NORTH POWER CORPORATION Electric Network Project Management Board RESETTLEMENT PLAN (RP) SUBPROJECT:

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Sub-project: Improving grid medium, low voltage NORTH POWER COORATION Electric Network Project Management Board RESETTLEMENT PLAN () SUBPROJECT: DISTRIBUTION EFFICIENCY PROJECT PROVING MEDIUM, LOW GRID- LANG SON PROVINCE PREPARED BY INECO, JSC Hanoi, April, 2012 Page 1/57

2 TABLE OF CONTENTS SUMMARY INTRODUCTION DISTRIBUTION EFFICIENCY PROJECT (DEP) THE SUBPROJECT IMPROVING MEDIUM, LOW VOLTAGE POWER GRID LANG SON PROVINCE OBJECTIVES RESETTLEMENT PROJECT AFFECT LEVEL DETERMINE THE PROJECT AFFECTS ALL KIND OF AFFECTS IN THE SUBPROJECT LEGAL FRAMEWORK AND AFFECTED INTERESTS COMPENSATION AND SUPPORT COMPENSATION LIFE SUPPORT FOR THE RESTORATION OF THE AFFECTED PUBLIC CONSULTATION AND INFORMATION DISCLOSURE PUBLIC CONSULTATION AND PARTICIPATION OF LOCAL PEOPLE INFORMATION DISCLOSURE COMPLAINTS AND CLAIMS REPORT, MONITORING AND EVALUATION IMPLEMENTATION PLAN IMPLEMENT RESPONSIBILITIES IMPLEMENTATION TIME FUNDING THE COST FOR IMLEMENTATION ESTIMATED COST FOR IMPLEMENTATION APPENDIX Page 2/57

3 Table Sub-project: Improving grid medium, low voltage TABLE THE PROJECT CATEGORIES TABLE 2.1.2A- CLASSIFY PAHS BY LOCATION TABLE 2.1.2B- CLASSIFY PAHS BY AFFECT KIND TABLE PERMANENT AFFECTED CULTIVATED LAND TABLE TEMPORARY AFFECTED CULTIVATED LAND TABLE PERMANENT AFFECTED CROPS TABLE TEMPORARY AFFECTED CROPS TABLE THE AFFECTED PERENNIALS TABLE THE UNIT PRICE OF PERMANENT LAND COMPENSATION TABLE THE UNIT PRICE FOR PERENNIALS TABLE THE UNIT PRICE FOR CROPS TABLE 4.1.4A (1) BINH XA COMMUNE, ĐINH LAP DISTRICT TABLE 4.1.4A (2) HUNG VU COMMUNE, BAC SON DISTRICT TABLE 4.1.4A (3) BAC SON COMMUNE, BAC SON DISTRICT TABLE 4.1.4A (4) LUONG NANG COMMUNE, VAN QUAN DISTRICT TABLE 4.1.4A (5) HOANG VIET COMMUNE, VAN LANG DISTRICT TABLE 4.1.4A (6) HOANG VAN THU COMMUNE, VAN LANG DISTRICT TABLE 4.1.4A (7) ĐONG QUAN COMMUNE, LOC BINH DISTRICT TABLE 4.1.4A (8) ĐONG BUC COMMUNE, LOC BINH DISTRICT TABLE 4.1.4A (9) TRI PHUONG COMMUNE, TRANG ĐINH DISTRICT TABLE 4.1.4A (10) HOANG VAN THU COMMUNE, BINH GIA DISTRICT TABLE 4.1.4A (11) HOA CU COMMUNE, CAO LOC DISTRICT TABLE 4.1.4A (12) MAI SAO COMMUNE, CHI LANG DISTRICT TABLE 4.1.4A (13) DONG TIEN COMMUNE, HUU LUNG DISTRICT TABLE 4.1.4B. COMPENSATION SUMMARY TABLE 5.1 SUMMARIZE COMMENTS ON PUBLIC CONSULTANT MEETING TABLE 6.1 ACTIVITIES FOR SUPERVISING AND INTERNAL ASSESSMENT TABLE 8.2 ESTIMATED COST FOR IMPLEMENTATION Page 3/57

4 Image Sub-project: Improving grid medium, low voltage Image 7.1 Organization chart for implementing...48 Appendix 1. Project areas 2. Policy framework 3. Interest matrix 4. ROW Agreement 5. The public consultant meeting minutes and images 6. Questionnaire Form 7. Leaflet Form 8. Checking the project affected households Page 4/57

5 ABBREVIATION AND DEFINITION PAHs EVN NPC DEP HNPC HCMPC CPC SPC PMU WB Project Affected Households Resettlement Plan Viet Nam Electricity Northern Power Coporation Distribution Efficiency Plan Ha Noi Power Coporation Ho Chi Minh Power Coporation Central Power Coporation Southern Power Coporation Project Management Unit World Bank Temporarily affected land Is land be limited in using ability under Decree of Government No. 81/2009/ND-CP dated 12 October, 2009 amending Decree No. 106/2005/NĐ CP Page 5/57

