INVESTMENT CONSTRUCTION FILE

Transcription

1 PlfUMlilJ,Lf THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---***--- PHU MINH INVESTMENT AND CONSTRUCTION J.S.C SUBPROJECT: RURAL MIDDLE VOLTAGE POWER NETWORK IN HAl DUONG PROVINCE (STAGE 2) RURAL DISTRIBUTION PROJECT (RD) LOANFROMWB INVESTMENT CONSTRUCTION FILE VOLUME IV: RESETTLEMENT PLAN Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized HANOI-2010

2 THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness *** PHU MINH INVESTMENT AND CONSTRUCTION J.S.C SUBPROJECT: RURAL MIDDLE VOLTAGE POWER NETWORK IN HAl DUONG PROVINCE (STAGE 2) RURAL DISTRIBUTION PROJECT (RD) LOANFROMWB INVESTMENT CONSTRUCTION FILE VOLUME IV: RESETTLEMENT PLAN Hanoi, date... month PHU MINH INEVESTMENT AND

3 - Hai Duong Province (Stage 2) Resettlement action plan, TABLE OF CONTENT EXECUTIVE SUMMARY Introduction Project objective Policy framework Principles and objective Project description... 6 Entitlement policy... 7 Mitigation measures... 8 Public Consultation... 8 Elementary information Data collection Socio-economic survey Economy Census and Inventory Project impacts Project impacted people Project impacted assets Mitigation measures Implementatioll arrangement Implementation schedule Institutional arrangement Complaint and grievances Monitoring and evaluation Cost and budget Disclosure CHAPTER 1: INTRODUCTION Project objective Project scale Policy framework Principles and Objectives Overall project description Project colnponents Project efficiency Project impacts Mitigation measures CHAPTER 2: INSTITUTIONAL AND LEGAL FRAMEWORK Institutional framework...~ Common responsibility Responsibility in detail Legal Fram e",'0 rk Vietnamese laws World Bank Policies (WB) Comparison of GOV and WB approaches Phu Minh Investment and Construction J.S.C -1."" t ~0,,

4 Subproject: Rural middle voltage power uetwork - Hai Duong Province (Stage 2) Resettlement action plan Required waivers...: Definition of Eligibility and Limitation to Eligibility Resettlement and compensation policies Eligibility to compensation entitlement Compensation policies Pennanent impacts Entitlement Eligibility and Limitation to Eligibility Eligibility to compensation entitlement Compensation and resettlement principles Compensation policy Compensation entitlement by categories Allowances and assistance Voluntary donation CHAP"TER 4: MITIGATION MEASURES Mitigation measures Measures to minimize land acquisition and losses Consultation and participation Impact limitation measures in design stage Impact mitigation measures in construction stage Result of mitigation measures CHAPTER 5: PUBLIC CONSULTATION Community meetings Phase 1: Information campaign, DPs and agency consultation during resettlement planning and RP preparation Phase 2: Information campaign and consultation during compensation and resettlement implementation CHAPTER 6: BASELINE INFORMATION Data gathering activities Socio-economic surv-ey Climate Industry and small industry Population Land Culture and education Healthcare Income CHAp TER 7: PROJECT IMPACTS Project impacts Displaced persons Types of impacts Impacted land areas in comparison with total areas Affected people classified by category CHAPTER 8: IMPLEMENTATION ARRANGEMENT Phu Minh Investment and Construction J.S.C -2

5 Subproject: Rural middle volta.ge power network - Rai Duong Province (Stage 2) Resettlement action plan 8.1 Measures for project implementation _8.1.1 Announcement to DPs Compensation deadlines Resettlement and clearance deadline RP implementation actions Implementation schedule Staffing for RP implementation Proposed staffing for RP implementation Training and workshop... ~ Complaints and grievances Monitoring and supeitising Internal monitoring External monitoring CHAPTER 9: COST AND BUDGET Budget Compensation cost estimation Compensation unit price Compensation unit prices for structures Compensation unit prices for land Compensation unit prices for trees and crops RP cost estimation Total cost estimate for RP implementation Preparation ofrp and DMS Compensation and rehabilitation Management Monitoring Contingency Total cost for RP implementation CHAPTER 10: DISCLOSURE Appendices 1. Project areas 2. Policy framework for compensation, resettlement and rehabilitation entitlement Matrix 3. Entitlement matrix 4. Sample of "Pamphlet" 5. Inventory ofdps 6. Details of entitlement ofdps 7 Minutes of community Meetings Abbreviations and Acronyms DMS DP(s) EVN NPC Detail Measurement Survey Displaced persons Electricity ofvietnam North Power Corporation Phu Minh Investment and Construction J.S.C -3

6 - Hai Duong Province (Stage 2) Resettlement actio!1 plan HDPC HDDB HTX RP ROW RD RlB TBA TIL CPDTXDPM UBDBTDC WB Hai Duong Power Company Compensation Committee. Cooperatives Resettlement Plan Right of Way Rural distribution Project Resettlement Information Book Substation Transmission line Phu Minh Investment and Construction J.S.C Resettlement and compensation Committee World Bank Phu Minh Investment and Construction J.S.C -4

7 - Rai Duong Province (Stage 2) Resettlement action plan 1. Introduction 1.1 Project objective EXECUTIVE SUMMARY The overall development objective of Subproject: Rural Middle Voltage Power Network in Hai Duong Province (Stage 2) - RD funded by WB is to: - Alleviate power shortage and improve the quality of power supplies in rural areas - Raise transmission and dispatch efficiency and improve power system reliability. Those overall objectives shall be approached by rehabilitating and widening the distribution power network at different voltage levels of 35kV; 22kV and 10kV in rural areas to improve the network capacity, meet the growing demand as well as ensure the quality of power supplies. Moreover, this project is proposed to make contribution to widen and develop agricultural production in particular and socio-economy in general within rural areas. Subproject: Rural Middle Voltage Power Network in Hai Duong Province (Stage 2) is under RD funded by WB, proposed to invest capital in newly building middle voltage Line to supply electricity to newly constructed substations within 20 communes in 9 districts ofhai Duong province. The project components: - Newly build substation: 20 pcs, total capacity of 9,440 KVA. - Installation of middle voltage Line: km. In which: + 35KV Line: 8,756m. + 22KVLine: Km. + 10KV Line: m.. Installation of low voltage line: - Total length ofnewly built low voltage line: 2,284 m, in which: + Cable VX AXLPE 4x150: 114 m. + Cable VX AXLPE 4x120: 718 m. + Cable VX AXLPE 4x95: 1048 m. + Cable VX AXLPE 4x70: 366m. + Cable VX AXLPE 4x50: 38 m. Phu Minh Investment and Construction J.S.C -5

8 - Hai Duong Province (Stage 2) Resettlement action plan 1.2 Policy framework This RP of this subproject under Hai Duong Power Company (HDPC) is based on the Policy Framework (RPF) for Compensation, Resettlement and Rehabilitation of Displaced Persons (Please see the Appendix 2- RPF for Compensation, Resettlement and Rehabilitation of DPs). According to this Policy framework, the eligibility for compensation and rehabilitation entitlement included in the RP inventory prior to the RP cut-off-date. By the actual RP implementation, HDPC or Compensation and Resettlement Committee will organize the survey for the actual prevailing prices for the adjustment of the compensation unit prices, if necessary and the amount of compensation will be displayed at the Communes' PCs Office. 1.3 Principles and objective The principles outlined in WB POIBP of the WB on involuntary resettlement (December 2001) have been adopted in preparing this RPF. This is the basis for the preparation of this RP. Apart from the direct compensation, all DPs who permanently loss more than 20% residentiav productive land or other incomes are entitled to trainings or other restoration measures and who required to be resettled will be entitled to receive transportation allowance, subsistence allowance for relocating, restoration allowance and training allowance. However, there is no DPs affected more than 20% assets or to be relocated in this subproject. The cut-ofj-date is on September 15 th, Public dissemination if information of such cut-off date has been carried out prior to the socia-economic surveys and census covering the project areas by the component local authorities. 1.4 Project description Currently, power network in project areas (20 communes in 09 districts) is always in overload situation. The average power loss in these areas is 30%. Therefore, it is necessary to build middle voltage Lines and Distribution Substation to meet the continuously growing power requirement from now on to By the completion of this subproject, rural middle voltage power network in Hai Duong province will solve some problems as follows: Phu Minh Investment and Construction J.S.C -6

9 - Hai Duong Province (Stage 2) Resettlement action plan - + Reduce overload situation in distribution system within 20 communes of 9 districts in Hai Duong Province. + Minimize capacity loss, improve power quality in project site. 2. Institutional and legal framework 2.1 Institutional framework HDPC and related institutionsl departments (provincial! district CRCs, Department of Finance, Department of Industry, Department of Construction...) shall be responsible for enforcement of the Resettlement RPF and for planning and implementing this RP. HDPC and Phu Minh Investment and Construction J.S.C are responsible for carrying out census, socio-economic surveys, population and inventories and preparing RP within their respective jurisdiction. The District and Commune People's Committee will participate In the RP preparation and implementation. 2.2 Legal framework This RP has been prepared on the basis of the Project RPF with all GOV policies and WB policies related to land acquisition, compensation and resettlement (POIBP 4.12) are applied for this RP. Where GOV and WB policies are not compatible, the WB's POIBP 4.12 shall prevail with certain required waivers. 3. Entitlement policy This RP has been prepared because of the POIBP 4.12 of the WB on involuntary resettlement adopted in the RPF. The principle objective of the RPF is to ensure that all DPs will be compensated for their losses at replacement cost and provided with rehabilitation measures to assist them to improve, or at least maintain their preproject living standards and income earning capacity. The RPF lays down the principles and objectives, eligibility criteria of DPs, entitlements, legal and institutional framework, modes of compensation and rehabilitation, people participation features and grievance procedures that will guide compensation, resettlement and rehabilitation ofdps. Phu Minh Investment and Construction J.S.C -7

10 - Rai Duong Province (Stage 2) Resettlement action plan Apart from the direct compensation, all DPs who permanently loss more than 20% residential! productive land or other incomes are entitled to trainings or other restoration measures and who required to be resettled will be entitled to receive transportation allowance, subsistence allowance for relocating, restoration and training allowance. 4. Mitigation measures Thanks to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related offices, the project impacts are almost marginal. There are no DPs with their fixed assets being acquired more than 20% of their -total holdings, therefore, no DPs required to be relocated and the development of resettlement site is nor required. 5. Public Consultation The consultation with DPs in getting their feedback will limit contradiction and. avoid delays in project implementation. The RP is developed in close consultation with local authorities and DPs in order to maximize their participation in resettlement planning implementation and the socio-economic benefits ofdps to the project. Local authorities and DPs were consulted through line alignment, drafts, -resettlement policy, RP implementation, grievance mechanism, monitoring and evaluation on the restoration ofdps' livelihoods after the project implementation. 6. Elementary information 6.1 Data collection -The census and inventory work of project impacts were carried out during November, 2010 by Phu Minh Investment and Construction J.S.C and under the assistance ofthe related local authorities. 6.2 Socio-economic survey Phu Minh Investment and Construction J.S.C -8

11 _- Hai Duong Province (Stage 2) Resettlement action plan Socio- economic sllrveys-have been carried out aiming at providing baseline data on the localities traversed by the project covering 20 communes in 9 districts belong to Hai Duong province. The survey data cover the information on the characteristics of the communities, their sources of income, revenue, socio-economic situation. The surveys also aim at identifying the characteristics of the affected areas, assessing the development of population, house, socio-economic. The data collected are used for preparing resettlement policy and bases for evaluating restoration of living standards. 6.3 Economy Hai Duong province is located in the Northern Delta, being bounded by 6 neighboring provinces and cities namely: Bac Ninh, Bac Giang, Quang Ninh, Hai Phong, Thai Binh and Hung Yen. The traffic systems of road, railway station as well as waterway are allocated appropriately. Some important national arterial traffics as Highway No.5, No. 18, and No. 183 going through the province create a good condition to exchange with neighboring areas. Hai Duong City is a center of Hai Duong province. Hai Duong City is located on Highway No.5. It is 70km far from Hai Phong to the East, 57km far from Hanoi to the west and 80km far from Ha Long. There are 20km of Highway 18 in the North of the province. It connects Noibai International Airport to Cai Lan port of Quang Ninh province. Railway Hanoi - Hai Phong is regarded as connecting line between Hanoi City and Northern Province to seaport. Being located in principal economy area of the South, Hai Duong will take many chances to participate in labor allocation process within the area and export to other provinces. 6.4 Census and Inventory The census and inventory activities are carried out in 20 communes of 9 districts in Hai Duong province. The data show that:. Number ofdps 236 households (915 people) Number ofdps required to be resettled No Number and areas of houses lost No Areas of residential land lost No ProduCtive land lost as percentage of total productive land 0.52% Quantity ofother fixed assets affected (various categories) No. Business lost including structures, land and other fixed assets Impacts on tenants who leased the houses for residential purpose No Impacts on sensitive areas No No Phu Minh Investment aud Construction J.S.C -9

12 - Rai Duong Province (Stage 2) Resettlement action plan Impacts on public works No Average family size 4 people -Men 52% - Women 48% Age group years old 35% years old 58% - Over 60 years old 7% Head ofhouseholds -Men 85% - Women 15% Education - College/ Intermediate School 0.5% - High School 7.5% - Elementary 39% - Secondary school 51% - Illiterate 2% Occupation DPs are mainly earning living by farming or live-stock breeding. Average income VND/person/year 7. Project impacts 7.1 Project impacted people The DPs' include the following people to be identified by the baseline information. collected for each RP: (a) People whose houses are in part or in total affected (temporarily or permanently) by the project; (b) People whose residential land or productive land are in part or in total affected (temporarily or permanently) by the project; (c) People whose crops (annual and perennial) and trees are affected in part or in total by the project; PhD Minh Investment and Construction J.S.C -10

13 - Hai Duong Province (Stage 2) Resettlement action plan (d) People whose businesses are in part or in total affected (temporarily or permanently) by the project. Based on the result of socio-economic surveys and census, we have data as follows: Total number ofdps is: 236 households (915 people), whereas: DPs with permanent acquisition of more than 20% pf residential! productive land DPs with permanent acquisition of more than 20% No ofproductive land DPs with permanent! temporary affected structures No DPs with totally/ partially affected structures No DPs with annual! perennial trees/ crops affected in 236 HHs (915 people) part or total DPs with business partly or totally affected DPs required to be relocated No No No Note: One households may be impacted by different types ofimpacts No. Commune Number Number Number of Number of Number ofhhs ofdps permanent permanent ofhhs' affected affected affected HHs DPs garden land Hai Duong nrovince I. Nam Sach District Dong Lac ! II. Ninh Giang District Hung Thai HoangHanh! Van Hoi III. Thanh Ha District Thanh Lang Viet Hong ! IV. Kim Thanh i District 7 Kim Luong KimAnh V. Tn Ky District Ngoc Son Van To Number of DPs' affected garden land Phu Minh Investment and Construction J.S.C -11

14 - Hai Duong Province (Stage 2) Resettlement action plan VI. Cam Giang.. District (). - 0 I 11 Kim Giang TTLai each VII. Thanh Mien District NguHung Thanh Giang Tan Trao VIII. Binh Giang District Tan Viet Vinh Tuy Thuc Khang Thai Duong IX. Gia L.oc District Pham Tran Project impacted assets The project will impact on: Permanent land acquisition for tower foundation and some access road for the project construction. Permanent impacts on houses, structures, trees, crops and other assets in the proposed tower foundation areas and in the ROWs. Assets on the service roads. All trees and crops or other assets surrounding the tower foundation and ROWs. Temporary acquired land required during construction ofthe project. Results of socio-economic survey and inventory show that: Permanent impacts: - Residential land: Om 2 - Paddy land: 1,175 m 2 - Garden land: 100m 2 Temporary impacts: - Residential land: Om Paddy land: 64,536 m - Garden land: 3,595 m 2 Phu Minh Investment and Constrnction J.S.C -12

