VIE: Power Transmission Investment Program, Tranche 2 500kV Pleiku-My Phuoc-Cau Bong Transmission Line (Ho Chi Minh City)

Transcription

1 Social Monitoring Report 3 rd Monitoring Report January 2015 VIE: Power Transmission Investment Program, Tranche 2 500kV Pleiku-My Phuoc-Cau Bong Transmission Line (Ho Chi Minh City) Prepared by the Central Vietnam Power Projects Management Board for the National Power Transmission Corporation and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 NATIONAL POWER TRANSMISSION CORPORATION CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD PLEIKU MY PHUOC CAU BONG 500 KV TRANSMISSION LINE PROJECT THIRD MONITORING REPORT INDEPENDENT MONITORING ON RESETTLEMENT IN HO CHI MINH CITY December

3 NATIONAL POWER TRANSMISSION CORPORATION CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD PLEIKU MY PHUOC CAU BONG 500 KV TRANSMISSION LINE PROJECT THIRD MONITORING REPORT INDEPENDENT MONITORING ON RESETTLEMENT IN HO CHI MINH CITY PROJECT OWNER Central Vietnam Power Projects Management Board IMPELEMENTATION Investment Consultancy and Technology Transfer Co., Ltd Deputy General Director LE CHI CUONG December

4 TABLE OF CONTENT I. GENERAL INTRODUCTION Overview of the project Independent monitoring of Resettlement Plan (RP) RP independent monitoring in brief Objectives of the independent monitoring Monitoring location Issues for monitoring and evaluating Sampling II. DOCUMENTS REVIEW Summary of Resettlement Plan (RP) Scope and scale of the Projectin Ho Chi Minh city (HCMC) Project impacts according to RP Legal basis for determining entitlements...15 III. FINDINGS OF THE THIRD MONITORING PHASE Implementation progress of the Project Construction progress Implementation progress of compensation, assistance and resettlement The implementation situation before the third monitoring Consultation, participation and information dissemination Consultation, participation and information dissermination Inventory of assets Result of the third monitoring phase Consultation, participation and information dissermination Inventory of assets Compensation payment Providing assistances Job changing assistances Assistances for agricultural lands in the ROWs Displaced households Severely affected households Vulnerable households Gender issues...30 INVESTCONSULT GROUP 3

5 3.10. Livelihood rehabilitation program Grievances and grievances redress Sittuation of grievances and redressing grievances Main complaint issues Process of redressing grievances and redressing solutions Cooperation of agencies...34 IV. CONCLUSION AND RECOMENDATION Conclusion Recomendation...36 ANNEX 1. LIST OF PROJECT S OFFICIALS APPROACHED ANNEX 2. LIST OF INTERVIEWED HOUSEHOLDS ANNEX 3. SAMPLE OF QUESTIONAIRES INVESTCONSULT GROUP 4

6 LIST OF TABLES Table 1: Technical features of 500 kv Pleiku My Phuoc Cau Bong Transmission Line Table 2: Impacts due to the ROW in Cu Chi district Table 3: Percentage of lands has using capacity restricted due to the ROW over the total lands area Table 4: Comparison between lands owned by AHs and area of permanently acquired lands Table 5: Ownership of AHs to types of lands Table 6: Number of households permanently acquired land for 500kV Pleiku My Phuoc Cau Bong transmission line project Table 7: Number of households affected by ROWs for 500kV Pleiku - My Phuoc - Cau Bong transmission line project Table 8: Trees affected by the 500kV Pleiku My Phuoc Cau Bong TL Table 9: Decisions issued to adjust the budget for compensation and assistance in Cu Chi Bảng 10: Number of AHs having compensation and assistance plans adjusted Table 11: Summary of compensation payment in Cu Chi up to the third monitoring phase Table 12: Summary of households received job changing assistance and the amount being paid Table 13: The assistance rate for lands affected by the ROWs in Cu Chi Table 14: Number of AHs received supports for relocating in Cu Chi Table 15: Severely affected households Table 16: Distribution of severely affected and vulnerable households INVESTCONSULT GROUP 5

7 ABBREVIATION ADB : Asian Development Bank AHs : Affected Households APs : Affected Persons CSCB : Compensation and Site Clearance Board CPMB : Central Vietnam Power Projects Management Board DONRE : Department of Natural Resources and Environment HCMC : Ho Chi Minh City HH : Household LURC : Land Use Right Certificate NPT : National Power Transmission Corporation PC : People Committee PECC4 : Power Engineering Consulting.Jsc No.4 REMDP : Resettlement and Ethnic Minority Development Plan ROWs : Right of Ways RP : Resettlement Plan SAH : Severely Affected Household SPS : Safeguard Policy Statement INVESTCONSULT GROUP 6

8 I. GENERAL INTRODUCTION 1.1. Overview of the project The Government of Vietnam has requested the Asian Development Bank (ADB) to provide a loan to construct 436,673 km long Pleiku My Phuoc Cau Bong 500kV transmission line that starts from Pleiku, goes through My Phuoc and finishes at Cau Bong in the South of Vietnam. The proponent and Executing Agency for the loan is the National Power Transmission Corporation (NPT). The Central Vietnam Power Projects Management Board (CPMB) is responsible for the operation of the power system in central Vietnam and will be the Executing Agency of the Project. NPT has identified the 500kV Pleiku My Phuoc -Cau Bong transmission line as a high priority project and one of several construction projects conducted in order to meet the target of connecting 90% of the population to electricity by 2020 and 100% by The proposed 500kV transmission line from Pleiku in the Central Highlands to Ho Chi Minh City will meet energy demand in the South of Vietnam which is growing at 14% per year and expected to balloon out to 25% by The construction of 500 kv Pleiku My Phuoc Cau Bong transmission line together with the expansion of Pleiku substation will be an enhanced and more reliable energy supply to the South of Vietnam, especially to industrial zones in the area.. The objectives of the project consist of two following points: - The 500kV Pleiku My Phuoc Cau Bong transmission line Project is a part of the National electricity transmission network which was developed to maintain the power supply that meet the demand of economic growth in the Southern area during Besides, the Project will ensure the connection of transmission network within Vietnam, Laos and Cambodia by The Project also helps to increase the reliability of power supply, reducing the risk of electricity losses. It will also optimize capacity of power plants in order to provide electricity continuously and safely to the sub-loading lines of the South in particular and the whole country in general Independent monitoring of Resettlement Plan (RP) RP independent monitoring in brief The Sponsor of the project pay significant attention to whether the implementation of RP has followed the approved plan; the RP has been completed or any lesson has to be learnt in order to develop other projects. In order to fulfill this requirement, it is needed to have feedback channels regarding the implementation of RP. Besides the internal monitoring reports on the implementation of RP conducted by the CPMB, the Sponsor requires an objective source of information that separate from the internal report. That is called Independent Monitoring and will be implemented by an external monitoring agency that is independent from the CPMB Objectives of the independent monitoring INVESTCONSULT GROUP 7

