220kV Phu My 2 Industrial Zone Substation and Connection Lines … · 2017. 2. 1. · 16. Detailed...

Social Monitoring Report Final Report December 2016

VIE: Power Transmission Investment Program,

Tranche 1

220kV Phu My 2 Industrial Zone Substation and

Connection Lines Subproject

Prepared by the Southern Vietnam Power Projects Management Board for the National Power

Transmission Corporation and the Asian Development Bank.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Resettlement Final Report

Completion Report

Document Stage: final

Project Number: 42039 - 034

December 2016

Multi-tranche Financing Facility

Socialist Republic of Viet Nam: Power Transmission

Investment Program

220kV Phu My 2 Industrial Zone Substation and Connection Lines Subproject

The report is a document of the borrower. The views expressed herein do not necessarily represent those of

ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

220kV Phu My 2 Industrial Zone Substation and Connection Lines

Resettlement Completion Report

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ABBREVIATIONS

ADB Asian Development Bank

AP (project) Affected Person

AH (project) Affected Household

CARB Compensation, Assistance and Resettlement Board

CPC Commune People’s Committee

DLFDC District Land Fund Development Center

DMS Detailed Measurement Survey

DP Displaced Persons

DPC District People’s Committee

EVN Vietnam Electricity

GOV Government

HH Household

IOL Inventory of Losses

LURC Land Use Rights Certificate

NPT National Power Transmission Corporation

PPC Provincial Peoples Committee

ROW Right-of-Way

RP Resettlement Plan

SES Socio-Economic Survey

SPMB Southern Power Project Management Board

SPS Safeguard Policy Statement

USD United States Dollars

VND Viet Nam Dong



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Table of Contents

1. GENERAL INFORMATION OF PROJECT .......................................................................... 3

a. Project objective ................................................................................................................... 3

b. Project component ................................................................................................................ 3

c. Project impacts ...................................................................................................................... 5

d. Objectives of internal monitoring ......................................................................................... 6

2. RESETTLEMENT IMPLEMENTATION PROGRESS ......................................................... 7

a. DMS process ......................................................................................................................... 7

b. Preparation and approval of compensation plans ................................................................. 8

c. Process of compensation payment ...................................................................................... 10

d. Assess degree of APs’ satisfaction of compensation and resettlement .............................. 12

3. ASSESS THE STAKEHOLDER COOPERATION ............................................................. 13

4. PENDING ISSUE .................................................................................................................. 14

5. CONCLUSION AND LESSON LEARNED......................................................................... 14

a. Conclusion .......................................................................................................................... 14

b. Lesson learned .................................................................................................................... 14

Annex 1 Entitlement Matrix ......................................................................................................... 16

Annex 2 New PPC’s document on compensation and support ..................................................... 23

Annex 3 Document and forms used for public consultation, information disclosure .................. 24



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1. GENERAL INFORMATION OF PROJECT

a. Project objective

1. The National Power Transmission Corporation (NPT) of the Government of the Socialist

Republic Viet Nam (GOV) has received a loan from the Asian Development Bank (ADB) to

finance partly Master Plan VII of Power Development of Viet Nam. The Power Transmission

Investment Program is an integral part of the National Power Development Master Plan VII and

comprises of:

(i) Transmission Network Expansion Component for expanding and upgrading 500 kV

and 220 kV transmission lines and associated substations throughout Viet Nam;

(ii) Operational Improvement Component for strengthening operational effectiveness

and efficiency of the National Power Transmission Corporation;

(iii) Project Implementation Support Component for detailed technical design,

construction supervision, safeguard compliance, and preparing subsequent projects of

the Investment Program.

2. The Power Transmission Investment Program, Tranche 1 includes 220kV Phu My 2

Industrial Zone subproject that managed by SPMB.

b. Project component

3. The subproject includes:

i. Construction of the 220kV substation and access road;

ii. Construction of the 220kV connection line with a total length of 1,707 m; and;

iii. Construction and installation of two parallel 110kV connection lines with a length of

831 m and 912 m respectively.

4. The 220kV Phu My 2 Industrial Zone Substation and Connection Lines subproject is

composed of 220kV Substation, 220kV and 110kV connection lines. Details are summarized in

Table 1.