15 - Hai Duong Province (Stage 2) {lesettlement action plan Affected houses and structures: No _... Temporary impacts (m2) Permanent impacts (m2) No. Commune Garden Paddy Garden Paddy Total Total land land Hai Duong I!rovince , ,3 1. Nam 8ach District Dong Lac II. Ninh Giang District Hung Thai HoangHanh 920,4 920,4 4 Van Hoi 2719,6 2719,6 III. Thanh Ha District Thanh Lang Viet Hong IV. Kim Thanh District 4115,1 4115,1 7 Kim Luong 3987,6 3987,6 8 KimAnh 7,5 127,5 V. Tu Ky District 10393, ,9 9 Ngoc Son 699,8 699,8 10 Van To 9694,1 9694,1 VI. Cam Giang District 1174,4 1174,4 11 Kim Giang 1084,4 1084,4 12 IT Lai each VII. Thanh Mien 14516, ,2 District 13 NguHung 4521,6 4521,6 14 Thanh Giang 4421,1 4421,1 15 Tan Trao 5573,5 5573,5 VIII. Binh Giang 14309, ,1 Disirict 16 Tan Viet 6643,8 6643,8 17 Vinh Tuy 3125,9 3125,9 18 ThucKhang 2968,6 2968,6 19 Thai Duong 1570,8 1570,8 IX. Gia Loc District 1365,6 1365,6 20 Pham Tran 1365,6 1365,6 land land 100, , ,3 99,88 99,88 99,88 99,88 129,27 129,27 59,59 59,59 26,04 26,04 43,64 43,64 100, ,38 100,38 100, ,8 67,8 52,8 52, ,4 19,4 142,6 142,6 43,2 43,2 28,2 28, ,9 229,9 68,2 68,2 70,4 70,4 91,3 91,3 289,3 289,3 61,6 61,6 144,8 144,8 45,8 45,8 37,1 i 37,1 31,6 31,6 31,6 31,6! Through consultation, DPs can choose cash compensation for their impacted 'assets at the replacement costs or fixed assets and market rates for crops because the impacts are marginal. Phu Minh Investment and Construction J.S.C -13

16 - Hai_ Duong Province (Stage 2) Resettlement action plan 7.3 Mitigation measures Thanks to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related. offices, the project impacts are almost marginal. There are no DPs with their fixed assets being acquired more than 20% of their total holdings, therefore, no DPs required to be relocated and the development of resettlement site is not required. 8..Implementation arrangement 8.1 Implementation schedule Right after the investment for the project is approved, DPs in the project affected areas will be informed of their rights, RP policy including legal framework, eligibility provisions, entitlements, rates and modes of compensation! assistance, implementation schedule and complaint as well as grievance rights mechanism. Such information will be delivered to DPs through community meetings, pamphlets and so on... Proposed project implementation schedule: Schedule for HDPC and CRC 1. Establishment ofproject CRC Already existed 2. RP preparation Quarter 4/ Review and approval of RP by Quarter 4/2010 HDPCandWB 4. Negotiation (Government and WB) Quarter 4/ Time of Effectiveness Quarter 4/ Public Information Quarter 4/ Field work (DMS) Quarter Quarter Compensation payment Quarter Schedule for DPs 1. Declaration of quantity and status of Quarter property 2. Receiving compensation and ground Quarter clearance Civil works Quarter 1/2011 Monitoring Quarter Quarter 3/2011 Phu Minh Investment and Construction J.S.C -14

17 - Hai Duong Province (Stage 2) Resettlement action plan All RP activities must be satisfactorily completed before WB issues a no objection for award ofcontract for sub-project. Any changes for RP after WB approval will be required to review by WB office in Ha Noi before commencement ofconstruction. The proposed implementation schedule has been held among the consultation, Phu Minh Investment and Construction J.S.C and HDPC, taking consideration the marginal impacts, without resettlement and possibility of parallel activities. 8.2,Institutional arrangement HDPC is assigned by EVN to be responsible for all project activities as investment guidelines, investment and design, project construction and monitoring of compensation and resettlement. HDPC will directly guide the whole implementation process of the project including RP implementation. HDPC shall be assisted by the related departments of districts and communes. (See Figure 2.1.2: RP,implementation organization chart). 8.3 Complaint and grievances During the project implementation, all DPs' complaints and grievance shall be adjusted by the Vietnamese laws and regulations. DPs having any complaints or grievance will be treated fairly and be guided by related agencies on the procedures and formalities for solving their complaints and grievance of RP. They have to pay, no administration fees during their complaint time. There are four steps that DPs can complaint: Commune level, District level, Provincial level and district court. See figure 8.5: Administrative and juridical structures available for solving grievance to DPs. 8.4,Monitoring and evaluation RP implementation shall be continuously monitored and internally evaluated by HDPC and PPC. Moreover, an independent external monitoring agency shall be entrusted with independent monitoring task. Right after RP implementation is approved, HDPC will select and contract with an independent external monitoring agency to implement the monitoring activities right from the beginning of RP implementation. Result of selecting independent external monitoring agency will be sent to WB for review. Phu Minh Investment and Construction J.S.C -15

18 Subproject: Rural middle voltage power uetwork Hai Duong Province (Stage 2) 9. Cost and budget Resettlement action plan No. Item Detail Amount I I CU:SL ufrp preparation and DMS ,9 1 Initial stage (making RP) Temporary Implementation stage ,9 + DMS, negotiation with DPs Temporary Expenditure of granting license and ground clearance 2% *0,6* construction cost ( ) ,9 II 1 2 Compensation and rehabilitation Permanent impacts Compensation for paddy Compensation for litchee garden Allowance: 120,000dlm2 for permanent impacts Allowance: 130,000dlm2 for permanent impacts Temporary impacts Compensation for ricel paddy Compensation for trees III Management cost 1 Management cost 2 Training, workshop and information campaign cost IV Monitoring cost = 2% (I + II) V Contingency = 15% (I + II ) Total ( I+II+III+IV+V) 1.074,95m2*60.000VND/m2 100,38m2*65.000VND/m ,95m2* VND/m2 1 00,38m2* VND/m ,3 m2 *4.000VND/m2 18 tree * VND/tree 2%* (II) Temporary , , ,06 I 10. Disclosure Drafts ofrpf and Entitlement Matrix have been disclosed at the Peoples' Committee of20 communes ofhai Duong's project areas. Draft ofrp has been sent to HDPC, Northern Electricity Corporation, EVN and WB's Information Center in Hanoi, Vietnam. the final RP will be cleared by WB and approved by Hai Duong People's Committee, Northern Electricity Corporation and EVN. Phu Minh Investment and Construction J.S.C -16

19 - Hai Duong Province (Stage 2) Resettlement action plan CHAPTER 1: INTRODUCTION Project objective The overall development objective of Subproject: Rural Middle Voltage Power Network in Hai Duong Province (Stage 2) - RD funded by WB is to: - Alleviate power shortage and improve the quality of power supplies in rural areas - Raise transmission and dispatch efficiency and improve power system reliability. Those overall objectives shall be approached by rehabilitating and widening the distribution power network at different voltage levels of 35kV; 22kV and 10kV in rural areas to improve the network capacity, meet the growing demand as well as ensure the quality of power supplies. Moreover, this project is proposed to make contribution to widen and develop agricultural production in particular and socio-economy in general within rural areas. Subproject: Rural Middle Voltage Power Network in Hai Duong Province (Stage 2) is under RD funded by WB, proposed to invest capital in newly building middle voltage Line to supply electricity to newly constructed substations within 20 communes in 9 districts ofhai Duong province Project scale - Newly build substation: 20 pcs, total capacity of 9,440 KVA. - Installation ofmiddle voltage Line: km. In which: + 35KVLine: 8,756m. + 22KVLine: Km. + 10KVLine: m. - Installation. of low voltage line: - Total length of newly built low voltage line: 2,284 m, in which: + Cable VX AXLPE 4x150: 114 m. + Cable VX AXLPE 4x120: 718m. + Cable VX AXLPE 4x95: 1048 m.. + Cable VX AXLPE 4x70: 366m. + Cable VX AXLPE 4x50: 38m. Phu Minh Investment and Construction J.S.C -17

20 - Raj Duong Province (Stage 2) Resettlement action plan To 'newly construct rural distribution network, land acquisition will be required. However, it would not cause large scale of land acquisition and resettlement. This RP is prepared to solve compensation for all losses related to the DPs affected by RD Project Policy framework This RPF prepared based on the OP 4.12 of the WB on involuntary resettlement (Deeemh;,r:,,2001) (See Appendix 2 RPF for compensation, resettlement and rehabilitation of DPs). The principle objectives of this RPF is to ensure that all DPs will be compensated their losses at the replacement cost and provided with rehabilitation measures to assist them to improve or at least maintain their preproject living standards and income capacity.. The RPF lays down the principles and objective, eligibility criteria of DP, entitlements, legal and institutional framework, modes of compensation and rehabilitation, people participation features, grievance procedures that will guide compensation, resettlement and rehabilitation ofdp Principles and Objectives The principles outlined in the WB's operational Policies 4.12 (OP 4.12) have been adopted in preparing this RPF. The principles will be provided to DPs prior to expected start-up of works at the respective project site. This RP preparation has been carried out by Phu Minh Investment and Construction J.S.C in accordance with the provisions of RPF with consultation and participation ofdp and local authorities. In order to ensure that the objectives of this RP are met, compensation unit prices established by provincial and districts CRC and approved by PPC at rates warranting compensation at replacement/market cost. Project management Board (HDPC), provinciav district CRC and PPC as well as independent external monitoring agency are responsible for checking, proposing the adjustments to HDPC if necessary the. compensation unit prices at the time of RP implementation to ensure the compensation unit prices are at the replacement values. This RP has been agreed upon by the local relevant authorities and will be valid after GOV's and WB's approval. Phu Minh Investment and Construction J.S.C -18

21 --Hai Duong Province (Stage 2) Resettlement action plan The_ compensation, 'resettlement, assistance and rehabilitation activities shall beimplemented after this RP is approved by WB, NPC, provincial People's Committee Overall project description Project components ~ Newly build substation: 20 pcs, total capacity of9,440 KVA. ~ Installation ofmiddle voltage Line: Ian. In which: + 35KV Line: 8,756m. + 22KV Line: Km. + 10KV Line: m. - Installation of low voltage line : ~ Total length ofnewly built low voltage line: 2,284 m, in which: + Cable VX AXLPE 4x150: 114 m. + Cable VX AXLPE 4x120: 718 m. + Cable VX AXLPE 4x95: 1048 m. + Cable VX AXLPE 4x70: 366m. + Cable VX AXLPE 4x50: 38 m Project efficiency Currently, power network in project areas (20 communes in 09 districts) is always in overload situation. The average power loss in these areas is 30%. Therefore, it is necessary to build middle voltage Lines and Distribution Substation to meet the continuously growing power requirement from now on to By the completion of this subproject, rural middle voltage power network in Hai Duong province will solve some problems as follows: + Reduce overload situation in distribution system within 20 communes of 9,districts in Hai Duong Province. + Minimize capacity loss, improve power quality in project site + Satisfy purpose of socio-economic development ofhai Duong province Project impacts Phu Minh Investment and Construction J.S.C ~19-

22 - Hai Duong Province (Stage 2) Resettlement action plan.. a) Displaced persons fd..ps) Based on census and inventory, we have data as follows: Total number ofdps: 236 HHs (915 people), in which: DPs with permanent acquisition of more than 20% of residential/ productive land No.DPs with permanent acquisition of more than 20% No of productive land DPs with permanent! temporary affected structures No DPs with totally/ partially affected structures No DPs with annual/ perennial trees/ crops affected in 236 HHs (915 people) part or total DPs with business partly or totally affected No DPs required to be relocated No b) Project impacted assets Permanent land acquisition: 1,175m 2 Temporary land acquisition: Om2. Permanent affected structures: No Temporary affected structures: No Permanent affected paddy areas: 1,075 m 2 Permanent affected garden areas: m Temporary affected paddy areas: 64,536 m 2 Temporary affected garden areas: 3,595 m Mitigation measures a) Consultation and participation Phu Minh Investment and Construction J.S.C survey teams have conducted : discussions and consultations with the local authorities and people on selecting the substation position, the directions of power routes. All valuable feedback from local authorities and DPs shall be reviewed in designing stage. The selected substation position and power routes are the least impact option. b) Design stage The substation is designed to be located in area with no buildings or small valuable structures or on the land under management of commune authority. The routine Phu Minh Investment and Construction J.S.C -20

23 - Hai Duong Province (Stage 2) Resettlement action plan survey and design should be avoid crossing through markets, nigh density residential areas, village, pagodas and reserved nature... The substation is located near the road so as to create more favorable condition in implementing and avoid to cause damage. c) Construction stage. The suitable measures and construction arrangement are to be thoroughly considered as the construction period will be implemented after the harvest collection, and ended before the following harvest To gain this target, some daily workings will be changed and planned in order to shorten the temporarily affected period. The camps of workers will be located at the vacant site or at the public land nearby the commune, steering board and will not be built near the residential areas.. Appropriate workforces with working shifts will be scheduled to shorten the temporarily affected period. Phu Minh Investment and Construction J.S.C -21

24 - Rai Duong Province (Stage 2) Resettlement action plan CHAPTER 2: INSTITUTIONAL AND LEGAL FRAMEWORK - ~".-~-~-.-~-~ Institutional framework Common responsibility HDPC and related institutions! departments (provincial! district CRCs, Department of Finance, Department of Industry, Department of Construction...) shall be responsible for enforcement of the Resettlement RPF and for planning and. implementing this RP. HDPC and Phu Minh Investment and Construction J.S.C are responsible for carrying out census, socio-economic surveys, population and inventories and preparing RP within their respective jurisdiction.. The District and Commune People's Committee will participate in the RP preparation and implementation These administrative units will also ensure the active and affective participation of the DPs in RP preparation and implementation. In order to have RP acceptable to the WB and to implement RP smoothly, HDPC is responsible for (i) hiring qualified. consultants to prepare RP, (ii) appointing qualified social safeguard staffs at HDPC and provincial! district CRC. Funds for implementing RP will be from EVN Responsibility in detail a) Electricity of Vietnam - EVN EVN is the owner of this project and responsible for managing, organizing of investigation, design, budget arrangement, funding and supervision for RP implementation. b)haiduong Power Company - HDPC Principal tasks ofhdpc are: Making the master plan, management and monitoring ofrp implementation. Phu Minh Investment and Construction J.S.C -22

25 - Hai Duong Province (Stage 2) R~settlement action plan Responsible for organizing information dissemination! disclosure, public.. -meetings,~ disclosure RP to all relevant local authorities, CRC of -all levels; disseminate DMS and Entitlement forms to all DPs. Organizing! Training the survey teams to carry out Detail Measurement Survey (DMS) and RP implementation for all levels of People's Committee as well as other relevant agencies. Report the RP implementation progress and land clearance work to WB and EVN. c) Cityl provincial People's Committee. Hai Duong People's Committee is responsible for RP being approved by Prime Minister as a condition of project's participation. Furthermore, Hai Duong People's Committee also has to ensure sub-project be approved, make decisions of compensation unit cost, allowances and measures to rehabilitate DPs' living standards.. Defining clearly the responsibilities of relevant institutions in implementing RP. Approve the compensation unit cost, allowances and establishing appraising committees, compensation committee at all different administrative levels and approve lands for compensations.. Redre$s complaints and grievances. d) Provincial related agencies The City! provincial DOF is responsible for studying and issuing unit prices of compensation and submitting to PPCs for approval. Right from the initial stage of. the RP implementation, the DOF will closely co-ordinate with Department of Construction, Department of Natural Resources and Environment, Department of Agriculture and Rural Development, District People's Committee and Independent external monitoring agency to evaluate the appropriate unit prices in RP and submit to PPC for approval and ensuring the compensation unit prices to be at the replacement value at the time of compensation payment. e) Cityl provincial compensation / resettlement committee Phu Minh Iuvestment and Construction J.S.C -23

26 - Hai Duong Province (Stage 2) Resettlement action pjan The City/ provincic!lqe.~s_ar_~_r~sponsible for implementing RP according to the approved schedule. They will be headed by Vice Chairman of the Provincial People's Committees. The provincial CRCs are responsible for: Assisting HDPC and District CRCs in preparing the detailed plans for compensation and resettlement. Checking all inventory of impacts and detailed implementation plans submitted by District CRCs. Approve the implementation plans submitted by the District CRCs. Solving complaints if the redress is fail at the district level. The City/ provincial CRCs will consist the representative as follows: Department of Finance and Pricing Department of Construction Department ofnatural Resources and Environment Chairmen ofpeople's Committee of related districts Project Management Boards of City/ Province j) District people's committees The district CRCs are responsible for guiding the compensation and resettlement activities in their respective district areas. Direct the relevant institutions for carrymg out impact survey, public consultation, information dissemination on resettlement policy and RP Implementation. Establishing CRCs at district level. Setting all complaints ofdps at district level. g) District Compensation! Resettlement Committees Phu Minh Investment and Construction J.S.C -24

