TAY HA NOI 220KV SUBSTATION - The World Bank · Tay Ha Noi 220kV Substation Resettlement Plan...

NATIONAL POWER TRANSMISSION CORPORATION

Northern Power Projects Management Board

-------------------------------

RESETTLEMENT PLAN

(RP)

SUBPROJECT:

TAY HA NOI 220KV SUBSTATION

PREPARED BY

INSTITUTE OF ENERGY

Hanoi, February 2014

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RP1560 V6 REV

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Tay Ha Noi 220kV Substation Resettlement Plan

Institute of Energy - IE 2

TABLE OF CONTENTS

SUMMARY .................................................................................................................................... 9

1. INTRODUCTION.................................................................................................................. 10

1.1. TRANSMISSION EFFICIENCY PROJECT (TEP) ....................................................... 10

1.2. THE TAY HANOI 220KV SUBSTATION SUBPROJECT .......................................... 10

1.3. OBJECTIVE OF THE RESETTLEMENT PLAN .......................................................... 12

2. LEVEL OF IMPACTS OF THE SUBPROJECT ............................................................. 13

2.1. DETERMINATION OF THE SUBPROJECT'S ............................................................. 13

2.1.1. Determination of project impacted area..................................................................... 13

2.1.2. Determination of project affected people .................................................................. 13

2.2. TYPES OF PROJECT IMPACTS .................................................................................... 13

2.2.1. Impacts on cultivation land......................................................................................... 13

2.2.2. Permanently affected crops ........................................................................................ 14

2.2.3. Number and types of affected perennials .................................................................. 14

2.2.4. Affect to house and structures .................................................................................... 14

3. LEGAL FRAMEWORK AND COMPENSATION POLICIES .................................... 15

4. RESETTLEMENT, SUPPORT AND COMPENSATION PLAN .................................. 28

4.1. COMPENSATION ............................................................................................................ 28

4.1.1. Compensation unit price for land .............................................................................. 28

4.1.2. Compensation unit price for perenials ...................................................................... 28

4.1.3. Compensation unit price for food crops and crops .................................................. 29

Table 4.1.3 – Food crops and crops compensation unit price............................................. 29

4.1.4. Compensation unit price for fish yield ..................................................................... 29

4.1.5. Total project compensation cost ............................................................................. 29

4.2. LIVING REHABILITATION SUPORT FOR AFFECTED PEOPLE .......................... 30



5. COMMUNITY CONSULTATION AND INFORMATION ANNOUNCEMENT ..... 31

5.1. COMMUNITY CONSULTATION AND PARTICIPATION ....................................... 31

5.2. DISCLOSURE ................................................................................................................... 33

5.3. GRIEVANCE REDRESS ADMINISTRATIVE ............................................................. 33

6. REPORT, SUPERVISION AND EVALUATION............................................................ 35

6.1. INTERNAL SUPERVISION ............................................................................................ 35

6.2. INDEPENDENT MONITORING .................................................................................... 37

6.3. REPORTING CONDITION ............................................................................................. 37

7. IMPLEMENTATION SCHEDULE ................................................................................... 38

8. COSTS ..................................................................................................................................... 42

8.1. COSTS FOR IMPLEMENTATION OF RESETTLEMENT PLAN ............................. 42

8.1.1. Costs for Resettlement Plan establishment and detailed measurement ................... 42

8.1.2. Cost for compensation ................................................................................................ 42

8.1.3. Cost for management .................................................................................................. 42

8.1.4. Cost for supervision .................................................................................................... 43

8.1.5. Contingency ................................................................................................................. 43

8.2. TOTAL COST ESTIMATE OF RESETTLEMENT PLAN .......................................... 43



List of tables

Table 1.2 – Project items ........................................................................................................ 12

Table 2.1.2 – Total number of affected people with classification ................................... 13

Table 2.2.1 – Permanently affected cultivating land ......................................................... 14

Table 2.2.2 – Permanently affected crops ............................................................................ 14

Table 2.2.3 – Affected perennials .......................................................................................... 14

Table 4.1.1 – Permanent farmland compensation unit price ........................................... 28

Table 4.1.2 – Perenials compensation unit price ................................................................ 28

Table 4.1.4 – Compensation unit price for fish yield ......................................................... 29

Table 4.1.5a – Compensation cost ......................................................................................... 29

Table 4.1.5b – Summary of Land Acquisition cost: ........................................................... 30

Table 5.1– Summary on residents’ opnion in community consultation meeting .......... 32

Bảng 6.1 – Some fundamental activities of internal supervision and evaluation .......... 35

Bảng 8.2 – Total cost estimate of Resettlement Plan ......................................................... 43

Figure

Figure 7.1 – Organization chart of implementation institution of Resettlement Plan

...................................................................................................Error! Bookmark not defined.



GLOSSARY

Census and Inventory If the project needs to change the land use or to acquire land for

project purposes, a Census of people that will be affected and an Inventory of affected assets

will be undertaken based on the technical design of the project. The Census will include key

socioeconomic information of the project affected persons (DPs), such as main occupations,

sources of income, and levels of income in order to be able to determine vulnerable

households as well as to establish baseline data for monitoring livelihood restoration of the

DPs. The Inventory will include a detailed description of all affected lands, trees, structures,

to be acquired permanently or temporarily in order to complete the Project; the names of the

persons entitled to compensation (from the census); and the estimated full replacement costs,

etc.

Compensation (in cash or in kind) for loss of assets and rehabilitation measures to restore

and improve incomes will be determined in consultation with the DPs. Compensation for loss

of assets will be at replacement costs.

Cut-off-date is the date of completion of the inventory of losses during preparation of the

Resettlement Plan (RP). Project affected households and local communities will be informed

of the cut-off date for each project, and that anyone moving into the Project Area after that

date will not be entitled to compensation and assistance under the Project.

Eligibility is the criteria to receive benefits under the resettlement program. This Resettlement

Policy Framework (RPF) will provide general guidance on this but the eligibility criteria will

not be definitively confirmed until the development of the RP.

Productive land refers to the various sub-categories of land that are used for agricultural

purpose (as opposed to land for residential purpose), including agricultural, forestry, garden,

aquaculture and pond land. N.B. Loss of land on which businesses are located is covered

under the „relocation of business‟ section of the entitlement matrix.

Replacement Cost. is the concept used to calculate the compensation amount for an asset and

involves using current market value plus the transaction costs which may include taxes, fees,

transportation, labor, etc. (OP 4.12, footnote 11).

Resettlement. This RPF, in accordance with the World Bank‟s Operational Policy on

Involuntary Resettlement (OP 4.12), covers the involuntary taking of land that results in (i)

relocation or loss of shelter, (ii) loss of assets or access to assets; or (iii) loss of income

sources or means of livelihood, whether or not the affected persons must move to another

location.

Livelihood (income) restoration Livelihoods restoration refers to that compensation for PAPs

who suffers loss of income sources or means of livelihoods to restore their income and living

standards to the pre- displacement levels.



Right of Way. For this Policy Framework, Right of Way (ROW) is determined as a safety

corridor along a power line or substation with width, length and height specified in the Decree

106/2005/ND-CP (dated August 17th, 2005 guiding the implementation of a number of articles

under the Electricity Law regarding safety protection of high-voltage power grid) and Decree

81/2009/ND-CP (dated on 12th October 2009, amending or supplementing a number of articles

of the Government‟s Decree No. 106/205/ND-CP).

Vulnerable Groups. Vulnerable groups include those distinct groups of people who might

suffer disproportionately or face the risk of being marginalized by the effects of resettlement,

and specifically include:

a) Poor and very poor household as identified by regulations of Government of Vietnam.

b) Ethnic minority household (Ethnic Minority Planning Framework).

c) Household covered by Decree 67/2007/ND-CP of April 13th, 2007 on support policies

for social protection beneficiaries and Decree 13/2010/ND-CP of February 27th, 2010

amending and supplementing a number of articles of the Government's Decree No.

67/2007/ND-CP.



