VIE: Power Transmission Investment Program, Tranche 2 ... · The 220kV Cau Bong – Hoc Mon –...

Social Monitoring Report 1st Independent Monitoring Report September 2015

VIE: Power Transmission Investment Program,

Tranche 2 – 220kV Cau Bong-Hoc Mon-Binh Tan

Transmission Line

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

Transmission Corporation and the Asian Development Bank.

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

Independent Monitoring for Resettlement Report

First Monitoring Report

September 2015

POWER TRANSMISSION INVESTMENT PROGRAM - TRANCHE 2

Project: 220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line

Project Number: 42039-035

Prepared by APEConsult for Southern Power Management Board (SPMB) and the

Asian Development Bank (ADB).

This independent monitoring for resettlement report is a document of the borrower. The

views expressed herein do not necessarily represent those of ADB's Board of Directors,

Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making

any designation of or reference to a particular territory or geographic area in this

document, the Asian Development Bank does not intend to make any judgments as to the

legal or other status of any territory or area..

POWER TRANSMISSION INVESTMENT PROGRAM

TRANCHE 2

FIRST MONITORING REPORT

Independent Monitoring for

Resettlement

220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line

220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project

First Monitoring Report Page | 1

Abbreviations

ADB Asian Development Bank

AP (project) Affected Person

AH (project) Affected Household

CARB Compensation, Assistance and Resettlement Board

CARC Compensation, Assistance and Resettlement Council

CPC Commune People’s Committee

DDR Due Diligence Report

DMS Detailed Measurement Survey

DP Displaced Persons

DPC District People’s Committee

EMC External Monitoring Consultant

EMA External Monitoring Agency

EVN Vietnam Electricity

GoV Government

HH Household

IOL Inventory of Losses

LURC Land Use Rights Certificate

NPT National Power Transmission Corporation

PPC Provincial Peoples Committee

REMDF Resettlement and Ethnic Minority Development Framework

ROW Right of Way

RP Resettlement Plan

SES Socio-Economic Survey

SPMB Southern Power Project Management Board

SPS Safeguard Policy Statement

USD United States Dollars

VND Viet Nam Dong



TABLE OF CONTENTS

PART A – GENERAL INFORMATION ..................................................................................... 5

I. OVERVIEWS ............................................................................................................. 6

1.1. Project Description ..................................................................................................... 6

1.2. Summary of Resettlement Plan .................................................................................. 7

II. DESIGN AND IMPLEMENTATION OF MONITORING SYSTEM ............................... 9

2.1. Objectives of independent monitoring for resettlement ............................................... 9

2.1. Foundations for actitities of resettlement monitoring ................................................... 9

2.2. Monitoring indicators .................................................................................................10

III. APPROACHES AND IMPLEMENTATION OF THE FIRST MONITORING STAGE . 11

3.1. Approaches ...............................................................................................................11

3.2. Monitoring Methods ...................................................................................................11

PART B – RESULTS OF MONITORING ................................................................................ 12

I. ORGANIZATION FOR IMPLEMENTATION OF THE FIRST MONITORING STAGE 13

1.1. Organization for implementation of the first monitoring stage ....................................13

1.2. Main activities deployed ............................................................................................13

1.3. Advantages and difficulties during the first monitoring stage .....................................13

II. MONITORING RESULTS ........................................................................................ 13

2.1. Update the number of PAHs and scale of land acquisition ........................................14

2.2. Public consultation and information disclosure ..........................................................16

2.3. Detailed Measurement Surveys (DMS) .....................................................................17

2.4. Replacement Cost Surveys (RCS) ............................................................................17

2.5. Progress of compensation, assistance and resettlement activities ............................19

2.6. Progress of site clearance and deployment the construction activities ......................20

2.7. Implementation procedures for Compensation ..........................................................22

2.8. Compensation records ..............................................................................................22

2.9. Grievance Redress ...................................................................................................23

2.10. Organizational structures for implementation of compensation, assistance and

resettlement of the project. ........................................................................................23

PART C – CONCLUSIONS AND RECOMMENDATIONS...................................................... 26

I. CONCLUSIONS ....................................................................................................... 27

II. RECOMMENDATIONS ............................................................................................ 28

PART D – APPENDICES ....................................................................................................... 29

4.1. Appendix 1 – Information on first monitoring actities .................................................30

4.2. Appendix 2 - List of person who the Consultant met ..................................................32

4.3. Appendix 3 – Information Collection Forms ...............................................................33

4.4. Appendix 4 – Structural questionnaires to collect information on site ........................35

4.5. Appendix 5 – Some pictures of first moritoring ..........................................................38



LIST OF TABLES

Table 1 - Components of 220kV Cau Bong – Hoc Mon – Binh Tan TL ..................................... 7

Table 2 – Technical Specifications ........................................................................................... 7

Table 3 – The scale of land acquisition of the 220kV Cau Bong – Hoc Mon – Binh Tan

Branches TL ............................................................................................................................ 8

Table 4 – Update the project’s impacts at the monitoring ....................................................... 14

Table 5 - Changes of No. of PAHs and scale of land acquisition ............................................ 15

Table 6 – Detailed changes of scale of land acquisition for the foundations and ROWs ......... 15

Table 7 - Working team Composition and Tasks Assigned .................................................... 30

Table 8 - List of person who the Consultant met .................................................................... 32



SUMMARY

Pursuant to the requirements specified in the terms of reference (TOR) for Consulting Service

for Independent Monitoring for Resettlement for the 220kV Cau Bong - Hoc Mon – Binh Tan,

independent monitoring consultant (JSC Consulting Asia Pacific - APEC Consult. (hereinafter

referred to as the Consultant) launched a first round of monitoring in the project area (Duc Hoa

District, Long An province and Cu Chi - TP. HCM) from 24/08/2015.

During the monitoring, the Consultant worked with SPMB, Compensation, Assistance and

Resettlement Board of districts to collect the relevant information on the implementation of

compensation, support and resettlements for AHs following the monitoring and evaluation

indicators that develop in the inception report. Due to compensation plan for AHs in all districts

of the project has not approved and has not paid compensation/ allowance so activities at site

and interviews with questionnaires for the affected households have not been implemented.

The monitoring results showed that a coordination mechanism between SPMB and the

implementing agencies at the local have been established and operated effectively. SPMB and

implementing agencies has been fully complied with processes in implementing activities of

land acquisition, compensation and resettlement. The activities of public consultation and

information disclosure, survey replacement costs, resolve complaints and inquiries of affected

households ... have done well and in full compliance with the regulation of the Government of

Vietnam and requirements for safeguard policy statements of the Asian Development Bank

(ADB).

However, the progress of the compensation in 05 communes of Cu Chi district- Ho Chi Minh

City is very slow and did not meet the requirements as schedule. The main reason is due to

the changes of the land management policies stipulated in the Land Law 2014 (Law No.

45/2013/QH13) which started taking effect since July 2014, and therefore, the implementation

of compensation activities of the project was delayed, because the local implementing

agencies have to wait for the secondary legislation for implementation. Alternatively, due to

some changes of the land management policies, especially issue of “the principle of determining the land prices have to follow the legitimate using purpose of the land at the time

of valuation” caused many difficulties for the district implementing agencies in the determination of compensation prices for the agricultural land at replacement costs and this is

key reason that cause to progress of implementing compensation of the project.



PART A – GENERAL INFORMATION



I. OVERVIEWS

Asian Pacific Consultant Joint Stock Company (APEC Consult – hereafter called “the Consultant”) have awarded as the Consultant for Resettlement Independent Monitoring for the 220kV Cau Bong – Hoc Mon – Binh Tan Transmission Lines (hereafter called “the Project”) following the contract No. 08/2015/HDTV dated 27 July 2015 signed between the Southern

Power Project Management Board (SPMB) and APEC Consult. Based on requirements of the

contract, the Consultant will conduct 3 periodic monitoring with every 6 months during the RP

implementation, starting from August 2015

Based on progress of implementation of the compensation, land clearance of the project and

approved monitoring plan in Inception report by SPMB, implemented first monitoring activities

by the Consultant in August, 2015 in all districts in project, including: (i) Củ Chi district; (ii) Hoc

Mon district; and (iii) district 12 – Ho Chi Minh City from 24th August 2015 to 27th August 2015.

Monitoring report will include 4 main parts: (i) Part A – General information; (ii) Part B –

Results of Monitoring; (iii) Part C – Conclusions and recommendations; and Part D - Appendix

1.1. Project Description

1.1.1. Power Transmission Investment Program

The Social Republic of Vietnam has received a loan (VIE 42039) from the Asian Development

Bank (ADB) towards the cost of “the Power Transmission Investment Program”. The Project

shall be financed through the Multi-Financing Facility (MFF) of ADB. The National Power

Transmission Corporation (NPT) is the Project executing agency (EA) while the Southern

Vietnam Power Projects Management Board (SPPMB) is the implementing agency (IA).

