SOCIALIST REPUBLIC OF VIET NAM ELECTRICITY OF VIET NAM POWER ENGINEERING CONSULTING COMPANY I. Project: Project: Project: 51.

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized PECC I RP82 V. 7 SOCIALIST REPUBLIC OF VIET NAM ELECTRICITY OF VIET NAM POWER ENGINEERING CONSULTING COMPANY I Project: THAI BINH-HAI PHONG 220KV TRANSMISSION LINE Project: BAC NINH 220KV SUBSTATION AND CONNECTIONS Project: YEN BAI 220KV SUBSTATION AND CONNECTIONS RESETTLEMENT ACTION PLAN (RAP) Compiler Sub. Department Manager TL. Department Manager ON BF Pham Van Chien Nguyen Van An Nguyen Duc Thanh Hanoi, "' December, 2001 F DIRECTOR OF PECC( I 1, E V A I.l (' FIL COPYS

2 TABLE OF CONTENTS CHAPTER 1: EXECUTIVE SUMMARY CHAPTER 2: MITIGATION MEASURES CHAPTER 3: INSTITUTIONAL & LEGAL FRAMEWORK CHAPTER 4: ENTITLEMENT POLICY CHAPTER 5: PROJECT IMPACTS CHAPTER 6: IMPLEMENTATION ARRANGEMENT CHAPTER 7: PARTICIPATION & CONSULTATION CHAPTER 8: GRIEVANCES & APPEALS CHAPTER 9: MONITORING AND SUPERVISION CHAPTER 10: BUDGET

3 LIS'I' OF ACRONYMS WB GOV EVN PECC I NPPMB PRB DRB PPC DPC CPC PPS CEMMA IMO RB CC RAP RIB FS ROW HH PAP SLS DMS LlJRC HV T/L World Bank Government of Vietnam Electricity of Vietnam Power Engineering & Consulting Company No I Northern Vietnam Power Project Management Board Provincial Resettlement Board District Resettlement Board Provincial People's Committee District People's Committee Commune People's Committee Provincial Power Service Commnittee for Ethnic Minorities and Mountainous Area Independent Monitoring Organization Resettlement Board Consulting Company Resettlement Action Plan Resettlement Information Booklet Feasibility Study Right-of-way Household Project Affected Person Standards of Living Surveys Detailed Measurement Survey Land Use Right Certificate High Voltage :Transmission line

4 Chapter I EXECUTIVE SUMMARY VIETNAM SYSTEM EFFICIENCY IMPROVEMENT, EQUITIZATION AND RENEWABLE PROJECT 1. Project description and purposes - The Thai Binh-Hai Phong 220kV transmission line will be built to supply electricity to Vu Thu,Dong Hung districts of Thai Binh province and Vinh Bao,Tien lang,an Lao,Kien An districts of Hai Phong city. These are poor districts of Thai Binh province and Hai Phong city. Therefore, EVN gives priority to investing in these provinces by WB loan kV Yen Bai substation will be built to supply electricity to Yen Bai,Lao Cai,Ha Giang provinces and some districts of Son La,Tuyen Quang,Phu Tho,provinces kV Bac Ninh will be built to supply electricity to Bac Ninh province and supply auxiliarily for the existing network to increase electrical energy quality. The scope of project includes: - Construction of the Thai Binh-Hai Phong 220kV: 54 km - Construction of the Yen Bai 220kV substation and connections: MVA Yen Bai 2,20kV substation. + 4km 110kV double line for connection to Yen Bai 220kV substation. - Construction of the Bac Ninh 220kV substation and connections: MVA Bac Ninh 220kV substation. + 6.lkm 220kV double line for connection to Bac Ninh 220kV substation km 110kV double line for connection to Bac Ninh 220kV substation. The project areas belong to Thai Binh,Yen Bai,Bac Ninh,Bac Giang provinces and Hai Phong city. These northern provinces are sparsely populated. The economic activities are mainly on agriculture, small business, processing of forestall products and livestock breeding. The industry of region is poorly developed compare to that of the whole country, it accounts for a small proportion only. Therefore, the government of Vietnam intends to invest in these electrical projects to promote development of the region. 4

5 The project has been established aiming at improving power supply capacity and satisfying socio-economic development requirement in the project area. In order to realize the above-mentioned objectives, it will be necessary for an enormous capital investment that is to exceed the financing capability of the national budget, so it should have to find a financing source from ODA loan or grant. The project has been discussed with the representatives of World Bank and mutually agreed to be included into the credit for Objectives The Resettlement Action Plan (RAP) for The Project issued by Power Engineering Consulting Company No.1 according to the request of Northern Vietnam Power Project Management Board - Electricity of Viet Nam (EVN). Objectives of the RAP are to determine compensation and resettlement measures for The Project in order to minimize the quantity of household and their assets affected by The Project. The RAP issue regulates that all households and organizations affected by the Project (PAPs) will be compensated and aided aiming at assuring better or at least maintaining their living standard as same as that before the project was implemented. a) The compensation needs to be at substitution cost and market prices. b) The policy adopted on the basis of the World Bank guidelines O.D and decrees 87 CP and 22 CP. Adaptation include: i) Compensation for short-term crops must be provided at market price. ii) iii) Compensation for land, houses, buildings and trees must be provided at substitution cost free of depreciation and value of salvaged material. All the PAPs with or without land paper included in the inventory list prior to the cut-off date are entitled to compensation and rehabilitation measures. Tlhe RAP will be submitted for approval to EVN, relevant Provincial People's Committees and the World Bank (WB). 3. Schedule of projects The project feasibility study (FS) has been prepared by PECC1 for submission to EVN and WB for appraisal. The project implementation is scheduled as follows: a. Thai Binh-Hai Phong 220kV Iratsrnission line: - Preparation of FS. 6 / 2001

6 - Preparation of RAP,EIA. : 1 / Feasibility Study Approval :12/ Technical Engineering Design Preparation :10 / Preparation of Bidding Documents : 9-12 / Site clearance :12/ Starting :12/2002 h. Yen Bai 220kV substation and connections: - Preparation of FS. :10 / Preparation of RAP,EIA. :12 / Feasibility Study Approval :12/ Technical Engineering Design Preparation :1st quarter of Preparation of Bidding Documents for Goods : 3 rd quarter of Preparation of Bidding Documents for Civil Works: 3 [d quarter of Site clearance :10/ Starting : 4st quarter of Construction Completion : 4 s5 quarter of 2004 c. Bac Ninh 220kV substation and connections: - Preparation of FS. : 6 / Preparation of RAP,EIA. :12 / Feasibility Study Approval :12/ Technical Engineering Design Preparation : 1St quarter of Preparation of Bidding Documents for Goods : 3 rd quarter of Preparation of Bidding Documents for Civil Works: 3 rd quarter of Site clearance :10/ Starting : 45' quarter of Construction Completion : 4st quarter of Ownership and organization of the project - The project owner is Northern Vietnam Power Project Management Board (NPPMB) - Electricity of Vietnam. - Northern Vietnam Power Project Management Board is authorized by EVN to manage, to sign the design contract and bidding document and to monitor the projects within their management areas (or regional projects).

7 - The power network project management board of NPPMB has functional departments to monitor the overall of the project from FS stage through Technical Design stage to construction and handing-over to operation unit. - PECC 1 - a consulting company is assigned by Electricity of Vietnam (EVN) to prepare the project FS, survey the project impacts on trees and crops, prepare the overall FS as well as the RAP and EIA for the project. - The provincial resettlement board (PRB) shall instruct RAP implementation in the province, submit resettlement and compensation policy and local unit price to the PPC for approval. - The district and commune resettlement boards (DRBs) shall coordinate with PECC 1 in carrying out detail survey on project impacts in the area. - IMO is an independent monitoring organization after contract establishment shall conduct socio-economic survey prior and after project implementation. 5. Impact of project - Line ROW: The 220kV,lI0kV high voltage transmission line ROW extends 6m,4m on both sides of the outer phase for 220kV and 110kV voltage.therefore the 220kV and 110kV line ROW width is 21m and 15m. In accordance with the Electrical Equipment Installation Standards 1 ltcn , the 500kV line ROW is wide and thus no construction of houses, schools, clinics and other structures is allowed in the line ROW. Remove such structures, if any, outside the line ROW to ensure safety. All trees must ensure the vertical clearance of conductor in no wind condition to the conductor highest point < 4m high for 220kV voltage and 3m high for 1 OkV voltage For trees subject to rapid growth in short time (eucatylus, bamboo that can be harmful to the line shall be cut off) However, low trees and annual crops in the line ROW could be existed. According to survey statistics, totally: - 49 houses in the line ROW of 220kV Thai Binh-Hai Phong line will be affected,therein 40 houses affected completely,9 houses affected partially. Number of affected people is houses in Yen Bai 220kV substation and line ROW of 220kV connections to Yen Bai 220kV substation will be affected, therein 9 houses affected completely,9 houses affected partially. Number of affected people is

8 - Permanent acquisition of land. for the project is used for tower foundations and substations. The average acquired area for transmission line is 18Gm 2 for each 220kV tower foundation 40m 2 for each 11 OkV tower foundation. - Temporarily r equisition of land: Area around the foundation to be affected due to foundation work, tower erection as well as material transportation to tower locations. Three land strips of 2m wide along the central line for a 220kV,ll0kV voltage transmission line will be acquired for conductor pulling and tension. Impact on road, drainage due to material transportation to the construction site. - Impact scale Therein: + Permanent acquisition of land : m 2 Thai Binh-Hai Phong 220kV transmission line : m 2 Yen Bai 220kV substation and connections : 33 35Gm 2 Bac Ninh 220kV substation and connections : m 2 Therein: + Temporarily acquisition of land: : m 2 Thai Binh-Hai Phong 220kV transmission line : mr Yen Bai 220kV substation and connections :16 00Om 2 Bac Ninh 22GkV substation and connections : m 2 Besides, other crops in the line ROW such as rice, vegetables may be affected as well during construction process (tower transport and wire pulling). However, these impacts are temporary (for 3-6 months). - Rice : m2 - Fruits : 1 242m2 - Industrial tree : 16 OOOm2 Areas affected by the project are Dong Hung,Quynh Phu districts (Thai Binh province);vinh Bao,Tien Lang,An Lao,An Hai,Kien An districts (Hai Phong city);yen Bai town (Yen Bai province);que Vo district (Bac Ninh province); Yen Dung district (Bac Giang province)

9 Because of the project spreading in 5 provinces, it will affect to inhabitants and their assets. The items including inhabitant's houses removed a part because they locate in the safe corridor of the HV line route projected, various kinds of trees higher than 4m will be cut on the HV line route projected, and position for tower foundations and substations. Impacts were assessed by means of a household-to-household survey. However, since rates, selected communes, and current line alignments may be changed as project preparations proceeds, a new detailed survey will be carried out prior to project implementation. 6. Mitigation Measures - The followinig route selection criteria are used to avoid environmentally sensitive areas as: dense forests and high-tree areas; residential structures and settlements; holy places, archeological and govemment sites; mangrove forest, national parks and other conservation areas; telephone and telegraph cables. The transmission line is designed with many turning angles to avoid houses and other structures. - To avoid long construction period and impact on agricultural production, it is necessary to have good preparation and try to construct complete line sections to minimize temporary requisition of land. Consider commencement right after harvest of annual crops and terminated before next showing crop, if possible, to minimize the project impacts. Temporary access roads to be used in project construction not required for ongoing operations would be promptly revegetated. Choice of transmission line routes: When investigating for design, 2 alternatives on HV line routes were also considered. The line routes chosen based on optimum technical aspect, restraining having many angle towers. In this case, the line would be longer and the impact on structures would be minimum. * Technical measures: a) Working measures: To reduce the crop affected in the area on working, the schedule for working will be chosen between 2 crops (working after harvest and finishing before the beginning of the next crop). Camping for worker will be rent from local inhabitant's houses or offices or establishments located in the commune. During wire stringing, suitable conductor drum size will be used, satisfying technical standard in order to reduce area affected within the corridor of 19m from center of pole. Based on specific situation on working, specialized machines or suitable working measure can be used to make sure working schedule in time and to minimize affect to inhabitant's life in the area. 9

