of international agreements on ODA signed between GOV and sponsor country stipulate other contents, such international agreements should be stipulated". Differences between the approaches and measures that need to be addressed withln the program also exist. However, in this context, procedures exist within national and provincial governments that allow the granting of waivers of domestic law on specific projects that may be in conflict with that of the funding agency. In order to carry out the RP in accordance to World Bank OP 4.12 on Involuntary Resettlement, a number of articles in various Vietnamese laws and regulations which do not ensure compensation at replacement cost or set eligibility provisions which do Consulting Center for Powers Design and Cosntruction 42 Rural Distrivution Project Pl~uChan llOkV substationand feeder not extend the right to compensation and rehabilitation to households without proper land Ijapers, will be waived i.e. : El~gibilitvto Compensation andor Assistance Docree 197/2004/ND-CP dt. Dec. 03, 2004 Article 7 This article (cases where land is recovered without compensation) stipulates that any person whose land is recovered and who has not met one of the conditions of Article 8 of this Decree, or who has violated the plan, or who violates the protecting corridor work, or who illegally occupies land shall not receive compensation when the stirte recovers the land. In case of necessity, the Provincial People's Committee shail c:onsider and decide on a case-by-case basis. Arlicle 18, 19 and 20 : Houses and structures on non-eligible-for-compensation land, which have not violated announced land use plans or the right of way will be assisted at 80% of replacement cost. Houses and structures on non-eligible-for-compensation land, which have violated announced land use plans or the right of way will not be assisted. If necessary, the PPC vrill consider on the case by case basis. Ariicle 28 and 29 : DPs losing more than 30% of productive land will be entitled to living stabili- zation and trainingljob creation assistance. To ensure that the objectives of this resettlement policy are met, a special decision of the Government waiving Article 7, 9, 18, 19,20,28, 29 of Decree 197 is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in the policy. Land price for Compensation Calculation According to the Vietnamese regulation, calculation the unit price for land compt:nsation will be based on GOV Decrees 19712004lND-CP and 18812004lND- Consulting Center for Powers Design and Cosntruction 43 Rural Distrivution Proiect Phu Chan llOkV substation and feeder CP' itlong with their Guidance (Circular No. 11412004ATT-BTC and No. 11612004lTT-BTCrespectively). Decree 197/2004/ND-CPdt. Dec. 03, 2004 Article 7 This article states that the Ministry of Finance is responsible for the establishment of a riumber or overall new land price framework to submit to the Government for adjuslment when prevailing price of transfer of land use rights in the market in respec:t of a number or all typeslcategories of land listed in the land price framework contir~uouslyfluctuated (more than 60 days in many provinces, cities) that causes large differences in land prices (increasing from > 30% compare to the max. price and decreasing from > 30% compare to min. prices attached to this Decree). This article states that land price for the compensation calculation is the land price in resl~ectof land use purpose at the time of land acquisition, promulgated by the pro- vincia I People's Committee in line with the Government regulation (within the GOV's range of minimum and maximum prices). Decree 188/2004/ND-CPdt. Nov. 16, 2004 This Decree promulgates the methodologies to define land price and, at the same time set forth the land price framework (min. and max. unit price for various types of land) I hroughout the country. This article states that the land price shall be defined by the provincial People's Committees or cities directly under the central government. To ensure that the objectives of the project resettlement policy are met, unit price for larxd compensation established by the Project provincial People's Committee or city directly under the central government will be adjusted to meet the replacement costs. Consulting Center for Powers Design and Cosntruction 44 RuralDistrivr~tionProiect Phu Chan llOkV substationand feeder 7'he compensation unit prices established by the provincial/district CRCs, provincial DOFs, DOCS and approved by the provincial People's Committee may be udju;;tedto meet the replacement costs, by the time of compensation, to ensure the objec:tivesof the RPpolicy are met. Assistance policy for DPs who rent houses from the government Ljecree 197/2004/ND-CP dt. Dec. 03, 2004 Article 21 This article states that DPs who rent government houses and has to be relocated by self-~elocationshall be assisted in cash at a rate equal to 60% of the cost of the cur- rentlv rented house and 60% of the cost of the land value, in cases of no resettlement housr:~to be arranged for them. Asistance policy for rehabilitation becree 197/2004/ND-CP dt. Dec. 03, 2004 Article 28 Tl~isarticle states that DPs who directly do the agricultural production having agricultural land being acquired more than 30% shall received rehabilitation assistance (cash value of 30 kg of average rice in the location per head) for 3 months (if relocation is not required), 6 months (if relocation is required) and 12 months (if movi~lgto the areas of specially difficult socio-economic conditions). - GOV Commitments T(, ensure that the objectives of the policy are met, GOV in approvingladopting (prior to the project appraisal) the policies and objectives set forth in this Policy Franzework will grant the waivers to the above mentioned Articles 7, 9, 18, 19, 20, 21,'2;1 and 29 of Decrees 197/2004/ND-CP and Article 2 of Decree 188/2004/ND- CP, and any other laws or regulations which contradict this Project Resettlement The Item 2.5, Article 2 of GOV Decree 131/2006/ND-CP dt. Nov. 09, 2006 on guidir~gthe ODA management stipulates that "in the case of the international agreeinents on ODA have been signed between GOV and Sponsor stipulates other conteiits, the international agreements will prevail." Consulting Center for Powers Design and Cosntruction 45 Rural Distrivution Project Yhn Chan llOkV substationand feeder 2 . Definition of Eligibility and Limitation to Eligibility. Dl's are all individuals, firms or institution with or without land registration papers who owned, rented, or used land, properties and business, which are affected by the projel:t. All DPs will be entitled to full compensation for their respective losses as long as they are included in the RP inventory list or can prove that they owned the affected iteins before the cut-offdate. The same applies to DPs whose incomes are affected by the project. The cut-off date has beenfixed during the socio-economic surveys and inventory, the /I)'~of October of 2007. The cut-off date has been declared oficially by the compotent local authorities in the very first community meetings in each project related commune. Encroachers who settled into the proposed affected area after the cut-offdate will have ao 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. In case necessary, they will be forced to be removed out the proposed project area. Nevertheless, they do not have to pay any fine or sanction. The art-off date and the provision of no compensation for encroachers' have been clearly declared in the community meetings and printed in the pamphlets. 2.4 Resettlement and CompensationPrinciples Tht: principles outlined in the World Bank's Operational Policies 4.12 have been adopted in the Policy Frame~vorkfor this RP. In this regard -thefollowing principles and objectives would be applied: a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. b) ,411DP's residing, working, doing business or cultivating land in right of way (ROW) of distribution line (DIL), surrounding areas of tower foundation, the substation areas, in the service roads under the project as of the date of the baseline Consulting Center for Powers Design and Cosntruction 46 Rural Distrivution Proiect Phu Chan llOkV s~rbstationand feeder surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost should not bar the DP from entitlement to such rehabilitation measures. c) The rehabilitation measures to be provided are : (h) Compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures; i. Agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DP's choice; ii. Replacement of residentiallpremise land of equal size acceptable to the DP or in cash at replacement cost according to DP's choice; and iii. Transfer and subsistence allowances. d) Replacement residential and agricultural land will be as nearby as possible to the.liind that was lost, and acceptable to the DPs. e) The resettlement transition period will be minimized and the rehabilitation means will be provided to -theDP's prior to the expected start-up date of works in the ' respectiveProjectsite. f) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the DP's, to ensure minimal distur- bance. Entitlements will be provided by DP's prior to expected start-up of works at the respective project site. g I The previous level of community services and resources will be maintained or improved. (11) Financial and physical resources for resettlement and rehabilitation will be mad(: available and as where and when required. (i) Institutional arrangements will ensure effective and timely design, planning, con-:;ultation and implementation of RPs. Consulting Center for Powers Design and Cosntruction 47 Rural DistrivutionProiect P~III Chan llOkV substation and feeder ('j)Effective and timely supervision, monitoring and evaluation of the implementation of RPs will be carried out. 2.5 Eligibility to CompensationEntitlenient The DPs' (or project-affected people) eligible for compensation will include : a 1 Those who have formal legal rights to land or other assets; b )Those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws, upon the possession of docu- ments such as land tax receipts and residence certificates, or upon the permis- sion of local authorities to occupy or use the project affected plots; and c, Those who have no recognizable legal right or claim to the land they are occu- pying - if they occupy the project area prior to the cut-off date defined in the RP. The DPs are identified by the baseline information collected for RP : a ) persons whose houses are in part or in total affected (temporarily or permanently) by the project; b J persons whose residential and premise and/or agricultural land is in part or in total affected (permanently or temporarily) by the project; c persons whose crops (annual) and trees (perennial) are affected in part or in total by the project; dj persons whose businesses are affected in part or in total (temporarily or perma- nently) by the project; and 2.5 CompensationPolicy Compensation for crops will be provided at market price. Compensation for land, houses, buildings, trees and other assets will be provided at the replacement cost. Compensation for land losses: Consulting Center for Powers Design and Cosntr~~ction Rural Distrivution Project Phu Chan llOkV substation and feeder Compensation for productive land losses (less than 10% of total land DPs' holdings) will be provided at the replacement cost for the equivalent area and all other losses will be provided in cash. Compensation for productive land losses >lo% of total DPs' land holdings will be provided in terms of land for land at the equivalent area and quality of land acquired by the project or in cash at replacement cost according to DPs' op- tions. Ci~mpensationfor land, houses, buildings and trees will be provided in cash at the replacement costs. Cdmpensation for crops will be given in cash at the current market rates calculated on the productive average of the last .threeyears (Circular 116of MOF). Compensation prices defined in this RP are tariffs established by .the Bac Ninh DOF based on the Decrees 18812004lND-CP and 11412004lND-CP issued by the MOEi and approved by the Bac Ninh provincial People's Committee. Since the time from RP preparation to the time of RP implementation may be long, at the implementation time, such prices may not correspond to market or replacement rates. Therefore, all applied prices will be checked again at the beginning of R1' implementation and adjusted if necessary. The Detailed Measurement Survey (DMS) and inventory will also be carried out by the district RC at the very beginning of project implementation. The evaluation of unit prices at the implementation time will ue done by independent monitoring agency and provincial DOF. This activity will later be required in TOR for Independent Monitoring. Consulting Center for Powers Design and Cosntruction 49 Rural Distriv~~tionProiect Phr~Chan llOkV substation and feeder CHAPTER 3 ENTITLEMENT POLICY 3.1 lmpact Categories BYthe nature of the project impacts as described above and based on the survey of the DPs, the impacted categories could be classified as below : 3.1.1 remporary lmpact All DPs who have productive land, crops, trees or structures in ROW of DIL, sur- rounding areas of tower foundations, in the temporary service roads, which are tem- porarily affected only during the construction period. -Cutegorv 1 DP who has trees, crops, which are damaged by the project during the construction period due to construction of temporary access roads or conductor stringing. - Cutegorv 2 DP who has residential, garden, productive lands which are ternpc~rarilyacquired during the project construction period. 