VIE: Ha Noi and Ho Chi Minh City Power Grid Development Sector Project

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1 RESETTLEMENT DUE DILIGENCE REPORT Project Number: January 2018 VIE: Ha Noi and Ho Chi Minh City Power Grid Development Sector Project Prepared by Ho Chi Minh City Power Corporation, Electricity of Vietnam for Asian Development Bank

2 Resettlement Due Diligence Report Stage of the document: Updated Loan number: 3161/8286 January 2018 VIE: Hanoi and Ho Chi Minh City Power Grid Development Sector Project EVN HCMC: 220 kv District 8 Substation Subproject Prepared by the Ho Chi Minh City Power Corporation (EVN HCMC) for the Asian Development Bank (ADB) 1

3 CURRENCY EQUIVALENTS (as of December 2017) USD $ 1 = VND $22,720 ADB AH B.O.O DCC EVN EVN HCMC JSC GoV NH SS PC PMB ACRONYMS AND ABBREVIATIONS Asian Development Bank Affected Household Built. Operation. Own District Compensation Committee Vietnam Electricity Ho Chi Minh City Power Corporation Joint Stock Company Government of Vietnam National Highway Substation People s Committee Project Management Board ELECTRICAL TERMINOLOGY kv (kilovolt) - 1,000 volts MW (Megawatt) - 1,000 kw MVA (Megavolt-ampere) - 1,000 kva Transmission System kv, 220 kv, 110 kv lines Medium Voltage Distribution (MV) - 35 kv, 22 kv or 10 kv lines supplying distribution substations Low Voltage Distribution (LV) - 400/230 V distribution and service lines Load Factor - Ratio of average power demand to maximum power demand Electrical Losses - Difference between energy delivered and energy sent out REMARKS In this report, "$" refers to US dollars. This Resettlement Due Diligence Document is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the terms of use section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the ADB does not intend to make any judgments as to the legal or other status of any territory or area. i

4 TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS... i ELECTRICAL TERMINOLOGY... i REMARKS... i Executive Summary... 3 I. Description of the Subproject... 3 I.1. Objectives of the Subproject... 3 I.2. Salient Features of the Subproject... 3 II. Methodology for DDR Preparation... 4 III. Scope of Impacts of the Subproject... 4 IV. Status of Land for the Construction of the Substation... 5 VI. Conclusions and Recommendations Conclusion Recommendations... 6 ANNEX 1. LIST OF PEOPLE MET... 7 ANNEX 2. LIST OF PARTICIPANTS OF PUBIC CONSULTATION... 8 ANNEX 3. MINUTES OF PUBLIC MEETINGS... 9 ANNEX 4. CONTRACT LIQUIDATION MINUTES...11 LIST OF TABLES AND FIGURES Figure 1. Status of Area for the Substation Construction... 4 Table 1. Technical Parameters of 220 kv District 8 Substation... 4 Table 2. Cost estimates of compensation and assistance of the 220 kv District 8 Subproject

5 Executive Summary 1. The 220 kv District 8 Substation (SS) is among the non-core subprojects requested by the EVN HCMC and Ho Chi Minh City Power Project Management Board to be financed under the Hanoi-Ho Chi Minh Power Grid Development Sector Project. The development of the District 8 SS aims to (i) transmit power from 220 kv Binh Chanh SS to 220 kv District 8 SS to supply power for the 110 kv substations of Phu Dinh, Chanh Hung, Hung Vuong, and Tan Hung, etc.; (ii) increase power supply to the load in District 8 area and surrounding districts such as District 1, 3, 5, and Binh Chanh District, etc.; and (iii) improve reliability and ability of power supply for sources of 110 kv, 15 (22) kv to meet the socioeconomic development demands of the area. 2. The subproject requires 5,683.4 m 2 of land for the construction of the District 8 Substation located at No Pham The Hien, Ward 5, District 8. The total land area locates within the boundary of the existing zone at No Pham The Hien, Ward 5, District 8, under the management of Saigon Shipbuilding Industry Co., Ltd. (SSIC). Therefore, the subproject will not acquire land of local people and not cause additional social safeguard impacts. 3. During project preparation, PMB of EVNHCMC has conducted public consultation meeting with Ward 5 People s Committee and SSIC. The result shows that there is no household whose land is acquired by the subproject. 4. According to the requirements of the ADB s SPS 2009, the project does not cause land acquisition of any household as well as any organization, therefore, it is not required to prepare a Resettlement Plan. To ensure the impact of the project is well managed, a Resettlement Due Diligence Document is built as a safeguard document of the project. I. Description of the Subproject I.1. Objectives of the Subproject 5. The construction of the 220 kv District 8 Substation aims to: supply power for the 110 kv substations of Phu Dinh, Chanh Hung, Hung Vuong, Tan Hung, etc. from the 220 kv Binh Chanh Substation to 220 kv District 8 Substation; increase power supply to the load in District 8 area and surrounding districts such as District 1, 3, 5, Binh Chanh District, etc.; Overload protection for 220 kv substations of Nha Be, Tao Dan and the 110 kv lines of Nam Sai Gon Phu Dinh, Viet Thanh - Chanh Hung; and improve reliability and ability of power supply for sources of 110 kv, 15 (22) kv to meet the socioeconomic development demands of the area. I.2. Salient Features of the Subproject kv District 8 Substation: The substation will locate within the boundary area of the land area No Pham The Hien, Ward 5, District 8, Ho Chi Minh City. The substation has the boundary as follows: The East borders to road 1107 Pham The Hien; The West borders to Xom Cui ditch; The south borders to the fence of the land area No Pham The Hien and cement alley; and The north borders to the remaining area of the land area No Pham The Hien. 7. Technical specification of the substation is described in Table 1 below: 3