9 The main objective of the consultancy service is to ensure that the APs of the Pleiku My Phuoc Cau Bong 500kV transmission line Project will receive full supports and benefits as stated in RP as approved. The monitoring activities are conducted in order to: (i) (ii) (iii) (iv) Ensure the rehabilitation and improvement of APs livelihood; Supervise the whole Project to check if the current resettlement activities are aligning with the RP or not. Propose methods and solution if necessary; Assess if the rehabilitation and compensation methods are fully complied with the RP or not; Detect arising problems during the implementation of the Project and propose mitigation measures Monitoring location The selected locations for the third monitoring phase could be allocates into two categories: (1) administration agencies related to the Project and (2) at the project sites, in particular: (1) At the office of CPMB; Cu Chi district s CSCB and the PCs of four communes which are Phu Hoa Dong, Trung An, Tan Thanh Dong and Tan Phu Trung where the Project take place. (2) At the Project site: Interview affected households of the Project area, take photos of typical cases Issues for monitoring and evaluating During RP implementation, the Consultant conducted the monitoring and evaluation based on the following indicators: a. Monitoring of organizations, units implementing RP - Organizations and units implementing RP (name, number of staffs, job description of each organization, etc.). - Related agencies (local authorities, departments and unions, etc.). The cooperation mechanism within related agencies, responsibility of each agency, etc. b. Monitoring of compensation payment - Payment in full amount for the assets losses; compensation based on replacement cost; - Payment on time for all AHs (according to RP). c. Monitoring of the reconstruction of civil infrastructures - All basic infrastructure (water supply, drainage system, roads, etc.) need to be built in resettlement areas in a manner that is equal or better than the old ones d. Monitoring of the provision of resettlement places (if any) - Interview APs who is qualified to be resettled in the resettlement places to check if they were consulted on the location of the resettlement places, houses and lands. Supervise to check if the resettlement places are located in INVESTCONSULT GROUP 8

10 environmental sensitive areas such as forest area and flooded area or not; - Supervise the selection of resettlement areas, designs, infrastructures and location of lands (that allows APs to maintain/improve their living); - Supervise the drainage system (if any) and its operation; supervise the waste management activities including the method and process of waste disposal applied in resettlement areas; observe and test smell of waste, aesthetic issues, the gathering of rats, insects and other transmission vectors, etc. in the resettlement areas; - Check if APs have been receiving all their benefits on time; - Check if displaced households are consulted at least 03 months before replacement take place ; - And other issues stated in RP and other findings from reality observance. e. Satisfaction level monitoring - Assess the satisfactory level of the APs in terms of different aspects of RP which are monitored and taken note; and - Assess problems of grievance and compensation and time framework( time of settling complaints); - Propose measures for remained problems. g. Monitoring of information publicity and community consultation - Check if they were consulted or not on issues related to their rights such as compensation rate, policy of rights, location, designs and distribution of land in resettlement areas; - Involve in meeting of people organized by AMT or Provincial/District s Committee of Compensation to know more about current situation of the implementation of RP as well as newly arose problems to give suggestion on time; - Check information related to RP at local agencies and supervise the dissemination of information to APs. h. Result of the communication activities for the prevention of HIV/AIDS and human trafficking (such as the number of attendants, method, frequency of promotion activities, etc.) i. Living standard - During the implementation, assess and report on the trend of living standard recovery; - Research on basic level of living standard of APs before and after the resettlement to assess the improvement of APs living standard; - Predict the recovery of APs income and living standard; - The recovery of SAPs; - Assess the financial supports to APs as stated in RP; - Monitor the rehabilitation support to SAPs. INVESTCONSULT GROUP 9

11 Sampling According to the contract between CPMB and the Consultant, the sampling must be 10% of the AHs along the TL according to the compensation plan issued by competent authority, in which the sample of AHs for interviewing must satisfy: (1) All communes in the project area must be involved; (2) Interview 100% of severely affected households; (3) The interviewed AHs must include the ethnic minority and vulnerable households. In the two periodic monitoring phases so far, the Consultant has completed interviewing 10% of AHs which were selected for sampling. In the third monitoring phase, the Consultant surveyed 10 households which have compensation value adjusted from the original one. Those households include 5 families which have houses demolished and received resettlement assistances. List of households being interviewed is demonstrated in Annex 2. INVESTCONSULT GROUP 10

12 II. DOCUMENTS REVIEW 2.1. Summary of Resettlement Plan (RP) In order to ensure the improvement or at least maintain the living standard and income generation capacity of AHs as before the Project implementation, RP of the Project was prepared in Summary of RP contains the following points Scope and scale of the Project in Ho Chi Minh City (HCMC) The 500kV Pleiku My Phuoc Cau Bong transmission line (TL) in HCMC passes through the boundaries of 4 communes which are Phu Hoa Dong, Trung An, Tan Thanh Dong and Tan Phu Trung of Cu Chi district with the length of km and consists of 54 towers. The beginning point of the TL in Cu Chi fall between the positions of G81-G82 (Tower No ) nearby Ben Cat town of Binh Duong province. The TL ends at the 500kV of Cau Bong sub-station. Here are some technical features of the TL. Table 1: Technical features of 500 kv Pleiku My Phuoc Cau Bong Transmission Line Right of Way width Item Earth grounding width Voltage Number of circuits 2 Conductor Earth wire Optical repeater cable Suspension Towers (number) 44 Technical Data 16m from either side of the center line 60m from the 16 th meter from the center line 500 kv 4xACSR-330/43 OPGW-90 & PHLOX fiber lines - Height Average is 65m, the highest is 79m - Area requirement/tower m² Tension Towers (number) 10 - Height Average is 60m, the highest is 72m - Area requirement/tower m² INVESTCONSULT GROUP 11

13 Following is the route map of the Project: Figure 1: Map of 500kV Pleiku My Phuoc - Cau Bong transmission line in Cu Chi district Project impacts according to RP In Ho Chi Minh city, the Project goes through four communes of Cu Chi district including: Phu Hoa Dong commune, Trung An commune, Tan Thanh Dong commune and Tan Phu Trung commune, with a quite large number of AHs due to the construction of foundation bases and impact of the Right of Way (ROW). Summary of Project impacts on local households are as follows: Table 2: Impacts due to the ROW in Cu Chi district Commune No. of AHs Lands (m²) House Structural objects Trees Phu Hoa Dong 13 16, ,200 Trung An 40 19, Tan Thanh Dong 50 16, Tan Phu Trung 2 1, Total , ,542 Source: Resettlement Plan. INVESTCONSULT GROUP 12