3.1.2 Permanent lmpact All DPs who owned lands and properties on it, which will be permanently acquired for the tower foundations, the substation areas, the permanent access roads for construction and maintenance of the project. All DPs who have houses, other structures, or high trees in ROW, which need to be removed, demolished or cut. Cnteaorv 3 DP who has houseslstructures, which are partially damaged or cut, and the damaged portion will not affect to the safety or using purpose of the entire house or structure (the dismantled areas are 4 0 % of total areas), and the lost house!structure portion could be rebuilt in adjacent areas already owned by the DP. Impact on cleared residential land in ROW could be temporary as it could be reused for restricted purposes. Cnleaorv 4 DP who has houseslstructures, which are partially or totally damaged, and the damaged portion will affects to the safety or using purpose of the entire house or stn~cture(the dismantled areas are more than 10% of total area or less than 10% of Consulting Center for Powers Design and Cosntruction Rural Distrivution Project Phu Chan llOkV substation and feeder total area, but the remaining area can not be used or inconvenient for using), so the house need to be totally removed and rebuilt in remaining adjacent areas already owned by the DPs. Impact on cleared residential areas will be temporary as it can be for restricted purposes. Cidtegorv 5 DPs who have houseslstructures, which are partially or totally damaged and the damaged portion will affects to the safety or using purpose of the entire house or structure, so the houselstructure need to be totally removed or rebuilt. But I)P does not have sufficient spare residential land for the reconstruction for a house of equal dimensions as the house lost. The threshold of sufficient residential land i,; at 100m2for rural areas. - C~rtegorv6 DPs who have residential land, productive land which will be acquired permanently for the project, including for permanent roads construction for maintenance of the project. a) acquired productive land areas is more than 10% pf total productive land DPs' holdings. b) acquired productive land areas is less than 10% pf total productive land DPs' holdings. . c) the remaining residential-garden land areas is less than 100m2 (in rural areas) d) the remaining residential-garden land areas is equal or more than 100m2(in rural areas) - Cntegorv 7 DP impacted permanently or temporally on business or other services. Cnlegorv 8 Tenants who have rented a house for residential purposes. 3.2 Entitlement . Consulting Center for Powers Design and Cosntruction Rural DistrivutionProiect Phu Chan 1lOkV substationand feeder 3.2.1 Eligibility and Limitation to Eligibility Dl's are all individuals, firms or institutions with or without land registration papers who owned, rented, or used land, properties and business, which are affected by t h project. ~ All DPs will be entitled to full compensation for their respective losses as long as they ;Ire included in the RP inventory list or can prove that they owned the affected items before the cut-offdate. The same applies to DPs chose incomes are affected by the .PIoject. Alter the agreement on T/L routes (to be constructed) and T/L lines (to be rehabilitated) is obtained, the Consultant has carried out the socio-economic survey and inventory of project affected assets traversing such agreed T/L routesllines. The cut-off date has beenfixed during the socio-economic surveys and inventory, the I(I"' oC November of 2007. The cut-off date has been declared oflcially by the compc?tenr local authorities in the very first community meetings in each project related commzine. Encroachers who settled into the proposed affected area after the cut-offdate 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 p~ojectIn case necessary, .they will be forced to be removed out the proposed project area Nevertheless, they do not have to pay any fine or sanction. The cut-offdate and the provision of 'nocompensationfor encroachers' have been clearly declared in the community meetings and printed in the pamphlets. 3.2.2 Eligibility to Compensation Entitlement The DPs' (or project-affected people) eligible for compensation will include : a) those who have formal legal rights to land or other assets; Consulting Center for Powers Design and Cosntruction L Rural Distrivution Proiect Phu Cllan llOkV substation and feeder b) those who initially do not have formal legal rights to land or other assets but have :3 claim to legal rights based upon the laws, upon the possession of documents such ,is land tax receipts and residence certificates, or upon the permission of local authorities to occupy or use the project affected plots, and c) those who have no recognizable legal right or claim to the land they are occu- pying - if they occupy the project area prior to the cut-offdate defined in the RP. The DPs are identified by the baseline information collected for RP : a) persons whose houses are in part or in total affected (temporarily or perma- nently) by the project, b) persons whose residential and premise and/or agricultural land is in part or in total affected (permanently or temporarily) by the project; c) persons whose crops (annual and perennial) and trees are affected in part or in total ljy the Project; d) persons whose businesses are affected in part or in total (temporarily or per- manently) by the project. 3.2.3 Resettlement and Compensation Principles The principles outlined in the World Bank's Operational Policies 4.12 have been ad0pti:d in the Policy Framework for this RP. In this regard the following principles and ol~jectiveswould be applied : a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (T/L) or distribution line (D/L), surrounding areas of tower foundation, the substation areas, in the service roads under the project as of the date of the baseline surveys are entitled to be provided with rehabili- tation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Consulting Center for Powers Design and Cosntruction 53 Rural Distrivution Project Phu Chan llOkV substation and feeder Lack o f legal rights to the assets lost shozrld not bar the DP from entitlement to such rehabilitation measures. c) The rehabilitation measures to be provided are : Compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures; i. agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DP's choice, ii. replacement of residentiallpremise land of equal size acceptable to the DPs cjr in cash at replacement cost according to DP's choice; and . iii. transfer and subsistence allowances d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DPs. e) The resettlement transition period will be minimized and the rehabilitation mean:; will be provided to the DPs prior to the expected start-up date of works in the respective Project site. f) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the DPs to ensure minimal distur- bance. Entitlements will be provided to DPs prior to expected start-up of works at the respective project site. g) The previous level of community services and resources will be maintained or improved h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required. i) Institutional arrangements will ensure effective and timely design, planning, consultation and implementation of RPs. 3.2.4 Compensation Policy CorlsultingCenter for Powers Design and Cosntruction 54 Roral Distrivution Proiect Phu Chan llOkV substation and feeder Compensation for crops will be provided at the market price. Compensation for houst:, buildings, perennial trees and other assets will be provided at the replacement cost. Cc)mpensationfor land losses: Compensation for the productive land losses (less than 10% of total land DPs' holdings) will be provided at replacement cost for the equivalent area and all other losses will be provided in cash. Compensation for the productive land losses > 10% of total land DPs' holdiilgs will be provided in term of land for land equivalent area ad quality of land acquired by the project or in cash at replacement cost according to DPs' options. Compensation for house, buildings, perennial trees will be provided in cash at the replacement cost. Ccjmpensation for crops will be given at the current market rates calculated on their productive average of the last three years (according to the Circular 116/2004/TT-BTC of MOF). Cc,mpensation prices defined in this RP are tariffs established by the Bac Ninh Province CRC and DOF and approved by provincial People's Committee based on Decree 188/2004/ND-CP and the MOF Curricular 114/2004/TT-BTC. Si~icethe time from RP preparation to time of the project implementation may be long. at the time of implementation, such prices can not correspond to market or replacement rates. Therefore, all applied prices will be checked again at the beginning of the RP implementation and adjusted if necessary. The Details of Measl~rementSurvey (DMS) an inventory will also be carried out by CRCs at the beginning of project implementation. The evaluation of the unit prices at the implernentation time will be done by Independent monitoring agency, provincial DOF. This activity will be later be required in TOR for Independent Monitoring. 3.2.5 Compensation Entitlement by Categories Consulting Center for Powers Design and Cosntruction 55 I - - - Rural Distrivution Proiect PIIIIChan llOkV substation and feeder Categories Entitlement -- Cash compensation for affected perennial trees at eplacement cost plus cost for cutting trees, crops at market )rice. No compensation for land Reinstate land after the project construction Cash compensation for affected trees at replacement :ost plus cost for cutting trees, crops at market price. No compensation for land Reinstate land after the project construction The damaged house/structure will be compensated in :ash at full replacement cost No compensation for land No deduction for depreciation and salvage materials. -- a Cash compensation reflecting full replacement cost of he house/structures. Cash compensation reflecting full replacement cost of ost land area. No deduction for depreciation and salvage materials. DP can opt for: (i) 'land for land': the provision of replacement residential land (house site and garden) of equivalent size, satisfactory to the DP or cash compensation reflecting full replacement cost according to DP's choice Consulting Center for Powers Design and Cosntrt~ction 56 Rural Distrivution Proiect Phu Chan llOkV substation and feeder or (ii) cash compensation reflecting full replacement cost of the houselstructures No deduction for depreciation and salvage materials. DP losing productive land Land loss < 10% of their total land holdings Cash compensation for the lost area if the remaining plot is still economically viable. Cash compensation for the whole impacted plot if the remaining plot is not economically viable. Cash compensation for properties associated with land Land lost 2 10% of their total land holdings DP can opt for the followings: (i) 'Land for land' with the same area and productive of impacted area if the remaining plots are still economic- viable and for the whole impacted plots if the remaining plots are not economic-viable. (ii) Cash for land at the replacement cost. Compensation for affected perennial trees at the replacement cost. Rehabilitation assistance DP losing Residential and garden land If the remaining land is sufficient for reorganizing (more - Consulting Center for Powers Design and Cosntruction 57 Rural DistrivutionProiect Pl~uChan llOkV substation and feeder than 60 m2 in urban area and 100m2 in rural area): cash compensation or lost area and assets associated with land. I If remaining land is not sufficient for reorganizing: 0 ) cash compensation at replacement cost for land and assets on land, or (ii) 'Land for land' compensation for the whole residential area which DP occupied(not only for the impacted areas) and properties associated with occupied land. For affected house and building, the same entitlement to DP of categories 3 or 4 or 5. Temporary impacts Compensation for income lost during affected period Permanent impact Provision of altemative business site of equal size and accessibility to customers and satisfactory to DP. Cash compensation for lost business structure reflecting full replacement cost of structures without depreciation. Cash compensation for the lost of income during the transition period. Cash grant of six months rental fee at the prevailing market rate in the area. 1 Assisting in identifying altemative accommodation. 3.2.6 Allowances and Assistances Consulting Center for Powers Design and Cosntruction Rural DistrivutionProject Phu Chan llOkV substation and feeder >ansport allowance Ai t. 27 @-Decree197/2004/ND-CP :all relocating DPs are entitled in one time: DPs relocating within the max. 3,000,000 VND provincelcity (per household) DPs relocating out the province max. 5,000,000 VND (per household) Relocated DPs (while waiting for to be provided with temporary the establishment of new residence or resettlement residences at to be provided with temporary resettlement sites) rent cost Relocation subsidy Art 28 $Decree 197/2004/ND-CP : all relocating DPS' are entitled in one time : DPs relocating within the province Cash (equivalent to 30kg of rice per month x 3 months) per family member DPs relocating out of the province Cash (equivalent to 30kg of rice per month x 6 months) per family member DPs relocating with cash Cash (equivalent to 30kg of assistance rice per month x12 months) per family member ' .41t 28 of'Decree 197/2004/ND-CP defines that this subsidy is applicable to DPs who lost more than 30% of their agricultural land only. However, in line with this RP Policy Framework, this kind of subsidy is applicable to all DPs wlro required to be relocated. Consi~ltingCenter for Powers Design and Cosntruction 59 Rural Distrivution Proiect Phu Chan llOkV substationand feeder DPs who are in severe socio- Cash (equivalent to 30 kg of economic difficulties or who rice per month x 12 months) relocating to areas of socio-economic per family member difficulties TIaining and job creation allowance Dl's who are permanently affected more than 10% of 3,000,000 VNDIHH~ Agricultural land or income are entitled to be provided with training and other assistance to be decided by the provincial People's Committee with financial resource from the person who is going to use the acquired land. Pl:;. see the annex 3 - Entitlement matrix and annex 10 - DPs' Details of Entitlements. 