VIE: Power Transmission Investment Program, Tranche 1 220kV Song May-Uyen Hung Transmission Line

Transcription

1 Social Monitoring Report Semi-Annual Report January-June 2014 VIE: Power Transmission Investment Program, Tranche 1 220kV Song May-Uyen Hung 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.

2 SEMI ANNUAL REPORT INDEPENDENT MONITORING FOR RESETTLMENT Project Number: Period: June 2014 POWER TRANSMISSION INVESTMENT PROGRAM, TRANCHE 1 220KV SONG MAY UYEN HUNG TRANMISSION LINE This report has been submitted to ADB and Southern Power Project Management Board (SPPMB) by the Independent Monitoring Consultant for Resettlement and is made publicly available in accordance with ADB s public communications policy (2011). It does not necessarily reflect the views of ADB.

3 SEMI ANNUAL REPORT INDEPENDENT MONITORING FOR RESETTLMENT Project Number: Period: June 2014 POWER TRANSMISSION INVESTMENT PROGRAM, TRANCHE 1 220KV SONG MAY-UYEN HUNG TRANMISSION LINE

4 TABLE OF CONTENT ABBREVIATIONS INTRODUCTION Project Background Project Impacts Assignment of the Consultant Objectives Methodology DOCUMENT REVIEW Project Document Legal basis for entitlement Asian Development Bank Policy Regulations of Vietnam Government on Resettlement FINDINGS Internal monitoring Consultation, Participation and Information Disclosure Consultation and Participation Information Disclosure Detailed Measurement and Survey Compensation Plans Preparation of Compensation Plans Compensation Prices for Affected Assets Assistant and Allowance Compensation Payment Displaced Household Vulnerable Households Gender Grievance Redress Mechanism Operational Cooperation GAP BETWEEN IMPLEMENTATION AND RP Public participation and Information Disclosure Compensation Plans Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 3

5 4.3. Compensation Payment CONCLUSION AND RECOMMENDATION Conclusion Recommendation ANNEX List of people met and interviewed Annex 2: List of interviewed AP Annex 3:Minutes between contractor and AHs Annex 4: Photos at monitoring time Annex 4: Public Information Booklet (PIB) Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 4

6 ABBREVIATIONS ADB AHs APs CPC CLRD CARB DMS DP DPC DOLISA EVN GOV Asian Development Bank Affected Household Affected Persons Commune People s Committee Center for Land Resource Development Compensation, Assistance and Resettlement Board Detailed Measurement and Survey Displaced Persons District People s Committees Department of Labour, Invalids and Social Affairs Electricity of Vietnam Government of Vietnam G1; G2 Turning angle 1; turning angle 2 IOL LURC NPT PPC ROW PRCs RP Inventory of Losses Land Use Right Certificates National Power Transmission Corporation Provincial People s Committee Right of Way Provincial Compensation Assistance and Resettlement Committee/ Provincial Resettlement Committee Resettlement Plan PECC3 Power Engineering Consulting J.S Company 3 PMU T/L SPPMB SPS SCR Project Management Unit Transmission Line Southern Power Project Management Board Safeguard Policy Statement Safeguard Consultant for Resettlement Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 5

7 1. INTRODUCTION 1.1. Project Background 1. The Socialist Republic of Viet Nam has received a loan front the Asian Development Bank (ADB) towards the cost of the Power Transmission Investment Program, Tranche 1. Part of the proceeds of the loan will be applied for the construction of the (i) 220 kv Song May - Uyen Hung transmission line and (ii) 220 kv Phu My 2 Industrial Zone substation. The National Power Transmission Corporation (NPT) is the executing agency and the Southern Power Project Management Board (SPPMP) is the implementing agency for the two subprojects. 2. The 220kV Song May - Uyen Hung transmission line, with the length of km starting at existing 500kV Song May substation located at at Bac Son commune, Trang Bom district, Dong Nai province to Uyen Hung 220kV substation at Uyen Hung commune, Tan Uyen town, Binh Duong province. Figure 1-1. Location of the subproject Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 6

8 Figure 1-2.T/L Alignment Table 1.1. Scope of Song May - Uyen Hung 220kV transmission line Project component Length (m) Starting point Ending point Quantity of towers Transmission line in Dong Nai province 6, kV Song May substation G28 32 Transmission line in Binh Duong province 14,740 G28 220kV Uyen Hung substation 38 Total 21, Due to the current arrangement of the administrative boundaries of Binh Duong province, the project is passed through 3 districts namely Trang Bom, Vinh Cuu, Bac Tan Uyen (former Tan Uyen district) and Tan Uyen town (former Uyen Hung town was also renamed as Uyen Hung commune). The details of project area presented in Table 1-2. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 7

