SUB-PROJECT: OVERHEAD LINE BAY EXTENSION AT 500kV QUANG NINH SUBSTATION AND 500kV HIEP HOA SUBSTATION

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized NATIONAL POWER TRANSMISSION CORPORATION CENTRAL VIETNAM POWER PROJECT MANAGEMENT BOARD RESETTLEMENT PLAN (RP) SUB-PROJECT: OVERHEAD LINE BAY EXTENSION AT 500kV QUANG NINH SUBSTATION AND 500kV HIEP HOA SUBSTATION PREPARED BY POWER ENGINEERING CONSULTING JOINT STOCK COMPANY 3 Public Disclosure Authorized (FINAL VERSION) Jan., 2014.

2 NATIONAL POWER TRANSMISSION CORPORATION CENTRAL VIETNAM POWER PROJECT MANAGEMENT BOARD RESETTLEMENT PLAN (RP) SUB-PROJECT: OVERHEAD LINE BAY EXTENSION AT 500kV QUANG NINH SUBSTATION AND 500kV HIEP HOA SUBSTATION PREPARED BY POWER ENGINEERING CONSULTING JOINT STOCK COMPANY 3 (FINAL VERSION) HCM city, Jan., 2014 POWER ENGINEERING & CONSULTING JOINT STOCK COMPANY NO. 3 GENERAL DIRECTOR

3 TABLE OF CONTENTS 1. INTRODUCTION Transmission Efficiency Project (TEP) Subproject of overhead line bay extension at Quang Ninh and Hiep Hoa 500kV substations Technical specification of substation Technical parameters of connection lines Objectives of Resettlement Plan LEVEL OF IMPACTS OF THE SUBPROJECT Determination of the subproject's impacts Determination of affected scope/area of the subproject Determination of affected people (APs) by the subproject Types of the subproject's impacts Productive land Residential land Houses Grave Trees Temporary impacts LEGAL FRAME WORK AND COMPENSATION POLICY Legal framework Policies of Vietnam Policies of WB Compatibility between policies of Government and the World Bank and require wavers Compensation policy Principles Policies on compensation, assistance and resettlement applied to the subproject COMPENSATION, ASSISTANCE AND RESETTLEMENT Compensation Compensation unit prices for land Compensation unit prices for houses and structures Compensation unit prices for trees and crops Assistances and rehabilitation Resettlement PECC3 Page 3

4 5. PUBLIC CONSULTATION AND PEOPLE S PARTICIPATION Public consultation and people s participation Disclosure Grievance redress mechanism SUPERVISION, MONITORING AND VALUATION Internal monitoring and supervision Independent monitoring Reporting condition IMPLEMENTATION SCHEDULE Implementation responsibility Implementation schedule COSTS Basis of cost calculations Replacement Cost Survey Cost estimation for implementation of RP ANNEXES Annex 1: Map of the subproject's location Annex 2: Entitlement Matrix Annex 3: Location/Site agreement Annex 4: Photos and Minutes of meetings on public consultation PECC3 Page 4

5 ABBREVIATION AND DEFINITION Abbreviations are applied on the following principles: - Using popular abbreviations For example: PC: People s Committee, CRC: Compensation and Resettlement Committee - Using the shortest form for particular phrases For example: RP: Resettlement Plan APs: Affected persons by the subproject APs CPC CRC CPPMB DMS DPC EVN GRM HCM HH NPT PECC3 PPC ROW RP SS TEP T/L VND WB Affected persons by the subproject Commune People s Committee Compensation and Resettlement Committee Central Power Project Management Board Detail measurement survey District People s Committee Vietnam Electricity Grievance redress administrative Ho Chi Minh Household National Power Transmission Corporation Power Engineering and Consulting joint-stock company No.3 Provincial People s Committee Right of way Resettlement Plan Substation Transmission Efficiency Project Transmission line Viet Nam Dong World Bank Temporarily affected land: is land underlying safety corridor of high voltage grid (according to Decree No.81/2009/ND-CP dated 12-Oct-2009) so using ability of land can be restricted and affected during construction of stretching cables. Temporarily affected houses/structures: Houses/structures underlying safety corridor of high voltage grid (according to Decree No.81/2009/ND-CP dated Oct. 12, 2009) so using ability of houses/structures can be restricted and owners' daily activities are also affected. PECC3 Page 5

6 LIST OF TABLES Table 1.1 Items of the subproject Table 2.1 Number of AHs by the subproject Table 2.2 Number of AHs and APs based on the local boundary Table 2.3 Productive land acquisition Table 2.4 Residential land acquisition Table 2.5 Dismantled houses (relocated) Table 2.6 Removed grave Table 2.7 Permanently affected trees Table 2.8 Temporary impacts on productive land Table 2.9 Temporary impacts on residential land Table 2.10 Temporarily affected houses and structures (no relocation) Table 3.1. Comparison of Vietnam s and World Bank s Policies related to Involuntary Resettlement Table 4.1 Compensation unit prices for land Table 4.2 Compensation unit prices for houses and structures Table 4.3 Compensation unit prices for trees and crops Table 4.4 Assistance unit prices for land in the ROW Table 5.1 Public consultation Table 6.1: Main activities for internal monitoring and evaluation Table 8.1 Cost of compensation Table 8.2 Cost of assistances Table 8.3 Total cost for RP implementation LIST OF FIGURES Figure 1.1 Location of connection lines with Quang Ninh 500kV substation Figure 1.2 Location of Hiep hoa 500kV substation PECC3 Page 6

7 SUMMARY The subproject of Overhead Line Bay Extension at Quang Ninh and Hiep Hoa 500kV substations is one of the transmission efficiency projects (TEP). Location of the subproject is as follows: - Expanding the existing Quang Ninh 500kV substation and building connection lines in Thong Nhat commune, Hoang Bo District, Quang Ninh Province. - Upgrading the existing Hiep Hoa 500kV substation in Dai Thanh commune, Hiep Hoa district, Bac Giang province. Sub-project includes the main components divided by location as follows: In Thong Nhat commune, Hoang Bo District, Quang Ninh Province: - Expanding 500kV Quang Ninh Substation: + Expanding area of substation (50m x 353m) = m 2. + Installing equipment for 500kV transmission line bay including circuit breakers, disconnecting switches, current transformers, voltage transformers, post insulators, surge arresters - Connection lines: + Building a new section of 500kV transmission line (single circuit) with 246m length to connect with Quang Ninh - Thuong Tin 500 kv transmission line (1 st circuit) and bay extension at 500kV Quang Ninh substation. + Transposing 3 sections of 500kV connection line (single circuit) with a total length of 1,116m before Quang Ninh 500kV substation area. + Hanging the 2 nd circuit line for one section of 500kV transmission line (under construction) with the length of 60m to connect with Quang Ninh Hiep Hoa 500kV transmission line and bay extension at Hiep Hoa 500kV substation. In Dai Thanh commune, Hiep Hoa district, Bac Giang province: - Upgrading the existing Hiep Hoa 500kV substation: + Installing equipment for bay of Quang Ninh 500kV transmission line (including circuit breakers, disconnecting switches, current transformers, voltage transformers, post insulators, surge arresters on the spare land area in the substation fence (B4.2). + Installing 500kV reactors, neutral reactor and switchgears. Construction time of subproject is estimated at about 6 months (not including time for clearance and compensation) from the beginning to start construction. Date of commencement of the construction is estimated at the first quarter in The sub-project will affect approximately 06 households (30 persons) in Thong Nhat commune, Hoang Bo District, Quang Ninh Province. Permanently affected land Category Household Person AHs have productive land required permanently more than PECC3 Page 7

8 Category Household Person 20% of total land or more than 10% for vulnerable group AHs have productive land required permanently less than 20% of total land or less than 10% for the poor and vulnerable group AHs have productive land required permanently from 30% to 70% of total area of the landholding. AHs have productive land required permanently more than 70% of total area of the landholding AHs have trees/crops affected permanently Number of AHs affected permanently Temporarily affected land AHs have temporarily affected land 1 5 AHs have trees/crops affected temporarily 1 5 Number of AHs affected temporarily 1 5 Number of AHs have to be relocated Permanent impacts: Land: (m 2 ) No. Province/district/ commune Civil road land Perennial tree land Ponds, streams Total 1. Quang Ninh province 1.1 Hoanh Bo district Thong Nhat commune , ,380 2 Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune Total , ,380 Residential land (m 2 ) No Province/district/commune Residential land 1 Quang Ninh province 1.1 Hoanh Bo district Thong Nhat commune Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune - Total 250 PECC3 Page 8

9 No. Tree: (tree) Province/district/ commune 1. Quang Ninh province 1.1 Hoanh Bo district Litchi Cajuput Thong Nhat commune Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune - - Houses/structures: Total STT Name of head of HH Type of structure Characteristic of structure Dimension Material of wall Material of roof Height Extension part of station 1 Luu Thi Sen Tile 6x9 Brick Tile 6 2 Pigsty Metal 3x8 Brick Metal 3 3 Luu Thi Sen s kitchen 4 Nguyen Huu Ha 5 Nguyen Huu Ha s kitchen Metal 5x6 Brick Metal 4 Reinforced concrete 7x9 Brick Metal 5x6 Brick Metal 4 6 Uninhabited Tile 6x9 Brick Tile 6 7 Pigsty Metal 4x9 Brick Metal 3 8 Grave Concrete 4x16 Brick 1.0 Connection line at Quang Ninh 500kV substation Relocation part (lying in ROW with width from 0-18m of transmission line route) Uninhabited house Metal 5x15 Metal 6 Pigsty Metal 3x6 Metal 2.5 Temporary impacts: Land: (m 2 ) 10 No. Province/district/ commune Annual crop land Perennial tree land Ponds, streams Total 1. Quang Ninh province 1.1 Hoanh Bo district PECC3 Page 9

10 No. Province/district/ commune Annual crop land Perennial tree land Ponds, streams Total Thong Nhat commune 11,010 36, ,000 2 Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune Residential land (m 2 ) Total 11,010 36, ,000 No Province/district/commune Residential land 1 Quang Ninh province 1.1 Hoanh Bo district Thong Nhat commune Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune - Houses/structures: Total 120 STT Name of head of HH Type of structure Characteristic of structure Dimension Material of wall Material of roof Height Part of no relocation (lying in the grounded corridor with width from 18-60m of transmission line route) Uninhabited house Metal 5x15 Metal 6 Pigsty Metal 3x6 Metal 2,5 The Resettlement Plan of the subproject Overhead Line Bay Extension at Quang Ninh 500kV substation and Hiep Hoa 500kV substation is prepared on the basis of the WB s OP 4.12 Involuntary Resettlement (OP/BP 4.12) and Resettlement Policy Framework of the Transmission Efficieny Project (TEP). Compensation payment for AHs is going to begin in the 4th quarter, Total estimated cost for implementation of RP is about VND 7,836,125,449 (this amount shall be updated at the time of the subproject implementation to ensure the compensation on the principle of replacement price). Budget for RP implementation shall be provided by NPT. PECC3 Page 10