3.:!.7 Voluntary support The results of the socio-economic survey and community meetings show that the project of power net improvement RD is welcomed by the community. Many DPs who Iiave productive landlresidential land and other assets affected marginally would like to contribute trees, crops, fences and other assets to the project construction instead of cash contribution. Dcfining and setting up procedures are as follows: Ai*t29 of Decree 197/2004/ND-CP defines that DPs who lost more than 30% of their agriculturnl land will be ~~ssisteufor changes of occzpations (level of assistance will be decided by the provincial People's Committee). However, in line w i t h the RP Policy Framework for RD subprojects, the restoration nllowance remains in cotfortt~alionwilh Ihe on-going rural energy szrbprojects throughozrt Vietnam. ' 7 ~ 2sirnl qf' 700,000 VND (VND/main labor is paid direcly to !hose who attend the training of cozrnsel~ng/orgrmiza~iori providing technical assistance and 800,000 VNDfor lrairiees as allowarice in Ihe period of trrrining ( ~ o ~isa 1,500,000 VND/trainee. For the estimated expenses, each HH is esrimaled of2 laborers. l Conslilting Center for Powers Design and Cosntruction 60 Rural Distrivution Project P ~ IChan llOkV substation and feeder I ,&&: The local authorities will inform the DPs of the project resettlement po1ic.j and the genuine compensation entitlement. Slzp 2: DPs will sign voluntarily in the design and the entitlement framework to stl-uclures affected which they contribute voluntarily to the project. Step 3: Approximately 20% of voluntary DPs will be examined by the external independent monitoring agency at the beginning of implementation time. The report by the external independent monitoring agency on this issue will be submitted to IDA. Consr~ltingCenter for Powers Design and Cosntruction 61 - Rural Distrivution Proiect Pl~uChan llOkV substation and feeder CHAPTER 4 MITIGATION MEASURES 4:s Mitigation Measures Tl~anksto mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related offices, the project impacts are almost marginal. TI lere are no DPs with their fixed assets being acquired more than 10% of their total holding, therefore, no DPs required to be relocated and the development of reset1lement site is not required. All individuals, households or institutions (DPs) who are impacted temporarily or permanently by the project are owners of land and properties, land and house renters . in ROW of D/L, in proposed areas for tower foundation and temporary service roads. 4.2 Measures to Minimize Land Acquisition and Losses 4.;!.1 Consultation and Participation During the project preparation, the Consultant has conducted detailed survey on the project impacts. The survey teams have also conducted discussions and consultations with local authorities and local people on possible impacts caused by the project, particularly the alignment of D/L routes etc. so as the selected line route and DSS locations are the least impact option. The proposed layouts of D/L routes are also displayed and discussed again in the RP community meetings. The draft layout of routes have been communicated by PC1 to the relevant bodies i.e. provincial, district and commune People's Committees, Dept. of Natural Resolrrces and Environment, provincial, district and commune cadastral services etc. for c~mmentsand public display. The valuable feedback of local authorities and DPs were ~.akeninto account for design. 4.2.2 Impact Limitation Measures in Design Stage - Route Selection Consl~ltingCenter for Powers Design and Cosntruction Itural Distrivution Proiect Phil Chan 11OkVsubstationand feeder l'he project impacts mitigation measures have been scrutinized during the design stagt:, particularly for the route selection. Appropriate route would reduce the project cost and adverse impacts on the local communities and environment. The following principles were followed: The routs selected is shortest possible with DSS locations of optimal services. Such routes are close to public roads to avoid land acquisition for access roads and minimize cost during construction, operation and maintenance. The D/L should avoid traversing or running close to the important projects (i.e. gasoline, explosive storages, radio stations), sensitive locations (i.e. historic and cultural assets) protected forests and areas with high trees. Slope sides and . turnings are also avoided to reduce leveling and angle towers. During the mapping of the routes, PC1 and PMU and its Consultant have thoroughly studied different alternatives on map and at sites to select the optimal ones I'o avoid impacts, certain changes in direction of the routes and the large turning anglcs of the routes are applied i.e. the turning direction angles in certain cases up to 35O-r35O, even in the case necessary, such angle may reach around 90". With this solu- tion, the routes have to pass through the road in several places to avoid impacts to the houses/structures. - 'I'echnical Solutions - 1he transformer station Ihe area in which the substationis located is inside the Vsip industrial zone in Bac Ninkr province. The flatform of the substationis 30cm higher than the industrial station. Before leveling the flatform of the transformer station, the grass and the 20cm surfiice mud of the field was cleared. To ensure the stable floor for the transformer station, it is necessary to build the surrounding wall with stone before building the foundation of the transformer station. Ihe substationis surrounded by wall of 2m high from the flatform. It has two steel gate:;, of which the main gate is for facility transportation and 4m wide and the secondary gate is for workers to go through and lm wide. The inside-transformer lane:; which are used for management and operation are concreted with the width of Consulting Center for Powers Design and Cosntruction 62 ltrrral Distrivution Proiect Phu Chan 11OkV substation and feeder 4,5na and slope of 2% toward to the surrounding wall. On the two sides of the lane, theqt:are concrete bars. '[he total area of the substationis designed ensuring the technological standards and facilities in accordance with technical process and safety. 'I he estimated permanently affected land:3,420 m2 - 11OkV feeder '1 he average distance from columns is 200 meters for the 1lOKV T/L system. The foundation must be located in the open land. 7 he foundation area will change to suit the planned use and position. The current canal and the T/L system are used for transportationlconstruction and the temporary road for constructing is not required. 4,2.3 Impact Mitigation Measures in ConstructionStage Luring the detail technical design, PC and the PMU and its Consultant would reinvestigate the routes and made certain modification, if necessary, for optimal resuIts. Suitable measures and optimum arrangements for the project construction are considered i.e. (i) PMB would arranged various bidding packages for certain project components in various localities and, (ii) construction would be carried out right after the liarvest of crops and terminated before the next sowings. To achieve such target, appropriate workforces with working shifts would be scheduled to shorten the temporarily affected period. ?he construction camps for workers in the construction period shall be located on the bare or public lands nearby the headquarters of communes. The camps shall not to be built in populated areas. ?'he applicable average tower distance is around 120m, applied for the medium pressure system. Tower sites shall be located on empty land where possible. Application of different dimensions for tower foundation to be suitable to their functions and the selected locations. Area of foundation size is 150m2 for steel towers.. Consulting Center for Powers Design and Cosntruction I the remaining residential-garden land areas is Nil Nil enough for daily life (less than 60m2 in urban areas and 100 m2 in rural areas) I I (d) the remaining residential-garden land areas is1 Nil Nil lnot enough for daily life (less than 60m2 in urban areas1 land 100 m2 in rural areas) I II I DPs impacted on business or other services. 1 I (a) temporarily impacted on business or other services. Nil Nil I (b) permanently impacted on business or other( Nil 1 Nil Consulting Center for Powers Design and Cosntruction - Rural Distrivution Project Phu Chan llOkV substation and feeder CHAPTER 8 IMPLEMENTATION ARRANGEMENTS 8.-IMeasuresfor the Project lrr~plementation Not implemented Section A -Baseline information . I. Description of the project 2. Objectives of the project 3. Implementation plan 4. Project impacts 5. APs entitlement 6. Relevant organizations and agencies 7. Information dissemination and counseling for APs 8. Grievances and appeal 9. Independent monitoring function Section B - Detailed entitlement I . Detailed impacts on each household in the project 2. Compensation unitfor types of impact 3. Compensation payment date 8:,1.2 Compensation Deadlines Compensation payment for land, houses at least five months before land clearance, compensation for trees and crops and all allowances will be paid at least 01 month before land acquisition date. For DPs who have to be relocated, local authorities and PC2 and its PMB shall make every effort to assist them in purchasing residential land and construction for the house and to be sure that no land clearance if these DPs have not completed their house building at new resettlement site. Consulting Center for Powers Design and Cosntr~lction 78 - Hural Distrivution Proiect Phu Chan I lOkV substation and feeder However, in this subproject, there is not any impact on residential land and . struclures, therefore, there is not any DP who required to be relocated. 8.d.3 Resettlement and Clearance Deadline Dl's who have impacted houses and land and have received full compensation and subsidies, are requested to move out of the affected portion of the house or to clear land ;lt least 15 days before the commencement civil work. 8.:! RP Implementation Process R1) implementation will be included in 3 actions as follows. Action I Just after the award of capital borrows convention of WB, PC1 and its PMB will select and contract a qualified agency for independent external monitoring. Note :The project related provincial and district CRCs are already exist. Action 2 D1tC carries out the DMS and inventory of the affected assets (on the basis of the surveys for this RP) and together with the independent monitoring agency and other related agencies, carry out the evaluation for the applicable unit costs in RP and propose to Bac Ninh PPC for amendment of the applicable unit prices in RP, if necessary, to ensure that DP is compensated at replacement costs at the time of RP implementation. AIticle 9 of Decree 197/2004/ND-CP states that land price for the compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in line with the Government regulation (within the GOV's range of minimum and maximum prices). Chapter 2 of Decree 18812004lBD-CPpromulgates the methodologies (i.e. 'direct colnpnrison method' and 'income method'? to define land price and, at the same time, Consulting Center for Powers Design and Cosntruction 79 A liural Distrivution Proiect PhcChan 1lOkV substation and feeder set focth the land price framework (min. and max. unit price for various types of land) throughout the country Ttre compensation at replacement cost is also again ensured in Item 2 of Article 4 of Decree No.l7/2006/ND-CP dated January 27,2006 states that:'... in case at the time issuaitce of decision for land acquisition and the land prices* are not reflecting the actual market value (in normal condition) of land use transfer, the provincial People's Committee or City directly under the Central Government will decide the appropriate land prices'. Action 3 Immediately after the completion of the DMS and inventory survey, CRC will inspect and define the official number of DPs, impacted properties and total compc:nsation amount for DPs. Action 4 CF.C will officially announce the policy, schedule of the RP to DPs at public meetings including issues related to compensation, resettlement and land clearance. Action 5 Compensation payment for houses1structures and deliver assistance to DPs affected on houses/structures, and compensation payment for DPs affected on other propelties. DPs that permanently impacted more than 10% of total productive land or incomes will be entitled to rehabilitation assistance. They will be assisted for the training or TA for agriculture/husbandry or non-land based program. Direct delivered to institutions who 700,000 VNDIperson (main deliver training or consultancy labor) Direct given to trainee as a subsidy 800,000 VNDIperson (main allowance during the training time labor) Total : 1.500.000 VND/ per trainee (main labor). Acrion 6 Consuiting Center for Powers Design and Cosntruction - Rural Distrivution Project Phu Chan llOkV substation and feeder During the project implementation, PC1 and its PMB and Independent External Moni~oringAgency will supervise/monitor all activities of RP implementation and rehabditation programs. 8 . Implementation Schedule One of the RP provisions is that RP will be carried out in accordance with the men- tioriecl process for the purpose of security for land clearance and implementation of civil work. The irnplementation schedule must ensure the synchronized linkage between RP implementation and commencement of civil work i.e. the appropriate compensation schedule and construction schedule. The compensation payment shall be completed prior to the commencement of the relevant project components. Proposed project implementation schedule: PMB and Project CRC Establishment of Proj ect CRC (already exist)* Preparation of RP I 1 Quarter 4,2007 1 keview and approvallclear of RP by Bac Ninh Quarter 2,2008 , Negotiation (GOV and WB) Quarter 2,2008 I I RP comes to effective date 1 I Quarter 3,2008 1 Cornmencement of Public information 1 I Quarter 3,2008 1 Corllmencement of Field works (DMS) Quarter 3,2008 Conimencement of payment of compensation Quarter 4,2008 DPs : Con~mencementof declaration of quantity and status of Quarter 3,2008 1 properties -- Coilimencement of receiving compensation and ground Quarter 4,2008 -- CiviIworks Consulling Center for Powers Design and Cosntruction 81 Rural Distrivution Proiect Pll~iChan 1lOkV substation and feeder -. Comnlei~cementof civil works Quarter1-3, (Tile civil works is expected to complete within 24 I--- months) ~ &Jonitoriny 1 : (Quarter 1-3, LlllRP activities must be satisfactorily completed before the WorldBank issues a no objection for award ofcontract for the sub-projects. Any changes to the RP after FVB dearance will require review b y the WB Ofjice in Hanoi before commencement ofonstruction. 