9 Table 1-2. Project affected area Province District Commune Number of foundation Number of AHs Number of affected institution Dong Nai Trang Bom Bac Son Vinh Cuu Tan An Binh Duong Bac Tan Uyen Tan Uyen town Thuong Tan Tan My Uyen Hung 3-1 Total Project Impacts 4. Results of Detailed Measurement Survey (DMS) show that the implementation of the project will cause limitation of land and land acquisition in 5 communes, of which 2 communes belong to Dong Nai province namely Bac Son (Trang Bom district), Tan An (Vinh Cuu district) and other 3 communes in Binh Duong province as Thuong Tan, Tan My (Bac Tan Uyen district) and Uyen Hung (Tan Uyen town). 5. The DMS has been carried out since August 2013 shows that a total of 209 AHs and 08 institutions are affected by the implementation of the 220kV Song May-Uyen Hung Transmission Line project. Of which 92 AHs and 05 institution in Binh Duong province and 117 AHs and 03 institutions belonging to Dong Nai province were surveyed. Details as below: Starting at Trang Bom district at the 500kV Song May substation, the transmission line will pass through the Bac Son commune in Trang Bom district, Dong Nai province. There are 7 houses and one institution affected at this section. At the Vinh Cuu district, the route runs parallel with connection line of 220kV Tri An-Long Binh transmission line. The route goes through the Tan An commune in Vinh Cuu district, Dong Nai province. The route will cross rice paddy field, cajuput and rubber tree plantations. The route of the transmission line from G5B to G6 will run parallel with the 500kV Phu My-Song May transmission line. It will cross cajuput trees, rice land, the 200kV Tri An- Hoc Mon transmission line, and 110kV Tri An-Tan Hoa transmission line. Totally, there are 110 houses and 2 institutions affected at this section. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 8

10 At Bac Tan Uyen district area, the G6 to G7 towers will be built and the line will run parallel with the new 500kV Song May - Tan Dinh transmission Line. The route will go through the Thuong Tan and Tan My communes in Bac Tan Uyen district, Binh Duong province. The route will cross some Acacia auriculiformist, rice land, and rubber trees. From G7 to G9, the route goes through rubber trees and indigo trees but will not affect houses at this section. From G9 to G12, the ROW will run parallel with the existing 500kV Pleiku-Tan Dinh transmission line and cross rubber tree and cajuput plantations. There are 91 affected houses and 4 affected institutions identified at this section. At Tan Uyen town, from G12 to the connection line to the 220kV Uyen Hung substation, the route will cross the DH411 road and some Acacia auriculiformist trees. 6. During subproject implementation, land temporarily impacted by temporary access of vehicles that will transport the pre-fabricated steels, equipment, cables and utilities as well as construction materials in the work areas Assignment of the Consultant Objectives 7. The main objective of the consulting service is to ensure that people affected by the construction of the two subprojects receive the full entitlements, assistance and benefits in accordance with the approved resettlement plans. Whether it is necessary to draw out experiences and make adjustments in project implementation process. It is acquired to have information response channel on implementation of RP. Beside reports made by internal monitoring of PMU, it is always required by the Donor (ADB) to have a different objective information channel which is independent with the report. It is independent monitoring report, prepared by an external monitoring agency and do not belong to PMU. 8. To do the above general objective, the SPPMB has signed contract No 03/2013/SPMB-TVCN to engage an Independent Monitoring Consultant for Resettlement (Consultant) on November As proposed in the Contract and TOR, the consultant will be required on an intermittent basis over a period of 2.5 to 3 years (covering pre-construction, construction, and post- construction phase) with the total person- months are estimated at 4 person-months. It is expected that the consultant will be provide services for at least 2.5 weeks every 6 months. 9. In this first monitoring mission, there are number of specific objectives: - To have an overview on general status of RP implementation in 2 project areas including the land acquisition areas (for construction) under the project. - To collect (updated) data regarding the Project s impacts; to check the update process of RP per item (or per subproject). - To supervise such activities as compensation, assistance, site clearance Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 9

11 - To check compensation documents and collect data on inventory, compensation option preparation for uncompensated items/components - To monitor and evaluate internal monitoring data Methodology 10. Study on internal reports of SPPMB to clarify the accuracy of random sample selection in land acquisition and compensation; all relevant mitigation measures; conduct compensation based on specific principles of project. Simultaneously, assessing the relevant data archiving system with the providing requirements. 11. Randomly monitor and assess on site to evaluate the compliance on the fields of RPs: adequate census and inventory of entire affected properties in RP preparation process, accurately calculate all benefits and compensation allowances based on replacement cost, awareness of affected people on objectives of project. All impacts, compensation policies, entitlements of affected people, promulgate grievance procedure and procedure to redress all appeals timely and properly (if any), undertakes compensation payment appropriately. At local area, conduct continuously regular consultation for stakeholders, Specific survey methods 12. Monitoring methods show the sources of data, method to collect data and information, monitoring frequency, monitoring sampling method include following contents: Data and information source 13. Information served for monitoring process are from those source : o SPPMB: resettlement staff, CMC.. o Relevant agencies: Center for Land Resource Development of Bac Tan Uyen district, o Contractors: Song Da Thang Long JSC o Project affected Persons (APs) 14. Beside all the said main sources, monitoring consultant also get information by participating in community meetings. All discussion meetings for implementing RP and dealing measures for all shortcomings, which hold by coordination between PMU staffs and local authorities. Or direct interviewing from PMU staffs onsite. Information collection method 15. Desk review: discuss in next chapter 16. Field survey has been conducted at least 1 week/6month. Monitoring location is Tan My, Thuong Tan communes (Bac Tan Uyen district), Tan An commune (Vinh Cuu district) and Uyen Hung commune (Tan Uyen town) where conducting compensation and/or will carry out site clearance to ensure: o All affected properties were inventoried in measurement questionnaires; Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 10