27 - Hai Duong Province (Stage 2) Resettlement action plan The district CRCs are principal institutions responsible for the implementation ofrp in their respective district areas. They re(;l"lli!_~}(perienced personnel for gathering of base-line information and inventory. They are responsible for: Organizing the survey teams to carry out the Detail Measurement Survey (DMS) for affected houses and assets as well as finalize DMS and Entitlement forms for each DP. Checking the unit prices of compensation as applied in RP, suggest for adjusting the unit prices in conformation with market prices! replacement costs (if necessary). In co-ordination with HDPC to organize the meetings with DPs, communes, disseminate Resettlement Information Book (RIB), DSM and Entitlement Forms to DPs. Based on the policy and approved process In RP. to prepare the detailed implementation plan (quarterly, semi-annual, annual plans) and together with HDPC to pay entitlements to DPs in a timely manner. Settling all complaints and grievances of DPs, solving all difficulties if any during the implementation period and suggest the solutions for the outstanding issues to Provincial City! CRC. The District CRCs will be headed by the Vice Chairmen of the District! Commune People's Committee. The District CRCs will consist of the following respective:: Department offinance and Accounting. Department ofindustry and Trade. Department ofnatural Resources and Environment. Affected communes. Displaced Person. h) Commune People's Committees. People's Committee of communes will be in charge of: Participating in census and inventory surveys. Phu Minh Investment and Construction J.S.C -25

28 - Hai Duong Province (Stage 2) Resettlement action plan Co-ordinate with District CRCS to arrange public meetings, information dissemination, compensation! allowance payments ne~!._~_~ Transferring all feedback by DPs to District CRCs and settle the complaints at communal level. Suggesting the solutions for outstanding issues if any. Assist local people in overcoming the difficulties during the construction require~ assist DPs in repairing of affected houses. Arrange land in the case DPs require compensation by land for land. i) Displaced Persons (DPs) DPs are ready with their necessary related papers such as land using, ownership of other assets. DPs are responsible for carefully checking on their lost assets~ respective entitlements and clear land in a timely manner once DPs receive full entitlements. Figure RP implementation Institutional Organization Chart : EVN Provincial People's HDPC District PC Provincial CRC External Independen t Monitoring Commune PC DPs District CRC 2.2 Legal Framework The WB policy on Involuntary Resettlement (OP 4.12) and Laws on Compensation and Resettlement of GOV are applied. Phu Minh Investment and Construction J.S.C -26

29 - Hai Duong Province (Stage 2) Resettlement action plan Vietnamese laws Compensation and Resettlement. Some main national. laws, decree, circulars governing land acquisition, compensation and resettlement include: The Constitution of Vietnam which was issued in 1992, be adjusted and supplemented according to Resolution No lQHI0 on 25/12/2001 by National Assembly Term X, the tenth meeting. The Civil Law (28, October 1995) The Circular No. 05-BXD issued on 9, February 1993 by the Ministry of Construction on the classification ofthe housing categories. The Decree No. 64/ND-CP issued on 27 September 1993 by GOV on the distribution of long term agricultural land to households for agricultural purpose. The Decree No. 60/ND-CP issued on 5, July 1994 regulates property ownership and Land Use Rights in urban areas. The Decree No. 61/ND-CP issued on July 15, 1994 regulates residential house purchases, sales and business. The Decree No. 45/ND-CP issued on August 3, 1996 regulating the Amendment ofarticle 10 of the Decree No. 60/ND-CP (5/7/1994) Ordinance for Regulation and Amendment of Ordinance on Tax of land and Housing (January 1, 1994) Law on taxation of Land Use Right Transfer (June 22, 1994) The Decree No. 94/ND-CP issued on August 25, 1994 stipulating the Implementation of Ordinance for Tax of Land and Housing. Official Letter No. 2944/TC-TCT issued on October 28, 1995 regulates the tax remission of housing program.. The Decree No. 106/2005/ND-CP issued on August 17, 2005 defining the protection ofhigh voltage system. The Decree No /ND-CP issued on October 12, 2009, adjusted and supplemented some stipulations in the Decree No. 106/2005/ND-CP on 17/8/2005 by GOV which regulating in detail and guiding the implementation of some articles in Power Law on protection of high voltage system. The Decree No. 67/1999/ND-CP issued on August 7, 1999 regulates in detail the Law on Petition and Accusation by GOV. Law on Petition and Accusation dated on December 2, 1998 The 2003 Land Law (adopted by National Assembly on November 26, 2003) regulates the land management and uses with effective date of July 01, 2004, Phu Minh Investment and Construction J.S.C -27

30 - Rai Duong Province (Stage 2) Resettlement action plan mentions that: " people with land to be recovered shall be compensated with the assignment with the new land of the same purpose; if having no land to compensate, they will be compensated with the land use right value at the time of insurance of the recovery decisions. The People's Committees of the provinces and centrally-run cities shall elaborate and execute resettlement projects before the land recovery for compensation with dwelling houses, residential land for people having residential land recovered and having to move their places of residence. The resettlement zones must be planned in the same areas and have development conditions better or equal to the old ones. In case of having no resettlement zones, the persons having land recovered shall be compensated with money and given priority to buy or lease dwelling houses under the State Ownership for urban areas; be compensated with residential land for rural areas. In case the recovered residential land areas are larger than the compensated areas, the recovered people shall be compensated with money being equal to that differences. In case of recovering land of households and/or individuals that are directly engaged in production, but having no land for compensation for continued production, apart from compensation value, those people shall be supported by the State to stabilize their lives with training for change of their production and/ or business lines with the arrangement of new job. (Article 42). Item 4 - Land Acquisition Article 39 Article 42 regulates the land acquisition for purpose of national defense, security, national interests and public interests. Clause 1 of this article clearly defined clearly that prior to the time of land acquisition (at least 90 days for agricultural land acquisition and 180 days for non-agricultural land acquisition), competent State Authorities must inform to public all information on reasons of land acquisition, time schedule, resettlement plan, compensation! ground clearance master plan for land acquisition. Compensation and resettlement for people who have land being acquired. Clause 1 Clause 2... people, who have Land Using Certificate or have sufficient conditions to have Land Using Certificate shall be compensated for their acquired land.... the acquired land shall be compensated with the new land of the same using purpose, in case of lack of Phu Minh Investment and Construction J.S.C -28

31 - Haj Duong Province (Stage 2) Resettlement action plan resettlement land, the compensation shall be equal to the value of land use rights at the time of land acquisition. Clause 3 Provincial People's Committees and Cities directly under the central government prepare and implement the resettlement plans prior to the land acquisition to compensate with dwelling houses, land for recovered people. The resettlement areas planed for various projects in the same area and must be equal to or better. development conditions than the old ones. In case of lack of resettlement sites: In urban areas' DPs shall be compensated in cash and have the priority to buy or lease the state-owned houses; and in case of the value of the acquired residential land is higher than that of resettlement site in rural areas, DPs shall be compensated in cash for the differences. Clause 4 In case DPs whose productive land being acquired and there is no productive land for "land for land" compensation, apart from the cash compensation, DPs shall receive assistances for resettlement, training for new trades and employing in new trades. Clause 49,50 define the conditions for issuance of Land Using Right Certificate (LURC): (i) 'HH or individual who directly using the land for agriculture, forestry, aquaculture and salt production in the areas of socio-economic difficulties in the mountainous areas or islands and who have their residential registration and certification from their Commune People's Committee that they have been using the land stably and without disputes are being issued with LURC and do not have to pay for the land use. (ii) "HH or individual who had been stably using the land before October 15,1993 but without any legal paper and their Commune People's Committee certifies that their land is without disputes and apt to the approved local land use plan are being issued with LURC and do not have to pay for the land use" (iii) HH or individual who had been stably using the land from October 15,1993 to the effective date of this Law but without any legal paper and their Commune People's Committee certifies that their land is Phu Minh Investment and Construction J.S.C -29

32 - Hai Duong Province_ (Stage 2) Resettlement action plan without disputes and apt to the-approved local land use plan are being issued with LURC and do not have to pay for the land use".. Clause 56 Define the State controlled land price: (i) the land price verification by. the State should ensure some principles as follows: (ii) "close to the actual value of the transfer of the land use rights on the market and when there is large difference between the verified land price and the actual value on the market, the adjustment shall be carried out"; (ii) "GOV regulates the method of land price verification adjustment and dealing with differences of land prices at the border of the provinces and cities directly under the central Government"; (iii) Land price defined by the People's Committees of the Provinces and Cities directly under the central government is publicly announce on January Oi st every year..., The Decree No. 188/2004INB-CP, issued by GOV on November 16, 2004 on methodology for price verification and price framework of various types and categories ofland. This Decree set forth the minimum and maximum prices of different types and categories of land covering the whole country. These prices have been established for the purpose of the land acquisition by the Government, tax value for the transfer of the land use rights, leasing government land and national and public purpose. The Circular No. 114/20041TT-BTC dated on November 26, 2004 by the Ministry of Finance guiding the implementation of the Decree No. 188/2004INB-dated on November 16,2004 by the GOV. The Decree No. I97/2004INB-CP dated on December 03, 2004 by GOV on the compensation, assistance and resettlement in case of land acquisition by the State. The Decree No. 69/2009INB-CP dated on August 13,2009 by GOV regulating the supplementation of land use planning, land price, land acquisition, compensation, assistance and resettlement. Article 14"... people who have land being acquired shall be compensated with the land of the similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the Phu Minh Investment and Construction J.s.C -30

33 - Rai Duong Province (Stage 2) Resettlement action plan time of land acquisition s~all be applied. H'there is any difference in value, in case of compensation by new land or house, such differences shall be settled in cash". Article 24'...houses or structures of domestic use of the households or individuals shall be compensated with the value of construction of new house&, structures of similar technical standard...' Circular No. 116/2004/TT-BTC dated on December 07, 2004 by MOF guiding the implementation ofdecree No. 197/2004fND-CP. Circular No. 14/2009/TT-BTNMT dated on October 01, 2009 by MNRE guiding the implementation of Decree No. 69/2009fND-CP dated on August 13, of GOV. The Decree No. 17/2006/ND-CP dated on January 27, 2006 by GOV on revision and supplementation of some regulations in decrees guiding the implementation ofthe land Law.. The Decree No. 84/2007fND-CP dated on May 25, 2007 on revision of using LURC, land acquisition, implementation of land use right, procedures for compensation, resettlement when land acquired by the State and grievance redress. Decision of compensation unit price issued by Rai Duong Provincial People's Committee. Priority to ethnic groups The equal right of Ethnic Minority is stipulated clearly in Vietnamese Law. Article 5 in the Constitution of Vietnam (1992) states: The Socialist Republic of Vietnam is an unifying country which consists of various ethnic groups. The State applies the policy of unification, equality with the spirit of supporting all people, not separating and no racial discrimination. Each ethnic minority has the right to use its own language as well as lifestyle to preserve different characters and traditional customs. Vietnamese Government execute the comprehensive development policy to improve the physical and spiritual lifestyle among ethnic minorities in Vietnam. Phu Minh Investment and Construction J.8.C -31

34 - Hai Duong Province (Stage 2) Resettlement action plan World Bank Policies (WB) The legal framework governing the implementation of this RPF and the Inventories and RP are OD 4.30 in Involuntary Resettlement of the WB. Involuntary Resettlement (OD 4.30) The primary objective of the WB policy is to explore all alternatives to avoid or at least minimize involuntary resettlement. Where resettlement is unavoidable, the living standards of DPs should be restored or improved relative to those conditions. that prevailed prior to the project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, or access to them and the loss of income sources or other means of livelihood. According to OD 4.30 in involuntary resettlement, DPs shall be compensated and assisted in such a way as to warrant the improvement or at least the maintenance of pre-project living standard condition. Measures required to ensure that resettlement has a positive outcome include: Consulting with potential DPs on feasible measures for resettlement and rehabilitation; Providing DPs with options for resettlement and rehabilitation; Enabling their participation in planning and selecting these options; Providing compensation at full replacement cost for losses; Choosing relocation sites that at least guarantee the same benefits and services as the sites they replace; Providing allowances, training and income support to assist in making a smooth transition; Identity vulnerable groups and provide special assistance to them and; Phn Minh Investment and Construction J.S.C -32

35 - Hai Duong Province (Stage 2) Resettlement action plan Establishing an institutional and organizational structure that sup~orts this _prq~~ss~() a_successful end. The Eligibility Criteria and Compensation defines that DPs eligible for such compensation as follows: (a) people have formal legal rights to land or other assets, (b) people who do not have the fonnal legal rights to the land or other assets but is having a claim to legal rights based on the related laws of the country upon the possession of some documents such as land tax receipts and residence certificate; upon the permission of local authorities to occupy or use the project affected plot, and (c) people have no recognizable legal right or claim to the land they are occupying. DPs whose houses are in part or in total affected (temporarily or permanently) by the project and whose residential land or productive land are in part or in total affected (temporarily or permanently) by the project are provided compensation for the land they lose as well as other assistance as necessary to achieve the objectives set out in this policy, ifthey occupy the project are prior to the cut-off-date defined in this RP. DPs whose business are in part or in total affected (temporarily or permanently) by the project are provided resettlement assistance and other supports as necessary to achieve the objectives set out in this policy, if they occupy the project are prior to the cut-off-date defined in this RP. Persons who encroach on the areas after the cut-off-date defined in this RO are not entitled to compensation or any other form of resettlement assistance. The methodology to be used in the valuation oflosses for this project based on their replacement cost. In this project, losses include land, structures and other assets. Replacement cost for land includes the value of land at market price plus the cost taxes and fees to get LURe. For houses and other structures, the market cost of the materials shall be used to calculate the replacement cost to build a replacement structure with an area and the quality should be at least as good as those affect. For both totally and partially affected structures, compensation includes market cost of material, plus the costs of materials transport, labor and contractor fees, and registration and transfer taxes. Depreciation of the assets and amount saved in materials will not form a part of replacement cost. Phu Minh Investment and Construction J.S.C -33

36 - Rai Duong Province (Stage 2) Resettlement action pl~n Comparison of GOV and WB approaches. There are many way~j!ljvhich the approaches of the Vietnamese Government - in either policy or practice are compatible with WB guidelines. The most important compatibilities are: Vietnam has a process whereby most people without legal land rights may meet the conditions of legalization and receive compensation for losses. Permanent residents are provided with options that include relocation to' an improved site, or cash, or a combination of both. Resettlement sites offer not only better-improved infrastructure and services but represent a higher standard of living. Allowances are provided to help DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation and can appeal. The differences between the approaches and measures that need to be addressed within this program. However, in this context, procedures exist within national and city government that allow the granting of wavers of some domestic law on specific project that may be conflict with that of the funding agency. On the issue of land tenure and the legal right to be compensated, the Government and WB approaches are compatible. The Government has its own process in place whereby land occupied without legal documentation can be legalized. This land, however, is compensated for at a rate equal to 100% of land price minus the taxes and fee for land right registration from October 15 th, 1993 ( Clause 49,50 of Article 42 in the Land Law in 2003). Compensation at replacement cost is ensured in the Article 14 of Decree No /ND-CP dated on August 13, 2009 that:'...people who have land being acquired shall be compensated with the land of the similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisition shall be applied. Ifthere is any difference in value, in case of compensation by new land or house, such differences shall be settled in cash'; Article 24 of this Decree also mentions that '... houses or structures of domestic use of the households or individuals shall be compensated Phu Minh Investment and Construction J.S.C -34

37 - Rai Duoug Province (Stage 2) Resettlement action plan with the value of construction of new houses, structures of similar technical standard...' Required waivers (i) Eligibility ofcompensation and! or assistance - Decree No. 197 and Decree No. 69 Article 7 of the Decree No. 197 (Cases where land is acquired without compensation) stipulates that any people whose land is acquired and do not meet one of the conditions stated in the Article 8 of this Decree, or who illegally occupies land shall not receive compensation when the State recovers the land. In case of necessity, the Provincial People's Committee shall consider and make a decision for each specific case. Articles 18,20 ofthe Decree No. 197 stipulates that: Houses or other structures on no-eligible-for-compensation land, which have not violated announced land use plans or the right of way, shall be assisted at maximum of 80% of replacement based on regulation mentioned in Article 19 ofthis Decree. Houses or other structures on no-eligible-for-compensation land but at the time of constructing violated announced land use plans or the right of way will not be assisted. the Provincial People's Committee shall consider and make a decision for each specific case. Article 20 of the Decree No. 69, DPs losing from 30% to 70% agricultural land will be entitled to living stabilization in 6 months if no movement to other place is required and in 12 months if movement to other place is required. To ensure that the objectives of this resettlement policy are met, a special decision of GOV is waiving Articles 7,18, 20 of the Decree No. 197 and article 20 of the Decree No. 69 is necessary to allow assistance and rehabilitation measures for illegal users of land as proposed in this policy.. (it) Land price for compensation calculation Phu Minh Investment and Construction J.S.C.