6 SUMMARY The sub-project "Improving grid medium, low voltage - Lang Son Province" is one of the sub-projects will be implemented in Phase I of the Distribution Efficiency Project (DEP) of the Viet Nam Electricity that was funded by the WB. The sub project will be done in the area includes 13 communes: Binh Xa commnune-dinh Lap District, Hung Vu commune and Bac Son commune-bac Son District, Lang Nang commune-van Quan District, Hoang Viet commune and Hang Van Thu commune-van Lang District, Dong Quang commune and Dong Buc commune-loc Binh district, Tri Phuong commune-trang Dinh district, Hoang Van Thu commune-binh Gia district, Hoa Cu commune-cao Loc district, Dong Tien commune- Huu Lung district, Mai Sao commune- Chi Lang district. The sub project include 03 categories: (i) The medium voltage lines are rebuilt in length of 3.34 km in Hoang Van Thu commune-tien Lang District, Dong Tien commune-huu Lung District (ii) The transformer stations which consists two hang-up transformer stations which are designed to minimize the area of acquired land in Hoang Van Thu commune -Tien Lang District, Dong Tien commune- Huu Lung District iii) The new construction line and the rehabilitation line are about 70 km of low voltage lines spreading over 13 communes. The construction time of sub-project is expected 10 months from the time of executing beginning. The executing beginning date is expected in early The sub-project will affect to 90 households (396 people) in the area of 13 communes in 10 districts (Dinh Lap, Bac Son, Van Quan, Van Lang, Loc Binh, Trang Dinh, Binh Gia, Cao Loc, Chi Lang and Hu Lung) of Lang Son province. In which the acquired land area of affected households ranged from 0.014% to 0.06% of the total of land area that they own, especially: - PAHS revoked permanently below 20% of arable land: 52 households (225 people) - PAHS who have permanently affected crops: 52 households (225 people) - PAHS who have permanently affected perennials: 71 households (307 people) - PAHS who have temporarily affected land: 90 households (396 people) - PAHS who have temporarily affected crops: 90 households (396 people) Permanent Effects: No District/Commune Agricultu re Land (m 2 ) (m 2 ) Fruit trees (PAHS) (tree) Industrial plants (tree) Bamboo (tree) Total Dinh Lap district 1 Binh Xa commune Bac Son district 2 Hung Vu commune Bac Son commune Van Quan district 4 Luong Nang commune Page 6/57

7 No District/Commune Van Lang district Agricultu re Land (m 2 ) (m 2 ) Fruit trees (PAHS) (tree) Industrial plants (tree) Bamboo (tree) 5 Hoang Viet commune Hoang Van Thu commune Loc Binh district 7 Dong Quan commune Dong Buc commune Trang Dinh district 9 Tri Phuong commune Binh Gia district 10 Hoang Van Thu commune Cao Loc district Hoa Cu commune Chi Lang district 12 Mai Sao commune Huu Lung district 13 Dong Tien commune Temporary effects: No District/Commnue Agriculture land (m 2 ) (m 2 ) Vacant land (m2) Total 1,517 1,517 12,136 Dinh Lap district 1 Binh Xa commune ,056 Bac Son district 2 Hung Vu commune Bac Son commune ,600 Van Quan district 4 Luong Nang commune ,200 Van Lang district 5 Hoang Viet commune ,072 6 Hoang Van Thu commune Loc Binh district 7 Dong Quan commune Page 7/57

8 No District/Commnue Agriculture land (m 2 ) (m 2 ) Vacant land (m2) 8 Dong Buc commune Trang Dinh district 9 Tri Phuong commune Binh Gia district 10 Hoang Van Thu commune ,272 Cao Loc district 11 Hoa Cu commune ,080 Chi Lang district 12 Mai Sao commune Huu Lung district 13 Dong Tien commune The Resettlement Plan of the sub project Rehabilitating medium and low voltage grid -Lang Son province are based in the reluctantly Resettlement Policy (OP 4.12) and the World Bank s Resettlement Policy Framework which has been approved in the distribution efficiency project. Compensation activities for PAHs is expected to begin in October The total implementation cost be estimated is. 305,780,930 VND (will be updated when the subproject be implemented to ensure the compensation principle in accordance with the replacement cost). Funding for will be implemented from partner funding: Viet Nam Electricity. Page 8/57

9 1. INTRODUCTION 1.1. DISTRIBUTION EFFICIENCY PROJECT (DEP) The development objective of the proposed project is to improve efficiency, availability and reliability level in power supply as well as power using efficiency. This objective will be achieved through three-component implementation: (i) Strengthening and expanding the power system including constructing and strengthening the 110 kv grid, medium voltage and low voltage (including transformer stations ) and (ii) Introducing the smart grid technology in power distribution (focusing on automatizing the distribution power grid and introducing the modern metering system), and (iii) Technical assistance and capacity building. The three components will be done by 05 General Electric Company*, and Component 3 be made by the Ministry of Industry and Trade. To maximize initial impact, the Component 2 will begin by focusing on the main distribution stations and other customers who use much electricity. The co-sponsor-ctf Fund were proposed for this component and CTF Committee has endorsed the proposed project. The Electricity Corporations which are co-sponsored by the CTF, will be selected basing on the corporations readiness and capacity in the preparation and implementation of the modern smart grid projects. At this stage, there are 03 Electricity Corporations which are being considered including NPC, and HNPC HCMPC. To implement the subproject components, it is necessary to acquire land. However, the upgrading and rehabitating distribution grids and the existing transformer stations will not cause the land acquisition and resettlement on a large scale. In this project, the land acquisition is only done in the sub-projects of component 1. Sub-projects in the north provinces will be made by the NPC, focusing on restoring and expanding the power distribution system from the 110 kv, including distribution lines, transformer stations 110kV 35kV; 22kV; and 0,4 kv. of the subproject Improving medium and low voltage grid - Lang Son province is made under the Policy Framework of Distribution Efficiency Project THE SUBPROJECT IMPROVING MEDIUM, LOW VOLTAGE POWER GRID LANG SON PROVINCE The subproject Improving medium, low voltage grid - Lang Son province will be spread over 13 communes including Binh Xa commune-dinh Lap district, Hung Vu commune and Bac Son commune- Bac Son district, Lang Nang commune- Van Quan district, Hoang Viet commune and Hoang Van Thu commune-van Lang district, Dong Quang commune and Dong Buc commune-loc Binh District and Tri Phuong commune -Trang Dinh district, Hoang Van Thu commune- Binh Gia district, Hoa Cu commune- Cao Loc district, Dong Tien commune-huu Lung district, Mai Sao commune-chi Lang district (See the Appendix 1: Map of project area). Sub-projects aimed at: - Anti-grid overload for the grid of project areas; - To reduce power losses, to improve the quality of power supply, for the project areas in order to serve production and business activities in rural areas; Page 9/57