Table 1 Scope of Phu My 2 Industrial Zones and Connection Lines subproject

No. Component Commune/District Started Date Completion Date Actual Cost

$million

1 Substation Tan Phuoc commune,

Tan Thanh district Aug 2013 Nov 2014 4.1

2 Connection lines Tan Phuoc commune,

Tan Thanh district Aug 2013 Nov 2014 4.9



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5. Construction phase of this subproject was 21 months from August 2013 to November

2014.

Figure 1 Map of 220kV Phu My 2 Industrial Zone Substation and Connection Lines

6. The subproject is located in Tan Phuoc commune, Tan Thanh district, Ba Ria – Vung Tau

province. The location map of Subproject is presented in Figure 1 and the diagram of Subproject

is illustrated in Figure 2.

Figure 2 Diagram of Phu My 2 IZ Substation



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c. Project impacts

7. The Detailed Measurement Survey has been implemented from August 2013 to May

2014 and being updated to the end of the subproject showed that about 126,172 m2 of land

affected by the project. Of which, 60,772.8 m2 of Phu My 2 Industrial Zone and 1,514 m

2 of Tan

Phuoc CPC, are permanently acquired for substation, access road, tower foundations and 58,528

m2 of land affected within ROW. Productive land, such as rice paddies, fishpond, vegetable

gardens, orchards, accounts for 83.3% of total affected land. According to the subproject survey,

there are no relocated households and severely affected households.

Table 2 Project affected area

No. Component Starting point Ending point Length

(m)

Number

of angle

tower

Number of

AH/Organ

ization

1

220kV Phu My 2

Industrial zone

substation

Location: Tan Phuoc commune, Tan Thanh district, Ba

Ria - Vung Tau

Area: 60,772.8 m2 (included substation and access road)

06AHs

and 01

Organizati

on

2

220kV connection

line N242-66ĐN

220kV gate

tower of the

220kV Phu My

2

1,808 8

80 AHs

110kV connection

lines 1,637 10

Part 1: 110kV

connection line

110kV gate

tower of the

220kV Phu My

2

tower T15/8 of

the 110kV Phu

My - Thi Vai

and Posco

778

Part 2: 110kV

connection line

110kV gate

tower of the

220kV Phu My

2

tower T15/8 of

the 110kV Phu

My - Thi Vai

and Posco

859

8. Total of 86 households and 01 organization (Phu My 2 Industrial Zone managed by

IDICO) was affected by land acquisition, in which 26 households were affected by permanent

land acquisition for constructing substation, access road, and tower foundations. Among HHs

affected by ROW, there are 25 households with structures and houses that relocation under

ROW. Types of houses and structures in ROW mostly are grade 4 and grade 5. In addition,



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approximately 200 timber trees/industrial trees and more than 2,000 young plants are also

affected.

9. Approximately 90% of permanently affected land (60,772.8 m2) belongs to Phu My 2

Industrial Zone so land acquisition of subproject has not seriously affected to AHs.

Table 3 Summary of project impacts

Category Agricultural

land (m2)

Residential

land (m2)

Aquaculture

land (m2)

Other

land

(m2)

Subtotal

(m2)

Permanently

affected land 9,024 51 9,491 49,079* 67,645

Affected land

within ROW 54,598 1,882 0 2,047 58,527

Total 63,622 1,933 9,491 51,126 126,172

Non land

affected assets

House under

ROW (m2)

Affected

enterprise

(AHs)

Affected

crops (m2)

Affected

trees

(tree)

Structure

under ROW

(m2)

2,887 4 1,220 2,606 534

(*): Land acquired from Phu My 2 Industrial Zone

10. Among AHs, there is no HH considered as either severely affected or vulnerable

household. Therefore, income restoration program is not essential.

11. Besides affected households, there is one organization affected, namely Phu My 2

Industrial Zone with total area of 60,772.8 m2 permanently acquired to construct Phu My 2

substation and connection lines.

12. None of the public facilities, historical and cultural structures is affected by the project

implementation.

d. Objectives of internal monitoring

13. The SPMB conducted the internal monitoring of RP implementation to identify as early

as possible the achieved activities and the cause(s) of occurred problems so that RP can be

adjusted. Results of the internal monitoring are to be reported quarterly and semi-annually to

NPT and ADB.