11 I. INTRODUCTION 1.1. Transmission Efficiency Project (TEP) The National Power Transmission Cooperation (NPT) is developing Efficient Transmission Project (TEP) with funding from the World Bank (WB). The Project Development Objective (PDO) for TEP is to support the implementation of an investment programs to increase capacity of Vietnam s electricity transmission grid, improve efficiency and reliability of electricity services and strengthen the institutional capacity of the National Power Transmission Company. The direct beneficiary of the project would be Vietnam s electricity transmission company NPT. Indirect beneficiaries would include all segments of population. They would benefit from: (i) Improved reliability, which will reduce unserved demand and the number and duration of power outages; and (ii) Increased energy efficiency, which will reduce overall costs and GHG emissions. The project would also bring direct temporary benefits for skilled and unskilled workers that would be employed for the construction of the project. The proposed project is comprised of the following three components: (a) The Transmission Infrastructure Component will finance transmission lines and substations at voltage levels of 220kV and 500kV. The investments will target three areas that are key to the overall economic development of Vietnam, namely the Greater Hanoi Area, the Greater Ho Chi Minh City Area and the Mekong Delta. Investments at the 500kV level will help increase the transport capacity of the main 500kV trunk system while increasing its reliability. Investments at the 220kV level are aimed at increasing the capacity of the supply points to the distribution utilities and improve the reliability of the network that serves these points. (b) The Smart Grid Component will support modernization of monitoring, control, and protection equipment in 500kV and 220kV substations to improve the reliability of the interconnected power system as a whole and of some bulk-supply points in the distribution network. Today, 60 percent of the faults in substations are a consequence of faulty operations of monitoring, control, and protection equipment. Aided by monitoring and control gear, protection equipment: (i) detects - among other things - the locations and intensity of faults and, based on such information, determines what equipment should be disconnected to protect the system from damage; and (ii) decides when disconnected equipment should be reconnected to ensure that interruptions in the provision of electricity services are minimized. (c) The Capacity Building and Institutional Strengthening Component will contribute to the gradual development of NPT to become an independent transmission company with revenues from the application of cost-of-service regulation in the transmission sector. The steps to be supported in this operation include the definition of technical and financial performance indicators, the introduction of enterprise asset management systems and strategies. 2. Component 1 and Component 2 will be implemented by three management boards of NPT, Component 3 and a part of the component 2 will be implemented by NPT and ERAV Subproject of overhead line bay extension at Quang Ninh and Hiep Hoa 500kV substations The subproject of Overhead Line Bay Extension at Quang Ninh and Hiep Hoa 500kV substations will be built in Quang Ninh and Hiep Hoa provinces (please see figures 1.1 and location of subproject). PECC3 Page 11

12 This subproject will be invested to achieve the following purposes: - Meet the transmission need, release capacity of thermal power plants in Vietnam Northeast area to national network to meet load growth needs of the Northern as well as the whole country. - Ensure the reliability of electricity supply in the Northeast region, decrease capacity loss on electricity system; - Stabilize network of 550kV sector and improve power quality. The subproject includes the following items: - Expanding Quang Ninh 500kV substation and building 500kV connection line (total length of the line route is about 1,362m) in Thong Nhat Commune, Hoang Bo District, Quang Ninh Province. - Upgrading Hiep Hoa 500kV substation in Dai Thanh Commune, Hiep Hoa district, Bac Giang province. Province/district/ commune Quang Ninh province Hoanh Bo district Table 1.1 Items of the subproject Capacity Extension (m 2 ) Substation Installation at substation Thong Nhat commune 500kV 17,650 x Bac Giang province Hiep Hoa district Connection lines T/L new (m) 500kV 246 Conversion lines (m) 500kV kV kV 472 Dai Thanh commune 500kV x Technical specification of substation Location - At 500kV Quang Ninh Substation: Thong Nhat commune, Hoanh Bo district, Quang Ninh Province. - At 500kV Hiep Hoa Substation: Dai Thanh commune, Hiep Hoa district, Bac Giang Province Capacity and scale At 500kV Quang Ninh Substation: (500kV) + Extension area of substation: 50m x 353m = 17,650m 2 PECC3 Page 12

13 + Expanding 3/2 block, installing 2 circuit breakers, equipment installed for 500kV overhead line bay extension (B11) in this phase (including circuit breakers, disconnecting switches, current transformers, voltage transformers, tower insulators, surge arresters) and in the extension area. + Transposing the existing line to connect with new extension bay (B11). Using the B02 bay to connect with 500kV Hiep Hoa transmission line (2nd circuit); + Installation of 500kV reactor, neutral reactor and switchgears at bay B02 (used to connect with 500kV Hiep Hoa transmission line (2nd circuit)); + System of control - measurement - automatic and protection devices, SCADA system and disconnecting transmission for new bay (B11) synchronously installed in the project of "Quang Ninh - Mong Duong 500kV transmission line ". - At 500kV Hiep Hoa Substation + Install equipments of Quang Ninh 500kV line bay (B4.2) including circuit breakers, disconnecting switches, current transformers, voltage transformers, post insulators, surge arresters on spare land inside substation fence; + Install 500kV reactors, neutral reactor and switchgears at B4.2 bay Technical parameters of connection lines Section 1: new 500kV transmission line connecting with the 1st circuit of Quang Ninh - Thuong Tin 500kV transmission line at Quang Ninh 500kV substation. No. ITEMS PARAMETER 1 Voltage level 500 kv 2 Number of circuits 3 Starting point 4 End point 01 (new) 5 Length of the line 246m 6 Conductor 7 Lightning conductor 8 Insulator Glass or ceramic 9 Tower 10 Foundation 11 Ground line 500kV busbar of 500kV bay extension at the Quang Ninh 500kV substation (belongs to the project) New tower 02M-1 (lying between two towers of the existing Quang Ninh Thuong Tin 500kV transmission line, far from tower 02 about 102m) Aluminium conductor steel -reinforced, dividing phases 4xACSR330/42 Aluminium alloy conductor steel -reinforced PHLOX-147 Galvanized steel single circuit (built at 3 towers' position: 01M, 02M-1 and 02M-2) Reinforced concrete cast-in-place (built at 3 towers' position: 01M, 02M-1 and 02M-2) Galvanized steel type of rod-ray compound (built at 3 towers' position: 01M, 02M-1 and 02M-2) PECC3 Page 13

14 Section 2: transposing the second circuit of the Quang Ninh - Thuong Tin 500kV transmission line connecting with the Quang Ninh 500kV substation. No. ITEMS PARAMETER 1 Voltage level 500 kv 2 Number of circuits 01 (Only implementing for hanging cables) 3 Starting point 4 End point Tower 01-1 of the existing Quang Ninh - Thuong Tin 500kV transmission line New tower 02M-2 ((lying between two towers of the existing Quang Ninh Thuong Tin 500kV transmission line, far from tower 02 about 102m) 5 Length of the line 212m 6 Conductor Aluminium conductor steel -reinforced, dividing phases 4xACSR330/42 7 Lightning conductor Aluminium alloy conductor steel -reinforced PHLOX Insulator Glass or ceramic 9 Tower Existing (was built in section 1) 10 Foundation Existing (was built in section 1) 11 Ground line Existing (was built in section 1) Section 3: transposing the first circuit of the Quang Ninh - Hiep Hoa 500kV transmission line connecting with the Quang Ninh 500kV substation No. ITEMS PARAMETER 1 Voltage level 500 kv 2 Number of circuits 01 (Only implementing for hanging cables) 3 Starting point Busbar 500kV of Thuong Tin 500kV bay(2nd circuit) at the existing Quang Ninh 500kV substation. 4 End point Tower 02-1 of the Quang Ninh - Hiep Hoa 500kV transmission line under construction. 5 Length of the line 432m 6 Conductor Aluminium conductor steel -reinforced, dividing phases 4xACSR330/42 7 Lightning conductor Alunium alloy conductor steel -reinforced PHLOX Insulator Glass or ceramic 9 Tower Existing (is being built in another project) 10 Foundation Existing (is being built in another project) 11 Ground line Existing (is being built in another project) PECC3 Page 14

15 Section 4:: transposing the second circuit of the Quang Ninh - Hiep Hoa 500kV transmission line connecting with the Quang Ninh 500kV substation No. ITEMS PARAMETER 1 Voltage level 500 kv 2 Number of circuits 3 Starting point 4 End point 5 Length of the line 472m 6 Conductor 7 Lightning conductor 8 Insulator Glass or ceramic 01 (Only implementing for hanging cables) Bus bar 500kV of Hiep Hoa 500kV bay(1st circuit) being built at the Quang Ninh 500kV substation. Tower 02-2 of the Quang Ninh - Hiep Hoa 500kV transmission line under construction Aluminums conductor steel -reinforced, dividing phases 4xACSR330/42 PHLOX-147 (is being built in another project) 9 Tower being built in another project. 10 Foundation being built in another project. 11 Ground line being built in another project Objectives of Resettlement Plan The Resettlement Plan is established for the following objectives: - Involuntary resettlement must be avoided where possible, or be reduce to the lowest possible extent by selecting appropriate design options. Where involuntary resettlement is unavoidable, the resettlement activities must be prepared and executed with sustainable development programs and sufficiently provided investment supports, enabling displaced people to benefit from the subproject. The displaced people will be fully consulted and allowed to participate in preparatory and implementing activities of Resettlement Plan. APs must be supported in terms of their capacity to improve their living conditions and to rehabilitate their living standards higher than or at least equal to that before constructing the subproject. PECC3 Page 15

16 Quang Ninh 500kV substation Figure 1.1 Location of connection lines with Quang Ninh 500kV substation TBA 500kV Hiep Hoa Figure 1.2 Location of Hiep hoa 500kV substation PECC3 Page 16

17 2. LEVEL OF IMPACTS OF THE SUBPROJECT 2.1. Determination of the subproject's impacts Determination of affected scope/area of the subproject The subproject will affect Dai Thanh commune, Hiep Hoa district, Bac Giang province and Thong Nhat commune, Hoang Bo district, Quang Ninh province. The subproject affected area includes: Component with land acquisition - Extension part of station (Quang Ninh 500kV substation): m 2 - Building tower foundations of connection lines (length: 234m): 1.550m Component with temporary impacts - Component of temporary influences comprise: Corridor area of transmission line- Average width of safe corridor is about 32m. Temporary required land for construction roads is not necessary because road, alley, lane, and existing safety corridor will be used in the construction process. - In addition, some infrastructure works at the crossover positions with transmission line will be affected: Position of transmission line will affect a number of infrastructure projects, houses and farms of the local people in the construction and improvement process. However, at the crossover positions there will be measures to ensure safety, minimize damage to the activities of the people under the ROW Determination of affected people (APs) by the subproject Determination of affected people and eligibility criteria The APs include all people who lose land or the right to use land or who lose access to legally designed parks and protected areas resulting in adverse impacts on the livelihoods. The eligibility criteria for compensation will include: (a) those who have formal legal rights to land or other assets; (b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certificates; or upon the permission of local authorities to occupy or use the project affected plots; and (c) those who have no recognizable legal right or claim to the land they are occupying. Persons covered under (a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under (c) are provided resettlement assistance, in lieu of compensation for the land they occupy, and other assistance, as necessary Number of affected persons and households According to the survey result, there are 6HHs (30 persons) affected by the project as follows: - Household has residential land/ productive land affected partially or fully (temporarily or permanently). - Household has house/structure affected partially or fully (temporarily or permanently). PECC3 Page 17

18 - Household has trees, crops affected partially or fully (temporarily or permanently). Permanently affected land Table 2.1 Number of AHs by the subproject Category Household Person AHs have productive land required permanently more than 20% of total land or more than 10% for vulnerable group AHs have productive land required permanently less than 20% of total land or less than 10% for the poor and vulnerable group AHs have productive land required permanently from 30% to 70% of total area of the landholding. AHs have productive land required permanently more than 70% of total area of the landholding AHs have trees/crops affected permanently Number of AHs affected permanently Temporarily affected land AHs have temporarily affected land 1 5 AHs have trees/crops affected temporarily 1 5 Number of AHs affected temporarily 1 5 Number of AHs have to be relocated Note: It is noted that 1 AH may fall into more than 1 impact category. No. Table 2.2 Number of AHs and APs based on the local boundary Province/ district/ commune 1. Quang Ninh province 1.1 Hoanh Bo district Number of AHs (household) Number of APs (person) Thong Nhat commune Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune Impact level Total According to the survey result, impact level of the subproject is as follows: - 06 AHs (30 persons) have to dismantle their houses/structures and relocate AHs (05 persons) have to remove their grave AHs (30 persons) are required permanently land from 4.0% to 100% of the total area of the landholding, in which: PECC3 Page 18