10 - To meet the electricity using demand for present and future socio-economic development of the project communes; - The project will contribute to poverty reduction programs in rural areas of the Government by providing basic infrastructure, particularly electricity; - The project contributes to improving the spirit and physical lives of communities in remote areas of northern provinces. The sub-project include 03 categories: - The medium voltage lines are rebuilt in length of 3.34 km in Hoang Van Thu commune-tien Lang District, Dong Tien commune-huu Lung District. - The transformer stations are two stations which are designed as the hang-up station to minimize the area of acquired land in Hoang Van Thu commune-tien Lang District and Dong Tien commune-huu Lung District. - The new construction line and the rehabilitation line are 70 km long. The low voltage lines spreading over 13 communes mentioned above. Table The Project Categories No Commune/district name Length of medium voltage line (km) Distribution Transformer Station Length of low voltage line (km) Rehabilitation (km) Newly construction (km) 1 Length of medium voltage line, low voltage line and the number of transformer station Commune Dinh Lap Binh Xa Bac Son Hung Vu Bac Son Van Quan Luong Nang Page 10/57

11 No Commune/district name Length of medium voltage line (km) Distribution Transformer Station Length of low voltage line (km) Rehabilitation (km) Newly construction (km) Van Lang Hoang Viet Hoang Van Thu Loc Binh Dong Quan Dong Buc Trang Dinh Tri Phuong Binh Gia Hoang Van Thu Cao Loc Hoa Cu Chi Lang Mai Sao Huu Lung Dong Tien Medium voltage line specifications - Voltage: 35 kv; 10 kv - Circuit number: 1 - Safety corridor: 6m - Wire: AC50/8 - Insulator: Porcelain insulators, glass insulators - Area of foundation: 2 3m2 (depending on location) Page 11/57

12 Specifications of Transformer station - Transformer station: 35/0,4kV; 10/0,4 kv + medium voltage level: 35kV; 10kV + low voltage level: 0,4kV - Capacity: 100kVA - Construction area: 6m Specifications of low voltage lines - Voltage 0,4kV - Safety corridor 4 m - Conductors AL/XLPE 4x70; 4x50; 2x35 - Insulator Porcelain insulator - Area of foundation m 2 (depending on location) 1.3. OBJECTIVES RESETTLEMENT Resettlement Plan was established with the following objectives: - Avoid or mitigating reluctance resettlement by selecting the proper design methods. - In case reluctance resettlement is unavoidable, resettlement activities should be prepared and carried out according to the sustainable development programs and provided proper investment support, these allow PAHS get benefits from the sub-project. PAHS will be consulted and allowed to fully participate in the preparation activities and implementation. - PAHS will be compensated for their losses, and will be provided with measures to restore their life to assist them to improve their life or at least maintaining the living standard and production capabilities, their income as before the project. Page 12/57

13 2. PROJECT AFFECT LEVEL 2.1. DETERMINE THE PROJECT AFFECTS Determine the project areas: The sub-project will affected to 13 communes of 10 districts-lang Son province, including: Binh Xa commune-dinh Lap District, Hung Vu commune and Bac Son-Bac Son district, Lang Nang commune-van Quan district, Hoang Viet commune and Hoang Van Thu commune-van Lang district, Dong Quang commune and Dong Buc commune- Loc Binh district, Tri Phuong commune-trang Dinh district, Hoang Van Thu commune-trang Dinh district, Hoang Van Thu commune-binh Gia district, Hoa Cu commune-cao Loc district, Dong Tien commune-huu Lung district, Mai Sao commune-chi Lang district. The subproject affected areas include: - Position of pile foundation for medium voltage line (2 3 m 2, depending on location), transformer station construction position (6m 2 ), position of pile foundation for low voltage line ( m 2, depending on location) - Position surrounding the pile foundation during construction phase, temporary affected areas of the route-with the average of 6m wide for medium voltage line, 6m 2 area for transformer station, 4m wide for low voltage line- this route be calculated for cultivated land. The land area could be affected from 1 to 2 months. Acquiring temporarily land for approaching line construction phase is not necessary because current roads, alleys, hamlets and safety corridor will be used in construction phase Determine PAHS According to survey result, there are 90 PAHs (396 people), in which, the households that have acquired land ratio from % to 0.06% as follow: - PAHs have cultivated land, be affected partly or entirely (temporarily or permanently); - PAHs have perennials and/or crop that be affected partly or entirely (temporarily or permanently); The people prone to injury that be affected in this subproject are mainly ethnic minority people. The result was shown in the following table (detail in Appendix 8: Checking the PAHS): House holds People Total of PAHS In which: The permanently affected people Page 13/57

14 House holds People PAHS revoked permanently below 20% of arable land (below 10% for poor households and households prone to injury) PAHS have permanently affected crops PAHS have permanently affected perennials Total of permanently affected people Temporarily affected land PAHS have temporarily affected land PAHS have temporarily affected crops Total of temporarily affected people Note: One household could be got by two kind of affects Table 2.1.2a- Classify PAHs by location No District/commune households PAHs households Total Dinh Lap district 1 Binh Xa commune 6 27 Bac Son district 2 Hung Vu commune Bac Son commune 8 32 Van Quan district 4 Luong Nang commune 7 31 Van Lang district 5 Hoang Viet commune Hoang Van Thu commune 6 30 Loc Binh district 7 Dong Quan commune 5 20 Page 14/57