12 o Compensations and Allowances are calculated accurately; o Specify compensation price based on replacement price; o Affected people could get objectives, impacts and compensation policy of project and entitlement that they are received through effective propaganda campaign and information disclosure; o Promulgate all grievance procedure to people and all grievances are solved properly and timely; o Payments are conducted timely before constructing project facilities; o Satisfaction levels. 17. Focus group discussion, deep interviewing, focus group discussion has been applied to gather more qualitative information, major contents in the discussions/or deep interviewing include: o Community awareness on site clearance and compensation. (RP); o Satisfaction level of people RP; o Difficulties, shortcomings and solutions (if any) o Assess participatory level of local authorities and SPPMU in redressing relevant issues. 2. DOCUMENT REVIEW 2.1. Project Document 18. The consultant has collected and reviewed all project documents like loan agreement, project agreement as well as ADB SPS Importantly, legal documents related to land acquisition of project should be also updated and reviewed in detail. Particularly, the consultant has collected and reviewed the documents prepared and issued by the Vietnam government, the Dong Nai, Binh Duong province, as well as Trang Bom, Vinh Cuu, Bac Tan Uyen an Tan Uyen town on the compensation, allowance and resettlement 20. The consultant has also reviewed the updated RP in which the results from replacement cost surveys, socioeconomic surveys and community consultations were reflected. 21. In addition, the consultant has collected and reviewed all letters/dossier issued by SPPMB on the subproject Legal basis for entitlement 22. Principles and objectives of Resettlement and Compensation of the project are defined in accordance with Vietnamese laws and SPS Vietnamese legislation and ADB policies have been adapted to fit the specific conditions of the project as defined below: - Involuntary resettlement and impacts on land, structures and other fixed assets Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 11

13 will be avoided or minimized where possible by exploring all alternative options. - Compensation and assistance will be based on the principle of replacement cost at the time of implementation - Severely affected household (SAH) is considered when they are losing 10% or more of the household s assets shall be considered as threshold. - Displaced persons without title or any recognizable legal rights to land are eligible for compensation for non-land assets at replacement cost. - Residential and agricultural land for replacement should be close to the previous places as much as possible and be suitable to displaced persons. - Meaningful consultation will be carried out with the displaced persons and concerned groups and ensure participation from planning up to implementation. The comments and suggestions of the APs and communities will be taken into account. - The RP will be disclosed to APs in a form and language(s) understandable to them - Resettlement identification, planning and management will ensure that gender concerns are incorporated. - Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups such as households headed by women, children, disabled, the elderly, landless and people living below the generally accepted poverty line. - Existing cultural and religious practices will be respected and preserved, to the maximum extent practical. - Culturally appropriate and gender-sensitive social impact assessment and monitoring will be carried out in various stages of the project. - Resettlement transition stage should be minimized. Restoration measures will be provided to displaced persons before the expected starting date of construction in the specific location. - Budget for payment of compensation, assistance, and resettlement and support will be prepared sufficiently and made available during project implementation and by the provinces. - Reporting and independent monitoring should be defined clearly as part of the management system of resettlement. Independent assessment of the duration Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 12

14 and results of the land acquisition should be carried out. - The NPT will not issue notice of possession to contractors until the NPT are officially confirmed in writing that (i) payment has been fully disbursed to the displaced persons and rehabilitation measures are in place (ii) alreadycompensated, assisted displaced persons have cleared the area in a timely manner; and (iii) the area is free from any encumbrances. The satisfactory resettlement to be ascertained by the independent monitor before start of the civil works. - Cut-off date is the date of completing DMS for which land and/or assets affected by the Project are inventoried. 23. The legal and policy framework for addressing the adverse social impacts of 2 subprojects is provided by relevant policies and laws of Viet Nam and of the ADB Asian Development Bank Policy 24. The aim of ADB Policy on Involuntary Resettlement is to avoid or minimize the impacts on people, households, businesses and others affected by the acquisition of land and other assets, including livelihood and income, in the implementation of development project, such as the 220kV Phu My 2 Industrial zone substation. Where resettlement is not avoidable, the overall goal of the ADB policy is to help restore the living standards of the affected people to at least their pre-project levels by compensating for lost assets at replacement costs and by providing, as necessary, various forms of support Regulations of Vietnam Government on Resettlement 25. Laws: Land Law 2013, The Land Law 2013 No.45/2013/QH13 dated November 29th, 2013; 26. Government Decrees - 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.45/2014/ND-CP dated May 15th, 2014 regulating collection of land use levy; - Decree No.47/2014/ND-CP dated May 15th, 2014 on compensation, assistance, rehabilitation and resettlement in the event of land acquisition by the State; - Decree No.14/2014/ND-CP dated February 26th, 2014 specifically regulating the Law on Power on power safety protection; - Decree No.38/2013/ND-CP dated April 23rd, 2013 on the management and use of Official Development Assistance (ODA); 27. Circulars Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 13