Tranche 1 had implemented from 20112, including 4 projects: (i) 500/220 kV Pho Noi

Substation; (ii) 500/220 kV Pho Noi – Bac Ninh2; (iii) 220kV Phu My 2 Substation and (iv)

220kV Song May – Uyen Hung transmission line.

Tranche 2 of the program will include 3 projects: (i) 550kV double circuit Pleiku – My Phuoc –

Cau Bong transmission line with the length of 437 km in 5 provinces and 01 city: Gia Lai, Dak

Lak, Dak Nong, Binh Phuoc, Binh Duong and Ho Chi Minh City; (ii) 220 kV Cau Bong – Hoc

Mon – Binh Tan Transmission Line (TL) Project has a total length of 15.94 km in Cu Chi, Hoc

Mon district and District 12 of Ho Chi Minh City and (iii) 220kV Cau Bong – Duc Hoa TL project

with the total length of 13,4 km in Cu Chi district in Ho Chi Minh and Duc Hoa district, Long An

province.

The purposes of project will:

(i) Improve system stability and security, and improve the reliability of power supply

in in southern Viet Nam to be able to import power from Cambodia.

(ii) Enable evacuation of electricity to load centers from the both the planned public

sector and private sector financed thermal power plants in southern Viet Nam;

1.1.2. The 220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project

As mentioned above, the 220kV Cau Bong – Hoc Mon – Binh Tan TL Project is under Tranche

2 of Power Transmission Investment Program with length of 15.94 km. It will start in Cau Bong

Substation at Tan Phu Trung Commune in Cu Chi District, Ho Chi Minh City and terminate at

the proposed Hoc Mon Substation in Tan Thoi Hiep ward in District 12, Ho Chi Minh. A double

circuit connection will be created between the Cau Bong 500kV/220kV Substation, which the



World Bank will partly finance, and the new substations at District 12 that shall be financed by

Ho Chi Minh Electricity Supply Company. The corresponding TL will partly use the ROW of the

existing 110kV Hoc Mon - Ben Cat and partly the towers of the 220kV Phu Lam - Hoc Mon TL.

The detail of components and main technical specifications of the project will be showed as

Table 1 and table 2 as below:

Table 1 - Components of 220kV Cau Bong – Hoc Mon – Binh Tan TL

No Transmission Line Components Length (km)

1 Improving existing TL inkling 110kV Hoc Mon – Ben

Cat and 220kV Phu Lam – Hoc Mon

7.641

2 Constructing new 220kV TLs 7.147

3 Connecting 220kV TLs 0.314

4 Connecting 110KV TLs 0.619

5 Connecting 110/220kV TLs in Hoc Mon substation 0.219

Total 15.94

Table 2 – Technical Specifications

Transmission Line Components Technical Specifications

Length of transmission line (in km) 15.94

- Starting point 500/220kV Cau Bong Substation

- Ending point 220/110kV Hoc Mon Substation

Width of Right-of-way 11.25 m on both sides of the centreline

Width of Earth Grounding Zone 19 m from 11th m of the centreline

Voltage level 220 kV and 110kV

Number of circuits 02&06

Conductor Steel-cored aluminum conductor, splitted

phase 2xACSR795MCM - Code name Cuckoo

(equivalent to 4xAC400/52),

3xACSR666.6MCM - Code name Flamingo

and ACSR795MCM – Cuckoo

Earth wire 01 Steel-cored aluminum alloy conductor

Pastel 147.1 + 01 optical ground wire

OPGW120

Number of Optical 36 fibres

Number of Suspension Towers 38

- Height of Suspension Towers 69 m (average) but highest is 75

- Area required/suspension tower 450.46 m²

Number of Tension Towers 21

- Height of Tension Towers 66.5 m (average) but highest is 70.5

- Area required/tension tower 485.47 m²

1.2. Summary of Resettlement Plan

To ensure the implementation of the project activities will comply with the requirements of the

safeguard policies of the Asian Development Bank, a Resettlement and Ethnic Minority

Development Framework (REMDF) was prepared for Power Transmission Investment



Program and it was approved by ADB and the Ministry of Industry and Trade under Decision

No. 6103 / QD-BCT dated 23/11/2011.

According to the ADB’s social safeguard requirements, an updated Resettlement Plan (uRP)

was prepared for the project. This is the safeguard social policy was required during project

implementation. The content of uRP is in accordance with the requirements of the SPS 2009

of the ADB, the provisions of the REMDF, and the relevant legal provisions are implemented

by the GoV, and the safeguard social policy of the ADB as well.

The additional surveys to update the uRP were implemented by National Resettlement

Safeguard Policy Specialist, hired by SPMB. In June, 2014, the specialist combined with

professional officer of SPMB and local authorities (Compensation, Assistance and

Resettlement Board at district level, Commune People Committees in project area) to conduct

surveys, public consultation and update information of land clearance scale of the project.

Updated RP of the 220kV Cau Bong – Hoc Mon – Binh Tan Branches TL had submitted to

ADB for considering and approved in October, 2014.

The project implementation will be affected to 919 households, in which 912 households and

07 organizations. The project will acquire permanently 25,546.4 m² land of 112 affected

households to construct towers and restrict the land use of 327,381,4 m2 affected by ROW.

Besides, the project will also recover (no compensation, support) with 394 m2 of state land for

construction towers in Hoc Mon and Cu Chi district.

The impacts of land acquisition of the project following data of updated resettlement plan

(uRP) as table 3 below:

Table 3 – The scale of land acquisition of the 220kV Cau Bong – Hoc Mon – Binh Tan

Branches TL

No District and commune Number of

AH

AH area (m2)

Tower ROW Total

I Cu Chi District 190 16,929 164,423.1 123,912.5

1 Tan Phu Trung 54 6,280.3 51,159.3 57,439.6

2 Tan Thanh Dong 49 5,012.5 55,133.7 60,326.2

3 Binh My 87 5,636.2 57,950.1 63,658.3

II Hoc Mon District 400 4.498,5 92.044,3 96.812,5

1 Dong Thanh 241 3,470.4 64,302.5 68,042.6

2 Thoi Tam Thon 159 1,028.1 27,741.8 28,796.9

III District 12 322 3,725 70,914 74,039

1 Tan Chanh Hiep 218 1,997.5 46,896 48,893.5

2 Tan Thoi Hiep 104 1,127.5 24,018 25,145.5

Total (I+II+III) 912 25,152.5 327,381.4 352,203.6

Resource: Updated RP – 7/2014

Besides, the project will also affect to 350 houses of 350 households which are located under

ROW without displacing, some structures, 10,885 trees and 10,777 m2 of annual crops under

ROW of the project.

The updated RP also show that there is not any severely AH (displaced households, HHs with



more than 10% livelihood and income lost) and no HHs under vulnerable group following

regulations of REMDF. The updated RP also estimate cost for compensation payment, costs

for RP implementation and contingency for the project which is 113 billion VND, equivalent to

5,321 million USD.

These data of land acquisition scale and compensation cost of the project maybe change

during implementation. In the first monitoring, the Consultant collected relevant data and

update the scale which affected by the project at time of monitoring (August 2015). The

updated data will be showed in table 4 of monitoring result.

II. DESIGN AND IMPLEMENTATION OF MONITORING SYSTEM

2.1. Objectives of independent monitoring for resettlement

General objectives

The objectives of independent monitoring for resettlement and compensation are to:

(i) Verify result of internal monitoring;

(ii) Check implementation of compensation and resettlement whethere it comply with

policies under REMDP and RP and recover the life of AHs whethere this is to

ensure at least the same or better than before implementing the Project.

(iii) Evaluate effectiveness, impacts and subtainable of land acquisition/ compensation/

allowance and resettlement of the Project;

(iv) Propose necessary adjustments in implemention of compensation activities,

allowance and resettlement for next items.

Detail objectives

Independent monitoring for resettlement will provide an independent periodic review and

assessment of:

(i) achievement of resettlement objectives;

(ii) changes in living standards and livelihoods;

(iii) restoration of the economic and social base of the affected people;

(iv) effectiveness and sustainability of entitlements; and

(v) the need for further mitigation measures.

In addition, the lessons learnt for future policy formulation and planning will also be drawn from

the monitoring and evaluation of resettlement. This is possible through a Post-Resettlement

Implementation Evaluation Study which will be carried out by the External Monitoring Agency

(EMA) also known as Independent Monitoring Consultant (IMC) after from 6 to 12 months

following completion of resettlement activities.