ABBREVIATION

CPC Commune People‟s Committee

TEP Transmission Efficient Project

ECOP Environmental Code of Practice

EIA Environmental Impact Assessment

EMF Electromagnetic Field

EMP Environmental Management Plan

EVN Electricity of Vietnam

GOV Government of Vietnam

HH Household

MOIT Ministry of Industry and Trade

MONRE Ministry of Natural Resources and Environment

MV Medium Voltage

NPT National Power Transmision Corporation

PAH Project Affected Household

PCBs Polychlorinated Biphenyls

NPPMB Northern Power Projects Management Board (under the NPT)

PPC Provincial People‟s Committee

WB World Bank

CSC Construction supervision Consultant

CDD Community Driven Development

DP Displaced Person

DPC District People‟s Committee

ERAV Electricity Regulatory Authority of Vietnam

GFU Grievance facilitation unit



IA Implementing Agency

NGO Non-governmental Organization

OP Operation Policy

RP Resettlement Plan

RPF Resettlement Policy Framework



SUMMARY

The subproject: “Tay Ha Noi 220kV Substation” is one of the subprojects that will be

implemented in Phase I of the Transmission Efficiency Project (TEP) funded by the World

Bank. The subproject will be implemented in Dong Quang commune of Quoc Oai district, Ha

Noi city. The implementation of the subproject is in line with the national Power

Development Master Plan 7 (PDMP7) to meet the growing electricity demand load and power

system in the West area of Hanoi city.

The subproject might affects to 121 households (454 citizens) of Dong Quang

commune, Quoc Oai district, Ha Noi. The survey conducted by the Institute of Energy reveals

that the proportion of affected land fluctuates from 0.05% to 9,23% of the total land they own.

Specifically:

- Number of DPs with less than 20% of productive land permanently

acquired: 121 HHs (454 persons)

- Number of DPs with crops permanently affected: 121 HHs (454 persons)

- Number of DPs with perennial trees permanently affected: 7 HHs (28

persons)

The Resettlement Plan of the Tay Ha Noi 220kV Substation subproject is prepared on the

basis of the Involuntary Resettlement Policy (OP 4.12) of the World Bank and the

Resettlement Policy Framework that has been approved for the Distribution Efficiency

Project.

The compensation and assistance activities for affected households are expected to start

from 2013. The estimated cost for the implementation of Resettlement Plan is

44.853.000.000 VND (will be updated when the subproject is implemented to ensure the

principle of compensation at replacement cost). Fund for the implementation of RP will be

from counterpart: Vietnam Electricity.



1. INTRODUCTION

1.1. TRANSMISSION EFFICIENCY PROJECT (TEP)

1. 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 Corporation. 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.

2. The proposed project is comprised of the following three components: (i) The

Transmission Infrastructure Component; (ii) The Smart Grid Component; and (iii) The Capacity Building and Institutional Strengthening Component.

(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.

3. 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.

4. To implement sub-projects components, land acquisition will be required. However, land

acquisition and resettlment aren‟t required in component 2 – Smart Grid Development and

component 3 – capacity improvement and system reinforcement. In this subproject, land acquisition is required only under sub-projects in component 1.

1.2. THE TAY HANOI 220KV SUBSTATION SUBPROJECT



Figure 1.1. The subproject's location

Subproject of Tay Ha Noi 220kV substation locates on Yen Noi Village, Dong Quang

Commune, Quoc Oai District, Hanoi (see Appendix1: Project Area). The subproject aims to:

- Meet the load growing demand of Northern Vietnam, especially Hanoi.

- Receive power supply from northwestern hydroelectric plants and support existing

220kV substations in the region, in a long run will become an important 500/220kV

node in the system.

- Create circuit link among regions in the system; enhance operation safety and

stability for national power system.



- Reduce power lossess of transmission grid, increasing production efficiency in

general for NPT.

The subproject includes construction and equipment installment of Tay Hanoi 220kV

substation with capacity of 2x250MVA.

Table 1.2 – Project items

Province – District/Commune Capacity (MVA) Area (m2)

Hanoi – Quoc Oai District

1. Dong Quang Commune 2x250

- Tay Ha Noi 220kV Substation 60.093,0

- Substation accessing road 3.188,0

Total 63.281,0

Substation specifications:

- Substation: 220kV/110kV/22kV

+ High voltage level : 220kV

+ Medium voltage level : 110kV

+ Low voltage level : 22kV

- Area for construction of susbstation and substation accessing road: 60.093m2

- Capacity: 2x250MVA

- 220kV side includes following compartments:

+ 2 compartments of transformers 500/220kV-900MVA

+ 2 compartments of transformers 220/110/22kV-250MVA

+ 10 outgoing compartments (2 to Hoa Binh, 2 to Ha Dong, 2 to Chem, 2 to Phuc

Tho và 2 to Hoa Lac.)

+ 1 compartment of loop circuit

+ 1 communicative compartment

- 110kV side includes following compartments:



+ 10 outgoing compartments (2 to Son Tay, 1 to Ha Dong, 1 to Chem, 2 to An

Khanh and 4 provisional outgoing compartments)

+ 1 compartment of loop circuit

+ 1 communicative compartment

+ 2 compartments for capacitors

1.3. OBJECTIVE OF THE 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.



2. LEVEL OF IMPACTS OF THE SUBPROJECT

2.1. DETERMINATION OF THE SUBPROJECT'S

2.1.1. Determination of project impacted area

The subproject will affect Dong Quang Commune, Quoc Oai District, Tay Ha Noi

capital.

Impacted area of the subproject merely includes:

Construction area of the substation:

Total occupied area of the substation: 60093.0m2; Occupied area of subsstation

accessing road 3188 m2.

Above affected area is farmland, fragmented, owned little by each household, on which

people grow crops and fruit trees besides rice. They have to do extra works other than farming

for living. The impacted area by the project does not significantly affect their living.

2.1.2. Determination of project affected people

According to the survey result, there are 121 households (451 people) affected by the

subproject, in which percentage of households having land acquired is 0.05-9.23%, including:

- Persons with cultivating land partly or fully affected (permanently);

- Persons with perennial and/or seasonal trees partly or fully affected (permanently).

- Vulnerable group affected by the subproject is mainly minor households (15

households).

Synthesized result is presented in following tables (for details see Appendix 8:

Inventory of Project affected peope):

Table 2.1.2 – Total number of affected people with classification

Description Households Persons

Permanent AP

– AP with permanently acquired land under 20% of total

farmland owned (under 10% for poor and vulnerable group) 121 454

– AP with permanently affected crops 121 454

– AP with permanently affected perennials 7 28

Total number of permanent AP 121 454

All affected persons live in Dong Quang Commune, Quoc Oai District.

Note: For more details of AP Entitlement, Compensation Policy, Enforcement Items for

types of impact, see Appendix 3. Benefit Matrix.

2.2. TYPES OF PROJECT IMPACTS

Types of impacts on AP in the subproject include:

- Having cultivation land (farmland) permanently acquired due to construction of the

substation.

- Having permanently affected crops (vegetables crops) and perennials inside the area

expected for construction of substation.

The result is described in the following tables:

2.2.1. Impacts on cultivation land

Permanent impact: The total permanent affected land area is 55687 m2, details are



summarized in the table below:

Table 2.2.1 – Permanently affected cultivation land

Unit m2

City/district/commune Farmland Total

Dong Quang Commune/Quoc

Oai/Hanoi 55687 55687

As is mentioned above, the subproject will be located in the agriculture land of Dong Quang

commune, thus, affected land is almost farming land. There will be no house, buidling or residential land in the project area.

Temporary impact: This type is expected to occur during the project construction

with the construction/expansion of the access road to the project area to carry

equipment, wire stringing….

The total temporary affected land area is approximately 2,300 m2.

2.2.2. Permanently affected crops

Part of paddy field is utilized for growing seasonal crops.

Table 2.2.2 – Permanently affected crops

Unit m2

City/district/commune Land for crops Total

Dong Quang Commune/Quoc

Oai/Hanoi 6694 6694

2.2.3. Number and types of affected perennials

Table 2.2.3 – Affected perennials

No.

Inside construction scope of substation

and substation accessing road Basic features

Note Rice

(m2)

Crops

(m2)

Fruilt

trees

(tree)

Bare land,

ponds

(m2)

Ф of

tree

(mm)

Height

(m)

1 55687 6694 35 900 25 5

Longan trees

and litchi trees

scatter

2.2.4. Affect to house and structures

Base on the invesment project report, there is no house or buidling in the subproject's

area. Most of the land used for this subproject is agiculture land.



3. LEGAL FRAMEWORK AND COMPENSATION POLICIES

3.1 LEGAL FRAMEWORK

3.1.1 The Government’s policy in Viet Nam:

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 2013.

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 1st, 2014)

Decree 181/2004/ND-CP issued on October 29th, 2004 guiding the

implementation of the Land Law revised 2003.

Decree No.188/2004/ND-CP issued on November 16th, 2004 providing the

method of land price calculation and the tariff for all types of land;

Decree 197/2004/ND-CP issued on December 3rd, 2004 on compensation,

support and resettlement when land is recovered by the state.

Decree 188/2004/ND-CP issued on November 16th, 2004 on methods to

determine land prices and assorted land price brackets.