19 + Have not AHs lose less than 10% of total productive land area + 01 AHs who belong to the vulnerable group will lose less than 10% of total productive land area AHs will lose from 20-70% of total productive land area. + Have not AHs lose more than 70% of total productive land area. Please see more details in Appendix 6: Inventory of AHs by the subproject Vulnerable groups According to the survey result, there are 01 female headed households (05 persons), 02 AHs (10 persons) belonging to poor household. There is no AH is ethnic minorities Types of the subproject's impacts The subproject can cause some impacts as: Permanent impacts: - Productive land acquisition for substation, access road, underground cables and tower foundations of the overhead connection lines. - Residential land acquisition for substation - Dismantling houses on permanently acquired land. - Removing grave on permanently acquired land. - Cutting down crops on permanently acquired land. - Cutting down trees on permanently acquired land. Temporary impacts: - Restricting usability of land in the ROW for safety of the overhead line and temporarily affected by construction activities. - Improving and installing fireproof materials and lightning arrestors for all houses and structures in the ROW to meet regulations in Decree No.106/2005/ND-CP and Decree No.81/2009/ND-CP of the Government. - Installing fireproof materials and lightning arrestors for all houses and structures in earthing corridor to meet regulations in Circular No.03/TT-BCT dated Jan. 22nd, 2010 of Ministry of Industry and Trade (with distance of 30m from center of the T/L to sides). - Cut down trees, crops in the ROW for construction activities Productive land For construction of substation, foundations of overhead connection lines, the subproject will permanently require 17,380m 2 productive land area of AHs. PECC3 Page 19

20 No. Province/district/ commune 1. Quang Ninh province 1.1 Hoanh Bo district Table 2.3 Productive land acquisition (m 2 ) Civil road land Perennial tree land Ponds, streams Total Thong Nhat commune , ,380 2 Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune Residential land Total , ,380 In order to minimize the impact on the lives of APs, the items which need to recover permanent land as substation, access road, tower foundations of overhead connection lines and underground cables, will be selected design in productive land. However, the construction site is expected for the substation, despite selection, design and implementation of mitigation measures, the subproject still needs to permanently require 250m 2 in area of residential land. The total area of the landholding belongs to 06 households in Thong Nhat commune, Hoanh Bo district, Quang Ninh province. Table 2.4 Residential land acquisition (m 2 ) No Province/district/commune Residential land 1 Quang Ninh province 1.1 Hoanh Bo district Thong Nhat commune Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune Houses Total 250 On the 250m 2 area of permanently required residential land for the substation, the subproject will dismantle and relocate 06 houses of 06 AHs belonging to Thong Nhat commune, Hoanh Bo district, Quang Ninh province. Table 2.5 Dismantled houses (relocated) No. Province/district/commune 1 Quang Ninh province 1.1 Hoanh Bo district House grade 4 (Brick wall, metal roof) Unit m 2 PECC3 Page 20

21 No. Province/district/commune House grade 4 (Brick wall, metal roof) Unit m Thong Nhat commune Bac Giang province Hiep Hoa district Dai Thanh commune Grave Total Also on the 64m 2 area of permanently required residential land for the substation, besides relocating houses, the subproject will remove 01 grave of 1 AHs belonging to Thong Nhat commune, Hoanh Bo district, Quang Ninh province. Table 2.6 Removed grave No. Province/district/commune Grave (m 2 ) 1 Quang Ninh province 1.1 Hoanh Bo district Thong Nhat commune 1 2 Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune Trees Total 1 Similar to crops, on the 17,530m 2 area of permanently required productive land, the subproject will cut trees for construction of items. Total number of trees will be cut is 7,115 trees including 240 litchi trees, 6,875 cajuput trees belonging to Thong Nhat commune, Hoanh Bo district, Quang Ninh province. No. Table 2.7 Permanently affected trees Province/district/ commune 1. Quang Ninh province 1.1 Hoanh Bo district Litchi Cajuput Thong Nhat commune 240 6,875 2 Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune - - Total 240 6,875 PECC3 Page 21

22 Temporary impacts Temporary impacts on productive land Land in the ROW of the overhead connection lines will be restricted usability and affected by construction activities (called temporary impact). Total area of temporarily affected productive land is 48,000 m 2. The entire productive land belonging to Thong Nhat commune, Hoang Bo district, Quang Ninh province. No. Table 2.8 Temporary impacts on productive land Province/district/commune 1. Quang Ninh province 1.1 Hoanh Bo district Annual crop land Perennial tree land Ponds, streams Total Thong Nhat commune 11,010 36, ,000 2 Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune Temporary impacts on residential land Total 11,010 36, ,000 Similar to productive land, residential land in the ROW of the 500kV overhead connection lines will be affected due to restricted usability (called "temporarily affected"). The total temporarily affected residential land area is 120 m 2, belonging to Thong Nhat commune, Hoang Bo district, Quang Ninh province. Table 2.9 Temporary impacts on residential land No Province/district/commune Residential land 1 Quang Ninh province 1.1 Hoanh Bo district Thong Nhat commune Bac Giang province 2.1 Hiep Hoa district Dai Thanh commune Temporary impacts on houses and structures: Total 120 According to Decree No.106/2005/ND-CP dated Aug.17, 2005 and Decree No.81/2009/ND-CP dated Oct.12, 2009, all houses and structures in the ROW of 220kV T/Ls still exist if they meet safety conditions, whereby: - House/structure with tile roof and brick wall is still existed. - House/structure made by metal materials in the ROW will be required to install lightning arrestors. - House/structure made by wooden or leaf will be required to improve and install PECC3 Page 22

23 fireproof materials and lightning arrestors. Besides, all houses and structures in the ROW will be restricted usability, and owners' daily activities are also affected. The survey results showed that a total of 01 houses in the ROW belonging to Thong Nhat commune, Hoang Bo district, Quang Ninh province. No. Table 2.10 Temporarily affected houses and structures (no relocation) Province/district/commune 1 Quang Ninh province 1.1 Hoanh Bo district Uninhabited house (metal wall, metal roof) House m Thong Nhat commune Bac Giang province Hiep Hoa district Dai Thanh commune - - Total 1 75 PECC3 Page 23

24 3. LEGAL FRAME WORK AND COMPENSATION POLICY 3.1 Legal framework Policies of Vietnam The Legal Framework of the Government of Vietnam: For public investment projects using domestic budget, principles and policies on land acquisition, compensation and resettlement arrangement are stipulated by the Government on the basis of laws, decrees and decisions by the Government on land acquisition, compensation and resettlement, including the following: - The Constitution of Vietnam The Land Law 2003, No.13/2003/QH11, issued on November 26, 2003 (to be replaced by the Land Law 2013 which become effective from July 1, 2014) - Decree No.181/2004/ND-CP issued on October 29, 2004 guiding the implementation of the Land Law revised Decree No.188/2004/ND-CP issued on November 16, 2004 providing the method of land price calculation and the tariff for all types of land; - Decree No.197/2004/ND-CP issued on December 3, 2004 on compensation, support and resettlement when land is recovered by the state. - Decree No.188/2004/ND-CP issued on November 16, 2004 on methods to determine land prices and assorted land price brackets. - Decree No.123/2007/ND-CP dated July 27, 2007, on revision and supplementation of some regulations in decree 188/2004/ND-CP of November 16, 2004 on methods to determine land prices and assorted land price brackets. - Decree No.17/2006/ND-CP dated January 27, 2006 on revision and supplementation of some regulations in decrees guiding the implementation of the Land Law and Decree No.187/2004/ND-CP on transformation of state companies into joint-stock companies. - Decree No.84/2007/ND-CP dated May 25, 2007 on revision of issuing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress. - Decree No.69/2009/ND-CP, effective October 1, 2009; an amendment to Decree No.197/2004/ND-CP; supplementary regulations on land use planning, land prices, land acquisition, compensation, support and resettlement. - Circular No.116/2004/TT-BTC dated December 17, 2004 providing guidance for the implementation of Decree No.197/2004/ND-CP dated December 3, 2004 on compensation, assistance and resettlement upon the State recovery of land; - Circular No.14/TT-BTNMT dated October 1, 2009 providing detailed regulations on compensation, assistances, relocation and process and procedures for land acquisition, land hand-over and land lease. - Circular No.57/2010/TT-BTC issued on April 16, 2010 prescribing the estimation, use and settlement of funds for compensation, support and resettlement upon recovery by the State. - Circular No.02/2010/TTLT-BTNMT-BTC dated January 8, 2010 issued by the PECC3 Page 24

25 Ministry of Natural Resource and Environment and Ministry of Finance guiding the preparation appraisal, and issuance and revision of land prices revision and the competence of the city/province PC under the National Government control. - Decision No.1956/2009/QD-TTg, dated November 17, 2009 by the Prime Minister approving the Master Plan on vocational training for rural labors by Decision No.52/2012/QD-TTg, dated November 16, 2012 on the support policies on employment and vocational training to farmers whose agricultural land has been recovered by the State. - The Electricity Law 2004, No.28/2004/QH11, ratified on December 3, Decree No.106/2005/ND-CP (and its associated guiding circulars) dated August 17, 2005, guiding the implementation of a number of articles under the Electricity Law regarding safety protection of high-voltage power grid. - Decree No.81/2009/ND-CP (and its associated guiding circulars) dated October 12, 2009, amending or supplementing a number of articles of the government s decree No.106/205/ND-CP of August 17, 2005 which details and guide a number of articles of the electricity law regarding the safe protection of high-voltage power grid works. - Circular No.03/2010/TT-BCT dated on January 22, 2010 of Ministry of Industry and Trade, regulating a number of articles under decrees 106/2005/ND-CP and decree 81/2009/ND-CP. The following are current regulations on compensation, allowance, and resettlement of Quang Ninh province would be applied in RP of this subproject: - Decision No. 499/2010/QD-UBND of Quang Ninh People's Committee regulating on compensation, support and resettlement when land is recovered by the State in Quang Ninh province. - Decision No.3388/2012/QD-UBND dated 21-Dec-2012 of People's Committee of Quang Ninh province promulgating price of land. - Decision No.398/2012/QD-UBND dated 27-Feb-2012 of People's Committee of Quang Ninh province promulgating unit price of assets invested in land. - Decision No.574/2009/QD-UBND dated 06-Mar-2009 of Quang Ninh People's Committee issued unit price of trees/crops Policies of WB The World Bank s OP 4.12 Involuntary Resettlement includes the following principles: - Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs; - Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Project affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; PECC3 Page 25

26 - Project affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to predisplacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher Compatibility between policies of Government and the World Bank and require wavers Although the recent legislation on resettlement of Vietnam tends to be more consistent with that of the World Bank, there still exists some discrepancies required particular attention. The differences between the Government s Laws and Decrees and World Bank Policy with regard to resettlement and compensation, and how to address these gaps are shown in Table below: Table 3.1. Comparison of Vietnam s and World Bank s Policies related to Involuntary Resettlement Subjects Bank s OP 4.12 Policy objectives Support for affected households who have no recognizable legal right or claim to the land they are occupying Compensation for illegal structures DPs should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to predisplacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher Financial assistance to all project affected persons to achieve the policy objective (to improve their livelihoods and standards of living or at least to restore them, in real terms, to predisplacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher) Compensation at full cost for all structures regardless of legal status of the DP s land and structure. Land Property Compensation Government of Vietnam Resettlement site and its infrastructure should have equal or better development conditions than the existing one. Financial assistance provided at different levels depending on the legal status of affected persons Provided to cover the new structure costs. Depending on the illegality status attributed, covering between 80% and 0% of the total costs Project Measures Livelihoods and income sources will be restored in real terms, at least, to the pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Financial assistance of an agreed amount will be given to all DPs, regardless of their legal status, until their livelihoods and standards of living restore in real terms, at least, to predisplacement levels. Compensation at full replacement cost will be given for all structures affected, regardless of legal status of the land and structure. PECC3 Page 26

27 Methods for determining compensation rates Compensation for loss of income sources or means of livelihood Compensation for indirect impact caused by land or structures taking Livelihood restoration and assistance Consultation and disclosure Compensation for lost land and other assets should be paid at full replacement costs, Loss of income sources should be compensated (whether or not the affected persons must move to another location) It is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Provision of livelihood restoration and assistance to achieve the policy objectives. Participation in planning and implementation, specially confirming the eligibility criteria for compensation and assistance, and access to Grievances Redress Mechanisms Compensation for lost assets is calculated at price close to transferring the assets in local markets or the cost of newly-built structures. Provincial governments are granted to annually set up compensation prices for different categories of assets Assistance in respect of income loss is given only for registered businesses. For affected persons losing agricultural land, additional financial support will be provided. Not addressed. Livelihood restoration and assistance measures are provided. No followup for full livelihood restoration after resettlement completion. Limited mostly to information sharing and disclosure. Grievance redress mechanism Independent appraiser identifies replacement costs for all types of assets affected. Provincial government will use this assessment to establish the compensation rates at full replacement. All income losses are to be compensated and, where necessary to achieve the objectives of the policy, development assistance in addition to compensation will be provided. Social assessment has been undertaken and measures identified and being implemented to minimize and mitigate adverse impacts, particularly upon poor and vulnerable groups. Provision of livelihood restoration and assistance measures to achieve the policy objectives. These will be monitored as detailed in the RP Consultation and participation incorporated into RP design, along with information sharing with DPs and stakeholders. Priority will be given to the participation of women in the consultation processes. PECC3 Page 27