15 No District/commune households PAHs households 8 Dong Buc commune 7 35 Trang Dinh district 9 Tri Phuong commune 6 31 Binh Gia district 10 Hoang Van Thu commune 9 42 Cao Loc district 11 Hoa Cu commune 7 28 Chi Lang district 12 Mai Sao commune 5 19 Huu Lung district 13 Dong Tien commune 9 35 Table 2.1.2b- Classify PAHs by affect kind Kind of affect Households People 1 Temporary cultivated land acquisition in safety corridor Permanent land acquisition of PAHs revoked permanently below 20% of arable land and below 10% for poor households and households prone to injury for pile foundation and transformer station Note: Detail on PAHs interests, compensation policy, enforcement components for all affect be shown in Appendix 3: Interest matrix 2.2. ALL KIND OF AFFECTS IN THE SUBPROJECT All kind of affects will include: - Permanent cultivated land (agriculture land) acquisition for constructing pile foundation - Temporary cultivated land (for planting rice, crops) for implementing the subproject - Permanent affect to harvest (rice, crops), perennials in expected area for constructing pile foundation. - Temporary affect to harvest (rice, crops) in surounding area for pile foundation, line and safety corridor. Page 15/57

16 - Affect to trees along the safety corridor, the high trees would be cut down (The trees with 4m high are in ROW) and high trees near the safety corridor could touch the wire in case of falling. Apart from affects as mention above, the subproject could temporarily affect to m 2 vacant public land (because ROW go along the road and other vacant land). The result be shown in the following tables: Permanent affected cultivated land Table Permanent affected cultivated land No District/commune Agriculture (m 2 ) Total (m 2 ) Total Dinh Lap district 1 Binh Xa commune Bac Son district 2 Hung Vu commune Bac Son commune Van Quan district 4 Luong Nang commune Van Lang district 5 Hoang Viet commune Hoang Van Thu commune Loc Binh district 7 Dong Quan commune Dong Buc commune Trang Dinh district 9 Tri Phuong commune Binh Gia district 10 Hoang Van Thu commune Cao Loc district 11 Hoa Cu commune Chi Lang district 12 Mai Sao commune Huu Lung district 13 Dong Tien commune Page 16/57

17 Temporary affected cultivated land Table Temporary affected cultivated land No District/commune Agriculture land (m 2 ) Total (m 2 ) Total 1,517 1,517 Dinh Lap district 1 Binh Xa commune Bac Son district 2 Hung Vu commune Bac Son commune Van Quan district 4 Luong Nang commune Van Lang district 5 Hoang Viet commune Hoang Van Thu commune Loc Binh district 7 Dong Quan commune Dong Buc commune Trang Dinh district 9 Tri Phuong commune Binh Gia district 10 Hoang Van Thu commune Cao Loc district 11 Hoa Cu commune Chi Lang district 12 Mai Sao commune Huu Lung district 13 Dong Tien commune Page 17/57

18 Permanent affected crops Table Permanent affected crops No District/commune (m 2 ) Total (m 2 ) Total Dinh Lap district 1 Binh Xa commune Bac Son district 2 Hung Vu commune Bac Son commune Van Quan district 4 Luong Nang commune Van Lang district 5 Hoang Viet commune Hoang Van Thu commune Loc Binh district 7 Dong Quan commune Dong Buc commune Trang Dinh district 9 Tri Phuong commune Binh Gia district 10 Hoang Van Thu commune Cao Loc district 11 Hoa Cu commune Chi Lang district 12 Mai Sao commune Huu Lung district 13 Dong Tien commune Page 18/57

19 Temporary affected crops Table Temporary affected crops No District/commune (m 2 ) Total (m2) Total 1,517 1,517 Dinh Lap district 1 Binh Xa commune Bac Son district 2 Hung Vu commune Bac Son commune Van Quan district 4 Luong Nang commune Van Lang district 5 Hoang Viet commune Hoang Van Thu commune Loc Binh district 7 Dong Quan commune Dong Buc commune Trang Dinh district 9 Tri Phuong commune Binh Gia district 10 Hoang Van Thu commune Cao Loc district 11 Hoa Cu commune Chi Lang district 12 Mai Sao commune Huu Lung district 13 Dong Tien commune Page 19/57

20 Quantity and kind of affected perennials Table The affected perennials No District/commune Fruit trees (custard tree (tree) Industrial (tree) Bamboo (tree) Total (tree) Total Dinh Lap district 1 Binh Xa commune Bac Son district 2 Hung Vu commune Bac Son commune Van Quan district 4 Luong Nang commune Van Lang district 5 Hoang Viet commune Hoang Van Thu commune Loc Binh district 7 Dong Quan commune Dong Buc commune Trang Dinh district 9 Tri Phuong commune Binh Gia district 10 Hoang Van Thu commune Cao Loc district 11 Hoa Cu commune Chi Lang district 12 Mai Sao commune Huu Lung district 13 Dong Tien commune Page 20/57