Decree 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 17/2006/ND-CP dated January 27th, 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 84/2007/ND-CP dated May 25th 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 1st October 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 17 December 2004 providing guidance for

the implementation of Decree No.197/2004/ND-CP dated 3 December 2004 on

compensation, assistance and resettlement upon the State recovery of land;

Circular 14/TT-BTNMT dated 1st October 2009 providing detailed regulations on



compensation, assistances, relocation and process and procedures for land

acquisition, land hand-over and land lease.

Circular 57/2010/TT-BTC issued on April 16th, 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 8 January 2010 issued by the

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

2020.

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 3rd, 2004.

Decree 106/2005/ND-CP (and its associated guiding circulars) dated on August

17th, 2005, guiding the implementation of a number of articles under the

Electricity Law regarding safety protection of high-voltage power grid.

Decree 81/2009/ND-CP (and its associated guiding circulars) dated on October

12th, 2009, amending or supplementing a number of articles of the government‟s

decree No. 106/205/ND-CP of August 17th, 2005 which details and guide a

number of articles of the electricity law regarding the safe protection of high-

voltage power grid works.

Circular 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.

Current regulations on compensation, support and resettlement of local authority

applied in Resettlement Plan of subproject include: (i) Decision No.108/2009/QD-

UBND of Hanoi People Committee. (ii) Decision No.27/2013/QD-UBND dated

July 18th 2013 of Hanoi People Committee about specific regulation on

determination of land price, resettlement house price as basis for compensation,

support and resettlement when the State recovers land in Hanoi. (iii) Notice

No.7038/SCT-BG dated December 31st 2012 of Hanoi Department of Finance on

compensation and support unit price for trees, crops, cattles servicing for land

acquisition in Hanoi in 2013.

3.1.2 Policy of the World Bank

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;

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 pre-

displacement levels or to levels prevailing prior to the beginning of project

implementation, whichever is higher.

Criteria for the validity and compensation:

Who have to relocate or be affected by the project are valid compensation include: (a)

who have a legal right in land or other assets, (b) who is there has been no legal rights in land

or other assets, but has filed application for certificate authority to declare legal use in

accordance with the laws of the State, based on documents such as property tax bill land,

residential status certificate, or upon the residence of allowing local authorities to be in and

use of the land affected by the project, and (c) who have no legal right or without certification

report for the legal right to use land.

Persons of item (a) and (b) compensation for lost land and other assistance. Those

under item (c) relocation assistance, rather than compensation for the land they are and other

assistance, if necessary, to achieve the objectives outlined in this policy, if they have land

within the project area before the closing date specified in the RPs. Those who infringe on the

land after the closing date specified in the RP will not be entitled to any compensation or

resettlement assistance.

Valuation of damages and compensation method used to determine the value of

damage in projects financed by the Bank is based on the replacement cost (as defined in

section B). In this project, the damage includes the loss of land, buildings and other assets.

Replacement cost of land includes the value of land is determined by the market price plus the

cost of getting certificates of land use rights. For houses and other buildings, the value of

which is determined by the market prices of construction materials to build a replacement

house with an area and quality at least as old home before affected. For those works affected

part or entire should compensation value includes the market prices of construction materials

plus the cost of shipping materials, labor costs and contractor fees, registration fees and taxes

transfer.

3.1.3 The necessary differences and exemptions

Comparison between Government of Vietnam and World Bank Approaches: 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 1.

Table 1 Comparison of Vietnam’s and World Bank’s Policies related to Involuntary

Resettlement

Subjects Bank’s OP 4.12 Government of

Vietnam

Project Measures

Land Property

Policy objectives

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 pre-

displacement levels or

to levels prevailing

prior to the beginning

of project

implementation,

whichever is higher

Resettlement site and

its infrastructure

should have equal or

better development

conditions than the

existing one.

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.

Support for

affected

households who

have no

recognizable legal

right or claim to

the land they are

occupying

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 pre-

displacement levels or

to levels prevailing

prior to the beginning

of project

implementation,

whichever is higher)

Financial assistance

provided at different

levels depending on

the “legal” status of

affected persons

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 pre-displacement

levels.

Compensation for

illegal structures

Compensation at full

cost for all structures

regardless of legal

Provided to cover the

new structure costs.

Depending on the

Compensation at

full replacement

cost will be given




Vietnam

Project Measures

status of the DP‟s land

and structure.

“illegality status”

attributed , covering

between 80% and 0%

of the total costs

for all structures

affected, regardless

of legal status of

the land and

structure.

Compensation

Methods for

determining

compensation rates

Compensation for lost

land and other assets

should be paid at full

replacement costs,

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

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.

Compensation for

loss of income

sources or means

of livelihood

Loss of income sources

should be compensated

(whether or not the

affected persons must

move to another

location)

Assistance in respect

of income loss is given

only for registered

businesses. For

affected persons losing

agricultural land,

additional financial

support will be

provided.

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.

Compensation for

indirect impact

caused by land or

structures taking

It is good practice for

the borrower to

undertake a social

assessment and

implement measures to

minimize and mitigate

adverse economic and

social impacts,

Not addressed. Social assessment

has been

undertaken and

measures identified

and being

implemented to

minimize and

mitigate adverse




Vietnam

Project Measures

particularly upon poor

and vulnerable groups.

impacts,

particularly upon

poor and vulnerable

groups.

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.

This RPF 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 this RPF.

The measures taken to address the differences and comply with World Bank involuntary

resettlement policies are addressed under this RPF.

3.2 COMPENSATION POLICY

3.2.1 Genaral 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.1 If, by the

end of the project, livelihoods have been shown not to be restored to pre-project levels,

additional measures will be provided.

- 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 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

1 Voluntary donation might be allowed for some types of lending projects, e.g., CDD projects, where there are those who may choose to voluntarily contribute affected land for the project construction. A procedure for determining and documenting the voluntary nature of the contribution should be set up and be clearly documented in the RP.



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

assistances in accordance to approved RP for that sub-project; (ii) already-compensated

DPs have cleared the area in a timely manner; and (iii) the area is free from any encumbrances.

Temporary Resettlemen: 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

3.2.2. Policies on compensation, assistance and resettlement applied to the subproject

3.2.1.1. Compensation for Loss of Agricultural Land

1) 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 non-agricultural 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.

2) 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

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.

3) 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 well-documented 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.

3.2.2.2. Compensation for Loss of Residential Land

1) 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.

2) 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.

3) 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

providing them with additional assistance (in cash and kind) to ensure that they can afford to relocated to a new site.

- 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.

- DPs who do not have formal or customary rights to the affected land:

Financial assistance of an amount to be determined by provincial People‟s Committee

will be given.

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 DPs belong to poor or vulnerable groups or households, additional

assistance (in cash and kind) will be provided to ensure that they are able to fully relocate to a new site.

3.2.2.3. 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.

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.

3.2.2.4. 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.

3.2.2.5. 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.

3.2.2.6. 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;

3.2.2.7. 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

Project.

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.

3.2.2.8. 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.

3.2.2.9. 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. These will be detailed in the RP. They include, but are not limited to:

- Transportation allowance will be given to relocating DPs. The amount will be determined by local authority

- 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.

- 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.

- 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.

- 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 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.

- 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.

- 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.

- 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

- Other rehabilitation measures as agricultural extension services, job training and

creation, credit access, non-farm land allocation for non-farming business/activities,

and/or other measures as appropriate will be given to DPs losing major income sources to ensure their livelihood is restored to the pre-project level.

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.



4. RESETTLEMENT, SUPPORT AND COMPENSATION PLAN

4.1. COMPENSATION

Project Notification Date: Project notification date has been fixed as December 14st

2012 during survey and inventory process. Project notification date has been officially

announced by competent local authorities in very first community meetings at wards related

to the project.

Residents who encroach or move into estimated affected area after Project notification

date will have no right for compensation and resettlement. They will be requested to

dismantle structures, cut down trees or harvest their crops to clear land for the project, but

they do not have to pay any penalty. Project notification date and term “no compensation for

encroachers” have been clearly informed in community meetings.

Replacement price: In this subproject, damages only include land, perennials and crops.

Survey result shows that substation of the subproject is constructed in rural areas; most of

them have been used for gardening or rice and crops growing with long-term stability. There

is nearly no land, tree or crop transaction in these areas (mostly transferred to their children

and relatives), and though consultation with local authorities (Yen Noi Village, Dong Quang

Ward, Quoc Oai District, Hanoi), compensation price for land, trees and crops will apply

accordingly to unit price issued by Hanoi People Committee. Compensation unit price has

been widely announced in community consultation meetings and accepted by affected

households.