2.1. Foundations for actitities of resettlement monitoring

The following documents will be the basic for implementing actitities of resettlement

monitoring:

- REMDF for the projects under the Power Transmission Investment Program that

approved by Ministry of Industry and Trade under Decision No. 6103 / QD-BCT

dated 23/11/2011.



- Updated RP for 220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project

was approved by ADB in July, 2014

- Technical and financial proposal of the Consultant for independent monitoring for

resettlement of the 220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line

Project.

- The contract No. 08/2015/HDTV dated 27 July 2015 signed between the Southern

Power Project Management Board (SPMB) and APEC Consult for independent

monitoring for resettlement of the 220kV Cau Bong – Hoc Mon – Binh Tan

Transmission Line Project.

- Documents of compensation implementation in SPMB and CARB of Cu Chi, Hoc

Mon District and District 12 – HCMC as IOL, compensation and other relevant

documents.

2.2. Monitoring indicators

The independent monitoring includes:

(i) Review internal monitoring reports, appraise compensation mannet and documents

related to the Project to check implementation of compensation activitites,

allowance and resettlement whether it comply with purposes, requirement and

assigments stated in uRP.

(ii) Check the field by meeting people and interview the affected households. Number

of households should be monitored to ensure that 100% of the severely affected

households and about 20% of the remaining households.

The independent monitoring will monitor activities of uRP from implementation to management

following indicators showed as below1:

a) Assessment of Compensation Payment

b) Provision of Economic Rehabilitation Assistance (Training, Employment and

Available of Credit Assistance, if any).

c) Public Consultation and information disclosure

d) Level of Satisfaction

e) Standard of Living

f) Awareness of Compensation Policy

g) Impacts assessment after resettlement.

h) Management of compensation, allowance and resettlement activities.

The Consulant will review and report assignments as below:

a. Review existing baseline date resources and collect more data based on HHs who

paid compensation, allowance for affected land and assets.

b. Monitor the implementation of compensation policy, allowance and resettlement

and consultation activities and propagate information as stated in approved

REMDP and uRP.

1 Details of monitoring indicators were described in the Inception Report, July 2015.



c. Make clear the difference between polices in uRP and the fact; find out the cause

of the problem claims.

d. Propose solutions for solving potential problems or shortcomings of SPMB, CARB

of districts and the stakeholder in implementation of compensation, allowance, and

resettlement activities.

The collected data and information from site survey and recording in resettlement database to

as a basis to consider, compare with the monitoring and next evaluation. The Consultant will

prepare a full report on the results of monitoring of compensation and resettlement along with

proposed solutions to overcome existing problems.

III. APPROACHES AND IMPLEMENTATION OF THE FIRST MONITORING STAGE

3.1. Approaches

Participatory approach is used in monitoring the implementation of the compensation,

assistance and resettlement activities of the Project. According to the approach, the PAHs

shall participate in the monitoring through interview, questionnaires, in-dept interview, focus

group discussion and other socio-economic surveys. The staff-in-charge of the SPMB and

district CARBs shall also participate in the monitoring process through semi-structured

interviews.

3.2. Monitoring Methods

As monitoring methods described in the Inception Report which was prepared by the

Consultant and approved by the SPMB, the Consultant conducted the monitoring activities

through a combination of methods to collect quantitative information and qualitative

information. However, as stated above, due to compensation plan/ allowance for all AHs of 05

communes and 02 wards of District 12 and Hoc Mon and Cu Chi district, Ho Chi Minh City has

not approved and has not paid compensation to AHs. Therefore, during first monitoring stage,

the application of method of collection of quantitive information (by questionaire, group

discussion and depth interview AHs on relevant contents to implement compensation/

allowances and resettlement activities were not implemented. The key monitoring method

conducted in first monitoring including: (i) collection of qualitative informantion; and (ii) site

surveys.

Collection of qualitative information

The Consultant organized the intensive meetings with Compensation Division of the SPMB,

district CARBs to collect the necessary information on the implementation of compensation,

assistance and resettlement activities, including compensation progress, compensation prices,

implementation procedures of land acquisition…Simultaneously, the Consultant also reviewed

and studied the internal monitoring reports on compensation, assistance and resettlement of

the Project.

Site surveys

The Consultant conducted the field surveys at the 500kV/220kV Cau Bong substation and

some locations where are deploying the construction activities at Cu Chi and Hoc Mon

districts.



PART B – RESULTS OF MONITORING



I. ORGANIZATION FOR IMPLEMENTATION OF THE FIRST MONITORING STAGE

1.1. Organization for implementation of the first monitoring stage

1.1.1. Monitoring team

Based on the work’s contents regulated in the ToR for the consulting service and working plan for the 1st monitoring stage which was proposed by the Consultant and approved by the

SPMB, the Consultant dispatched a monitoring team with participation of the specialists and

supporting staff as proposed in the bidding document to carry out the tasks as mentioned

above. The responsibilities of the monitoring team is to gather information related to the

compensation activities of the 220kV Cau Bong – Hoc Mon – Branches to Binh Tan

Transmission Lines Project; organize of the field monitoring activities, process and analyze the

data gathered and prepare the reports in English and Vietnamese. Detailed information on the

members of the monitoring team and their specific tasks are presented in appendices.

1.1.2. Monitoring Duration

The monitoring activities of the first monitoring stage were implemented by the Consultant by

the end of August 2015. The preparatory works were carried before deploying the monitoring

activities at filed. At the Consultant’s office, the members of the monitoring team were trained in the monitoring methods and monitoring contents, preparation of the monitoring tools

including questionnaires, guidances for organizing the group discussion and in-depth

interviews; and research the documents related to the Project implementation.

1.2. Main activities deployed

The monitoring activities were implemented in the first monitoring stage include:

a. Working at the office

The Consultant organized the meeting with stakeholders (Compensation Division under

SPMB, CARBs of Cu Chi, Hoc Mon and 12 districts – Ho Chi Minh City) to discuss and gather

information on the implementation of the compensation activities of the project.

b. Conducting field surveys

Consultant conducted the field surveys at the 500kV/220kV Cau Bong substation and some

locations where are deploying the construction activities at Cu Chi and Hoc Mon districts.

1.3. Advantages and difficulties during the first monitoring stage

During monitoring stage, the Consultant was provided adequately information, documents

from the SPMB and local implementing agencies. SPMB and local implementing agencies

also dispatched the staff-in-charge to support the Consultant during deploying the monitoring

activities both in the office and surveys at field. All issues relevant to the compensation

process what were concerned by the Consultant, the staff-in-charge of SPMB and local

implementing agencies were willing to discuss and explain straightly and openly.

II. MONITORING RESULTS

The following contents will provide the information on the implementation results of the

compensation, assistance and resettlement activities of the 220kV Cau Bong – Hoc Mon –

Binh Tan Transmission Line with the comments and evaluations of the Consultant for each of

the specific content.



2.1. Update the number of PAHs and scale of land acquisition

As mentioned above, the 220V Cau Bong – Hoc Mon – Binh Tan Branches Transmission Line

project affected to the land and assests on land of the PAHs at the Tan Phu Trung, Tan Thanh

Dong and Binh My communes of Cu Chi district; Dong Thanh and Tam Thoi Thon communes

of Hoc Mon district and Tan Chanh Hiep and Tan Thoi Hiep wards of district 12 – Ho Chi Minh

City.

During implementation of compensation activities of the project, SPMB coordinated closely

with the district CARBs of Cu Chi, Hoc Mon and 12 districts to conduct the detailed

measurement surveys (DMS) and update the data on the scale of land acquisition. The Table

4 as below shows the figures of the levels of the land acquisition in comparision between the

figures of the Updated Resettlement Plan (July 2014) and actual figures updated in August

2015.

Table 4 – Update the project’s impacts at the monitoring2

No. District/communes No. of

PAHs

Affected Area (m2)

Foundation ROW Total

I Cu Chi district 191 17,028.8 150,596.3 167,624.1

1 Tan Phu Trung 47 6,235.7 51,519.3 57,395.0

2 Tan Thanh Dong 53 5,165.8 49,956.6 55,122.4

3 Binh My 91 5,626.3 49,480.4 55,106.7

II Hoc Mon district 416 4,546.7 94,044.3 95,591.0

1 Tam Thoi Thon 170 1,076.5 64,302.5 65,379.0

2 Dong Thanh 246 3,470.2 27,741.8 31,212.0

III District 12 359 3,725 74,639.1 78,364.1

1 Tan Chanh Hiep 236 1.997,5 - -

2 Tan Thoi Hiep 123 1.727,5 - -

Grand-Total

(I+II+III) 966 25,299.5 317,279.7 342,579.2

Sources: Implementation reports of the SPMB and district CARBs of Cu Chi, Hoc Mon and 12 Districts –

HCMC up to 31 Aug. 2015.