10 Because of the scale of work, the project shall require to construct new roads beside available roads for working. 7. Implementing Value of the Articles in RAP The RAP will have a legal standing following GOV and WB approval. To assure compensation cost suitable for substitution rates or market price for affected household, before carrying out the compensation and resettlement the project investor and local authorities should investigate and adjust compensation unit cost applied in the project. If there are any articles in the compensation unit cost unsuitable to time of carrying out the project. The Resettlement Board has to adjust the unit cost in order to assure for sufficient payment on right of people affected according to the regulation in the RAP. 8. Content The content of the RAP includes: a- To determine compensation principles and articles regulated on legality/right of inhabitants affected by the project. b- The legal bases and organization structure. c- To express participating activities of community. d- To describe on procedures, complaint sequences, solving sequences. e- To describe on supervision. f- Implementing process. g- Capital source and cost estimate. 9. Census Data PECC I is responsible for survey on the project impact on trees, crops and assets. For such tasks, 2 survey groups of 3.4 people had been sent to the concerned communes and went to the site with the district and commune cadastral representatives for impact statistics. PECC 1 will summarize the survey data in the project main report. 10. RAP preparation Participating in RAP preparation and implementation are: - PECC 1 - consulting company is contracted to conduct the survey and prepare RAP as well as prepare the project FS and Detailed Engineering Design. - NPPMB - on behalf of the investor - is responsible for coordination with local authorities in the project planning and construction as well as RAP implementationi. 1 0

11 - PAPs - project affected people are entitled to participate directly or indirectly by representatives into RAP preparation and implementation as well as exchange of viewpoints in the survey form. - PPCs - local authorities are responsible for compiling the RAP policy in coordination with PECCI and establishing the unit price for compensation. All of the involved communes must take part in the census on the project impacts. 11. Measures for compensation/resettlement Compensation for crops will be provided at the market prices. Compensation for land, houses, buildings, trees and other assets will be provided at the substitution cost. Compensation for agricultural land losses less than 25% of total- land holding of PAP will be provided in cash. Compensation for land losses more than 25% of total land holding of PAP would be provided in terms of land for land at the equivalent area and quality of the land acquired by the project. Compensation prices have been defined according to tariffs established by the provinces and based on the decree 87-CP and the Circular 145 of the Ministry of Finance. Since such price may not correspond to market or substitution rates they have been adjusted as possible with available information as to correspond to these rates. All prices will be checked again and if necessary adjusted one more time as of the Detailed Measurement Survey (DMS) to be carried out before project implementation. Compensation for crops will be given in cash at the current market rates calculated on the productive average of the lass three years. Damages caused by digging will be restored by the investor of the project. To minimize troubles cause inhabitants and time for unused roads and its pavement, repairs will be gone with construction. 12. Implementing cost for RAP Cost for compensating houses, residential land and plants estimated according to the compensation price for house and land of the 5 provinces. Subordinate costs include cost for preparation, cost for management, for internal supervision, for independent supervision, and contingencies for inflation, for administration, etc. Total cost for resettlement and compensation for 3 projects will be: USD. 13. Permission for land to be used for the project - PECC I has officially discussed with provinces passed by the line on the proposed line routes. The proposed line route has been accepted by involved PPCs. - After approval of the Detailed Engineering Design, PPCs will consider allocating land for the project construction. This procedure is planned to end in

12 1/2002(Thai Binh-Hai Phong 220kV transmission line) and 2/2003(Bac Ninh, Yen Bal 220kV substations and connections). 14. Compensation for Land and Crops Compensation for land and crops will be at the substitution cost and market price. Compensation must comply with, apart from Decree 87 and 22-CP, OD 4.30 of the WB. For such compliance, it is recommended to include PAPs having houses and crops impacted by the project as legal PAPs for compensation if they are certified by the CPCs as stable users before 15/7/2001 and that land is not in dispute. The compensation principles worked out in this RAP, once approved, will be a legal basis for RAP implementation. 15. Entitlement and Compensation Policies Because the project is financed by WB, legal framework will apply both law and policy of the socialist republic of Viet Nam and WB. WB doesn't require that lack of legal land papers is an obstruction of the compensation and rehabilitation activities for PAPs; both official rights and common rights are considered similarly. For PAPs, especially the poor will have entitlement of resettlement and rehabilitation. All PAPs, which are included in the RAP inventory list, are entitled to compensation for their affected properties. The households, which are encroachers into the proposed affected area after the cut-off day, are not entitled to compensation. Also for compliance with World Bank OD 4.30 compensation rates will be provided at substitution cost for houses, buildings, land, and at market rates for crops and trees. Compensation must comply with, apart from Decree 87 and 22-CP, OD 4.30 of the WB. For such compliance, it is recommended to include PAPs having houses and crops impacted by the project as legal PAPs for compensation if they are certified by the CPCs as stable users before 15/7/2001 and that land is not in dispute. 16. General Information Statistics on impacts and PAP were specified via survey data in 5-7/2001. Once the RAP is approved, DMS and counting, classification of trees by age shall be carried out. 17. Budgetary The counterpart fund for compensation is from EVN's budget. The estimated cost of the RAP of 3 projects is 8,800,009,750 VND (equivalent to about 590,000USD). 12

13 LOCATIONS PASSED BY THE TRANSMISSION LINE No. Locality Route section J Length Notes (m1) (1 L (2) 3 (4) (5) I. THAI BINH-HAI PHONG 220KV TRANSMISSION LINE Thai Binh province Start point-g16a Dong Hung district Start point-g 12A a Nguyen Xa commune Start point-g1o b Dong La commune Start point-g c Lien Giang commune Start point-g12a Quynh Phu district G12A-G a Quynh Xa commune G12A-G b An Ap commune G13-G c An Quy commune G14-G d An Ninh commune G15-G II Hai Phong city G16-End point Vinh Bao district G16-G a An Hoa commune G16-G16A b Tan Hung commune G16A-G c Trung Lap commune G17-G d Viet Tien commune G18-G e Giang Bien commune G19-G Tien Lang district G20-G a Tien Cuong commune G20-G b Tu Cuong commune G22-G An Lao district G23-G a Tan Vien commune G23-G b Tan Dan commune G24-G c An Thang commune G25-G d An Tien commune G26-G _[An Hai district G28-G

14 (1) (2) (3) (4) (5) a Quoc Tuan commune G28-G b Hong Thai commune G31-G c Dong Thai commune G32-G Kien An district G33-End point a Quan Tr quarter G33-End point Total II. YEN BAI 220KV SUBSTATION AND CONNECTIONS A. 110kV connection 1: I Yen Bai province _ 1 Yen Bai town a Tan Thinh quarter 1110kV OHL 3000 B. 110kV connection 2: I Yen Bai province _ 1 Yen Bai town a Tan Thinh quarter 110kV OHL 1000 III. BAC NINH 220KV SUBSTATION AND CONNECTIONS A. 220kV connection: I Bac Ninh province 1 Que Vo district a Viet Hung commune Start point - G b Que Tan commune G2 - G Il Bac Giang province 1 Yen Dung district a Yen Lu commune G End 1210 point B. 110kV connection: B.1. 1 OkV connection 1: I Bac Ninh province 1 Que Vo district a Viet Hung+Bong Lai I lokv OHL 1620 communes B kV connection 2: Ll Bac Ninh province 14

15 (1 I (2) 3 (4) (5) 1 Que Vo district a Viet Hung+Bong Lai 110kV OHL 1600 communes 15

16 Chapter 2 - MITIGATION MEASURES` _', 1. General Measures: PECC I has conducted detailed survey on the project impacts, discussed and agreed with the local authorities and relevant bodies on least-impact line route. A harmonious application of Vietnamese and Bank's policies on compensation and subsidies for the project affected persons for coping with impacts and restoring life. PECC I has consulted relevant bodies such as the provincial people's committee, DOSTE and PAPs on RAP measures and policies so as to eliminate, scope or mitigate social and environmental impacts and further modifies RAP report. 2. Technical Measures: 2.1. Mitigation Measures In Design Stage The mitigation measures for project impacts should be scrutinized during the design stage, especially for line route selection. A well-selected route and substation site would reduce much of the project cost as well as impacts on the locals and environment.the following criterias are considered in design: - The route selected is as short as possible, the substation is suitably designed for minimum construction cost and land acquisition. - The transmission line and substations avoided concentrated residential and conservation areas by turnings. Though more turning angles means high cost, the compensation cost and delay would be less. - The transmission lines are as closed to the transportation roads as possible to facilitate material transport during construction and management and operation, meanwhile reduce land acquisition for access roads. - The transmission lines avoided areas with high trees such as industrial trees, planted and natural forests so as not to impact the eco-system. - The transmission lines are not traverse or be closed to important projects such as airports, mine warehouses, radio stations. - The transmission line avoided slope sides to reduce leveling. - The transmission line avoided turnings as much as possible due to high cost of angle towers. I 6

17 - The transmission lines use same ROW with existing kv transmission lines in order to facilitate management and operation works. During selection of line route and substation location, PECCI engineers had carefully studied different alternatives on map and at site and chose one route for investigation Mitigation Measures In Implementation Stage In the next steps, the following mitigation measures will be considered further: - In detail engineering design stage: PECCI will study more carefully about the investigated route and substation site and make necessary modification to avoid residential houses. - It is necessary to mobilize workforce to construct complete line sections and substation components to minimize temporary land requisition for the project. - For annual crops areas, stringing works should be carried out right after harvest to minimize impact on crops. - To study carefully about access roads to minimize their impact. For sections traversing forest, manual transport of materials should be considered to minimize impact on the environment. 17

18 Chapter 3 INSTITUTIONAL & LEGAL FRANIEWORK The local authority and project investor are responsible for compensation and resettlement. RAP implementation must be matched with project implementation. Coordination between local authority and project investor shall be set up and realized to ensure that project PAPs are concerned in all respects and there will be no delay in all important tasks. 1. Institutions responsible for resettlement preparation, implementation and monitoring - Provincial People's Committees of Thai Binh,Hai Phong,Yen Bai,Bac Ninh,Bac Giang (PPCs) - Electricity of Vietnam (EVN) - Northern Vietnam Power Project Management Board (NPPMB) - Power Engineering Consulting Company No. 1 (PECCI) - Provincial Financial and Pricing Department (PPD) - Provincial Appraising Committees for Compensation and Rehabilitation (PACCRs) - Provincial Cadastral Department (PCD) - Provincial Agricultural and Rural Development Department (PCD) - Provincial Construction Department (PCD) - Provincial Resettlement Boards (PRBs) - District People's Committees (DPCs) - District Resettlement Boards (DRBs) - Involved Commune People's Committees (PPCs) - Project Affected Persons (PAPs) 2. Responsibilities - EVN: is the project investor responsible for approving the project documents, providing PMB with fund and guidance on the project control and implementation as well as RAP preparation and implementation. - PMB: is the project manager responsible for the whole project including resettlement, assignment for specialized bodies to prepare and implement the project, submission to EVN for approval on decisions concerning resettlement submitted by PPSs, monitoring the resettlement activities. + Overall planning, management and monitoring of the regional resettlement programs; 18