38 - Hai Duong Province (Stage 2) Resettlement action plan According to Vietnamese regulation, calculation the unit price for land compensation will be based on GOV Decree No. U~8/2004IND-CP, 197/2004IND-CP, /ND-CP with some guiding circulars such as Circular No. 114/20041TT-BTC; Circular No TT-BTC and Circular No. 14/2009/TT-BTNMT dated on October 01,2009 respectively. Decree No. 197/2004/ND-CP dated on December 03, 2004 Article 7 This article states that MOF is responsible for establishing a new land price framework to submit to the Government for adjustment when prevailing price of transfer of land use rights in the market if all types/ categories of land listed in the land price framework continuously (more than 60 days in provinces and cities) that causes large differences in land prices (increasing about;;:::: 30% compared to the maximum price and decreasing about;;:::: 30% so compared to minimum price attached in this Decree). Article 9 This article states that land price for compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in line with the Government regulation (in the GOV's range of minimum and maximum prices). Decree No. 188/2004IND-CP dated on November 16, 2004 This Decree mentions the method to define the land price and at the same time, set forth a new land price framework (minimum and maximum prices for various types ofland) on the whole of the country. Article 2 This Article states that the land price shall be defined by the Provincial People's Committee and! or Cities directly under the central government. Phu Minh Investment and Construction J.S.C -36

39 , Subproject: Rural middle voltage power network - Hai Duong Province (Stage 2) Resettlement action plan To ensure that the objectives of the resettlement policy are met, unit price for land compensation established by Project Provincial/Cjty~, pe()ple's Committee will be adjusted to meet the replacement costs. The compensation unit prices established by the provincial! district CRCs, provincial DOFs and DOCs and approved by the provincial People's Committee may be adjusted to meet the replacement costs by the time of compensation to ensure the objectives of this RP policy are met. (iii) Assistance policy for DPs who rent houses from the Government Decree No. 197/2004IND-CP dated on December 03,2004 Article 21 This article states that DPs who rent government houses and has to be relocated by self-relocation shall be assisted in cash at rate to 60% ofthe cost of the currently rented house and 60% of the cost of the land value, in cases of no resettlement houses arranged for them. (iv) Assistance policy for resettlement Decree No. 69/2009IND-CP dated on August 13, 2009 Article 20 This article states that DPs who directly do the agricultural production having agricultural land being acquired from 30% up to 70% shall receive rehabilitation assistance (cash value of 30kg of average rice in the location per head) for 6 months (if relocation is not required), 12 months (if location is required) and 24 months (if moving to the areas of specially difficult socioeconomic conditions). '(v) GOV commitments. To ensure that the objectives of the policy are met, the Prime Ministers and Chairmen of the project related provinces in approving! adopting (prior to project appraisal) the policies and objective set forth in this RPF will grant the waivers to the Articles No.7, 8, 18, 21 and 29 of the Decree No. 197/2004/ND-CP; Articles 14 and 24 of the Decree No. 69/2009/ND-CP and Phu Minh Investment and Construction J.S.C -37

40 Subproject: Rural middle voltage power uetwork - Hai Duong Province (Stage 2) Resettlement action plan Article 2 of the Decree No. 188/2004/Nf)-CP, as well as other laws or regulations which contradict to this Project Resettlement Policy. The waivers will be approved by GOV in the Decision of project investment before negotiation. The Project Provincial People's Committees will issue the official letter for their agreement in implementing the policies set forth in RP. 2.3 Definition of Eligibility and Limitation to Eligibility DPs are all individuals, firms or institutions with or without land registration papers that owned, rented or used land, properties and business, which are affected by the project. All DPs shall be entitled to full compensation for their respective losses as long as they are included in the RP inventory list or can prove that they own the affected items before the cut-off date. The same regulation applied to DPs whose incomes are affected by the project. 2.4 Resettlement and compensation policies The principles set out in the WB's OP 4.12 have been adopted in preparing this.rpf. In this regard, the following principles and objectives would be applied: (a) (b) (c) Acquisition of land and other assets as well as resettlement of people will be minimized as much as possible. All DPs' residing, working, doing business or cultivating land in right of way ROW of the transmission line TIL, surrounding areas of tower foundations, the substation areas, in the service roads under the projects as of date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack oflegal rights to the assets lost should not bar DPs from entitlement to such rehabilitation measures. The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction or depreciation or salvage materials for houses and other structures; (ii) agricultural land for land of equal productive capacity acceptable to the DP or in cash at replacement cost according to DPs' choice; (iii) residential land for land with the same areas acceptable to DPs or in cash at replacement cost according to DPs' choice; (iv) transfer and subsistence allowances. Phu Minh Investment and Construction J.S.C -38

41 - Rai Duong Province (Stage 2) Resettlement action plan (d) (e) (f) (g) (h) (i) Replacement sites of residential and agricultural land will be as nearby as possible to the land that was lost and acceptable to DPs.. The resettlement transition period will be minimized and the rehabilitation means will be provided to the DPs' prior to the expected start-up date ofwork in the respective project site. Plans for land acquisition and other assets as well as provision. of rehabilitation measures will be carried out in consultant with the DPs to ensure minimal disturbance. Entitlement will be provided by DPs prior to expected start-up date of work at the respective project site.. The pre-project level of community services and resources will be maintained or improved. Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required. Institutional arrangements will ensure defective and timely design, planning, consultation and implementation of RP. U) Effective and timely supervision, monitoring and evaluation of the implementingrp will be carried out. 2.5 Eligibility to compensation entitlement The DPs eligible for compensation will include: (a) (b) (c) Those that have formal legal rights to land or other assets, Those who initially do not have formal legal rights to land or other assets but have a claim to legal right based on the laws, upon the possession of documents such as land tax receipts and residence certificates or upon the permission of local authorities to occupy or use the project affected plots, and Those who have no recognizable legal right or claim to the land they are occupying - if they occupy area prior to the cut-off date defined in the RP. DPs are identified by the baseline information collected for RP: Phu Minh Investment and Construction J.S.C -39

42 - Rai Duong Province (Stage 2) Resettlement action plan (a) (b) (c) (d) - People whose houses are In part or in total affected (temporarily or permanently) by the project; People whose residential! agricultural land is in part or in total affected (temporarily or permanently) by the project; People whose crops (annual and perennial) and trees are affected partially or totally by the project; People whose business are In part or In total affected (temporarily or permanently) by the project. 2.6 Compensation policies Compensation for crops will be provided at the market price. Compensation for.land, houses, buildings, trees and other assets will be provided at the replacement cost. Compensation for lost land: Compensation for productive land losses (less than 20% of total land DPs' landholding) will be provided at the replacement cost for the equivalent areas and all other losses will be provided in cash. Compensation for productive land losses (more than 20% of total land DPs' landholding): (i) will be provided land for land at the equivalent area and quality of land acquired (ii) in cash at replacement cost based on the choice ofdps. Compensation for land, houses, structures or trees will be provided in cash at the replacement cost. Compensation for crops will be provided in cash at the current market rates calculated on the productive average of the last three years (based on the Circular No. 145 ofmof). Compensation price in this RP are tariffs established by Hai Duong Provincial DOF based on the Decree No. 188/2004/ND-CP, the Circular No /Nf)-CP of MOF and approved by Hai Duong People's Committee. Phu Minh Investment and Construction J.S.C -40

43 - Rai Duong Province (Stage 2) Resettlemeut action plan Since the time from RP preparation to the time of project implementation may be long, at the implementation time, such price may not correspond to market or replacement rates. Therefore, all applied prices will be checked again at the beginning of RP implementation and adjusted if necessary. The detailed measurement survey -DMS will be also carried out by Resettlement Committees at the beginning of the project implementation. The evaluation of unit prices at the implementation time, will be done by independent monitoring agency, provincial DOF. This activity will later be required in TOR for Independent Monitoring. Phu Minh Investment and Construction J.S.C -41

44 Hai Duong Province (Stage 2) Resettlement action plan CHAPTER 3: ENTITLEMENT POLICY Impact categories By the nature ofproject impacts as described above based on the survey of the DPs, the impacted categories could be classified as follows: Temporary impacts within ROW All DPS who have productive land, crops, tress, or structures in the ROW of TIL, surrounding areas of pole foundations, in the temporary service roads, which are temporarily affected only during the construction period. Category 1: DPs who have trees, crops and other assets In ROW which are damaged by the project during the construction period due to construction of temporary access roads ofconstruction stringing. Category 2: DPs who have residential, garden, productive land in ROW which are temporarily acquired during project construction period Permanent impacts. All DPs who owned lands and properties on it, which will be permanently acquired. for the pole foundations, the substation areas, the permanent access roads for construction and maintenance for the project. All DPs who have houses, other structures or high trees in ROW, which need to be removed, demolished or cut. Category 3: All DPs have houses/ buildings and trees/ fruits trees in ROW. They have temporary impact on residential and garden land. Partial house/ building within ROW (area in ROW less than 20% of total land) and demolished areas do not impact to the remaining house/ building. Residential and garden land outside of ROW is sufficient for reorganizing (not less than 60m2 in urban area and 100m2 in rural area). Category 4: All DPs have houses/ buildings and trees/ fruit trees in ROW. They have temporary impact on residential and garden land more than 20% or less than 20% but the demolished areas will impact to the remaining of houses/ structure. The building shall be re-organized (not less than 60m2). Category 5: All DPs have houses/ buildings and trees/ fruit trees in ROW. They have temporary impact on residential and garden land in ROW. Full or Phu Minh Investment and Construction J.S.C -42

45 - Hai Duong Province (Stage 2) Rese:ttlement action plan partial house! building within ROW impacted and land outside of it is nolsufficient for re-organizing (not less than 60m2 in urban areas and 100m2 in the rural areas). Category 6: Dps have residential! productive land being acquired permanently by the project including permanent access road for construction and maintenance. (a) (b) (c) Acquired productive land> 20% ofdps' total landholdings. Acquired productive land < 20% ofdps' total landholdings. Remaining residential! garden land < 60m 2 (d) Remaining residential! garden land 260m 2. Category 7: Temporary or permanent impacts on DPs' business or other services,category 8: Temporary or permanent impacts on public works such as schools, water supply system, sewage systems, roads... Category 9: Long time impacts to leased houses 3.2 Entitlement 'Eligibility and Limitation to Eligibility DPs are all individuals, firms or institutions with or without land registration papers that owned, rented, or used land, properties and business, which are affected by the project.,all DPs will be entitled to full compensation for their respective losses as long as they are included in the RP inventory list or can prove that they owned the affected items before the cur-off date. The same applies to DPs whose incomes are affected by the project. The SUb-project surveys have been carried out; the subproject issues have been,communicated to the people in the project related localities along with community participation; and TIL routes have been approved by the local authorities. It is agreed between the local authorities and the HDPC that the cut-off date shall be 15 th Phu Minh Investment and Construction J.S.C -43

46 - Rai Duong Province (Stage 2) Resettlement action plan_ September The cut - off date is officially declared by the competent local authorities. Encroachers who settled into the proposed affected area after the cut-off-date will have no entitlement to compensation and resettlement. They will be required to demolish their structure and cut the trees or harvest their crops for land clearance to the proj ect. In case necessary, they will be forced to be removed out th~ proposed project area. Nevertheless, they do not have to pay any fine or sanction. The cut-off date and the provision of no compensation for encroachers' has been clearly declared in the community meetings and printed in the pamphlets Eligibility to compensation entitlement The DPs eligible for compensation will include: (a) Those that have formal legal rights to land or other assets,. (b) Those who initially do not have formal legal rights to land or other assets but have a claim to legal right based on the laws, upon the possession of documents such as land tax receipts and residence certificates or upon the permission of local authorities to occupy or use the project affected plots, and (c) Those who have no recognizable legal right or claim to the land they are occupying - if they occupy area prior to the cut-off date defined in the RP. DPs are identified by the baseline information collected for RP: (d) (e) (f) (g) People whose houses are in part or in total affected (temporarily or permanently) by the project; People whose residential! agricultural land IS in part or in. total affected (temporarily or permanently) by the project; People whose crops (annual and perennial) and trees are affected partially or totally by the project; People whose business are in part or in total affected (temporarily or permanently) by the project. Phu Minh Investment and Construction J.S.C -44

47 Rai Duong Province (Stage 2) Compensation and resettlement principles Resettlement action plan The principles set out in the WB's OP 4.12 have been adopted in preparing this RPF. In this regard, the following principles and objectives would be applied: (a) Acquisition of land and other assets as well as resettlement of people will be minimized as much as possible. (b) All DPs' residing, working, doing business or cultivating land in right of way ROW of the transmission line TIL, surrounding areas of tower foundations, the substation areas, in the service roads under the projects as of date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack oflegal rights to the assets lost should not bar DPs (rom entitlement to such rehabilitation measures. (c) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction or depreciation or salvage materials for houses and other structures; (ii) agricultural land for land of equal productive capacity acceptable to the DP or in cash at replacement cost according to DPs' choice; (iii) residential land for land with the same areas acceptable to DPs or in cash at replacement cost according to DPs' choice; (iv) transfer and subsistence allowances. (d) Replacement sites of residential and agricultural land will be as nearby as possible to the land that was lost and acceptable to DPs.. (e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DPs' prior to the expected start-up date of work in the respective project site. (f) Plans for land acquisition and other assets as well as provision of rehabilitation measures will be carried out in consultant with the DPs to ensure minimal disturbance. Entitlement will be provided by DPs prior to expected start-up date ofwork at the respective project site. (g) The pre-project level of community services and resources will be maintained or improved. Phu Minh Investment and Construction J.S.C -45

48 - Rai Duong Province (Stage 2) Resettlement action plan (h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when requir~d. (0 Institutional arrangements will ensure defective and timely design, planning, consultation and implementation ofrp. 0) Effective and timely supervision, monitoring and evaluation of the implementing RP will be carried out Compensation policy Compensation for crops will be provided at the market price. Compensation for land, houses, buildings, trees and other assets will be provided at the replacement. cost. Compensation for lost land: Compensation for productive land losses (less than 20% of total land DPs' landholding) will be provided at the replacement cost for the equivalent areas and all other losses will be provided in cash. Compensation for productive land losses (more than 20% of total land DPs' landholding): (i) will be provided land for land at the equivalent area and quality ofland acquired (ii) in cash at replacement cost based on the choice ofdps.. Compensation for land, houses, structures or trees will be provided in cash at the replacement cost Compensation for crops will be provided in cash at the current market rates calculated on the productive average of the last three years (based on the Circular No. 145 ofmof). Compensation price in this RP are tariffs established by Hai Duong.Proviticial DOF based on the Decree No. 188/20041ND-CP, the Circular No ND-CP of MOF and approved by Hai Duong People's Committee. Since the time from RP preparation to the time of project implementation may be long, at the implementation time, such price may not correspond to market or replacement rates. Therefore, all applied prices will be checked again at the beginning of RP implementation and adjusted if necessary. The detailed Phu Minh Investment and Construction J.S.C -46