14 Table 3: Percentage of lands has using capacity restricted due to the ROW over the total lands area Commune Paddy Agricultural Residential Garden Phu Hoa Dong Trung An Tan Thanh Dong Tan Phu Trung Scale of impact Source: Resettlement Plan Impacts caused by land acquisition for the construction of towers are presented in Table 4 and Table 5. Table 4: Comparison between lands owned by AHs and area of permanently acquired lands Commune No. of AHs Lands (m²) Total area Acquired % Phu Hoa Dong 12 77,509 2, Trung An ,500 7, Tan Thanh Dong ,395 8, Tan Phu Trung 2 6, Total ,979 19, Source: Resettlement Plan Table 5: Ownership of AHs to types of lands Types No. of AHs Lands (m²) Total area Acquired area % Paddy ,092 11, Agricultural 32 85,114 5, Residential 4 11,535 1, Garden 10 24,238 1, Total ,979 19, Source: Resettlement Plan INVESTCONSULT GROUP 13

15 Below are tables comparing the impacts at the time of third monitoring phase in December 2014 and those in the RP in Cu Chi district. Table 6: Number of households permanently acquired land for 500kV Pleiku My Phuoc Cau Bong transmission line project No. Content Total AHs 1 2 Number of AHs permanently land acquired Total area of permanently acquired land (Unit: m 2 ) according to RP Total AHs in reality (by the monitoring time) ,128 19, Source: Compensation and Site Clearance Board of Cu Chi district and CPMB From Table 6, there is an insignificant difference in the number AHs permanently acquired land and total area of the acquired land listed in RP compared with actual data at the time of the third monitoring period. Updated data provided by the compensation-site clearance committee in Cu Chi District showed that number of AHs in reality increased by 16% compared with the number in the RP and the acquired land in reality increased only 2.7%. However, there is a huge difference between number of AHs and affected land area by ROWs in reality and data in RP shows a huge difference. Table 7 shows comparison between the number of AHs and land area affected by ROWs and data collected in reality. Table 7: Number of households affected by ROWs for 500kV Pleiku - My Phuoc - Cau Bong transmission line project No. Content According to RP In reality (by the 1 2 Number of households affected by route corridor Total land area in ROWs (Unit: m 2 ) monitoring time) , ,351.4 Source: Compensation and Site Clearance Board of Cu Chi district and CPMB Accordingly, the number of AHs in reality increased 6.8 times and affected land area increased 17.9 times compared with data in the RP. After reviewing the RP data, there are irrational points in assess the impact of ROWs. Specifically, according to the data in the RP, the total length of lines in Cu Chi is km; prescribed ROWs width is 32m from the centerline. With such length and width of ROWs, the area affected by the ROWs as in RP is unreasonable. This leads to the result that number of affected households and properties is much lower in RP than in reality. This is shown in Table 8. INVESTCONSULT GROUP 14

16 Table 8: Trees affected by the 500kV Pleiku My Phuoc Cau Bong TL No. Types Amount in RP (trees/m 2 ) Total amount in reality (trees/m 2 ) 1 Industrial 342 2,581 2 Paddy and grass 1,200 2,785 Source: Compensation and Site Clearance Board of Cu Chi district and CPMB 2.2. Legal basis for determining entitlements The Resettlement Plan of the Project was compiled on the basis of Policy on Involuntarily Resettlement of ADB and other laws, regulation of Vietnamese Government, in particular: 2003 Law on Land, promulgated on November 26 th, 2003 by Vietnam s National Assembly. Government s Decree No.181/2004/ND-CP, dated October 29 th, 2004, Guiding the Implementation of the Amended 2003 Law on Land. Government s Decree No.84/2007/ND-CP, dated May 25 th, 2007, providing additional guidance on the grant of land use right certificates, land recovery, exercise of land use rights, order and procedures for compensation, assistance and resettlement when land is recovered by the State. Government s Decree 197/2004/ND-CP, dated December 3 rd, 2004, regulating compensation, assistance and resettlement when the State acquires the land. The Decree provides guidance on implementation of land compensation, assets compensation, support and resettlement policy related to land acquisition. Government s Decree 188/2004/ND-CP, dated November 16 th, 2004, on methods to identify land price and land price frame for different types of land. Government s Decree 123/2007/ND-CP, amending and supplementing some articles of Decree 188/2004/ND-CP. Government s Decree 69/2009/ND-CP, dated August 13 th, 2009, additionally providing for land use planning, land acquisition, compensation, assistance and resettlement in case of land acquisition, regulating the land price, land allocation and lease, and additional requirements related to land use rights. Government s Decree 106/2005/ND-CP dated August 17 th, 2005, regulating the protection and safety corridor of high-voltage power grid works. Some articles of this decree was amended and supplemented by Decree 81/2009/ND- CP dated October 12 th, Government s Decision 52/2012/QD-TTg dated November 16 th, 2012 on employment and vocational training support policies for laborers subject to agricultural land recovery. INVESTCONSULT GROUP 15

17 Circular 144/2004/TT-BTC, dated November 26 th, 2004, of the Ministry of Finance providing guidelines on the implementation of Government s Decree 188 on land price evaluation. Circular No. 14/2009/TT-BTNMT dated October 1 st, 2009 of the Ministry of Natural Resources and Environment, detailing the compensation, assistance and resettlement and order of and procedures for land recovery, allocation and lease. INVESTCONSULT GROUP 16

18 III. FINDINGS OF THE THIRD MONITORING PHASE 3.1. Implementation progress of the Project Construction progress The construction of the 500kV Pleiku My Phuoc Cau Bong transmission line in Cu Chi has been done by the contractor of Power Construction and Installation Onemember Limited Company No.2. The construction consists of rebuilding, upgrading the existing 500kV transmission line and building the Cau Bong 500kV substation. Up to May of 2014, the construction of towers and the wiring has been completed over the entire route and the transmission company has conducted the shock discharge test. In October of 2014, the first phase of 500kV Cau Bong substation has been completed to realize the role of the 500kV Pleiku My Phuoc Cau Bong transmission line Implementation progress of compensation, assistance and resettlement Since the compensation, assistance and resettlement activities for AHs were implemented concurrently with the construction, therefore by the time when the construction finished, the compensation in Cu Chi district was also completed basically. By the third monitoring phase in December of 2014, the remaining activities of the compensation, assistance and resettlement for the Project in Cu Chi includes the following tasks: a) Adjusting the budget and the plan of compensation, assistance for AHs The adjustment includes correcting the amount of compensation and correcting the name of affected persons. By the third monitoring, the People Committee (PC) of Cu Chi district has approved 04 decisions for adjusting the budget for compensation and assistance of the households affected by the Right of Way (ROW). The content of decisions, the adjusted amount of compensation and the gap between it and the initial plan is shown in Table 9. Table 9: Decisions issued to adjust the budget for compensation and assistance in Cu Chi No. Number of decision Content Amount (VND) Gap /QD- UBND Adjustment of 1 st phase budget for compensation, assistance and resettlement in the ROW 60,551,246, ,993, /QD- UBND Adjustment of 2 nd phase budget for compensation, assistance and resettlement in the ROW 26,840,582,514-6,817, /QD- Adjustment of 3 rd phase 27,833,650,250 1,114,640,320 INVESTCONSULT GROUP 17