14. The general purpose of internal monitoring is to ensure that resettlement and land

acquisition have been implemented in accordance with the policies and procedures of the RP.



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15. To ensure the standard of DPs’ living being restored or improved, the main objectives of

internal monitoring are to (i) monitor whether the schedule is being met; (ii) assess if

compensation and support are sufficient; (iii) identify problems or potential problems; and (iv)

identify methods of emergency respond to mitigate problems.

2. RESETTLEMENT IMPLEMENTATION PROGRESS

a. DMS process

16. Detailed Measurement Survey had been conducted in September 2013 and completed in

May 2014. The process of DMS was in compliance with policy.

Table 4 The subproject’s DMS progress

Component End of 2013

(HHs) End of 2014

(HHs) End of 2015

(HHs) End of 2016

(HHs) 220kV Phu My 2 SS 6 0 0 0

Connection lines 70 11 3 0

Total 76 11 3 0

17. Affected households filled declaration form as issued and guided by DLFDC. A

declaration form has the principal contents including (i) Area and type of land, land origin, land

use right certificate; (ii) Quantity of houses, types of houses, construction year, and other

structures on the land; quantity, kinds and ages of perennial trees; land area of annual trees, their

kinds, productivity and output; area of aquaculture land and salt paddies, productivity and output

of aquatic products or salt paddies; (iii) number of household members, number of labourers

affected by the land acquisition (for the agricultural sector, including persons directly engaged in

agricultural production; aquaculture production on acquired land; for the non-agricultural sector,

including contractual employees of registered employers);

18. DMS process was carried out with participation of CPC representative. DMS records

were signed by AHs, representative of community, the DMS team, a commune-level cadastral

officer, representatives of SPMB, DLFDC, LURC registration office, and the Natural Resources

and Environment Division. One copy of DMS record was delivered to AHs to save. Non-

complaint was recorded on the result of DMS.

19. After DMS, AHs have been entitled depending on the type or/and scale of impacts as

regulated in the project policy. Details of project policy for compensation and allowances are

indicated in the entitlement matrix Annex 1.

20. Due to the typical of power project, for safe corridor, in some cases DMS of affected

assets were carried out after civil work was implemented for supplementary of compensation

plan.



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21. Based on the final results of DMS, there was no AH considered as severely affected who

lost 10% or more of their productive land or vulnerable group. Therefore, the subproject had not

implemented an income restoration and rehabilitation program.

b. Preparation and approval of compensation plans

22. Tan Thanh DLFDC is responsible for preparing compensation plans that includes the

accuracy of DMS data, the value of assets to be compensated, and support.

Compensation unit pricing and applying:

23. Households with affected land and assets in the construction area of substations and pole

foundations, land and assets are permanently acquired. Affected lands are compensated in cash at

the market price. Households with affected land and assets under ROW, affected assets are

compensated in cash for the limitation of their uses. Affected structures and trees/crops are

compensated according to the local compensation rate approved by the local authorities on the

basis of structure/tree type. Temporarily affected assets during the construction and installation

process are compensated by the construction contractor. The compensation rates are agreed

between the construction contractor and all affected households. Details of policy are presented

in Annex 1.

24. Compensation unit price for affected assets is summarized in the following table.

Table 5 Compensation unit prices

No. Item Unit Unit price (VND)

1 Land in Tan Phuoc commune, Tan Thanh district

Residential land VND/m2

768,000-2,905,000

Agricultural land VND/m2 16,800-166,000

2 Structures

Grade 4 (brick wall, wooden

frame with titled roof) VND/m

2 1,537,000

Grade 5 (bamboo and

wooden frame with palm

roof)

VND/m2 641,000

3 Tree and crops

Paddy VND/m2 3,500-4,400

Annual crops VND/m2 8,400 - 20,000

Eucalyptus VND/tree 9,600 - 81,700

Cajuput VND/tree 3,800 - 81,700

Jackfruit VND/tree 51,000 - 1,130,000



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No. Item Unit Unit price (VND)