15 - Circular No.30/2014/TT-BTNMT dated June 2 nd, 2014 regulating profiles for land allocation, land lease, land use purpose transfer, and land acquisition; - Circular No.23/2014/TT-BTNMT dated May 19th, 2014 regulating land use right certificate, house and other upon land assets ownership; - Circular No.37/2014/TT-BTNMT regulating the compensation, assistance and resettlement in detail when the State acquiring land - Circular No.36/2014/TT-BTNMT regulating the method of land price, construction, and adjustment of land price, specific price and consulting of land price verification dated December 6 th, 2007 guiding the implementation of the Decree 188/2004/ND-CP. 28. Current decisions of Dong Nai province: - Decision No.26/2012/QD-UBND dated April 3, 2012 of Dong Nai PPC on procedures of compensation, assistance and resettlement in the event of land acquisition in Dong Nai. - Decision No.12/2012/QD-UBND dated February 23, 2012 of Dong Nai PPC on compensation unit price allowance for assets in the event of land acquisition in Dong Nai. - Decision No.14/2012/QD-UBND dated February 24, 2012 of Dong Nai PPC on compensation unit price for house in the event of land acquisition by the State. - Decision No.76/2012/QD-UBND dated December 19, 2012 of Dong Nai PPC on land price in Dong Nai province Decision No.75/2013/QD-UBND dated December 20, 2013 of Dong Nai PPC on land price in Dong Nai province Current decisions of Binh Duong province: - Decision No.87/2009/QD-UBND dated December 21, 2009 of Binh Duong PPC on procedures of compensation, assistance and resettlement in the event of land acquisition in Binh Duong. - Decision No.1837/2013/QD-UBND dated July 25, 2013 of Binh Duong PPC on compensation rate, allowance, and support on land and other assets in the event of site clearance for the project of Song May-Uyen Hung. - Decision No.58/2011/QD-UBND dated December 19, 2011 of Binh Duong PPC on compensation unit price for house, structure, tree, and crop in the event of land acquisition by the State. - Decision No.12/2012/QD-UBND dated April 6, 2012 of Binh Duong PPC amending Decision No.58/2011/QD-UBND on compensation unit price for house, structure, tree, and crop in the event of land acquisition by the State. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 14

16 3. FINDINGS 3.1. Internal monitoring 30. Center of Land Fund Development (CLFD) of Bac Tan Uyen, Trang Bom, Vinh Cuu district and Tan Uyen town and SPPMB implemented compensation and resettlement. At this monitoring time, the consultant worked with the CLFD of Bac Tan Uyen district and SPPMB about relevant issues. In addition, the consultant reviewed documents relating to compensation and resettlement, including the compensation options approved by the provincial People s Committee (PPC) and minutes of compensation payment made to the AHs. Monitoring results show that the SPPMB and the CLFDs have kept sufficient documents of AHs in both hard copies and electronic files for convenient monitoring and usage. Compensation plans have been approved by PPC of Dong Nai, DPCs of Bac Tan Uyen and Tan Uyen town (authorized by the Binh Duong PPC), minutes of compensation payment signed by the receivers and related parties have also been archived adequately. 31. Internal monitoring reports have been prepared quarterly with support of Safeguard Consultant for Resettlement (SCR). These reports have been also received the comments of ADB Consultation, Participation and Information Disclosure Consultation and Participation 32. According to the monitoring result, public consultation has been carried out to provide information on the project, impacts and mitigation measures as well as implementation arrangements. The participation of women has been actively encouraged. All information has been provided in both written and oral form accessible to the APs. Community meetings were also organized in the Commune People Committee (CPC) of commune offices where all affected households including women and vulnerable groups were invited to participate and were encouraged to raise their opinions on the projects and their proposals for minimizing negative social and environmental impacts. 33. The following information has been consulted and provided to APs: Project information. Detailed information about the project, impacts of the project on the life and work of people in the project areas, including explanations on the requirement for land acquisition for the construction of the project. Entitlements of affected people. Affected people are entitled as different categories such as permanently impacted agricultural land, affected land in ROW, and affected house/structure/tree/crop in ROW. Compensation and allowance in each category is paid to ensure that their living standard prior to the project implementation shall be restored or better-off. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 15

17 Valuation of compensation. All affected persons were given an explanation on how to calculate their compensation value and assistance. Grievance redress mechanism. All APs have been informed about policy of the project and the grievance redress procedures that stated any unclear about any aspects of the project could be explained by DCARBs. If they have complaints on land acquisition, compensation and allowance such as the compensation unit prices for land and other assets, they are entitled to lodge their grievances. Additionally, it is explained how to access the grievance redress procedures under the mechanism of the project and the Law on Complaints and Denunciations of the Government. The responsibilities of organizations. APs were informed about the mass organizations, levels of government authorities and their responsibilities and obligations on process of RP implementation. Name and title of government officials as well as their hot line are available at some communes. Schedule. The tentative schedule for the resettlement activities, site clearance, and construction were informed to APs. APs have the right to hand-over the site after receiving compensation and allowance for their affected assets. Table 3.1. Summary of consultation in the project area Date Venue Participant Consultation content Binh Duong Dong Nai Jul-Aug Jul-Aug CPCs AHs, CPC, Farmer s Association of commune, Fatherland Front of Commune, Women s Union of commune, PECC3, SPPMB Scale of the project, procedure of land acquisition and clearance; Policy of the project such as compensation, allowance, and other support to stabilize APs condition; Social and environmental impacts of the project. Jan Apr CPCs AHs, CPC, CLRD, PECC3, SPPMB Mar May 2013 DPC DPC, CLRD, PECC3, SPMB Sep.2013 Jan CPCs DCARB, CLRD, PECC3 Announcement of land acquisition; Tentative schedule of DMS, compensation, and clearance; Establishment of DCARBs Consultation on compensation, allowance, and other supports. During the process of update RP and implementation of compensation Mar 2014 Jul Apr.2014 CPCs AHs, CPC, DCARB, CLRD, SPPMB Result of detailed measurement survey, the project's policy, entitlements, schedule of compensation and site clearance, complaints and grievances redress mechanism. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 16