Decision of Hanoi People Committee on unit price applied in compensation: (i)

Decision No.108/2009/QD-UBND of Hanoi People Committee about regulations on

compensation, support and resettlement when the State recovers land in Hanoi. (ii) Decision

No.27/2013/QD-UBND dated July 18th 2013 of Hanoi People Committee about specific

regulation on determination of land price, resettlement house price as basis for compensation,

support and resettlement when the State recovers land in Hanoi. (iii) Notice No.7038/SCT-BG

dated December 31st 2012 of Hanoi Department of Finance on compensation and support unit

price for trees, crops, cattles servicing for land acquisition in Hanoi in 2013

It is necessary to notice that land unit price applied in this Resettlement Plan is only for

purpose of cost estimation (in period of preparing this Resettlement Plan). At time of

Resettlement Plan implementation (expected in 2014), land unit price will be updated to

ensure that AP will be compensated with replacement price for their losses.

Other impacts arising in the subproject will be applied Resettlement Policy Framework.

4.1.1. Compensation unit price for land

Table 4.1.1 – Permanent farmland compensation unit price

Local name

Price (dong/m2)

Land for rice Land for

seasonal tree

Land for

perennials

Land for

aquaculture

Dong Quang

Commune 135 000 135 000 158 000

135 000

LAND PRICE (Attached to Decision No.51/2012/QD-UBND dated December 28th

2012 of

Hanoi People Committee)

4.1.2. Compensation unit price for perenials

Table 4.1.2 – Perenials compensation unit price

Kinds Unit price (dong/tree)



Longan, litchi 800 000

Banana 35 000

COMPENSATION UNIT PRICE OF TREES AND CROPS FOR LAND ACQUISITION IN

HANOI 2013

(Attached to Notice No. 7038/2012/STC-BG dated December 31st 2012 of Hanoi Department

of Finance)

Note: Above Decision classifies numerous unit prices for different tree ages (usually 3-8

kinds according to tree ages), highest compensation price framework of affected perennials is

applied as table above.

4.1.3. Compensation unit price for food crops and crops

Table 4.1.3 – Food crops and crops compensation unit price

Kinds Unit price (dong /m2)

Plain rice 7 000

Corn 5 000

Kohlrabi, cabbage and

kinds of vegetables 8 000

COMPENSATION UNIT PRICE OF TREES AND CROPS FOR LAND ACQUISITION IN

HANOI 2013

(Attached to Notice No. 7038/2012/STC-BG dated December 31st 2012 of Hanoi Department

of Finance)

4.1.4. Compensation unit price for fish yield

Table 4.1.4 – Compensation unit price for fish yield

Unit price (dong /m2)

Fish

Normally fed, yield < 7 tons/ha 10 000

4.1.5. Total project compensation cost

Western Hanoi 220kV substation is located at paddy field in the territory of Yen Noi

Village, Dong Quang Commune, Quoc Oai District, Hanoi. Compensation items are

permanently acquired.

Table 4.1.5a – Compensation cost

No. Compensation

items Unit Quantity Unit (dong) Cost (dong)

1 Permanently

acquired

Land:

- For rice

- For crops

- Ponds

m2

55 687

6 694

900

135 000

135 000

135 000

8,542,935,000

7,517,745,000

903,690,000

121,500,000

Perennials:

- Longan, litchi

Tree

35

800 000

28,000,000

28,000,000

Food crop:

- Plain rice

m2

55 687

7 000

389,809,000

389,809,000

Crops:

- Kohlrabi, cabbage

and kinds of

vegetables

m2

6 694

8 000

53,552,000

53,552,000



Total 9,181,357,000

Table 4.1.5b – Summary of Land Acquisition cost:

Unit: dong

No. Items Cost

I Land compensation cost 38,443,207,500

2.1 Farmland 8,542,935,000

2.2 Living stability and training support (section 2.1 x 3,5) 29,900,272,500

II Compensation cost for perennials 28,000,000

III Compensation cost for food crop (plain rice) 389,809,000

IV Compensation cost for crops 53,552,000

TOTAL COST 38,914,568,500

4.2. LIVING REHABILITATION SUPORT FOR AFFECTED PEOPLE

In addition to direct compensation for losses, for people who are severely afected (have

to displace or lose more than 20% of owned land area or over 10% for vulnerable

households), they will alsi receive other supports (subsidies/allowances) in accordance with

Project Policy Framework. However, there is no case of this affected group in the subproject,

subsequently there is no living rehabilitation support activities in this Resettlement Plan.



5. COMMUNITY CONSULTATION AND INFORMATION ANNOUNCEMENT

5.1. COMMUNITY CONSULTATION AND PARTICIPATION

5.1.1. PUBLIC CONSULTATION

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 APs, prevented methods for

risk of shock and protect measures for the substation's area, potential impacts and minimized

methods, etc.

Institute of Energy held community meetings at People‟s Committee of Dong Quang

communes on 04th Dec. 2012. Minutes of public consultant meetings and photos are presented

in Annex 5 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 4).

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, APs‟ 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.

5.1.2. SYNTHESIS OF COMMUNITY CONSULTATION

Community consultation is carried out in 02 forms: deliver flyers Things to know about

compensation, land acquisition and power safety policies of the project; and hold community

meetings.

Flyers Things to know about compensation, land acquisition and power safety policies

of Transmission Efficiency Project have been prepared (in forms of question-answer and

images) and are delivered to 100% of affected households and officially published at project

areas (August 2013) – this is the basis for community and AP to participate in different stages

of the construction. This material consists of 2 main parts, specifically: (1) Frequentlt asked

of AP; (2) Images describing electrical accident countermeasures and power grid safety

corridor protection measures. Based on information provided in the flyers, damages and

losses survey result, compensation and support plan, Benefit Matrix and other compensation-

related works, local community and AP will directly and effectively participate into

supervision activities for implementation of the Plan. District Compensation Councils hold

meetings with concerned wards/villages to inform them about the subproject. In addition,

ward leaders also inform related local residents about potential impacts of the project,

especially Benefit Matrix.



Community consultation meeting was held at village office Yen Noi Village, Dong

Quang Commune, Quoc Oai District, Hanoi. The Owner and Consultant Unit consulted

residents‟ opinions on Resettlement Plan of subproject “Western Hanoi 220kV Substation”.

Representatives of the Owner and Consultant Unit presented to the public on the following

issues:

- Project Description: power line construction plan, location and importance of

substation and power line, financial resources invested for the project, project

objectives, project items

- Project compensation policy;

- Measures to minimize impacts and losses for residents, etc.

- Public representatives invited to community consultation meeting include:

representatives of affected households, authorities and related agencies, NGOs

(Women Union, Farmers Union, Veterans Union, etc.) and local power agency (For

more details see Apendix 5).

Table 5.1– Summary on residents’ opnion in community consultation meeting

No. Place/Time/Number of people

participating Opinions

– Village Office, Yen Noi Village,

Dong Quang Commune, Quoc

Oai District, Hanoi.

– Time: August 9th

2013

– Participated representatives: 60

persons (represented for

household)

– Request the Owner and Consultant Unit to

provide details of affected land area, announce

compensation unit price for land, trees and

assets affected by the Project;

– Request the Owner to protect environment

and people‟s health and safety during

construction process and later operation.

– It is requested to inform about project

compensation policy;

– Request the Owner and design unit to

carefully survey and have optimal designs and

construction methods in order to minimize

environmental impacts on residents;

– The implementation of the Project is of great

significance for local region and residents, so it

is requested to widely inform local residents

about the Project.

– Transportation of sand, stone and

construction materials will affect environment

and cause losses to residents, construction units

are expected to solve these and compensate;

– The Owner is requested to widely announce

Project compensation policy so affected

residents can approach.

– The Owner is requested to have appropriate

design solution to matter of electromagnetic

field for households near the substation.

Representatives of the Owner and Consultant Unit have provided information

concerning implementation time of the project, project land area, etc., received contributive

opinions and will make consideration on updating the report.



- Resettlement Plan. Apart from existing information in the material handed to

representatives, following information has been additionally provided to participants:

- Receive opinions on wide publishment of information on compensation policy for

affected households; Information will be provided at Dong Quang People

Committee, Quoc Oai District – location of the substation. Also, information will

announced by Quoc Oai Electricity Corporation;

- Land occupied by the project will be calculated and adequately compensated by the

Owner;

- During the operation of the substation, ponds and fields around substation rail

operate and cultivate normally;

- Substation design and construction solutions are in compliance with world standard,

ensuring matter of electromagnetic field for households around the substation, etc.

Above opinions and receiving opinions have bee updated in the content of this

Resettlement Plan.

5.2. DISCLOSURE

Per requirement of Bank‟s policy, the Vietnamese version of this draft report was

publically disclosed at project communes, PMBs, 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, PMBs, VDIC and InfoShop.