49 - Hai Duong Province (Stage 2) Resettlemeut actiou plan.. measurement survey -DMS will be also carried out by Resettlement Committees at the beginning of the project implementation. The evaluation of unit ~prices at the implementation time will be done by independent monitoring agency, provincial DOF. This activity will later be required in TOR for Independent Monitoring Compensation entitlement by categories Category Entitlements - Cash compensation for affected fruit trees and perennial trees at 1 replacement cost. - No compensation for land - Rehabilitate land after the project construction. - Cash compensation for affected fruit trees and. perennial trees at 2 i replacement cost. - No compensation for land - Rehabilitate land after the project construction. Houses! buildings.3 - DPs can choose:i) Remain their houses and buildings in ROW based on the conditions regulated in Article 8 in GOV's Decree No. 106/2005/Nf)-CP issued on 17/8/2005 stipulating in details and guiding some articles in Power Law on protection ofthe high voltage network. Subsidy allowance for fireproof materials and lightning arrestors for existing housesl buildings; ii) cash compensation for directly affected area at the replacement cost and cost for demolishing if necessary. - No compensation for land. - Rehabilitate land after the project construction. Perennial and fruit trees - Cash compensation for affected fruit trees and perennial trees at replacement cost. Allowances - Relocating allowance of 30kg ofrice equivalent per person per month in six months. - DPs can choose: 4 i) Remain their houses and buildings in ROW based on the conditions regulated in Article 6 in GOV's Decree No.1 06/2005/ND-CP issued on 17/8/2005 stipulating in details and guiding some articles in Power Law on protection ofthe high voltage network. Subsidy allowance for fireproof materials and lightning arrestors for existing housesl buildings; or ii) cash compensation at the replacement cost for full areas of impacted house and building as well as other assets (not only the affected part). Phu Minh Investment and Construction J.S.C -47

50 - Rai Duong Province (Stage 2) Resettlement action plan I Impacted land will be defined by local authorities; or iii) "land for land" with the same area which DPs occupied and cash at replacement cost for the affected assets associated with land. Impacted land will be defined by local authorities. - Compensation for affected trees and perennial trees at the replacement cost.. Allowances: - Relocating allowance of 30kg of rice equivalent per person per month in six months. - Transportation allowance for relocating DP based on the Decree No. 197/2004/ND-CP and the Decree No. 69/2009/ND-CP on compensation. - Rehabilitation assistance if DPs permanently losing their business or more than 20% of their income. For DPs losing productive land: 5 a. Land loss less than 20% oftheir total land holdings. - Cash compensation for the lost area if the remaining plot is still sufficient for production. - Cash compensation for the whole impacted plot if the remaining area is not sufficient for production. - Cash compensation for properties related to the land. b. Land loss equal or more than 20% of their total land holdings. DPs can choose: i) "land for land" with the same area and productive of impacted area if the remaining plots are still economic viable and for the whole impacted plots if the remaining plot are not economic viable. ii) Cash for land with the replacement cost. - Cash compensation for affected fruit trees and perennial trees at replacement cost. - Rehabilitation assistance. For DPs losing residential and garden land: - If the remaining land is sufficient for re-organizing (not less than 60m2); Cash compensation for lost area and assets associated with the land. - Ifthe remaining land is not sufficient for re-organizing ; DPs can choose: i) cash compensation at replacement cost for land and assets on land ii) "land for land" compensation for the whole residential area which DPs occupied (not only for the impacted area) and properties on land. For affected house and building, the same entitlement to DPs of categories 3 and 4 or 5. For DPs doing business or other services: Phu Minh Investment and Construction J.S.C -48 I

51 - HaiDuong Province (Stage 2) Resettlement action plan 6 (a) Temporary impact on business or other services. - Compensation for income lost in affected time. (b) Permanent impact on business or other services. (c) Rehabilitation assistance. For public work: 8 All public works shall be rehabilitated and community does not have to pay the fee for it. Temporary impacts - Alternative measures are applied to maintain the normal functions of public works. (such as roads, water supply, drainage system, telephone lines...) - Being rehabilitated after project construction. - All expense on alternative measures to maintain the normal functions ofpublic works shall be born by the contractor. Permanent impacts - Alternative measures are applied to maintain the normal functions of public works. (such as roads, water supply, drainage system, telephone lines...). - All expense on alternative measures to maintain the normal functions of public works shall be born by the contractor. 9 All tenants who lease a house will be provided with a cash amount of six months fee at the prevailing market rate in the area Allowances and assistance Transportation allowance Article 17 of Decree No. 69/2009INB-CP; Decision No. 40/QD-UB by Hai Duong Provincial People's Committee on compensation, assistance and resettlement when the State acquires the land, all relocating DPs are entitled in one time as follows: DPs relocating within the city/ province: maximum is VNDlhousehold DPs relocating out of the city/ province: maximum is VNDlhousehold Relocating DPs shall be provided with temporary residence or renting cost while waiting for the establishment ofnew resettlement. Relocation subsidy Phu Minh Investment and Construction J.S.C -49

52 - Hai Duong Province (Stage 2) Resettlement action plan Article 201a of the Decree No. 197/20041ND - CP: All DPs relocated are entitled in onetime: DPs do not have to relocate cash compensation (equivalent to 30 kg rice/month x 6 months) for 1 personlhousehold. DPs relocating within the province cash compensation (equivalent to 30 kg rice/month x 12 months) for 1 personlhousehold. DPs have to relocate to a severe socio-economic difficulties cash compensation (equivalent to 30 kg rice/month x 24 months) for 1 personlhousehold. Restoration allowance Article 29 2 of Decree No. 197/2004IND-CP: DPs who have more than 20% ofproductive land or income permanently affected are entitled to be trained VND/per household 3 1 Article 20 of the Decree No. 69/2004IND-CP defines that this subsidy is applicable to DPs who lost more than 30% of their agricultural land only. However, in line with this RP Policy Framework, this kind of subsidy is applicable to all DPs who required to be. relocated. 2 Article 29 of the Decree No. 197/20041ND-CP defines that DPs who lost more than 30% of their agricultural land will be assisted for changes of occupation for people in working age (level of assistance will be decided by the provincial People's Committee). However, in line with this RP Policy Framework, applied level of assistance shall be in conformation with on-going RD in Vietnam. 3 The amount of 700,000 VND (VND/main labor is delivered directly to training or technical assistance institutions/ consultants and 800,000 VND for trainees as a subsidy allowance in training time (total is 1,500,000 VND/trainee. For the sake of cost estimates, each household is estimated at having 2 main labors. Phu Minh Investment and Construction J.s.C -50

53 - Hai Duong Province (Stage 2) Resettlement action plan Other restoration to_ be decided by' the Provincial People's Committee with the financial resource from the person who is going to use the acquired land. DPs. See appendix 3 - Matrix of entitlement and Appendix 10 - Entitlement in details for Voluntary donation. Results from the socio-economic surveys and community meetings show that Rural Distribution Project -RD in Rai Duong province (Stage 1) were warmly welcomed by community. There are many DPs who would be marginally affected on their residentiav productive land and other assets would like to contribute their affected crops, trees, fences land and other assets to the project in lieu of cash contribution.. The procedures for determining and documenting the voluntary nature of the contribution are as follows: Step 1: Local authority shall inform clearly to all DPs about this project resettlement policy and the actual entitlement to compensation..step 2: Volunteers DPs sign in the DMS and entitlement forms for the affected assets and assets which they voluntarily contribute for the project and these form will be filed in Step 3: About 20% of DPs households will be checked by independent external monitoring agency at the initial time of RP implementation and reports of independent external monitors on this matter will be submitted to IDA for its review and concurrence. Phu Minh Investment and Construction J.S.C -51

54 - Hai Duong Province (Stage 2) Resettlement action plan CHAPTER 4: MITIGATION MEASURES 4.1 Mitigation measures Thanks to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation -with. various local authorities and related. offices, the project impacts are almost marginal. There are no DPs with their flxed assets being acquired more than 10% of their total holdings, therefore, no DPs required to be relocated and the development of resettlement site is not required. All individuals, households or institutions who are impacted temporarily or permanently by the project are owners ofland and properties, land and house renters in TOW of TIL, in proposed areas for tower foundations and temporary service roads. 4.2 Measures to minimize land acquisition and losses Consultation and participation During the project preparation, Phu Minh J.S.C has conducted in details the surveys on the project impact. The survey teams have also conducted discussions and consultation with local authorities and people on possible impacts caused by project, especially the alignment of TIL routes and location of substation with the least. impact option. The proposed layout of substation construction is also discussed once more in the RP community meetings. The draft layout of routes and substation have been sent to relevant agencies such as provincial/ district! commune People's Committee, Dept of Natural Resource and. Environment as well as provinciav district! commune cadastral services... for review and comment. The valuable feedback of local authority and DPs. were taken into account for design Impact limitation measures in design stage Phu Minh Investment and Construction J.S.C -52

55 - Hai Duong Province (Stage 2) Resettlement action plan The mitigation measures for project impacts should be paid attention during the desigilg(lgel~special1y for line route selection and substation location. A well selected route and substation site would reduce much ofproject cost and impacts on the local people and environment Impact mitigation measures in construction stage During the detail technical design, HDPC and Phu Minh I.S.C will reinvestigate the route and make certain modification ifnecessary to get an optimal result. Suitable measures and optimum arrangements for the project construction are considered such as: construction should be carried out right after the harvest of crops and terminated before the next sowing. To get such target, suitable workforces with 'working shifts should be scheduled to shorten the temporary affected period. The construction camp for workers shall be located on the public areas near the headquarters of communes. The camps shall not be built in populated areas. 4.3 Result of mitigation measures Impacts on land - Permanent impact on residential land No No,- Temporary impact on residential land No - Permanent impact on productive land - Temporary impact on productive land 1,175 68,131.7 % of total land holdings No 0.52% 30.25% Impacts on houses and structures,- Total affected housesl structures No - Partial affected housesl structures No Other impacts - Impact on business No, - Impact on preserving or sensitive areas No - Impact on people renting houses No - Impacts on ethnic minorities ohh - 0 person Phu Minh Investment and Construction J.S.C -53

56 - Rai Duong Province (Stage 2) Resettlement action plan DPs HHs DPs - Total DP with more than 20% of affected residential land No No - Total DP with more than 20% of affected productive land No No - DPs have to be relocated No No DP can choose for cash compensation for their certain affected assets at the replacement cost.. Thanks to mitigation measures through public consultation from the initial stage and design stage of the project, the socio-economic surveys show that there are no DPs whose fixed assets being acquired more than 10% of their total holdings and not required to be relocated, therefore, development of resettlement site is not required. Phu Minh Investment and Construction J.S.C -54

57 - Hai Duong Province (Stage 2) Resettlement action plan CHAPTER 5: PUBLIC CONSULTATION 5.1 Community meetings In the community meetings, DPs' queries RP related issues on compensation or entitlement were explained by HDPC's representatives, and DPs' options, including voluntary donation of their marginal impacts on trees, crops... of insignificant values were recorded.. Some opinions ofdps in the project site: The extension of the power supply networks are welcomed by all citizens, particularly people who have not yet enjoyed the power supply and who are having the power supply but with too low service quality.. DPs hope to be compensated at replacement cost for their assets losses and market price for their temporarily affected crops. DPs would like to be informed of the actual project implementation schedule well in advance to prepare them for the ground clearance.. There are two phases of the public information campaign and DPs consultation. 5.2 Phase 1: Information campaign, DPs and agency consultation during resettlement planning and RP preparation A meeting between HDPC and Phu Minh J.S.C and related provincial! district People's Committees was held. The relative issues was discussed: agreement on choosing project participation districts, project financial sources and even the compensation cost. Representatives of Phu Minh J.S.C has presented the baseline data and policies of RP to these provincial committees and their comments and suggestions. Phu Minh J.S.C has sent the Entitlement matrix to related district and commune authorities in September, for review and comment. HDPC and PhuMinh J.S.C have requested the provincial district committees and related agencies to review carefully for the requirement on waivers, eligibility to compensation, proposed entitlement policy, RP cost, taskforce, mechanism for complaint and applied unit Phu Minh Investment and Construction J.8.C -55

58 -llai Duong Province (Stage 2) Resettlement action plan costs in the draft of RP. Opinions and comments from related provincial People's Committees shall be submitted to EVN in October, 20 IO. The draft of RP has also been disclosed at the office of Hai Duong Provincial People's Committee and Vietnam Development and Information Center of WB in Hanoi. 5.3 Phase 2: Information campaign and consultation during compensation,and resettlement implementation. The implementation of RP and rehabilitation activities include: implementing resettlement policies, entitlement calculation, and payment of compensation to DPs, finalize relocation plan, the way to compensate and train... for DPs. 'During this phase, the following activities are carried out step by step: Activity 1: Organizing ere, disclosing the information and training staves for ere The first resettlement activity is the Provincial People's Committees will organize the provincial! district CRC. HDPC will supply to CRCs the copy of approved RP, train staves for CRCs on content and procedure to implement RP. Activitv 2: Distributing DMS and forms ofentitlement to DPs. CRC will implement DMS and disclose the DMS entitlement forms to DPs. The list,of DPs, affected assets and their entitlements will be sent to the head office of the commune. This activity is scheduled to execute in November, 20 IO. CRC will calculate the entitlements and disclose the entitlement compensation forms. to DPs. The entitlement compensation forms will be sent to the head office of the commune. This activity is scheduled to execute in the first quarter of Each time after disclosing RIB and entitlement compensation forms to all DPs, the DRes and communes' authorities will hold a meeting again at each commune in order to clearly explain the policy of RP to all DPs. During this meeting, DPs can make requests on any resettlement issues. Activity 3: Meeting with DPs about compensation payments Pbu Minb Investment and Construction J.S.C -56

59 - Rai Duong Province (Stage 2) Resettlement action plan w:ijl After having the database of affected assets of the project, CRC and c~j.11il!l!ile hold a meeting with DPs to introduce the compensation unit price for each kind of affected assets. The compensation unit price table will be sent to the head office of each commune. At the meeting, all DPs can comment on the released compensation unit price, the feedback information of the compensation unit price will be taken care and considered carefully. DPs who agree with the compensation unit price for their affected assets will sign to the compensation forms. The dis-agreement opinions will be recorded and submitted to the relevant authorities. At the later meeting, DPs will be informed the time, place and modes of compensation payments for affected assets. The meeting may be held in February, Activity 4: Information to the local authorities on implementation schedule. HDPC will inform to local authorities and DPs about construction schedule and. procedure as well as the schedule ofrp implementation. Commune local authorities and district CRCs should coordinate closely together to ensure that all DPs are fully informed about compensation and project! RP implementation schedule.. Community meetings were held in 20 communes in project sites. No Title Time Participants Content 1 Inform staves of 10/2010 HDPC, Phu - Inform staves of Commune People's Minh J.S.C and Commune People's Committee about staves from 20 Committee about project. project communes - Come to an agreement on power routes and impacted areas. - Calculate the number of HHs 2 Inform DPs of project staves from 20 - In form DPs ofproject. communes and - Distribute pamphlet on Dps project to each hamlet, village... Phu Minh Investment and Construction J.S.C -57

60 SubprQject: Rural middle vqltage PQwer netwqrk - Hai DUQng Province (Stage 2) Resettlement actiqn plan CHAPTER 6: BASELINE INFORMATION 6.1 Data gathering activities The census and inventory work of project impacts were carried out from September to November, 2010 by Phu Minh J.S.C and under assistance of the related local authorities. The inventory work includes: Census of all DPs Survey for DPs who have houses in the proposed location. Survey for DPs who have trees impacted in the proposed locations and ROWe based on the Decree No. 106/20051ND-CP and Decree No ND-CP) Survey for impacted public infrastructures, properties... Survey for permanently acquired land for pole foundations. Survey for temporarily acquired land Survey for other impacted assets 6.2. Socio-economic survey Hai Duong province is located ill the Northern Delta, being bounded by 6 neighboring provinces and cities namely: Bac Ninh, Bac Giang, Quang Ninh, Hai Phong, Thai Binh and Hung Yen. The traffic systems of road, railway station as well as waterway are allocated appropriately; Some important national arterial traffics as Highway No.5, No. 18, and No. 183 going through the province create a good condition to exchange with neighboring areas. Hai Duong City is a center of Hai Duong province. Hai Duong City is located on Highway No.5. It is 70km far from Hai Phong to the East, 57km far from Hanoi to the west and 80km far from Ha Long. There are 20km of Highway 18 in the North of the province. It connects Noibai International Airport to Cai Lan port of Quang Ninh province. Railway Hanoi - Hai Phong is regarded as connecting line between Hanoi City and Northern Province to seaport. Hai Duong economy phase develops fast, reaching growth rate more than average growth rate of the whole country (province's GDP increases 9.7%/year averagely while that number of the country is 6.9%). Economic size is rising ceaselessly, 2.19 times in 2010 compared with Investment, export and receiving budget keep stable and raise up. Capital invested to develop reaches 70,676 billion VND in 5 years, increasing 24.7% per year, quantities of goods exported increase 49% per year, receiving national budget increases 15% per year. Economic Phu Minh Investment and CQnstructiQn J.S.C -58