Longan VND/tree 37,500 - 734,500

Mango VND/tree 61,500 - 2,352,000

Custard apple VND/tree 51,000 - 380,000

Lemon VND/tree 39,500 - 338,500

Banana VND/tree 27,500 - 84,000

Approval of compensation plans progress:

25. After DMS completion, DLFDC prepared a draft compensation, support and resettlement

plan including (i) Name and address of AH; (ii) Acquired land area, type, position, origin; and

(iii) Valuation of the compensation or support;

Table 6 The preparation and approval progress of the compensation plans for the subproject

Component End of 2013

(HHs) End of 2014

(HHs) End of 2015

(HHs) End of 2016

(HHs) 220kV Phu My SS 5 1 0 0

Connection lines 33 42 5 0

Total 38 43 5 0

26. The draft compensation plan had been disclosed at the office of CPC and public meeting

in the project area for further comments and feedbacks. Detailed information was summarized

and disseminated to all affected households for their review. Normally, it takes two months to

get approval for compensation plan from its draft version. In the case of Phu My 2 subproject,

some compensation plans were pending in few months while waiting for new policy issued by

Ba Ria-Vung Tau PPC.

27. Consultation activities had been carried out to all affected households, local authorities,

and village leaders since subproject preparation and design stages. That is an opportunity for

AHs to express their comments and needs on the subproject. All of AH feedbacks was recorded

and analysed as basics of compensation and support. In this stage, about 100% of affected

households were consulted at least one time on the subproject land acquisition, compensation

and support.

28. At the end of the period of posting and receiving opinions, DLFDC summarized the

feedbacks of AHs, the numbers of opinions, comments against the draft compensation plan in

writing, then finalized the plan and submitted it to DPC for approval. Total of 22 comments and

12 complaints was recorded. Detailed complaints are showed in Error! Reference source not

found.. Most of comments were focused on the differences between the policy on compensation

and support under Land Law 2003 and 2013. In the case of Phu My 2 subproject, Ba Ria-Vung



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Tau PPC has promulgated a new document for households whose land is restricted to use “… apply Article 25 of Decree 47/2014/ND-CP dated May 15, 2014 of the government on support at

80% of the land price specified by PPC …”, referred Annex 2 for more details. DLFDC had to

explain, review and adjust the plan before submitting it for approval.

29. After receiving the approved compensation, support and resettlement plan, DLFDC

coordinates with CPC to disclose the approved compensation plan at the office of CPC and

public meetings and directly send a detailed assets valuation to AHs, stating the compensation

payment and commitment to hand-over for the acquired land.

30. All tasks in this step had been monitored by SPMB to ensure that AH feedbacks must be

taken into account and they satisfy with the subproject policy.

31. Land acquisition for the project construction has been fully completed. Totally 12

(twelve) compensation plans had been prepared and approved for the subproject. Details of land

acquisition are presented in Annex.

c. Process of compensation payment

32. After sending a written notice on the approved compensation, support and resettlement

plan to AHs, DLFDC carried out payment of compensation and support. Representatives of

DCARB, SPMB, and CPC monitored the payment process.

33. Announcement of compensation schedule including time, place, and other relevant

information were disclosed at the office of CPC, public meetings, and directly informed to AHs.

34. More than 17 billion VND were paid to the affected households for their lost and

damaged assets during December 2013 to September 2015. Details are showed in table below.

Table 7 Compensation and assistance for AHs under subproject

No Components

Actual Compensation and assistance (VND)

AHs Relocated Compensation

plans Paid amount Remaining

1 220kV Phu My ss 06 0 383,337,916 383,337,916 0

2 Connection lines 80 0 16,673,822,580 16,673,822,580 0

Total 86 0 17,057,160,496 17,057,160,496 0

35. In case AH cannot receive compensation and support with any reasons, DLFDC have to

transfer the money to State Treasure at district level and keep it until this case settled. There is no

one refuse to get compensation payment.



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36. Besides, for compensation payment to AHs, SPMB has to pay for IDICO who is in

charge of compensation and resettlement for Phu My 2 Industrial Zone. However, Ba Ria-Vung

Tau PPC has not had regulations on compensation amount. Progress of compensation for land

occupied by Phu My 2 Industrial Zone is summarized in Box 1.