5.3. GRIEVANCE REDRESS ADMINISTRATIVE

APs are entitled to the complaints regarding their interests and responsibilities in the

Project implementation including but not limited to such things entitlements to compensation,

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. All complaints will be recorded, recognized and processed by the functional units at all levels.

Local mass organizations such as Fatherland Front, Farmers Association, Women‟s

Association etc. are mobilized to participate actively in the process of resolving complaints,

questions. APs can report their complaints (without any administrative and legal charges) to

the responsible units under district and commune/ward people‟s committee. PMB must ensure

having assigned staff in these responsible units to work on the project and maintaining a

throughout reporting system. Following the aforementioned arrangement, the grievance procedure will be:

- Step 1. Any persons who are not satisfied with any contents of the program of

economic recovery and resettlement can report verbally or in writing to their

Ward/Commune People‟s Committee (CPC) who will be responsible for resolving

their complaints within 15 days through inspection, and identification and proposal to

upper authorities.

- Step 2. After the due date, if there is no agreement, conciliation formed between APs

and CPC or no answer from CPC, APs can appeal to the District People‟s Committee (DPC) who will give their decisions within 30 days after receiving the complaints.

- Step 3. If after the due date, there is no agreement, conciliation formed between APs

and DPC or no answer from DPC no agreement/conciliation/answer is made, APs may



appeal to the responsible unit of Provincial People‟s Committee (PPC) who will give their decisions within 30 days after receiving the complaints.

- Step 4. If they are not satisfied with the decisions at the provincial level, APs may present their petition to their district administrative court.

AP‟s 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. All GRC should maintain a system to register queries, suggestions and

grievances of the APs. All queries, suggestions and grievances and their resolution should be

recorded and forwarded to the PMB and its functioning monitored monthly. All the cost of GRM establishing and functioning should be included in the subproject cost.



6. REPORT, SUPERVISION AND EVALUATION

The implementation of Resettlement Plan needs to be regularly checked and supervised

by PMU in close cooperation with People Committees of all levels and independent

consultant units. All findings will be recorded in quarterly report and submitted to PMU of

electricity constructions in the North, EVNNPT and World Bank.

6.1. INTERNAL SUPERVISION

NPPMB is responsible for implementing internal supervision for execution of

Resettlement Plan. Internal check and supervision aim to:

- Verify that fundamental information of AP has been done, and costs of lost or

damaged assets, compensations, resettlement and other living rehabilitation rights

have been carried out in accordance with terms of policy framework and this

Resettlement Plan.

- Supervise to ensure the implementation of Resettlement Plan is in compliance with

approved design.

- Determine financial resouces provided for NPPMB timely and sufficiently for

purpose of implementing Resettlement Plan, and confirm these funds are used in

accordance with terms of Resettlement Plan and policy framework.

- Record all complaints and solutions, and ensure complaints are dealt within regulated

time.

Staffs for resettlement and land acquisition compensation of subproject execution unit

are responsible for updating information based on some following activities:

Table 6.1 – Some fundamental activities of internal supervision and evaluation

No. Resettlement Plan activities Perform

Description

Yes No

1 Inform residents and local

authority about the project x

2 Inventory total damages x

3 Survey replacement cost x

4 Establish Resettlement Plan x

5 Approve Resettlement Plan x

- EVNNPT x

- Hanoi People Commitee

- Dong Quang Commune,

Quoc Oai District People

Committees

- World Bank

6 Proclaim Resettlement Plan x

- Project location: Dong

Quang Commune, Quoc Oai

District

x



No. Resettlement Plan activities Perform

Description

Yes No

7 Count and measure x

8 Apply compensation price (from

Resettlement Plan) x

9 Build up specific Compensation

Plan x

10 Approve Compensition Plan x

11 Annouce Compensition Plan x

12 Adjust and approve (if any) x

13

Cover compensation (including

updated amount comparing with

Resettlement Plan – for example:

number of AP, cost, affected

degree, etc.)

x

14 Internally supervise x

15 Independently supervise x

16 Report on plan implementation x

17 Collect and solve complaints x

18 Community consultation and

participation x

- Public meeting x

- Provide flyers

19 Cooperate with other agencies

(especially Compensation Council) x

20 Mid-term and end-term evaluation

(joined with the project) x



6.2. INDEPENDENT MONITORING

An independent agencies or individual consultants contracting with NPPMB periodically

carry out external monitoring and evaluation of the implementation of RPs. The independent

agencies can 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 project/subproject.

Independent monitoring can be contracted with NPT once for all sub-projects. The scope of

work and other terms of conference will be prepared by NPT which then will be sent to WB

for review.

Independent monitoring Agency will:

Prepare the action plan for the involvement of DPs; check whether the compensation

and other benefits are in line with WB‟s Policy framework or not;

Assess whether the objectives of Policy framework in tern of improving or at least

maintaining income and living standard for the DPs are successfully achieved or not;

Collect the quality indicators of the economic-social impacts of the Sub-project on DPs;

Make recommendations on adjusting the RP‟s implementation plan in individual cases

to achieve the objectives and aims of Policy framework.

6.3. REPORTING CONDITION

Internal monitoring agencies will prepare a quarterly report detailing the progress of

RP implementation; the report should be made available to EVN/NPT, WB, and independent

external monitoring agency. The terms for the independent external monitoring agency will be

detailed in the contract (Independent external monitoring agency and NPPMB).

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.



7. IMPLEMENTATION SCHEDULE

7.1. IMPLEMENTATION RESPONSIBILITY

Southern Power Project Management Board (NPPMB)

NPPMB, 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 district-level

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-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 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:

- 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

assets.

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.

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 SPPMB and WB.

7.2. IMPLEMENTATION SCHEDULE

Project Management Unit and Compensation Council:



1. Establish Compensation Council: District Compensation Council has been

established.

2. Implement public announcement 06. 2014

3. Implement detailed measurement and asset inventory 07. 2014

4. Implement compensation payment 09. 2014

Affected people:

1. Declare amount and legal status of assets 06. 2014

2. Receive compensation and clear land 09. 2014

Bid Invitation:

Equipment Bidding: 04. 2013

Construction work:

Implement construction 01. 2015

(Construction progress is expected to complete the project within 10 months)

Supervision: 06. 2014 ÷ 11. 2015

Note:

- With insignificant impact (without resettlement) and with appropriate personnel

force, community annoucement, detailed measurement and drawings and inventory

are expectedly completed within 2 months, and actual compensation work will also

be completed within 2 months.

- Above implementation progress has bên discussed between Consultant and PMU

with consideration of construction amount of the project, number of related

communes in each district, appropriate personnel force and ability of implementing

parallely several activities. All activities of Resettlement Plan must be well

completed before World Bank issues document on not objecting subprojects. Any

change in the Resettlement plan after World Bank‟s approval needs to be considered

by World Bank‟s Hanoi representative office before deployment.



8. COSTS

Cost for the implementation of Resettlement Plan: from EVNNPT.

EVNNPT will transfer this cost to PMU, NPPMB and Compensation Committee for

them to take charge:

(i) Compensation payment for AP, and

(ii) Payment for costs of all activities of Resettlement Plan.

8.1. COSTS FOR IMPLEMENTATION OF RESETTLEMENT PLAN

Costs for implementation of Resettlement Plan include:

8.1.1. Costs for Resettlement Plan establishment and detailed measurement

Resettlement Plan establishment cost

In the beginning stage preparing for Resettlement Plan establishment, a workforce for

survey is established. This force will carry out: (a) study design and survey site, (b) establish

survey and statistics forms (with preliminary measurement of real estates and asset inventory),

(c) organize community consultation and other meetings, deliver Flyers/questionaires related

to the project, etc., (d) process data, and (e) establish Resettlement Plan for approval.

PMU has signed a contract with the Consultant for the implementation of above works.

Value of contract with the Consultant (While this Resettlement Plan is prepared, the

contract has not been signed. The above value is estimated and proposed by the Consultant):

210,000,000 dong

Detailed measurement, drawing and inventory cost

Preparing for implementation of Resettlement Plan, work support groups of DCC are

mobilized to: (a) prepare for deatiled measurement and drawing, statistics forms, materials on

resettlement, (b) organize community meetings, (c) deatiled measurement and drawing and

inventory, (d) negociate with AP and (e) complete compensation form for AP and submit to

DCC for approval.

Cost for deatiled measurement and inventory (temporary): 220,000,000 dong

Total cost for Resettlement Plan establishment and detailed measurement: 430,000,000

dong

8.1.2. Cost for compensation

- Compensation for permanently acquired lands.

- Compensation for permanently affected perennials (including tree cut cost), food

crops and crops.