8.1; Staffing for RP Implementation 8.4.1 Proposed Staffing for RP implementation Staffing for the RP implementation is proposed in the following table. No Institutions Total Number of ~ working Staff time 1 1I PC1 PMB Provincial CRC 1 1.5 d m 2 ] 3 District CRCs 1 x 2 1.5 d m 4 1 Commune People's Committees I 1 x 6 ) 1 . 5 d m I Consultant 5 1.5 d m Independent External 18 d m 02 Monitoring Agency External independent monitoring agency is expected to have a proper personnel resource to ensure timely external independent monitoring. The agency has to start their task early when the RP implementation time begins (i.e. community consultation and DMS). Their task lasts 6 months after the project completes to define .the level of satisfaction of DPs. The total working time of this agency is Consulting Center for Powers Design and Cosntruction 82 - Rural Distriv~~tionProject Phu Chan llOkV substation and feeder estimated at 9 months and the monitoring task is carried out regularly during this period of time. Reports that this agency has to submit include: Baseline report, progress report and final report. 8.4.2 Training and workshop In older to carry out RP implementation smoothly and effectively, prior to RP implementation, organizing trainings and workshops, for social safeguard staff of EVN PC1 and its Consultant and officials of local authorities are necessary. The trainings, workshops will be held by PC1 PMB with TA of the WB resettlement offi'ccrs. The objectives of trainings and workshops are to guide all relevant agencieslpeople for taskforce, requirement for carrying out DMS survey, and steps of RP inlplementation as well as monitoring and evaluation, report preparation, baseline date management. One intermediate training course and one primary training course are proposed to be organized at the initial stage of the RP implementation. One \vorkshop for all RP implementation related personnel is proposed to be held by the initial stage of actual payment of compensation. I-Iowever, the project was carried out in the location of the industrial zone, so the RP implementation was not required because no training and workshop was conducted. 1 Resettlement Numbe Contents organizations r of staff Intermediate training - DMS, entitlement determination Bac Ninh Power - Key RP policies Company - Mechanism for redressing the Provincial CRC complaintslgrievances, District CRCs - Internal and External monitoring and evaluation of RP implementation. Consulting Center on l'owers Design and Construction Primary training Consulting Center for Powers Design and Cosntruction 83 - Rural Distrivution Project YIIIICl~anllOkV substationand feeder Commune officers - DMS, inventory, survey Internal monitoring I - Key RP policies staff - Monitoring and evaluation of RP implementation. , - Community participation and consultation - Complaints and grievances - .- External independent monitoring agency is supposed to be professional agency in the field of external monitoring of RP implementation. Therefore, training for them is not requiied. 8.5 Grievance and Appeals In the RP implementation carried out by the industrial zone project management board no impact was created so there were no grievances and complaints. None of the following procedure was carried out: Stage 1 - Commune Level If ;my person is aggrieved by any aspect of the resettlement and rehabilitation pro- gram, helshe can lodge an oral or written grievance with commune authorities. In case ;in oral compliant is made, it will be written on paper by the commune and processed. Commune People's Committee will settle the issue within 15 days Stage 2 - District Level If ilny aggrieved person is not satisfied with the decision in Stage 1, helshe can bring the complaint to the attention of the district People's Committee or CRC and within 15 days from the date of the receipt of the decision in Stage 1, the district People's Committee or CRC will reach a decision on the complaint. Stage 3 - Provincial Level If any aggrieved person is not satisfied with the decision in Stage 2, helshe can bring !he complaint to the attention of the district People's Committee or CRC and Constilting Center for Powers Design and Cosntruction 84 - Rural Distrivution Proiect Phu Chan llOkV substationand feeder within 15 days from the date of the receipt of the decision in Stage 1, the Provincial Peop~e'sCommittee or CRC will reach a decision on the complaint. Stage 4 - Court Case In extreme cases, if any aggrieved person is not satisfied with the decision in Stage 3, helshe can bring the issues to Court by using the Bureau of Law Consultant, free of charge. Item 14 of Article 2 of Decree No. 17/2006/ND-CP dt. Jan. 27, 2006 stated that: 'Within 45 days counting from the day of receiving the decision of the Chairman of the PIT or City directly under the Central Gov. but the aggrieved person disagrees with :,uch decision, helshe has the right to bring the case to the People's Court'. The case shall be settled in Court without any charges or fees. The Court's decision will be a legal basis for compensation. DPs can make an appeal on any aspect of -theresettlement and rehabilitation program, including compensation rates being offered. Detailed grievance procedure is widely disseminated to all DPs during the public consolations meetings as well as through its display at CRC's offices. The iollowing chart shows the Administrative and Juridical Structures to redress DP's grievance. Consulting Center for Powers Design and Cosntruction -- - Rural Distrivution Project Phu Chan llOkV substation and feeder 4 Provincial CRC 1 District CRC ( I Commune District court - . . A C Mass media 4 DPs . ..................,,....... Lawyer r TI Grievances and Bring concerns 8.G Monitoring and Supervision The implementation of RP shall be constantly supervised and monitored by PC1 PMB and the Power net Management Board in co-ordination with the Project Management Board of the Industrial Zone. An independent consulting agency will be selected by the Power Net Management Board and the contract must be signed after the preparation of the RP. The supervision and monitoring activities form the beginning of the implementation phase 8.6.1 Internal Monitoring . The PiMB is responsible for internal monitoring of the RP implementation. The main tasks include: Monitoring the population and socio-economic surveys of DP and the invent-tory of DP assets, status, occupation and living conditions and supervising the implementation of compensation, resettlement and rehabilitation for the DP in the terms agreed by the DPs. CorisuYtingCenter for Powers Design and Cosntruction - Rural Distrivution Proiect Phu Chan llOkV substation and feeder Monitoring whether the implementation of resettlement and compensation tasks are carried out as provided in this RP. Monitoring the timely and sufficient deployment of resettlement and compensation funds for this RP. Investigate and fairly assess each case of complaint and grievance. Internal monitoring agencies will prepare a quarterly report detailing the progress of RP implementation. Such a report should be made available to appropriate GOV authorities, WB and external monitoring agency. 8.ti2 External Monitoring Apart from reviewing the quarterly internal monitoring report and conduct of activities as similar as for internal monitoring, the external monitoring agencies will be ;esponsible for: At the beginning of RP implementation, conduct a replacement cost survey of affected land and attached propertieslassets to assess level of adequacy of the compensation unit prices issued by the project related PPC, comparing with their replacement costs. In case there is any considerable gap, the independent external monitoring agency will submit their recommendations to PC1 PMB and Bac Ninh PPC so that they make necessary adjustments, ensuring the project's resettlement principles are met. Evaluation of inventory survey (DMS) and Entitlements to DPs. Evaluation of socio-economic project impact on DPs. Supervision of the implementation of RP to achieve the objectives of the RP, particularly "to improve or at least maintain the incomes and living conditions of the DP after the resettlement". Any potential problems in the restoration of living standards will be reported. Putting forward the amendments for the implementation of RP so as to achieve the objectives of this RP. Offering suggestions on how to improve RP programs. ConsultingCenter for Powers Design and Cosntruction - Rural Distrivrition Proiect Phu Chan llOkV substation and feeder Closely monitoring compensation activities and be prepared to give informed evaluation of complaint and grievances cases. Write working reports (every six months) to be submitted to PC1 PMB, WB, the appropriate GOV authorities and to the representatives of the DPs. Produce a final document to be prepared six months after the completion of the entire resettlement program. This document shall provide detailed evaluation of the RP and its implementation, such document shall be prepared by means of interviews with the DPon their opinions in all aspects after they have been resettled and compensated. Finally, on the basis of the RP implementation experience, this document shall provide suggestions both to help reinforce local RP expertise and to improve future resettlements plans. Terms of Reference (TOR) for independent monitoring will be prepared by PC2 PMB and will be sent to WB for its concurrence prior to invitation of independent monitoring. Consulting Center for Powers Design and Cosntruction Rural Distrivution Project Phu Chan IlOkV substationand feeder -. CHAPTER 9 COSTS AND BUDGET 9.1 Budgets PC1 will ask for a loan from the Electricity of Vietnam to implement this RP. 9.1 Compensation Cost Estimate Compensation cost estimate for temporarily and permanently impacted house, structures, residential land, productive land, trees and crops is based on : GOV Decree No. 197/2004/ND-CP dt. Dec. 03,2004. Decisions for unit costs for compensation of Bac Ninh Provincial People's Committee. Survey for replacement costs and market price for structures, land, trees, crops by the Consultant in the period of carrying out impact survey (July - August, Decision of Bac Ninh provincial People's Committee issuing regulations of compc:nsation for assets affected due to site clearance. ' Decis~onof Bac Ninh provincial People's Committee issuing the unit price for types of lands in Bac Ninh area. To ensure the applied compensation unit price to be replacement costs, the branches of Power Joint Stock Company - Consulting Center on Powers Design and Construction conducted unit price examination in several provinces and compared with the unit price approved by the province. The examining results show that: (i) unit p~icefor land compensation issued recently is suitable for the Article 56 of the Land Laws 2003 and Decree 19712004/N§-CP dt. December 3rd 2004 enclosed with the 'Circular No. 14512004lTT-BTC dt. 07/12/2004 and Decree 188/2004/N§-CP dt. 1611112004 enclosed with the Circular No. 114120041TT-BTC dt. 1611112004) reflecting the current market price in the project area, (ii) construction price given out by the relevant contractor for the construction comparatively closed to the applied constrt~ctionprice of the RP. Contingency is also estimated for the time of RP implementation. Consulting Center for Powers Design and Cosntruction - - Rural Distrivution Project Phu Chan llOkV substation and feeder 9.3 Compensation Unit Price D~:cisionsfor policy framework for entitlement unit costs for compensation of Bac Ninh Provincial People's Committee are applicable for these subprojects. To ensure that the applicable unit costs for compensation are at the replacement costs. during the impact survey, the Consultant had carried out the survey on unit price:. ill the project areas and compare them with the unit costs promulgated by the provi~lcialPeople's Committee. It is noted that: (i) the newly issued compensation unit prices for land (during January, 2007 in accordance to Art.56 of 2003 Land Law and Decision 197/2004/ND-CP dated Dec. 03, 2004 along with Circular 11612004ATT-BTC dated Dec. 07, 2004 and Decision 188/2004/ND-CP dt. Nov. 16, 2004 along with Circular 11412004lTT- B'T'C dt. Nov. 16, 2004) reflect .the prevailing market prices in the project areas and, (ii', the construction prices given by contractors in the project related areas for re- cently structures are similar to construction price applied in this RP. The contingency component would cover certain differences, if any, by the time of actlral RP implementation which is expected during 2009. 9.3.1 Compensation for Structures There are no houses or other structures affected in this subproject in Bac Ninh province. 9.3.2 Compensation for Land Compensation for land Lalld unit price is established separately conforming to the regulated price frame of the Decree No. 188/2004/ND-CP and Circular No. 11412004ATT-BTC. It i.; understood that such unit prices for land are used in this RP just for the sake of cosi estimate (during the time of this RP preparation) only. By the time of actual RP implementation (expected during 2009), the compensation unit prices for land to be shall prevail. Consulting Center for Powers Design and Cosntruction - Rural Distrivution Project Phr~Chan llOkV substation and feeder Tlie compensation unit costs will be reviewed by local authorities and Independent External Monitoring Agency at the initial stage of RP implementation and the amend- ment will be done by the provincial People's Committee (if required and to be used for c:~lc~ilationthe entitlements of DP) to ensure that DP will be compensated at the rep1ac:ement costs for land, house, perennial trees and market prices for crops according to this RP policy. Note: 'The newly promulgated land prices reflect the actual land value in the respect-tive localities. However, the 'Land Price Consultant' (Art.57 of the Land Law 2003) or the Independent External Monitoring Agency shall utilize the 'Direct compa- rison method' andor 'Income method' (Chapter I of Circular 114/2004/ TT-BTC dt. IVov. 26, 2004) of defining land price to adjust the land prices to meet the replacement value by the time of issuance of unit costs for this RP implementation. The contingency component would cover such differences, if any, by the time of actual RP implementation 9.3.3 Compensation for Trees and Crops Compensation for perennial trees at replacement cost and crops at market prices. According to Art.24 of GOV Decision No. 197/2004/ND-CP dated Dec. 03,2004, cornpi:nsation for (i) 'annual crops is calculated at the value of gross-output of the harvest and the gross-output value of the harvest is calculated on the basis of the highest output of the three last harvests of the main crops at the locality and the avera1;e market price at the time of land acquisition', (ii) 'perennial fruit trees is calculated at the current value of the orchard (without land value) at the locality at the time of land acquisition' and (iii) 'perennial industrial trees is calculated on the basis of the actual value of the damaged trees'. There is not a big difference between the PPC's unit prices and results of the replacement cost survey and what DPs propose. Colnpensation unit price for land and crops: For land: 29,000 VND/m2 For crop (rice): 6,000 VND/m2 9.3,4 Flow of Fund ConsultingCenter for Powers Design and Cosntruction -Rural Distrivution Proiect Phu Chan 1lOkV substation and feeder Fi ~ndfor the implementation of RP will be from EVN : PC1 will transfer such budget to Provincial CRC. Provincial CRC will transfer such budget to District CRCs. TIle District CRCs are responsible for : Payment of compensation and all entitled allowances directly to DPs, and Payment to cover costs of overall W activities. Pl!:ase see Table 9.5.6 for Total Estimated Cost of RP Implementation. 