19 + Ensuring that all eligible PAPs are identified provided with their respective entitlement according to the resettlement policy, and is relocated as per the implementation schedule and with minimum hardships to PAPs; + Ensuring that all PAPs are inforned about their entitlements and provided with the Resettlement Information Booklet (RIB), as proof of their eligibility to resettlement benefits; + Explaining the scope of the project to Peoples' Committees at various levels; + Providing copies of the RAP to resettlement boards and explaining the approach adopted and the categories of entitlement that will be used. + Training of provincial, district resettlement staff (PRBs, DRBs) on planning resettlement activities, and on the principles of resettlement; + Training of local staff (PRBs and DRBs) on computerized data entry and data analysis; + Coordinating with resettlement boards at each level on the implementation of resettlement activities; + Carrying out intemal monitoring of RAP implementation and appointing a competent agency for external monitoring of land acquisition and resettlement activities; + Providing the budget for resettlement and rehabilitation; + Reporting on the progress of resettlement activities to PMB. To carry out the above tasks, PMB requires establishing a department including members experienced in environment and resettlement works. - PPC: PPCs are responsible for + Guiding and monitoring RAP planning and implementation within the province + Approving estimated compensation cost of the project for the province. + Reviewing document on land acquisition and granting within the province area. + Establishing PRBs and instructing their activities + Guiding and leading the coordination between sectors, departments in RAP implementation - Provincial Financial Service: is responsible for stipulating price for detailed compensation estimate for the project or project components within the province area. - PRBs : PRB is a coordinating organization responsible for RAP planning for the province headed by its vice-chairman. PRB is in charge of: + Gathering and verifying data on impacts sent by DRBs + Monitoring RAP implementation in the province + Recommending on RAP monitoring and implementation + Allocating resettlement compensation sum for PAP directly or via DRBs before ground clearance. PRB will be involved by representatives of: 19

20 + Pricing and Financing Department + Construction Department + Land Office + Chairs of People's Committees of related districts. + Representatives of Provincial Project Management Boards + Representatives of CEMMA Members of PRB will be concurrently having many works and receive allowances from PMB. of: - DPC: is responsible for resettlement activities in the district and is in charge + Monitoring commune resettlement activities + Reviewing compensation proposal for each household. + Reviewing and submitting commune documents concerning RAP to PPC for approval. + Together with DRBs solving problems arising during RAP implementation such as claims. - DRB : is the key unit in commune planning and management, its staff is specialized in statistics and data processing. The commune representatives will take part in DRB. The unit is in charge of: DPC + Organizing meetings with PPSs and consulting communes on RAP + Participating in the general census, together with the consulting company to conduct detail census. + Collecting data on impact in the area and submitting them to PRB. + Coordinating with PMB on training enumerators + Confirming census result on affected assets (AA) + Acknowledging and resolving grievances and submitting the solution to + Monitoring RAP implementation in the area + Reporting to PRB by written document - CPC: is responsible for + Confirming impact caused by the project in the commune + Monitoring RAP implementation in the commune + Organizing meetings at commune level - PCD : undertakes the following duties + Studying maps of the line route, specifying permanent occupied land (based on measurement given by PECC I) + For important land, PCD can make measurement and cadastral map itself, the findings will be included in land granting and acceptance minute. - PECC 1: 21

21 + Surveying, measuring and confirming AA + Coordinating with DRB in classification of affected property. + Studying and classifying affected people and houses. + Undertaking to collect data, plan RAP for the project basing on collected data from RBs. + Coordinating with PMB in training enumerators - IMO (independent monitoring organization): obse'rves all aspects of resettlement planning and implementation and provides reports to PPSs and PMB on resettlement progress, quality and quantity of the works done. Responsibilities of this organization is presented in detail in this document - PAPs: + Directly participating in the survey on their duties and entitlements, charged in returning the concerned site clearance in time. + Stating their requirement to the above institutions and supervising the implementation. 3. Staffing Table 3.1- Staffing of resettlement institutions involved in the project. No Resettlement Average Total Qualification Working institutions No. of staff No. of staff duration I PMB 5 5 Expert 1.5 years Consultant 5 5 Expert 1.5 years PRB x x 5 I Middle ranking months DMB DR 2 5 4xO 4x1015 Middle Expert ranking 62 months years ~~~~~~Ex:)r 2 years Table Duties of the resettlement institutions involved in the project. No Activities of RAP Involved Institutions 1 Holding meeting with PAPs to advice of DRB, CPC RAP... activities... and information disclosure 2 Monitoring and identifying PAPs and assets DRB, CPC, DPC Detail Measurement Surveying, appraising DRB, Consultant, CPC unit price for compensation, 4...Notifying. to PAPs DRB Determining Compensation problems PR,B 6 Compcnsation payment PMB; SCB 21

22 7 Internal monitoring PMB 8 Independent monitoring Qualified social institutions or experienced eligible consultants selected by PMB 4. Training workshop In order to carry out effectively the works, before RAP implementation, a training workshop for officers would be necessary. The training workshop will be designed for NPPMB, PECCI and Compensation Committees of several levels. For this purpose, officers should understand the objectives of the project, concerned legal background as well as the methods of survey, monitoring, report preparation, data management, etc. Table-3.3- Number of trainees are proposed, as follow: No. Resettlement Organization Number Content of officer I Intermediate training 1. PMB 7 2 Provincial Resettlement Boards 3 3 District Resettlement Boards 12 4 Consulting company 3 II Primary training 5 Independent monitoring office 7 6 Officer of commune 19 x 2 7 Consulting company 25 8 Internal monitoring office 14 Diagram of implementation organization EVN Provincial Provincial People's functional board Committees District Provincial NPPMB People's Resettlement Committees Boards Commune District People's Resettlement Monitoring Committees Boards Agencies PAPs 22

23 TRAININGS ON: - Cencus and inventory survey - Information campaign - RAP policy and implementation - Complaint solvent - Supervision and monitoring. 5. Legal framework: This is a project financed by WB, so the legal framework of the project will be on the basis of coordination between Vietnam policy and WB regulation. RAP would follow the following legal documents: - Land Law publication on 14 th July Decree 22/1998/ND-CP dated 24th April 1998: Compensation for damage when the State recovers land for national defense, security, national and public interests. - Circular No. 145/1998/TT-BTC dated November 04 h, 1999 of the Ministry of Finance. - Decree 54/1999/ND-CP dated July 08 th, 1999: Protection for MV power network. - Government Decree No. 64/CP dated 27 th September 1993: Regulations concerning the distribution of agricultural land to households and individuals to use in a long term and stable manner for agricultural production. - Government Decree No. 87/CP dated 17th August 1995: Regulations concerning the price of different land types. - Circular No. 05-BXD/DT dated 0 9 th February 1993: Regulations concerning the classification of house types. - Decision of PPC on Unit Prices for Compensation. - Decision of PPC on Compensation for Land Requisition for purposes of security, national defense and public benefits. - Legal framework of the project provinces on compensation and rehabilitation for PAP. In order to carry out the RAP and IPDPlN in accordance with WB Guidance OD4.30 and 0D4.20, the numbers of articles in various Vietnamese laws and regulations/circulars which not ensure compensation at replacement cost or set eligibility provisions which do not extend the right of compensation and rehabilitation to PAP without proper land papers will be waived by GOV. 23

24 For compliance with WB Guidance OD4.30, all PAPs in the survey enumeration will be compensated according to their losses. The person moving to the affected area after the cut-off date will not be entitled to compensation. Also for compliance with WB Guidance OD4.30, Compensation rates for house, land and perennial plants will be at the substitution cost, for crops at the market price. Hereunder are extracts from Decree 54/1999/ND-CP: * Article 7 of Dec-ree /ND - CP regulates: All trees in the ROW must ensure the vertical clearance of conductor in no wind condition to the conductor highest point shall not be less than the value tabulated hereinafter: Voltage level Up to 35kV kV 220kV 500kV Vertical clearance (m) For trees subject to rapid growth in short time (eucatylus, bamboo that can be harmful to the line shall be cut off) All trees outside the ROW shall be pruned to ensure the clearance in falling condition from any tree elements to any line elements stipulated in the table below: Voltage level Upto35kV 66-lOkV 220kV 500kV Minimum clearance (m) Required waivers: In order to carry out the RAPs in accordance to World Bank OD.4.30 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 compensation and rehabilitation to households without proper land papers, will be waived. The articles of law and regulations that will be waived are discussed below: (i) Eligibility to compensation - Decree 22/CP Article 7 of Decree 22/CP (Non eligible persons for compensation of land) stipulates that "The person whose land is recovered and who has not met one of the conditions stipulated in Article 6 of this Decree 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 provinces or City directly under the Central Government shall consider and make decision on a case by case basis". 24

25 Article 16 of Decree 22/CP (Principle for compensation of lost property), Point 3, stipulates that "The owner of affected property on recovered land as mentioned in Article 7 of this Decree, based on each individual case, the People's Committee of the province or City directly under the Central Government shall consider and decide the assistance". To ensure that the objectives of the RAPs are met, a special decision of the Government waiving Article 7 and Article 16 of Decree 22/CP is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in the RAPs. (ii) Price of land for calculation of compensation According to the Vietnamese regulation, calculation for land compensation will be based on Decree 87/CP, 22/CP, 17/1998/ND-CP and Decision 302/TTg. Article 4 of Decree 87/CP states that compensation of land must fall within the Government's range of minimum and maximum prices. Article 8 of decree 22/CP states that the prices of land for calculation of compensation for recovered land shall be determined on the basis of local prices of land issued according to the provisions of the Govermment multiplied by a coefficient 'K' in order to ensure compatibility of the compensation with profitability and the prevailing land prices of the locality. The price of land for calculation of compensation for the project shall be decided by the Chairmen of the Provincial People's Committees based on the proposal of the Finance-Pricing Service. Even though the limit of values of the coefficient K has been widened by Decree 17/1998/ND-CP and Decision 302/Yfg, to ensure that the compensation of land is at replacement cost, a special decision by the PPCs regarding a waiver of Decree 17/1998/ND-CP and Decision 302/ITg is required. This is to ensure that the objectives of the RAP are met. Unit prices for land will be established, ensuring compensations at market value. (iii) Principles for implementation of compensation - Decree 22/CP, Decision 4755/QD-UB-QLDT Article 18 of Decree 22/CP explains the resolution for compensation of affected houses and structures with different legal status of the houses and structures. Article 17 of 22/CP and article 9 of Decision 4755/QD-UB-QLDT states that houses affected on less than 70% of total ground floor area should be entitled to compensation for the affected area plus rehabilitation cost of the remaining part. Houses affected on more than 70% of the total ground floor are entitled to full compensation cost of the house. To ensure that the objectives of the RAPs are met, a special decision of the Government regarding a waiver of Article 17 and Article 18 of Decree 22/CP and Article 9 of Decision 4755/QD-UB-QLDT is needed to permit assistance and rehabilitation measures for project affected houses and structures as proposed in the RAPs. (iv) Assistance policy for PAPs who rent houses from the government [Decree 22/CP Article 25 of Decree 22/CP and Article 7 of Decision 4755/QD-UB-QLDT states that PAPs (Project action persons) who rent government houses and do not 25

26 want to continue to do so shall be entitled to compensation at a rate equal to 60% of the cost of the rented house and 60% of the cost the land. To ensure that the objectives of the RAPs are met, a special decision of the Government regarding waiver of Article 25 of Decree 22/CP and Article 7 of Decision 4755/QD-UB-QLDT is needed to permit assistance and rehabilitation measures for Project Affected Families who share rented government housing as proposed in the RAPs. The Prime Minister of Vietnam and Chairrnan of Provincial People's Committees in approving the policies and objectives set forth in the RAPs will grant the waivers to the above mentioned Articles 7, 8, 16, 18 & 25 of Decree 22/CP; Article 4 of Decree 87/CP; Article 7 & 9 of Decision 4755/QD-UB-QLDT. 26