Box 1 Progress of compensation payment for Phu My 2 Industrial Zone

37. SPMB has often requested Tan Thanh DPC as well as other stakeholders to finalize the

compensation plan for Phu My 2 Industrial Zone. However, the process of dealing with these

matters is totally controlled by many relevant organizations not SPMB. Tan Thanh DLFDC had

submitted a draft compensation plan for approval.

Since June 2015, SPMB has frequently requested Tan Thanh’s DPC to prepare compensation plan for 60,772.8 m

3 of land belonging to Phu My 2 Industrial Zone that

managed by IDICO in order to complete the subproject of Phu My 2 substation as planned.

To response SPMB’s requests, on December 25, 2015, Department of Industrial and Trade organized meeting with the representatives of Department of Environmental and Natural

Resources, Industrial Parks Management Board, Tan Thanh’s DPC, SPMB, and IDICO. The discussed issue is how to compensate for land acquisition implemented by IDICO

during site clearance of Phu My 2 Industrial Zone.

After the meeting, Department of Industrial and Trade issued Document No.27/SCT-QLNL

dated 6 January 2016 on proposed solution for the cost of Phu My 2 substation’s site clearance. It recommended that “Ba Ria-Vung Tau PPC would allow Tan Thanh DPC to

estimate the amount which was approximately 70% of investment for land (deduct

depreciation) including compensation payment for AHs, cost for planning adjustment,

cost for clearance of unexploded ordnances, and levelling (if any)”.

Lately, Ba Ria-Vung Tau PPC stipulated Document No.816/UBND-VP dated February 3,

2016 on (1) Agree with the suggestions of Department of Industrial and Trade mentioned

in Document No.27/SCT-QLNL; (2) Assign DoNRE in association with Department of

Finance, Tan Thanh DPC working with IDICO as well as SPMB to solve the relevant

procedures as prescribed.

A Certificate of Valuation No.2441/2016/VLAND-HCM has been issued on June 30, 2016

on investment for land constructed Phu My 2 substation. The draft compensation plan has

been submitted to DoNRE for verification. It proposed to compensate the amount of 64

million VND to Phu My 2 Industrial Zone.



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d. Assess degree of APs’ satisfaction of compensation and resettlement 38. The grievance redress mechanism is set up to address questions and complaints on the

land acquisition, compensation and resettlement in a timely manner. All affected persons had

aware of their rights and complaint procedures.

39. Affected persons can lodge their complaints relating to any aspects of land acquisition

and resettlement entitlement, prices, payment or procedures for resettlement etc. Their

complaints can be made verbally or in writing.

40. An aggrieved AP can bring his/her complaint to DPC (the organization issued

compensation plan) or sue as an administrative lawsuit at court in accordance with the Law on

Administrative Procedures.

41. In case the complainant disagrees with the first-time complaint settlement decision or AP

complaint remains unsettled which is past the prescribed time limit, AP may file a second-time

complaint with the direct superior of the competent agency who in charge of the first-time

complaint settlement or sue as an administrative lawsuit at court in accordance with the Law on

Administrative Procedures.

42. In case the complainant disagrees with the second-time complaint settlement decision or

AP complaint remains unsettled which is past the prescribed time limit, AP may sue as an

administrative lawsuit at court in accordance with the Law on Administrative Procedures.

43. Generally, affected households are agreed with the compensation and assistance of the

project. During implementation process of compensation and assistance, there were some minor

inquiries on result of DMS and ownership of affected assets. DLFDC along with SPMB has

immediately resolved those inquiries. There are 12-recorded complaints at DPC level on

ownership of affected assets and compensation value.

44. All these complaints have been resolved in accordance with the project policy and

government Law. AHs are satisfied with the grievance solutions then there is no outstanding

complaint. Details are shown in table below.