18 34. It was also noted that during the process of RP update and compensation implementation, DCARBs have continued to comply with the requirement of community consultation. Particularly, series of consultation meetings with the APs were held prior to detailed measure surveys of affected assets, prior to submission of compensation plans to PPCs for approval, and after approval of the compensation plans during the grievance redress process Information Disclosure 35. On the basis of the HHs comments in combination with discussion with commune officials, DCARB officials, and study of the documents provided by the PMUs, the monitoring consultant notices that disclosure of project information to the people at the communes affected by construction of 220kv Song May-Uyen Hung T/L in Trang Bom, Vinh Cuu district, Dong Nai province and Bac Tan Uyen district, Tan Uyen town, Binh Duong province has been conducted by the district DCARB together with the CPCs, information subject to be disclosed have been delivered quite adequately. 36. Key information of RP was disclosed to APs through public consultations, conducted from June 2011 to date, and dissemination of the public information booklet. The draft RP prepared in November 2011 was uploaded on ADB s website for public disclosure. 37. Disclosure of the RP to Trang Bom, Vinh Cuu district, Dong Nai province and Bac Tan Uyen district, Tan Uyen town, Binh Duong province and APs has been carried out prior to its submission to ADB for review and approval. Key information in the RP to be disseminated include (i) compensation, relocation and rehabilitation options, (ii) DMS results, (iii) detailed asset valuations, (iv) entitlements and special provisions, (v) grievance procedures, (vi) timing of payments, and (vii) displacement schedule. 38. At the time of monitoring, as the requested of ADB, the RPs was being updated. Right after updated RP has been approved by ADB, it should be further disclosed in the subproject area where are freely and conveniently accessed by the APs and other stakeholders in the local language. 39. It was acknowledged that the compliance of mechanism of information disclosure and community consultation specified in the Resettlement Plan (RP). Particularly, consultation meetings with the APs were held prior to detailed measure surveys of affected assets, prior to submission of compensation plans to PPCs for approval, and after approval of the compensation plans. Each AHs was provided with a draft compensation plan for their affected assets which stated clearly quantities of affected assets, compensation prices for each type of assets, and compensation amounts and allowances for their HHs so that they could verify and cross-check with their actual affected assets. On that basis, the HHs would give their comments on agreement with such draft compensation plans or queries and concerns to the RC for review, modification, and supplementation. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 17

19 40. It was also acknowledged that the information has been widely disclosed during the consultation meeting (the project's policy, and entitlements, schedule of compensation and site clearance, grievances redress mechanism) and officially displayed on the Notice Board of the CPC of Bac Son, Tan An, Tan My, Thuong Tan and Uyen Hung (Result of detailed measurement survey). However, it is recommended that the PIB which has already been prepared and updated RP should be further widely disclosed in the project area where the AHs could easily access to (offices of above CPCs). In addition to that, it would be meaningful if the PIB and updated RP could be uploaded in SPPMB website and ADB website as early as possible Detailed Measurement and Survey 41. DCARBs were established by Tan Uyen DPC (the decision No 1805/QD-UBND dated on 13/3/2013), Bac Tan Uyen DPC (the decision No 222/QD-UBND dated on 13/5/2014), Trang Bom and Vinh Cuu DPC to take responsibility for compensation, support and resettlement tasks, including the representatives of relevant local authority and organization such as division of Natural Resources and Environment, division of Inspection, division of Justice, department of Labour Invalid and Social Affair, CLRDs, SPPMB compensation staffs, CPC, and representatives of AHs. 42. Consultant has worked with CLFD of Bac Tan Uyen district to learn about process of DMS. According to them, the DMS teams may include more representatives than those of DCARBs, especially with the participation of the local authorities and heads of village/hamlet and AHs. This team measured affected assets and land at every AHs with the participation of AH. The DMS result minutes have been also prepared and signed by the representatives of DMS team and the AHs. The DMS result minutes were then certified by CPC. A copy of the DMS result minute may be provided to the AHs. 43. After DMS completion, DCARB implemented a series of community meetings to (i) disseminate information on the results of DMS and valuation, (ii) inform to each AP the amount of compensation and assistance, (iii) listen to opinions and suggestions of APs, and (iv) modify incorrect data, if any. 44. At the same time, DMS results were also posted on the notice boards of the CPC offices within 20 days were recorded in the official form and certified by the CPCs, the commune Fatherland Fronts and APs. After the expiration of a notice, all comments and feedbacks were summarized. 45. Generally, DMS were carried out in a public and propitious way. As monitored, most of the affected HHs were involved in the DMS process of their affected assets, some HHs considered that the DMS results miss counted their trees The DCARB has acknowledged these complaints and verification is being sought for further compensation if these complaints are true, subject to verification results by the DCARB. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 18