(For more details see Section 4.1.5. Total project compensation cost)

8.1.3. Cost for management

Cost for personnel of PMU and Compensation Council: include basic salary and

allowance for administrative organization. Local PMU and Compensation Committee will

deploy numerous works during the implementation of the project, and only few members are

contracted for work in a given period of time.

Cost for training, meetings and information annoucement: One intermediate and one

primary training course are expectedly organized at the beginning of the implementation of

Resettlement Plan, and one workshop is expectedly organized at the beginning of

compensation payment. For the convenience of project-related local authorites, training

courses and workshop are proposed as short-term ones: 01 day.

Total cost for Management: 786,891,370 dong

(estimated 2% of total cost for Resettlement Plan establishment and compensation)



8.1.4. Cost for supervision

Cost for independent offline consultant unit: still cannot estimate exact cost yet, thus

approximately 2% of total cost for Resettlement Plan establishment and compensation.

8.1.5. Contingency

Up until expected time for implementing Resettlement Plan (2012) and from experience

gained through executed and executing projects with similar nature, contingency is calculated

as about 20% of total cost for compensation and Resettlement Plan establishment.

8.2. TOTAL COST ESTIMATE OF RESETTLEMENT PLAN

Bảng 8.2 – Total cost estimate of Resettlement Plan

Unit: dong

STT Items Cost

I Resettlement Plan preparation and Detailed Measure 430,000,000

1.1 Begining stage (Resettlement Plan Preparation) 210,000,000

1.2 Implementating stage (detailed measure and draw,

inventory) 220,000,000

II Compensation cost 38,914,568,500

2.1 Farmland 8,542,935,000

2.2 Living stability and training support (section 2.1 x 3,5) 29,900,272,500

2.3 Compensation cost for perennials 28,000,000

2.4 Compensation cost for food crop (plain rice) 389,809,000

2.5 Compensation cost for crops 53,552,000

III Compensation ost for land acquisition (2%(I+II)) 786,891,370

IV Cost for compensation supervision (TT 2%(I+II)) 786,891,370

VI Contingency (10%(I+II)) 3,934,456,850

TOTAL COST

Rounded

44,852,808,090

44,853,000,000

Subproject: Tay Ha Noi 220kV Substation

Resettlement Plan 44

APPENDICES

1. Project Areas

2. Entitlement Matrix

3. Agreements on T/L Routes

4. Minutes and photos of Community Meetings

5. Samples of 'Questionnaire'

6. Samples of 'Pamphlet'

7. Inventory of Sub-project Affected People



Appendix 1

SUBPROJECT’S AREA



The position of Tay Ha Noi 220kV Sbstation



Appendix 2

ENTITLEMENT MATRIX



Appendix matrix

No. Type of loss Application Definition of

entitled DPs Compensation Policy Implementation Issues

1 Temporary

acquisition of

productive land

in ROW

All DPs have

trees, crops,

other assets in

ROW

DPs with/without

land certificate

included in the

inventory or able to

prove land

occupancy prior to

cut-off date.

- Cash compensation for affected trees

at the replacement cost plus cost for

cutting trees, crops at market price.

Number of crop patterns to be

compensated based on the time of

temporarily acquired of land.

- No compensation for land

- Rehabilitate land after the project

construction.

- Trees have to be cut are regulated by Article 5

of the Government Decree 106/2005/ND-CP

dt.Aug 17th, 2005 on the protection of the high

voltage networks and additional issues as stated

in decree 81/2009/ND-CP, dated on October

12, 2009, revising and supplementing a number

of articles under decree 106/2005/ND-CP..

- PCs and local authorities determine and

ensure that compensation for trees will be at the

replacement cost and for crops at the market

price. If DP is requested for cutting affected

trees, PCs or Provinces will pay money for this

work. DP has right for using salvageable trees.

- Full compensation at least 01 month before

land clearance. Payment to DPs will be

delivered by PC and/or District Resettlement

Committees (DRCs).

- Affected land in ROW will be rehabilitated

by contractors after the project construction and

land in ROW could be used with the restricted

purposes.

- Finance available for compensation and well

information disclose/ disseminate to DPs and

key stake holders.

2 Temporary

acquisition of

residential and

garden land in

All DPs with

orchards or

trees in ROW

-do- Cash compensation for affected fruit

trees and trees at replacement cost.

No compensation for land

Rehabilitate land after the project

Trees have to be cut are regulated by Article 5

of the Government Decree 106/2005/ND-CP







ROW without

house or

structures in

ROW

construction. in decree 81/2009/ND-CP, dated on October



PCs and local authorities determine and ensure

that compensation for trees will be at the

replacement cost. If DP is requested for cutting

affected trees, PC or Provinces will pay money

for this work. DP has right for using

salvageable trees.

Full compensation to DPs at least 01 month

before land clearance. Affected land in ROW

will be rehabilitated by contractors after the

project construction

Payment to DPs will be delivered by PCs and

DRCs

Finance available for compensation and well


key stake holders.

3 Temporary

impact on

residential and

garden land.

Partial

house/building

within ROW

and the

demolished

area does not

impact to the

remaining

All DPs have

house/building

and trees/fruit

trees in ROW

-do- House/ building:

- DP can opt for : i) Remain their

houses or building in ROW with the

conditions regulated by Article 6 of

the Government Decree

106/2005/ND-CP dt.Aug 17th, 2005

on the protection of the high voltage

networks and additional issues as

stated in decree 81/2009/ND- CP,

dated on October 12, 2009, revising

and supplementing a number of

articles under decree 106/2005/ND-

- House and building have to be demolished or

could be existed are regulated by Article 5,6 of

the Government Decree 106/2005/ND-CP





of articles under decree 106/2005/ND-CP.


ensure that compensation will be paid at the

replacement cost, without deduction for

salvageable materials.





house/building.

Residential

land and

garden land

outside of

ROW is

sufficient for

re-organizing

(not less than

60 m2).

CP. Subsidy allowance for fireproof

materials and lightning arrestors for

the existing house/building; or ii)

Cash compensation for the directly

affected rooms at the replacement cost

and cost for demolishing an affected

room.

- No compensation for land.


construction by contractors.

Tree and fruit tree

- Compensation for affected trees and

fruit trees at the replacement cost.

Allowances:

- Relocating allowance of 30 kg of rice

equivalent per person per month in six

months.

- DPs will demolish the impacted part/ room

and reconstruct/or improve their houses

themselves.

- Full compensation for trees and fruit trees at

least 01 month before land clearance. If DP is

requested for cutting affected trees, PC or

project provinces will pay money for this work.

DP has right for using salvageable trees.

- Full entitlement payment to DPs impacted

on house/building at least 03 months before

land clearance.

- Payment to DPs will be delivered by PCs

and/or DRCs

- Land in ROW could be used with restricted

purposes.

- Finance available for compensation and well


all key stake holders.

4 Temporary

impact on

residential and

or garden land,

but the

demolished

area will

impact to the

remaining of

house/structure.

Land outside of

ROW is

All DPs have

house/building

and trees/fruit

trees in ROW

-do- House/ building:

- DP can opt for : i) Remain their

houses or building in ROW with the

conditions regulated by Article 6 of

the Government Decree

106/2005/ND-CP dt.Aug 17th, 2005



stated in decree 81/2009/ND- CP,





could be existed are regulated by Article 6 of







- Consultation for DP‟s options on remains

their house in ROW or move out of ROW.


ensure that compensation will be replacement





sufficient for

reorganizing

(not less than 60

m2 for urban

areas and 100

m2 for urban

areas).




Cash compensation at replacement

cost for full areas of impacted

house/building and demolish DP‟s

house in ROW.

- No compensation for land.


construction by contractors.

Tree and fruit tree



Allowances:

Relocation allowance of 30 kg of rice

equivalent per person per month in six

months.

cost at the time of payment.

- DPs will demolish the impacted areas and

reconstruct/or improve their houses themselves.

- Full compensation for trees and fruit trees to

DPs at least 01 month before land clearance. If

DP is requested for cutting affected trees, PMB

will pay money for this work. DP has right for

using salvageable trees.

- Full compensation payment for impacted

house and allowances to DPs at least 03

months before land clearance.

- Payment to DPs will be delivered by PCs and

DRCs

- Cleared residential could be reused with other

restricted purposes.