The local implementing agencies prioritized land acquisition for public land (the area under

management of the state and will not be compensated and supported), instead of land

acquisition for private land (wherever possible). It is considered as a solution to minimize the

project’s impacts to households and reduce the compensation costs.

The land area affected in Table 4 excludes the area of 246.8 m2 of public land affected by the

foundations at Tan Phu Trung (57.0 m2) and Binh My (189.8 m2) of Cu Chi district. This area

will not be compensated due to this area under management of the state.

The figures in Tables 5&6 will show the changes in the numbers of the PAHs and scale of land

acquisition between the updated resettlement plan (July 2014) and actual results at the

monitoring time (Aug. 2015):

2 The actual figures are updated according to the implementation reports of the SPMB and district

CARBs of Cu Chi, Hoc Mon and 12 districts up to 31 Aug. 2015.



Table 5 - Changes of No. of PAHs and scale of land acquisition

TT District/communes No. of PAHs

Affected Area (m2)

Total

uRP Actually (+/-) uRP Actually (+/-)

I Cu Chi district 190 191 1

181,352.1 167,624.1

(13,728.0)

1 Tan Phu Trung 54 47 -7 57,439.6 57,395.0 (44.6)

2 Tan Thanh Dong 49 53 4 60,326.2 55,122.4 (5,203.8)

3 Binh My 87 91 4 63,586.3 55,106.7 (8,479.6)

II Hoc Mon district 400 416 16

96,542.5 96,591.0 48.5

1 Dong Thanh 241 246 5 67,772.6 65,379.0 (2,393.6)

2 Tam Thoi Thon 159 170 11 28,769.9 31,212.0 2,442.1

III District 12 322 359 37

74,639.0 74,639.0 -

1 Tan Chanh Hiep 218 236 18 48,893.5 48,893.5 -

2 Tan Thoi Hiep 104 123 19 25,745.5 25,745.5 -

Grand-Total (I+II+III) 912 966 54 352,533.6 338854.1 (13,679.5)

Table 6 – Detailed changes of scale of land acquisition for the foundations and ROWs

TT Districts/

communes

Affected Area (m2)

Foundations ROWs

uRP Actually (+/-) uRP Actually (+/-)

I Cu Chi district 16,929.0 17,027.8 98.8 164,423.1 150,596.3 (13,826.8)

1 Tan Phu Trung 6,280.3 6,235.7 (44.60) 51,159.3 51,159.3 -

2 Tan Thanh Dong 5,012.5 5,165.8 153.30 55,313.7 49,956.6 (5,357.1)

3 Binh My 5,636.2 5,626.3 (9.90) 57,950.1 49,480.4 (8,469.7)

II Hoc Mon district 4,498.2 4,546.7 48.5 92,044.3 92,044.3 -

1 Dong Thanh 3,470.1 1,076.5 (2,393.60) 64,302.5 64,302.5 -

2 Tam Thoi Thon 1,028.1 3,470.2 2,442.10 27,741.8 27,741.8 -

III District 12 3,725.0 3,725.0 - 70,914.0 70,914.0 -

1 Tan Chanh Hiep 1,997.5 1,997.5 - 46,896.0 46,896.0 -

2 Tan Thoi Hiep 1,727.5 1,727.5 - 24,018.0 24,018.0 -

Total (I+II+III) 25,152.2 25,299.5 147.3 327,381.4 313,554.6 -13,826.8

Comments and evaluation of the Consultant

The figures in Table 5 show that there are significant increase on the number of AHs

(increasing 54 HHs, equivalent 5.92%) and permanent land acquisition area (3.941 m2,

including area of 246.8m2 public land increasing 1.56% in comparision with to the figures in the

updated resettlment plan (July 2014) compared with the actual figures at the monitoring time

(August 2015) in Hoc Mon district and district 12. The main cause of the increase in the

number of the PAHs due to the separation of the households and the buying and selling of

land by hand papers in these districts. The reason of the increase on the number of AHs and

the scale of permanent land acquisition is:

I. For AHs: The main reason of increase in the number of AHs due to splitting



households and transaction activitites, trading land by written. During moritoring stage

and collecting data for uRP, local authorities only identify number of AHs following

cadastre documents that managed by the local authorities. The number of arising AHs

due to splitting and transaction was updated during DMS and collect relevant legal

documents to conduct compensation.

II. For the increasing scale of permanent land acquisition: the main reason due to during

the process of implementing the compensation, SPMB and local implementing

agencies have recovered more small remaining area without using around some of the

foundation in Cu Chi and Hoc Mon district as requirement of AHs.

2.2. Public consultation and information disclosure

Implementation results

After the updated RPs approved by ADB in October 2014, the updated RPs have been

provided to relevant stakeholders and posted in public in order to ensure involving

stakeholders such as the Cu Chi, Hoc Mon and 12 District CARBs, CPCs in the project area,

mass organizations, non-PAP residents, and the PAPs be fully informed and understood and

to implement the uRPs conforming project’s policies and regulations.

The Project PIB was also distributed to the PAHs, in which the following information included

(i) a brief background of the Project, especially the main works to be undertaken and the scale

of land acquisition; (ii) impacts on land and on-land assets; (iii) the entitlements due to affected

land and assets; (iv) detailed plan of implementation of compensation, assistance and

resettlement payments; (v) grievance redress mechanism; and (vi); contact list of persons of

EA and local authorities to ensure the grievances to be resolved timely and efficiently.

The activities of public consultation and information disclosure were implemented at all

communes/wards in the project area (07) in December 2014. The intensive consultations with

relevant stakeholders (District CARBs, CPCs, PAHs) to disclose and consult the stakeholders,

information disclosure are including were carried out by the SPMB and the Project

Implementing Consultants (PICs).

The published information consists of:

a. Scope of project, right-of-way, and location of towers;

b. Scope of land acquisition; alternatives of land acquisition mitigation;

c. Potential impacts (both positive and negative) of the land acquisition on

affected households/community, on culture, religion, ethnicity, and on

women;

d. Entitlements of affected households/community;

e. Income restoration activities for severely affected households, and

vulnerable groups;

f. Procedures and action plan for compensation payment, support and

resettlement; and

g. Grievance redress mechanism.

During public consultation process, there are some opinions and concerns of the PAHs on the

issues related to compensation, assistance and resettlement of the project were recorded,

namely:

(i) The measures to ensure the safety conditions for houses and structures beneath

the power lines;



(ii) Implementation schedules for the project and compensation activities;

(iii) Compensation/allowance for the impacts during construction phase;

(iv) Temporary land acquisition;

(v) Procedures for advance payment;

(vi) Land acquisition for the remaining area; and

(vii) Temporary impacts during construction.

The opinions and concerns of the PAHs were recorded and explained/clarified by the SPMB

and PICs during consultation. SPMB coordinated with the stakeholders to solve timely the

obstacles during implementation process to ensure the implementation progress of the project.

The community consultation meetings with the participation of affected households and local

governments have also been held during this period and continue to be deployed in the next

phase to ensure that the opinions, concerns of the affected households will be considered and

resolved in a timely manner and satisfactory.

Through the public consultation and information disclosure, the PAHs are provided adequate

information about their entitlements and they may complain to any matter relating to the

project activities according to the grievance redress mechanism has been established.

Comments and assessments of the Consultant

Public consultation and information activities were carried out in compliance with GoV’s Land Law 2013 (Article 48, Article 67, and Article 69), SPS (2009) and ADB’s Public Communication

Policy.

2.3. Detailed Measurement Surveys (DMS)


Detailed Measurement Survey (DMS) were carried out since May 2014. It is already

completed in August 2014 and now on the process of reviewing the ownership of APs’ property and approval of compensation plan.

The DMS results showed sufficiently the losses of land and assests affected by the project.

The PAHs were informed the time taking DMS for each HH and they were involved in the DMS

process and signed the minutes of DMS. The results were publicly disclosed and posted on

commune’s office for AHs to recheck and complain for correction (if any)

The DMS results also indicated that there is no any severely affected household (relocated

HHs and/or loss more than 10% of assests or income/livelihood) and there is no household

shall become vulnerable due to the land acquisition of the project (Vulnerable groups consist

of: female headed households without support, disabled household heads, poor households,

children and the elderly headed households who are landless and with no other means of

support, landless households and ethnic minorities).


Implementation procedures of DMS were implemented in accordance with the requirements of

REMDF, updated resettlement plan and current regulations of the Government and ensured

the transparency and accuracy in the implementation process.