20 46. According to DCARB of Bac Tan Uyen, there were also 6 HHs who could not identified due to they have not lived in the area. However, the DCARB of Bac Tan Uyen has posted the Notice on the Binh Duong newspaper three times and three day of time to ask them to appear to resolve the related matters Compensation Plans 47. Preparation of compensation plans of the project was based on legal document mentioned above Preparation of Compensation Plans 48. As mentioned on the updated RP, total cost for RP implementation includes cost for compensation, allowance, and resettlement, cost for DCARB and DoNRE as followed. Table 3.2. Total cost of RP implementation No Item Binh Duong (VND) Dong Nai (VND) I COMPENSATION & ALLOWANCE COST 1 Compensation for land 589,518,000 4,178,579,600 2 Compensation for tree/crop 1,148,046, ,050,000 3 Allowance for land impacted by ROW 20,306,236,800 Added in item (1) 4 Allowance for houses/structures affected by ROW 1,902,885, ,753,280 5 Assistant for job changing and creation 2,080,125, ,428,500 6 Bonus for site clearance on time 0 446,000,000 II COST FOR DLFDCs, DoNREs 520,536, ,508,322 III EXTERNAL MONITORING 316,940,000 TOTAL (I+II+III) 33,453,607,590 Approximate US$ 1,583,978 (exchange rate US$ 1 = 21,120 VND) Source: the updated RP, During preparation of the compensation plans, the DCARBs complied with procedures of preparation and public announcement of compensation plans as stipulated in the RP. Details are as below: Consulting with the AHs about the draft compensation, assistance, and resettlement plans: the DCARB sent each AH a copy of the compensation plan for their family together with a comment card so that they could check and comment. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 19

21 The DCARB posted the draft compensation plans at CPCs offices for people s information and comments. Receiving comments, queries, and grievances from people and the AHs. Reviewing and redressing grievances. Finalizing the compensation plans upon acknowledgement and supplementation of people s comments, completing necessary procedures to submit these plans to competent authorities for appraisal and approval Compensation Prices for Affected Assets 50. Compensation cost of the project is based on project policy, DMS data and, current decisions of Dong Nai and Binh Duong PPC. 51. The cut-off date was the date for land acquisition announcement: January 21, 2013 in Binh Duong province and April 27, 2010 in Dong Nai province. 52. Land compensation prices: compensation prices for lands were determined in accordance with following criteria: types of land (by purposes of usage), by areas (rural or urban areas), by land locations, and by land productivity. 53. Land replacement prices were updated during the DMS process and submitted to Binh Duong PPC for review and approval. In this regard, the Binh Duong PPC has enacted the Decision No.1837/2013/QD-UBND dated July 25, 2013 on compensation rate, allowance, and support on land and other assets in the event of site clearance for the project of Song May-Uyen Hung. Dong Nai PPC has also enacted the Decision No.12/2012/QD-UBND dated February 23, 2012 of Dong Nai PPC on compensation unit price allowance for assets in the event of land recovery in Dong Nai. 54. There are few AHs having residential land affected by the project. For permanently affected residential and agriculture land (for the construction of tower foundation) in Binh Duong, it was observed that the compensation unit costs have been surveyed and prepared only for the subproject of Song May-Uyen Hung that were much higher than those applied for other projects in the province. The compensation unit costs were applied the PPC compensation rate in Dong Nai province (above mentioned decision). 55. For forestland (under the management of Tan Uyen Forest Ranger Department), it has not to compensate for the forestland but SPPMB (3462/AMN-DB dated 30/5/14) has committed to contribute to provincial Forest Protection and Development Fund to reforest the acquired forest area. Table 3.3. Compensation unit prices No Item Unit Binh Duong 1 Land (Bac Tan Uyen) Dong Nai (Vinh Cuu &Trang Bom) Residential land (rural area) VND/m 2 1,125,000-1,500,000 1,050,000-1,500,000 Perennial tree land (orchard) VND/m 2 75, ,000 45, ,000 Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 20

22 No Item Unit Binh Duong (Bac Tan Uyen) Dong Nai (Vinh Cuu &Trang Bom) Paddy field VND/m 2 120, ,000 45,000-80,000 Annual crop land VND/m 2 120, ,000 45, ,000 Aquaculture land VND/m 2 80,000 30,000-60,000 Planted production forest VND/m 2 60,000 35,000-65,000 2 Structures Grade 4 (brick wall, wooden frame with titled roof) Grade 5 (bamboo and wooden frame with palm roof) 3 Crops and trees VND/m 2 1,884,000 2,326,000 VND/m 2 628, ,000 Paddy, Annual crops VND/m 2 6,500 3,000 Eucalyptus VND/tree 15,500 26,000 Acacia VND/tree 15,500 26,000 Jackfruit VND/tree 240, , ,000 Longan VND/tree 360,00 260,000 Mango VND/tree 500, ,000 Custard apple VND/tree 80,000 98,000 Lemon VND/tree 60, ,000 Banana VND/tree 12,000 20, Compensation for non-land assets. Houses, structures, crops, trees, and other assets under the ROW of transmission line are affected that could result in limitation of the usage of assets. According to Decree No.14/2014/NĐ-CP, all their houses/structures could be existed in ROW if meeting fully stipulated conditions (roofs and surrounding walls are made of fire-proof materials, metal structures are earthed according to regulations on earth connection techniques, etc.). In Binh Duong province, the compensation for non-land assets were applied by the Decision No 58/2011/QD-UBND dated 19/12/2011 on compensation rate, allowance, and assistance of assets, fruit, crop in Binh Duong province and the Decision No 12/2012/QD-UBND dated 6/4/12 on amendment of the Decision No 58/2011/QD-UBND. The non-land assets has followed the PPC compensation cost unit in Dong Nai province (Decision No.12/2012/QD-UBND dated February 23, 2012 of Dong Nai PPC on compensation unit price allowance for assets in Dong Nai). Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 21