9..1.5 Inflation Adjustment The rates of compensation and cash entitlements for rehabilitation and allowances . payatde to the DPs shall be reviewed and, if necessary, adjusted at the actual time of R1' implementation based on the actual annual inflation rate upon request of the CRCs. 9.4 Cost Estimates Expenditures for RP comprising of: Office works : design study, preparation of socio-economic 'questionnaire', statistic survey forms. Field works : census and inventory, socio-economic survey, interview, community meeti~lgsand meetings with local authorities. Sulvey work is carried out in two stages : (i) Preliminary stage (for RP preparation) and (ii) Implementation stage (DMS & inventory - at the early time of project and RP implementation). -. Colnpensation and Rehabilitation - Ba:;ed on the impacted categories and extent of impacts which described in the above chapters, compensation and rehabilitation costs are included : Co~npensationfor permanently land acquisition. Co~npensationfor temporarily and permanently affected trees (including the cost of cutting the trees) and crops. Consulting Center for Powers Design and Cosntruction Rural Distrivi~tionProiect Phu Chan llOkV substation and feeder Compensation for houses and structures required to be removed from the proposed ROWS(including demolishment cost and repair cost). Sltbsidy, allowance for rehabilitation, consists of: relocating subsidy, transport allowance, training subsidy etc. - Management C~jstfor staff of PMB and CRCs includes in :physical basic salary and allowance for atlministrative organization. The local CRCs shall undertake many works during the project implementation and only some members will be contracted to work for a certain period of time. Cost for trainings, workshop, information campaign etc. - Monitoring = 3,5% of total compensation and RP preparation When implementing the project, PMB of PC1 will enter a contract with an independent external monitoring agency to carry out the external monitoring. Since cost of monitoring work has not yet envisaged in detail, it is estimated at about 2% of total cost of compensation and RP preparation. The interested independent external monitoring agency will prepare the technical and financial proposals for bidding and actual cost will be decided through procurement for independent monitoring. Contingency = 15% of total compensation and RP preparation From the experiences of the undertaken projects and current projects, the percelitage of contingency is 15% of total compensation and RP preparation 9.5 Total estimation for RP implementation 9.5.1 RP preparation and detailed measuring and drawing Initial stage -RP preparation RP preparation is supposed to include: Design study and field visits. Developing the socio-economic survey form (interview) and inventory form (preliminary measurements of assets and counting of properties). 0rl;anizing community meetings, community consultation and distribution project related materials such as leaflets, Q&A, etc. Consulting Center for Powers Design and Cosntruction 93 - Rural Distrivution Proiect Phu Chan llOkV substation and feeder Socio-economic surveys through "questionnaires" filling and direct interviews. Data processing and RP development for approval. Estimated cost for the stage of preparation: 31.087.943 Total 31.087.943 Inlplementation stage - DMS In the implementation stage - DMS, the district CRCs Support Working Teams are mobilized to carry out the following tasks: PIeparing the DMS and inventory forms, RIB. O~ganizingcommunity meetings. DIMSand inventory. Negotiating with DPs. Completing DPs' compensation and rehabilitation forms and submitting to the Distrlct CRCs for approval. Support Working Teams: Nil Total number of Support Working Teams staff is: Nil Estimated total implementation stage: Basic salary, per diem, accommodation, travel expenses, form, Q&A, leaflet printing and community meeting organization. Cost of the implementation stage : 31,087,943 VND - Total cost for RP preparation 31,087,943VND Of which: Inrtial stage (RP preparation ) 10,000,000 VND lnlplementation stage (DMS and inventory) 21,087,943VND 9.5.2 Compensation and restoration A:. motioned in the previous chapter, the project does not affect residential land, houses, and structures and therefore there is no DP required to relocate. As a result, compensation includes: ConstiltingCenter for Powers Design and Cosntruction -Rural Distrivution Project Phu Chan llOkV substation and feeder Compensation for permanent land acquisition. Compensation for crops, trees in the land acquired temporarily and permanently. Decisions of Bac Ninh People's Committee have been enforced on compensation policy, allowance and resettlement and applied in Bac Ninh when the land is acquired by the Government. 10 Disclosure Draft of Policy Framework and Entitlement Matrix have been disclosured at the peopre's Committees of the project related 6 communes+2 districts of Bac Ninh in the project area. Drafts of RP have been disclosured at the offices of the provincial People's Committee of Bac Ninh Province and at the Vietnam Development and Information Ceritcr (VDIC) of the World Bank office in Hanoi. l'lle final RP will be cleared by the WB and approved by EVN and the PMB of Bac Ninh Province. Consulting Center for Powers Design and Cosntruction 1. Project areas 2. Compensation Policy Framework, Resettlement and Life Restoration 3. Entitlement Matrix 4. Public Consultations 5. Samples of "Questions" 6. Samples of "Leaflets" 7. Housing categories (Vietnam Construction Standards) 8. Socio-economic survey forms for APs 9. List of project affected persons 10.Entitlements of project affected persons Annex 1 Project areas Annex 2 Compensation Policy Framework, Resettlement and Life Restoration SECTION 1 INTRODUCTION A The Project 1. Objectives The objective of the proposed project would enable the supply of sufficient power of acceptable quality to the rural retail level. 2. Preliminary project description: The project would f o c ~ ~ons rehabilitating and increasing the capacity of existing distribution lines and substations and standardizing them to 110, 35 and 22kV to enable them to meet the growing demand more efficiently, provide better quality and quantity of electric power for productive uses, and reduce power system losses Based on si~itabilityand priority of the subprojects and the interest expressed by the PCs, the project would have up to 7 components, one per participating PC. The proposed project would cost about US$158.5 million, of which about US$107 million would be financed by IDA. It would be implemented by Power Companies (PCs) under the supervision of EVN. 3. To implement subprojects components, land acquisition will be required. However, rehabilitating and increasing the capacity of existing distribution lines and substations would not cause large scale of land acquisition and resettlement. For the ownership and implementation arrangements, separate Resettlement Plans (RPs) will be prepared prior to the appraisal one for each participating PC B. Policy Framework 4. This resettlement policy framework prepared based on the PO/BP 4.12 of the World Bank on involuntary resettlement (December, 2001). The principle objective of the Policy Framework is to ensure that all displaced persons (DP's) / will be compensated for their losses at replacement cost 2 and provided with rehabilitation measures to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity 5. The Policy Framework lays down the principles and objectives, eligibility criteria of DP's, entitlements, legal and institutional framework, modes of compensation and rehabilitation, peoples participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DP's C. The Displaced Persons (DPs) 6 The DP's include the following persons to be identified by the baseline information collected for each Resettlement Plans (RPs): (a) persons whose houses are in part or in total affected (temporarily or permanently) by the project, (b) persons whose residential and premise and/or agricultural land is in part or in total affected (permanently or temporarily) by the project; (c) persons whose businesses are affected in part or in total (temporarily or permanently) by the project, and (d) persons whose crops (annual and perennial) and trees are affected in part or in total by the Project. D. Principles and Objectives The principles outlined in the World Bank's Operational Policies 4.12 (OP/BP 4.12) have been adopted in preparing this Policy Framework In this regard the following principles and objectives would be applied: (a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. (b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (TIL), surrounding areas of tower foundation, the substation areas, in the service roads under the project as of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels Lack o f le~alrights to the assets lost should not bar the DP from entitlement to such rehabilitation measures. (c) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures, (ii) agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DP's choice ,(iii) replacement of residentiallpremise land of equal size acceptable to the DP or in cash at replacement cost according to DP's choice, and (iv) transfer and subsistence allowances. (d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DPs (e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DP's prior to the expected start-up date of works in the respective project sites. (f) Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the DPs, to ensure minimal disturbance Entitlements will be provided by DPs prior to expected start-up of works at the respective project site (g) The previous level of community services and resources will be maintained or improved. (h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required. (i) Institutional arrangements will ensure effective and timely design, planning, consultation and implementation of RPs. (j) Effective and timely supervision, monitoring and evaluation of the implementation of RPs will be carried out E. Resettlement Plan (RP) 8 The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement Abbreviated Resettlement Plan 9. In case impacts on the entire displacedpopulation are minor, 3 or fewer than 200 people are displaced, an Abbreviated Resettlement Plan (ARP) will be prepared by the respective PCs (under EVN) and consolidated by the project provinces for any given project phase and furnished to the World Bank for its concurrence 10. Each Abbreviated Resettlement Plan will cover the following minimum elements: (1) a census survey of displaced persons, and valuation of assets, (2) description of compensation and other resettlement assistance to be provided: (3) consultation with displaced persons about acceptable alternatives, (4) institutional responsibility for implementation and procedures for grievances redress; and (5) a timetable and budget. In the case some displaced persons, lose more than 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures. 11. The Abbreviated Resettlement Plan will be completed bv no later than four months prior to the estimated date-forcommencement of the worh under the project phases. Each Abbreviated Resettlement Plan will be furnished to the World Bank for consideration no later than three months prior to the actual initiation of the worh under the Project. Compensation, resettlement and rehabilitation activities will only commence after the World Bank has found acceptable the respective Abbreviated Resettlement Plan and the E W has approved it The compensation, resettlement and reliabilitation activities will be completed before awarding the contracts ofcivil worh imcler each sub-proiect. Resettlement Plan 12 In case more than 200people are affected by theproject, afull Resettlement Plan (RP)wiN beprepared by the respective PC in accordance with theprovisions of this Policy Framework. The RP will befurnished by PC under EW to the WorldBankfor its concurrence 13. Each RP will include: (1) description of the project, (2) project potential impacts, (3) objectives, (4) socio-economic studies, (5) legal framework, (6) institutional framework, (7) eligibility, (8) valuation and compensation for losses, (9) resettlement measures, (10) site selection, site preparation and relocation; (11) housing, infrastructure, and social services, (12) environmental protection and management, (13) participation and consultation; (14) integration with host populations, (15) grievances procedures, (16) organizational responsibilities, (17) implementation schedule, (18) cost and budget; and, (19) monitoring and evaluation 14Each RP will be completed bv no later than six monthsprior to the estimated date fbr commencement o fthe worh. Each RP will be firrnishedto the WorldBank for consideration bv no later than three monthsprior to the actual initiation o f the works zrnder the Project. Rehabilitation and assistance activities will only commence after the WorldBank hasfound acceptable the respectiveRP and EW has approved it. Rehabilitation and assistance activities will be completed before awarding contracts of civil works under each sub-project. SECTION 2 INSTITUTIONAL AND LEGAL FRAMEWORK A. Institutional Framework 15 The responsibility for preparing and implementing the Policy Framework and RPs are as foIlows: 'The overall responsibility for enforcement of the Policy Framework and for planning and implr:menting RPs rests with PCs under EVN. The PCs and their Project Provincial Powers (PPPs) are responsible for carrying out census, socioeconomic survey and inventories and preparing RPs and for the day-to-day implementation thereof within their respective juristliction. The people's committees at the district and commune levels will participate in the - RP preparation and implementation. These administrative units will also ensure the active and effective participation of the DPs in the RP preparation and implementation. In order to have RPs acceptable to the World Bank and to implement RP smoothly, PCs under EVN are responsible for i) hiring qualified consultants to prepare RPs; ii) appointing qualified social safeguard staff at each PC and its Project Management Board (PMB) and Compensation and Reseltlement Committees at provincial and district levels. Funds for compensation will be from EVN and budgetary requirements for economic restoration, other assistance would be either from counter part funds or from IDA 13. Legal Framework 16. I his section reviews the legal framework and policies of the Government of Vietnam and IDA policies related to land acquisition, compensation and resettlement. It then compares the two approaches. Since there are differences between the WB's policy and the Vietnamese's, the project requires a waiver of the Vietnamese Government articles of decrees and regulations concr:rning compensation and resettlement. Subsequently, compensation and resettlement plans will 11eimplemented according to the project policies. 