19 No. Number of decision UBND budget for compensation, assistance and resettlement in the ROW Content Amount (VND) Gap /QD- UBND Adjustment of 4 th phase budget for compensation, assistance and resettlement in the ROW 17,915,070, ,281,360 Total 133,140,549, ,110,200 Source: Compensation and Site Clearance Board of Cu Chi district The number of AHs having their compensation and assistance plans adjusted is demonstrated in Table 10. Bảng 10: Number of AHs having compensation and assistance plans adjusted No. Decision No. Number of households having compensation value corrected Number of households corrected names Number of households splinted their household /QD-UBND /QD-UBND /QD-UBND /QD-UBND Total Source: Compensation and Site Clearance Board of Cu Chi district From Table 9 and Table 10 we can see that though number of households having their compensation plan adjusted is high, accounts for 9.46% of the AHs in Cu Chi, the gap in compensation value after and before adjustment is not significant, which is just 0.43%. Therefore, the impact caused by adjustment is not big. INVESTCONSULT GROUP 18

20 The reason behind the adjustment is the purpose of boosting the implementation progress of the Project that the payment to AHs was made before the affected area according to the design of the Project Owner was appraise by the Natural Resource and Environment Office of Cu Chi district. After the appraisal was conducted, the amount of affected assets has either increased or decreased in comparison to the initial inventory. Accordingly, the value of compensation for AHs has changed from the first plan while at the same time, the compensation payment has been done. The District s Natural Resource and Environment Office has cooperated with the Compensation and Site Clearance Board (CSCB) to amend and supplement the compensation plans for households. Besides, the affected lands, which have been transferred to new owners, also have the compensation plans adjusted in order to align with names of the actual owners. b) Adjusting the cadastral dossiers and Land Use Right Certificate The households having lands affected by the Project includes those whose lands are permanently acquired for the construction of towers and those whose lands are restricted in using capacity due to the ROW. The volatility of these household lands due to acquisition or restricted using capacity leads to the need for adjusting cadastral dossiers and Land Use Right Certificate (LURC) of the lands. In Cu Chi, during the payment of compensation for AHs, the CSCB has acquired their LURC. Afterward, the District s Natural Resource and Environment Office conducted the measurement of affected lands and re-issued the cadastral dossiers for AHs. The AHs were not charged for the adjustment. In the third phase of monitoring, this activity still continues to occur The implementation situation before the third monitoring Consultation, participation and information dissemination Consultation, participation and information dissemination According to the requirements mentioned in RP, the consultation, the participation of households and the information dissemination must be conducted throughout the Project from the preparation stage, the implementation stage to the stage after Project completion. These activities include information disclosure meetings, posting Projects documents, organizing community consultation meetings during steps of the compensation and resettlement process such as: inventory of losses, arranging resettlement, adjusting the scope of the ROW and collecting feedbacks of related parties after the Project completion. During the first and second periodic monitoring in Cu Chi district, the Consultant recognized the following methods of information dissemination that have been executed: - Posting RP at the headquarter of PCs of communes; - Posting the land acquisition policy at PCs of communes; - Organizing meetings at PCs of communes to publicize the scale of the project, the compensation rate and rehabilitation measures; - Publicly posting the detailed compensation plans at PCs of communes in order to collection comments of households before approving the compensation payment plans; - Publicize the decisions approving detailed compensation plans; INVESTCONSULT GROUP 19

21 - Disseminating information about the Project on communes loudspeakers. Therefore, the methods of information dissemination of the Project have been sufficiently implemented and ensured that the AHs have received complete information and policies of the Projects. The interview results of these two monitoring phase have proved that the AHs recognized and appreciated the information dissemination of the Project Inventory of assets After publicizing the Project s information and announcing the inventory of affected assets to AHs, Cu Chi CSCB organized the inventory of losses for households. According to the result of the first and second monitoring phase, the Consultant confirmed that this activity have been implemented thoroughly in Cu Chi district. The households being interviewed in these phases confirmed that the inventory had the participation and supervision of households representatives. The AHs have kept the minutes compiling compensation value in which stated the amount and volume of assets affected by the Project Application of price After the inventory and legal verification, Cu Chi CSCB has conducted the price application and prepared the draft of detailed compensation plan for posting publicly at PCs of communes in order to gather feedbacks from households. After the public posting of 20 days, the CSCB organized meetings to respond the questions as well as recognized the grievances from households for the purpose of completing plans that submitted to the PC of district. The approved compensation plans were shown to AHs for them to feedback before the payment. Some comments of the Consultant on the compensation rate are: - For houses and structural objects: the compensation rate is the value for rebuilding the houses/structural objects with the similar structures without discounting for materials that can be reused. The compensation rate for houses and structural objects was applied based on the Decision No.35/2010/QD-UBND dated 28 May, 2010 of the PC of Ho Chi Minh city providing regulation about compensation and assistance policy when the State recover lands as well as compensation and assistances for houses, structural objects, trees, crops, etc. - For lands: a compensation rate provided exclusively for the 500kV Pleiku My Phuoc Cau Bong transmission line was issued by the PC of Ho Chi Minh city together with the Dispatch No. 4772/UBND-DTMT dated September 17, Within the Project s scope in Cu Chi district, lands are the most valuable assets of households. The compensation at market s price have reached the high level of consensus from households. INVESTCONSULT GROUP 20

22 In the two previous monitoring phases, in order to evaluate whether the compensation rate complied with RP or not, the Consultant has (i) checked and compared the applied compensation rate with the rate provided in RP; and (ii) assess the satisfaction of affected households about the compensation rate. The interview result of households in the first and second phases has shown a high consensus level from households for the higher compensation rate in comparison with the one in RP Result of the third monitoring phase Consultation, participation and information dissemination At the time of the third monitoring phase, the construction in Cu Chi district has been finished and the compensation, assistances and resettlement activities are coming to the completion stage. The community consultation during this stage has been implemented with the households having complaints and grievances. Accordingly, the representatives of AMT and Cu Chi CSCB have organized meetings in order to listen to feedbacks and respond to questions of households with complaints and grievances. In Cu Chi, the method for redressing grievances by direct meetings was given the priority in order to achieve the high level of consensus among households with complaints. The details of complaints settlement are presented in Part Grievances and grievances redress. During interviewing 5 AHs having houses demolished and at the same time having grievances, the Consultant recognized that the consultation has been conducted by Cu Chi CSCB during the grievances redress. The meetings have involved the participation of households owners, heads of the villages, representatives of communes authorities, District s CSCB and AMT. These households have accepted the compensation plans and received the payments for arranging resettlement themselves. Findings/comments and evaluation: Upsides: The dissemination of information and communication are in compliance with RP. The common forms of dissemination of information are notice on loudspeakers in villages and communes and has publicly posting the compensation plan at the CPC for the AHs to understand. Existences and limitations: Though the communes, LFDC and AMT have properly and fully organized the project introduction meeting as well as presented the rights and obligations of people affected by the project but because the qualifications of people are limited so they do not fully understand their benefits and obligations. Besides, the methods of dissemination must be taken notice so that people could understand fully the information of the project and avoid questions Inventory of assets Due to the adjustment in the affected area caused by the TL from the original design, the amount and characteristics of affected assets hold by the AHs have changed in comparison to the initial inventory. There is a number of 69 households have the amount of affected assets changed including those who had volume of assets adjusted after the appraisal of affected area, those who have lands being recategorized and those who have trees being determined again on their ages, etc. INVESTCONSULT GROUP 21