2.4. Replacement Cost Surveys (RCS)


Compensation prices for land affected is determined at replacement cost. District CARBs of



Cu Chi, Hoc Mon and 12 districts hired the independent evaluation agencies3 to determine the

compensation prices for the land affected. The Independent Evaluation Agencies used the

diffirent evaluation mehods as current provisions (unit prices of the succesful cases of land

tranfer, asking prices and infrastructural conditions, etc.) to synthesize, analyze and propose

the compensation prices for the land affected through the issuance of “The Price Appraisal

Certificate”. After the compensation prices were apparised and approved by the Ho Chi Minh City People Committee, the PAHs will be compensated for land affected at replacement cost.

.

As mentioned in the above sections, due to the compensation, assistance and resettlement

activities of the project is taken place in the period of the time has many changes of the land

management policies (such as the changes of the Land Law and the secondary legislation of

the Government and locality). These changes not only impacted to the implementation

progress of compenation activities but also impacted to the entitlements of the PAHs.

To guide the implementation of the Land Law 2013, the Ho Chi Minh City People Committee

issued the Decision No. No. 23/2015/QĐ-UBND dated 15 May 2015 provisions on

compensation, assistance and resettlement when the State recovers the land in locality of the

Ho Chi Minh City. Accordingly, assistance policy for the agricultural land affected inside the

ROWs of the transmission lines as stipulated in the Decision No. 23/2015/QĐ-UBND of the Ho

Chi Minh City People Committee dated 15 May 2015, accordingly, the agricultural land for

perennial trees, forest land inside the ROWs of the transmission line will be supported by 30%

of the compensation prices for land affected by limitation the ability to use of land, instead of

70% of compensation prices for the corresponding land as previous regulations (in Decision

No. 35/2010/QĐ-UBND of the Ho Chi Minh City dated 28 May 2010).

This made many difficulties for the local implementing agencies at both district and provincial

levels in implementation of compensation, assistance and resettlement activities of the project

due to the implementation time started since late 2013 and early 2014, i.e before the Land

Law 2014 taking effect.

To solve this problem, SPMB had sent documents to Ho Chi Minh City People’s Committee for

approval resolutions to push up compensation, land clearance for 220kV Cau Bong - Duc Hoa

and 220kV Cau Bong – Hoc Mon - Binh Tan in No. 3373/ĐB-SPMB dated 18.05.2015 and

document No. 3470/SPMB-ĐB dated 21/5/215. Accordingly, the SPMB recommended HCMC

PC to enable SPMB apply support for agricultural land under ROW as defined in item (c),

article 2, clause 19 of Decision No. 35/2010/QĐ-UBND to push up the progress of the

compensation and land clearance of two projects above.

After that, the Ho Chi Minh City People Committee issued the document No. 3512/UBND-

ĐTMT dated 24 June 2015 to remove the obstacles in the implementation of compensation, assistance and resettlement activities of 02 Transmission Line Projects invested by SPMB in

Ho Chi Minh City, including 220KV Cau Bong – Duc Hoa Transmission Line Project and 220

KV Cau Bong – Hoc Mon – Binh Tan Branches. Accordingly, the agricultural land for perennial

trees, forest land impacted the ROWs of the transmission lines of these projects will be

supported by 70% of the compensation prices for land affected by limitation the ability to use

of land, i.e retaining the level of assistance as provisions of Decision No. 35/2010/QĐ-UBND

3 Cu Chi and 12 Districts: EXIM Evaluation JSC., and Hoc Mon district: Thinh Vuong Evaluation JSC



of the Ho Chi Minh City dated 28 May 2010.


The Consultant found that the Ho Chi Minh City People’s Committee SPMB and local

implementing agencies have made efforts to remove the obstacles during implementation of

compensation, assistance and resettlement activities of the project.

The consideration and approval the compensation prices through a "The price appraisal

certificate" of the independent valuation agency is an evidence that the compensation prices

for land affected were applied at "replacement cost".

2.5. Progress of compensation, assistance and resettlement activities


At the time of the first monitoring stage, compensation plans for the PAHs at all districts are

under the process of preparation and the compensation plans have still not approved yet,

therefore, compensation payment has also not implemented.

The preparation activities for compensation of the projects such as DMS, collect legal

document, public consultation... were implemented in late 2013 and early 2014, however, due

to the changes of the new Land Law (Land Law No. 45/2013/QH11) started effective from 01

July 2014, therefore, the deployment of the compensation activities for the project were

delayed because the Ho Chi Minh City People Committee has to wait for the secondary

legislation (Decrees, Circulars, Decisions) to implement.

As the changes of land management, especially issue of ”the principle of determining the land prices have to follow the legitimate using purpose of the land at the time of valuation” caused many difficulties for the district implementing agencies in the determination and approval of

compensation prices for the agricultural land at replacement costs and this is the main reason

causing to progress of implementing of compensation. With this reason,, by the end of August

2015, compensation prices for the land affected of the PAHs in the Cu Chi, Hoc Mon districts

and district 12 have not been approved yet.

Detailed information on the compensation progress of the districts under project area as

followings:

(i) In Cu Chi district

In Cu Chi district, the activities of DMS were implemented in late 2013. SPMB coordinated with

the district CARB and Communal People Committees (CPCs) of Tan Phu Trung, Tan Thanh

Dong and Binh My to deploy and complete the DMS for all PAHs (56/56) who affected by the

foundation of towers (32 towers) and 191/191 HHs who affected by ROWs, including 187 HHs

and 04 land-lot unidentified owners. ”Announcement of Land acquisition” were sent to all PAHs according to the provisions of the Land Law 2013 and the secondary legislation

(Decrees, Circulars, Decisions)4.

Currently, the district CARB of Cu Chi is completing the prices plan for compensation to

propose to the Price Valuation Board of the Ho Chi Minh City for review and approval as a

4 Under the provisions of the Land Law 2003, the land acquisition notice was publicized for the entire

project area, while the Land Law 2013 (begin to take effect from 01 July 2014) required the land

acquisition notice shall be sent to each affected household.



basis for preparation of the compensation plans for the PAHs.

(ii) In Hoc Mon district

The compensation activities were implemented from Jannuary 2014. SPMB coordinated

closely with the CARB of Hoc Mon district and the CPCs of Dong Thanh and Tam Thoi Thon

communes to deploy and complete the DMS for all PAHs, including 29/29 HHs affected by the

foundation of towers; and 416/416 HHs affected by ROWs.

”Announcement of Land acquisition” were sent to all PAHs according to the provisions of the Land Law 2013 and the secondary legislation (Decrees, Circulars, Decisions).

Currently, the district CARB of Cu Chi is completing the prices plan for compensation (the third

version from July 2014 to August 2015) to propose to the Price Valuation Board of the Ho Chi

Minh City for review and approval as a basis for preparation of the compensation plans for the

PAHs.

(iii) In district 12

The compensation activities were implemented from June 2013. SPMB coordinated closely

with the CARB of district 12 and the People Committees of Tan Chanh Hiep and Tan Thoi

Hiep wards to deploy and complete the DMS for all PAHs, including 36/36 HHs affected by the

foundation of towers; and 323/323 HHs affected by ROWs. However, according to the

requirements of Land Law 2013 and the secondary legislations, therefore, the district CARD

will coordinate with SPMB and local authorities to update the DMS for all PAHs in August and

September 2015. As per expected, the update of the DMS will be completed on 15 September

2015.

”Announcement of Land acquisition” were sent to all PAHs according to the provisions of the

Land Law 2013 and the secondary legislation (Decrees, Circulars, Decisions)

Currently, the CARB of district 12 is completing the prices plan for compensation to propose to

the Price Valuation Board of the Ho Chi Minh City for review and approval as a basis for

preparation of the compensation plans for the PAHs.

Comments and evaluation of the Consultant

The progress of compensation, assistance and resettlement activities have been delayed and

prolonged by the procedural obstacles. However, the objective reasons are due to the

changes of the land management of the Government. The delay has also significantly affected

to the deployment progress of the construction activities of the project.

2.6. Progress of site clearance and deployment the construction activities


To ensure the implementation progress of the project and fix the affects to the construction

progress due to the objective delays in the compensation process as mentioned above, SPMB

coordinated closely with the local implementing agencies (District CARBs, PCs of

communes/wards and Contractors) to take steps and mobilize the concensus of the PAHs in

handing over their land for deployment of construction activities in parallel with finalization of

procedures for compensation.