6 II. Table 1. Technical Parameters of 220 kv District 8 Substation No. Specifications Parameters 1 Voltage level 220/110/22 kv 2 Substation capacity, MVA 220/110/22 kv-3x250mva, initial stage 2x250MVA 3 The area within the substation fence 5,683.4 m 2 Methodology for DDR Preparation 8. A number of research methods were utilized for the purpose of the due diligence review, including: Desk study method was utilized to review the Feasibility Study Report of 220 kv District 8 SS subproject. A consultation meeting was conducted to collect information and data related to the project from the stakeholders about the resettlement plan. The interview was conducted with representative of (i) local authorities of Ward 5, and (ii) SSIC; (iii) District 8 Compensation, Assistance, and Resettlement Board. 9. Field visits were organized to the project area in order to observe and assess the project impacts. III. Scope of Impacts of the Subproject 10. The 220kV District 8 Substation Subproject will be implemented in Ward 5, District 8, Ho Chi Minh City. The construction of the 220 kv SS requires an aggregate of 5,683.4 m 2 of land. The area and location for the SS are identified to be within the boundary of the land area No Pham The Hien. 11. Land acquisition will affect an aggregate of 2,611 m 2 of secondary structures of the SSIC including: (i) 1,649 m 2 of gravel yard; (ii) 589 m 2 of cement yard; (iii) m 2 of 2.5m-high fence wall; and (iv) m 2 of 2m-high fence wall. Figure 1. Status of Area for the Substation Construction 4

7 12. The SSIC handing over land to EVNHCM for the construction of the 220 kv SS will not cause adverse impacts on its business or job disruption/loss for any worker of the Shipbuilding Company. 13. In addition, the selected substation location is relatively close to the public roads/canals to avoid land acquisition for access roads and thus minimize the cost during construction, operation and maintenance. The construction of the SS is envisaged to not cause impacts on the local infrastructure. IV. Status of Land for the Construction of the Substation 14. SSIC had land lease contract No. 1964/HD-TD dated November 4, 1997 with the Department of Finance of Ho Chi Minh City with the term of five (05) years from January 1, This lease term would be adjusted after reviewing the planning and long-term land use needs of the company. SSIC pays the rental on an annual basis. 15. The land area No Pham The Hien Road has an aggregate area of 26,686.6 m 2, of which 1,211.8 m 2 of land are directly under the state management (including 2m 2 of road and 1,209.8 m 2 of river). The location and boundary of the land plot are determined at the land status map numbered /DDBD-VPTT by the Measurement Center under the City DONRE dated September As per the map: - The land area expected to build 220 kv SS (zone 2) has a total area of 4,037.4 m 2 including 18.5 m 2 of land within the road boundary planning; - The remaining area (zone 1) has an aggregate area of 22,649.2 m 2, comprising of 10,619.1 m 2 out of the road boundary planning; 1,425 m 2 within the road boundary planning; 1,883.9 m 2 within the projected road; m 2 within the right-of-way of the power line; and 8,351.1 m 2 within the river right-of-way. 16. On March 1, 2014, SSIC has leased land to Anh Tu Company to open a garage for repairing and keeping cars. During the RP preparation in 2013, it was envisaged that land acquisition for substation construction would cause impacts on business of Anh Tu Company and its employees. Both companies, SSIC and Anh Tu Company, were consulted about the project development in November However, on December 31, 2015, the two companies have concluded the lease contract; therefore, as of now, the affected area to be used for the construction of the 220 kv SS is vacant land that has not been used by SSIC. 17. In accordance with the Article 82 of 2013 Land Law and Article 6 of the Decision No. 23/2015/QD-UBND dated May 15, 2015 by Ho Chi Minh City PC, the affected land area is under the management of the state and leased to the SSIC for long-term use; therefore, the company is not entitled for compensation for land but compensation for affected structures built thereon. 18. On February 1, 2016, the SSIC has handed over land to HPPMB for the implementation of the 220 kv District 8 SS. On July 8, 2016, the Compensation, Assistance and Resettlement Board of District 8 has organized a public meeting to disclose the draft compensation plan with the participation of the Ward 5 People s Committee, representatives of the residential group No. 2 in Ward 5 of District 8, Fatherland Front of Ward 5, and SSIC. 19. The consultation with the representatives of the District Compensation Board and SSIC shows that the company totally supports the subproject implementation within its boundary and thus agrees with the compensation and assistance plan. V. Compensation Cost and Implementation Schedule 20. The compensation and assistance implementation cost for the SS construction is anticipated to be VND 431,011,630, including the followings: 5