61 - Hai Duong Province (Stage 2) Resettlement action plan structure: _Agriculture, for~stry, aquatic product - industry, construction and service continuously move with the orientation of reducing agriculture, speeding up industry and service from 27.1%-43.6%-29.3% (2005) to 24.0%-44.5%-31.5% (2010). Agriculture develops rather stably. Production value increases 2.1% per year. Industry continues to grow with production value of 12.9% per year. Service expands with various types and production value is 14.8% per year Climate Rai Duong province is located in monsoon and tropical climate, which divided into four private seasons (spring, summer, autumn and winter). Average annual rainfall is from mm. Average temperature is 23,30C; Number of hours in a year is hours. Average relative humidity is from 85 87%. Weather is good for agricultural production including food-tree, fruit-tree especially vegetable harvest in winter season Industry and small industry Industry, small industry production IS development rate is 16.1%. fast developing. Every year average Population Land According to the data of 2006 year, there are 1,722,394 people with living density is 1,043 people per one square kilometer in Rai Duong province. In which: rural people account for 86%. Anticipation of 2010 year, there are 1,830 million people with 1.2 million employees. Administratively, Rai Duong province has 11 districts and Rai Duong City. Natural area of Rai Duong province is 1,662 square of kilometer, divided into 2 regions: mountain and delta. Mountain region located in the Northern province which hold 11 % of natural area including 13 communes of Chi Linh district and 18 communes of Kinh Mon district. It is low mountain region, so it good for fruit-tree,. timber and short~day industrial crops. Delta region hold 89% of natural area. This region is raised by Thai Binh river silt. It is good for many kinds of trees and produces many crops in a year. Phu Minh Investment and Construction J.S.C -59

62 - Hai Duong Province (Stage 2) Resettlement action plan Culture and education.. Hai Duong ha newly built many classrooms, upgrading and investing the education infrastructure to meet the needs ofeducation quality Healthcare Hai Duong implement fairly well the National healthcare program by building and upgrading the local healthcare network, expanding the healthcare services for all kinds ofpeople Income Sources ofpeople's income:. Agriculture, forestry Construction Manufacturing Whole sale and retail trade, repair... Education and training Transport, storage and communication Others 68% 3,4% 13,7% 4,4% 2,42% 1,76% 6,32% It is difficult to specify the DPs' exact sources of income and income since many DPs themselves could not point out their sources of income and income exactly. Many DPs have multi sources of mixed sources of income and their income changes following the fluctuation of agricultural and qua - product harvests and prices. Phu Minh Investment and Construction J.S.C -60

63

64 - Hai Duong Province (Stage 2) Resettlement action plan 7.1 Project impacts CHAPTER 7: PROJECT IMPACTS The project has following impacts: Houses or structures in the ROW required to relocate or remain with the restricted conditions. High trees planted in the pole foundation areas of the ROW: the distance between the top ofthe trees to the lowest position ofthe TIL is not less than 3m. The structures outside the ROW but have potential impacts on the project as petroleum station, information center...will be relocated. Permanent land acquisition for the project - Acquired land for pole foundation. - Acquiring land for access road serving the construction and maintenance. Temporary impacted land by project. Land around the pole foundation during the construction. Land used for access road: transporting materials to the construction site. The affected time is about one to two months. Land affected temporarily within the ROW. 7.2 Displaced persons In the project site there are 236 affected HHs with 915 DPs No. Commune Number ofhhs Number ofdps Number of permanent affected HHs Number of permanent affected DPs Number ofhhs' affected garden land Number ofdps' affected garden land Hai Duon2 ~rovince I. Nam Sach District Dong Lac Phu Minh Investment and Construction J.S.C -61

65 Subproject: Rural middle voltage power uetwork - Hai Duoug Province (Stage 2) Resettlement action plan II. Ninh Giang District Hung Thai HoangHanh I 4 Van Hoi I III. Thanh Ha District Thanh Lang I 6 Viet Hong IV. Kim Thanh District 7 Kim Luong KimAnh V. Tn Ky District Ngoc Son Van To VI. Cam Giang District 11 Kim Giang TT Lai each VII. Thanh Mien District 13 NguHung Thanh Giang Tan Trao VIII. Binh Giang District 16 Tan Viet Vinh Tuy ThucKhang Thai Duong IX. Gia Loc District Pham Tran Types of impacts * Permanent impacts: - Residential land: Om 2 - Paddy land: 1,075 m 2 - Garden land: 100m 2. * Temporary impact: - Residential land: Om 2 - Paddy land: 64,536 m 2 - Garden land: 3,595 m 2 Phu Minh Investment and Construction J.S.C -62 I

66 - Hai Duong Province (Stage 2) Resettlement action plan * Affected houses al1d_$jruc~l.lre~: No~ Temporary impacts (m2) Permanent impacts (m2) No. Commune Garden Paddy Garden Paddy Total land land land land Total Hai Duong I!rovince , ,3 100, , ,3 I. Nam Sach District ,88. 99,88 1 Bong Lac ,88 99,88 II. Ninh Giang District ,27 129,27 2 Hung Thai ,59 59,59 3 HoangHanh 920,4 920,4 26,04 26,04 4 Van Hoi 2719,6 2719,6 43,64 43,64 III. Thanh Ha District , ,38 5 Thanh Lang ,38 100,38 6 Viet Hong IV. Kim Thanh District 4115,1 4115,1 67,8 67,8 7 Kim Luong 3987,6 3987,6 52,8 52,8 8 KimAnh 127,5 127, V. Tn Ky District 10393, , Ngoc Son 699,8 699,8 19,4 19,4 10 Van To 9694,1 9694,1 142,6 142,6 VI. Cam Giang District 1174,4 1174,4 43,2 43,2 J! 11 Kim Giang 1084,4 1084,4 28,2 28,2 12 TTLai each i VII. Thanh Mien District 14516, ,2 229,9 229,9 13 NguHung 4521,6 4521,6 68,2 68,2 14 Thanh Giang 4421,1 4421,1 70,4 70,4 15 Tan Trao 5573,5 5573,5 91,3 91,3 VIII. Binh Giang 14309, ,1 289,3 289,3 District 16 Tan Viet 6643,8 6643,8 61,6. 61,6 17 Vinh Tuy 3125,9 3125,9 144,8 144,8 18 ThucKhang 2968,6 2968,6 45,8 45,8 19 Thai Duong 1570,8 1570,8 37,1 37,1 IX. Gia Loc District 1365,6 1365,6 31,6 31,6 20 Pharo Tran 1365,6 1365,6 31,6 31, Impacted land areas in comparison with total areas Total land holdings areas: ,9 m 2 Areas ofpermanently affected land by the project: m 2 % Areas ofpermanently affected land 0,52% Phu Minh Investment and Construction J.S.C -63

67 - Hai Duong Province (Stage 2) Resettlement action plan No Areas of temporarily affected land by the project: 68.l31 m 2 % Areas oftemporarily affected land 30,25% ~ Commune Total land holdings area (m2) Areas of permanently affected land by the project (m2) % Areas of permane ntly affected land Areas of temporarily affected land by the project(m2) % Areas of temporaril yaffected land. Hai Duong I!rovince ,3 0, ,3 52 I. Nam Sach District ,88 1, Dong Lac ,88 1, II. Ninh Giang District ,27 0, ,4 2 Hung Thai ,59 1, HoangHanh ,04 0,51 920, Van Hoi ,64 0, ,6 51 III. Thanh Ha District ,38 0, ,2 5 Thanh Lang ,38 0, Viet Hong , IV. Kim Thanh District ,8 0, ,1 23,08 7 Kim Luong ,8 0, , KimAnh ,62 127,5 5. V. Tn Ky District , ,9 61,5 9 NgocSon ,4 0,83 699, Van To ,6 0, ,1 67 VI. Cam Giang District ,2 0, ,4 17,34 11 Kim Giang ,2 0, , TTLai each , VII. Thanh Mien ,9 0, ,2. 30,11 District 13 NguHung ,2 0, , Thanh Giang ,4 0, , Tan Trao ,3 0, ,5 21 VIII. Binh Giang ,3 0, ,1 19,9 District 16 Tan Viet ,6 0, ,8 40, i 17 Vinh Tuy ,8 0, ,9 12 I 18 ThucKhang ,8 0, , Thai Duong ,1 0, ,8 19 IX. Gia Loc District ,6 1, , Pham Tran ,6 1, , Affected people classified by category i Table Affected people classified by category Phu Minh Investment and Construction J.S.C -64

68 - Hai Duoug Province (Stage 2) Resettlement actiou plan I No. I 1 Types of impacts Temporary acquisition of productive land in (ROW) 2 Temporary acquisition of garden and residential land within ROW where there is no houses or other structures. 3 Temporary impact on residential and/or garden land. House/ building within ROW (areas in ROW less than 10% of total area) and demolished area will not impact to the remammg of house/ structure.. Residential/garden land outside ROW IS sufficient for reorganizing. 4 Temporary impact on residential and/or garden land. Impact more than 10 % or less than 10% of total house/ building area but demolished area will impact to the remaining of house/ structure. Land outside of ROW is I sufficient for (not less than 60m 2 ) DPs._Iflls~ DPs No No No No I I! I I I i 5 Temporary impact on residential and garden land. Full or partial houses/ structures impacted and land outside of is not sufficient for reorganizing (less than 60m 2 ) 6 Permanent acquisition of land for tower foundation, substation and access road v.v. (a) Loss productive land is less than 10% of total existing land area. (b) Loss productive land is equal or more than 10% oftotal existing land area.. (c) Area of remammg land (residentiavgarden land) is not less than 60m 2 and sufficient for reorganizing.. (d) Area of remammg land (residentiavgarden land) is less than 60m 2 and not sufficient for reorganizing. 7 DPs impacted on business or other services. (a) Temporary impact on business or other services No No i No No No No No No No No I Phil Minh Investment and Construction J.S.C -65

69 - Hai Duong Province (Stage 2) Resettlement action plan.. - (b) Permanent impact on business or other services. 8 Temporary land acquisition of public works I within ROW 9 People renting house to live No No No No..-._----_._.- No No Note: One HH can be impacted by many types a/impacts Phu Minh Investment and Construction J.S.C -66

70 - Raj Duong Province (Stage 2) Resettlement action plan CHAPTER 8: IMPLEMENTATION ARRANGEMENT 8.1 Measures for project implementation Announcement to DPs All DPs shall be informed in details about the right and policies of RP including eligibility, entitlement policy and modes and rate of compensation, schedules as well as complaints and grievance rights. The Resettlement Information Book - RIB will be prepared by HDPC and then it will be delivered to all DPs or informed at the meetings in districts and communes; hung in public places such as administration quarters ofcommunes and schools Compensation deadlines Compensation for land, houses at least one month before land clearance, payment for trees, crops and other allowances will be paid at least one month before land acquisition date. For DPs who have to be relocated, the local authorities and HDPC should make every efforts to assist them in buying residential land and construction for the house and to ensure that no land clearance if these DPs have not completed their house building at new resettlement site. However, there is no impacts on residential land and structures in this project. Therefore, there is no DPs who required to be relocated Resettlement and clearance deadline DPs who have impacted houses and structures and have received full compensation and subsidies are requested to move out of the affected portion of the house or to cleared land at least 15 days before the commencement ofcivil works. 8.2 RP implementation actions Action 1: Right after signing the loan agreement, HDPC will select and contract a qualified agency for external independent monitoring. Action 2: CRC carries out the DMS and inventory ofthe affected assets and together with the independent monitoring agency and Phu Minh Investment and Construction J.S.C -67

71 Rai Duong Province (Stage 2) Resettlement action plan related instifutions to evaluate the applicable unit prices in RP and suggest Hai Duong provincial People's Committee for modifying that price, if necessary, to ensure that DPs'is compensated at replacement cost at the time ofrp implementation. Article 9 of Decree No. ND197/2004/NB-CP states that land price for compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in line with the Government regulations (within the GOV's range of minimum and maximum price). Chapter 2 of Decree No ND-CP provides the methodologies (such as "direct comparison method, "income method") to define the land price and Article 6 of Decree No. 123/20071ND-CP sets forth the land price framework (min and max unit price for different types ofland) in th whole country. Action 3: Right after finishing the DMS and inventory survey, CRC will check and define the official number of DPs, impact properties and total official compensation amount. Action 4: CRC will officially announce the policy, schedule ofrp to DPs at the public meeting, including the issues related to compensation, resettlement and clearance. Action 5: Compensation payment for housel structure and other affected assets and other subsidies payments for DPs. DPs who have productive land or income affected more 10% will be provided allowance for rehabilitation. They will be assisted in training, agricultural and breeding technique or other programs for none-land person. Action 6: During the project implementation, HDPC and external monitoring agency will monitor all RP activities and rehabilitation programs. Phu Minh Investment and Construction J.S.C -68

72 - Hai Duong Province (Stage 2) Resettlement action plan Implementation schedul~ One of the RP provisions is that RP will be carried out in accordance with the mentioned process for the purpose of security for land clearance and implementation ofthe civil work. The implementation schedule must ensure the synchronized linkage between RP implementation and commencement of civil work: the appropriate compensation and construction schedule. The compensation payment shall be completed prior to the commencement ofthe relevant project components. Proposed project implementation schedule: Schedule for HDPC and project CRC 1. Establishing project CRC Already existed 2. Preparing RP Quarter 4/ Review and approve Rp by HDPC Quarter 4/2010 andwb 4. Negotiation (GOV and WB ) Quarter 4/ Effectiveness date Quarter 4/ Commencement of public Quarter 4/20lO information 7. Commencement of field work Quarter 4/ Quarter Compensation payment Quarter 112()11 Schedule for DPs 1. Declaration of quantity and status of Quarter properties 2. Receive the compensation payment Quarter Civil work Quarter 2/2011 Supervising Quarter ~ Quarter 3/2011 All RP activities must be satisfactorily completed before the WE issues a noobjection to award ofcontract for sub-project. Any change for RP after WB approval will be required to be reviewed by the WB office in Hanoi before commencement of construction. 8.4 Staffing for RP implementation Proposed staffing for RP implementation Staffing for the RP implementation is proposed in the following table: Phu Minh Investment and Construction J.S.C -69

73 - Hai Duong Province (Stage 2) Resettlement action plan Number of Total working No. Institutions staves time 1 Hai Duong Power Company 2 3 months 2 Hai Duong provincial CRC 2 3 months 3 District CRC 2 3 months 4 Commune People's Committee 9 3 months' 5 Phu Minh J.S.C 10 3 months 6 Independent external monitoring agency 2 20 months The dependent monitoring agency has to appoint the qualified staff to satisfy with the requirement of the WB. This agency has to implement its work promptly at the time of RP commencement (public meeting and DMS) and last to 6 months later after completion of the RP implementation. This is to survey how the DPs satisfy with the project. Total time to implement this action is about 9 months. The independent external monitoring agency will be prepared the following reports such as: Inception report, Progress report and Final report Training and workshop In order to carry out RP implementation smoothly and effectively, prior to RP implementation, organizing training, workshops for social safeguard staves in HDPC, CRC as well as official of local authorities are necessary. The training, workshop shall be held by HDPC with technical assistance of the WB resettlement officers. The objectives of these activities are to guide all relevant agencies! people for taskforces, requirement for carrying out DMS survey and steps of RP implementation as well as monitoring and evaluation, report preparation, baseline data management. One intermediate training course and one primary training course are proposed to be organized at the initial stage ofrp implementation. One workshop for all RP implementation related personnel is proposed to be held by the initial stage of actual compensation payment. The training courses and workshops are to be organized in Hai Duong province in a short time, about one to two days. The number of proposed trainees as: Phu Minh Investment and Construction J.S.C -70