23 For these cases, the CSCB of Cu Chi district has redone the inventory of assets and adjusted the compensation and assistances value paid for these households. The result of interviewing 10 households in the third monitoring phase has shown a fact that all the households have participated in the retake of the inventory. The inventory has been conducted thoroughly and none of the cases have been inventoried insufficiently. At the same time, the details of inventories h have been recorded in inventory minutes, in which the increasing or decreasing amount of assets has been stated. These minutes have the confirmation of AHs, representatives of CSCB and local authorities. The AHs keeps the minutes compiling compensation value in which stated the amount and volume of assets affected by the Project. Findings/comments and evaluation: Upsides: (i) The records show that 100% of the households participating in the DMS. Moreover all households had signed the minutes of inventory; (ii) The number of lack in inventory is insignificant (iii) Low rates of complained households on total households received compensation also shows that the amount of lacked inventory assets is negligible; (iv) detailed compensation plans show clearly the support terms that the households could receive. Existences and limitations: Because the educational level of people is limited, even if they participated in the measurement and inventory and signed the minutes of inventory, received compensation but still concerns about the lack of measurement in area and structures. Even the detailed compensation plan pointed out clearly the categories of compensation they received items but when interviewed they still insisted that they did not receive such grants Application of price After the second monitoring, the compensation rate of the Project applied in Cu Chi has neither changed nor adjusted. In general, most of AHs have agreed with applied rate and accepted the payment. However, in some cases, Cu Chi CSCB has conducted adjustments in the rate in order to ensure the rehabilitation for these households. In particular, for the cases of 5 households having houses entirely cleared as they located under the ROW of the TL, as these 5 households built their houses on agricultural lands, thus they can only receive assistances equal to 80% of the agricultural lands in the area, according to the policy. After receiving grievances from these households, District s CSCB has proposed to PC of the city to compensate for them in the value that equal to 100% of the price of residential lands in the area. Accordingly, the PC of Ho Chi Minh city has accepted the proposal and currently the households has received the remaining compensation value that come from the difference between price rate of residential and agricultural lands. The interview result of the third monitoring phase has shown that, all of the 5 households have agreed with the adjusted plan from PC of the city. Accordingly, the households told that the compensation for lands and houses is enough for them to arrange the resettlements and build new houses. Findings/comments and evaluation: Upsides: People are able to comment before the detailed compensation plan is approved INVESTCONSULT GROUP 22

24 Existences and limitations: People are not compensated equally to replacement price, but the unit price in Ho Chi Minh City is close to replacement price Compensation payment As the compensation payments were made along with the construction progress of the Project, by the second monitoring phase, when the construction was basically completed, the payments were made to almost all AHs. The summary of the payments of compensation up to the third monitoring phase is demonstrated in Table 11. Table 11: Summary of compensation payment in Cu Chi up to the third monitoring phase Paid Unpaid No. Items No. of HHs received Paid amount (VND) No. of HHs having money kept in banks Lands with unknown owners Unpaid amount (VND) 1 Towers ,718,952, ROWs ,140,549, Total ,859,501, ,700,250,435 Source: Compensation and Site Clearance Board of Cu Chi district Within those households which have not received the compensation, none of them have the disagreement on price. Those cases which are unpaid fell within: (i) 17 households which lost their Land Use Right Certificate (LURC), households which sold their lands to other people, households having lands in dispute or are mortgaged for banks capital; and (ii) 35 lands which have not found their owners. These lands belong to families in other areas that came to Cu Chi to buy lands and cannot be contacted during the Project s implementation. The unpaid amount of 17 households was kept in the banks and the households might withdraw the original amount and its interest whenever they completed the procedure and documentation for receiving money. Besides, the amount of compensation for 35 lands having owners unknown was kept in the local treasury Providing assistances As it has been mentioned in the first and second monitoring phases, the assistance program for livelihood rehabilitation of the Project in Cu Chi district, Ho Chi Minh City was applied in accordance to Decision No. 35/2010/QD-UBND dated 28 May, 2010 of the PC of Ho Chi Minh city. Based on that decision, the PC of Cu Chi has provided assistance policies for the Project. In the third monitoring phase, the Consultant has reviewed the assistance policies applied in Cu Chi as well as collected comments from AHs about the assistances. By the present, the assistance policies in Cu Chi include: INVESTCONSULT GROUP 23

25 Job changing assistances In fact, the AHs in Cu Chi district having agricultural lands acquired have been supported for changing job in a rate equal to 2.4 times the price of agricultural land. This assistance was provided based on the Dispatch No. 4772/UBND-DTMT of the PC of Ho Chi Minh city dated 17 September At the time of the third monitoring, the provision of this assistance to the households having agricultural lands has been completed. The summary of households received job changing assistance and the amount being paid is demonstrated in the Table 12. Table 12: Summary of households received job changing assistance and the amount being paid No. Communes No. of AHs Paid amount (VND) 1 Phu Hoa Dong 5 365,113,680 2 Tan Thanh Dong 8 300,830,400 3 Tan Phu Trung Trung An 21 1,386,278,400 Total Source: Compensation and Site Clearance Board of Cu Chi district In 110 households in Cu Chi district that have their land acquired permanently for the construction of towers, there are 34 households received the assistances for changing their job. These are households which directly involved in agricultural activities and had their income relied completely on this source. The remaining households, of which lands are also acquired, only owned small pieces of land located in the residential areas or their acquired lands are just ponds or gardens. As agriculture is not their main source of income, the land acquisition did not affect much the livelihood of the family Assistances for agricultural lands in the ROWs Within the scope of 500kV Pleiku My Phuoc Cau Bong transmission line Project in Cu Chi, besides the construction of new 500kV TL, the Project also includes items of upgrading, renovating the old 500kV and 110kV TLs in the area. The upgraded 500kV TLs within the Project s scope are the 500kv Pleiku Phu Lam TL. For the households having agricultural lands affected by the ROWs of the 500kV Pleiku My Phuoc Cau Bong TL Project, the authority of Ho Chi Minh City has applied the two following assistance policy: Table 13: The assistance rate for lands affected by the ROWs in Cu Chi Construction items Assistance rate Reference Renovating the 500kv Pleiku Phu Lam TL 70% of compensation rate for agricultural lands of the same position - Announcement No. 620/TB-VP dated 26 August, 2013 of the INVESTCONSULT GROUP 24