27 Chapter 4 l - ientitlement POLICY 1. Definition of Eligibility and Limitation to Eligibility Project Affected Persons (PAPs) are all individuals, households, finns or institutions with or without land registration papers who owned, rented, or used land, properties and businesses, which are affected by the Project. All PAPs will be entitled to full compensation for their respective losses as long as they are included in the PAP inventory list or can prove that they use the affected items before the cut-off date. The same applies to PAPs whose incomes are affected by the project. The cut-off date has been fixed as the day of inventory completion, 1 5 th of September The cut-off date will be declared officially by the competent local authorities. Encroachers who settled into the proposed affected area after the cut-off date will have no entitlement to compensation and resettlement. They will be required to demolish their structures and cut the trees or harvest their crops for land clearance to the project. In the 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. 2. Principles on Compensation and Resettlement: The principles and objectives of this RAP are defined in accordance with Vietnamese laws and O.D.4.30 of WB. Vietnamese legislation and WB directives have been adapted to fit the specific conditions of the project as defined below: 1. Resettlement and compensation programs must be designed so as to allow the improvement or at least the maintenance of the PAP's pre-project living standards. 2. Both resettlement and land acquisition must be minimized as much as possible. 3. Resettlement distant must be minimized if the agricultural replacement land needs to be given, it should be as close as possible to the land that was lost. 4. Cash compensation for houses/or structures shall be given at the substitution costs free from depreciation cost of the salvage of the old construction materials, while cash compensation for land and crops/trees shall be given at the market-price rates. 27

28 5. Resettlement transition period must be minimized and the compensation should be provided to PAPs before construction activities affecting them, no land clearance if the full compensation has not been done. 6. All PAPs residing/or cultivating land within the project area before the cutoff date are entitled to compensation for their losses and to income rehabilitation. 7. Resettlement and land acquisition plans and all the replacement alternatives should be carried out following consultation with the affected population and it should have popular acceptance of PAPs. The plans are also required to be approved by local Authorities. 8. Resettlement and compensation programs must provide adequate institutional arrangements to warrant effective and timely implementation and proper monitoring. 9. Financial and technical resources for the resettlement, land compensation and subsidies should be available when and where required. 10. The previous level of community services and resources should be maintained or improved in the new sites. I 1. Once approved by the Government of Vietnam what stipulated in this RAP will be enforceable as an official legal document. 3. Eligibility of compensation beneficiaries: The eligible PAPs are the households with papers on the land use right and house and building ownership right or their uses are demonstrated or identified by the local authority before the date as mentioned in Item "3.1". 4. Compensation Policy: Compensation for land and crops will be provided at the market prices. Compensation for houses, building, trees and other assets will be provided at the substitution cost. Compensation for land losses less than 25% of total land holding of PAP and all other losses will be provided in cash. Compensation for land losses greater than 25% of total land holding of PAP would be provided in terms of land at the equivalent area and quality of the land acquired by the project. Compensation prices have been defined according to tariffs established by the provinces and based on the decree 87-CP and the Circular 145 of the Ministry of Finance. Since such price may not correspond to market or substitution rates they have been adjusted as possible with available information as to correspond to these rates. All prices will be checked again and if necessary adjusted one more time as of the Detailed Measurement Survey (DMS) to be carried out before project implementation. 28

29 Standing validity of entitlement and compensation policy: after project approval the above entitlement and compensation policy will acquire legal status and will be sanctioned as such following GOV approval. Compensation for crops will be given in cash at the current market rates calculated on the productive average of the last three years. Compensation for houses, buildings and trees will be provided in cash at the substitution cost rates. 5. Entitlement Policy: The PAPs are classified into two kinds on base of impact property: 1. Temporary-impact: including the Households whose lands, annual crops and trees of lower than 4m are within ROW or surround tower foundation area, access roads during construction process. 2. Permanent impact: including the households whose lands are acquired for substations and tower foundations, or affected by access roads for construction or for further use during operation and management as well as the households whose structures/houses and trees are over 4m high within ROW. Accordingly, the entitlement policy is defined as the follows: A. Compensation policy: 1. Households impacted on lands of agriculture, forestry and trees, crops within the ROW: Lands within the ROW that are temporarily affected during construction process (due to pulling and stringing line) will not be compensated. In case of rice and annual crops, the compensation will be paid in cash to the farmers at the full market value of affected crops on base of three recent years' average harvest for the affected area within the ROW. In case of perennial plants, trees of over 4m high will be cut down. Compensation for lost of timber trees will be in cash at substitution value on the basis of type, age and productive value. Additionally, PAPs will be entitled to a one-time allowance equal to the value of a crop harvest to enable PAPs to shift another cultivation (e.g: plants of not more than 4m high or crops). 2. Households impacted on r esidential and garden lands within the ROW: a. No house and construction structure in the affected area: No compensation is made for land temporarily affected during construction process. Lands within the ROW will be still used in compliance with electricity safety regulations. The cut down trees or affected trees due to conductor and earthwire pulling and stringing will be compensated at the substitution cost on base of type, age and affected quantity. 29

30 b. In case that house is lost lower than 25% of the total area, the directly affected house space will be compensated at the substitution cost plus costs to reconstruct the house (including costs for the demolished wall). c. There are affected houses and construction structure within the ROW. In a case that residential or garden lands out of the ROW are not adequate to reconstruction of house with the same area, they can be choice one of two alternatives: - Compensated in cash for the whole existing place of residence (including garden, residence land and trees) at the full market value to buy another place and give back the existing place to the local authority. - Compensated in land for the whole existing place with the -same quantity and quality. The value of house, construction structures and trees are paid in cash at the substitution cost. The PAPs must themselves reconstruct their house in the new land, return the existing place to the local authority and entitle to take the removal properties from-the existing place. In a case that PAPs agree to reconstruct their house with a smaller area in the existing residential or garden lands out of the ROW, even in case of partially affected house, no compensation will be paid for lands within the ROW but still use them in compliance with regulations on electricity safety. Compensation for trees will be made at the substitution cost on the basis of type, age and the affected quantity. 3. Households impacted on lands and assets in the area tentative to constr-uct substations, foundation, access r oads and project management roads: These are the Households impacted permanently on lands and assets with a very small area. The compensation will be in cash for lands and crops at the market price, for construction at the substitution cost, for trees at the replacement one on the basis of type, age and the affected quantity. The temporarily affected area around the foundation will be cleared before returning the Owner. All the PAPs without LURC will be granted identification by the local authority at the possible time. B. Policy on allowances and subsidies: In addition to the compensation on damages, the PAPs will be granted the allowances and subsidies as regulated in Decree no 22/1998/ND - CP dated 24 Ih April Namely: a. Resettlement Allowance: The persons of the PAPs will receive an allowance of VND 150,000/person/six-month to charge for living costs ( equivalent to 30 kg of rice/person-month) in six montlis. 30

31 B Transport Allowance: An allowance of VND 2,000,000/h.h. will be given to the PAPs to remove their house. c. Income Allowance: An allowance on business income will be granted to the Households borne damages in business due to the land requisition or removing to another place. The allowance will be equivalent to the PAPs' monthly income, namely 3,000,OOOVND/h.h. d. Special Allowance: Under the law of Vietnam, a special allowance of VND 2 to 3 million will be granted to revolutionary families Besides, to help PAPs overcoming difficulties, they will be entitled to other privileges such as: - Restoration of living standards: VND I million/household - Allowance for fertilizer and soil improvement for PAPs losing land: VND 1 million/household - A one-day training on agriculture encouragement for PAPs losing land and others people, if desire: VND 300,000 /household - Training on electrical safety, WB stipulations on safeguard policies, legal document relating to resettlement and compensation, etc. Table 5.1: Categories of allowances Categories Resettlement Allowance Transport allowance Income Allowance Special Allowance Restoration of living standards Amount 150,000 VND (equivalent to 30kg rice/personmonth) and for six months VND 2,000,000/removed household, 1 time VND 3,000,000/h.h, 1 time VND 2 to 3 millions/h.h, I time. VND I million/household Allowance for fertilizer and soil VND I million/household improvement (PAP losing more than 25 % of agricultural land their holdings) training on agriculture encouragement VND 300,000/household 31

32 6. Classification of impacts: By the nature of the project as described above and based on the survey of the PAPs, the impacted categories could be classified as below: Temporary Impact within Right-of-Way (ROW): All the PAP has the agricultural land or forestry land, crops, trees or structures in ROW of transmission line, surrounding areas of tower foundations, in the temporary service road, which are temporary affected only during the construction period. Category 1: PAP has trees, crops, which are damaged by the project during the construction period due to temporary access or conductor stringing. Category 2: PAP has residential garden, agriculture or forestlands which are temporarily acquired/damaged by the project during the construction period due to temporary access or conductors' stringing. Permanent Impact: All the PAP owned lands and properties on it, which will be permanently acquired for the tower foundations, the substation areas, the permanent roads for construction and maintenance of the project. All PAPs have houses or structures, or trees in ROW, which need to be removed, demolished or cut. Category 3: PAP has houses/structures, 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 dismantle areas are less then 25% of total areas), and the lost house/structure portion could be rebuilt in adjacent areas already owned by the PAP. Impact on cleared residential areas would be temporary as it could be reused for restricted purposes. Category 4: PAP has house, which are partially or totally damaged, and the damaged portion will affect to the safety or using purpose of the entire house or structure (the dismantled areas are more then 25% of total areas), so the house need to be totally removed and rebuild in adjacent areas already owned by the PAPs. Impact on cleared residential areas will be temporary as it can be reused for restricted purposes. Category 5: PAP has house, which are partially or totally damaged, and the damaged portion will affect to the safety of the entire house or structure, so the house need to be totally removed and rebuild. But PAP does not have spare residential land for the reconstruction of a house of equal dimensions as the house lost. Category 6: PAP has residential land, agriculture or forestry land which will be acquired permanently for the project, including permanent roads for construction and maintenance of the project. The proposed matrix for entitlement is as below: 32

33 ENTITLEMENT MATRIX N Type of loss Application Definition of Compensation policy Implementation issues entitled PAPs _ I Temporary All PAPs have PAPs - Cash compensation for -Trees have to be cut are regulated by Article 7 of the acquisition of trees, crops in with/without affected trees at the Govemment Decree 54/1999/ND-CP, July 8 th, 1999 on the agricultural and ROW. land certificate replacement cost, crops protection of the high voltage networks.. forest land in included in the at market price. Number - PMU and local authorities determine and ensure that ROW inventory or of crops to be compensation for trees will be at the replacement cost and for able to prove compensated based on cops at the relcmn csineo land occupancy the time of temporarily crops at the market prce. prior to cut-off acquired of land. - Full compensation at least 01 month before land clearance. date.. ~~- No compensation forcomtes land. Payment to PAPs will be delivered by PMB and Resettlement Committees. - Land in ROW can be used with the restricted purposes. - Finance available for compensation and well information disclose/disseminate. 2 Temporary All PAPs with -do- - Cash compensation for - Trees have to be cut are regulated by Article 7 of the acquisition of orchards or trees affected fruit trees and Government Decree 54/1999/ND-CP, July 8 th, 1999 on the residential and in ROW. trees at replacement cost. protection of the high voltage networks. garden land in - No compensation for - PMU and local authorities determine and ensure that house whor t house or land. compensation for trees will be at the replacement cost. structures in - Full compensation to PAPs at least 01 month before land ROW clearance. - Payment to PAPs will be delivered by PMB and RCs Finance available for compensation and well information disclose/disseminate.-

34 Impact of All PAPs have -do- Tree and fruit tree - House and building have to be demolished or could be existed are residential and house/building - regulated by Article 8 of the Government Decree 54/1999/ND-CP, garden land. Partial and trees/fruit - Compensaton for affected trees July 8h, 1999 on the protection of the high voltage networks... ~~~~~~~~~and fruit trees at the house/building trees in ROW. replacement cost. - Consultation for PAP's options. within ROW (area in ROW less than Allowances: - PMU and local authorities determnine and ensure that compensation 25% of total area) - Six months relocating allowance will be at the substitution cost, without deduction for salvageable and the demolished w materials. area does not ~~~~~~of 30kg of rice equivalent per imact dto the person per month. - PAPs will demolish the impacted part/room and reconstruct/or Impact improve their houses themselves. remaining house/building - Full compensation for trees and fruit trees at least 01 month before Residential land and land clearance. garden land outside - Full entitlement to PAPs impacted on house/building at least 03 of ROW is months before land clearance. sufficient for reorganizing (more - Payment to PAPs will be delivered by PMB and RCs. than 60m 2 in the - Cleared land could be used with restricted purposes. urban area and 100 m in the rural - Finance available for compensation and well information _ area) I disclose/disseminate. 34