28 Grievance redress mechanism should be independent Internal and independent monitoring are required Monitoring & Evaluation The same governmental body makes decisions on compensation and resettlement, and also handles grievances at the first step; There is no explicit requirements on monitoring, including both internal and independent (external) monitoring Independent Grievance and Redress mechanisms are to be established, built on the existing governmental system, with monitoring by an independent monitor Both internal and external (independent) monitoring is to be regularly maintained (on a monthly basis for internal and biannual basis for independent monitoring). An endof-project report will be done to confirm whether the objectives of OP 4.12 were achieved. As a World Bank member country, the Government of Vietnam has committed that, should the international agreements signed or acceded to by Vietnam with the World Bank contain provisions different from those in the present resettlement legal framework in Vietnam, the provisions of the international agreements with the World Bank shall prevail. The RPF of the TEP confirms that in approving this instrument, the Government of Vietnam and the Province/City People s Committee, grant the waivers to the relevant articles in various Vietnamese laws that contradict or are not consistent with the objectives set forth in the RPF. The measures taken to address the differences and comply with World Bank involuntary resettlement policies are addressed under the RPF. 3.2 Compensation policy Principles All DPs who have assets within or reside within the area of project land-take before the cut-off date are entitled to compensation or assistance for their losses. Those who have lost their income and/or subsistence will be eligible for livelihood rehabilitation assistance, based on the criteria of eligibility defined by the project and in consultation with the DPs. If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, additional measures should be considered. - The compensation rates will be determined based on the results of independent land/assets appraisal in a timely and consultative fashion. All fees and taxes on land and/or house transfers will be waived or otherwise included in a compensation package for land and structures/houses or businesses. The local authorities will ensure that DPs choosing relocation on their own obtain, without additional cost, the necessary property titles and official certificates PECC3 Page 28

29 commensurate with similar packages provided to those who choose to move to the project resettlement sites. - Land will be compensated land for land or in cash according to the DP s choice whenever possible. The choice of land for land must be offered to those losing 20% or more of their productive land. If land is not available, the borrower must assure itself that this is indeed the case. Those losing 20% or more of their land will have to be assisted to restore their livelihood. The same principles apply for the poor and vulnerable people losing 10% or more of their productive landholding. - DPs that prefer land for land will be provided with land plots with the equivalent productive capacity for lost lands or a combination of land (a standard land plot) in a new residential area nearby for residential land, and cash adjustment for the difference between their lost land and the land plots provided. The resettlement area will be planned properly and implemented in consultation with the DPs. All basic infrastructures, such as paved roads, sidewalks, drainage, water supply, and electricity and telephone lines, will be provided. - DPs that prefer cash for land will be compensated in cash at the full replacement cost. These DPs will be assisted in rehabilitating their livelihoods and making their own arrangements for relocation. - Compensation for all residential, commercial, or other structures will be offered at the replacement cost, without any depreciation of the structure and without deduction for salvageable materials. Structures shall be evaluated individually. Any rates set by category of structure must use the highest value structure in that group (not the lowest). - The DPs will be provided full assistance (including a transportation allowance) for transportation of personal belongings and assets, in addition to the compensation at replacement cost of their houses, lands, and other properties. - Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the DPs (with particular attention to vulnerable DPs), to minimize the disturbance and shorten the resettlement transition period. The rehabilitation measures will be provided to the DP's prior to the expected start-up date of works in the respective project sites. - If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, additional measures should be considered. - Financial services (such as loans or credits) will be provided to DPs, if necessary. The installment amounts and the schedule of payments will be within the repayment capacity of DPs. - Additional efforts, such as economic rehabilitation assistance, training and other forms of assistance, should be provided to DPs losing income sources, especially to vulnerable groups in order to enhance their future prospects toward livelihood restoration and improvement. - The previous level of community services and resources, encountered prior to displacement, will be maintained or improved for resettlement areas. - Contractors can only commence civil works after (i) the governmental competent agency has satisfactorily completed compensation payments and rehabilitation PECC3 Page 29

30 assistances in accordance to approved RP for that sub-project; (ii) alreadycompensated DPs have cleared the area in a timely manner; and (iii) the area is free from any encumbrances. Temporary Resettlement: relocation of any households more than once should be avoided, because it leads to DPs being impacted twice or more and will slow down the livelihood restoration time. If it must happen, these households should be considered for additional benefits as they have been impacted twice. If the implementing agency has verified that temporary resettlement is unavoidable for such reasons as the final resettlement is subject to the temporary resettlement (e.g., construction of the resettlement site will not take place until the DPs are temporarily relocated) and an implementation plan for the final resettlement is agreed by the DPs and approved by District People s Committee (DPC) or Provincial People s Committee (PPC) and the Bank, then an additional assistance package is offered Policies on compensation, assistance and resettlement applied to the subproject Compensation for Loss of Agricultural Land Legal and Legalized Land Users If the lost area represents less than 20% of a Household s (HH s) land holding (or less than 10% for poor and vulnerable groups), and the remaining area is economically viable, compensation in cash will be at 100% replacement cost for the lost area. If the lost area represents 20% or more of the HHs land holding, (or 10% or more for the poor and vulnerable groups) or the remaining area is economically not viable, then land for land compensation should be considered as the preferred option. a. If no land is available, then implementing agencies (IAs) must demonstrate this to the World Bank s satisfaction before proceeding. b. If land is not available, or if the DP prefers cash compensation, then cash compensation will be provided for the lost area at 100% of land replacement cost, and the DP will be provided with rehabilitation measures to restore the lost income sources, such as agricultural extension, job training, credit access, provision of nonagricultural land at a location appropriate for running off-farm business or services. c. If the DPs wish, and there is land of similar value elsewhere, the project should also assist these DPs to visit these areas and help with legal transactions should they wish to acquire them. d. For agricultural land lying intermixed with residential areas, and garden and pond land lying adjacent to residential areas, apart from compensation at the price of agricultural land having the same use purpose, monetary support shall also be provided; with the prices for such support being equal to between 50% and 70% of the prices of adjacent residential land; and with the specific support levels being decided by the Provincial People's Committees (PPC) to suit local conditions. Users with temporary or leased rights to use communal/public land (DPs who rent communal or public land) Cash compensation at the amount corresponding to the remaining investment put on the land or corresponding to the remaining value of the land rental contract, if it exists. For DPs currently using land assigned by State-owned agricultural or forestry farms on a contractual basis for agricultural, forestry, or aquaculture purposes (excluding land under special use forests and protected forests), compensation shall be provided for investments PECC3 Page 30

31 made on the land, but not for the land itself, and these DPs may also receive additional support according to the following provisions: a. Additional monetary support shall be provided for DPs that receive land on a contractual basis and are public employees or workers of State-owned agricultural or forestry farms, or who are former employees of such farms and who are now receiving an allowance related to their former employment. The highest level of additional monetary support shall be equal to the price of land to be compensated, calculated on the basis of the value of the affected land area which shall, however, not exceed the local agricultural land assignment limits. The PPC shall decide on the specific support levels to suit the local conditions but the additional monetary support shall not be less than 70% of the compensation value for the land actually acquired. b. Where DPs receive land on a contractual basis but are other than the individuals specified at (a) above, they shall only receive compensation for investments made on the land. Land Users without formal or customary recognized rights to the affected land Instead of compensation, these DPs will receive rehabilitation assistance up to 100% of the land value in cash. DPs will be entitled to rehabilitation measures mentioned above to ensure their living standards are restored. In case the land is rented through civil contract between individuals, households, or organizations, then the compensation for crops, trees, or aquaculture products will be paid to the affected land users and the project client shall assist the renter to find similar land to rent. In cases when DPs utilize public land (or protected areas), with an obligation to return the land to the Government when requested, the DPs will not be compensated for the loss of use of the land. However, these DPs will be compensated for crops, trees, structures and other assets they own or use, at full replacement cost. Although they cannot reside in such public safety-hazard areas, if access has not been denied previously through welldocumented signs and such things as fences, the social and baseline assessment should consider if such a physical impediment (like a newly restricted public safety area) is causing loss of livelihood due to people no longer being able to get to jobs and other assets associated with their subsistence as a result of restricted safety zone definition, which may for example add significant cost to traveling from home to business, schools, etc Compensation for Loss of Residential Land Losing of residential land without associated structures: Compensation for loss of land in cash at replacement cost to legal and/or legalizable land users. For land users who have no recognizable land use right, financial assistance of an agreed amount will be provided. The amount will be determined by the respective Provincial People s Committee. Loss of residential land with associated structures and the remaining land is sufficient to rebuild the structure (reorganizing DP): Compensation for loss of land will be made in cash at (i) full replacement cost for legal and legalizable land users; (ii) Financial assistance of an agreed amount will be provided to land users who do not have recognizable land use rights. If DPs have to rebuild their houses, they will be provided with a rental allowance for a period of 3 months while their houses are being rebuilt. Loss of residential land with associated structures and the remaining land is insufficient to rebuild the structure (relocating DP): other than specific provisions listed below, in case where relocated DPs belong to vulnerable groups, the project will consider PECC3 Page 31

32 providing them with additional assistance (in cash and kind) to ensure that they can afford to relocated to a new site. (i) For DPs who have legal or legalizable rights to the affected land: - A land plot of equivalent size and quality, in a well-developed resettlement site. Where land is not available, an apartment will be provided to the DP. The will be done in consultation with the DP. Full ownership title to the land or apartment will be given at no cost to the DP. OR, - On request of and with full consultation with the DP, cash compensation at full replacement cost, plus the amount equivalent to the value of the infrastructure investments calculated as an average for each household in a resettlement site. In this case, the household will be expected to relocate themselves. In the event that the compensation (or assistance) amount accounts less than the cost of a land plot in the project s resettlement site, DPs will be supported with the difference required for the acquisition of the land plot. If a land plot in the project resettlement site is not the chosen DP s option, cash assistance will be provided equivalent to difference required to acquire a chosen land plot. (ii) DPs who do not have formal or customary rights to the affected land: - An identified assistance amount will be provided based on the level of legality of the land and on a case by case basis. - If the DP has no place to move, a land plot or an apartment satisfactory to them will be provided in the resettlement site Compensation Policy for Loss of Houses/Structures Houses Compensation or assistance in cash will be made for all affected private-owned houses/structures, at 100% of the replacement costs for materials and labor, regardless of whether or not they have title to the affected land or a construction permit for the affected structure. The compensation will be sufficient to rebuild the affected house/structure of the same quality. As per OP 4.12 cash compensation will be at full replacement cost in local markets. No deductions will be made for depreciation or salvageable materials. If the house/structure is partially affected, a financial assistance will be provided to enable DPs to repair the affected house/structures to restore it to the former condition, or better, at no additional cost to them. Graves Compensation for the removal of graves/ tombs will include the cost of excavation, relocation, reburial and other related costs which are necessary to satisfy customary requirements. Compensation in cash will be paid to each affected family or to the affected group as a whole as is determined through a process of consultation with the affected community. The level of compensation will be decided in consultation with the affected families/communities. Household and individual graves are considered physical cultural resources (PCR) and even though the costs associated with their relocation may be covered in the resettlement plan, the WB OP 4.11 on Physical Cultural Resources should be triggered and relevant cross references should be made to the Environmental Management Plan or project implementation manual. PECC3 Page 32