Finance available for compensation/

rehabilitation and well information disclose/

disseminate

5 Temporary

impact on

residential and

or garden land

in ROW. Full

or partial

house/building

impacted and

land outside of

is not

sufficient for

reorganizing

All DPs have

house/building

and trees, fruit

trees in ROW

-do- DPs can opt for one of the followings:

i) Remain their houses or building in

ROW with the conditions regulated by

Article 6 of the Government Decree

106/2005/ND-CP dt.Aug 17th, 2005



stated in decree 81/2009/ND-CP,






could be existed are regulated by Article 6 of







Consultation for DP‟s options on remain their

house in ROW or move out of ROW

- PMB and local authorities determine and

ensure that compensation will be at





(less than 60

m2)



Cash compensation for the whole

residential area which DP occupied

(not only for the impacted areas) and

properties associated with occupied

land at replacement cost. Impacted

land will be obtained by local

authorities; or ii) “Land for land” with

the same area which DP occupied and

cash at replacement cost for the

affected assets associated with land.

Land occupied by DP will be obtained

by local authorities.



Allowances:

- Relocating allowance of 30 kg of

rice equivalent per person per month

in six months

- Transportation allowance for

relocating DP according to the

Compensation Decree 197/2004/ND-

CP dated Dec 3rd , 2004 of GOV.

- Rehabilitation assistance if DPs

permanently losing business or more

than 10% of their incomes.

Incentive for relocating in a timely

manner: maximum 5,000,000

VND/HH

replacement cost at the time of payment.

- Replacement land, and resettlement sites

development

- DPs receive compensation will demolish the

impacted house areas and reconstruct/or

improve their houses themselves.

- Full compensation payment for trees and fruit

trees to DPs at least 01 month before land

clearance. If DP is requested for cutting

affected trees, PCs or project provinces will

pay money for this work. DP has right for

using salvageable trees.

- Full compensation for impacted house and

allowances to DPs at least 05 months before

land clearance.

- Payment to DPs will be delivered by PCs and

DRCs

- Cleared residential could be used with other

restricted purposes.

- Finance/ land available for rehabilitation and

restoration and well information disclose/

disseminate to DPs and key stake holders..

- PCs and local authorities will consult with DP

who are eligible to restoration programs for

their options and prepare proposal for

restoration programs in the period of RAP

implementation.





Permanent

acquisition of

land for tower

foundations,

substation and

access roads

etc.

All DPs

occupied

land and

properties

associated

with land

permanently

impacted by

towers

foundations,

substation

and access

roads etc

-do- For DP losing productive land:

a. Land loss less than 20% of their

total landholdings, and 10% for the

poor and vulnerable group

Cash compensation for the lost area

if the remaining plot is still

economically viable.

Cash compensation for the whole

impacted plot if the remaining plot is

not economically viable.

Cash compensation for properties

associated with land

b. Land loss equal or more than 20%

of their total landholdings, and 10%

or more for the poor and vulnerable

group:

DP can opt for the followings:

“Landfor land” with the same area

and productive of impacted area if

the remaining plots are still

economic viable and for the whole

impacted plots if the remaining plots

are not economic viable

Cash for land at the replacement

cost.

Compensation for trees and affected


Rehabilitation assistances.

For DP losing Residential and garden

land:

Consultation for DP‟s options on land

compensation.

PMB and local authorities determine and

ensure that compensation will be at

replacement cost at the time of payment.

Replacement land, and resettlement sites

development.

DPs receiving compensation will demolish the

impacted areas and reconstruct/or improve

their houses themselves.

Full compensation for trees and fruit trees to

DPs at least 01 month before land clearance.

If DP is requested for cutting affected trees,

PMB will pay money for this work. DP has

right for using salvageable trees.

Full compensation for impacted house and

allowances to DPs at least 05 months before

land clearance.

No award civil work contract before

completion of compensation and reorganizing

houses or relocation.

Payment to DPs will be delivered by PCs and

DRCs

Finance/ land available for compensation/

rehabilitation and well information disclose/

disseminate.

PCs and local authorities will consult with DP

who are eligible to restoration for their

options and prepare proposal for restoration

programs in the period of RAP





With respect to garden land or ponds

which are attached to the affected

residential land, and the affected

agricultural land which is located

within the residential/settlement area,

the Project will provide an assistance

of 50% of price of the neighboring

residential land in addition to

compensation at replacement cost for

agricultural land as regulated by the

laws.

With respect to residential land, DP

will be entitled to:

If remaining land is sufficient for

reorganizing (not less than 60 m2):

Cash compensation for lost area and

assets associated with land.

If remaining land is not sufficient for

reorganizing:

DP can opt for i) cash compensation

at replacement cost for land and

assets on land, or ii) “land for land”

compensation for the whole

residential area which DP occupied

(not only for the impacted areas) and

properties associated with occupied

land. For affected house and

building, the same entitlement to DP

of categories 3 or 4 or 5.

implementation.

DPs will be granted with Land Use Right

Certificate without payment of administrative

fees.

7 DP impacted on All DPs -do- Temporary impact on business or Full compensation for incomes lost to DPs at





business or

other services

impacted on

business and

other services

other services.

Compensation for income lost in the

affected time

Permanent impact on business or other

services.

Rehabilitation assistance.

least 01 month before land clearance.

PCs and local authorities will consult with DP

who are eligible to rehabilitation for their

options and prepare proposal for rehabilitation

programs in the period of RAP implementation.

8 Public Work

Temporary

Impacts

All

impacted

institutional

DPs (who

directly

manage and

operate

such

impacted

public work

system)

All impacted

institutional DPs

shall be

approached in

advance for

cooperation for

impact mitigation

measure as well

as measure for

maintaining the

normal

functioning of

their impacted

system by the

Contractor (s)

Alternative measures to maintain

the normal functional of the public

work (i.e road, water supply,

drainage system, telephone line ect)

Reinstatement after the project

construction

All expense on alternative measures

to maintain the normal functioning

of the impacted system shall be

born by Contractor (s)

Contract (s) with Contractor (s) should bear

one article on this specific responsibility of

the contractor (s)

Approach for institutional DPs for

cooperation

Arrange and pay the expenses for te

alternative measures to maintain the normal

functioning of the impacted system to the

satisfaction of the institutional DPs.

Permanent

Impacts

-do- -do- Alternative measures to maintain

the normal functional of the public

work (i.e road, water supply,

drainage system, telephone line ect)

-do-

Complete the work for “alternative solution”

prior to commencement of the project work.



Appendix 3

AGREEMENTS ON SUBSTATION’S POSITION



Appendix 4

SAMPLES OF MINUTES OF COMMUNITY MEETINGS



Appendix 5

PHOTOS



Working with Dong Quang People‟s Community



Conducting survey



Appendix 6

BROCHURES



TẬP ĐOÀN ĐIỆN LỰC VIỆT NAM

TỔNG CÔNG TY TRUYỀN TẢI

ĐIỆN QUÔC GIA

Dự án truyền tải hiệu quả (TEP) sử dụng vốn vay của Ngân hàng Thế giới cho việc xây dựng cơ sở hạ tầng truyền tải điện ở các khu vực phát triển kinh tế trọng điểm của quốc gia Cơ cấu đầu tư của dự án: nghành điện vay vốn của WB thông qua Chính phủ để đầu tư ĐZ và TBA 220kV, 500kV

12. Khi hộ ảnh hưởng không chấp nhận kết quả đo đếm tài sản bị ảnh hưởng, muốn thắc mắc về các vấn đề khác, đơn khiếu nại gửi đi đâu? - Bước 1: Gửi lên UBND xã để xem xét giải quyết trong vòng 15 ngày. - Bước 2: Nếu những người khiếu nại không đồng ý với quyết định trong bước 1 thì người đó có quyền khiếu nại lên UBND huyện và đơn vị này sẽ ra quyết định trong vòng 30 ngày. - Bước 3: Nếu người khiếu nại vẫn chưa thỏa mãn với quyết định ở cấp huyện thì người đó có thể

gửi đơn khiếu nại lên đơn vị có trách nhiệm của UBND tỉnh và đơn vị này sẽ ra quyết định về khiếu nại này trong vòng 30 ngày. - Bước 4: Nếu người HBAH vẫn tiếp tục không thoả mãn với quyết định của chính quyền cấp tỉnh thì họ sẽ gửi đơn khiếu nại lên trung ương.

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3. Dùng sào tre, cây gỗ khô gạt dây điện ra khỏi nạn

nhân

4. Không dựng anten gần đường dây điện, khi có khả

năng va quệt vào đường dây điện

5. Không trèo lên trụ điện để sửa chữa hoặc tháo dỡ bất

cứ vật gì

6. Không chặt các cây cao gần đường dây điện

1. Thế nào là hộ bị ảnh hưởng của dự án?

Tất cả các tổ chức, gia đình, cá nhân (gọi chung là hộ bị ảnh hưởng – HBAH) đang

sử dụng đất và có tài sản trên đất như: nhà cửa, công trình xây dựng, cây cối, hoa

màu trong phạm vi bảo vệ trạm biến áp được xây dựng trong dự án.