35 l Impact of All Tree and fruit tree - House and building have to be demolished or could be existed are residential and or PAPs do- regulated by Article 8 of the Government Decree 54/1999/ND-CP, July garden land. have -Compensation for affected trees and 8 h, 1999 on the protection of the high voltage networks. Impact more than house/b fruit trees at the replacement cost. 25% or less than u.iding Allowances: - Consultation for PAP's options. 25% of total and.. - PMU and local authorities deternine and ensure that compensation will house/building trees/fr - Six months relocating allowance of be at the substitution cost at the time of payment.. ~~~30kg of rice equivalent per person per area but the Uit month. - PAPs will demolish the impacted areas and reconstruct/or improve their demolished area trees in houses themselves. will impact to the ROW. remaining - Full compensation for trees and fruit trees to PAPs at least 01 month structure. Land before land clearance. outside of ROW is - Full compensation for impacted house and allowances to PAPs at least 03 sufficient for months before land clearance. reorganizing (more than 6Gm 2 in the - Payment to PAPs will be delivered by PMB and RCs. urban area and Cleared residential could be reused with restricted purposes. m 2 in the rural area). area). - Finance available for compensation/rehabilitation and well information disclose/disseminate. 5 Impact of All PAP can opt for one of the followings: - House and building have to be demolished or could be existed are residential and PAPs do- i) Cash compensation for the whole regulated by Article 8 of the Govemment Decree 54/1999/ND-CP, July garden land in house/b residential area which PAP occupied (not 8th, 1999 on the protection of the high voltage networks. parow.ial or houildg only for the impacted areas) and - Consultation for PAP's options. partial uilding properties associated with occupied land - PMU and local authorities determine and ensure that compensation will house/building and at replacement cost. Impacted land will be at replaentcosttat tentime of ent. impacted and land trees/fr be obtained by local authorities; or be at replacement cost at the time of payment. outside - Replacement land, and resettlement sites development not sufficient for trees in ii) "Land for land" with the same area reorganizing (less PAP occupied and cash at replacement - PAPs receiving compensation will demolish the impacted areas and 35

36 than 60m in the ROW. cost for the affected assets associated reconstruct/or improve their houses themselves. urban area and I100 with land. Land occupied by PAP will be _ urban rea ran occupied by PAPlwillrbee- Full compensation for trees and fruit trees to PAPs at least 01 month ma in the rural obtained by local authorities, before land clearance. area). - Compensation for affected trees and - Full compensation for impacted house and allowances to PAPs at least 03 fruit trees at the replacement cost. Allowances: months before land clearance. - Payment to PAPs will be delivered by PMB and RCs. - Six months relocating allowance of - Cleared residential could be used with restricted purposes. 30kg of rice equivalent per person per month. - Finance land available for compensation/rehabilitation and well - Transportation allowance according to information disclose/disseminate. the Compensation Decree 22/1998 CP - PMU consult with PAP who are eligible to rehabilitation for their options dated April 22, 1998 of GOV. prepare proposal for rehabilitation programs. - Rehabilitation assistance if PAPs losing business or more than 25% of their income. 36

37 Permanent All PAPs -do- For PAP losing Agricultural land: - Consultation for PAP's options. acquisition occupied land a. tid loss less than 25% of theii- total landholdisgx - PMU and local authorities determine of land for and properties a. L l and ensure that compensation will be at tower associated - Cash compensation for the lost area if the remaining plot is stll, replacement cost at the time of foundations, with land economic viable. payrment. substation permanently - Cash compensation for the whole impacted plot if the remaining R and access impacted by plot is not economic viable.rlae lnn roads etc. towers plti o cnmcval.sites development foundations, - Cash compensation for properties associated with land. - PAPs receiving compensation will substation and b. Land loss equal or mor e than 25% of their total landholdings: demolish the impacted areas and access road. reconstruct/or improve their houses etc. - "Land for land" with the same area and productive of impacted themselves. area if the remaining plots are still economicviable and for the whole impacted plots if the remaining plots are not - Full compensation for trees and fruit economicviable. trees to PAPs at least 01 month before - Compensation for trees and affected fruit trees at the replacement land clearance. cost. - Full compensation for impacted house.. Rehabilitation assistanc. and allowances to PAPs at least 03 - Rehabilitation assistance.. months before land clearance. For PAP losing Residential and garden land: - Payment to PAPs will be delivered by - If remaining land is sufficient for reorganizing (more than 60m 2 in PMB and RCs. the urban area and 100 m 2 in the rural area): Cash compensation - Finance land available for for lost area and assets associated with land. compensation/rehabilitation and well - If remaining land is not sufficient for reorganizing. information disclose/disseminate. PAP can opt for cash or "land for land" compensation for the whole residential area which PAP occupied (not only for the impacted area) and properties associated with occupied land. For affected house and building, the same entitlement to PAP of categories 3 or 4 or 5. - PMU consult with PAP who are eligible to rehabilitation for their options prepare proposal for rehabilitation programs. 37

38 Chapter'5 PROJECT It1PACTS:.e--' 1. Project Impacts The 220kV and I lokvkv high voltage transmission line ROW extends 6m and 4m on both sides of the outer phase.therefore the 220kV and I 1 OkV line ROW width is 21m and 15m. * Article 8 of Decree /ND - CP regulates: 1. Houses and structures existed before construction of the overhead line up to 220kV will not have to be removed out of the ROW if ensure the follows: a. Made of flame-resistant materials b. The metallic structures must be earthed according to the existing regulations. c. The vertical clearance of the outer conductors in static condition to any component of house or public structures should be equal to or more than that in the following table: Voltage level llokv T/L 220kV T/L Vertical clearance (m) d. Safety on power and construction should be reinforced for the clearance of conductor passing over houses and structures. 2. In the case that legal houses and structures existed before construction of the overhead line up to IlOkV haven't satisfied one of four conditions of Item 1 above, the Investor will be charged for mending these structures so as to accord with the above conditions. 3. In the case that houses and structures are necessary to remove out the ROW, the Investor will compensate for the Owner or legal LURC holder according to the regulations. * Article 7 of Decree 54/1999/ND - CP regulates: All trees in the ROW must ensure the vertical clearance of conductor in no wind condition to the conductor highest point <4m and 3m high for 220kV and I 10kV transmission line. For trees subject to rapid growth in short time (eucatylus, bamboo that can be hanrful to the line shall be cut off) Therefore the project impacts include:

39 - Impact on houses and structures in the ROW (remove or rehabilitate them) - Trees of >4m within the line ROW must be cut off. However, low trees and cultivation in the line ROW could be existed. - Permanent acquisition of land for the project is used for tower foundations and substations. The average acquired area for transmission line is 180m 2 and 40 m 2 for each 220kV and 110kV tower foundation,yen Bai 220kV substation:31750 m 2.Bac Ninh 220kV substation: m 2 - Temporarily requisition includes: + Area around the foundation to be affected due to foundation work, tower erection as well as material transportation to tower locations. + Three land strips of 2m wide along the central line for a medium voltage transmission line and Im for a low voltage transmission line will be acquired for conductor pulling and tension. site. + Impact on road, drainage due to material transportation to the construction 2. Impact assessment + Impact on houses in the right-of-way: The impact on households living in the transmission line ROW is considered as a serious impact on households having houses in the ROW. Although the electromagnetic of the medium voltage transmission line is absolutely insignificant that would not affect people's health, according to the Electrical Equipment Code for overhead transmission line, all structures in the line ROW must be removed to ensure safety for people in case of conductor or insulator broken. + Permanent land acquisition: The permanent acquisition for tower foundations is very moderate, 2Gm 2 at minimum for each 110kV transmission line tower foundation, l0om 2 at maximum and 40m 2 on the average for each foundation. The average acquired area for transmission line is 18Gm 2 for each 220kV tower foundation.yen Bai 220kV substation:31750 m 2.Bac Ninh 220kV substation : M 2. Foundations are scattered along the line, as such the impact on each PAP will be of no significance, usually the acquired area accounts for 2-.5% of each PAP's total area. Therefore, PAPs will suffer from a very small impact, almost no influence in their revenue. + Temporary land requisition - Impact on trees in the right-of-way: Land will be requisited temporarily for: foundation works, tower erection, material transport to the line route. Conductor and earthwire pulling and stringing. 39

40 During foundation and tower erection works, the land around foundations (permanently acquired area) is also occupied temporarily for construction site, keeping excavated soil and material. Additionally, some areas inside and outside the right-of-way are also occupied temporary for roads to serve construction process. During conductor and earthwire pulling and stringing, three 2m-strips will be temporarily acquired for transmission line. Short-term trees such as crop trees, rice, coffee, tea in the right-of-way are affected temporarily in a short term only, for 3-6 months. They can recover quickly after construction process. Most impacts are not left on future cultivation. However, trees tending to be 4m high in the right-of-way must be cut off. The area in the right-of-way in the future is suitable for low trees only. Thus, the survey teams are instructed to avoid high tree- forests in selecting the line routes, as such the impact is insignificant. 3. Survey and statistics on impacts 3.1 Inventory Surveys on the project impact were conducted during preliminary survey stage. In 5*7/2001 PECCI had sent 2 survey teams to the relevant provinces for site survey and measurement. Each survey team of 3.4 persons was responsible for 60km. During the survey, these teams had worked with the local cadastral officials. In addition to statistics on the project impacts, socio-economic data on PAPs were also collected. These data are used not only for RAP but also for FS preparation, evaluate the project socio-economic benefits. The census forms were prepared for PAPs having houses in the line ROW (severe impact) and some PAPs having land in the line ROW (small impact). These PAPs will be served by the project. however, there's no PAP having houses in the line ROW so these forms were delivered to some PAPs having land in the line ROW. Survey formns were used for PAPs having houses in the line ROW and land in substation site. Survey on socio-economic conditions was carried out to evaluate and identify characteristics of the project communities, evaluate standings of population, houses, main economic activities and income, etc. These data were used in establishment of RAP policies as well as assess the project economic efficiency. 3.2 Survey on socio-economic characteristics of PAPs This section aims at providing basic data on the localities passed by the line. These data are based oni survey on PAPs having land in the ROW. The survey information is on income sources, income, socio-economic situation; impacts of resettlement on living standard and income. A lot of inforrnation was obtained, yet 40

41 not all questions had answers. Some households could not point out the concrcte income source and their revenue Population Thc project areas are central provinces of Vietnam that are sparsely inhabited. Population distribution (people/ km 2 ): Districts of Thai Binh province: Dong Hung (887),Quynh Phu (892). Districts of Hai Phong city: Vinh Bao (777),Tien Lang (636),An Lao (796). Districts of Yen Bai province: Yen Bai town (897). Districts of Bac Ninh province: Que Vo (767). Districts of Bac Giang province: Yen Dung (820). Household characteristics: - The average number of people per household is 4.63, a bit lower than that of the whole country (4.97). Large households usually comprise of generations Housing condition Type of dwellings Ministry of construction classifies buildings into 4 classes: 1, 2, 3, 4. Buildings of class 1 & 2 are permanent structures with modern facilities & interior decorations, private toilets & bathrooms, separate living rooms & bedrooms. This type of buildings is usually located in big city centers, there is no such building in the ROW. Buildings of class 3 are permanent structures with brick wall, reinforced concrete roof, brick floor, conventional facilities & interior decorations. Buildings of class 4 are semi-permanent structures with brick wall or wooden wall in the rural areas, tile roof zinc-galvanized iron sheet, brick or cement floor and usually without toilets. Beside the above-mentioned classes, in the rural Vietnam there are a lot of non-standard houses such as class 4 houses with soil wall, thatched roof & soil floor. Additionally, there are huts with thatched roof surrounded by bamboos only. These structures are usually used as auxiliary structures, by-road hutches, animal stables, etc. Plot size 41