33 Tenants The tenants of state or organization s houses will be: (i) entitled to rent or buy a new apartment of the area at least equal to their affected one if they/he/she have a demand for; or (ii) provided an assistance equal 60% of replacement cost of the affected land and houses. The structure created by the DPs themselves will be compensated at their full replacement costs. The tenants who are leasing a private house for living purposes will be provided with transportation allowance for moving assets, as well as will be assisted in identifying alternative accommodation Compensation Policy for Loss of Standing Crops and Trees For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to the affected persons, who cultivate the land, according to the full market value of the affected crops and/or at replacement cost for affected perennial trees. Regarding the removable affected trees, the compensation will be equal the transportation cost plus actual loss. Perennial crops will be compensated for at the calculated value of their life time productivity Compensation Policy for Loss of Income and/or Business/Productive Assets For DPs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be: - The registered non-farm producer/business DPs, who have income-generating and/or business/productive assets affected, will be given cash business assistance for the loss of business income, equivalent to 50% of the annual average for the last 3 years net income. (This amount is equivalent to 100% of monthly net income for 6 months). - The non-registered business or non-farm producer DPs, whose operations are recognized by local authority and who have income and/or business/productive assets affected, will be given assistance in cash for the income losses for three months at the minimum - If the business has to be relocated, then, a priority to provide a replacement business site accessible to customers, or, compensation in cash for the affected area at a replacement cost, plus transportation allowance to remove movable attached assets. If there is no land available, then the business/non-farm producer DPs will be entitled for rehabilitation measures such as job training, credit access to help restore the income sources Compensation Policy for Temporary Impact during Construction In the event of temporary impact during construction, DPs are entitled to the following: - Compensation for all affected assets/investments made on the land, including trees, crops etc., at full replacement cost; - Cash compensation for land temporarily acquired in the form of rent which is at least equivalent to the net income that would have been derived from the affected property during the period of disruption; PECC3 Page 33

34 Damages to Private or Public Structures Damaged property by contractor will be restored by contractors immediately at full replacement value, after completion of civil works, to its former condition. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the subproject. Compensation for loss of community assets: In cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems is damaged, the project will ensure that these will be restored or repaired at no cost for the community and to the community s satisfaction Secondary DPs This applies to those affected by development of individual resettlement or group resettlement sites. Because all secondary DPs are likely to be affected in similar ways as primary ones, they will be entitled to compensation and rehabilitation assistance in accordance with the same respective provisions for all other DPs Allowances and Rehabilitation Assistance Besides the compensation for affected assets, DPs will be provided with financial assistance to cover their expenses during the transition period. The assistance levels will be adjusted, taking into account inflation factor and price increase to be appropriate to the payment time. They include: 1) Transportation allowance: will be given to relocating DPs. The amount will be determined by local authority. 2) House renting allowance or temporary accommodation will be provided for relocating DPs during the time when the DPs are waiting for the land plot or apartment to be ready plus for the period of building the new house. 3) Removal Support: Organizations and DPs that are allocated or leased land by the state or are lawfully using land and have to relocate their productive and/or business establishments are entitled to financial support for dismantling, relocating and re-installation of the establishment. Support levels will be determined by actual costs at the time of removal, based on self-declaration of the organizations and verification by the agency in charge of compensation. This will then be submitted to the relevant authorities for approval. 4) Subsistence allowance for relocating: All DPs (i) relocating within province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 03 months; (ii) relocating out of province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 06 months; (iii) who are in a severe socioeconomic difficulty or who relocating to areas of socioeconomic difficulty shall be receive cash allowance equal to 30 kg of rice per month in uninterrupted 12 months. 5) Support for living stabilization: (a) DPs losing 20-70% of their agricultural landholding (or 10-70% for the poor and vulnerable groups) will be provided with the amount equivalent to 30 kg of rice/person/month for 6 months if they do not have to relocate and 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (b) DPs losing more than 70% of their agricultural landholding will be assisted for 12 months if they do not have to relocate PECC3 Page 34

35 and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided upto a maximum of 36 months; (c) Households affected by loss of less than 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. In case of land-for-land compensation, DPs will be assisted with seedlings, agricultural-forestry extension programs, husbandry etc. 6) Support for job changing (with several options provided depending on the interest of the DPs): The support amount is 2-5 times of the agricultural land price for the whole acquired agricultural area but not exceeding the local land allocation limit at the moment of handing over land. 7) Support for training, apprenticeships on vocational training establishments in the province and exemption from tuition fees for the training courses for those of working age (not applicable for those who enroll for a vocational training outside the province). After finishing training courses, they will be given priorities to be recruited in local manufacturers/businesses. 8) Support for the poor and vulnerable groups: Additional support will be provided to the poor and vulnerable groups to ensure they will be able to restore the losses and livelihood at least at pre-project level. 9) Relocation bonus: A bonus of maximum 5 million VND will be awarded to DPs who dismantle their houses and vacate their premises in accordance with the resettlement schedule. 10) Allowance for land in the ROW - Residential land in the ROW of the T/L: According to Item 2 - Clause 6 - Article 1 of Decree No.81/2009/ND-CP of the Government dated Oct. 12, 2009, residential land area in of the T/L will be compensated, supported due to restricted usability. The assistance cost will not exceed 80 % of compensation cost. - Agricultural land in the ROW of the T/L: According to Item 3 - Clause 6 - Article 1 of Decree No.81/2009/ND-CP of the Government dated Oct. 12, 2009, on the same parcel including residential land and other land of the same owner when the ROW of the T/L occupies a space which is larger than the limit of residential land so the other land area on the same parcel in the ROW will be also compensated, supported due to restricted usability. The assistance cost will not exceed 80 % of compensation cost. 11) Allowance for houses/structures in the ROW: According to Item 1 - Clause 5 - Article 1 of Decree No.81/2009/ND-CP of the Government dated Oct. 12, 2009, houses/structures in the ROW of the T/L will be compensated and supported due to restricted usability and affected on owners' daily activities. The assistance cost will not exceed 70 % of value of houses/structures. PECC3 Page 35

36 4. COMPENSATION, ASSISTANCE AND RESETTLEMENT 4.1 Compensation Cut-off date: The cut-off date has been fixed during the socio-economic survey and inventory, Oct. 01, The cut-off date has been notified to the competent local authorities when working with the locality performing public consultation. Persons who encroach and move into the area that proposed to be affected area after the subproject s cut-off date will not be entitled to compensation and resettlement. These people will be requested to dismantle affected structures, cut trees or harvest crops for land clearance of the subproject; however, they will not have to pay any fine. The subproject s cut-off date and terms no compensation for the encroachers have been announced clearly in the public meetings. Replacement cost: according to the survey result, the substation, connection lines will be built in the rural area, almost land is used for permanent agricultural production and the land unit price has been relatively steady for 3 years. Through consultation with local authorities and residents, compensation unit prices for land, houses, structures, crops of other projects in the region were applied equivalent to the unit prices issued by PPC and accepted by affected households. Hence, this RP applies the unit prices issued by PPC for estimation. Quang Ninh province: - Decision No. 499/2010/QD-UBND of Quang Ninh People's Committee regulating on compensation, support and resettlement when land is recovered by the State in Quang Ninh province. - Decision No.3388/2012/QD-UBND dated 21-Dec-2012 of People's Committee of Quang Ninh province promulgating price of land. - Decision No.398/2012/QD-UBND dated 27-Feb-2012 of People's Committee of Quang Ninh province promulgating unit price of assets invested in land. - Decision No.574/2009/QD-UBND dated 06-Mar-2009 of Quang Ninh People's Committee issued unit price of trees/crops. It should be noted that land unit prices applied in this RP is only for estimation (at the time of compiling this RP). At the time of implementation of RP (expected to start in Jun. 2014), land compensation unit price will be updated to ensure that APs will be compensated at replacement cost for their losses Compensation unit prices for land Table 4.1 Compensation unit prices for land (VND/m 2 ) Quang Ninh Province Hoanh Bo district, Thong Nhat commune: Decision No.3388/2012/QD-UBND dated 21-Dec-2012 Residential land Perennial tree land Civil road land Ponds, streams 1,250,000 31,000 1,250, ,500 PECC3 Page 36

37 4.1.2 Compensation unit prices for houses and structures Table 4.2 Compensation unit prices for houses and structures Quang Ninh province Hoanh Bo district, Thong Nhat commune: Decision No.398/2012/QĐ-UBND dated 27-Feb-2012 Grade 4 (brick wall, tiled roof) Compensation unit prices for trees and crops Categories (VND/m 2 ) Grade 4 (brick wall, metal roof) Temporary (metal wall, metal roof) Grave 1,964, , , ,000 Table 4.3 Compensation unit prices for trees and crops Quang Ninh province Hoanh Bo district, Thong Nhat commune: Decision No.574/2009/QĐ-UBND dated 06-Mar-2009 Categories (VND/tree) Lichi Cajuput Corn, crops (VND/m 2 ) 1,500,000 35,000 4, Assistances and rehabilitation Besides the direct compensation for the losses, severely AHs by the subproject are as follows: According to the survey result, impact level of the subproject is as follows: - 06 AHs (30 persons) have to dismantle their houses/structures and relocate AHs will lose from 20-70% of total productive land area. In addition to direct compensation for damages, the above severely AHs will also receive allowance for transportation, relocation, production and living rehabilitation, vocational training and job creation, bonus, etc. These assistances will help APs recover their livelihood. Details of these assistances are as follows: 1) Transportation allowance: 4,000,000 VND/HH. 2) House renting allowance: 2,000,000 VND/HH/month x 6 months. 3) Subsistence allowance for relocating: 30 kg of rice per person per month for 03 consecutive months is equivalent to 900,000 VND/HH (relocating within province). 4) Support for living stabilization: + AHs losing 20-70% of their agricultural landholding (or 10-70% for the poor and vulnerable groups): 1,800,000 VND/person if they do not have to relocate (equivalent to 30 kg of rice/person/month for 6 months); 3,600,000 VND/person in case of relocation (equivalent to 30 kg of rice/person/month for 12 months). PECC3 Page 37

38 5) Support for job changing (with several options provided depending on the interest of the AHs): the support amount is 2 times of the agricultural land price for the whole acquired agricultural area but not exceeding the local land allocation limit at the moment of handing over land. 6) Support for training, apprenticeships on vocational training establishments in the province: 3,000,000 VND/person in the working ages. No. 7) Support for the poor and vulnerable groups: 5,000,000 VND/HH. 8) Relocation bonus: 5,000,000 VND/HH. 9) Allowance for land in the ROW of the overhead connection lines: Table 4.4 Assistance unit prices for land in the ROW (VND/m 2 ) Province/district/ commune 1 Quang Ninh province 1.1 Hoanh Bo district (restricted usability) House Cat. 3 (brick wall, tiled roof) House Cat. 4 (Brick wall, metal roof) House Cat. temporary (thatched wall) Thong Nhat commune 750, , , Resettlement The new living areas of these relocated households haven t identified yet. The project owner (CPPMB), in collaboration with local competent authorities, will ensure the compensation at replacement cost and associated allowances. CPPMB is required to have close monitoring during the relocation process of these households to ensure that objectives of Bank s safeguard policies are met. The relocation process and the implementation of rehabilation measures will also be reviewed by independent monitoring consultant. PECC3 Page 38

39 5. PUBLIC CONSULTATION AND PEOPLE S PARTICIPATION 5.1 Public consultation and people s participation Public consultants are carried out by sending summary document of the subproject and organized community meetings. This summary document was described subproject s components, resettlement policy, frequently asked questions of AHs, prevented methods for risk of shock and protect measures for the ROW, potential impacts and minimized methods, etc. PECC3 held community meetings at People s Committee of affected communes in Jan Minutes of public consultant meetings and photos are presented in Annex 2 of the RP. Participant components who invited to the public consultation meeting consist of representatives of subproject affected households, local authorities, Fatherland Front Committee and local mass organizations (Women Union, Farmers Associations, etc.) (Please see details in Annex 2). In the consultation meetings, representatives of the subproject owner as the consultant presented some major issues as follows: - Introduction of the subproject and implementation schedule. - Impacts on land, houses, structures, trees; mitigation measures for land acquisition; principles and policy of compensation; the grievance procedure. - Impacts on air quality, noise, water quality, socio-economic activities and mitigation measures. In the community meetings, AHs queries on RP related issues such as entitlement, compensation, etc., will be answered and recorded by representatives of the subproject owner; and updated in the RP. PECC3 Page 39