21 3. LEGAL FRAMEWORK AND AFFECTED INTERESTS The of the subproject Improving medium, low voltage grid-lang Son province are made under policy framework of DEP, in which legal framework for compensation and resettlement activities will be base on Resettlement policy framework of DEP. Applied law and policies include: (i) WB s policies (ii) current Government s policies on compensation, support and resettlement; and (iii) compensation, support and resettlement procedures of local government (Lang Son province). Relating to WB policies, Reluctance Resettlement policy (OP 4.12) will be applied. The main contains of OP 4.12 be listed in Resettlement Policy framework of DEP. Applied regulations of Viet Nam Government relating to compensation, support and resettlement include: - Constitution of the Socialist Republic of Vietnam (1992): confirm house ownership and protect this ownership. - Law on land (2003) dated 10 December, Decree of Government No. 181/2004/NĐ CP dated ngày 29 October 2004 guiding Law on Land Decree of Government No. 188/2004/NĐ CP dated 16 November2004 relating to measures to calculate land price and land price framework. - Decree of Government No. 197/2004/NĐ CP dated 3 December2004 relating to compensation, support and resettlement when the State acquires land. - Circular of Resources and Environment Ministry No. 01/2005/TT BTNMT dated 13 April 2005 guiding Decree of Government No. 181/2004/NĐ CP dated ngày 29 October 2004 guiding Law on Land Decree of Government No. 106/2005/NĐ CP dated 17 August 2005 relating to high voltage grid protection. - Decree of Government No. 84/2007/NĐ CP dated 25 May 2007 relating to issuing land ownership certificates, land acquisition, land ownership implementation, procedures for compensation, support, resettlement and resolve complaints when the State acquires land. - Decree of Government No. 123/2007/NĐ CP ngày 27 July 2007 amending Decree of Government No. 188/2004/NĐ CP dated 16 November 2004 relating to measures to calculate land price and land price framework - Circular of Finance Ministry No. 145/2007/TT BTC dated 06 December 2007 guiding Decree of Government No. 188/2004/NĐ CP and Decree of Government No. 123/2007/NĐ CP. Page 21/57

22 - Decree of Government No. 69/2009/NĐ CP dated relating to scheming land usage, land price, land acquisition, compensation, support and resettlement. - Circular of Resource and Environment Ministry No. 14/2009/TT BTNMT dated 1 October 2009 relating to compensation, support, resettlement and procedures for acquiring, delivering and hiring land - Decree of Government No. 81/2009/NĐ CP dated 12 October 2009 amending Decree No. 106/2005/NĐ CP. - Circular of Industrial and Trade Ministry No. 03/2010/TT BTC ngày guiding Decree No. 106/2005/NĐ CP and Decree No. 81/2009/NĐ CP. - Circular of Finance Ministry No. 57/2010/TT BTC dated 16 April 2010 relating to forecasting, using and striking balance sheet when doing compensation, support and resettlement when the State acquires land Compensation, support and resettlement procedures of local government (Lang Son province) include: - Decision of Lang Son province People Committee relating to unit price in compensation activities: (i) Decision No. 170/2011/QD UBND dated 10 December 2011 for unit price in compensation activities; (ii) Decision No. 16/2008/QĐ UBND dated relating to unit price of perennials and crops compensation; Compatibility between the approach of the Government and the Bank and the necessary exemption: The laws, decrees and regulations have made the policies and practices of the Government's resettlement Vietnam more and more consistent with the resettlement policies of the World Bank. Differences between the laws and decrees of the Government of Vietnam and the World Bank related to compensation, resettlement, and how to resolve differences are presented in Table 1 of the Policy Framework of DEP (see Table 1- Appendix 2: Policy Framework). In the case of inconsistency, WB policies will be applied. This is suitable with Decree No. 131/2006/ND-CP on the Regulation on management and use of ODA fund. The principle of compensation and resettlement for subprojects be applied: The WB principles of operation policies OP 4.12 was used in this policy framework. Accordingly, the following principles and objectives be applied: (a) Land acquisition as well as other real estate acquisition and resettlement will be minimized. (b) From the day of basic specification survey, all PAHs who settle, work and farm in the safety corridors of power line, surrounding the pile foundation and transformer station position, road in construction, are entitled to get measures to restore life, so that they can improve, or at least maintain their living standard, pre-project income. The lack of legal rights for damaged properties does not prevent the NA for the right to get benefit from measures to restore their lives. (c) Measures to restore their lives are: (i) Compensation replacement cost that does not deduct depreciation or reused materials of houses and other structures, (ii) PAHs accept to take the same condition agricultural land instead of other agricultural land or pay in cash Page 22/57

23 with the replacement cost, depending on PAHs option, (iii) the replacement of residential land with the same area are accepted by PAHs or accept to compensate in cash with replacement cost depending on PAHs option, and (iv) the transportation costs and support allowance. (d) Attaching special importance to households in vulnerable groups. The specific support measures are in. (e) Replaced agricultural land and residential land will be land closest to the acquired land and must be accepted by PAHs. (f) Resettlement transition phase will be minimized and the PAHs will be assisted living facilities to recover earlier than expected day at the sub-project area respectively. (g) Acquisition plans for land and other assets, as well as the providing of measures to restore life will be conducted through PAHs consultation, to ensure minimizing being sued. The benefits will be provided to PAHs earlier than expected day at the sub-project area respectively. (h) The pre-project service and community resource will be maintained or improved. (i) Financial resources and material for the resettlement and life restore should be prepared to meet at the required place and time. (j) The construction contractors will not give a notice of ownership or conducting notification to any project unless the Government has (i) be approved for that subproject, compensation payment is complete, adequate and appropriate, and (ii) to ensure life restoration support before starting construction. The benefits will be provided to the PAHs no later than one month before the planned date at the sub-project area respectively. (k) Institutional organization will ensure that the design, planning, consultation and implementation of being effective and on schedule; and (l) implementation will be monitored, inspected and evaluated timely and effectively. Interest Matrix: see Appendix 3 Matrix interests In addition to direct compensation for the damage, the BAH is entitled to receive allowances in accordance with Decree No. 197/2004/ND-CP, Decree 69/2009/ND-CP, and Decree No. 81/2009/ND-CP. Subsidies / support include: a) Subsidies for land in safety corridor Residential land and other land in the same land parcel in the safety corridor but not acquired land, depending on specific conditions will be compensated, the support level must not exceed 80% of acquired land compensation in ROW. b) Subsidies for house in safety corridor Housing and other facilities which are partially or wholly located in the safety corridor area, depending on specific conditions shall be compensated not more than 70% its value because of the limited ability and influence in daily life. c) Other recovery measures Page 23/57