42 Most households have large arable plots. About 42% of households have garden area of over 1OOfnm. Houses are usually constructed in this area therefore sometimes it is difficult to identify residential & arable area. Generally the project areas are sparsely populated, the average residential area is m 2 /household, very small compared to household garden area. Beside garden, PAPs also have 1000m m 2 agricultural land for cultivation. Cultivation in this area is mainly on rice, maize, corn, industrial crops like tea, coffee, rubber, cinnamon trees, etc. Amenities PAPs' modern facilities are not much. 12.6% PAPs have motorbikes, 55.3% PAPs have TV sets, 90. 1% have bicycles, 29.6% have radios. Wellwater - the most common source accounts for 82.3% of the total PAPs, while run water accounts for 2.12% and natural water for 15.36%. Few PAPs in the project area have electricity, only 3.6%, the main sources are small hydropower generators, batteries and diesel generators Economic activities Agriculture Farmers represent 73.2% of PAPs. Most of these PAPs are affected by agricultural land acquisition and impact on crops in the line ROW during construction process. The line traverses low population density area. The survey shows that PAPs have large arable land, many PAPs have over 150Gm 2 of arable area. PAPs' main cultivation is on rice, maize, cassava. Besides, they also plant orchard trees, cashew, coffee, etc. Through working sessions with local authorities, it is known that there are relatively large wild lands in the project areas. Some areas are not fully exploited. Water sources & initial investment capital (quite a big amount) for industrial trees are main difficulties. Trade PAPs with income mainly from trade only account for 29.4%. These PAPs mainly concentrate in the town center, along the highways. However, some farmer families also make earning from trade but the quantity is not much. Forestry The affected forested land is scattered through out all the concerned provinces. However, only few PAPs have gross income from forestry, they also make income from agriculture. It is usually very difficult to point out the main income source. 42

43 Income * Source of income: PAP's main source of income is from agriculture (70%) followed by livestock breeding, salary and trade (30%). About 5% of survey PAPs have secondary source of income. This source accounts for 1 8% of the total income. Approximately 26.3% of PAPs have several sources of income that are nearly equal to each other. * Level of income It is very difficult to specify PAP exact income as PAPs themselves can not point out their income exactly. PAP income changes frequently when the price of agricultural products, especially coffees change so much & so often. 4 Results of measurement survey 4.1 Project-involved localities There are 5 provinces, 10 districts involving in this project. The total investment of the project are 54 km of 220kV transmission line, construction of Yen Bai 220kV substation, Bac Ninh 220kV substation and 6,lkm 220kV double line;7,22km l0kv double line. Statistics on scope of construction are on Annex 1. Total number of PAP is 233 with 1343 people Number of PAP impacted by different categories are as below: Category 1: people Category 2: Category 3: Category 4: Category 5: Category 6: Line ROW Statistics on the project line ROWs are in Table 4.4.1, crops and low trees could be existed. only high trees will be cut 4.3 Temporary land requisition Land will be requisited temporarily 3 cases for: foundation works, tower erection, material transport to the line route. Conductor and earthwire pulling and stringing. 43

44 As the scope of the project is inconsiderable, each component can be completed in 3-6 months. Thus the impact will be on one crop time. Consider commencement right after harvest of annual crops, if possible, to minimize the project impacts. Temporary land acquisition for projects is 397,893 m 2, of these: - Thai Binh-Hai Phong 220kV transmission line: +Land for growing rice: m 2 +Land for growing fruits: 1 242m 2 +Residential land: 9 38Im 2 - Yen Bai 220kV substation and connections: Land for growing industrial trees: m 2 - Bac Ninh 220kV substation and connections: Land for growing rice: m 2 Statistics on the project temporary acquired land are in Table Impact on permanent land acquisition Permanent land acquisition for projects is 83,115 m 2, of these: - Thai Binh-Hai Phong 220kV transmission line: +Land for growing rice: m 2 +Land for growing fruits: 11 2m 2 +Residential land: 850m 2 - Yen Bai 220kV substation and connections: Land for growing industrial trees: m 2 - Bac Ninh 220kV substation and connections: Land for growing rice: m 2 Statistics on the project permanently acquired land are in Table Impact on houses and structures As mentioned above, the impact on households living in the line ROW is considered as most serious, not only the households are affected but much 44

45 compensation. Therefore, the survey teams had tried to avoid houses as much as possible. According to survey statistics, totally - 49 houses in the line ROW of 220kV Thai Binh-Hai Phong line will be affected,therein 40 houses affected completely,9 houses affected partially. Number of families will have to be moved is 2, number of affected people is houses in Yen Bai 220kV substation and line ROW of 220kV connections to Yen Bai 220kV substation will be affected, therein 9 houses affected completely,9 houses affected partially. Number of families have to be moved is 6 level with total area of 290m 2 and 3 temporary houses with total area of 89m 2. Number of affected people is 154. Statistics on Affected Structures are in Table

46 TABLE 4.4.1: STATISTICS ON CROPS, TREES WITHIN ROW U n it : m ' No Locality Agricultural land (m2) Residenti- Rice Fruits Industrial al land tree (2) (3) (4) (5) (6) I-THAI BINH-HAI PHONG 220KV TRANSMISSION LINE A THAI BINH PROVINCE DONG HUNG DISTRICT a Nguyen Xa commune b Dong La commune c Lien Giang commune QUYNH PHU DISTRICT a Quynh Xa commune b An Ap commune c An Quy commune d An Ninh commune B HAI PHONG CITY VINH BAO DISTRICT a An Hoa commune b Tan Hung commune c Trung Lap commune d Viet Tien commune e Giang Bien commune TIEN LANG DISTRICT a Tien Cuong commune b Tu Cuong commune AN LAO DISTRICT a Tan Vien commune

47 (1) (2) (3) (4) (5) (6) b Tan Dan commune c An Than commune_ d An Tien commune AN HAI DISTRICT a Quoc Tuan commune b Hong Thai commune KIEN AN DISTRICT a Quan Tru quarter TOTAL(A+B) II-YEN BAI 220KV SUBSTATION AND CONNECTIONS A YEN BAI PROVINCE _ I YEN BAI TOWN a Tan Thinh quarter = TOTAL(A) _ III-BAC NINH 220KV SUBSTATION AND CONNECTIONS A BAC NINH PROVINCE QUE VO DISTRICT a Viet Hung commune b Que Tan commune B BACGIANG PROVINCE YEN DUNG DISTRICT a Yen Lu commune TOTAL(A+B)

48 TABLE 4.4.2: STATISTICS OF CROPS, TREES ON TEMPORARY LAND ACQUISITION Unit : M2 No Locality Agricultural land (m 2 ) Residenti- Rice Fruits Industrial al land tree (2) I-THAI BINH-HAI PHONG 220KV TRANSMISSION LINE A THAI BINH PROVINCE DONG HUNG DISTRICT a Nguyen Xa commune b Dong La commune c Lien Giang commune QUYNH PHU DISTRICT a Quynh Xa commune b An Ap commune c An Quy commune d An Ninh commune B HAI PHONG CITY VINH BAO DISTRICT a An Hoa commune b Tan Hung commune c Trung Lap commune d Viet Tien commune e Giang Bien commune TIEN LANG DISTRICT a Tien Cuong commune b Tu Cuong commune AN LAO DISTRICT

49 (1) (2) (3) (4) (5) J (6) a Tan Vien commune b Tan Dan commune c An Thang commune d An Tien commune AN HAI DISTRICT a Quoc Tuan commune b Hong Thai commune KIEN AN DISTRICT a Quan Tru quarter TOTAL(A+B) II-YEN BAI 220KV SUBSTATION AND CONNECTIONS A YEN BAI PROVINCE YEN BAI TOWN a Tan Thinh quarter = TOTAL(A) III-BAC NINH 220KV SUBSTATION AND CONNECTIONS A BAC NINH PROVINCE QUE VO DISTRICT a Viet Hung commune b Que Tan commune B BACGIANG PROVINCE YEN DUNG DISTRICT a Yen Lu commune TOTAL(A+B)

50 TABLE 4.4.3: STATISTICS ON PERMANENT LAND ACQUISITION Unit: m 2 No Locality Agricultural land (m 2 ) Residenti-al Rice Fruits Industri land al tree (1L )(2) (3) (4) (5) (6) I-THAI BINH-HAI PHONG 220KV TRANSMISSION LINE A THAI BINH PROVINCE DONG HUNG DISTRICT a Nguyen Xa commune b Dong La commune c Lien Giang commune QUYNH PHU DISTRICT a Quynh Xa commune b An Ap commune c An Quy commune d An Ninh commune B HAI PHONG CITY VINH BAO DISTRICT a An Hoa commune b Tan Hung commune c Trung Lap commune d Viet Tien commune e Giang Bien commune TIEN LANG DISTRICT a Tien Cuong commune b Tu Cuong commune AN LAO DISTRICT a Tan Vien commune

51 (1) (2) 3 (4) (5) (6) b Tan Dan commune c An Thang commune d An Tien commune AN HAI DISTRICT a Quoc Tuan commune b Hong Thai commune KIEN AN DISTRICT a Quan Tru quarter TOTAL(A+B) II-YEN BAI 220KV SUBSTATION AND CONNECTIONS A YEN BAI PROVINCE YEN BAI TOWN a Tan Thinh quarter TOTAL(A) III-BAC NINH 220KV SUBSTATION AND CONNECTIONS A BAC NINH PROVINCE QUE VO DISTRICT a Viet Hung commune b Que Tan commune 1211 B BACGIANG PROVINCE YEN DUNG DISTRICT 1736 a Yen Lu commune TOTAL(A+B)

52 TABLE 4.4.4: STATISTICS ON AFFECTED STRUCTURES No. Name Section Total Complete affection Partial affection Structures_ Total Type of house Aux. Resid. Total Type of house Aux. R: house Struc area house- Struc.. -holds (m2) holds Level 3 Level 4 Tern Level 3 Level 4 Temp Area Quan Area Qua Area Quan Area Quan Area Qua Are Qua (m2) tity (m2n) ntity (m2) tity (m2) tity (m2n) ntity a ntity 4{ (n) 2 _ (1I ) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) I-THAI BINH-HAI PHONG 220KV TRANSMISSION LINE A Thai Binh Province , Oong Hung District I a LienGiangCommune G11-G Quynh Phu District , "' a An ap Commune G13-G b AnNinhCommune G15-G , ()4 B Hai Phong City , ,050 28, ,0-4 1 Vtnh Bao District ,636 _ a An Hoa Commune G15-G , b Giang Bi6n Commune G19-G ,062 2 Tien Ldng District , i77 709n a Tu Cubng Commune G22-G , : 3 AnLdoDistrict , a Tan Dan Commune G24-G ,151 52

53 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (29' b An Thang Commune G25-G , (' ( c An Tie'n Commune G26-G , An Hdi District , (,I) a Qu6c TuSn Commune G30-G , () b H6ng Thai Commune G31-G ,760 5 Kien An District ,500 _ a Quan Tru quarter G33-End ,500 Total (A+B) _ , , ,159 29, ,734 II-YEN BAI 220KV SUBSTATION AND CONNECTIONS A Yen Bai province 18 9 = = ) _ Yen Bai town 18 9 _ ' a Tan Thinh quarter = Total (A) 9 = III-BAC NINH 220KV SUBSTATION AND CONNECTIONS There are not houses in the location of substation and layout of line route of connections Total number of PAPs have to be moved is 8 only, therefore resettlement site development is not required. PAPs would opt for land or cash compensation for residential land, their option will be finalize by NPMB and district resettlement committees in the phase of RAP implementation 53