40 Table 5.1 Public consultation Location/ Time/ Participants Method of public consultation Questions of APs and local authorities Answers of representative of the subproject owner Summary of issues discussed and opinions Location: People s committee Thong Nhat Commune, Hoang Bo District, Quang Ninh Province. AP s house Time: 8 AM (13/01/2014) Multiple meeting Single meeting - Will compensation for losses of land, houses and trees be implemented before conducting land acquisition? - Will unit prices of compensation be applied to subproject the same as the current unit prices or at the time of land acquisition? - The payment of compensation and allowances will be completed prior to conducting land acquisition and clearance of at least 01 months - Unit price of compensation applied will be unit price at the time of land acquisition. 1. Environment issue: - Subproject owners should fully implement the mitigation measures to minimize impacts on the environmental quality during construction. - During the operation phase, the subproject owner must ensure thorough treatment of waste, especially hazardous waste. - Propose the subproject design to ensure safety and electromagnetic fields not affect people who work on the cultivated land near the station area (or in the ROW). 2. Social and resettlement issue: - Suggest that the subproject owner appropriately compensates and supports the APs to stabilize life and production after land acquisition. - In the compensation process, the subproject owner should notify and consult with local residents to minimize disagreements when implementing the subproject. - Complete the compensation payment prior to land acquisition and subproject construction. 3. Conclusion: - All participants agreed with the implementation policy of the subproject. PECC3 Page 40

41 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation 5.2. Disclosure Per requirement of Bank s policy, the Vietnamese version of this draft report was publically disclosed at subproject communes, CPPMB, and VDIC of the World Bank office in Hanoi (Jan. 2014). English version was also disclosed in InfoShop of the World Bank in Washington D.C. Final versions (English and Vietnamese) will also be re-disclosed at project sites, CPPMB, VDIC and InfoShop Grievance redress mechanism DPs are entitled to the complaints regarding their interests and responsibilities in the subproject implementation including but not limited to entitlements, compensation policy, unit prices, land acquisition, resettlement and other entitlements related to the recovery support programs. Complaints can also concern issues related to construction safety and nuisances caused by construction. Grievance procedures should be affordable and accessible procedures for third party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. below: The mechanism of complaint and complaint and grievances resolution steps are as First Stage - At Commune People s Committee (CPC) An aggrieved DP may bring his/her complaint to any member of the CPC, in writing or verbally. It is incumbent upon said member of CPC to notify the CPC about the complaint. The CPC will meet personally with the aggrieved DP and will have 15 days following the lodging of the complaint to resolve it. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles. Second Stage - At District People s Committee (DPC) If after 15 days the aggrieved DP does not hear from the CPC, or if the CPC gives its solutions, but DP is not satisfied with the decision taken on his/her complaint, the DP may bring the case, either in writing or verbally, to any member of DPC or DCB. The DCB in turn will have 30 days to resolve the case. The DPC is responsible for documenting and keeping file of all complaints that it handles. Third Stage - At Provincial People s Committee (PPC) If after 30 days the aggrieved DP does not hear from the DCB, or if the DP is not satisfied with the decision taken on his/her complaint, the DP may bring the case, either in writing or verbally, to any member of the PPC. The PPC has 45 days within which to resolve the complaint to the satisfaction of all concerned. The PPC secretariat is also responsible for documenting and keeping file of all complaints that it handles. Final Stage - Court of Law Decides If after 45 days following the lodging of the complaint with the PPC, the aggrieved DP does not hear from the PPC, or if he/she is not satisfied with the decision taken on his/her complaint, the case may be brought to a court of law for adjudication. Under no circumstance, can the DP be evicted from his/her property nor can the Government take over his/her property without the explicit permission of the court. In order to minimize complaints, CPPMB (via their assigned grievance focal point or grievance facilitation unit GFU) will cooperate with the District Compensation Board/ Center for Land Development Fund to participate in and consult on settling complaints. PECC3 Page 41

42 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Names and contact details of Grievance Focal Points and/or the Grievance Facilitation Unit (GFU) will be made publically available in information brochures and at subproject areas. Local mass organizations such as Fatherland Front, Farmer s Union, Women s Union will be mobilized to participate actively in the process of resolving complaints, questions. The independent monitoring agency will be responsible for checking the procedures for and resolutions of grievances and complaints. The independent monitoring agency may recommend further measures to be taken to redress unresolved grievances. DPs will be exempted from all administrative and legal fees. Besides that, an escrow accounts for resettlement payments should be used when grievance is resolving to avoid excessive delay of the project while ensuring compensation payment after the grievance has been resolved. CPPMB should maintain a system to register queries, suggestions and grievances of the DPs. All queries, suggestions and grievances and their resolution should be recorded and forwarded to the PC and its functioning monitored monthly. CPPMB will formulate and maintain a database of the DPs grievances related to the subproject to ensure that all complaints are recorded, recognized and processed by the functional units at all levels. PECC3 Page 42

43 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation 6. SUPERVISION, MONITORING AND VALUATION Implementation of RP will be periodically supervised and monitored by the respective PMBs in a close coordination with the respective Peoples' Committees at different administrative units and independent monitoring agencies. The findings will be recorded in quarterly reports to be furnished to NPT, CPPMB, and World Bank. 6.1 Internal monitoring and supervision Internal monitoring and supervision will: - Verify that the baseline information of all DPs has been carried out and that the valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of this Policy Framework and the respective RP. - Oversee that the RP are implemented as designed and approved. - Verify that funds for implementing the RP are provided to the respective CPPMB in a timely manner and in amounts sufficient for their purposes, and that such funds are used by the respective CPPMB s in accordance with the provisions of the RP and policy framework. - Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner. - A staff in charge of resettlement, compensation and clearance of this subproject is responsible to update information and maintain records based on the following main activities. Table 6.1: Main activities for internal monitoring and evaluation No. Activities in RP 1. Inform to Local People and Authorities about the Subproject 2. Inventory of Loss 3. Survey Replacement Cost 4. Make RP report 5. Approve RP - CPPMB - Provincial People s Committee - World Bank 6. Disclosure RP - Subproject location: - CPPMB - VDIC/Infoshop 7. Inventory and Measurement 8. Apply compensation prices (transfer from RP) Implementation Yes No Describe PECC3 Page 43

44 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation No. Activities in RP 9. Make detail compensation plan 10. Approve compensation plan 11. Proclaim compensation plan 12. Amend and approval (if any) 13. Pay compensation (included updates on RP s estimation for example number of AHs, expense, level of impact, etc) 14. Internal monitoring 15. Independent Monitoring 16. Report Implement Plan 17. Record and solve claims 18. Public consultation and participate of people - Community meeting - Provide Information Booklet 19. Coordinate with other agencies (especially Compensation Resettlement Committee) 20. Evaluate middle-term and final-term (up to subproject schedule) 6.2 Independent monitoring Implementation Yes No Describe An independent agency or agencies or individual consultant will be retained by CPPMB to periodically carry out external monitoring and evaluation of the implementation of RP. The independent agencies will be academic or research institutions, non- Governmental Organizations (NGO) or independent consulting firms, all with qualified and experienced staff and terms of reference acceptable to the World Bank. Independent monitoring begins about the same time as implementation activities and continues until the end of subproject. The independent monitoring agency will: - Determine whether the procedures for DPs participation and delivery of compensation and other rehabilitation entitlements has been done in accordance with the Policy Framework; and - Assess if the Policy Framework objective of enhancement or at least restoration of living standards and income levels of DPs have been met. - Gather qualitative indications of the social and economic impact of subproject implementation on the DPs. - Suggest modification in the implementation procedures of as the case may be, to achieve the principles and objectives of the Policy Framework. 6.3 Reporting condition Internal monitoring will make report quarterly with detail schedule of RP implementation. These reports will be sent to CPPMB, NPT and WB. Terms of Reference PECC3 Page 44

45 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation (TOR) for independent monitoring will be presented fully in contract between CPPMB and such independent monitoring. A Resettlement Plan cannot be considered complete until a completion audit or survey confirms that all entitlements have been received by beneficiaries and livelihood restoration is progressing on schedule. PECC3 Page 45

46 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation 7. IMPLEMENTATION SCHEDULE 7.1 Implementation responsibility Central Power Project Management Board (CPPMB) CPPMB, representing NPT, have following responsibilities: - Prepare RPs in accordance with the RPF. Coordinate with the provincial People s Committees and local authorities to obtain consensus from provincial People s Committee for the RPs and submit them to the WB for review and clearance. - Develop and implement a training program for the provincial and district People s Committee s, relevant stakeholders involved in RP implementation and Grievance Redress. - Where relevant, provide technical support (e.g. consultation mobilization) in identifying the replacement cost to inform compensation rate during the RP implementation. - Secure timely availability of required budget for RP preparation and implementation; - Conduct internal monitoring of RP implementation as per requirements set out in the project s RPF and the RPs. - Prepare bi-annual progress reports and submit to WB - Designate staff with solid experience in resettlement and familiar with Bank s safeguard policies as a social focal point for PMB. - Take part in compensation, support and resettlement council at local level and ensure that the agreed RPs are properly implemented, documented and reported. - Work closely with competent governmental agencies to address concern, grievances related to resettlement in their managed subprojects. Provincial People s Committees (PPC) Provincial People s Committees have responsibilities as follows: - To direct, organize, propagate and mobilize all organizations and individuals concerning compensation, support and resettlement policies and ground clearance according to the land recovery decisions of competent State bodies; - To direct the provincial/municipal services, departments, branches and districtlevel People's Committees: (i) To draw up resettlement and resettlement area plans in service of the land recovery; (ii) To draw up compensation, support and resettlement plans according to their competence; - To approve or assign the district-level People's Committees to approve compensation, support and resettlement plans; - To approve land prices; promulgate the property price tables for compensation calculation; prescribe support levels and supporting measures according to their competence; resettlement arrangement plans, job change training plans according to their assigned competence; - To direct the concerned agencies to settle citizens' complaints, denunciations related to compensation, support and resettlement according to their law- PECC3 Page 46

47 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation prescribed competence; - To guarantee impartiality and equity when considering and deciding on the compensation, support and resettlement when land is recovered by the State according to their competence prescribed in this Decree; - To decide or assign the district-level People's Committees to apply coercion to cases of deliberately failing to abide by the State's land recovery decisions according to their competence; - To direct the examination and handling of violations in the compensation, support and resettlement domain. District People s Committees The District People s Committees have responsibilities as follows: - To direct, organize, propagate and mobilize all organizations and individuals concerning compensation, support and resettlement policies and ground clearance according to the land recovery decisions of competent State bodies; - To direct the compensation, support and resettlement councils of the same level to draw up, and organize the implementation of, the compensation, support and resettlement plans; approve the compensation, support and resettlement plans according to the responsibility assignment by the provincial-level People's Committees; - To coordinate with the provincial/municipal services, departments and branches, organizations and investors in executing investments projects to build and plans to create resettlement areas in their localities according to the assignment of the provincial-level People's Committees; - To settle citizens' complaints, denunciations related to compensation, support and resettlement according to their assigned competence; issue coercive decisions and organizing coercion in the cases falling under their competence; coordinate with the functional agencies in organizing coercion according to the decisions of competent bodies. Compensation, support and resettlement councils The compensation, support and resettlement councils shall assist the People's Committees of the same level in making, and organizing the implementation of, compensation, support and resettlement arrangement plans; work on the collective principle and decide by majority; where the numbers of votes for and against are equal, the opinion of the side joined by the council chairman shall be followed. Responsibilities of council members are as follow: - The council chairman shall direct the council members to make, submit for approval and organize the implementation of, the compensation, support and resettlement plan; - The investor shall be responsible for assisting the council chairman in making the compensation, support and resettlement plan, ensuring sufficient funds for timely payment of compensation, support and resettlement money; - Representatives of persons who have land recovered shall be responsible for reflecting the aspirations of persons who have land recovered, persons who must be relocated; mobilizing persons who have land recovered to move and clear the PECC3 Page 47