26 Construction items Assistance rate Reference provided by Dispatch No. 4772/UBND DTMT Office of HCMC s PC. - Dispatch No. 6250/UBND-BTGPMB dated 21 August, 2013 of Cu Chi s PC. New construction and upgrade the 500kV North South TL, the 110kV Tan Dinh Phu Hoa Dong Cu Chi 80% of compensation rate for agricultural lands of the same position provided by Dispatch No. 4772/UBND DTMT Dispatch No. 4058/UBND-DTMT dated 14 August, 2012 of HCMC s PC The assistance rate for households located under the ROWs of the old 500kV Pleiku Phu Lam is set at 70% as they have received the compensation for the affected land during the construction of the TL in However, at that time, the cooperation of relevant parties in implementing the project was not in harmony, thus the LURCs of households were not acquired. Therefore, the households continued to live and cultivate on the acquired lands. According to provided policies, those households would not be able to receive any compensations or assistances as their lands have been acquired since However, in order to minimize the impacts on livelihood of households, the PC of HCMC has accepted the assistance rate of 70% the compensation rate for agricultural lands of the same position provided by Dispatch No. 4772/UBND DTMT. Besides, Cu Chi district also applied the temporary residential assistances, allowances for resettlement for households which have houses relocated due to the impacts of the ROWs under the 500kV Pleiku My Phuoc Cau Bong. Details of these assistances were mentioned in Part 3.7. INVESTCONSULT GROUP 25

27 3.7. Displaced households According to result of the first and second monitoring phases, the whole Project has 07 AHs have structural objects affected, in which 6 households have houses affected and another have lost other structural objects. Besides the household of Ms. Nguyen Thi Xiem, in Group 5, An Binh village, Trung An commune has temporary house and pigsty affected and Ms. Le Thi Thuy Dung has a house in the area of 42m 2 in Cho village, Trung An commune, Cu Chi district affected but has house in another area, the remaining 5 AHs were supported in resettlement. These assistances include: - Support for temporary migration cost VND 3,000,000/household/month in six months for households with four persons or less, including households of Mr. Nguyen Van Phuoc, Mr. Duong Quoc Khanh and Mrs. Nguyen Thi Ro. - Support for temporary migration cost 750,000VND/person/month in six months for households with five persons or more, including households of Mrs. Ho Thi Huyen and Mrs. Ho Thi Kim Oanh. - Compensation and support the land area affected by unit land (of the households in the fact that agricultural land). In the third monitoring phase, the five households having houses relocated have received the allowances and arranged resettlement near to the old location. According to the result of interviewing these households in the third monitoring phase, all the households have received sufficiently the amount of allowances as mentioned in the most updated budget. Details of households and total amount of compensation, assistances paid are mentioned in Table 14. Table 14: Number of AHs received supports for relocating in Cu Chi No. Name Address Value of compensation, assistances received (VND) 1 Ho Thi Huyen Bon Phu village, Trung An commune 2 Duong Quoc Khanh Bon Phu village, Trung An commune 3 Nguyen Thi Ro Bon Phu village, Trung An commune 4 Nguyen Van Phuoc Bon Phu village, Trung An commune 5 Ho Thi Kim Oanh Bon Phu village, Trung An commune 508,860,800 1,343,250,920 2,092,845, ,023, ,420,760 Total 4,791,401,760 Source: Compensation and Site Clearance Board of Cu Chi district INVESTCONSULT GROUP 26

28 3.7. Severely affected households In the third monitoring and after the compensation and assistance budget was adjusted, the amount of compensation and assistances that households received also changed from the original number in the second monitoring report. In this monitoring phase, the Consultant recognized that the AHs, which have the value of compensation raised, have received fully the amount rising as stated in the adjusted budget. List of severely affected households and the updated compensation value is stated in Table 15. Table 15: Severely affected households No. Name Address Types of impacts Compensation received (VND) 1 Duong Quoc Khanh 2 Nguyen Van Phuoc 3 Nguyen Thi Ro 4 Ho Thi Huyen 5 Le Thi Thuy Dung 6 Ho Thi Kim Oanh 7 Luong Van Thenh 8 Doan Van Cong An Binh Village, Trung An commune, Cu Chi Group 2, Bon Phu Village, Trung An Commune, Cu Chi An Binh Village, Trung An Commune, Cu Chi Bon Phu Village, Trung An Commune, Cu Chi 493/79/7N Highway 8, Commune 13, District 10, HCM City Group 9, Bon Phu Village, Trung An Commune, Cu Chi Group 10, Village 6A, Tan Thanh Dong Commune, Cu Chi. Group 3, Village 7A, Tan Thanh Dong Commune, Cu Chi. House structures acquisition House structures acquisition House structures acquisition House structures acquisition House and and and and and 1,343,250, ,023,640 2,092,845, ,860,800 structures acquisition 1,135,109,360 House structures acquisition and 10% of agricultural land affected 10% of agricultural land affected 468,420, ,955, ,832,960 INVESTCONSULT GROUP 27

29 No. Name Address Types of impacts Compensation received (VND) Total 7,562,299,920 INVESTCONSULT GROUP 28

30 3.8. Vulnerable households RP of the Project in HCMC mentioned 6 groups of vulnerable households which were: (i) households with many dependent demographic of female-headed households, (ii) disabled headed households, (iii) households with incomes below the poverty level, (iv) households have elderly people and children that do not have land and other forms of livelihood, (v) households do not have land, and (vi) households are ethnic minorities. Distribution of vulnerable groups according to the RP as below Table 16: Distribution of severely affected and vulnerable households No. District/Commune SAHs Difficulty Poor HH HH Number of AHs Vulnerable people Femaleheaded HH Elderly people HH Disable Policy HH HH Ethnic minority 1 Tan Thanh Dong Phu Hoa Dong Tan Phu Trung Trung An Total For poor families, families under preferential treatment policy, the CSCB applies support in addition to support for land acquisition. Average support levels from 1 million to 5 million for poor households and other policy households depend on each type of household. These supports have complied with the provisions of RP about support for vulnerable households. In addition, vulnerable households receive more attention from project staff in the information dissemination process, especially for the elderly, single women. Severely affected households whose homes were moved receive temporary migration support as outlined in section 3.7. With the female-headed households, consultant unit have conducted interviews with a random number of households. The result shows that the female-headed AHs are treated equally and involved in the consultation and information dissemination process of the project. After receiving compensation for properties damage, the living conditions of vulnerable groups are not lower than those affected by the project. Households have used the compensation to invest in repairing, renovating houses and deposit in the bank. INVESTCONSULT GROUP 29