17. l'he Legal Framework of the Government of Vietnam: The key national laws, decrees governing land acquisition, compensation and resettlement in Vietnam consists of the follo~ving: The Constitution of Vietnam, 1992 confirms the right of citizens to own a house and to protect the ownership of the house. . The Land Law 2003 issued on December 10"', 2003. Decree 181/2004/ND-CP issued on October 29,2004 guiding the implementation of the Land Law revised 2003. Decree 197/2004/ND-CP issued on December 3, 2004 on compensation, support and resettlement when land is recovered by the state. Circular 116/2004/'IT-BTC issued on December 7, 2004 guiding the implementation of compensation, support and resettlement when land is recovered by the State Decree 188/2004/ND-CP issued on November 16, 2004 on methods to determine land prices and assorted land price brackets. Circular 114/2004/'IT-BTC issued by November 26, 2004 guiding the implementation of the Government's decree No 188/2004/ND-CP Decree 17/2006/ND-CP dated January 27, 2006 on revision and supplementation of some regulations in decrees guiding the implementation of the Land Law Decree 84/2007/ND-CP dated May 25Ih 2007 on revision of issuing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress 18 World Bank Policy on Involuntary Resettlement (OP/BP 4.12) 18.1 The primary objective of the World Bank policy is to explore all alternatives to avoid or at least minimize involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that previtiled prior to the Project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, or access to them, and the loss of income sources or other means of livelihood. Measures required to ensure that resettlement has a positive outcome include: Consulting with potential Project-affected people on feasible measures for resettlement and rehabilitation; Providing Project-affected persons with options for resettlement and rehabilitation; Enabling their participation in planning and selecting these options; Providing compensation at full replacement cost for losses; Choosing relocation sites that provide, at a minimum, the same benefits and services as the sites they replace; Providing allowances, training and income support to assist in making a smooth transition, Identifying vulnerable groups and providing special assistance to these groups, and, Establishing an institutional and organizational structure that supports this process to a successful end 18.3 Eligibility Criteria and Compensation. 18.3.1 'The displaced or project-affected people eligible for compensation will include: (a) those who have formal legal rights to land or other assets; (b) those who initially do not have formill legal rights to land or other assets but have a claim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certilicates, or upon the permission of local authorities to occupy or use the project affected plots. and (c) those who have no recognizable legal right or claim to the land they are occupying 1.8 3.2 Persons covered under (a) and (b) are provided compensation for the land they lose, and other assistance Persons covered under (c) are provided resettlement assistance, 4 lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off dates defined in Rl's Persons who encroach on the areas after the cut-off date 5 defined in RPs are not entitlt:d to compensation or any other form of resettlement assistance. 19. Valuation of and Compensation for Losses: The methodology to be used in the valuation of losses for Bank-associated Projects is based on their replacement cost. in this I'roject, losses comprise land, structures and other assets. Replacement cost for land includes the v,~lueof land at market price plus the cost taxes and fees to get Land Use Right Certificate (LURC). For houses and other structures, the market cost of the materials should be used to calculate the replacement cost to build a replacement structure with an area and the quality should be at least as good as those affected. For both totally and partially affected structures, compensation includes market cost of material, plus the costs of material transport, labor and contractor fees, registration and transfer taxes. Depreciation of the asset and amount saved in materials will not form a part of replacement cost. 20. Comparison between Government of Vietnam and World Bank Approaches 'Thele are a number of ways in which the approaches of the Vietnam Government either in - policy or practice - are compatible with World Bank guidelines. The most important compatibilities are: r Vietnam has a process whereby most people without legal land rights may meet conditions of legalization and receive compensation for losses. r Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two. a Resettlement sites offer not only better improved infrastructure and services but represent a higher standard of living r Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal. Differences between the approaches and measures that need to be addressed within the program also exist. However, in this context, procedures exist within national and City governments that allow the granting of waivers of domestic law on specific projects that may be in conflict with that of the funding agency. On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible. The government has its own process in place whereby land occupied without legal documentation can be legalized, this land, however, is compensated for at a rate equal to 100% of land price minus the taxes and fee for land use right registration from 15 October 1993 (Item 49, 50 of Article 42, of 2003 Land Law) Compensation at replacement cost is ensured in Art 6 of Decree 197/2004/ND-CP dt Dec 3rd 2004 that "...people who have land being acquired shall be compensated with land of similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisition shall be applied. If there is many differences in value, in case of compensation by new land or house, such difference shall be settled in cash" and Art 19 in the same Decree states that "...house and structure of domestic use of household or individual shall be compensated with the value of construction of new house, structures of similar technical standard". C Required Waivers 21 111order to meet the requirements of the World Bank OP 4.12 on Involuntary Resettlement a number of articles in various Vietnamese laws and regulations which do not ensure compensation at replacement cost or set eligibility provisions which do not extend the right to rehabilitation and or assistance to households without proper land paper, will be waived. The articles of law and regulations that will be waived are mentioned below: 22. Eligibility to Compensation - Decree 197/2004/ND-CP dt. Dec 3rd2004 22.1 Article 7: (Non eligible persons to compensation of land) stipulates that "The person whost: land is recovered and who has not met one of the conditions stipulated in Article 8 of this Llecree; land assignment by State without land use fee or land use fee got from State budgt;t, or who has violated the plan already ratified by the competent level, and such violation has been announced, or who violates the corridor protecting work, or who illegally occupies land shall not receive compensation when the state recovers the land The People's Committee of province or City directly under the Central Government shall consider and makc: decisions on a case by case basis". 22.2 Article 18 (item 3,4) and Article 20 (item 2b, c) (Principle for compensation of lost property): (i) Houses and structures on non-eligible for compensation land, which have not violated announced land use plan or right out way will be assisted at 80% of replacement cost; (ii) 14ouses and structures on non-eligible for compensation land, which have violated announced land use plan or right out way will not be assisted If necessary, PPC will consider on the case by case basic. 22.3 Article 28 (item 1,2) and Article 29 (item 1) of Decree 197/2004/ND-CP {Assistance Policy for rehabilitation) DPs losing more than 30% of productive land will be entitle to living stabilization and trainingljob creation assistance 22.4 To ensure that the objectives of this resettlement policy are met, a special decision of the Government waiving Article 7, 18, 20, 28 and Article 29 of Decree 197/2004/ND-CP is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in the policy. 23 Price of Land for Calculation of Compensation: 23 1 According to Vietnamese Regulation, calculation the unit price for land compensation will be on GOV Decree 197/2004/ND-CP and 188/2004/ND-CP along with their Guidance (Circular 116/TT-BTC and Circular 114/2004/TT-BTC) 23.2 Article 9 of Decree 197/2004/ND-CP dt Dec 3rd2004: This article state that land price for compensation calculation is the land price in the respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in line with GoV regulation (within GoV's range of minimum and maximum price). 23.3. Article 2 of Decree 188/2004/ND-CP dt. Nov 161h2004:: This article states that the land price shall be defined by the Provincial People's Committee and/or cities directly under the central government. 23.4 'To ensure that the objectives of the project resettlement policy are met, unit price for land compensation established by Pro~ectProv~nc~al/c~t~esPeople s Committee w~llbe adlusted to meet the replacement cost - " " 'The compensation unit price established by. provincial/district CRCs, provincial DOFs, DOCS and ap roved by provincial People's Commltiee may be ad'usted to meet the replacement cost, by th,: f?me of compensation, to ensure the objectives of R pol~cyare met. d 24 &.~sistance Policy for DPs who Rent Houses from the Government - Decree 197/2004/ND- CIP t/;.Dec3'" 2004 - 241 ~irticle21 This article state that the DP who rent GoV house and has to be relocated by shzlf relocation will be assisted by cash at rate aqua1to 60% of the cost of currently rented house and 60% of the cost of land value, in case of no resettlement houses to be arranged for them. 24.2 To ensure that the objectives of the policy are met, a special decision of the Govevnment of VietNam regarding waiver of Article 21 of Decree 197/2004/ND-CP is needed to pel mit assislance and rehabilitation measures for DPs who share rented government housing as proposed in this policy. 