48 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation ground according to schedule; - Other members shall perform the tasks as assigned and directed by the council chairman, suitable to their respective branches. - The compensation, support and resettlement councils shall be responsible for the accuracy and rationality of inventory statistics, the legality of land and property eligible or ineligible for compensation, supports in the compensation, support and resettlement Center for Land Fund Development The Center for Land Fund Development has main responsibilities related to resettlement as follows: assets. - To assume the prime responsibility for, or coordinate the with the compensation and ground clearance council in, organizing compensation and ground clearance; - To work and coordinate closely with project s stakeholders to update and implement RP as per project s RPF. - To provide compensation and ground clearance services; - To develop resettlement areas; - To build infrastructure on land funds assigned to it for management in order to organize auction; - To provide information on land prices and land funds to organizations and individuals upon request; - To assist the District People s Committee and Provincial People s Committee in disseminating information related to Resettlement Plan. - To assist the District People s Committee in handling complaints at district level. - To perform other tasks under decisions of the provincial-level People's Committee. Commune People's Committees The Commune People's Committees shall have the responsibilities: - To organize propaganda on the land recovery purposes, compensation, support and resettlement polices of the projects; - To coordinate with the compensation, support and resettlement councils in certifying land and property of persons who have land recovered; - To join in, and create conditions for, the payment of compensation and support money to, and arrange resettlement for, persons who have land recovered, and create conditions for the ground clearance. Displaced persons (DPs) DPs are ready with their necessary RP related papers i.e. LURC, ownership of other DPs are responsible for carefully checking on their lost assets and respective entitlements and clear land in a timely manner once DPs receive full entitlements. PECC3 Page 48

49 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Independent Monitoring An independent agency is responsible to supervise and evaluate implementation of RP for the subproject. This agency will submit monitoring reports periodically during implementation of RP and suggest solving measures for all identified issues to CPPMB and WB. 7.2 Implementation schedule The following is proposed RP implementation schedule Schedule for CPPMB and CRC: a. Set up RP 12/2013 b. Commencement of public information 01/2014 c. Review and clear of RP by the WB 03/2014 d. Establishment of subproject CRC 05/2014 e. Commencement of field works (detail measures survey) 06/2014 f. Commencement of payment of compensation 07/2014 Schedule for DPs 1. Commencement of declaration of quantity and status of properties 06/ Commencement of receiving compensation and ground clearance 07/2014 Bidding Commencement of bidding for equipment and civil works 06/2014 Civil works 01/ /2016 Monitoring 06/ /2016 All modifications introduced to the RP after issuing the Non-Objection Letter requires review and agreement of the WB before proceeding. PECC3 Page 49

50 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation 8. COSTS 8.1 Basis of cost calculations Compensation cost estimate for affected land, houses or structures based on: - Resettlement Policy Framework (RPF) of the Transmission Efficiency Project (TEP). - Decree No.197/2004/ND-CP on December 3,, 2004 of the Government on compensation, support and resettlement when land is requisitioned by the state. - Decree No.106/2005/ND-CP on August 17, 2005 regulates details and guides to implement some matters under the Electricity Law regarding safety protection for high-voltage power networks. - Decree No.69/2009/ND-CP dated August 13, 2009 of the Government additionally regulates on land use planning, land prices, land requisition, compensation, support and resettlement. - Decree No.81/2009/ND-CP on October 12, 2009, on revision and supplement of some articles of the government s decree No.106/205/ND-CP of August 17, Survey on the replacement cost and the market price for land, houses, structures done by PECC3 in Dec Related decisions of Quang Ninh province: + Decision No. 499/2010/QD-UBND of Quang Ninh People's Committee regulating on compensation, support and resettlement when land is recovered by the State in Quang Ninh province. + Decision No.3388/2012/QD-UBND dated 21-Dec-2012 of People's Committee of Quang Ninh province promulgating price of land. + Decision No.398/2012/QD-UBND dated 27-Feb-2012 of People's Committee of Quang Ninh province promulgating unit price of assets invested in land. + Decision No.574/2009/QD-UBND dated 06-Mar-2009 of Quang Ninh People's Committee issued unit price of trees/crops. 8.2 Replacement Cost Survey According to the survey result, the substation, connection lines will be built in the rural area, almost land is used for permanent agricultural production and the land unit price has been relatively steady for 3 years. Through consultation with local authorities and residents, compensation unit prices for land, houses, structures, crops of other projects in the region were applied equivalent to the unit prices issued by PPC and accepted by affected households. Hence, this RP applies the unit prices issued by PPC for estimation. At the time of implementation of RP (expected to start in Jun. 2014), compensation unit prices will be updated to ensure that AHs will be compensated at replacement cost for their losses. PECC3 Page 50

51 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation 8.3 Cost estimation for implementation of RP Source of financing for RP implementation is from counterpart fund of NPT and CPPMB. The funds will be transferred to CRC who is responsible for: Payment of compensation and all entitled allowances directly to AHs, and Payment to cover costs of overall RP activities. The contingency component would cover such differences by the time of actual RP implementation. This cost was included in provision costs of the subproject Cost of detail measurement survey - Land survey fees: 5,000,000VND - Land survey cost: 100,000,000 VND - Cost of setting up landmarks for clearance: 100,000,000 VND Total: 205,000,000 VND Cost of compensation - Based on the type of impact and scale of effects are described in the sections above, cost of compensation and living rehabilitation includes: - Compensation for land occupied permanently. - Compensation for trees and crops cut. - Subsidies: subsidies for changing jobs and stabilizing living and production, etc. Table 8.1 Cost of compensation No. Content Unit Quant ity Unit price (VND) Value (VND) A COMPENSATION COST 1,812,622,204 I Compensation for land 827,120, II Required land for station expanding 779,070,000 - Residential land m ,000 98,750,000 - Perennial tree land m 2 16,400 31, ,400,000 - Civil road land (estimated as Residential land with the same location) - River, stream, pond (estimated) Required land for building tower foundation m , ,000,000 m ,000 13,920,000 48,050,000 - Agricultural land m 2 1,550 31,000 48,050,000 Compensation for trees and crops 601,363,267 Litchi (density of 500 tree/ha) tree 240 1,500, ,742,000 Note Price of land applied in the project is taken from the unit price of land issued together with Decision No.3388/2012/QD- UBND dated 21/12/2012 of Quang Ninh province. Diameter of canopy of leaves > 4-5m, unit PECC3 Page 51

52 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation No. Content Unit III Cajuput (density of 5000 tree/ha) Compensation for houses, structures Quant ity Unit price (VND) Value (VND) tree 6,875 35, ,621, ,138,937 1 At the station extension area 341,882,662 2 House made by reinforced concrete, tiled roof) m ,964, ,877,622 Piggery m ,667 46,240,020 House with metal roof m ,417 32,365,020 Vacant house m ,000 27,000,000 Grave m ,000 6,400,000 At the transmission line route area House with metal roof (5x15m) Piggery with metal roof (3x6m) 42,256,275 m ,417 40,456,275 m ,000 1,800,000 Note price of 1,500,000 VND/tree Calculated as industrial trees for timber with density of 3,500 tree/ha, unit price for tree with height over 2m is 35,000 VND/tree Vacant house estimated at 500,000 VND/m 2 Vacant Piggery estimated at 100,000 VND/m Cost of assistances Based on impact types and scale of impacts are described in above sections, the assistance cost of the subproject includes: - Transportation allowance. - House renting allowance. - Subsistence allowance for relocating. - Support for living stabilization. - Support for job changing. - Support for training, apprenticeships on vocational training establishments in the province. - Relocation bonus. - Assistance for land in the ROW due to reducing usability. - Assistance for houses/structures in the ROW due to reducing usability and impacts on daily activities. PECC3 Page 52

53 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation - Support for improving and installing fireproof materials and lightning arrestors of houses and structures in the ROW which not meet safety conditions as stipulated in Decree No.106/2005/ND-CP and Decree No.81/2009/ND-CP of the Government. No. Content Unit Table 8.2 Cost of assistances Quant ity Unit price (VND) Value (VND) B ASSISTANCES 3,757,808,000 Removing grave unit 1 6,000,000 6,000,000 Assistances for houses in ROW in case of no land acquisition (assistance of 20% of price of land with the same category in the first year) Assistances for job changing and creation (Annual crop land) Assistances for job changing and creation (Perennial tree land) m 2 42,840 6, ,608,000 m ,000 4,000,000 m 2 47,600 62,000 2,951,200,000 Transportation Assistances HH 6 6,000,000 36,000,000 Assistances for stabilizing living and production: 720kg/person, estimated at 20,000 VND/kg of rice) Assistances for renting building or tenant perso n 30 14,400, ,000,000 HH 6 5,500,000 33,000,000 Note According to Article 37 of Decision 499/2010/QD-UBND of Quang Ninh province, assistance unit price is equal to 2 times of price of agricultural land with the same category Calculated in case of relocation to another district According to Article 36 of Decision No.499/2010/QD According to Article 35 of Decision No.499/2010/QD Reward for hand-over timely HH 6 5,000,000 30,000,000 " Cost for CRC Cost for CRC is estimated maximum at 2% of total cost of compensation and allowance and preparation of RP Cost of monitoring Cost of the independent external monitoring of RP implementation is estimated as 200,000,000 VND. The external monitoring agencies concerned will prepare technical and financial proposals for bidding and actual cost will be determined after bidding. PECC3 Page 53

54 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Total cost of RP implementation Total cost for RP implementation is estimated as below: Table 8.3 Total cost for RP implementation No. Content Amount (VND) A Preparation cost (detailed measurement survey) 205,000,000 B Compensation cost 1,812,622,204 Compensation for land 827,120,000 Compensation for trees/crops 601,363,267 Compensation for houses/structures 384,138,937 C Allowance cost 3,757,808,000 Removing grave 6,000,000 Assistances for houses in ROW 265,608,000 Assistances for job changing and creation (Annual crop land) Assistances for job changing and creation (Perennial tree land) 4,000,000 2,951,200,000 Transportation Assistances 36,000,000 Assistances for stabilizing living and production 432,000,000 Assistances for renting building or tenant 33,000,000 Reward for hand-over timely 30,000,000 D Cost for CRC = 2% *(B+C) 111,408,604 F Cost for external monitoring agency 200,000,000 E Contingency (10%) 608,683,881 Total (A+B+C+D+E) 6,695,522,689 PECC3 Page 54

55 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Annexes Annex 1 Annex 2 Annex 3 Annex 4 Map of the subproject's location Entitlement Matrix Location/Site agreement Photos and Minutes of meetings on public consultation PECC3 Page 55

56 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation ANNEX 1: MAP OF THE SUBPROJECT'S LOCATION PECC3 Page 56

57 Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Abbreviated resettlement plan ANNEX 2: ENTITLEMENT MATRIX Type of Loss/ Impacts Application Entitlements Implementation Arrangements 1. Productive land (Agricultural, garden, pond land, etc.) either in or out of the residential area. Legal land users 1.1. Marginal loss (<20% of land holding or <10% for vulnerable group) The remaining area of affected plot is still economically viable for use or meets the expected personal yield. Cash compensation at replacement cost (free from taxes and transaction costs) at 100% replacement cost for the lost area. - Affected households to be notified at least ninety days before land recovery by the Project. - The owner of land will hand over the land within 20 days from the date District Compensation Board fully pays compensation for land. - For vulnerable and severely affected households, affected farmers, including landless, allocation of arable land equal per capita arable land in commune. If there no land available for allocation or, on the DPs request through informed choice, training/ rehabilitation programs will be provided to at least restore, if not improve, their income and living standards Loss >20% or >10% for vulnerable groups Land for land compensation should be as the preferred option. If land is not available, or at the DP s choice, cash compensation can be provided for the lost area at 100% of land replacement cost. The DP will be provided with the additional rehabilitation measures to restore the lost income sources - Other assistance options which each province could decide based on the locality conditions. - Affected households to be notified at least ninety days before land recovery by the Project (Land law-2003; Article 39- Item 2). - The owner of land will hand over the land within 20 days from the date District Compensation Board/ Land Fund Development Center has paid compensation and other allowances in full. - For poor, vulnerable and severely affected farmers, including landless, allocation of arable land equal to per capita arable land in commune, or if there no land available for allocation or, on the DPs request through informed choice, training/ rehabilitation programs will be provided to at least restore, if not improve, their income and living standards. Land Users with temporary or leased rights to use land. Cash compensation at the amount corresponding to the remaining investment on the land or corresponding to the remaining value of the land rental contract. Land Users who do not have formal or customary rights to the affected land DPs will receive assistance corresponding up to 100% of the land value in cash. In addition to above, rehabilitation/training assistance will be provided. In case the DP uses public land where there was previous agreement to return the land to the Government when so requested, they will not be compensated for the acquired public land but will be compensated for structures, crops, trees and other assets on the land at 100% of the replacement cost. PECC3 Page 57