74 - Hai Duong Province (Stage 2) Resettlement action plan No. Organizations Number Content of training.. - -,-_..._ ~ I 1. Training intermediate! course Hai Duong PC of staves 2 - DMS, entitlement detennination - Main policies ofrp Hai Duong CRC 2 - Mechanism for redressing the District CRC complaints/ grievances Phu Minh J.S.C 2 Primary training Officers ofcommunes Internal monitoring officers 2 - Internal and external monitoring 4 and evaluating RP implementation 2 - DMS, survey and inventory 3 - Main policies ofrp - Monitoring and evaluating RP implementation - Public consultation and participation, - Complaints The commune's officers are one cadastral officer and one officer oflabor bureau. The independent monitoring agency is considered as a professional agency in the field of external monitoring ofrp implementation and their training is not required. 8.5 Complaints and grievances Since the entire resettlement and rehabilitation program is being carried out with the participation of DPs and the impacted scale is relatively small, it is expected that no grievance issues will arise. However, to ensure that the DPs have place to solve their complaints (related to the resettlement and compensation), the detailed procedures for solving grievances are prepared for the project. The mechanism is designed to be easy, transparent and fair. The procedures are as follows: Step 1 - Commune level: If any person IS aggrieved by any aspect of the resettlement and compensation program. He or she can lodge an oral or written grievance with commune Phu Minh Investment and Construction J.S.C -71

75 - Hai Duong Province (Stage 2) Resettlement action plan authorities. Those issues shall be solved within 15 days... from the date of being received. Step 2 - District level: In case the aggrieved person is not satisfied with the decision in step 1, he or she can bring the complaints to the district CRC within 15 days, from the date of the receipt of the decision in step 1. The District CRC will reach a decision on the complaint within 15 days. Step 3 - Provincial level: In case the aggrieved person is not satisfied with the decision in step 2, he or she can bring the complaints to the provincial CRC within 15 days from the date of the receipt of the decision in step 1. The Provincial CRC will reach a decision on the complaint within 15 days. In extreme cases, the DPs can bring the issues to the Court by using the Bureau of Law Consultation, free of charge. Step 4 - Solving grievance at the court IfDPs is not satisfied with the decision of the Provincial level, the case may be submitted for consideration by District Court according to the Article "Civil procedure" within 15 days from the date of the receipt of the decision in step 3.The issues will be solved in the District Court. The District Court's decision will be a legal basis for compensation. DPs will be exempted from all administrative and legal fees. DPs can make complaints on any aspect of resettlement and rehabilitation program, including compensation unit price. The detail procedures of solving complaints will be disclosed to all DPs in the public meetings and at the CRC office. This information also contains in RIB, and disseminates to all DPs promptly right after the commencement of the project. Phu Minh Investment and Construction J.S.C -72

76 - Rai Duong Province (Stage 2) Resettlement action plan Grievance redress administr~!y~(lr:tqjll!idical structures available to DPs Provincial CRC District CRC Mass Media Commune People's Committee DPs District Court... i I ---1'-- L_a_w --I 1~I c_o_m_p_la_i_n_ts ~... Bring the issues to! the Court i 8.6 Monitoring and supervising The implementation of RP will be constantly supervised and monitored by HDPC in 'co-ordination with local People's Committee. An independent consultation agency will be entrusted with external monitoring tasks. The selection of this agency will be submitted to approval by HDPC and WB. The selected independent external monitoring agency shall be contracted by HDPC immediately after RP approval and shall begin supervision and monitoring activities from the beginning ofthe implementation phase Internal monitoring Internal monitoring includes the following activities: Phu Minh Investment and Construction J.S.C -73

77 - Hai Duong Province (Stage 2) Resettlement action plan Monitoring the population, socio-economic surveys, and inventory of DPs' assets. Monitoring whether the implen1eilt~!iqilof cq!!1pemsation, resettlement and rehabilitation for DPs in accordance with the provisions that DPs agreed. Monitoring the implementation of compensation and resettlement tasks. Monitoring the availability of finance and schedule of RP implementation. Investigate and fairly assess each case of grievance and complaint. Preparing the quarterly report detailing the process of RP implementation. Such report should be made available to appropriate GOV authorities. WB and external monitoring agencies External monitoring In addition to verifying the information furnished in the internal supervision and monitoring reports of the respective PCs, the external monitoring agencies will be responsible for the following: At the beginning ofrp implementation, review compensation unit cost applied in RP, check at the site for ensuring that the compensation costs are at the replacement value, or otherwise recommend to HDPC and Rai Duong PPC for adjusting, Evaluate DMS, inventory and entitlement to DPs. Evaluate socio-economic project impacts on DPs. Supervising the implementation of RP to achieve the objectives of the RP in particular" to improve or at least maintain the incomes and living conditions of the DPs after resettlement", Suggesting the amendments for the implementation of RP to achieve the objectives ofthis RP. Offering suggestions on how to improve RP program. Phu Minh Investment and Construction J.S.C -74

78 - Hai Duong Province (Stage 2) Resettlement action plan Closely monitoring compensation activities and be prepared to give the informed evaluation of complaints and grievance cases. Write working reports to be submitted to HDPC and WB every 6 months to the appropriate GOV authorities, the WB and to the representatives of the DPs. Write final reports (6 months after finishing entirely the resettlement program). This report shall provide detailed evaluation of RP and its implementation, including the content of interviewing DPs about the situation and their opinions after receiving compensation and resettlement. Finally, on the bases of RP implementation experience this final report shall provide suggestions to help enforce the local RP implementation experience and improve RP in the future. Term of reference for independent monitoring will be prepared by HDPC and will be sent to WB for its concurrence prior to invitation of the independent monitoring. Phu Minh Investment and Construction J.S.C -75

79 Subproject: Rural middle voltage power uetwork - Hai Duong Province (Stage 2) Resettlement action plan 9.1 Budget CHAPTER 9: COST AND BUDGET For RD sub-project, funds for implementation ofrps will be from: EVN will arrange budget for implementing RP of the TD2 project. 9.2 Compensation cost estimation Compensation cost estimation for temporarily and permanently affected house, structures, agricultural land, forestry land, cultivated land, perennial trees and crops based on: Decree No ND-CP dated 03/12/2004 by GOV on the compensation, assistance and resettlement in case ofland acquisition by the state. Decree No. 69/2009IND-CP dated 13/8/2009 by GOV on land using plan, plan price, land acquisition, compensation, assistance and resettlement. Survey for replacement cost and market price for structures, land, trees by Phu Minh J.S.C in the period of carrying out impact survey. Decision No. 40/2009/QD-DBND dated 15/12/2009 by Rai Duong People's Committee on compensation, assistance and resettlement in case of land acquisition in Rai Duong province. Decision No. 45/2009/QD-DBND dated 20/12/2009 by Rai Duong People's Committee on prices of different types of land in Rai Duong for the year of Decision No. 44/2008/QD-DBND dated 29/8/2008 dated on compensation unit price of crops, assets affected in case of land acquisition. 9.3 Compensation unit price Decision No. 40/2009/QD-DBND dated 15/12/2009 by Rai Duong People's Committee on prices of different types ofland in Rai Duong for the year of2010. To ensure that the applicable unit cost for compensation are at the replacement costs, during the impact survey, Phu Minh J.S.C had carried out the survey on unit prices in Pbu Minh Investment and Construction J.S.C -76

80 - Hai Duong Province (Stage 2) Resettlement action plan other provinces ana compared them with the unit cost approved by the Provincial People's Committee. The result shows that: (i) the newly issued compensation unit prices for land (during December, 2009 in accordance to Article 56 of 2003 Land Law, Decree No. 197/2004/NB-CP on 03112/2004, Decree No. 69/2009/NB-CP on 1318/2009 and Decree No. 188/2004/NB-CP on along with the Circular No. 114/2004/TT-BTC on 16111/2004) reflecting the prevailing market prices in the project area. (ii) the construction prices given by contractors in the project related areas for recently structures are similar to construction price applied in this RP. The contingency component would cover certain differences, if any, by the time of actual RP implementation Compensation unit prices for structures The compensation unit price for structures are not applicable since there is not any house or other structures totally or partially affected in this project. Therefore, such rates are not applicable in this project Compensation unit prices for land Compensation for land shall be at replacement cost. Land unit price is established separately conforming to the regulated price frame of the Decree No. 188/2004/NB-CP and Circular No. 114/2004ITT-BTC. Land unit price is based on the Decision No. 45/20091QB-UBND on 20112/2009 by Hai Duong People's Committee on prices of different types of land in Hai Duong for the year of201o. Chapter II of the Decree No. 188/20041ND-CP 'Methods of defining Land Price' which is elaborated in Chapter 1 of the Circular No. 114/2004/TT-BTC (Le.: Art. 1 'the direct comparison method', and Art. 2 'the income method') ensure the unit. cost to meet the replacement value at the time of issuance of unit cost. This unit prices are based on the replacement cost for land, house, trees and market prices for crops. However, the compensation unit costs will be reviewed by the local authorities and Independent External Monitoring Agency at the initial stage of RP implementation. and the amendment will be done by the Provincial People's Committee (if required and to be used for calculation the entitlement of DP) to ensure that DP will be Phu Minh Investment and Construction J.S.C -77

81 ,

82 - Hai Duong Province (Stage 2)_ Resettlement action plan compensated at the replacement costs for land~ house, trees and market prices fro crops according to this RP's policies. Table Compensation unit price for land No. Commune Unit price Assistance Hai Duom! Drovince I. Nam Sach District 1 Dong Lac II. Ninh Giang District 2 Hung Thai HoangHanh Van Hoi III. Thanh Ha District 5 Thanh Lang Viet Hong IV. Kim Thanh District 7 Kim Luong KimAnh V. Tu Ky District 9~on VI. Cam Giang District 11 Kim Giang TT Lai each VII. Thanh Mien District 13 NguHung Thanh Giang Tan Trao VIII. Binh Giang District 16 Tan Viet Vinh Tuy ThucKhang Thai Duong IX. Gia Loc District 20 Pham Tran According to the decision on compensation of Hai Duong Provincial People's Committee, DPs will be compensated twice compared with permanently affected land price. Phu Minh Investment and Construction J.S.C -78

83

84 - Hai Duong Province (Stage 2) Resettlement action plan Note: The newly promulgated land pnce reflects the actual land value in the _._r.e._s:pec.!ive localities. However, the "land price consultant" (Art. 57 in 2003 Land Law) or the Independent External Monitoring Agency shall utilize the 'the direct comparison method' and/or 'the income method' (Chapter I of the Circular 114/2004/TI-BTC on ) of defining land price to adjust the land prices to meet the replacement value by the time of issuance of unit cost for this RP implementation. The contingency component.would cover such differences, if any, by the time of actual RP implementation Compensation unit prices for trees and crops According to Circular No. 114/20041ND-CP of MOF, compensation for fruit trees is determined based on the remaining harvests, long term trees to be compensated at the replacement cost and annual crops to be compensated at the average yields of three latest years. On the reference of local unit prices, surveyed market prices and prices proposed by DPs are not different. Table Compensation unit prices for trees and crops Compensation Unit Compensation Unit r No. Commune price for price for litchi i paddy(vnf)/m 2 ) (VNf)/tree) I Rai Duong I!rovince i I. Nam Sach District 1 Dong Lac II. Ninh Giang District 2 Hung Thai HoangHanh Van Hoi III. Thanh Ha District 5 Thanh Lang Viet Hong IV. Kim Thanh District 7 Kim Luong KimAnh i V. Tu Ky District 9 Ngoc Son Van To VI. Cam Giang District Phu Minh Investment and Construction J.S.C -79

85 - Hai Duong Province (Stage 2) Resettlementaction plan Kim Giang TTLai each VII. Thanh Mien District 13 NguHung Thanh Giang Tan Trao VIII. Binh Giang District 16 Tan Viet Vinh Tuy ThucKhang Thai Duong IX. Gia Loc District 20 Pham Tran Note: The price applied in this table based on the Decision No. 44/2008/QD-UBND on 29/8/2008 ofhai Duong PPC. 9.4 RP cost estimation RP implementation - All work in the office such as design study, preparation of statistic survey form. Survey work: census and inventory, socio-economic survey. Survey work is carried out in two stages: Preliminary stage (for RP implementation) and implementation stage (DMS - at the early time of project and RP implementation). Compensation and rehabilitation Based on the impact categories and extent of impacts, which described in the above chapters, compensation and rehabilitation costs are included: Compensation for permanently land acquisition. Compensation for trees and crops. Compensation for relocated houses and structures. Phu Minh Investment and Construction J.S.C -80

86 - Hai Duong Province (Stage 2) Resettlement action plan Subsidies and allowance for rehabilitation consist of subsistence allowance for relocating, transporti1:lg~~il()_"ycl!!ce,restoration allowance and training subsidy... V.v. Management Cost for staves of HDPC and CRCs includes physical basis, salary,and allowance for administrative organization. CRCs have to undertake many activities during the project implementation. The rate for management cost is estimated about 2% cost of compensation. Cost for training, workshop, information campaign... Monitoring =2% oftotal compensation and RP implementation cost - When carrying out the project, HDPC will enter a contract with an independent external monitoring agency to carry out the external monitoring. Since cost of monitoring work has not yet been envisaged in detail, it is estimated about 2% of the total cost of the compensation and RP implementation. The independent external monitoring agency will prepare the technical and financial proposals for bidding and actual cost will be decided through procurement for independent monitoring. Contingency =15% oftotal compensation andrp implementation cost - Based on the experience of implemented and on-going implementing projects, the rate for contingency is estimated about 15% of total cost of compensation and preparation ofrp. 9.5 Total cost estimate for RP implementation Preparation ofrp and DMS Initial stage - Preparation ofrp The following works shall be carried out in the preparation period: Studying the design and field visits. Making socio-economic survey forms (interview) and inventory forms (with preliminary measurements offixed assets and counting ofproperties). Organizing the community meetings and public consultation and distribution ofproject related Q&As and pamphlets... Phu Minh Investment and Construction J.S.C -81

87 - Hai Duong Province (Stage 2) Resettlement action plan Socio-economic surveys by filling in the "Questionnaires" forms and direct interview Data processing and establishing RP for approval HDPC has signed the contract with Phu Minh J.S.C to execute the above mentioned tasks. Cost estimation for initial stage: 85,951, VND Implementation stage - DMS Support working teams ofthe district CRCs are mobilized to do the following works: - Preparing DMS and inventory forms, RIB. Organizing community meetings. DMS and inventory work. - Negotiating with DPs. - Finalizing the DPs' compensation and rehabilitation forms and submit to CRC for approval. Supporting team: 4 people/team for one commune ofthe project. Total support working teams' staff: 4 staves x 1 month = 4 staves/month The estimation also includes expenses on basic salary, assistance, accommodation, traveling of staff, printing forms, Q&As, pamphlets as well as community meetings. + Cost for issuing license, site clearance = 2% * 0,6* cost estimate for construction 63,028,276~9 VND Cost for issuing license, site clearance.calculated based on: + The officialletler No. 2189/CV-NLDK dated on 28/4/2005 of MOl on regulating. the cost in implementing compensation and site clearance. + The guiding document No. 2272/CV -EVN-RPDT dated on 1115/2005 of EVN on establishing, reviewing and approving cost estimation for implementing compensation and site clearance ofthe Purchaser in constructing power network. + Cost for DMS = VND Cost {or RP implementation VND Total cost for RP implementation 238,980,100.9 VND Phu Minh Investment and Construction J.S.C -82

88 - Hai Duong Province (Stage 2) Resettlement action plan Initial stage (RP implementation) 85, 824 VND Implementation stage (DMS) 153,028,276.9 VND Compensation and rehabilitation As already mentioned in the previous chapter, there are no residential land affected, no housesl structures affected and naturally no DPs required to be relocated. Therefore, the following items will be compensated: - Compensation for permanent land acquisition. - Compensation for crops, tress in the permanent and temporary land acquisition. - Compensation unit price based on the Decision No. 40/2009/QD-UB dated on 16112/2009 of Hai Duong PPC mentioning the policy on compensation, resettlement in case of land acquisition applied in Hai Duong Province. No. Item Quantity Unit price (m 2 ) (VND) Compensation cost 1 Permanent land acquisition 1, ,000 64,497, ,000 6,524, Allowance 1, , ,994, ,000.() Compensation for paddy, crops 68, , ,525, Compensation for trees ,000 10,800, Total 496,390, Management Management (2% ofcompensation cost) Cost for staff of HDPC and CRCs includes: mam salary and allowance for administrative organization. HDPC and CRC shall be undertaken many works during the project implementation and only some members will be contracted to work for a certain period oftime. Total management cost: 9,927,806.0 VND Training. workshop. information campaign Phu Minh Investment and Construction J.S.C -83