54 Chapter 6 IMPLEMENTATION ARRANGEMENT, 1. Implementation measures: 1.1. Information to PAPs All PAPs are entitled to be informed of the entitlement policy, compensation rates for each type of impacts, right to participate into land acquisition, avenue to grievances, etc. RIB shall be distributed to all PAPs or at meetings of provinces, districts, communes; be announced on television, radios, newspapers; be made public in places like CPC's offices, schools. Dissemination to people right after project approval of the government and WB. The content of the RIB are outlined below: 1. Date of project implementation 2. Eligibility and ineligibility to rights on compensation and resettlement 3. Principle on compensation for only PAPs that use the land before survey and official announcement of the state agencies for land acquisition 1.2. Time for compensation and resettlement As the project only has impacts on houses, structures, trees and crops, compensation payment shall be made only once for the entire loss. Compensation for land, houses and trees, crops shall be made prior to land acquisition. 2. RAP implementation process RAP activities are classified into 3 types: a. Overall activity: takes place only once at beginning of the project implementation b. Separate activity: takes place at beginning of each project component implementation c. Continuous activity: takes place continuously during RAP implementation Basic activities of project Activity. 54

55 Right after approval of the RAP, PMB must select and contract an independent monitoring organization, the organization shall be approved by EVN and WB. Activity 2: Basing on the contract requirement of PMB, the involved provinces shall decide to start RAP programs. Activity 3: DRBs shall obtain statistics on affected assets and specify the compensation rates, check and adjust, if necessary, the compensation according to the unit price and equivalent cost. Activity 4: Upon completion of statistics works, DRBs shall review and specify the exact number of PAPs, affected assets and total compensation for PAPs; at the same time review and specify the compensation unit. Activity 5: RBs shall inform RAP policies, project schedule and information on RAP implementation for PAPs in the meetings. Such advices include issues relating to compensation and resettlement program. Activity 6: Compensation payment to PAPs having houses affected first, help them to repair houses and stable their lives. Then comes compensation for other properties. Temporary LURCs shall be granted to all PAPs and permnanent LURCs shall be given to their representatives. Activity 7: During all implementation process, IMO, independent monitoring organization shall monitor the project implementation, propose keys for problems. 3. Implementation schedule One of RAP stipulations are that RAP shall be carried exactly what has been proposed to ensure clearance for project construction. The implementation schedule must ensure that the compensation schedule and construction schedule are matched. The compensation payment shall be done prior to the start of the relevant project components. 55

56 56

57 I. THAI BINH-HAI PHONG 220KV TRANSMISSION LINE PROJECT SCHEDULE No Description _ I II III IV I It III IV I II III IV I II III IV I II Ill lv (1 (2) 1 3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) 1 Data survey on FS, RAP, EIA 2 Completion of FS, _ RAP, EIA 3 Approval of FS..- 4 Survey, completion of Detailed Engineering Design 5 Preparation of Bidding Document for procurement of equipment 6 Preparation of Bidding Document for civil works 7 Bidding for works _

58 (1 (2) (3) (4) (5) (6) 7 (8) ([ (1) (11 ) (1 (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) 8 Establishment of CRB, DRB, PRB and Monitoring Organisations. 9 Preparation of compensation data on households 10 Accuracy of compensation Unit Price (CUP) for HHs 11 Application of CUP for HHs 12 Payment of Allowances 13 Site Clearance 14 Construction 15 Monitoring _ = 16 Completion 17 Disbursement 18 Delayed works 19 Project summary I_

59 II. YEN BAI 220KV SUBSTATION AND CONNECTIONS No Description I Ill IV II Ill IV _ I _ II Ill IV _ I _ III lv I I IIll IV (1L (2) (L3 (4) (5L (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19)(20) (21) (22) 1 Data survey on FS, RAP, EIA 2 Completion of FS,_. 3 Approval of FS= = _= = 4 Survey, completion of Detailed Engineering Design Preparation of Bidding Document for procurement of equipment- - _ - 6 Preparation of Bidding Document for civil works 7 Bidding for works _

60 8 Establishment of CRB, DRB, PRB and Monitoring Organisations. 9 Preparation of compensation data on households 10 Accuracy of compensation Unit Price (CUP) for HHs.- 11 Application of CUP for HHs 12 Payment of Allowances 13 Site Clearance 14 Construction 15 Monitoring 16 Completion _ 17 Disbursement _ 18 Delayed works 19 Project summary.

61 IlIl. BAC NINH 220KV SUBSTATION AND CONNECTIONS No Description I - - Ill IV I II I ll IV I II Ill IV I II I ll IV I II I ll IV (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (12) (13) (14) (15) (16) (17) (18) (19 (20) (21) (22) 1 Data survey on FS, RAP, EIA 2 Completion of FS, RAP, EIA. 3 Approval of FS 4 Survey, completion of Detailed Engineering Design 5 Preparation of Bidding Document for procurement of equipment 6 Preparation of Bidding Document for civil works 7 Bidding for works T_1

62 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) 8 Establishment of CRB, DRB, PRB and Monitoring Organisations 9 Preparation of compensation data on households 10 Accuracy of compensation Unit Price (CUP) for HHs 11 Application of CUP for HHs 12 Payment of Allowances 13 Site Clearance 14 Construction 15 Monitoring 16 Completion 17 Disbursement 18 Delayed works 19 Project summary :-

63 Chapter 7 PARTICIPATION AND CONSULTATION 1. Objectives of the information campaign and consultation program Informnation dissemination to, consultation with and participation of affected people and involved agencies (i) reduce the potential for conflicts, (ii) minimize the risk of project delays, and (iii) enable the project to design the resettlement and rehabilitation program as a comprehensive development program to fit the needs and priorities of the affected people, thereby maximizing the economic and social benefits of the project investment. The objectives of the Public Infornation Campaign and PAP Consultation Program are as follows: - To share fully information about the proposed project, its components and its activities, with the affected people. - To obtain information about the needs and priorities of the effected people, as well as information about their reactions to proposed policies and activities. - To obtain the cooperation and participation of the affected people and communities required to be undertaken for resettlement planning and implementation. - To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation. There are two phases of the public information campaign and PAP consultation: Phase I: RAP preparation During resettlement planning and RAP preparation activities. This phase consisted of line route selection: detailed measurement survey (DMS) of affected assets, and identification of strategies for relocation. Phase II: RAP implementation During the implementation of resettlement and rehabilitation activities. This phase will consist of information dissemination and consultation regarding: resettlement policies and procedures; calculation and payment of compensation; relocation options, sits and designs, resettlement site and house construction, and clearance from the project area. 63

64 7.2 Phase I: Information campaign, PAP & agency consultation during resettlement planning and RAP preparation During phase I, the phase of detailed resettlement planning and RAP preparation, the following activities were carried out sequentially: Phase I-Activity 1: Information & discussion with local authorities on the line routes. After studying maps and visiting the site, PECC 1 had envisaged a preliminary route on 1/50,000 scale map. This map was sent to all locations passed by the line and relevant local authorities. The local authorities have agreed on the project line routes. This activity was carried out in 4. 6/2001. Phase I - Activity 2: Impact survey and statistics Based on the agreed line routes, survey teams had realized the routes at sites, made the piling and coordinated with the commune officials to make a list of PAPs' affected land and crops. The socio-economic survey forms were delivered to affected households (for each conmmune) as basis for SLS. This activity was carried out in 4 6/2001. Phase I - Activity 3 : Meetings with PAPs When the survey finished, PECC 1 in coordination with the commune officials held meetings with PAPs having land in the line ROW and with commune representatives. In these meetings, PECC 1 officials informed the participants of the project purposes; presented the project impacts on land and crops in detail; introduce the principles and policies of compensation and advised people not to build new structures in the line ROW. PAPs were consulted on the entitlement policy and the compensation in cash had been accepted. Phase I - Activity 4: Meetings with the concerned PPCs After working with the communes, in 6/2001 PECC 1 had sent missions to work with the provincial functional agencies such as Financial and pricing service, Planning and investment service, Agriculture and rural development service, etc. and make the project purposes clear to PPCs; at the same time discuss with local officials on the aims and principles of ground clearance, on the proposed policies of RAP, legal and illegal issue, grant of LURC in the localities and the local organization working on resettlement and compensation; collect the local compensation rates for land and crops. Phase I - Activity 5: Consultation on RAP Basing on the survey result, PECCI shall prepare RAP to submit to EVN, WB and concerned PPC for revision. All comments shall be taken into consideration, incorporated in the next version for approval by relevant authorities. 64

65 Phase I - Activity 6: Approval of RAP The revised RAP shall be submitted to WB for approval. EVN shall ask the provincial authority for approval of RAP policies to enforce them in the province. This shall be legal basis for RAP implementation. 7.3 Information campaign & consultation during resettlement implementation Phase II - Activity 1: Information dissemination and training of RBs After the signing of the loan agreement, the first resettlement activity is to sign contract with PRBs on resettlement implementation. CPPMB will provide local RBs at all levels with information on policies for PAPs, detailed information about RAP policies and implementation procedures of local meetings. This activity will take place in 6/2003. Phase II - Activity 2 : Information on resettlement document and compensation form distribution to PAPs before starting another DMS: Local RBs will carry out an additional DMS to make a detailed compensation form for PAPs as basis for preparing. The following activities must be implemented before starting the additional DMS: * Activity 2a: Distribution of compensation forms for lost assets and resettlement infornation booklets (RIBs) to PAPs. RIBs described in item 7.4 will be distributed to PAPs together with a form for listing lost assets. Additionally, they are given by radio, TV, local broadcasting means, posted public notices at the offices of commune people's committee and DRBs. * Activity 2b : After distributing RIBs and compensation forms, RBs of all communes should organize meetings to explain RIB and instruct PAPs to list their affected assets in the compensation forms. Meeting invitations must be given to PAPs. Time, place of the meeting must be informed by local broadcasting means and posted public notices. In these meetings, PAPs can raise their questions on any resettlement issues. Such meetings is scheduled in 7/2003. Phase II - Activity 3: Meeting with PAPs on compensation payment. After getting statistics on lost assets in the line ROW, organize meeting with PAPs to introduce the compensation rates for different impacts. Table of compensation rates will be posted in the offices of commune people's committees. At the meeting PAPs can comment on the proposed compensation rates. Disagreement on compensation rates will be noted down and collected for consideration. Recommendations, if any, will be sent to PAPs for revision and modification if necessary. 65

66 Besides, PAPs will be informed of time, location and process of compensation payment for the damages. The meeting is scheduled by late 9/2003. Phase II - Activity 4: Application of compensation price. The adjusted compensation rates are proposed to be made valid by DRBs and district RBs in 10/2003. PAPs who agree with compensation price for their assets will sign on the compensation form. Disagreement comments will be recorded. By 11/2003, a meeting for solving grievances and appeals will be held. Disagreement comments will be recorded and report to the higher level for settlement in accordance with appeal procedure mentioned in chapter 8 of this RAP. Phase II - Activity 5: Information to local authorities on implementation schedule Inform commune authorities and PAPs about construction schedule and procedures as well as the project schedule. PPSs will keep the commune and district RBs informed of schedule for the project components concerning each locality. Commune and district RBs must coordinate with PPSs to ensure that all PAPs know well about compensation and implementation schedule 7.4 Resettlement information booklet To ensure that PAPs, their representatives and the local governments of the affected areas fully understand the details of the resettlement program, and also are informed about the compensation and rehabilitation packages applicable to the project, a resettlement information booklet (RIB) will be prepared by CPPMB, and will be distributed to all PAPs in the project area in the initial duration of the implementation stage of the project. The content of the RIB are outlined below: - Project basic description - Description of the main project components to be constructed in the area - Project design objectives - Implementation schedule - Project impacts - Rights and entitlements of the Affected people - Institutions Responsible for Resettlement - Information Dissemination to and Consultation with the Affected People - Grievances and appeals - Independent Monitors 66