23 District Trang Bom Commune Table 3.4. Total compensation in Dong Nai province No of AH No of Affected institution Compensation Land (compensation and assistance) Crop, tree Structure Bac Son ,002,180 33,861, ,847, ,293,280 Vinh Cuu Tan An ,943,529,100 5,197,310, ,759,000 1,404,460,000 Total 7,565,531,280 District Commune No of AH Bac Tan Uyen Thuong Tan Table 3.5. Total compensation in Binh Duong province No of Affected institution Compensation Land Crop, tree Structure 7 1 1,945,353, ,024, ,966,600 1,314,362,980 Tan My ,556,546, ,154, ,879, ,512,875 Tan Uyen town Uyen Hung 1 275,935, ,935,000 Total ,777,834, ,178,000 1,419,781,100 1,902,875, Application of the replacement cost in Binh Duong has met expectations of most of the AHs. The monitoring result show that most of the AHs agreed with the compensation prices...however, there are some HHs considered the compensation prices of land, houses, and architectural structures as low and did not agree with land compensation prices. The application the PPC compensation rate in Dong Nai may be slightly lower than the market price. However, the full package of compensation and allowances could make houses/structures with better conditions Assistant and Allowance 58. In addition to compensation for affected land and assets, AHs were also subject to assistance and allowances as specified in the RP. 59. Apart from the compensation for residential land, allowance for limitation of land use is equal to 80% and 70% of compensation rate for residential land in Binh Duong and Dong Nai province, respectively. For house/structure under ROW, allowance was paid by 70% of its compensation rate for the limitation of house/structure use. For houses/structures in which 70% areas are affected under the ROW would be paid as those of affected 100% area. And for 1 Affected institution in Tan My commune is also the affected one in Uyen Hung ward, Tan Uyen town (Tan Uyen Forest Department) Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 22

24 house/structures are made of inflammable material, 100% of its value will be supported for the improvement of these structures. 60. Apart from the compensation for agricultural land, AHs also receive allowance approximately 50% and 70% as value of compensation for residential land in Binh Duong and Dong Nai province respectively. For AHs whose agriculture land under the ROW, the allowance was paid by 80% of its compensation rate for the limitation land use. 61. For the forestland area, no compensation was entitled but the allowance was still applied. 62. The bonus for timely land handover was also applied in the subproject area. Table 3.6. Total assistance in Dong Nai province District Commune No of AH No of Affected institution Total assistance Other assistance Bonus for site clearance Trang Bom Bac Son ,000,000 Vinh Cuu Tan An ,794,500 Total ,794,500 Table 3.7. Total assistance in Binh Duong province 443,273,500 38,000, ,521,000 District Commune No of AH No of Affected institution Total assistance Land under the ROW Adjacent agriculture land Bac Tan Uyen Thuong Tan ,337,016,350 5,760,847,600 Tan My ,449,376,150 14,044,931, ,168,750 1,404,444,750 Tan Uyen town Uyen Hung Total ,786,392,500 19,805,779,000 1,980,613, Construction contractor have also supported to AH for the temporary impacts, which are acceptable to AHs during construction time. 64. During the monitoring mission, the consultant has been received the understanding of the AHs (Huynh Tan Khanh, Nguyen Van Hai, Nguyen An Dong) on the above entitlements of the subproject policies. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 23

25 65. I was also noted that albeit the PPC compensation cost unit were applied (Dong Nai PPC), the full package of allowance and assistance for land and structure on land were considerably reasonable for the AHs Compensation Payment 66. After Bac Tan Uyen district and Tan Uyen town approved the compensation, allowance, and resettlement plans, the SPPMB and CLFD of Bac Tan Uyen and Tan Uyen town has implemented the compensation to the AHs. At the monitoring time, 39/41 AHs and 4/4 institutions in Thuong Tan commune, Bac Tan Uyen district have been compensated. Only 1 AHs (Ms Nguyen Thi Sam) has not appeared on the compensation meeting and will be paid later in her residential address in Ho Chi Minh city. For the Tan My commune, Bac Tan Uyen district, 43/50 AHs and 1/1 institution have been compensated. It was due to the fact that some HHs were not appeared (Han Vinh Quang,Han Thanh Son, Han Manh Hung and unknown HH), 2 HHs (Nguyen Van Hanh, Nguyen Doan May) have been in conflict on the land use right with other HHs (unpaid payment was deposited on the state treasury), 1HHs (Nguyen Cong Luan) did not appear due to away for mission and 1 HH (Pham Thu Thuy) did not agree on the origin of the acquired land in which the LURC has been withdraw by the PPC before. 67. In Dong Nai province, 6/7AHs and 1/1 institution have been compensated. One left AH (Nguyen Viet Thiep at position No 2) has not received the money due to disagreement on origin of the land. However, the PPC has verified and confirmed that, the land should be owned by the South-East Paper Company and not by the AH. In this regard, the SPPMP may want to work with CLFD of Trang Bom to consult with AH to receive the money. 68. In Vinh Cuu district of Dong Nai province, 102/110 AHs have been compensated. In particular, 4 AHs (Nguyen Thi Tru, Ho Thi Be, Nguyen Thi Ngoc Bich, Do Thi Tuyet An) were not appeared on the compensation meeting with unknown reason, 1AH were aboard (Tran Thi Nguyet), 1AH was waiting the land conflict redress (Bui Tan Hai), 1AH was complaining the compensation for support structure (Nguyen Minh Giam), and 1 AH (Nguyen Canh Ha and Nguyen Thi Kim Lien) was waiting the verification of the supplement of compensation rate for the swiftlets raising house. 69. All above outstanding cases are noted and under resolved by the SPPMB, CLFDs and PPCs. It is recommended that the further consultation with the disagreement on the origin of land, land conflict, allowance should be continued to carry on. 70. It was observed that prior to compensation payment the CLFD, SPPMB and the CPCs held meetings with the APs to disseminate the compensation payment schedule, including time and venues at the project communes, documents that the AHs should take with them when receiving compensation payment, procedures of receiving payment, and receipt of compensation. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 24