24 Beside the above information, any PAHs can be affected by other affects that is considered small, will have a variety of programs to help restore their lives and ensure adequate compensation for their assets at replacement cost or the value of each individual works or if they see the works as "kind" to get the most expensive works in that group as a standard. Page 24/57

25 4.1. COMPENSATION 4. COMPENSATION AND SUPPORT Date of project announcement: the project announcement date be assigned during survey conducting and inventory phase is dated 08/10/2011. This day was announced by local authorized officials from the first pubic meetings in each related commune. Those who misuse and to stay in the affected area affected after the project announcement day will be entitled to compensation and resettlement. They will be asked to dismantle the structures, cut trees or harvest crops for land clearance of project, but they do not have to pay any fines. Project announcement day and project term not compensate for the encroachment' has been reported clearly in the public meeting. Replacement cost: In this subproject, the losses only includes land, perennial, crops. Survey results show that the subproject transmission lines and transformer stations are constructed in rural areas, mostly garden and long-term stability season. In these areas, there are no trading activities for land, trees or crops (mostly transferred land to his children and relatives) and through consultation with local authorities (13 communes in 10 districts of Lang Son province), the compensation price for land, trees and crops will be applied according to the unit price issued by Province People Committee. The compensation price has been widely publicized during the public consultation and accepted by PAHs. - Decision of Lang Son province People Committee relating to unit price in compensation activities: (i) Decision No. 170/2011/QD UBND dated 10 December2011 for unit price in compensation activities; (ii) Decision No. 16/2008/QĐ UBND dated relating to unit price of perennials and crops compensation It should be noted that unit prices of land in using for the estimating purpose (during this preparation period). At the time of execution (expected 2012), land compensation unit price will be updated to ensure that affected people will be compensated at replacement cost for their losses The unit price of land compensation Table The unit price of permanent land compensation Local Unitị: VNĐ/m 2 Unit price Appy for communes in province Agriculture land 55,000 Page 25/57

26 The unit price for perennials Table The unit price for perennials Tree Unit price Unit: VND/tree Fruit trees (custard apple trees) 105,000 Industrial trees 87,000 Bamboo 80,000 Notes: The Decision as mention above classify other unit prices for each tree (3-8 kinds of unit price according to the age of tree), the highest compensation price framework for affected perennials applied as listed in the above table The unit price for crops Table The unit price for crops Unit: VNĐ/m 2 Unit price Rice 5,000 Other crops 12,000 Page 26/57

27 Total compensation cost for the subproject Table 4.1.4a (1) Binh Xa commune, Đinh Lap district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,287,000 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,000 Wood tree tree 80, ,120,000 Rice m2 5, ,000 Other crops m2 12, ,000 Total (1) 4,031,000 2 Temporary Rice m2 5, ,000 Other crops m2 12, ,080,000 Total (2) 1,288,000 Total (1)+ (2) 5,319,000 Page 27/57

28 Table 4.1.4a (2) Hung Vu commune, Bac Son district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,039,500 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,175,000 Wood tree tree 80, ,520,000 Rice m2 5, ,500 Other crops m2 12, ,800 Total(1) 5,293,800 2 Temporary Rice m2 5, ,500 Other crops m2 12, ,200 Total (2) 784,700 Total (1+2) 6,078,500 Page 28/57

29 Table 4.1.4a (3) Bac Son commune, Bac Son district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,952,500 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,044,000 Wood tree tree 80, ,000 Rice m2 5, ,000 Other crops m2 12, ,000 Total (1) 4,450,500 2 Temporary Rice m2 5, ,000 Other crops m2 12, ,314,000 Total( 2) 1,764,000 Total (1+2) 6,214,500 Page 29/57

30 Table 4.1.4a (4) Luong Nang commune, Van Quan district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,457,500 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,044,000 Wood tree tree 80, ,000 Rice m2 5, ,500 Other crops m2 12, ,000 Total (1) 3,881,000 2 Temporary Rice m2 5, ,500 Other crops m2 12, ,000 Total (2) 1,181,500 Total (1+2) 5,062,500 Page 30/57

31 Table 4.1.4a (5) Hoang Viet commune, Van Lang district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,320,000 Garden land m Forest land m Trees Fruit tree tree 105, ,680,000 Industrial tree tree 87, ,044,000 Wood tree tree 80, ,040,000 Rice m2 5, ,000 Other crops m2 12, ,000 Total(1) 5,309,000 2 Temporary Rice m2 5, ,000 Other crops m2 12, ,008,000 Total( 2) 1,258,000 Total (1+2) 6,567,000 Page 31/57

32 Table 4.1.4a (6) Hoang Van Thu commune, Van Lang district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,000 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,000 Wood tree tree 80, ,120,000 Rice m2 5, ,000 Other crops m2 12, ,800 Total (1) 3,189,800 2 Temporary Rice m2 5, ,000 Other crops m2 12, ,200 Total (2) 868,200 Total (1+2) 4,058,000 Page 32/57