8 Table 2. Cost estimates of compensation and assistance of the 220 kv District 8 Subproject No. Category Affected area Rate Amount (VND) I Compensation and assistance for secondary 2, ,026,313 structures 1 Gravel yard 1, , ,887,478 2 Cement yard ,885 45,874,147 3 Fence wall (2.5m high) ,529 86,707,163 4 Fence wall (2m high) ,529 53,557,525 II Bonus for timely handing over land 19,805,500 III Implementation cost (2% of (I+II) 7,696,636 IV Contingency cost (10% of I+II) 38,483,181 Total 431,011, The rental amount for the construction of 110 kv Thu Duc Water Plant SS is anticipated to be VND 8,969,400,000 or USD 402, (including 10% contingency). This cost will be included to the total investment of the project and provided by EVNHCMC. 22. The construction of the 220 kv SS is commenced on September and expected to be completed in July EVNHCMC will inform ADB all activities of the project during the implementation process through internal monitoring report quarterly, bi-annually and annually. VI. Conclusions and Recommendations 1. Conclusion 23. The 220 kv District 8 Substation subproject involves no land acquisition of households, and only acquires 5,683.4 m 2 of state land leased to the SSIC. 2,611 m 2 of secondary structures are affected by the subproject. No house or tree and crop is affected by the subproject. 2. Recommendations 24. Contractor should apply mitigation measures to ensure no negative impact on local people during construction of 220 kv District 8 SS. If there is any impact on land or livelihood of local people, a resettlement plan (RP) is required based on social impact assessment and compensation will be implemented as per the RP and the updated Resettlement Framework of the Project. 25. EVNHCMC will conduct regularly internal monitoring on the safeguards issues during construction and prepare quarterly internal monitoring reports to ADB. 6

9 ANNEX 1. LIST OF PEOPLE MET Name Position Organization Kieu Van Quang Vice director District 8 Compensation Clearance Committee Nguyen Thi Thu Staff District 8 Compensation Clearance Committee Dao Kim Thuy Staff EVN HCM Hung Phu Staff Construction Monitoring Nguyen Vu Leader Representative Constructor 7

10 ANNEX 2. LIST OF PARTICIPANTS OF PUBIC CONSULTATION RESETTLEMENT PLAN (RP) AND ENVIRONMENTAL MANAGEMENT PLAN (EMP) I. Date : October 2, 2015 Location : SSIC Office No. Name Organization/Address Position 1 Kieu Thanh Quang Compensation, Assistance and Resettlement Board of District 8 Deputy Head 2 Nguyen Thi Minh Thu Working group 1 Staff 3 Pham Anh Sy HPPMB Representative of HPPMB 4 Nguyen Manh Tuong SSIC Representative of SSIC 5 Le Dang Khoa Map Measurement Center Representative II. Date: July 8, 2016 Location: Ward 5 People s Committee, District 8 No. Name Organization/Address Position 1 Kieu Thanh Quang Compensation, Assistance and Resettlement Board of District 8 Deputy Head 2 Huynh Tan Dung Working group Group leader 3 Nguyen Thi Minh Thu Working group 1 Staff 4 Luu Quang Huy Quan Ward 5 People s Committee Deputy Chairman 5 Nguyen Thi Kim Loan Ward 5 People s Committee Cadastral official 6 Tran Minh Quan Ward 5 Fatherland Front Chairman 7 Luong Duc Ninh Residential group 2, Ward 5, District 8 Group leader 8

11 ANNEX 3. MINUTES OF PUBLIC MEETINGS 9

12 10

13 ANNEX 4. CONTRACT LIQUIDATION MINUTES 11

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