Table 8 Details of complaint settlement

No. Name of AHs Content of complaint Grievance solution

1. Le Van Nguyen Request compensation for

temporary affected assets

caused by construction

Decision No.1265/QD-UBND

dated May 15, 2014

2. Nguyen Van Tuong Compensation for land under

ROW


dated May 16, 2014

3. Nguyen Thi Tuyet Compensation for structures Decision No.1937/QD-UBND



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No. Name of AHs Content of complaint Grievance solution

under ROW dated July 16, 2014

4. Dinh Tu Hai Compensation for supporting

structures


dated July 16, 2014

5. Nguyen Van Chuong Compensation and assistance

for land and other structures

under ROW


dated September 5, 2014

6. Nguyen Thi Tuyet Compensation for house under

ROW


dated November 25, 2014

7. Nguyen Van Lon Compensation for affected

assets under ROW


dated December 15, 2014

8. Tran Van Trung Compensation for temporary

house under ROW



9. Tran Thi The Compensation for temporary

structure under ROW



10. Nguyen Thi Ngoc

Thuy

Compensation for temporary

structure under ROW



11. Pham Thi Nuong Additional compensation for

temporary structure under

ROW


dated February 14, 2015

12. Pham Van Hung Additional compensation for

temporary structure under

ROW


dated February 14, 2015

3. ASSESS THE STAKEHOLDER COOPERATION

45. SPMB had signed the contract with DLFDC who are in charge of land acquisition and

compensation. SPMB had smoothly coordinated with DLFDC and closely involved in process

and progress of land acquisition and compensation.

46. During subproject implementation, SPMB had received much assistance from

organizations such as Ba Ria-Vung Tau PPC, Phu My 2 Industrial Zone, etc. Without this

cooperation, the subproject could not be timely completed. At the time of compensation

preparation, Ba Ria-Vung Tau PPC issued Document No.6949/UBND-VP dated September 23,

2014 on support for households affected by Phu My 2 subproject.



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4. PENDING ISSUE

47. The draft compensation plan for affected assets of Phu My 2 Industrial Zone has been

submitted to Tan Thanh DoNRE for their review and verification. It is proposed to get approval

in February 2017 and to pay compensation at the end of February 2017.

5. CONCLUSION AND LESSON LEARNED

a. Conclusion

48. The construction work of 220kV Phu My 2 Substation project has been completed and

came into operation on November 30, 2014.

49. Information dissemination, community consultations have been strictly conducted by

SPMB and DLFDC in the project area resulting in no any serious complaint of affected people.

50. Due to the new Land Law, Ba Ria-Vung Tau PPC had to promulgate either a new policy

or a procedure on compensation and assistance. It takes the project a long time to establish

compensation plan. And also, it takes a lot of time to solve the differential regarding

compensation and assistance between Land Law 2003 and 2013.

51. Construction work was started before updating RP due to late mobilization of Consultant.

However, construction activities were implemented in the land area of Phu My 2 Industrial Zone

so they did not impact to AHs.

b. Lesson learned

52. With the typical characteristics of power connection line, sometimes DMS results on

affected assets under ROW must be adjusted when construction of power connection lines

completed.

53. For the power network project, it only needs to acquire permanently small area of land

for tower foundation but the process of compensation plan approval takes quite long time.

Therefore, in some cases, compensation plans have been prepared at the same time with

construction and payment has been delivered to AHs in advance. To avoid this situation, all

activities must be strictly scheduled and followed as planned.

54. The subproject is mainly located in Industrial Zone, only small section of connection

lines affected to assets of household, and then AHs’ livelihood was not affected. According to

the project policy, AH received the compensation for agricultural land along with cash

assistance. Thus, local people was willing to handover their land to the power network project.

55. However, the transferring of State land between two organizations as Phu My 2 Industrial

Zone and SPMB has difficulty because of unavailable regulations issued by Ba Ria-Vung Tau

PPC. It takes long time to complete the compensation for land to IDICO - representative of Phu

My 2 Industrial Zone.



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56. Consultant should be mobilized at the initial stage of the project implementation in order

to carry out tasks and/or reports in accordance with ADB’s safeguards policy.

220kV Phu My 2 Industrial Zone Substation and Connection Lines Resettlement Completion Report

16

Annex 1 Entitlement Matrix

Entitled Persons Type & Level Of

Impact

Compensation Policy Implementation

A. AGRICULTURAL LAND

A.1 Permanently affected agricultural land

Owners with

LURC, owners in

process of

acquiring LURC,

owners eligible to

acquire LURC

AND public

organizations

More than 10 percent

or more of total

productive

landholding affected

a/ As a priority, allocation of replacement land: (i)

equal in area to affected land up to a maximum of

land quota in the locality; (ii) of same category (or

productive capacity); (iii) at a location satisfactory to

AP; (iv) with full title in the names of both the

household head and his/her spouse; and (v) without

charge for taxes, registration and land transfer

charges; and

b/ Economic rehabilitation package (see G, below);

Or, if AP opts,

a/ Cash compensation at replacement cost; and,

b/ Economic rehabilitation package (see G, below).