As mentioned above, due to delays in the preparation and approval of compensation for

affected households in 03 districts of the project, therefore the compensation payment to the

AHs have not yet been implemented. To meet the progress of the construction activities and



the completion of works as requestment of the Government, SPMB and local agencies to

mobilize and deploy a part of advance payment for compensation expense for land clearance

for construction. SPMB and local implementing agencies have contacted directly with the AHs,

especially the AHs by foundation (permanent land acquisition) to mobilize and convince

farmers for hand over. For advances payment (from 50 to 80% of provisional compensation of

each AHs) will be paid to AHs, depending on each specific case. These costs was calculated

based on the results of DMS and the compensation price for the respective influences of other

projects that had done at local. By the end of August 2015, SPMB and local authorities had

paid in advance to 14 AHs in the communes of Dong Thanh and Tam Thoi Mon, Hoc Mon

district with the total amount of the advance is 1.520.000.000 VND.

SPMB had combined with local authorities and mobilized 120/121 PAHs (99.2%) handed over

their land for deployment the construction activities at 45/59 foundations. For 14 foundations

have not yet constructed (Hoc Mon district: 04 foundations and District 12: 07 foundations),

excluding new T43 foundation in Hoc Mon district - do not hand-over and 01 households is

mobilized by the local authorities) and 13 remaining foundations are the same centre with old

foundations and the PAHs handed over their land for construction.

For the T43 foundation, as mentioned above, the land owner (Mr. Pham Van Luc HH –

although he signed in the minutes of DMS but has still not handed over their land). SPMB is

coordinating with the local implementing agencies to take steps to get the concensus of the

land owner as well as to review and remove the obstacles to deploy the construction activities

as proposed schedule.

General assessments

SPMB and local implementing agencies have many efforts in mobilizing the affected

households to hand over their affected land to deploy the construction activities for ensuring

the progress of the project. This also shows that activities of the public consultation,

information disclosure were done efficiently and has mobilized the support and concensus of

the PAPs for the project implementation.

It should be noted that the mobilizing the PAHs to hand over their land for deployment the

construction activities before they receive adequately the compensation, assisstance and

resettlement is inconsistent with the Social Safeguard Policy of the Asian Development Bank

(as regulated in SPS 2009 and REMDP), as well as the legal provisions of the Vietnam

Government in land management (Land Law 2013 and the secondary legislations such as

Decrees, Circulars and the related Decisions), accordingly, handing over the land for

construction is only performed after a certain period (at least 01 month) after the PAHs receive

adequately compensation and assistances.

To solve this issue, the Primer Minister issued the Decision No. 2414/QĐ-TTg dated 11 Dec.

2013 on the ”Adjustment the lists and schedules of some power projects and stipulate a number of the specific mechanisms and policies for investment in urgent power projects in

period from 2013 to 2020”, accordingly, ...”the project’s owner is allowed to provide the

advances for Provincial People Committtee where the project is implemented to pay

compensation and reach an agreement in reimbursement mechanisms for advances”...

The 220kV Cau Bong – Hoc Mon – Binh Tan Branches is one of the urgent projects was

applied this mechanism. Therefore, in addition to take steps to get the concensus of the PAHs

to hand over their land to deploy the construction activities, SPMB also coordinated with the

local implementing agencies and the contractors to pay advances for the PAHs before they



handing over their land for construction.

2.7. Implementation procedures for Compensation


The implementation procedures for the compensation, assistance and resettlement of the

project is carried out following the provisions of the Land Law 2013 and the secondary

legislation (including the decrees, circulars and the related legal documents related to the land

management of the Government and Provincial People Committee), namely:

- Land Law 2013 No.45/2013/QH13 ratified by the Congress on 29 November 2013 and

started taking effect from 01 July 2014;

- Decree No.43/2014/ND-CP dated May 15th, 2014 guiding the implementation of the Land

Law 2013;

- Decree No.44/2014/ND-CP dated May 15th, 2014 regulating land price;

- Decree No.47/2014/ND-CP dated May 15th, 2014 on compensation, assistance,

rehabilitation and resettlement in the event of land recovery by the State;

- Decree No. 14/2014/ND-CP of the Government dated 26 February 2014 - Detailed

regulations on implementation of Electricity Law on safety; and

- Decision No. 23/2015/QĐ-UBND of the Ho Chi Minh City People Committee dated 15

May 2015 on compensation, assistance, rehabilitation and resettlement in the event of

land recovery by the State in Ho Chi Minh City.

The implementation procedures of land acquisition and compensation, assistance and

resettlement for the PAHs is implemented with the following steps:

a. Announcement of land acquisition

b. Issuing the decision of land acquisition

c. DMS

d. Preparation of compensation, assistance and resettlement plans

e. Public posting the compensation plans to collect the opinions of the

PAHs

f. Finalizing the compensation, assistance and resettlement plans

g. Approving the detailed compensation plan and implementation

h. Compensation payment for the PAHs

i. Handing over the ground for construction.


SPMB and the local implementing agencies carried out the compensation, assistance and

resettlement activities were done in accordance with the current regulations as mentioned

above.

2.8. Compensation records


SPMB implement directly the internal monitoring activities for compensation, assistance and

resettlement at all district under the project area. The district CARBs of Cu Chi, Hoc Mon

district and district 12 are the local implementing agencies directly carry out the compensation

activities at the locality. The compensation records (original copies) are stored in the district

CARBs offices in the a database for each affected household, including name, address of the

PAHs, categories and quantity of the assests affected, socio-economic information of the



PAHs, calculation sheets of compensation, etc. In addition, SPMB dispatched the staff-in-

charge to monitor directly the implementation of compensation activities at the district CARBs.

As mentioned in the above sections, due to the compensation records for the PAHs have nỏ completed, and therefore, the Consultand did not check the compensation documents of the

PAHs. This task will be implemented by the Monitoring team in the next monitoring stages.


The sufficient and clear presence of the information on the compensation, assistance items

help to the PAHs to clarify their entitlements, because, when they look at the calcualtion

sheets of compensation and assisstances, the PAHs are knowable the specific compensation

amount for for each asset lost. This also helps to minimize the complaints of the PAHs about

the the calculation of the compensation and assistance.

2.9. Grievance Redress


The grievance redress mechanism established to settle complaints and denunciations on the

land acquisition and compensation in a timely manner. Complaints and grievances related to

any aspects of the project are handling through negotiation, aiming at achieving mutual

agreement. Hence, a reasonable grievance redress mechanism needs to be established. All

affected households can submit their questions directly to the relevant authorities to learn

about issues related to their entitlements such as rights to receive compensation, allowances,

compensation policies, compensation prices, assistances and incomes restoration activities,

etc. and the PAHs will not have to pay any cost for their complaints. To meet the above

requirements, a Grievance Redress Mechanism was established in the REMDF and it

mentioned in uRP.

The monitoring results indicated that no case of complaint arising so far due to the

compensation plans have not still completed and it has also not published yet to gather

opinions and concerns of the PAHs. And therefore, there is no any case of complaint recorded

up to the monitoring time.


The grievance redress procedures is uniformly applied at all district under the project area and

in accordance with the Grievance Redress Mechanism set out in REMDF and updated

resettlement plan, as well as comply with the provisions of the Laws on Complaints and

Denunciations and the related legal documents.

2.10. Organizational structures for implementation of compensation, assistance and

resettlement of the project.


The Southern Power Project Management Board (SPMB) is agency who is main responsibility

in the implementation of compensation, assistance and resettlement for the 220 KV Cau Bong

– Hoc Mon – Binh Tan Branches Transmission Line Project. In the course of performing their

duties, SPMB will coordinate closely with the stakeholders such as District People

Committees, District CARDs, communes/ward PCs in the project area to deploy the

compensation, assistance and resettlement activities of the project.

The following contents will provide the information on the organizational structures and



coordiantion mechanism of the SPMB and other stakeholders to implement the compensation,

assistance and resettlement activities.

a. Southern Power Project Management Board (SPMB)

Compensation Division of the SPMB is responsibility to coordiante with the stakeholders in the

implementation of compensation activities for the project. The staff-in-charge of the

Compensation Division who have expertise and experience in the implementation of the

compensation activities for the development projects funded by the World Bank, ADB, JBIC,

etc.

b. District Compensation, Asisstance and Resettlement Council (CARCs)

The District People Committees (DPC) of Hoc Mon, Cu Chi and district 12 issued the

Decisions to establish the district CARC for each district.