26 71. Generally, SPPMU, and CLFD of Bac Tan Uyen, Tan Uyen, Trang Bom, Vinh Cuu districts have co-operated closely with the CPCs of the affected communes and the district State Treasury in implementing compensation payment for the AHs promptly, safely, and effectively. 72. It was also observed that under the subproject progress pressure, the contractor/sppmb have put a lot of effort in the way that they have paid in advance to the AHs instead of waiting for the compensation plan to be approved; this has helped the timely handover land to the contractor. The commitments have been agreed and signed between contractor and AHs. (Please see the annex 3) 3.6. Displaced Household 73. There are 19 AHs with their house/structure affected due to location in ROW, in which 9 AHs with houses Grade 4 and 10 AH with houses Grade 5 and other 8 AHs with temporary structures. According to Decree No.14/2014/NĐ-CP, the displacements of these houses/structures are not required and could be existed in ROW if meeting fully stipulated conditions (roofs and surrounding walls are made of fire-proof materials, metal structures are earthed according to regulations on earth connection techniques, etc.). 74. The AHs having house/structure partially affected will be compensated and supported in cash to improve and install grounding conductors and fireproof material for safety. 75. No AH requires to be relocated, so it is not necessary to arrange land for resettlement Vulnerable Households 76. The project resettlement policy recognizes specific group of AHs as vulnerable which includes (i) female headed households without support; (ii) disabled household heads; (iii) poor households; (iv) children and the elderly headed households with no other means of support; (v) landless households; (vi) and ethnic minorities. No affected household shall become vulnerable household due to the land acquisition of the project. 77. The DMS identified that no AH is classified as the poor according to the poverty standard of Binh Duong and Dong Nai province. Similarly, none of AH is entitled as vulnerable in consistent with MOLISA s criteria. There is not any ethnic minority household affected by the project implementation Gender 78. According to the monitoring results, the level of equality of women and men is relatively high in the area. The role of women in their family is not only housework but also contribute house s income. Women have performed their role in family s decision making as well as their participation in community s decision making. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 25

27 79. It was realized that the gender issue has not been purposely emphasized during the preparation of RP and compensation implementation. However, it was also observed that the participation of women and Women Union during the series of public meetings, DMS and complaint compensation process was relatively high. In addition to that the women participation and Women Union have also extended to the members of DCARB and DMS team which could have been fairly representative for the women right, particularly the women headed households in the local area Grievance Redress Mechanism 80. The grievance redress mechanism was in place to address questions and complaints on the land acquisition, compensation and resettlement in a timely manner. All affected persons have been made aware of their rights and complaint procedures. Affected persons may lodge their complaints relating to any aspects of land acquisition and resettlement entitlement, prices, payment or procedures for resettlement and income restoration programs etc. Their complaints may be made orally or in writing. The People Committees at all levels will be responsible for receiving and resolving complaints in the level order. Grievances redress mechanism will be implemented in three levels of CPC, DPC and PPC. Beside, the AP could also sent directly their complaints to the SPPMB and SPPMB has replied in document in relevant queries. 81. The disclosure of the DMS result and draft compensation plan has allowed the AHs to have the opportunity for complaint if any. 82. According to the interview with the AHs, the most common grievances and concerns are about imprecise determination of land locations, compensation for house, crop, fence, wells... Particularly, there were some queries on the health effect of magnetic field when the transmission line will be put into operation 83. All above grievance and complaint were received, reviewed, and dealt with by the DCARB of Bac Tan Uyen, Trang Bom and Vinh Cuu district and the SPPMB. All above grievance has been redressed by promptly responding in paper; even some community meetings were organized in the CPC office. At the monitoring time, there are some typical cases as followed table 84. In general, the current grievance redress mechanism is in place and worked rather effectively. Most of complaints have been addressed right at the first level of CPC and second level of district. SPPMB has actively participated in the grievance redress process. Semi-Annual Report Independent Monitoring for Resettlement -June/2014 Page 26