2. Ai sẽ xác định các khu vực bị ảnh hưởng và các loại tài sản bị ảnh hưởng?

- Ban QLDA các công trình điện miền Bắc thuộc Tổng Công ty Truyền tải điện Quốc gia sẽ cung cấp bản vẽ mặt bặng vị trí trạm biến áp cho Ban đền bù của huyện/ xã liên quan. - Hội đồng đền bù của huyện có trách nhiệm xác định các khu vực bị ảnh hưởng và điều tra, thống kê các loại tài sản bị ảnh hưởng.

- Khu vực bị ảnh hưởng là phần xác định chiều rộng, chiều dài, chiều cao của trạm biến áp được quy định trong Nghị định 106/2005/NĐ-CP (ngày 17 tháng 8 năm 2005 hướng dẫn thực hiện một số điều của Luật Điện lực về bảo vệ an toàn lưới điện cao áp) và Nghị định 81/2009/NĐ-CP (ngày 12 tháng 10 năm 2009 về sửa đổi, bổ sung một số điều của Nghị định số 106/205/NĐ-CP)

13. Cơ quan nào giám sát việc chi trả tiền đền bù? Ban QLDA và Cơ quan giám sát độc lập về đền bù giải phóng mặt bằng sẽ theo dõi đánh giá về việc này

14. Hộ bị ảnh hưởng có trách nhiệm gì? - Hộ bị ảnh hưởng cần chuẩn bị sẵn sàng các loại giấy tờ có liên quan đến việc sử dụng đát, sở hữu tài sản của mình và các loại giấy tờ có liên quan đến việc cư trú tại địa phương.

- Cùng tham gia kiểm kê tài sản trong phạm vi giải phóng mặt bằng, xem xét biểu mẫu điều tra về tài sản bị ảnh hưởng và ghi ý kiến vào phiếu. - Khi nhận đủ tiền đền bù và các khoản hỗ trợ, hộ bị ảnh hưởng phải giao mặt bằng đúng thời hạn quy định, không làm chậm tiến độ thi công dự án. DỰ ÁN TRUYỀN TẢI HIỆU QUẢ VAY

VỐN NGÂN HÀNG THẾ GIỚI 3. Có mấy loại ảnh hưởng?

Ảnh hưởng vĩnh viễn: đất đai, nhà cửa, các công trình xay dựng và các tài sản khác (cây lâu năm và mùa vụ) trong phạm vi vị trí trạm biến áp.

4. Ai sẽ được đền bù, ai không được đền bù?

- Tất cả các HHBAH có tài sản (nhà cửa, cây cối, hoa màu, đất) thuộc phạm vi thu

hòi, giải tỏa để xâ dựng công trình, hoặc có đủ chứng cớ hợp pháp chứng minh được quyền sử dụng đất đai, quyền sở hữu tài sản bị ảnh hưởng trước ngày khóa sổ điều tra đều được đền bù và hỗ trợ. - Hộ lấn chiếm đất, xây dựng sau ngày khóa sổ điều tra là hộ trục lợi, bất hợp pháp. Các hộ này sẽ phải tự tháo dỡ, giải phóng mặt bằng và không được đền bù.

15. Bất cứ khi nào cần, hộ bị ảnh hưởng có thể viết đơn, thư hoặc trực tiếp đến các cơ quan sau: Địa chỉ: * Tổng Công ty Truyền tải Quốc gia * Hội đồng đền bù thành phố/ huyện * Ban QLDA các công trình điện miền Bắc

Số 1111 Hồng Hà, quận Hoàn Kiếm, tp Hà Nội

5. Giá đền bù như thế nào?

Giá trị đến bù được tính theo đơn giá đền bù của UBND thành phố trên cơ sở phản

ánh đúng giá thị trường về đất và các loại tài sản khác ở địa phương tại thời điểm chi trả đền bù, không có khấu hao về nhà cửa, không trừ các loại vật liệu có thể tháo dỡ, sử dụng lại được. Đất đai được đền bù bằng đất cùng hạng và diện tích tương đương (nếu địa phương còn quỹ đất) hoặc bằng tiền mặt. 6. Nhà bị ảnh hưởng một phần được đền bù như thế nào? Nếu phần bị ảnh hưởng không liên quan đến kết cấu của nhà và không ảnh hưởng

đến việc bố trí sử dụng phần nhà còn lại thì HBAH chỉ được đền bù phần diện tích bị ảnh hưởng. Nếu phần bị ảnh hưởng do dự án có liên quan đến kết cấu hoặc phần còn lại không thể sử dụng thì HBAH sẽ được đền bù toàn bộ căn nhà

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1. Không tuốt lúa gần đường dây điện

2. Không dùng tre, gỗ…có kích thước nhỏ làm cột điện

7. Khi nào được đền bù, khi nào phải di chuyển hoặc chặt dọn các loại cây và

hoa màu?

- Nếu hộ phải chuyển nhà đi nơi khác thì đền bù đầy đủ đất và nhà ít nhất trước khi thu hồi là 3 tháng. - Hộ tái bố trí trên phần đất của mình thì đền bù nhà và các công trình xây dựng ít nhất trước khi thu hồi đất là 2 tháng. - Cây cối và hòa màu sẽ được đền bù ít nhất 1 tháng trước khi xây dựng công trình.

8. Ngoài việc đền bù các hộ phải di chuyển có được hưởng quyền lợi nào nữa

không? - Có, hộ bị ảnh hưởng thuộc loại này còn được hỗ trợ về di chuyển, ổn định cuộc sống, đặc biệt là các gia đình chính sách. Các khoản hỗ trợ thực hiện theo quy định của Nghị định 197/NĐ-CP ngày 3/12/2004.

9. Nếu Ban đền bù chi trả một phần đền bù và các khoản hỗ trợ và yêu cầu HBAH giao đất cho dự án thì HBAH sẽ xử lý như thế nào? Chỉ khi nào được trả đầy đủ đền bù và các khoản hỗ trợ theo đúng thời gian quy định thì hộ bị ảnh hưởng mới giao đất hoặc giải tỏa mặt bằng cho dự án.

NHỨNG ĐIỀU CẦN BIẾT VỀ

CHÍNH SÁCH ĐỀN BÙ,

GIẢI PHÓNG MẶT BẰNG

VÀ AN TOÀN ĐIỆN

SỐ 4, NGUYỄN KHẮC NHU, QUẬN BA ĐÌNH, TP HÀ NỘI

10. Nếu khi nhận đền bù mà có ai hoặc có tổ chức nào yêu cầu đóng góp hoặc giữ

lại một phần tiền thì HBAH sẽ xử lý như thế nào? Không ai được phép giữ, thu bất cứ khoản nào từ tiền đền bù của các hộ bị ảnh hưởng. Nếu ai hoặc tổ chức nào yêu cầu giữ lại tiền, đề nghị hộ báo ngày cho Ban đền bù huyện, Ban QLDA hoặc chính quyền địa phương biết để xử lý.

11. Ai có trách nhiệm thông báo về thời gian đền bù, thời gian đền bù, thời gian thu hồi đất và các loại thông tin có liên quan đến dự án?

Ban chỉ đạo của thành phố và Ban đền bù của huyện có trách nhiệm thông báo rõ ràng với địa phương và các hộ bị ảnh hưởng về thời gian chi trả đền bù, thời gian thu hồi đất để xây dựng dự án, công khai thông tin về các chính sách quyền lợi cho các hộ bị ảnh hưởng.



Cấm vượt qua hàng rào trạm biến áp

Cấm bố trí ăngten, dây phơi, giàn giáo,

biển, hộp, đèn quảng cáo tại các vị trí

mà khi đổ, rơi có thể va quệt vào dây

điện

Cấm đốt nương rẫy trong và gần hành

lang lưới điện



Cấm thả diều hoặc vật bay gần công trình lưới

điện

Cấm đòa ao, kênh, mương… gần công trình lưới

điện làm mất an toàn lưới điện

Cấm bắn chim hoặc ném bất cứ vật gì lên dây

dẫn và các bộ phần của công trình lưới điện

Cấm xây dựng cây xăng, sắp xếp các chất dễ

cháy nổ trung bình trong hành lang bảo vệ lưới

điện



Appendix 7

INVENTORY OF PROJECT AFFECTED PEOPLE

TAY HA NOI 220KV SUBSTATION - The World Bank · Tay Ha Noi 220kV Substation Resettlement Plan...

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Transcript of TAY HA NOI 220KV SUBSTATION - The World Bank · Tay Ha Noi 220kV Substation Resettlement Plan...