The members of the district CARBs include:

- Vice Chairman of DPC – Chairman of the District CARC

- Head of District CARB – Vice Chairman of the District CARC

- Representative of the SPMB (Project Owner)

- Representatives of district urban management department, Planning and

Financial Department

- Representatives of Natural Resources and Environmental Department

- Representatives of District Fatherland Front Committee

- People Committee Chairmans of concerning wards

- Representatives of the PAHs

c. District Compensation, Asisstance and Resettlement Boards (CARBs)

This agency shall assist the district CARCs in the implementation of compensation activities

and it has full functional parts such as operations, administration, accounting, etc. Typically,

the CARBs implement the compensation activities for all projects in the district. The CARBs

are main responsibility in the implementation of DMS and compensation calculation. The

CARB’s tasks will be implemented with the effective coordination of the SPMB in removing

and addressing the obstacles during implementation process.

d. Communes/wards PCs

In addition to Ward People Committee Chairman, who is a member in compensation

committee, other functional participants are, mainly cadastral staff, building inspector, security

officials and chief hamlet.

e. Community Participation

The community participation during the project implementation in general and in the

compensation stage in particular is very important, because they are both beneficiaries and

affected people of the project. Without the communit participation, or more accurately the lack

of community's consensus, the implementaion of compensation activities will face to the

significant difficulties in the implementation process to get the objectives as set out.

In the 220kV Cau Bong – Hoc Mon – Binh Tan Branches Transmission Line Project, the

community participated in communal meetings, where they are informed of project policies and



process of compensation for site clearance. They participated in the DMS process, determined

the assets affected. The community is eligible for legal appeals of unsatisfied compensation.

SPMB and district CARBs are clearly aware of the importance of community participation;

therefore, the SPMB arranged many workshops and public relations activities to encourage

local community to participate in all stages of the project.

Representative households in the district CARB's meetings to solve problems and review the

compensation polices, compensation plans, the amount of compensation, and entilements of

the PAHs.

f. Coordination Mechanism between SPMB and district CARBs.

District CARB and CARC are responsible for compensation and land acquisition, thus, the role

of CARCs and CARBs is very important. To ensure the effectiveness of compensation and

resettlement, an effective cooperation mechanism is built-up by the district CARCs/CARBs to

set up close link among CARCs/CARBs members. In addition, the SPMB dispatched the staff-

in-charge to regularly monitor and support the CARCs/CARBs during implementation.

Information on the meeting's results of CARCs/CARBs and the process to pay compensation,

resettlement arrangement was reported for households through their representatives in

CARBs.


There is a combination mechanism between SPMB and implementing agencies were

established and operated effectively in local. Through this coordination, the bottlenecks in the

process of implementation as building compensation price, mobilizing AHs to land clearance to

deploy construction activities before receiving compensation/ allowance and solve relevant

grievance redress had resolved promptly to meet construction schedule of the project.

Additionally, this combination also ensures that all activities of compensation/allowance and

resettlement of the project fully comply with the provisions of the Government of Vietnam and

the requirements of safeguard policy statement of the Asian Development Bank (ADB).

.



PART C – CONCLUSIONS AND RECOMMENDATIONS



I. CONCLUSIONS

At the time of the first monitoring stage, compensation plan of all PAHs under 05 communes

and 02 wards of Cu Chi, Hoc Mon district and District 12 – Ho Chi Minh city have not yet

appoved by Ho Chi Minh People’s Committee.

Some conclusions of the Consultant on implementation of Compensation, Assistance and

Resettlement as follows:

(i) The implementation progress of compensation, assistance and resettlement

activities of the project is delayed and prolonged and do not met the schedule

set out. The main reason is due to the changes of the land management

policies stipulated in the Land Law 2014 (Law No. 45/2013/QH13) which started

taking effect since July 2014, and therefore, the implementation of

compensation activities of the project was delayed, because the local

implementing agencies have to wait for the secondary legislation for

implementation. Alternatively, due to somes changes of the land management

policies, especially issue of “the principle of determining the land prices have to follow the legitimate using purpose of the land at the time of valuation” caused

many difficulties for the district implementing agencies in the determination of

compensation prices for the agricultural land at replacement costs.

(ii) The Ho Chi Minh PC and the local authorities have been very flexible in the

application of the policies related to the assistance unit for land affected by the

ROWs of the transmission lines to ensure the entitlements of the PAHs and

address the difficulties in the implementation process in order to speed up the

compensation progress of the project.

(iii) SPMB and district CARCs/CARBs at all district in the project area have made a

good process for implementing the compensation, assistance and resettlement

activities. The implementation steps such as public consultation, information

disclosure, DMS, replacement cost surveys, etc. Have mobilized the

participation of the community and the PAHs and the stakeholders in the

implementation process. Participatory factor has been paid attention and

focussed in all steps of compensation activities.

(iv) The internal monitoring activities have also done well by the SPMB and district

CARCs/CARBs. The internal monitoring reports were prepared weekly with

sufficient contents which need be monitored and the reports reflected the

compensation progress. The compensation records and related documents

were kept and stored carefully at the SPMB and CARBs’ offices. (v) The receiving and addressing the complaints of the PAHs about the issues

related to compensation activities were done well in accordance with the

Grievance Redress set out in the REMDF and in the updated resettlement plan,

as well as comply with the current legal provisions. All concerns, complaints of

the PAHs were received by the project implementing agencies (such as SPMB,

district CARCs, CARBs, local authorities, etc.) and the complaints were

considered and addressed satisfactory.

(vi) The public consultation and information disclosure activities were performed

effectively in all stages of the project implementation. This is an important factor

to get the concensus of the local community and the PAHs during the project

implementation, through the majority of affected households agreed to hand



over their land for deploying construction activities before they receive the

compensation and assistances.

(vii) The organizational structures for implementation of the compensation,

assistance and resettlement activities of the project were established

completely from SPMB to the local implementing agencies (district CARBs,

CARBs, communes/wards). The staff-in-charge of the SPMB and the local

implementing agencies have met the requirements of expertise and have highly

responsible in the work implementation.

(viii) The effective coordination among the SPMB and local implementing agencies

(district CARCs, CARBs, communes/wards) is a basic factor to remove and

address the obstacles during implementation of the compensation, assistance

and resettlement activities. SPMB dispatched their staff-in-charge to regularly

monitor and coordinate with the local implementing agencies in the

implementation process.

II. RECOMMENDATIONS

To quicken the implementation progress of the compensation, assistance and resettlement

activities of the project, the Consultant provide some recommendations to the SPMB and the

local implementing agencies, as following:

- The district CARCs, CARBs of the districts (Hoc Mon, Cu Chi and district 12) should

urgently complete the “Compensation Prices Plans” to submit to the Ho Chi Minh City for review and approval to make a basic factor for preparation, appraisal and

submission of the compensation plans for approval to pay compensation, assistances

for the PAHs.

- For the obstacles at the foundation of tower (no. T43), SPMB should coordinate closely

with the CARC and CARB of the Hoc Mon district and PC of Tam Thoi Thon commune

and the contractors to get the concensus of the PAHs for handing over the land to

deploy the construction activities at this location.

- SPMB should continue coordination with the functional agencies of the Ho Chi Minh

City and the local implementing agencies of Cu Chi, Hoc Mon and district 12 to

promptly remove and address the obstacles during implementation process of the

appraisal of compensation prices and approval for the compensation plans.

- SPMB should consider in case of the approving for compensation plans of the Cu Chi,

Hoc Mon district and district 12 continues to be delayed due to the procedural reasons,

SPPMB should recommend the NPT to direct for the implementation of necessary

procedures for paying in advance for compensation and support for the PAHs. The

argument is that if the compensation payment continues to be delayed so the cable

stringing will not be carried out that results in the delay of the whole progress of

connecting power and put the work into operation as expected time.



PART D – APPENDICES



4.1. Appendix 1 – Information on first monitoring actities

Working team Composition

Table 7 - Working team Composition and Tasks Assigned

No Full name/

Proposed Position

Professional

Qualification

Years of

Professional

Experience

Tasks Assigned

1. Phan Vu Loi

Team leader/

External Monitoring

Expert

Master of

Environmental

Engineering

and

Management.

Bachelor of

Mechanical

15 years - Work with SPMB, local

authorized organizations and

other stakeholders during

monitoring process.

- Review of approved RPs, DMS

and other related social

safeguard documents.

- Planning and implementation of

monitoring activities at the

offices and fields.

- Manage and monitor all activities

during the implementation;

- Be responsible for preparing

reports, socio-economic surveys

and affected asset inventory;

- Monitoring the data collection

and processing.

2. Mai Thị Kim Chi

External Monitoring

Expert

Master of Rural

Economics and

Sociology.

Bachelor of

Science in

English.

18 years - Assist team leader in reviewing

the RPs, DMS and other related

social safeguard documents.

- Assist Team leader t in random

check the compensation

documents at the offices.

- Carry out data collection on sites

in accordance with forms

approved by SPMB for each

monitoring stage.

- Deploy other related professional

tasks as assigned by Team

leader.

3. Ms. Pham Thi Mai

Lan

Admin/translator

Bachelor of

Finance and

Banking

Bachelor of

English

language

10 years - Support team in translation

report into English

- Assist team in communication

with SPMB and relevant

agencies…

- Prepare and hire facilities and

equipments for the monitoring

implementation.