89 Subproject: Rural middle voltage power uetwork - Hai Duong Province (Stage 2) Resettlement action plan, One intermediate training course and one primary training course are proposed to be organized right at the beginning of RP implementation and one worksh0i' J~ ~ proposed to be held at the commencement ofactual payment of compensation. The training courses and workshop are to be organized in Hai Duong province within a short oftime from one to two days. Total estimated cost oftraining courses and workshops (including TAs, documentations, administration fees...) VND Monitoring The independent external monitoring ofrp implementation is estimated at about 2% of total cost of compensation and RP preparation. The interested independent external monitoring agency will prepare the technical and financial proposals for bidding and actual cost will be decided through procurement for independent monitoring agency Contingency The rate of contingency is estimated about 15% of total cost of compensation and RP implementation Total cost for RP implementation See table Total cost for RP implementation No. Item Detail Amount I Cost of RP preparation and DMS ~100,9 1 Initial stage (making RP) Temporary Implementation stage ~.Llb,'1 + DMS, negotiation with DPs Temporary Expenditure of granting license and ground clearance 2% *0,6* construction cost ( ) ,9 II Compensation and rehabilitation Permanent impacts Compensation for paddy 1.074,95m2*60.000VND!m Compensation for litchee garden 100,38m2*65.000VND/m Allowance: 120,000dlm2 for permanent 1.074,95m2* VND/m impacts Allowance: 130,000dlm2 for permanent impacts 100,38m2* VND/m Temporary impacts Compensation for rice! paddy ,3 m2 *4.000VND/m Phu Minh Investment and Construction J.S.C -84

90 - Hai Duong Province (Stage 2) Resettlement action plan Compensation R>r trees 18 tree * VND/tree III Management cost Management cost 2%*(II) Training, workshop and information campaign cost Temporary IV Monitoring cost = 2% (I + II ) ,02 V Contingency = 15%, (I + II ) ,14 Total ( I+II+III+IV+V) ,06 Phu Minh Investment and Construction J.S.C -85

91 - Hai Duong Province (Stage 2) Resettlement action plan CHAPTER 10:- DISCLOSlJRE Drafts of RPF and Entitlement Matrix have been disclosed at the People's Committee of20 Communes in project area. Draft of RP has been sent to the office of Provincial People's Committee, EVN and WB's VDIC center in Hanoi, Vietnam. The final RP will be cleared by the WB and approved by EVN and Hai Duong PC. Phu Minh Investment and Construction J.S.C -86

92 Subproject: Rural Middle Voltage Power Network - Hai Duong Province (Stage 2).. Resettlement Plan 00 ~ 1. Project areas ~ ~ 2. Entitlement matrix ~ 3. Sample of"pamphlet" Z 4. Inventory of DPs ~ 5. Details of entitlement of DPs ~ ~ < 6. Minutes of community Meetings Phu Minh Investment and Construction J.S.C

93 Subproject: Rural Middle Voltage Power Network - Hai Duong Province (Stage 2) - Resettlement Plan.. Appendix 1 PROJECT AREAS Phu Minh Investment and Construction J.S.C

94 CON VI H-4NHCl-iINH ftn;nijgil'''!l H.NamSach H.Thanh HII H.Tha"hM~n H.1\i Ky

95 Subproject: Rural Middle Voltage Power Network - Hai Duong Province (Stage 2) Resettlement Plan Appendix 2 ENTITLEMENT MATRIX Phu Minh Investment and Construction J.S.C

96 No. Type loss Application 1 Temporary acquisition productive in ROW. All DPs have of 1 trees, crops or land other assets in ROW ~, - DPs with or without land certificate included in the inventory or able to prove land occupancy prior to the cut-of date. Entitlement Matrix Definitions of Compensation policy Implementation issues entitled DPs - Cash compensation for affected trees at the replacement cost plus cost for cutting trees, crops at market price. Number of crops patterns to be compensated based on the time of temporarily acquired of land. - No compensation for land. - The contractor rehabilitate the land after project construction. - Trees have to be cut are regulated by Article 5 in the Decree No.106/2005/ND-CP dated on 17/8/2005 by GOV guiding the implementation of some regulations in Power Law on the protection and safety in high voltage power network. - PMBs and local authorities determine and ensure that compensation for trees will be at the replacement cost and for crops at market price. DPs has the right to use salvageable trees. - Full compensation at least 01 month before land clearance. Payment to DPs! will be delivered by PMBs. i - Affected land in ROW will be rehabilitated by contractors after the project constr~ction and land in ROW could be used with the restricted purposes.! I - Finance available for compensation and well information disclose to DPs and other related sides. : 2 Temporary acquisition All DPs have fruit of trees or perennial As above - Cash compensation for affected fruit trees and perennial trees at replacement - Trees have to be cut are regulated by Article 5 in the Decree No.106/2005/ND-CP dated on residential and trees in ROW cost. 17/8/2005 by GOV guiding the implementation garden land in - No compensation for land. of some regulations in Power Law on the ROW without - The contractor rehabilitate the land protection and safety in high voltage power houses or other after project construction. network. structures ROW - PMBs and local authorities determine and ensure that compensation for trees will be at the replacement cost and for crops at market price. If DPs is requested for cutting affected trees, PMBs will pay money for this task. DPs has the right to use salvageable trees. - Full compensation at least 0 I month before land clearance. Affected land in ROW will be Appendix 2: Entitlement matrix 1

97 ,--, 4 rehabilitated by contractors after the project construction. - Payment to DPs will be delivered by PMBs and local authorities. - Finance available for compensation and well information disclose to DPs and other related sides. Temporary All DPs. have As above Bousel buildings - Trees have to be cut are regulated. by Article 6 impact on houses! buildings - DPs can choose: i) Remain their houses in the Decree No.106/2005IND-CP dated on residential and or and trees in or buildings in ROW with the conditions 17/8/2005 by GOY guiding the implementation garden land. ROW. regulated in Article 6 of GOY Decree of some regulations in Power Law on the Partial housel No. 106/20051ND-CP on 1718/2005 protection and safety in high voltage power building within guiding the implementation of some network. ROW (areas in regulations in Power Law on the - PMBs and local authorities determine and ROW less than protection and safety in high voltage ensure that compensation for trees will be at the 10% of total power network. replacement cost and excluding the discount housel building's Subsidy allowance for fireproof materials amount of re-acquired materials. areas) but the and lightning arrestors for the existing - DPs will demolish the impacted areas and redemolished areas housel building; or ii) cash compensation construct or improve their houses by themselves. will not impact to for the directly affected rooms at the - Full compensation for trees and fruit trees at the remaining of replacement. cost for demolishing an least 01 month before land clearance. If DPs is the structures. affected room. requested for cutting affected trees, PMBs will Land outside of - Subsidy allowance for changing land pay money for this task. DPs has the right to use ROW is using purpose for the remaining land in salvageable trees. I sufficient for ROW. - Payment to DPs will be delivered' by PMBs reorganizing. - Affected land in ROW will be and local authorities. j (not less than rehabilitated by contractors after the - Land in ROW could be reused rith other 60m 2 ) project construction. restricted purposes. I I Perennial and fruit trees - Finance available for compensation and well - Compensation for perennial and fruit information disclose to DPs and other related trees at replacement cost. sides. Allowance - Relocating allowance of 30kg of rice J>er person per month in six months. Temporary All DPs have. As above Bousel buildings - Houses or buildings have to be demolished impact on house! building - DPs can choose: i) Remain their houses based on the Article No. 6 of the Decree No. residential and or and trees in or buildings in ROW with the conditions 106/2Q951ND-CP dated on 1718/2005 by GOY Appendix 2: Entitlement matrix 2

98 garden land. I ROW. I regulated in Article 6 of GOV Decree guiding the implementation of some regulations I Impact more than No. 106/2005/ND-CP on 1718/2005 in Power Law on the protection and safety in 10% of total guiding the implementation of some high voltage power network.. housel building's regulations in Power Law on the - Consultation for DP's options on remaining areas but the protection and safety in high voltage their house in ROW or move out of ROW. demolished areas power network. - PMBs and local authorities determine and will impact to the Subsidy allowance for fireproof materials ensure that compensation will be at the remaining of the and lightning arrestors for the existing replacement cost at the time of payment. structures. Land housel building; or ii) cash compensation - DPs will demolish the impacted areas and reoutside of ROW for impacted areas of the housel building construct or improve their houses by themselves. is sufficient for and demolished cost for DP's houses in - Full compensation for trees and fruit trees at reorganizing. ROW. least 01 month before land clearance. DPs has (not less than - Subsidy allowance for changing land the right to use salvageable trees. 60m 2 ) using purpose for the remaining land in - Full compensation payment for impacted house ROW.. and allowance to DPs at least 03 months before - Affected land in ROW will be land clearance. rehabilitated by contractors after the - Payment to DPs will be delivered by PMBs project construction. and local authorities. Perennial and fruit trees - Residential land can be re-used with other - Compensation for perennial and fruit I restricted purposes. trees at replacement cost. - Finance available for compensation and well AUowance information disclose to DPs and other related - Relocating allowance of 30kg of rice sides. per person per month in six months. 5 Temporary All DPs have As above - DPs can choose: - Houses or buildings have to be demolished impact on housesl buildings i) Remain their houses or buildings.in based on the Article No. 6 of the Decree No. residential land and trees, fruit ROW with the conditions regulated in 106/2005/ND-CP dated on 17/8/2005 by GOV or garden land in trees in ROW. Article 6 of GOV Decree No. guiding the implementation of some regulations ROW. Full or /ND-CP on 1718/2005 guiding in Power Law on the protection and safety in partial housel the implementation of some regulations high voltage power network.. I building in Power Law on the protection and - Consultation for DP's options on. remaining impacted and safety in high voltage power network. their house in ROW or move out of RpW. land outside of is ii) Cash compensation for the whole - PMBs and local authorities determine and not sufficient for reorganizing (less. than 60m 2 ). residential area which DPs occupy (not ensure that compensation will be at the only for the impacted area) and assets replacement cost at the time of paym~nt. associated on land at the replacement - Replacement land and resettl~ment site cost. Impacted land will be obtained by development. Appendix 2: Entitlement matrix 3

99 n_n 6 local authorities; or iii) "land for land" with the same areas which DP occupied and cash at the replacement cost for the affected assets associated with land. Land occupied by DPs will be obtained by local authorities. - Compensation for trees and perennial trees at the replacement cost. Allowances: - Relocating allowance of 30kg of rice per person per month in six months. - Transportation allowance for relocating DP based on the GOV Compensation Decree No. 69fND-CP. Rehabilitation assistance if DPs permanently losing business or more than 10% their income. - Award for the DPs with rapid implementation at maximum of 5,000,000 VND!HH. - DPs receiving compensation will demolish the impacted areas and re-construct or improve their houses by themselves... - Full compensation for trees and fruit trees at least 01 month before land clearance. If DPs is requested for cutting affected trees, PMBs 'will pay money for this task. DPs has the right to use salvageable trees. - Full compensation payment for impacted house and allowance to DPs at least 05 months before land clearance. - Payment to DPs will be delivered by PMBs and local authorities. - Residential land can be re-used with other restricted purposes. - Finance! land available for rehabilitation and restoration and well information disclosel disseminate to DPs. - PMBs and local authority will consult with DPs who are eligible to restoration programs for their options and prepare proposal for restoration programs in the period ofrp implementation. Permanent All DPs occupied As above For DPs losing productive land: - Consultation for DP's options on hmd acquisition of land and a. Land loss less than 10% of their total compensation. land for tower properties landholdings: - PMBs and local authorities determine and foundations, associated with - Cash compensation for the lost area if ensure that compensation will be at the substations and land permanently the remaining area is still economically replacement cost at the time of payment. access roads... impacted by available. - Replacement land and resettlement site tower - Cash compensation for the whole development. foundations, impacted plot if the remaining area is not - DPs receiving compensation will demolish,the substation and economically available. impacted areas and re-construct or improve their access roads... - Cash compensation for properties houses by themselves. associated with land. - Full compensation for trees and fruit trees at b. Land loss equal or more than 10% 'of least 01 month before land clearance. If DPs is their total landholdings. DP can choose: requested for cutting affected trees, PMBs will i) "land for land" with the same area and pay money for this task. DPs has the right to use productiveness of impacted area if the salvageable trees. Appendix 2: Entitlement matrix 4

100 remammg area is still economically available and for the whole impacted plot if the remaining area is not economically available. ii) Cash for land at the replacement cost. - Compensation for trees and perennial trees at the replacement cost. - Rehabilitation assistance. For DP losing residential and garden land: - If the remaining land is sufficient for reorganizing (not less than 60m 2 ): Cash - Full compensation payment for impacted house and allowance to DPs at least 03 months before land clearance. - No award civil work contract 'before completion of compensation and reorganizing houses or relocation. - Payment to DPs will be delivered by PMBs and local authorities. - Finance! land available for rehabilitation and restoration and well information disclose! disseminate to DPs.., - PMBs and local authority will consult with compensation for lost area and assets DPs who are eligible to restoration programi for associated with land. their options and prepare proposal for restoration - If the remaining land is not sufficient programs in the period ofrp implementation. for reorganizing, DPs can choose: - DP will be granted with the LURC without i) Cash compensation for land and assets payment ofadministrative fees. on land at replacement cost. ii) Compensation "land for land" for the whole area DPs occupy not only for the impacted area) and assets on land. For affected house and building, the same entitlement to DPs as in categories 3, 4 or 5. 7 IDPs impacted on All DPs impacted As above (a}temporary impacts on business or - Full compensation for income lost to DPs at I business or other on business or other services. least one month before land clearance. services. other services. Compensation for income lost in the - PMBs and local authority will consult with affected time. DPs who are eligible to restoration progran1s for (b) Permanent impacts on business or their options and prepare proposal for restoration other services. programs in the period ofrp implementation. (clrehabilitation assistance. 8 I Public works Temporary impacts All impacted institutional DPs by the project - All impacted institutional DPs shall be approached in advance by the contractors for cooperation telephone lines... - Alternative measures to maintain the normal functions of the public work as roads, water supply, drainage systems, - Contract with the contractor should bear one article on this specific responsibility of the contractor: - A~proach the il1s!itutional DPs for cooperation. Appendix 2: Entitlement matrix 5

101 Permanent impacts in impact mitigation Rehabilitation after project - Arrange and pay for the expenses of the measures for maintaining construction. alternative measures to maintain the normal the normal functions of - All expenses on alternative measures to functions of the' impacted systems to the their impacted systems. maintain. the normal functions of the satisfaction ofthe institutional DPs. impacted systems shall be born by the Contractor. As above As above - Alternative measures to maintain the - Contract with the contractor should bear one normal functions of the public work as article on this specific responsibility of the roads, water supply, drainage systems, contractor. telephone lines... - Approach the institutional DPs for cooperation. - All expenses on alternative measures to - Arrange and pay for the expenses of the, maintain the nonnal functions of the alternative measures to maintain the normal impacted systems shall be born by the functions of the impacted systems to the Contractor. satisfaction ofthe institutional DPs. - Complete the works for "alternative solutions" prior to the commencement of the project " Appendix 2: Entitlement matrix 6

102 Subproject: Rural Middle Voltage Power Network Hai Duong Province (Stage-2) Resettlement Plan ~ ~~==~~~ Appendix 3 SAMPLE OF PAMPHLET Phu Minh Investment and Construction J.S.C

103 , " 1, :1 :1 n -J c )1 4 d cam bim chirn ho{lc nem bat cif v~t gi len day d n dm xay d\filg nba 6 va cong trinh xam ph~,11 va cae bq ph~n ella eong trinh h16i di~n himb lang bao v~ tr~m di~n n NHA TRONG HANH LANG TUV~N ElLl(,1C TANG WarJG AN ToAN ~ ElleN I B h I:f 1? t u fr III f. 3 Ḏ....c:,I 1. :hl ~ 5m : h~ ~ 4m.hi 23m cam dqt nh~pvao t~