58 Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Abbreviated resettlement plan Type of Loss/ Impacts 2. Residential land 2.1. Marginal loss (i.e., land is still viable for use and not requiring relocation). Application Entitlements Implementation Arrangements Compensation for loss of land in cash at (i) replacement cost to the legal and legalizable land users; (ii) An financial assistance of an agreed amount to the land users not having recognizable land use right. If DPs have to rebuild their houses, they will receive a house rental allowance for 3 months in recognition of the time needed to rebuild their houses Relocated DPs (i) Legal or legalizable land users: It land is not available, a land plot in a resettlement site or apartment will be provided to the DP, in consultation with them. They will have full land title or apartment ownership title without any cost to them. Or, on request of the DPs through informed choice, cash compensation at full replacement cost plus the amount equivalent to the value of the infrastructure investments calculated averagely for each household in a resettlement site. In this case, they will be expected to relocate themselves. If the compensation amounts to less than the cost of a land plot in the project s resettlement site, DPs will be provided additional supported to enable them to acquire the land plot (or cash assistance will be provided equivalent to this difference for self-relocated DPs). (ii) DPs who do not have formal, or customary rights to the affected land: An identified assistance amount will be provided based on the level of legality of the land and on a case by case basis. If the DP has no place to move, a land plot or an apartment satisfactory to them will be provided in the resettlement site. In case the relocated DP belong to vulnerable groups, the project will consider providing them with additional assistance (in cash and kind) to ensure that they can afford to relocated to a new site. - Affected household to be notified at least 180 days before land recovery by the Project. - The owner of land will hand over the land within 20 days from the date District Compensation Board/ Land Fund Development Center has paid compensation in full. - Affected household to be notified at least 180 days before land recovery by the Project. - The owner of land will hand over the land within 20 days from the date District Compensation Board/ Land Fund Development Center has paid compensation in full. The process of compensation for a plot at the resettlement site will be as follows: - If the selling cost of plot(s) at the new site is more than the value of the affected residential land, DPs receive new plot at no additional cost. - If the plot(s) at the new site is equal the value of affected residential land, DPs receive new plot at the new site without any balance. - If the plot(s) at the new site is less than the value of affected residential land, DPs will receive plot and the difference in cash. The planning and detailed design for the relocation sites will be done by consultant of DCB/ CLDF in consultation with stakeholders and then approved by the PPC. Detailed regulation on plot allocation will be developed by DCB/CLDF through consultation with commune and DPs, followed by approval of PPC. For relocating households, assistance is in form of land-for-land of similar characteristics with title at no cost. The replacement land is no less than 40m2, or compensation in cash with equal value if DP opts for selfrelocation. Area and number of resettlement sites will be decided in consultation with DPs. PECC3 Page 58

59 Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Abbreviated resettlement plan Type of Loss/ Impacts 3. Houses 3.1. Partial impact: Application Entitlements Implementation Arrangements Unaffected portion of the house is still viable for use and could be remained from the technical viewpoints, therefore, require no relocation Full impact (i.e., house is partially acquired by the project but no longer viable for continued use or the entire structure is acquired). - If house/structure is partially affected and the remaining structure is viable for continued use, the project will provide a house/structure repair cost, in addition to the compensation for affected portion at replacement cost, to enable DPs to restore it to former or better conditions. - Compensation for other structures/fixed assets will be at full replacement cost and will be in cash. - Compensation in cash for entire affected structures will be provided at 100% of the full replacement cost for materials and labor, regardless of whether or not they have title to the affected land or permit to build the affected structure. The amount will be sufficient to rebuild a structure the same as the former one at current market prices. No deductions will be made for depreciation or salvageable materials. - Compensation for other structures/fixed assets will be at full replacement cost and will be in cash. Tenants of state or organization s houses will be: (i) entitled to rent or buy a new apartment of the area at least equal to their affected ones; or (ii) provided an assistance equal 60% of replacement cost of the affected land and houses. Any investments such as structures, trees, crops etc. made on the land by the DPs will be compensated at their full replacement cost. The tenants who are leasing a private house for living purposes will be provided with transportation allowance for moving their assets. They will also be assisted in identifying alternative accommodation. For poor or vulnerable DPs who have no other residential land in the same as their affected commune, the project will provide either a residential plot of minimum size at a common resettlement site, or an individual resettlement site, with title to the land (plot of 40 m2 in urban area and 100m2 in rural area); or on request of the DP, through informed choice, an assistance amount corresponding 60% of the land replacement cost for them to rearrange relocation by themselves. The calculation of rates will be based on the actual affected area and not the useable area. The calculation of rates will be based on the actual affected area and not the useable area. 4. Crops and Trees, Owners regardless of tenure For annual and perennial standing crops or trees, DPs will be given notice several months in advance regarding evacuation. PECC3 Page 59

60 Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Abbreviated resettlement plan Type of Loss/ Impacts aquaculture products status Application Entitlements Implementation Arrangements aquaculture products regardless of the legal status of the land, compensation in cash will be paid to the affected persons, who cultivate the land, at full replacement cost in local markets to ensure the compensation is sufficient to replace the lost standing crops, trees or aquaculture products. 6. Public structures Loss of, or damage to assets Either in (i) cash compensation to cover the cost of restoring the facilities or (ii) in kind compensation based on the negotiation between District Compensation Board/ Land Fund Development Center and owners of assets. 7. Communalowned assets, collective assets Loss of,, or damage to assets of village, ward, commune, district, provincial government unit. 8. Graves Have to move the graves or tombs Either (i) cash compensation to cover the cost of restoring the facilities or (ii) in kind compensation based on the negotiation between DCB/ CLDF and owners of assets. - All costs of excavation, relocation and reburial will be reimbursed in cash to the affected family. - Graves to be exhumed and relocated in culturally sensitive and appropriate ways. Crops grown after issuance of the deadline will not be compensated. For public structures, the displacement will be carried out by the owners prior to the start of works. For the communal owned assets directly affecting lives and production activities of the community, restoration must be done prior to the start of works. 9. Loss of Income/ Livelihood due to loss of productive land Impacts due to permanent loss of 20% or more of their total productive land or where <20% land affected but the remaining land is rendered unviable. (Legal, legalizable land users and DPs with lease agreement over the affected land) - Allowance for Loss of Livelihood: Affected person will be compensated with one-time payment at cash equivalent to 30 kg of rice/person/month at local market price, including: (a) DPs losing 20-70% of their agricultural landholding (or 10-70% for the poor and vulnerable groups) will be provided with the amount equivalent to 30 kg of rice/person/month for 6 months if they do not have to relocate and 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (b) DPs losing more than 70% of their agricultural landholding will be assisted for 12 months if they do not have to relocate and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided upto a maximum of 36 months;.(c) Households affected by loss of less than The amount will be given in tranches every 6 months to coincide with the cropping season while affected households are taking part in the income restoration program in order to restore their pre-project income/livelihood. PECC3 Page 60

61 Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Abbreviated resettlement plan Type of Loss/ Impacts 10. Loss of Income/ Livelihood due to relocation of business Application Entitlements Implementation Arrangements Marginal impacts Owner of the affected business and employees 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. In case of land-for-land compensation, DPs will be assisted with seedlings, agricultural-forestry extension programs, husbandry etc. Support for job changing: Every DP affected by loss of productive land, irrespective of the degree of impact, will be provided with additional assistance equivalent to 2-5 times the compensation amount. Support for vocational training and job creation: DPs will be exempted from exemption from tuition fees for the training courses for those of working age (not applicable for those who enroll for a vocational training outside the province). After finishing training courses, they will be given priorities to be recruited in local manufacturers/businesses. For DPs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be: The registered non-farm producer/business DPs, who have income-generating and/or business/productive assets affected, will be given cash business assistance for the loss of business income, equivalent to 50% of the annual average for the last 3 years net income. (This amount is equivalent to 100% of monthly net income for 6 months). The non-registered business or non-farm producer DPs, whose operations are recognized by local authority and who have income and/or business/productive assets affected, will be given assistance in cash for the income losses for three PECC3 Page 61

62 Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Abbreviated resettlement plan Type of Loss/ Impacts 11. Allowances /Assistance Targeted to Vulnerable Households Application Entitlements Implementation Arrangements Relocating shop owners regardless of tenure status. Loss of land and non-land assets Affected vulnerable groups regardless of severity of impacts. The vulnerable groups were defined as in Terms of Terminology months at the minimum If the business has to be relocated, then, a priority to provide a replacement business site accessible to customers, or, compensation in cash for the affected area at a replacement cost, plus transportation allowance to remove movable attached assets. If there is no land available, then the business/nonfarm producer DPs will be entitled for rehabilitation measures such as job training, credit access to help restore the income sources If the business has to be relocated, the project will provide alternative site with local advantage and physical attributes similar to the land lost with easy access to customers base, satisfactory to the DP, OR compensation in cash for the affected land at replacement cost, plus transportation allowance for movable attached assets. Specific assistance to vulnerable groups would be as follows: -Social Policy: (i) Relocating Households that include heroic mothers, war veterans, wounded or dead soldiers families will be provided with support as regulated by the PPCs but not less than VND 10 mil per household: (ii) Poor Relocated Households or Poor Households where 20% or more of their productive land is affected or where <20% land is affected but the remaining land is rendered unviable: 3-5 mil/hh (to be certified by local authority). - Other vulnerable groups affected by the Project, whether they have to relocate or not, (female headed households, households with disabled persons, elderly without any source of support, ethnic minority households) will get the same support given to poor households in accordance with the provincial policy but not less than VND 3 mil per household. - These households are entitled to take part in Income Restoration Program DPs will be given priority for business relocation along highway, communal roads and along canals near the bridges or footbridges in order to maximize their benefit from business opportunities. At the time of compensation, allowances will be adjusted to account for inflation. - Allowance for households as per Government regulation (social policy households, heroic mothers, wounded, dead soldiers). If the household eligible to more than one additional support allowance for the vulnerable people, only one package with the highest value will be applied. 12. Other Loss of land and non-land Incentive Bonus: A bonus of PECC3 Page 62

63 Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation Abbreviated resettlement plan Type of Loss/ Impacts Allowances/ Assistances assets Application Entitlements Implementation Arrangements maximum 5 million VND will be awarded to DPs who dismantle their houses and vacate their premises in accordance with the resettlement schedule. Repair Allowance: If house/structure is partially affected and the remaining structure is viable for continued use, the project will ensure that these will be restored or repaired at no cost for the community and to the community s satisfaction. The relocating households with children who are going to schools will be supported with 1-year tuition as regulated by the Ministry of Education Based on the actual situation of the locality, the PPC Chairman issues other allowances to ensure accommodation and livelihood restoration for DPs. Special cases have to be submitted to the Prime Minister for approval. 13. Temporary impacts Temporary loss of land and assets. Compensation for all affected assets/investments made on the land, including trees, crops etc., at full replacement cost; Cash compensation for land temporarily acquired in the form of rent which is at least equivalent to the net income that would have been derived from the affected property during the period of disruption; Restoration of the land within 3 months after use: The contractor is expected to return the land in its original condition within 3 months of the termination of the civil works. If the quality of land is radically changed when returned to DPs, requiring DPs to change in the types of land use; then DPs should be compensated for all envisaged cost of losses. 14. Any other impacts that may be identified during implementation Individuals, organizations in the project area Entitlements to compensation and other assistance would be provided in accordance with the compensation policy. Secondary impacts on production and business or DPs isolated from access to resources temporarily have to be compensated and supported in accordance with RP. In case of impacts on livelihoods of DPs, the contractors, construction units have to agree with the households on payment for disruption of business. PECC3 Page 63

64 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation ANNEX 3: LOCATION/SITE AGREEMENT PECC3 Trang 64

65 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation PECC3 Trang 65

66 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation PECC3 Trang 66

67 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation PECC3 Trang 67

68 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation PECC3 Trang 68

69 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation PECC3 Trang 69

70 Abbreviated resettlement plan Overhead Line Bay Extension at 500kV Quang Ninh substation and 500kV Hiep Hoa substation PECC3 Trang 70