25. Government Commitment - Decree 131/2006/ND-CP dt. Nov 91h2006 on guiding the ODA management (revision of Decree 19/2001/ND-CP dt May 4'h 2001) and Decree 197/:!004/ND-CP dt Dec. 3rd2004 251 Article 2 (item 2.5) of Decree 131/2006/ND-CP: This article state that "in the case of inter~~ationalagrrement ODA have been signed between Government and Sponsor stipulate other contents, the international agreement will be prevail 25 2 Article 1 (item 2) of Decree 19/2001/ND-CP states that: "in the case of international agrrement ODA have been signed between Government and Sponsor stipulate other contents, the international agreement will be prevail" 25.3'lThewaiver will be approved by Government in the decision of the project investment before negotiation The Project Provincial People's Committee will issue official letter for their agreement in implementing the policies set forth in RP SECTION 3 ENTITLEMENT POLICY 26. DP's will be entitled to the following types of rehabilitation and assistance measures (a) DPs losing agricultural/productive land and crops (i) if the portion of the land to be lost represents 10% or less of the total area of the landholding, and the remaining land is still a viable economic holding, cash compensation, at full replacement cost for the acquired area may be provided to the DP (ii) if the portion of the land to be lost more than 10% of the total area of the landholding and the remaining holding is not viable then the project will acquire the entire landholding and provide "land for land" arrangementsof equal productive capacity, satisfactory to the DP However, if the DP prefers to receive cash instead of land, then cash compensation at replacement cost is applied. (iii) DP's will be compensated for the loss of standing crops at market price, productive trees will be compensated at replacement cost (iv) DP's whose land is temporarily taken by the works under the project will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure Land will be rehabilitated after the project construction by each PC and its PMB. (b) DPs losing residential land and houselstructure (i) The mechanism for compensating loss of residential land and structures will be: (1) the provision of replacement residential land (house site and garden) of equivalent size, satisfactory to the DP or cash compensation at replacement cost according to DPsl choice, and (2) cash compensation reflecting full replacement cost of the house/structures, without deduction for depreciation or salvage materials or compensate in kind according to DPsl options (ii) If residential land is only partially being affected by the project and the remaining areas are not sufficient for reorganizing DP's house then at the request of the DP, the entire residential land will be acquired at full replacement cost. (iii) If houselother structure is only partially being affected by the project and the remaining areas are not convenient to using, the house1 structure will be acquired at full replacement cost, without depreciation. (iv) Tenants, who have leased a house for residential purposes will be provided with a cash grant of six months rental fee at the prevailing market rate in the area, and will be assisted in identifying alternative accommodation - (c) DPs losing business (i) 'The mechanism for compensating loss of business will be: (1) the provision of alternative business site of equal size and accessibility to customers, satisfactory to the DP, (2) cash compensation for lost business structure reflecting full replacement cost of the structures, without depreciation, and (3) cash compensation for the loss of income during the transition period (d) DPs will also be provided compensation at full replacement cost, without deduction for depreciation and salvage materials for any other fixed assets affected in part or in total by the project, such as tombs and water wells, etc. 27. In cases where community infrastructure such as schools, factories, water sources, roads, sewage systeins is damaged, the PPC of the project provinces and EVN will ensure that these would be restored or repaired as the case may be, at no cost to the community 28.Besides the direct compensation for the losses, DPs also will be entitled to additional assistance (subsidies1allowances) as stipulated in the Decree No.I97/2004/ND-CP. These subsidies1allowances are as below: a) Transportation allowance Article 27, all DPs relocating within the province are entitled to a maximum allowance of 05 million VND. All DP relocating out of the province are entitled to a maxmum allowance of 0 5 million VND. This subsidy allowance is for the transportation of their salvageable materials and living facilities. All DP relocating and while waiting for establishment of new resettlement residences at resettlement sites are (i) to be provided with temporary residence or (ii) temporary rent cost. b) Subsistence allowance for relocating Article 28: (i) all DPs relocating within province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 03 months; (ii) all DPs relocating out of province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 06 months; (iii) All DPs 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. - c) Restoration allowance DPs, who are permanently affected more than 10 % of productive land or incomes, will be entitled to trainings or other economic restoration programs at about VND 1,500,000 for household. d) Relocation bonus A bonus of maximum 5 million will be awarded to DP who dismantle their houses and vacate their premises in accordance with the resettlement schedule of will get a maximum bonus of 5,000,000 WVD/ HH. 29. By the nature of the project impacts, the potential impacted categories are classified into seven (07) categories. The entitlement matrix is attached (see Annex 1) 29.Voluntary Donation: For the rehabilitation/expansion of Low Voltage System, wherethere are DPs who would be marginally affected on residential landlother assets and who maychoose to contribute affected landlassets in lieu of a cash contribution for the projectconstruction, a procedure for determining and documenting the voluntary nature of thecontribution are as follows: step 1: Local authorities clearly inform to all DP about this project resettlement policy, and the actual entitlement to compensation. step 2: Volunteer DPs sign in the DMS and Entitlement forms for the affected assets and asset(s) which they choose to contribute for the project, and these forms will be filed in ProvinciaVDistrict Compensation Committees' offices. step 3: a sample of about 20% of volunteer households will be checked by independent monitoring agencies at the beginning times of RPs implementation and reports of independent monitors on this matter will be submitted to IDA for its concurrence. The above procedure will also be clearly guided in Project Implementation Manual (PIM). SECTION 4 SITE SELECTION,SITE PREPARATION, AND RELOCATION 3 1 If there are families have to be relocated because of the project impacts and resettlement sites are required. The PCs and local authorities will clearly describe in RP about alternative relocation sites considered and explanation of those selected, covering: (a)institutional and technical arrangements for identifying and preparing relocation sites, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources, (b)any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; (c)procedures for physical relocation under the project, including timetables for site preparation and transfer, and (d)legal arrangements for regularizing tenure and transferring titles to resetters (e)housing, infrastructure, and social services. Plans to provide (or to finance resettlers' provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. (f)a description of the boundaries of the relocation area, and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). SECTION 5 PEOPLE'SPARTICIPATION 32. The local authorities and its relevant organizations, DPs and host communities will participate throughout the various stages of the planning and implementation of KPs. The DPs will be fully informed of the provisions of this Policy Framework at public meetings held by the respective PC, its PMB and local authorities. 33. Each DP will be fully informed and consulted by the relevant District Peoples' Committee and/or Communes Peoples' Committees of their entitlements and rehabilitation choices under the respective . SECTION 6 BASELINE INFORMATION A. Census and Inventory 34. The baseline information will include the following information for each household. (a) number of persons and names; number, type, and area of the houses lost, number and area of all the residential plots lost, number, category and area of agricultural land lost, quantity and types of crops and trees lost, businesses lost including structures, land and other fixed assets, productive assets lost as a percentage of total productive assets; quantity and category of other fixed assets affected by each sub-project, and temporary damage to productive assets The proposed census and inventory form is attached (see Annex 2) 13. Resettlement Plan 35. The baseline information for a RP will include: (a) an Census and Inventory (seeabove); and (b) a detailed socioeconomic survey of all DP's describing their age, sex, ethnicity,education, occupation, sources of income, and total household income. 36. The entitlements of DPs will be calculated based on the above information SECTION 7 IMPLEMENTATIONARRANGEMENTS A. Implementation Schedule 37. A detailed implementation schedule of the various activities to be undertaken will be included in each RP The RP implementation schedule must be developed based on the linkage to the civil work implementation schedule 38. Payment o f rehabilitation and furnishing o f other restoration assistance entitlements On cash or in-kind), a d relocation i f that be the case, have to be completed prior awarding contracts for civil works. B. Institutional Arrangement 39. PCs and all project provinces will arrange adequate and experience staff to make surethat RP will be implemente~ismoothly as approved schedules. C. Complaints and Grievances 40. Complaints and grievances related to any aspect of RP implementation, including the determined the quantiv and price ofthe lost assets, will be handled asfollows: First step: If any person is aggrieved by any aspect of the resettlement and rehabilitation program, helshe can lodge an oral or written grievance with commune authorities Commune People's Committee will resolve the issue within fifteen days from the date it receive the complaint Second step: If any aggrieved person is not satisfied with the decision in stage 1, he/she can bring the complaint to the District People's Committee (DPC) or District Resettlement Committee (DRC) within fifteen days from the date of the receipt of the decision in stage 1. The District People's Committee (DRC) or District Resettlement Committee (DRC) will reach a decision on the complaint within fifteen days Third step: If the DP is still not satisfied with the decision at district level, he/she can appeal to the Provincial People's Committee (PCC) or Provincial Resettlement Committee (PRC) within 15 days of receiving the decision of the DPC or DRC The Provincial People's Committee (PRC) or Provincial Resettlement Committee (CRC) will reach a decision on the complaint within fifteen days. Fourth step: If the DP is not satisfied with the decision of the Provincial level, the case may be submitted for consideration by the District Court within 15 days of receiving the decision of the PPC or PRC. 41 DP's will be exempted from all administrative and legal fees D. Supervision, Monitoring and Evaluation 42. Implementation of RPs will be periodically supervised and monitored by the respective PCIits PMB in a close coordination with the respective Peoples' Committees at different administrative units and independent monitoring agencies The findings will be recorded in quarterly reports to be furnished to EVN, PCs and Project Provincial Powers 43. Internal monitoring and supervision will: (a)Verify that the baseline information of all DP's has been carried out and that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of this Policy Framework and the respective (b) Oversee that the RPs are implemented as designed and approved. (c) Verify that funds for implementing the RPs are provided to the respective PMBs in a timely manner and in amounts sufficient for their purposes, and that such funds are used by the respective PMB's in accordance with the provisions of (d)Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner. 44. lndependent Monitoring: An independent agency or agencies or individual consultant will be retained by PCs of EVN to periodically carry out external monitoring and evaluation of the implementation of RPs. The independent agencies will be academic or research institutions, non-Governmental Organizations @GO) or independent consulting firms, all with qualified and experienced staff and terms of reference acceptable to the World Bank. 45. In addition to verifying the information furnished in the internal supervision and monitoring reports of the respective PCs, the external monitoring agency will visit a sample of 20% of household DPs in each relevant province six months after each implementationto: (a) Determine whether the procedures for DPs participation and delivery of compensation and other rehabilitation entitlements has been done in accordance with this Policy Framework, and (b) Assess if the Policy Framework objective of enhancement or at least restoration of living standards and income levels of DPs have been met. (c) Gather qualitative indications of the social and economic impact of Project implementationon the DPs. (d) Suggest modification in the implementation procedures of s, as the case may be, to achieve the principles and objectives of this Policy Framework. SECTION 8 COSTS AND BUDGET 46. Each RP will include detailed cost of rehabilitation and other restoratiodassistance entitlements and relocation of DPs, if that be the case, with a breakdown by agricultural land, residential land, business land, houses, businesses and other assets The cost estimates will make adequate provision for contingencies 47. Sources of funding for the various activities will be clearly specified in the cost tables For Rural Distribution sub-projects, funds for implementing RPs will be from counterparts: EVN andlor PCs will arrange budget for implementing RPs Annexes 1. Annex 1 :Entitlement Matrix 2. Annex 2: Proposed Inventory form of Project Affected People Note: LThe term "displaced persons" refers to persons who are affected in any of the ways described in para 7(c) and 19.3.1 of this RPF. - 2 "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard 3 "Entire displaced population are minor": Impacts are considered "minor" if the affected people are not physically displaced and less than 10% of their productive assets are lost 4 Resettlement assistance : Resettlement assistance may consist of land, other assets, cash, employment, and so on, as appropriate. 