AHs to be notified on reason of land

acquisition schedule and plan,

compensation plan on compensation,

site clearance, resettlement at least 90

days prior to land acquisition (Land

Law 2003, Article 39).

Full payment for affected land to AHs

at least 01 months before site

clearance.

Allowance for agricultural land

acquisition accounts for 50%

compensation rate for land.

Less than 10 percent

of total productive

landholding affected

Cash compensation at replacement cost at current

market prices for affected portion if remaining

holding is viable;

OR

Cash compensation at replacement cost at current

market prices for entire landholding, if remaining

holding is not viable.


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Impact


A.2 Impact on productive land in ROW

All AHs have

productive land in

ROW

Partially impact or

totally impact

a/ No compensation for land

b/ Compensation for fruit trees and others at market

price.

c/ Support for utilization of restricted land

Allowance for limitation of land use

is equal to 80% of compensation rate

for land.

AHs receive compensation for

tree/crop without returning

compensated tree/crop

B. RESIDENTIAL AND/OR NON-AGRICULTURAL LAND (e.g., commercial)

B.1 Impact on residential and/or non-agricultural land in ROW

All AHs have

residential and/or

non-agricultural

land in ROW

Partially impact or

totally impact

a/ No compensation for land

b/ Allowance for purchasing fireproof materials and

lightning arrestors for the existing house/structure or

cash compensation at replacement cost of affected

house/structure

c/ Support for utilization of restricted land



for land.

C. MAIN HOUSES AND OTHER STRUCTURES IN ROW

C.1. Main house in ROW

All AHs have

house/structure and

trees in ROW

Partially impact on

house or structures in

ROW (affected area

less than 50% of total

land area without any

impact to the

remaining structures

a/ Retain their houses in ROW according to the

conditions regulated by Article 13 of Decree No.

14/2014/NĐ-CP and cash compensation for directly

affected parts of the houses at the replacement cost

and cost for demolishing the affected part

Allowance for limitation of

house/structure use is equal to 70% of

its compensation rate.


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Impact


of the house/building)

Demolishing partial

or totally impact on

house/structures

(impact >50%, or less

than 50%)

a/ AH could chose one of the following options:

Retaining their houses or building in ROW according

to the conditions regulated by Article 13 of Decree

14/2014/NĐ-CP. Allowance for purchasing fireproof

materials and lightning arrestors for the existing

house/building.

Cash compensation at replacement cost for full areas

of affected house/structure and cost for demolishing

AHs’ houses in ROW. b/ Support for utilization of restricted house and

impacts on daily-life activities

C.2 Other Structures, e.g., kitchens, toilets, animal sheds, fences, foundations, etc. in ROW

Other structures Structures affected

due to location in

ROW of the T/L

Support for improvement of installing fireproof

materials and lightning arrestors

For structure with improvement,

allowance is paid at PPC’s rate for rehabilitation of installing fireproof

materials and lightning arrestors.

For structure without improvement,

allowance for limitation of

house/structure use is equal to 70% of

its compensation rate.

D. ANNUAL AND PERENNIAL CROPS, FRUIT AND TIMBER TREES AND TREE/PLANT FENCES

Crops and/ or trees Loss of annual crops If standing crops are ripening and cannot be

harvested, cash compensation of un-harvested crops

AHs to be notified at least 2 months


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Impact


at market values based on the average production aver

past 3 years.

for harvesting crops;

Compensation is made depending on

the species, age, and value of affected

tree/crop.

AHs receive compensation for

tree/crop without returning

compensated tree/crop.

Loss of perennial

trees, fruit and timber

trees and tree fences

Cash compensation at current market prices given the

type, age and productive value of the affected crops

and/or trees.

G. REHABILITATION ASSISTANCE

G.1 Economic Rehabilitation Package

Severely affected

persons, displaced

from housing or

losing 10 percent or

more of their

productive, income

generating

irrespective of

tenure status.