31 3.9. Gender issues The Project has no discrimination in impacts between female or male households head headed households are female or male, land acquisition and land use restrictions are the same. During Project implementation, AMT comply with ADB's Policy on Gender and Development (1998) as a key strategy to promote fair. As a project policy in resettlement and development of ethnic minorities framework, the assets of the female-headed affected households will be assessed like male-headed households, i.e. compensation is based on replacement cost, before the Project, and will receive the benefits and proper support. In the first and second monitoring phases, about the gender issues, through interviews with female-headed households, the consultant noted that 100% of these households were receiving adequate compensation, support and with no discrimination with male-headed households. At the communes where the monitoring team worked, local officials said the consulting and disclosing activities had the full participation of representatives of Women Organization and the concerned mass organizations to ensure full benefits to all sectors of the population. In addition, representatives of Women Organization in Cu Chi District also involved in the composition of the board of Compensation, Assistance and Resettlement Council of the Project at Cu Chi. In addition to the above activities, the women in the commune also participated in the activities such as: female household headers as well as all women in the commune are provided the interests of medical care and counseling on reproductive health, and participate in the process of poverty reduction loans. Besides, children from poor households are exempt from tuition fees, support health insurance costs and other support in accordance with regulations. Women and elder people who are not able to change career, request loans support for dairy farming and support in job training for children to do and working in the local industrial park Livelihood rehabilitation program Initial recognition of income restoration support for AHs have shown that in addition to the application of stable life support under Article 20 of Decree 69/2009/ND-CP, the programs supporting livelihood recovery of the Project in Cu Chi District, Ho Chi Minh City are implemented base on Decision No. 35/2010/QD-UBND dated 28/05/2010 of People's Committee of Ho Chi Minh City. In reality, AHs in Cu Chi district which have acquired agricultural land will be supported for occupational change by 2.4 times as price of agricultural land. The supports are based on Dispatch No. 4772/UBND-ĐTMT of PC of Ho Chi Minh City dated 17/09/2012. INVESTCONSULT GROUP 30

32 Besides, according to Dispatch No. 4058/UBND-ĐTMT dated 14/08/2012 of PC of Ho Chi Minh City, AHs which have impacted land under route corridor of transmission line will be supported by 80% the price of agricultural land in correspondent location that regulated in the Dispatch No. 4772/UBND ĐTMT. The households located under the ROWs of renovation works for 500kV Pleiku Phu Lam TL have received assistances equal to 70% the compensation for agricultural land at the same position Grievances and grievances redress Situation of grievances and redressing grievances By the third monitoring phase, there are 67 grievances of AHs in the 500kV Pleiku My Phuoc Cau Bong Project. In those grievances, 17 cases have been solved and grievances were closed. Other 30 cases are during the settlement and negotiation between the CSCB and AHs. For those 30 cases, the CSCB of Cu Chi district has agreed on the solutions with the AHs and waits for the decision of District s PC. Besides, there are 20 other cases are waiting for the schedule of negotiation between relevant parties. However, all AHs in Cu Chi has agreed to receive the compensation and allowed the construction to be conducted Main complaint issues Summarizing complaint letters in Cu Chi throughout the three periodic monitoring phases, the Consultant has recognized main complaint issues in the District as follows: Request for prevention of compensation due to lands dispute: During a long period of time, the land transactions of households in Cu Chi were only conducted by writing hand on agreements. These households did not register the new LURC at the District s registration office. During the project implementation, the Project Owner and local authority were preparing the compensation procedure for the old owners of the lands with the area of lands as before the transactions occurred. Therefore, the AHs which are actual owners of the lands have had complaints to request for prevention of compensation. During the third monitoring, there are 32 complaints. Complaints of households having lands located between the 500kV North South TL and the 500kV Pleiku Phu Lam TL: In Cu Chi district, the Project conducted the upgrade of the old two TLs which are the 500kV North South TL and the 500kV Pleiku Phu Lam TL to form the 500kV Pleiku My Phuoc Cau Bong TL which consists of two parallel lines. As a consequence, there are 102 AHs having lands located between the two lines and being affected by the upgrades of the TL. Some of these households have had grievances requesting for acquisition of the 10m-wide pieces of lands between the two lines as these remaining area are two small for agricultural cultivation. During the third monitoring, there are 12 complaints. INVESTCONSULT GROUP 31

33 Complaints about price: similar to any other area, the complaints about price are the critical issues of the grievances in Cu Chi district. Most of those complaints focus on the assistance rate for affected lands in the ROWs that the households do not agree with the rate of 80% and 70% the agricultural land price. During the third monitoring, there are 20 complaints/grievances. INVESTCONSULT GROUP 32

34 Process of redressing grievances and redressing solutions a) The redressing process in Cu Chi According to RP, as well as other regulations provided by the Law of Vietnam, the grievances and redressing grievances must be conducted respectively from commune level to district level and finally, the provincial level. Each level of authority would have 15 days to answer the complaints of AHs. However, the AHs usually submitted their complaints to the PC of district and the CSCB, which took the charge of compensation and resettlement. For the complaints related to lands dispute and compensation prevention, Cu Chi CSCB would directly involve in the settlement and reconcile between households. For the other cases, the acceptance and settlement would be taken charge by the Inspector Bureau of Cu Chi district. The complaint settlement in Cu Chi was organized in a way that gives the priority to consultation and negotiation with AHs. Accordingly, all households having complaints in Cu Chi would be consulted and had negotiation before the local authority had the settlement decisions. Those AHs that did not agree with the solutions would have the right to lodge complaints to the PC of HCMC. b) Solutions for redressing main complaint issues Complaints about compensation prevention due to lands disputes: For the complaints related to compensation prevention, CSCB of Cu Chi district has organized meetings with relevant parties and reconciled disputes. Besides, representatives of CSCB together with cadastral officials of communes have conducted measurements and verified documentation in necessary cases to ensure the entitlement of parties. Until now, there are none of disputes or complaints remained unsolved and all AHs have received compensations. Complaints of households having lands located between the 500kV North South TL and the 500kV Pleiku Phu Lam TL: For those cases, most of the households have requested for the acquisition of their remaining area which are 10m in width located between the two TLs. However, as these households have had complaints they misunderstood the policy in which their lands would not be acquired as a result of locating under the ROW. They have assumed that the implementation of the Project would make them lost their lands. Though the lands would be restricted in term of using capacity, the AHs still hold the right of land use to continue their cultivation and production. About these households, the District s CSCB together with the representatives of Project Owner has organized meetings for explaining to households. Until now, all AHs have agreed to receive the compensation. Complaints about price: In the complaints about price, most households did not agree with the assistance rates of 80% and 70% the agricultural land price of the affected areas. At the same time, some households have had the question about the gap of 10% between the 70% rate for the 500kV Pleiku Phu Lam TL and the 80% rate of the old 500kV North South TL. Similar to the cases mentioned above, some households did not clearly understand that lands under the ROW would not be acquired. Therefore, when they received 70% and 80% of the land price, they have had complained and asked to be compensated with 100% of the value. Currently, though all households have received sufficiently the compensation, the complaints still continue. The settlement of complaints is still conducted by District s CSCB. Below is the grievance settlement situation in Ho Chi Minh City INVESTCONSULT GROUP 33