- Print and make copies of

collected documents and other

documents.

- Other necessary tasks



Time for monitoring

The first monitoring was implemented by the Consultant from 24/8/2015.

Main activities of the monitoring

The Consultant had worked with Stakeholders including Compesation Department – SPMB,

CARB of Cu Chi, Hoc Mon District and District 12.

In meetings with the Stakeholders mentioned above, the contents discussed to collect

information related to implementation of compensation, including:

(i) Update data on Ahs to monitoring stage ( August 2015);

(ii) Collect relevant information on progress of compensation of each district;

(iii) Discuss, collect information on process of compensation implementation in each

district, concentrate in information on manner and process of verification of

compensation price (replacement price) for affected land and houses by the project

and complains in implementation.

(iv) Activities of public consultation and publicing information for Ahs;

(v) Collect information related to receiving and solving complains of each local and

record documents of complain in each local;

(vi) Collect information on organization structrure of CARB of districts and combination

scheme between these agencies with local agencies and peple’s committee at commune/ ward in implementation of compensation and land clearance for project.

Besides, the Consultant conducted surveys at 500kV/220kV Cau Bong substation, some

positions where implementing towers in Cu Chi and Hoc Mon district, Ho Chi Minh City.



4.2. Appendix 2 - List of person who the Consultant met

Table 8 - List of person who the Consultant met

No Full name Position Employer Not

A Southern Power Project Management Boad - SPMB

1 Nguyễn Hải Đăng Head of Compensation

Department

SPMB

2 Nguyễn Huỳnh Đức Tuân Officer SPMB

3 Lê Trọng Mẫn Officer SPMB

4 Phan Văn Tranh Officer SPMB

5 Trương Hoài Nam Officer SPMB

B Compensation, Assistance and Resettlement Board - Cu Chi District

6 Phạm Văn Minh Head of 1Professional Group

7 Nguyễn Duy Nhất Deputy of 3 Professional

Group

C Compensation, Assistance and Resettlement Board - District 12

8 Nguyễn Văn Lơi Deputy Director

9 Nguyễn Văn Hồng Head of Professional Group

D Compensation, Assistance and Resettlement Board - Hoc Mon District

10 Trần Hồng Phan Deputy Director

11 Trương Quốc Cường Head of Professional Group



4.3. Appendix 3 – Information Collection Forms

Key information for checking compensation document

(i) What full name of DPs?

(ii) What type of papers in the records?

(iii) Is there enough of signature, date in the records or not?

(iv) Is there a written authorization in case of persona the property owner

shall sign is not?

(v) Do the dates of the documents match the realistic implementation

process?

(vi) Does the asset inventory count all the affected property and other losses

or not?

(vii) Does the Calculation of the price pressure have enough assets and all

rights or not? Check the complaint dossier and settlement.

- Complaints contents

- Complaints procedures

- Time of complaints resolved

Outline for semi-structured interviews

(i) Full name, occupation, number of family members

(ii) The damage and loss of household

(iii) The benefits that they received?

(iv) Disclosure of information about the project: Project name; Project

Agency; The source of capital for projects; the role of people in the

process of project implementation....

(v) Community consultation on compensation cost, design. Opinions of the

people for land compensation cost, house and other impacts.

(vi) Attitudes of people with implementation of projects

Rapid forms for monitoring and assessment

Form 1 - Impact Categories

No Route Number of

AHs

Catigories

Relocation

Partly

affected

Business

Affected

Lost over 10% of

productive land

Form 2 - Progress of Compensation/ Allowances

No Number

of AHs

Number of

households

had received

compensatio

n /allowances

Number of

households not

had received

compensation

/allowances

Estimated cost

for

compensation/all

owances

Amount

paid

The reason of

not receiving

compensation/

allowances



Form 3 – Statistic of Relocated Households

No. Routes

Number of

Households

relocated

Number of

Households

receiving

compensation

Number of

households

with housing

Number of

households

receiving

apartment /

background

plot

Difficulties

Form 4 – Statistic of Housholds impacted on income

(lost over 10% of affected productive land and/or income)

No. Name Job Income

Average

income

per

month

%

Agricultural

land area

lost

%

Income

affected

Income

restoration

measures

Trends

income

restoration

Necessar

y support

measure

s

Expected

Being

impleme

nted

Form 5 - Comparing between RP and Actual

STT Number of DPs

Number of

households

relocated

The amount of

compensation /

allowances

Notes

Actually

RP Actually RP Actually RP RP



4.4. Appendix 4 – Structural questionnaires to collect information on site

FORM OF QUESTIONAIRE

(Will be used for periodic monitoring stages)

Code

Types of Impacts:

1 Land affected 2 Houses/structures affected

3 Crop/Trees affected 4 Relocated

I. General information on HHs

1. Name of Interviewee: .................................................

Age: ......... Gender: Male 1 Female 2 Education:.........

Vocation: ............................................ Relationship with householder: ..........................

2. Name of Householder: ....................................................................

Age: ......... Gender: Male 1 Female 2

Education:........... Vocation:...........................................

Address: ....................................................................................................................................

3. The number of persons living with householder: ..........................

In which: Male: ........... person(s) Female: ...........person(s)

The number of persons with income: ......... person(s)

4. Ethnic group of Householder?

Kinh 1 Hoa 2 Other 3 (clearly stated): ...........................

5. Does the family belong to policy families to receive social allowances?

1 Yes 2 No

6. Impacts (Notes, 1 HHs may have more than 1 impact)

1 Affected land

2 Affected agricultural land (Percentage of lost land :.......................)

3 Affected houses and other construction architectures

4 Affected houses hired from the State

5 Affected business and services

6 Affected living facilities

II. Project information disclosure

7. Are you aware of project information?

1 Yes 2 No

8. Which of the following sources do you get information on the project?

1 Leaflet 4 Local cadres

2 Notice board 5 Project staff

3 Mass Media (newspaper, radio...) 6 Community meeting

7 Other sources (Clearly stated) ..........

……………………………….

9. Do you understand all contents of compensation options and your benefit through information

disclose campaigns?



1 Yes 2 No

If no, then why?

1 Information disclosure is not clear 3 Do not know who can anwer your

questions

2 Do not wish to understand 4 Others (Clearly

indicated):…………………...

…………………………………

III. Asset inventory:

10. Are you prior informed on time for measurement, inventory of affected assets?

1 Yes 2 No

11. Do you involve in affected asset inventory?

1 Yes 2 No

12. Do you have any affected asset not inventoried?

1 Yes 2 No

If yes, then what?......................................................................................................

13. Are measurement on affected land and house accurate?

1 Yes 2 No

14. Do you check and sign the minutes for asset inventory?

1 Yes 2 No

15. Do you keep one copy of calculation on compensation for affected assets?

1 Yes 2 No

IV. Compensation and Allowances (for heavily affected HHs: displaced HHs, HHs with more than

10% productive land area lost)

16. Do you discuss on selection of compensation option? (for example discussion on compensation

by cash, land for land compensation, house for house compensation …..)

1 Yes 2 No

17. Do you check the calculations on compensation?

1 Yes 2 No

18. Have you received any compensation payment?

1 Already received 2 Not yet received

If yes, then for what?

1 Compensation for affected land 2 Compensation for affected assets

3 Other compensation (Plants,..)

19. When did you receive compensation?

1 Before construction period

2 During construction period

3 After construction period

20. Which of following allowances do you receive?



1 Allowance for lost agricultural land

2 Allowance for affected crops, plants

3 Allowance for business

4 Allowance for vocational training

5 Allowance for removing reusable materials

6 No allowance at all

21. Are you satisfied with compensation unit price?

1 Yes 2 No

If no, then why?

....................................................................................................................................................

22. When land is recovered, is there any member of your family loss job?

1 Yes 2 No

23. Do you receive any support from local government in living stabilization? (for HHs with more

than 10% productive land lost)

1 Vocational training 2 Assistance for finding new job

3 Credit assistance, production loan 4 Other assistance

V. Complaints and Complaint resolution

24. Do you have any complaints?

1 Yes 2 No (Move to 46)

25. Have your complaints been solved?

1 Yes 2 Not yet

How long your complaint(s) solved...............................................................

VI. Recommendations

26. Do you have any recommendations for the project?

....................................................................................................................................................

....................................................................................................................................................

Interviewee

(Sign and name)

Date……month….year….

Interviewer

(sign and name)



4.5. Appendix 5 – Some pictures of first moritoring

Cau Bong Substation

Meeting with the Compensation,

Assistance and Resettlement Board – District 12

Meeting with the Compensation, Assistance and Resettlement Board

Hoc Mon District

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