67 - Specific entitlements of the affected households - Description of the detailed impact of the project on the specific household - Compensation rates for each types of impact - Alternatives for resettlement and life restoration - Date of delivery of entitlements. 67

68 Chapter 8 GRIEVANCE AND APPEALS Since the entire resettlement and Rehabilitation program is being carried out with the participation of the PAPs and the impacted scale of this project will be relatively small, it is expected that no grievance issue will arise. However, to ensure that the PAPs have avenues for redressing their grievances related to any aspect of compensation and resettlement, detailed procedures of redresses of grievances have been established for the project. The objective is to respond to the complaints of the PAPs speedily and in a transparent manner. The mechanism is designed to be easy, transparent and fair. The purpose is to grievance issues in an effective manner. By resolving grievances at the project level, the progress of the project would be more effective ascertained. The procedures are as follows: Stage 1: If any person is aggrieved by any aspect of the resettlement and rehabilitation program, he/she can lodge an oral or written grievance with the CRBs. In case an oral compliant is made, it will be written on paper by the commune unit and processed. CRB will resolve the issue within two week. Stage 2: Unless all grievance issues have been resolved, ground clearance can be started. All aggrieved persons must obey DPC's decision. If any Aggrieved person is not satisfied with the decision in stage 1, he/she can bring the complaint to the attention of the within one month from the date of the receipt of the decision in stage 1. DRB will reach a decision on the complaint within two weeks. Stage 3: If the PAP is dissatisfied with the decision, he/she can bring the complaint to the attention within 1 month of receiving the decision of the DRB without being charged. DRB will reach a decision on the complaint within two weeks. Stage 4: If the PAP is still dissatisfied with the decision, he/she can appeal to the People's Court (PC) in accordance with the "Civil Procedure Act" within 15 days of receiving the decision of the PRB without being charged. DRB will reach a decision on the complaint within two weeks. PC decision will be a legal basis for compensation. 68

69 PAPs can make an appeal on any aspect of the resettlement and rehabilitation program, including compensation rates being offered. Detailed procedures for redress of grievances and appeal process shown publicized among the PAPs during participation meetings and also in the offices of RBs. This information is also incorporated into the RIB to be distributed to the PAPs before the beginning of implementation. 69

70 Chapter 9 MONITORING AND SUPERVISION PMB shall coordinate with the local PC on regular monitoring and supervision of the project implementation. An IMO shall undertake internal monitoring. The IMO shall be approved by PMB and WB. Proposed for internal monitoring task are: 1. Agencies of science, technology and environment 2. Social and scientific research department of Da Nang or Tay Nguyen universities The IMO shall be approved and start monitoring all activities from beginning date. 9.1 Internal Monitoring and Supervision Internal Monitoring will by done by the Project Management Board (NPMB) Internal monitoring and supervision cover the following works: a. Survey on population, socio-economy as well as assets, career, living condition of PAPs; meanwhile monitor and supervise the implementation of compensation policy, resettlement, and restoration of living standard for PAPs. b. Check weather the resettlement activities and compensation policy are exactly as stipulated in RAP c. Check quality of replacement land d. Prompt supervision of resettlement implementation, compensation policy and replacement land are exactly as stipulated in RAP e. Study and evaluate each grievance case f. NPMB shall prepare a detail quarterly report on RAP implementation to see if it is in compliant with reports of officials of government, WB and external monitoring organization or not. 70

71 9.2. Independent Monitoring and Supervision Beside assessing the detail report given by NPMB, the independent monitoring organization has the following functions: a. Overall assessment of the survey on affected assets and socioeconomy. b. Evaluation of impact on socio-economic condition of PAPs c. Supervision of RAP implementation to complete the project aims, especially to improve living condition of PAPs or at least to maintain benefit after resettlement. d. Correct adjustment of RAP implementation to complete the project aims e. Comment on improvement of RAP programs f. Strict supervision of compensation policies and preparation of report on individual grievance cases g. Compilation of report on activities to submit to PMB and WB every 3 months to see weather the process are in compliant with policies of the government, WB, PAPs' representatives. h. After completion of compensation and resettlement program, a complete report assessing RAP and implementation of the whole program. The report shall base information on PAPs' interview to find out their difficulties and advantages after compensation receipt or resettlement. Recommend to WB and relevant state bodies to give them further assistance for coping with later difficulties and stablizing life soon. The qualified institution for monitoring will be selected by NPMB, approved by the World Bank. The ToR for independent monitoring will be developed by NPMB, acceptable to the world Bank. The independent monitoring agency will prepare semi-annual report, submit to NPMB and the World Bank. 71

72 Chapter 10 BUDGET Flow of fund Fund for land acquisition and resettlement will be from the local budgets. The Provincial Investment Department will transfer money to PRBs and then money will be transferred to the following agencies: areas. - DRBs: compensation for PAP, payment for ground clearance in their - Other institutions engaging in resettlement activities: IMO and those providing training services. - DRBs receive money from PRBs and will be responsible for : (a) payment of compensation directly to affected persons for lost of land, crops, trees and structures, allowance (b) payment of compensation for permanent land acquisition. - Payment for district RBs to cover costs of resettlement activities Inflation adjustment The cost estimates are based on 6/2001 prices. The rates of compensation and cash entitlements for rehabilitation and allowances payable to the affected persons will be adjusted annually, based on the actual annual inflation rate upon request of RBs Implementation, administration and contingencies costs Preparation costs include costs already made for land demarcation, spotting and DMS. They include also the costs of training for various resettlement boards (PRB, DRB, CRB); payment (Salaries, per diem) for resettlement boards; payment to conduct necessary surveys; and payment to conduct monitoring Prices used for cost estimation of land acquisition and resettlement. Compensation for land and crops shall be at the market price. At present, each province establishes its own quotation for land in accordance with the price ranges indicated in Decree 87. Therefore, these unit prices may not correspond to the market price or replacement cost and shall be readjusted suitably. All unit prices shall be reviewed and, if necessary, adjusted again at DMS time. 72

73 COMPENSATION COST FOR THAI BINH - HAI PHONG 220KV TRANSMISSION LINE Unit=VND No Item Unit Quantity Unit price Price A Compensation cost: ( ) 2,304,687,100 1 Permanent land acquisition: 685,274,700 a Agricultural land. 532,274,700 Rice m 2 27,467 19, ,113,100 Fruit M ,300 2,161,600 b Residential m , ,000,000i 2 Compensation for crops, trees: (a + b+c) 1,107,212,400 a Permanent land acquisition: 76,974,100 Rice m2 27,467 2,300 63,174,100 Fruit trees tree ,000 13,800,00() (138 trees on 112 m 2 ) b Temporary land acquisition 849,438,300 Rice rn 2 303,321 2, ,638,300 Fruit trees tree 1, , ,800,000 (1 518 trees on Mi 2 ) c Compensation for safety cleareance in the 180,800,000 ROW Fruit trees tree 1, , ,800,000 3 Compensation for house and other 512,200,000 structures (a + b) a Houses and structures 290,200,000 Partly affected houses (09 HH) m ,000 9,400,000 Fully acted houses and have to (40HH) m 2 1, , ,800,000 b Cost for resettlement 222,000,000 Transport allowance for HH have to be house 2 2,000,000 4,000,000 moved hold Resettlement allowance (40 HH) house ,000* 216,000,000 hold 6 Subsidiary for households with special house 1 2,000,000 2,000,000 entitlement hold 73

74 B Implementation cost 1,401,475,980 1 Data collection 96,975,980 2 Cost for RAP preparation 234,000,000 3 Cost for compensation council 850,500,000 4 Training cost for member of RP 70,000,000 5 Cost for independent supervise 150,000,000 Total (A + B): 3,706,163,800 C Contingency cost 15% (A+B) 555,924,570 D Reserve for inflation, escalation 370,616,380 10%(A+B) Total 4,632,704,750 Notes: Cost for RAP preparation (Item B.2 above) was paid by EVN for PECC1 (according to the contract between EVN and PECCI), so the remain cormpensation costs are: (ROUND - B.2): 4,632,704, ,000,000=4,398,704,750 VND 74

75 COMPENSATION COST FOR YEN BAI 220 KV SUBSTATION AND CONNECTIONS No Item Unit Quantity Unit price Total _ ~~~ ~ ~~~~~~VND A COMPENSATION COST 2,48,880,000 I. Permanent acquired area 643,655,000 Land m 2 33,350 19, ,655,000 II. Crops, trees, houses on land 1,835,225,000 a Crops and trees on permanent 1,042,825,000 acquired area 1 Industrials trees m 2 33,350 19, ,325,000 2 House m ,200, ,000,000 3 Temp house m ,000 44,500,000 b Crops and trees on temporaly 80,000,000 acquired area 1 Industrials trees m 16,000 5,000 80,000,000 c High trees in ROW 300,000,000 1 Industrials trees m 2 60,000 5, ,000,000 d Relocation post-support: 186,400,000 1 Transport allowance House 9 2,000,000 18,000,000 hold 2 Resettlement allowance 120,000,000 3 Encourage agriculture training (6 House 9 3,600,000 32,400,000 month) hold 4 Additional support (temp) House 8 2,000,000 16,000,000 hold B. IMPLEMENTATION COST: 266,525,000 1 Survey, investigation data collection 15,000,000 2 Rap preparation 132,753,000 3 Cost for RBs: 3.0% of construction 68,772,000 cost 4 Independent supervise 30,000,000 5 Training cost for relocation 20,000,000 management board SUM (A + B) 2,745,405,000 C. SPARE AND CONTINGENCIES 274,540,500 COST (estimate at 10% (A + B) 75

76 D. ESCALATION ESTIMATE AT 274,540,500 10% (A + B) l _I TOTAL - _. _- 3294,486,000 Notes: Cost for RAP preparation (Item B.2 above) was paid by EVN for PECCI (according to the contract between EVN and PECCI), so the remain compensation costs are: (TOTAL - B.2) 3,294,486, ,753,000 = 3,161,733,000 VND 76

77 COMPENSATION COST FOR BAC NINH 220 KV SUBSTATION AND CONNECTIONS No Item Unit Quantity Unit price Total VND VND A COMPENSATION COST 911,152,400 I. Permanent acquired area 430,351,400 Land m 22,298 19, ,351,400 I1. Crops and trees on land 480,801,000 a Crops and trees on permanent 51,285,400 acquired area 1 Rice m2 22,298 2,300 51,285,400 b Crops and trees on temporaczy 180,715,600 acquired area 1 Rice m2 78,572 2, ,715,600 d Relocation post-support: 248,800,000 1 Resettlement allowance 120,000,000 2 Encourage agriculture extension 28 3,600, ,800,000 trainning (6 month) 3 Additional support (temp) 14 2,000,000 28,000,000 B. IMPLEMENTATION COST: 230,746,000 1 Survey, investigation data collection 15,000,000 2 Rap preparation 130,706,000 3 Cost for RBs: 3.0% of construction 35,040,000 cost 4 Independent supervise 30,000,000 5 Training cost for project 20,000,000 management board SUM (A + B) 1,141, C. SPARE AND CONTINGENCIES 114,189,840 COST (estimate at 10% (A + B) D. ESCALATION ESTIMATE AT 114,189,840 10% (A + B) 77

78 TOTAL 1,370,278,000 Notes: Cost for RAP preparation (Item B.2 above) was paid by EVN for PECCI (according to the contract between EVN and PECCI), so the remain compensation costs are: (TOTAL - B.2) 1,370,278, ,706,000 = 1,239,572,000 VND Total cost for RAP is 8,800,009,750 VND, equivalent to about 590,000 USD 78

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