5 the cut-off date: Normally, the cut-off date is the date the census begins The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. Annex 3 Entitlement matrix Annex 3 -Entitlement Matrix Type of Loss I Application Definition of 1 Compensation Policy 1 Implementation Issues 0 . . Entitled DPs Temporary acquistition All DPs have DPs Cash compensation Trees have to be cut are egulated by the GOV of productive land in trees, crops, witwwithout foraffected perennial Decree No.l06/2005/DhD-CP dt. August 17,2005 ROW other assets in LURC included trees at the on the protection of the high voltage networks. in the inventory replacement cost plus PMB and local authoritiesdetermine and ensure or able to prove cost for cutting trees that compensationfor perennial trees will be at the land occupancy and cash replacement cost and for crops at the market price. prior to the cut- compensation for If DP is requested to cut the affected trees, Ph4B off date affected crops at will pay money for this work and DP has the right market price. Number to use the salvageabletrees. of crop patterns to be Full compensation at least 01 month before land compensatedbased clearance. Paymentto DPs will be delivered by on the time of PMB and Compensationand Resettlement temporarily acquired Committees( CRSs). of land. Affected land in ROW will be rehabilitated by No compensation for contractorsafter the profect construction and land land. could be used with the restricted purposes. Rehabilitate land Finance availablefor compensation and well after the project information disclose/disseminate. construction. orchards or I structuresbuilt there in. / 1 Type of Loss I Application 1 Definition of 1 Compen~atinpPnlicy 1 1 Entitled DPs Cash compensation Trees have to be cut are regulated by the GOV for affected perennial Decree No. 106/2005/ND-CPdt.August 17, 2005 on trees at the the protection of the high voltage nitworks. replacement cost pius PMB and local authorities determine and ensure cost for cutting trees that comensation for perennial trees will be at the and cash replacement cost and compensation for crops at compensation for market price. If DP is requested to cut the affected affected crops at trees, PMB will pay money for this work and DP market price plus cost has the right to use the salvageabletrees. for cutting trees. Full compensationto DPs at least 01month before Number of crop land clearance. patterns to be Affected land in ROW will be rehabilitatedby compensated based contractors after the project construction. on the time of Payment to DPs will be delivered by PMB and temporary acquisition CRCs. of land. Finance available for compensation and well No compensation for informationdiscloseldisseminate. land. \ Rehabilitate land after the project construction. Temporary impact on All DPs have -do- Househuilding House and building have to be demolished or could residential and garden houseshuildin DP can opt for: be existed are regulated by the GOV Decree land. Partial gs and (i) Remain their houses 10612005MD-CPdt. August 17,2005 on the househuilding within treeslfiuit or buildings in ROW protection of the high voltage networks. ROW (Area in ROW trees in ROW with the conditions Consultation for DP's optionson remaining their less than 10%of total regulated by the house in ROW or movce out of ROW. area) and the GOVDecree PMB and local authoritiesdetermineand ensure demolished area do not 106/2005/ND-CPdt. that compensation will be at the replacement cost, impact the remaining 'I August 17,2005 on without deduction for salvageablematerials. househuilding. thr y - n t ~ ~ t i nfnthe n r n D c rrz;ll 4nmnl;rh thn -- - --- -- ; r n v - ~ m + o r l -- --- v=-.- - - v - t l - n n - e n A --.-.--.. .-.- --.- ---- \ Residential land and high voltage reconstrusct and/ or improve their houses garden land outside of networks. Subsidy themselves. ROW is sufficient for allowance for Full compensation for perennial trees at least 01 reorganizing ( more fireproof materials month before land clearance. If DP is requested to than 60 m2 in the ur- ad lighting arrestors cut the affected trees, PMB will pay money for this ban area and 200m2 in for the existing wrk and DP has the right to use the salvageable househuilding; or trees. (ii) Cash compensation Full entitlementto DPs impacted on househuilding for the directly at least 03 months before land clearance. affected rooms at the Payment to DPs will be delivered by PMB and replacement cost and CRCs. cost for demolishing Land in ROW c0u.d be used with restricted an affected room. pureposes. No compensation for Finance available for compensation and well land. information disclose/disseminate. Rehabilitate land after the project construction by contractors. Perennial trees: Cash compensation for affected perennial trees at the replacement cost plus cost for cutting trees price plus cost for cutting trees. Allowances: Relocating allowance in cash equivalent to . 30 kg of rice per Derson Der monthi in six months. Temporary impact on All DPs have Househuilding House and building have to be demolished or could residential and garden houseshuildin DP can opt for: be existed are regulated by the GOV Decree land. Partial gs and (i) Remain their 106/2005/ND-CP dt. August 17,2005 on the househuilding within trees/hit houses or buildings in protection of the high voltage networks. ROW (Area in ROW trees in ROW ROW with the Consultation for DP's options on remaining their less than 10%of total conditions regulated house in ROW or movce out of ROW. area) and the by the GOVDecree PMB and local authorities determine and ensure demolished area do not 106/2005/ND-CP dt. that compensation will be at the replacement cost, impact the remaining August 17,2005 on without deduction for salvageable materials. househuilding. the protection of the DPs will demolish the impacted partlroom and Residential land and high voltage reconstrusct and1or improve their houses garden land outside of networks. Subsidy themselves. ROW is sufficient for allowance for Full compensation for perennial trees at least 01 reorganizing ( more fireproof materials ad month before land clearance. If DP is requested to than 60 m2 in the ur- lighting arrestors for cut the affected trees, PMB will pay money for this ban area and 200m2 in the existing wrk and DP has the right to use the salvageable the rural area). househuilding; or trees. (ii) Cash Full entitlement to DPs impacted on househuilding compensation for the at least 03 months before land clearance. directly affected Payment to DPs will be delivered by PMB and rooms at the CRCs. replacement cost and Land in ROW c0u.d be used with restricted cost for demolishing pureposes. an affected room. Finance available for compensation and well No compensation for information disclose/disseminate. land. Rehabilitate land after the project construction by 1 contractors. I /Perennial trees: I 1 Cash compensation for affected perennial trees at the replacement cost plus cost for cutting trees price plus cost for cutting trees. Allowances: Relocating allowance in cash equivalent to 30 kg of rice per person per monthi in six months. Temporary impact on All DPs have -do- DPs can opt for one of · House and building have to be demolished or residential and garden houseshuildin the followkgs: could be existed are regulated by the GOV Decree land in ROW. Full or gs and (i) Remain their 106/2005/ND-CPdt. August 17,2005 on the partial househuilding trees/hit houses or buildings in protection of the high voltage networks. impacted and land trees in ROW ROW with the Consultation for DP's options on remaining their outside of ROW is not conditions regulated house in ROW or movce out of ROW. fufficient for by the GOVDecree PMB and local authorities determineand ensure reorganizing( more 106/2005/ND-CPdt. that compensation will be at replacement cost at the than 60 m2 in the ur- August 17,2005 on time of payment. ban area and 200m2 in the protection of the Replacement land and resettlement sites the rural area). high voltage development. networks. Subsidy DPs receiving compensation will demolish the allowance for impacted areas and reconstructt'or improve their fireproof materials ad houses themselves. lighting arrestors for Full compensation for perennial trees to DPs at the existing least 01 month before land clearance. If DP is househuilding; or requested to cut the affected trees, PMB will pay (ii) Cash money for this work and DP has the right to use the com~ensationfor the 1 1. directly affected salvageabletrees. rooms at the Full c~mnrnsatipnfnr 12naim?ect~c!h?:!s: 3112 ' replacement cost and allowances to DPs at least 05 months before land cost for demolishing clearance. an affected room. Paymentto DPs will be delivered by PMB and . (iii) "Land for land" CRCs. with the same area Cleared residential could be used with restricted , DP occupied and pureposes. cash at Financenand available for replacement cost compensation/rehabilitation and well information for the affected disclose/disseminate. assets associated PMB consults with DPs who are eligible to with land. Land rehabilitation for their options and prepare proposal occupied by DP for rehabilitation programs in the period of RP will be obtained by implementation. local authorities. Perennial trees: Cash compensation for affected perennial trees at.the replacement cost plus cost for cutting trees. Allowances: Relocating allowance in cash equivalent to 30kg of rice per person per month in six months. Transportation allowance for relocating DP according to the GOV Decree No. y . / y g - I'?.z-cp dated Dec.3,2004. Rehabilitation assistance if DPs permanently losing business or more than 10%of their incomes. Permanent acquisition For DP losing Productive Consulation for DP;s options on land of land for tower occupied land land. compensation. foundations, substation and properties a. Land loss less than PMB and local authorities determine and ensure and access roads etc. associated 10%of their total that compensation will be at replacement cost at the with land landholdings. time of payment. permanently Cash compensation . Replacement land and resettlement sites impacted by for the lost area if the development. tower remaining plot is still DPs receiving compensation will demolish the foundations, economically viable. impacted areas and reconstructlor improve their substation and Cash compensation houses themselves. access roads for the whole · Full compensation for industrial trees and fixit trees etc. impacted plot if the to DPs at least 01 month before land clearance. If remaining plot is not DP is requested to cut the affected trees, PMB will economically viable. pay money for this work and DP has the right to Cash compensation use the salvageable trees. for properties Full compensation for impacted house and associated with land. allowances to DPs at least 05 months before land b. Land loss > 10% clearance. of thir total · No award of civil work contract before completion landholdings: of compensation and reorganizing houses or DP can opt for the relocation. followings: . · Payment to DPs will be delivered by PMB and (i) "Land for land" with CRCs. the same area and Financelland available for compensation1 / productive of . rehabilitation and well information disclose1 impacted area if the i disseminste remaining plots are PMB consult with DP who are eligible to still economic viable rehabilitation for their options and prepare proposal and for the whole for rehabilitation programs in the period of RP im impacted plots if the plementation. remaining plots are DPs will be granted with Land Use Right not economic-viable Certificate without payment of administratice fees. or (ii) Cash for land at the replacement cost. Cash compensation for affected perennial trees at the replacement cost plus cost for cutting. Rehabilitation assistance. For DP losing Residential and Garden land: If remaining land is sufficient for reorganizing (more than 60 m2 in the urban area and 100m2 in the rural area): Cash compensation for lost area and assets associated with land. If remaining land is 1 transition period. Rehahilitati~n assistance. -- Fermanent impacts on All DPs DPs with house Tenants who have rented PMB and local authorities will assist them in ranted houses impacted on lease contract. a house for residential identifying alternative accommodation. 1 their ranted purposes will be houses for provided with a cash residential grant of six months rental ~ pureposes. fee at the prevailing market rate in the area. Annex 4 Public consultations CONG HOA HOI CCHUNGH~AVIET NAM DQc l$p - Ty do -H ~ n hphuc B I ~ NBAN CUOC HOP Phbng chhng gnhh u h g clia c8ng trinh din m8i t r h g - ~6 hogch din bu di diin tai d/rhcrr phuc vu cBng tac l@pW- EMDP. 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DANH SACH CAC HO DAN THAM GIA HOP THAM VAN XA EIAI DQNG- HUYEN TIEN DU ST1' HO VA TEN OAl DONG D!A CHI Ky T6n 1 ;*rguy$nThi Chanh x6m 9 th8n giao xB Dai Dang [/?6w-L re- ........................................................ ..__ ................................................................................................................................................................... 2 Duong thi Ha x6m 5 thBn giao xii Dai Dang ' ............................................. _.,..__ .....__...._. ........................................................................................................................................................ 3 'Jan Dhc Long x6m 4 th6n gi6o xii Dai 136ng "-.L .................................................................................................................................................................................................................................... -......... 4 :\lguy&nth/ Diep xom Da x%Dai Dang .................................................................................................................................................................................................................................... &he ................ 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Annex 7 Housing categories (Vietnam construction standards) - - Annex 7- Housing Categories (Vietnam Construction Standards) - - Category t)f Quality of structures I-lousesand Using period Grade of Fire Level of Facilities Level of Surfaces Level of Power Structures Resistance Finishes and Water with bedroom, dinning With high grade With high grade More than 100 room, drawing room, finiswdecoration of power and Cat. I 1 or II kitchen and attached materials water supply and yrs. bathrooms in the same sanitation level-- the apartment of facilities -- .-- -- .-- with bedroom, dinning With a few finish/ With good room, drawing room, Decoration materials and water supply Cat. 2 50 - 100yrs. III kitchen and attached and sanitation bathrooms in the same facilities - level of the apartment - with bedroom, Average With power and- drawing room, water supply of kitchen in the same medium materials Cat. 3 20 -50 yrs. 1V level of the apartment shared bathroom which may be in other level with shared 1-2 Masonry electricity for rooms (s) light only shared kitchen and water supply Less than 20 Cat. 4 V bathroom to kitchen and yrs. shared bathroom low grade materials Temporary There is no official specification for 'temporary' structures/houses. However, it is understood that house1structures of this category are usually built with low grade wood, plank, bamboo, leaf, straw, soil floor, etc. or mixed with some low grade bricks and masonry and corrugated steel sheets for temporary housing. Source: Vietnam Construction Standards- Chapter 8 'Genreal Specification on Civil and Industrial Projects' Annex 8 Socio-economicsurvey form for APs Page 1 Phu luc Tien Du.xls ANNEX 8 :SOCIO- ECONOhllC SURVI