33 Table 4.1.4a (7) Đong Quan commune, Loc Binh district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,500 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,000 Wood tree tree 80, ,000 Rice m2 5, ,500 Other crops m2 12, ,000 Total (1) 3,209,000 2 Temporary Rice m2 5, ,500 Other crops m2 12, ,000 Total (2) 641,500 Total 3,850,500 Page 33/57

34 Table 4.1.4a (8) Đong Buc commune, Loc Binh district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,500 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,000 Wood tree tree 80, ,000 Rice m2 5, ,500 Other crops m2 12, ,000 Total (1) 3,209,000 2 Temporary Rice m2 5, ,500 Other crops m2 12, ,000 Total (2) 641,500 Total 3,850,500 Page 34/57

35 Table 4.1.4a (9) Tri Phuong commune, Trang Đinh district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,500 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,000 Wood tree tree 80, ,360,000 Rice m2 5, ,000 Other crops m2 12, ,800 Total(1) 3,446,300 2 Temporary Rice m2 5, ,000 Other crops m2 12, ,200 Total (2) 715,200 Total 4,161,500 Page 35/57

36 Table 4.1.4a (10) Hoang Van Thu commune, Binh Gia district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,551,000 Garden land m Forest land m Trees Fruit tree tree 105, ,155,000 Industrial tree tree 87, ,218,000 Wood tree tree 80, ,040,000 Rice m2 5, ,500 Other crops m2 12, ,400 Total (1) 5,200,900 2 Temporary Rice m2 5, ,500 Other crops m2 12, ,600 Total (2) 1,335,100 Total 6,536,000 Page 36/57

37 Table 4.1.4a (11) Hoa Cu commune, Cao Loc district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,320,000 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,000 Wood tree tree 80, ,000 Rice m2 5, ,000 Other crops m2 12, ,000 Total (1) 3,433,000 2 Temporary Rice m2 5, ,000 Other crops m2 12, ,000 Total (2) 990,000 Total 4,423,000 Page 37/57

38 Table 4.1.4a (12) Mai Sao commune, Chi Lang district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,000 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,000 Wood tree tree 80, ,000 Rice m2 5, ,000 Other crops m2 12, ,400 Total (1) 2,790,400 2 Temporary Rice m2 5, ,000 Other crops m2 12, ,600 Total (2) 489,600 Total 3,280,000 Page 38/57

39 Table 4.1.4a (13) Dong Tien commune, Huu Lung district No Contents Unit Unit price Quantity Total cost 1 Permanent affect Land Agriculture land m2 55, ,210,000 Garden land m Forest land m Trees Fruit tree tree 105, ,000 Industrial tree tree 87, ,566,000 Wood tree tree 80, ,280,000 Rice m2 5, ,000 Other crops m2 12, ,000 Total 1 4,838,000 2 Temporary Rice m2 5, ,000 Other crops m2 12, ,000 Total 2 858,000 Total (1+2) 5,696,000 Page 39/57

40 Table 4.1.4b. Compensation Summary Unit:VND No District/Commune Permanent land acquisition Temporary land acquisition (Temporary affect to crops) Tree Total Dinh Lap district 1 Binh Xa commune 1,287,000 1,288,000 2,515, ,000 5,319,000 Bac Son district 2 Hung Vu commune 1,039, ,700 4,115, ,300 6,078,500 3 Bac Son commune 1,952,500 1,764,000 2,184, ,000 6,214,500 Van Quan district 4 Luong Nang commune 1,457,500 1,181,500 2,214, ,500 5,062,500 Van Lang district 5 Hoang Viet commune 1,320,000 1,258,000 3,764, ,000 6,567,000 6 Hoang Van Thu commune 957, ,200 2,080, ,800 4,058,000 Loc Binh district 7 Dong Quan commune 517, ,000 2,492,000 61,000 3,410,000 Page 40/57

41 No District/Commune Permanent land acquisition Temporary land acquisition (Temporary affect to crops) Tree Total 8 Dong Buc commune 874, ,500 2,220, ,500 3,850,500 Trang Dinh district 9 Tri Phuong commune 775, ,200 2,545, ,800 4,161,500 Binh Gia district 10 Hoang Van Thu commune 1,551,000 1,335,100 3,413, ,900 6,536,000 Cao Loc district 11 Hoa Cu commune 1,320, ,000 1,937, ,000 4,423,000 Chi Lang district 12 Mai Sao commune 572, ,600 2,130,000 88,400 3,280,000 Huu Lung district 13 Dong Tien commune 1,210, ,000 3,476, ,000 5,696,000 Total 14,833,500 12,513,800 35,085,000 2,224,200 64,656,500 Page 41/57

42 4.2. LIFE SUPPORT FOR THE RESTORATION OF THE AFFECTED Beside direct compensation for the damage, for the PAHs (to be removed or lost over 20% of the land area or lose over 10% of the are to those vulnerable households), they are entitled other supports (subsidies / allowances) under the project policy framework. However, in the subproject, there are no PAHs as mentioned above, so this Resettlement Plan does not have recovery activities... All other effects arising during implementation will be handled according to the project Resettlement policy Framework. Trang 42/57