35 Table 17: Grievances and grievance settlement No. Grievance Number Solution 1 Land dispute 32 Lack in inventory of 2 assets 3 Solved 3 Compensation rates 20 Request on acquisition of remaining area lying between the 500kV North South lines and 500kV 4 Pleiku Phu Lam lines 12 Total The Compensation Committee has not paid compensation because there is dispute in the AHs family or between land buyer and seller. After the dispute is resolved, the households will receive money The Compensation Committee have explained to AHs about the compensation rates and AHs have agreed to receive money Because the land does not lie in the project are so that the remaining area cannot be acquired, explained to households. Solved. 67 Solved Cooperation of agencies PC of city and CPMB: at the preparation period for construction, CPMB under guidance of city s PC has combined with relevant branches and agencies to prepare the Project s location, route direction, project scale as well as request for principle on compensation on the Project area. City s PC has directly conducted the meeting to instruct relevant parties to support CPMB at their best, in site clearance, construction activities, to complete the Project s implementation in the earliest time. District s PC/ CSCB: PC of Cu Chi district has directed the District s CSCB to ensure the progress of site clearance for the construction unit. District s CSCB has closely coordinated with CPMB in conducting information dissemination, asset inventory, compensation plan establishment and payment for households, receiving and settling complaints and questions. Until now, those works are conveniently implemented. CPMB: appoints officials to regularly monitor the Project s implementation, combining with local authorities to timely detect difficulties and report to the higher level for settlement. So that all raising matters during the Project s implementation can be settled in time to ensure project s progress. Communal PC: consulting AHs, appointing officials to participate in the inventory of land and asset in the affected land, identifying the legality of affected assets; supporting Board of compensation and site clearance of district to publicly post the compensation plan and payment for households. A special element contributing to the rapid settlement of complaints of AHs is that communal PC is the office directly receiving complaints and questions of AHs. If possible, the communal PC shall INVESTCONSULT GROUP 34

36 directly explain to households, or they can transfer the complaints to higher level for settlement as regulated by law. Construction contractor: cooperate closely with the Project Owner and PC of commune during the construction. Before the construction of a foundation or wiring, the contractors always announce and ask for permission for PC of commune. Therefore, the construction always receives the support from PCs and AHs. Due to the close combination during the Project s implementation, progress of site clearance and compensation has been accelerated. INVESTCONSULT GROUP 35

37 IV. CONCLUSION AND RECOMENDATION 4.1. Conclusion By the time of the third monitoring phase, the construction of the 500kV Pleiku My Phuoc Cau Bong TL in Cu Chi district has been completed. At the same time, the compensation and assistances for AHs has been generally completed and came to the last stages. In general, the compensation and assistances of the Project in Cu Chi district has satisfied the requirements mentioned in RP and has played an important role in making the construction completed on Schedule. Besides, in this monitoring phase, the Consultant has recognized the following issues: - In order to boost the implementation progress of the Project, the payment to AHs was made before the affected area according to the design of the Project Owner was appraise by competent authority. After the appraisal was conducted, the amount of affected assets has either increased or decreased in comparison to the initial inventory. Accordingly, the value of compensation for AHs has changed from the first plan while at the same time, the compensation payment has been done. To address this problem, the CSCB of Cu Chi district has conducted the verification of actual impacts to AHs and decided to adjust the budget for compensation and assistances. By the time of the third monitoring phase, the additional payment has been made to those households of which the paid compensation values are insufficient. For the households, which the paid amount exceeded the actual value of the losses, the CSCB and AMT have not had the solution Recommendation By researching the outstanding issues of the Project in Cu Chi, the Consultant have the following recommendation in order to ensure the rights of AHs as well as to improve the quality of projects that have similar conditions in the future: - The timely progress of the construction must be conducted along with the measures to ensure that the steps and requirements of the compensation, assistances and resettlement are complied. During this process, it is necessary to maintain the accuracy of inventory in order to ensure the entitlement of AHs. In case of the 500kV Pleiku My Phuoc Cau Bong transmission line in Cu Chi, in the upcoming period, the CSCB of district should cooperate with AMT to discuss with the households which received more than the actual compensation value to find a possible solution. - To the outstanding complaints: The CSCB as well as the authority of Cu Chi district should boost the settlement of complaints on the basis of ensuring lawful rights and entitlements of AHs. The settlement should base on the consensus between parties through discussions. INVESTCONSULT GROUP 36

38 ANNEX 1. LIST OF PROJECT S OFFICIALS APPROACHED No. Agency Name of officials Position Number I Central Power Projects Management Board Mr. Le Dinh Quang Deputy Director 1 Mr. Le Van Hieu Head of Compensation Department 1 Ms. Vo Nhat Huy Official of Appraisal Department 1 II Cu Chi CSCB Mr. Huynh Van Liem Head of CSCB 1 Mr. Nguyen Thanh Son Staff 1 III Phu Hoa Dong commune Ms. Pham Thi Kim Duyen Vice President 1 IV Trung An commune Mr. To Van Vung Vice President 1 V Tan Thanh Dong commune Ms. Le Thi Mai Vice President 1 VI Tan Phu Trung commune Mr. Tran Van Trung Cadastral Official 1 Total 9 INVESTCONSULT GROUP 37

39 ANNEX 2. LIST OF INTERVIEWED HOUSEHOLDS No. Name Address 1 Ho Thi Huyen Village of Bon Phu, Trung An commune 2 Duong Quoc Khanh Village of An Binh, Trung An commune 3 Nguyen Thi Ro Village of An Binh, Trung An commune 4 Nguyen Van Phuoc Village of Bon Phu, Trung An commune 5 Ho Thi Kim Oanh Village of Bon Phu, Trung An commune Nguyen Van Hai Nguyen Van Sen Pham Van Au Dang Van Bon Do Van Trai Village of 7, Tan Thanh Dong commune Group 9, village 12, Tan Thanh Dong commune Group 3, Giong Sao village, Tan Phu Trung commune Group 60, Phu Loi village, Phu Hoa Dong commune Village of Phu Loi, Phu Hoa Dong commune INVESTCONSULT GROUP 38

40 ANNEX 3. SAMPLE OF QUESTIONAIRES INVESTCONSULT GROUP 39

41 INVESTCONSULT GROUP 40

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