Assistance to restore

livelihoods and

incomes following

acquisition of

agricultural land or

other productive

assets

AHs directly cultivate on the affected land to be

entitled:

(i) Losing from 10 to 30% of agricultural land

holding: Cash assistance equal to 30 kg of rice

(valued at market price) per month per household

member for 3 months, if not relocating; for 6 months

if relocating; and for 12 months if relocating in a

harsh living condition area;

(ii) Losing more than 30% to 70% of total agriculture

landholding.

Cash assistance equal to 30 kg of rice (valued at

market price) per month per household member for 6

months, if not relocating; for 12 months if relocating;

and for 24 months if relocating in a harsh living

condition area;

(iii) Losing more than 70% of total agriculture

It is not necessary to implement IRP

due to none severely affected house

identified.


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Impact


landholding

Cash assistance equal to 30 kg of rice (valued at

market price) per month per household member for

12 months, if not relocating; for 24 months if

relocating; and for 36 months if relocating in a harsh

living condition area; AND

(iv) In-kind assistance to be decided in consultation

with eligible APs. Forms or assistance may include,

but are not limited to, agricultural extension

assistance, and training for non-agricultural

occupations. And

(v) Participating in income restoration programs

(IRP).

G.2 Assistance for job changing and creation

AHs with

agricultural land

permanently

affected

Assistance for job

changing and

creation.

Cash assistance equal to 1.5 time of compensation

value for affected for acquired land area but not

exceed 5 (five) times of land quota in locality,

according to PPC’s regulation. If AP has demand for training, he/she will be entitled

to a free training course

Cash assistance is equal to 1.5 times

of compensation value of acquired

land areas.

Vocational training card is given to

all family members of labor force,

equivalent to the amount of VND

6,000,000 per member.

G.3 Special allowance for social and economically vulnerable households


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Impact


Vulnerable APs

(the poor, war

invalid person,

woman headed

household, the

elderly)

Assistance to the

poor and vulnerable

households to

improve their social

and economic

conditions.

For the poor households, cash assistance equal to 30

kg of rice (at market price) per each family member

per month for at least 6 months

For other vulnerable APs, assistance of VND

2,000,000 per household to improve their social and

economic conditions

No one entitled as vulnerable AP.

G.4 Assistance for houses in ROW

AHs with house in

ROW

Assistance to

improve house or

install fireproof

materials and lighting

arrestors. And

assistance to mitigate

impacts due to

restricted usability

and impacts on daily

activities.

With grade 4 houses, allowance for installing

fireproof materials and lighting arrestors.

With grade 5 houses, allowance for rehabilitation.

Allowance due to restricted usability and impacts on

daily activities (according to Decree 14/2014/ND-CP,

it is ≤ 30% value of house).

Allowance for limitation of house use

is equal to 70% of its compensation

rate.

G.5 Assistance for other structures in ROW

AHs with other

structures in ROW

Assistance to

improve structure or

install fireproof

materials and lighting

arrestors.

With grade 4 structure, allowance for installing

fireproof materials and lighting arrestors.

With grade 5 structure, allowance for rehabilitation.

Allowance for limitation of structure

use is equal to 70% of its

compensation rate.

G.6 Assistance for land in ROW


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Impact


AHs with land in

ROW

Assistance to mitigate

impacts due to

restricted usability of

land

Allowance for agricultural land, residential land,

production planted, production forest, non-

agricultural land in ROW (according to GOV Decree

No.14/2014/ND-CP)



for land.



23

Annex 2 New PPC’s document on compensation and support



24

Annex 3 Document and forms used for public consultation, information disclosure

Announcement on Land acquisition



25



26



27

Decision on DCARB establishment



28



29

Public disclosure on Draft Compensation Plan



30



31

Completion report for Compensation Plan Disclosure



32

List of Compensation and Assistance plan

No. Compensation plan

1. Decision No.6808/QD-UBND approved by Tan Thanh DPC dated 12/12/2013


(additional payment for Decision No.6808)











220kV Phu My 2 Industrial Zone Substation and Connection Lines … · 2017. 2. 1. · 16. Detailed...

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