43 5. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE 5.1. PUBLIC CONSULTATION AND PARTICIPATION OF LOCAL PEOPLE Public consultation activities be carried out under 02 ways: delivering leaflets. Know about project compensation policies, clearance and electrical safety and public meetings. Leaflets Know about project compensation policies, clearance and electrical safety of DEP has been prepared (in the questionnaire form- answers and images) and be distributed to 100% PAHs and be proclaimed widely in the project area (8/2011) - this is the basis for public and PAHs to participate different phases of the work. This document consists of two main parts, namely: (1) The frequently asked questions of PAHs, (2) The image describes accident prevention measures and power grid safety corridors electricity protection. Based on information provided in leaflets, the damage and loss survey, the compensation and support plan, interest matrix and other work relating to compensation, local communities and the PAHs will participate directly and effectively in implementation monitoring activities. District Compensation Committees held meetings with concerned commune / village to inform them about the subproject. In addition, commune leaders also announced to the local related people on the project potential impacts, especially the interest matrix. Public consultation meeting was held at the People Committee office. The Owner and Consultant Company organize public consultation meeting for the of subproject "Improving medium and low voltage grid - Lang Son province." Representatives of Owner and consulting Company presented to the public on the following issues: *A project description: Plan for line construction, transformer station locations and the necessary to build the works as mentioned above, funding for the project investment, project objectives, the project items. *The project compensation policies; * Measures to mitigate the impact to people... Representing people are invited to attend the consultation meeting including PAHs representatives, government representatives, the relevant agencies and sectors, nongovernment organizations (the Women's Association, the Veterans...) and local power bodies (see details in Appendix 5). Table 5.1 Summarize comments on public consultant meeting No Commune/District Dinh Lap district 1 Binh Xa commune Bac Son district Consultant Location Commute People Committee Office Date 12 August 2011 Participants 15 Problems or concerns be given - The subproject could be implemented according to schedule? - How are the poles set, if they affect PMU feedback The investors and the consultant agencies try to implement the project The according consultant to will select the pole position to Trang 43/57

44 No Commune/District 2 Hung Vu commune 3 Bac Son commune Van Quan district Luong Nang commune Van Lang district Hoang Viet commune Hoang Van Thu commune Loc Binh district Dong Quan commune Dong Buc commune Trang Dinh district Tri Phuong commune Binh Gia district Hoang Van Thu commune Cao Loc district Consultant Location Commute People Committee Commute Office People Committee Office Commute People Committee Office Commute People Committee Commute Office People Committee Office Commute People Committee Commute Office People Committee Office Commute People Committee Office Commute People Committee Office Date 09 August August August August August August August August August 2011 Participants Problems or concerns be given land, plants and crop? - How acquired land area? - Compensation Measures? - Expected construction time? 14 - Measures to mitigate dust, construction 16 wastes? Accidents causing by foundation holes such as cattle, poultry, local people falling into foundation holes - Construction activities PMU feedback mitigate the impacts to local people, the position of pole will be determined confirmed by - The impacts will be considered and be sent to the local people - Cash compensation at replacement costs for all affected - The construction time is expected to begin in December, 2012, - Mitigation after the measures will be applied to limit the impact - Appoint staffs or the pole be position will be covered to avoid causing accidents, especially accidents with children. - Place signs warning instructions Trang 44/57

45 No Commune/District 11 Hoa Cu commune Chi Lang district 12 Mai Sao commune 13 Huu Lung district Dong Tien commune Consultant Location Commute People Committee Office Commute People Committee Office Commute People Committee Office Date 23 August August August 2011 Participants Problems or concerns be given affecting traffic - The local people will take part in monitoring the project PMU feedback and safety - Desire the local people and government to join in the project implementation phase the project on schedule and regulations Representatives of Owner and consulting firm provided the information related to questions about the project period, the ROW land area, etc....and also to collect feedback and will consider the upgrade to resettlement plan. In addition to other available information in the disseminated document to participants, the following information has additionally been granted to meeting participants: * To collect opinions on the publicly available information on the compensation policy for affected households; The information will be provided at the Project Commune People's Committee, the Project District People's Committee, also published in Lang Son Electricity; * The temporary occupation land during construction phase will be calculated and the Owner will compensate adequately; *During line operation phase, shrimp ponds in the corridor area is raised as normal; *The design solutions to build the pile foundation in or close to the shrimp ponds and selecting the timing of construction that minimize the affect aquatic and shrimp The above comments and the received comments are updated in the content of this INFORMATION DISCLOSURE Vietnamese version of will be announced at the District People's Committees and at the commune People's Committee office for public, related organizations access. English version of will be sent to The Center for Viet Nam Information and Development-63 Ly Thai To - Hanoi to serve the interested objects to read, learn and comment on materials; in English will be sent to Info shop of the World Bank in Washington to announce. Trang 45/57

46 5.3 COMPLAINTS AND CLAIMS Sub-project: Improving grid medium, low voltage PAHs may lodge complaints concerning their rights and their responsibilities in implementing the project: the right to compensation, compensation policies, unit price, land acquisition, resettlement and other benefits related to the life restoring programs. The complaint may relate to matters of construction safety problems caused by the construction work. All complaints must be recorded, identified and dealt with by the authorities at all levels. Grievance procedure as follows: Step 1 - District / commune level Any PAHs are unhappy about any problems in the resettlement program and economic recovery, can be notified orally or in writing to the District/Commune People committee. the District/Commune People committee will resolve the complaint within 15 days after receiving the complaint. Step 2 District Level If PAHs are not satisfied with the decision in step 1, they can send a complaint to the District People committee. the District People committee will make a decision within 30 days after receiving the complaint. Step 3 Province Level If PAHs are not satisfied with the decision of the district, may appeal to the Province People Committee. the Province People Committee will decide to resolve complaints within 30 days after receiving the complaint. Step 4 - Court Lawsuits If PAHs are still not satisfied with the decision of the PPC, PAHs may sue the district People's Court. PAHs will be exempt from all kinds of administrative and legal fees. Also use the account held by a third party to pay for resettlement when resolving complaints, to avoid undue delay to the project while ensuring the compensation payment after the complaint has been resolved. All questions, suggestions, complaints and solutions must be recorded and transferred to the Power Company and other units to monitor monthly. All costs for setting up and complaint and appeal operation should be included in project costs. Trang 46/57